State Department FY94-95 Authorization bill

TABLE OF CONTENTS:

Title I: Department of State and Related Agencies

Part A: Authorization of Appropriations

Part B: Authorities and Activities

Part C: Department of State Organization

Part D: Personnel

Title II: United States Informational, Educational,

and Cultural Programs

Part A: Authorization of Appropriations

Part B: USIA and Related Agencies Authorities and

Activities

Part C: Mike Mansfield Fellowships

Title III: United States International Broadcasting Act

Title IV: International Organizations

Part A: United Nations Reform and Peacekeeping

Operations

Part B: General Provisions and Other International

Organizations

Title V: Foreign Policy

Part A: General Provisions

Part B: Spoils of War Act

Part C: Anti-Economic Discrimination Act

Part D: The Cambodian Genocide Justice Act

Part E: Middle East Peace Facilitation

Title VI: Peace Corps

Title VII: Arms Control

Part A: Arms Control and Nonproliferation Act of

1994

Part B: Amendments to the Arms

Export Control Act

Title VIII: Nuclear Proliferation Prevention Act

Part A: Reporting on Nuclear Exports

Part B: Sanctions for Nuclear Proliferation

Part C: International Atomic Energy Agency

Part D: Termination

Title IX: Commission on Protecting and Reducing

Government Secrecy

Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 - Title I: Department of State and Related Agencies - Part A: Authorization of Appropriations - Authorizes appropriations for the Department of State for FY 1994 and 1995 for the administration of foreign affairs.

(Sec. 102) Authorizes appropriations for FY 1994 and 1995 for: (1) international organizations, programs, and conferences, including peacekeeping; (2) international commissions; (3) offsetting adverse fluctuations in foreign currency exchange rates; (4) migration and refugee assistance; (5) U.S. bilateral science and technology agreements; (6) the Asia Foundation; and (7) carrying out the Arms Control and Disarmament Act. Reduces funds for international organizations by a specified amount in such fiscal years unless the President certifies to the Speaker of the House and the President of the Senate that no United Nations agency or affiliated agency grants official status or recognition to any organization which promotes, condones, or seeks the legislation of pedophilia or which includes as a member any such organization.

Part B: Authorities and Activities - Establishes limits on the number of Foreign Service personnel in the Department of State, the U.S. Information Agency (USIA), and the Agency for International Development (AID).

(Sec. 123) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary of State to procure the services of experts for use in prosecuting a proceeding before an international tribunal or a claim by or against a foreign entity. Establishes an International Litigation Fund for meeting expenses related to such proceedings.

(Sec. 128) Directs the Secretary, together with other specified officials, to report to specified congressional committees on the feasibility of consolidating domestic administrative operations for the Department of State, AID, the Arms Control and Disarmament Agency, and USIA.

(Sec. 130) Requires the Secretary to report to specified congressional committees on steps to enhance the security and physical safety of U.S. diplomatic personnel in Sarajevo, Bosnia-Hercegovina.

(Sec. 135) Establishes a Capital Investment Fund in the Department of State to provide for the procurement of information technology and other related capital investments.

(Sec. 136) Authorizes the Secretary to charge fees to cover commercial services provided by the Department of State to persons abroad.

(Sec. 140) Directs the Secretary to implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capacilities.

Establishes procedures for the processing of visas for admission into the United States and considers failure to follow such procedures as a negative factor in annual performance evaluations of consular officers.

Part C: Department of State Organization - Amends the State Department Basic Authorities Act of 1956 to revise the organization of the Department of State and eliminate specified official positions. Establishes: (1) an Assistant Secretary of State for Democracy, Human Rights, and Labor; and (2) an Office of the Coordinator for Counterterrorism.

(Sec. 161) Prohibits the obligation of expenditure of funds made available under this Act for FY 1995 unless the Secretary has established an ambassadorial-rank position of Deputy Assistant Secretary for Burdensharing.

Part D: Personnel - Subpart 1: General Provisions - Permits the Secretary, if exceptional circumstances so warrant, to waive a limitation on claims for losses incurred by Government personnel subject to a chief of mission in a foreign country in cases of emergency evacuation. Makes such waiver retroactive to claims made as of October 31, 1988.

(Sec. 173) Prohibits the Secretary from making performance payments for FY 1994 and 1995 for certain members of the Senior Foreign Service unless the Secretary makes awards or performance payments to other Federal employees. Applies such prohibition to USIA, AID, and the Arms Control and Disarmament Agency as well.

Amends the Foreign Service Act of 1980 to make such performance pay subject to specified limitations on payments under Federal civil service provisions.

(Sec. 175) Requires the Comptroller General to conduct a classification audit of all Senior Foreign Service positions in Washington, D.C., assigned to the Department of State, AID, and USIA and to review the methods of classification of such positions.

(Sec. 178) Directs the Secretary, during FY 1994 and 1995, to appoint to the Foreign Service qualified women and minority applicants who are participants in specified priority placement or referral programs.

(Sec. 179) Authorizes certain Foreign Service members to participate in the Office of Personnel Management's Interagency Placement programs.

(Sec. 180) Amends the Foreign Service Act of 1980 to revise provisions governing the employment of family members of Government employees. Permits family members to be hired in positions customarily filled by Foreign Service officers and personnel and foreign national employees. Sets forth compensation rates for family and non-family members. Requires the Secretary to establish compensation plans for foreign national employees and non-family members.

(Sec. 181) Authorizes the Secretary to conduct reductions in force and prescribe regulations for the separation of members of the Foreign Service holding career or career candidate appointments. Sets forth employee grievance procedures.

Subpart 2: Foreign Language Competence Within the Foreign Service - Directs the Secretary to promulgate regulations concerning foreign language competence within the Foreign Service and to establish hiring preferences for officer candidates with foreign language competency.

(Sec. 192) Declares that the Secretary should appoint a Foreign Language Resources Coordinator to coordinate Federal foreign language resource efforts.

(Sec. 193) Authorizes the Secreary to charge a fee for providing other Federal agencies with foreign language translation and interpretation services.

Title II: United States Informational, Educational, and Cultural Programs - Part A: Authorization of Appropriations - Authorizes appropriations for FY 1994 and 1995 to carry out specified international information activities and educational and cultural exchange programs.

Part B: USIA and Related Agencies Authorities and Activities - Requires the USIA Director to seek to establish an office in Lhasa, Tibet.

(Sec. 224) Amends the United States Information and Educational Exchange Act of 1948 to establish a Buying Power Maintenance Account for USIA to offset fluctuations in foreign currency exchange rates or changes in overseas wages and prices.

(Sec. 235) Permits the USIA Director to establish collections at university libraries abroad to further the study of the United States.

(Sec. 236) Provides for USIA educational and cultural exchanges with Tibet.

(Sec. 237) Establishes scholarship and exchange programs.

(Sec. 242) Requires the President, in carrying out certain authorities of the Mutual Educational and Cultural Exchange Act of 1961, to promote activities involving disability-related matters.

Part C: Mike Mansfield Fellowships - Mike Mansfield Fellowship Act - Establishes the Mike Mansfield Fellowship Program to provide for fellowships to eligible Federal employees to: (1) study the Japanese language and political economy; and (2) serve in an agency of the Government of Japan or, subject to Center approval, a nongovernmental Japanese institution associated with the interests of the fellow and the agency from which the fellow originated.

Title III: United States International Broadcasting Act - United States International Broadcasting Act of 1994 - Sets forth standards for U.S. international broadcasting.

(Sec. 304) Establishes a Broadcasting Board of Governors (Board) within USIA.

(Sec. 305) Sets forth the authorities of the Board, including to: (1) direct and supervise all broadcasting activities conducted pursuant to this title, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act; and (2) review the mission and operation of such activities within the context of U.S. foreign policy objectives.

(Sec. 307) Establishes an International Broadcasting Bureau within USIA to carry out all nonmilitary international broadcasting activities supported by the Government other than Radio Free Europe/Radio Liberty (RFE/RL) and Radio Free Asia.

(Sec. 308) Authorizes annual grants to RFE/RL subject to certain conditions.

Requires the Board to submit a report to the Congress that contains a justification of the classification of personnel employed by RFE/RL.

(Sec. 309) Authorizes annual grants for radio broadcasting to China, Burma (a.k.a. Myanmar), Cambodia, Laos, North Korea, Tibet, and Vietnam. Designates such service as Radio Free Asia. Requires the submission of an operation plan for Radio Free Asia and a certification that the service can operate within funding limitations prior to receiving a grant. Discontinues grants for Radio Free Asia after September 30, 1998, unless the President determines that continuation of the service for one additional year is in the U.S. interest.

(Sec. 310) Authorizes the President to transfer all authorities of the Board for International Broadcasting to USIA, the Board, or the Bureau to implement this title.

Repeals the Board for International Broadcasting Act of 1973.

(Sec. 312) Expresses the sense of the Congress that the funding of RFE/RL should be assumed by the private sector by December 31, 1999.

Title IV: International Organizations - Part A: United Nations Reform and Peacekeeping Operations - Withholds ten percent of funds authorized for U.S. contributions to the United Nations in FY 1994 (20 percent in FY 1995 and 50 percent, per fiscal year, of certain supplemental peacekeeping contributions) until the President certifies to the Congress that the United Nations has fulfilled certain requirements concerning the establishment of an Office of Inspector General.

(Sec. 402) Expresses the sense of the Congress that U.S. nationals should have equitable representation at senior management levels in the United Nations.

(Sec. 403) Expresses the sense of the Senate that beginning October 1, 1995, funds made available to the Department of Defense shall be available for the following activities only to the extent that the Congress has approved funds: (1) U.S. assessed or voluntary contributions for United Nations peacekeeping operations; or (2) the unreimbursable incremental costs associated with the participation of the armed forces in such operations (other than operations necessary to protect American lives or national interests).

(Sec. 404) Limits U.S. contributions for United Nations peacekeeping operations to a maximum of 30.4 percent of the total of all contributions for such operations in FY 1994 and 1995 (25 percent of such total for subsequent fiscal years).

(Sec. 407) Sets forth requirements for presidential consultation with the Congress on United Nations peacekeeping operations and reports on U.S. assistance to such operations.

(Sec. 408) Amends the Foreign Assistance Act of 1961 to authorize the President, subject to certain limitations, to transfer excess defense articles to international and regional organizations of which the United States is a member to support international peacekeeping and security operations. Credits the value of such articles against U.S. contributions to such organizations.

(Sec. 409) Permits the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decisionmaking procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors.

(Sec. 410) Prohibits U.S. contributions to any affiliated organization of the United Nations or to the United Nations if they grant full membership as a state to a group that does not have internationally recognized attributes of statehood.

(Sec. 414) Expresses the sense of the Congress with respect to adherence to the United Nations Charter.

Part B: General Provisions and Other International Organizations - Permits the President to bring into force the Agreement on State and Local Taxation of Foreign Employees of Public International Organizations.

(Sec. 424) Authorizes the President to maintain membership in the Asian-Pacific Economic Cooperation organization.

(Sec. 428) Prohibits funds authorized by this Act to be used for contributions to the International Coffee or Jute Organizations.

(Sec. 430) Amends the Migration and Refugee Assistance Act of 1962 to raise the ceiling on the amount of funds authorized to be appropriated for the Emergency Refugee Migration and Assistance Fund.

(Sec. 431) Amends the Foreign Assistance Act of 1961 to withhold the U.S. share of international organization programs for Burma, Iraq, North Korea, and Syria. Makes such withholding inapplicable for International Atomic Energy Agency (IAEA) or United Nations Children's Fund programs.

Prohibits U.S. contributions to the United Nations Development Program for programs for Burma. Releases specified amounts of funds if the President makes a certification to the Congress regarding human rights in Burma.

Title V: Foreign Policy - Part A: General Provisions - Sets forth U.S. policy on providing assistance for, and protecting, refugee women and children.

(Sec. 502) Reduces the amount authorized to be appropriated annually for the Mexico-United States Interparliamentary Group. Increases the amount authorized for the Canada-United States Interparliamentary Group.

(Sec. 503) Declares that the United States should promote increased respect internationally for the rights to food and medical care.

(Sec. 504) Expresses the sense of the Congress with respect to: (1) full reporting to the United Nations Register of Conventional Arms; and (2) restarting "Perm-5" talks of the United Nations Security Council and the effects of U.S. agreements since October 1991 to sell arms to the developing world.

(Sec. 506) Amends the Federal criminal code to establish penalties for committing, or attempting to commit, torture outside the United States.

(Sec. 507) Sets forth U.S. policy on Iraq and Iraqi Kurdistan.

(Sec. 509) Authorizes the President to transfer certain obsolete or surplus defense articles to South Korea in return for concessions (including cash, compensation, waiver of charges otherwise payable by the United States) negotiated by the Secretary of Defense.

(Sec. 510) Extends the authorities of the Fair Trade in Auto Parts Act of 1988 through 1998.

(Sec. 511) Directs the President to submit a report containing a detailed accounting analysis and justification for all expenditures made from foreign governments' assets that have been frozen or blocked by the U.S. Government.

(Sec. 513) Expresses the sense of the Senate that the President should press for further progress towards meeting the standards for continuation of most-favored-nation status for China as contained in the May 1993 Executive Order.

(Sec. 515) Sets forth U.S. policy toward Burma, Cambodia, Laos, and Thailand.

(Sec. 517) Sets forth U.S. policy with respect to the establishment of an international criminal court.

(Sec. 518) Declares that the Senate will not consent to the ratification of a treaty providing for U.S. participation in an international criminal court: (1) if it permits representatives of any terrorist organization, including the Palestine Liberation Organization (PLO), or citizens or residents of countries listed under the Export Administration Act of 1979 as supporters of international terrorism to sit in judgment on American citizens; or (2) unless American citizens are guaranteed that the court will take no action infringing upon or diminishing their rights under the First and Fourth Amendments of the Constitution.

(Sec. 520) Expresses the sense of the Congress that the President should terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina upon receipt from that government of a request for assistance in exercising its right of self-defense under Article 51 of the United Nations Charter. Declares that the President should provide appropriate military assistance to such government upon receipt of such request.

(Sec. 521) Expresses the sense of the Senate with respect to normalization of relations with Vietnam and the resolution of the POW/MIA issue.

(Sec. 522) Directs the President to report to the Congress on achieving the fullest possible accounting of U.S. personnel unaccounted for from the Vietnam War.

(Sec. 525) Expresses the sense of the Congress that the President should not restrict travel or certain exchanges between the United States and any other country.

Amends specified Federal laws to permit the exchange of certain information with citizens in countries subject to U.S. export restrictions or embargoes.

(Sec. 526) Expresses the sense of the Congress that the President should seek a mandatory international United Nations Security Council embargo against Cuba.

(Sec. 527) Bars specified foreign assistance for a country whose government has nationalized or expropriated the property of, nullified a contract with, or taken other similar actions with respect to, a U.S. person and has not, within three years (or, within three years of the installation of a democratic government), returned the property, provided adequate compensation, offered a procedure for providing such compensation, or submitted the dispute to arbitration under a mutually agreeable international arbitration procedure.

Directs the President to instruct the U.S. executive directors of international financial institutions to oppose assistance to such countries.

(Sec. 528) Requires the President to report to the Congress on the activities of the Russian Federation's armed forces.

(Sec. 529) Sets forth U.S. policy on North Korea.

(Sec. 530) Bars assistance under the Foreign Assistance Act of 1961 to any non-nuclear weapon state that has terminated, abrogated, or materially violated an IAEA full-scope safeguard agreement or a bilateral U.S. nuclear cooperation agreement entered into after the date of enactment of the Nuclear Non-Proliferation Act of 1978. Permits a presidential waiver of such prohibition under certain conditions.

(Sec. 532) Authorizes the President to exempt U.S.-supported activities involving electoral reform or the development of democracy from sanctions imposed against the Federal Republic of Yugoslavia.

(Sec. 533) Exempts from disclosure under the Freedom of Information Act certain non-public data collected by sensors during observation flights conducted in connection with the Treaty on Open Skies.

(Sec. 534) Requires the President to report to specified congressional committees on a streamlined, cost-effective organization of U.S. democracy assistance.

(Sec. 535) Expresses the sense of the Congress that U.S. citizens who were victims of crimes against humanity committed by the German Government from 1939 to 1945 should be compensated by Germany.

Part B: Spoils of War Act - Spoils of War Act of 1994 - Permits spoils of war in the possession or control of the United States to be transferred to any other party only to the extent and in the same manner that property of the same type, if otherwise owned by the United States, may be so transferred. Prohibits spoils of war from being transferred to any nation whose government has repeatedly provided support for acts of international terrorism.

Part C: Anti-Economic Discrimination Act - Anti-Economic Discrimination Act of 1994 - Expresses the sense of the Congress that the Secretary of State should make the issue of Israel's diplomatic status a priority and urges countries that receive U.S. assistance to establish full diplomatic relations with Israel.

(Sec. 564) Prohibits the sale or lease of defense articles or services by the U.S. Government to any country or international organization that is known to have sent letters to U.S. firms requesting compliance with, or soliciting information regarding compliance with, the primary or secondary Arab League boycott unless the President certifies to the appropriate congressional committees that the country or organization does not currently maintain such a policy or practice.

Authorizes the President to waive such prohibition for one year if the waiver is: (1) in the national interest and will promote objectives to eliminate the Arab boycott; or (2) in the national security interest. Provides for extensions of waivers upon notification of the appropriate congressional committees.

(Sec. 565) Prohibits the Department of State from entering into any contract that expends funds for an amount in excess of the small purchase threshold with: (1) any foreign person who complies with the Arab League boycott of Israel; or (2) any foreign or U.S. person who discriminates in the award of subcontracts on the basis of religion. Provides for waivers of such prohibition in the national interest. Applies this section to USIA as well.

Part D: The Cambodian Genocide Justice Act - Cambodian Genocide Justice Act - Urges the President to collect information on genocide in Cambodia and to encourage the establishment of a national or international tribunal for the prosecution of those accused of such genocide.

(Sec. 573) Bars the obligation or expenditure of funds for diplomatic and consular programs for FY 1994 and 1995 unless the Secretary of State establishes the Office of Cambodian Genocide Investigation.

Part E: Middle East Peace Facilitation - Middle East Peace Facilitation Act of 1994 - Grants the President, effective July 1, 1994, the authority to suspend specified provisions of law which prohibit foreign and United Nations assistance to the PLO, the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; and (2) the PLO continues to abide by commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993. Makes such suspensions effective for up to six months and continues a suspension for an additional six months until July 1, 1995, if the President makes such certification.

Title VI: Peace Corps - Authorizes appropriations for FY 1994 and 1995 to carry out the Peace Corps Act.

(Sec. 602) Amends the Peace Corps Act to extend certain contract authority from three to five years.

Title VII: Arms Control - Part A: Arms Control and Nonproliferation Act of 1994 - Arms Control and Nonproliferation Act of 1994 - Amends the Arms Control and Disarmament Act to grant the Director of the U.S. Arms Control and Disarmament Agency primary responsibility, as directed by the President, for matters relating to nonproliferation.

(Sec. 710) Grants the Director primary responsibility for the preparation and management of U.S. participation in: (1) all international negotiations and implementation fora in arms control and disarmament; and (2) as directed by the President, negotiations and fora in nonproliferation.

(Sec. 711) Directs the President to report to the Congress on procedures established for the coordination of Federal research and development on arms control and disarmament.

(Sec. 713) Requires the Director to establish and maintain records for each arms control, nonproliferation, and disarmament agreement to which the United States is a party and which was under negotiation or in force on or after January 1, 1990.

(Sec. 714) Amends the Arms Export Control Act to provide for participation of the Director in specified arms export and licensing activities. Permits proposed arms sales under the Arms Export Control Act only after consultation with the Director.

(Sec. 717) Requires the Director to report annually on world military expenditures and arms transfers.

Part B: Amendments to the Arms Export Control Act - Requires, as an additional condition on certain authorities to transfer or lease excess defense articles, that the President first consider the effects of a transfer on the national technology and industrial base.

(Sec. 734) Amends the Arms Export Control Act to prohibit U.S. suppliers of defense articles or services, with respect to sales of such articles or services, from making incentive payments to satisfy any offset agreement with a country. Defines an "offset agreement" as an agreement under which the supplier agrees to purchase goods from the country in consideration for the country's purchase of defense articles or services.

Title VIII: Nuclear Proliferation Prevention Act - Nuclear Proliferation Prevention Act of 1994 - Part A: Reporting on Nuclear Exports - Amends the Nuclear Non-Proliferation Act of 1978 to revise requirements of the President's annual report on Government efforts to prevent nucler proliferation.

Part B: Sanctions for Nuclear Proliferation - Requires the President to prohibit the procurement of goods or services from any foreign or U.S. person who has materially and with requisite knowledge contributed, through the exports of goods or technology, to the efforts by any individual, group, or non-nuclear weapon state to acquire unsafeguarded special nuclear material or to use, develop, stockpile, or acquire any nuclear explosive device.

(Sec. 821) Requires the President to impose sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a foreign person in such activities.

Exempts certain products or services from sanctions, including essential defense articles and services, products and services provided under existing contracts, essential technology or information, and humanitarian items.

Applies sanctions for at least 12 months and terminates sanctions only if the President certifies to the Congress that a person has ceased to, and will not in the future, aid in such prohibited activities.

Grants the President waiver authority with respect to such sanctions.

(Sec. 822) Amends the Arms Export Control Act to prohibit sales or leases of defense articles or services to any country that is in breach of its commitments to the United States under international agreements concerning nuclear nonproliferation.

(Sec. 823) Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified international institutions to oppose any use of funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of nuclear explosive devices by non-nuclear weapon states.

(Sec. 824) Imposes specified sanctions on persons who assist in nuclear proliferation through financing activities. Includes within such sanctions: (1) prohibitions on designating such individuals as depositaries for Government funds or as primary dealers in Goverment debt instruments; and (2) restrictions on certain business activities.

(Sec. 825) Amends the Export-Import Bank Act to prohibit Export-Import Bank assistance to any country that has aided or abetted a non-nuclear weapon state in acquiring a nuclear explosive device or unsafeguarded nuclear material.

(Sec. 826) Amends the Arms Export Control Act to incorporate provisions similar to those under the Foreign Assistance Act of 1961 that prohibit specified assistance to countries engaging in certain nuclear transfers, detonations, or illegal exports. Includes within the list of activities that makes a country subject to sanctions the transfer or receipt (by a non-nuclear weapon state) of design information or components important for the development of a nuclear explosive device.

Part C: International Atomic Energy Agency - Expresses the sense of the Congress that the United States should negotiate with other nations to achieve specified nuclear nonproliferation and safeguard objectives to enhance confidence in IAEA safeguards and halt nuclear proliferation.

(Sec. 842) Urges the President to negotiate with other nations to promote the early adoption of reforms in the implementation of IAEA safeguards.

Part D: Termination - Terminates the authority of parts A and B of this title upon enactment of the next foreign relations authorization Act.

Title IX: Commission on Protecting and Reducing Government Secrecy - Protection and Reduction of Government Secrecy Act - Establishes a Commission on Protecting and Reducing Government Secrecy to make recommendations: (1) to reduce the volume of information classified and to strengthen the classification of legitimately classified information; and (2) concerning current procedures relating to the granting of security clearances.