§ 2669. Printing and binding outside continental United States; settlement and payment of claims by foreign governments; employment of aliens; official functions and courtesies; purchase of uniforms; payment of tort claims; payment of assumed obligations in Germany; telecommunications services; security; special purpose passenger motor vehicles; pay obligations arising under international conventions or contracts; personal service contracts

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1956

   Pub. L. 84–841 · 70 Stat. 725

   Enacted · 22 U.S.C. § 2669

   Aug. 1, 1956, ch. 841, title I, § 2, 70 Stat. 890

   Source evidence

   Code source credit
   Aug. 1, 1956, ch. 841, title I, § 2, 70 Stat. 890

2. 1960

   Hawaii Omnibus Act

   Pub. L. 86–624 § 2 · 74 Stat. 411

   Substituted · 22 U.S.C. § 2669(a)

   Pub. L. 86–624 substituted “the States of the United States and the District of Columbia” for “the continental United States”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 86–624 substituted “the States of the United States and the District of Columbia” for “the continental United States”.

   Enacted provision · exact public law section
   Sec. 2. printing outside united states Subsection (a) of section 2 of the Act of August 1, 1956 (70 Stat. 890), is amended by striking out the words “the continental 5 USC 170g. United States” and inserting in lieu thereof the words “the States of the United States and the District of Columbia”.

3. 1960

   Overseas Differentials and Allowances Act

   Pub. L. 86–707 title V § 511(a)(2) · 74 Stat. 792

   Repealed · 22 U.S.C. § 2669(b)

   Pub. L. 86–707 repealed subsec. (b) which authorized the Secretary to pay the cost of transportation to and from a place of storage and the cost of storing the furniture and household and personal effects of an employee who is assigned to a post at which he is unable to use his furniture and effects, and is now covered by section 1136(4) of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–707 repealed subsec. (b) which authorized the Secretary to pay the cost of transportation to and from a place of storage and the cost of storing the furniture and household and personal effects of an employee who is assigned to a post at which he is unable to use his furniture and effects, and is now covered by section 1136(4) of this title.

   Enacted provision · exact public law section
   (2) Sections 2(b), 13, and 14 of the Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956 (70 Stat. 890, 892; Public Law 885, Eighty-fourth Congress; 5 U.S.C. 170g(b), 170r, and 170s); and

4. 1962

   Foreign Assistance Act of 1962

   Pub. L. 87–565 · 76 Stat. 255

   Repealed · 22 U.S.C. § 2669(b)

   Pub. L. 87–565 added subsec. (b). A prior subsec. (b) was repealed by section 511(a)(2) of Pub. L. 86–707

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 87–565 added subsec. (b). A prior subsec. (b) was repealed by section 511(a)(2) of Pub. L. 86–707.

5. 1984

   1984 Act to Combat International Terrorism

   Pub. L. 98–533 § 303(a)(1) · 98 Stat. 2706

   Substituted · 22 U.S.C. § 2669(c)

   Pub. L. 98–533, § 303(a)(1), substituted “individuals or organizations” for “aliens” after “employ”, and “, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–533, § 303(a)(1), substituted “individuals or organizations” for “aliens” after “employ”, and “, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government”.

   Enacted provision · exact public law section
   (1) in paragraph (c)— (A) by striking out “aliens” and inserting in lieu thereof “individuals or organizations”, and (B) by inserting immediately before the semicolon at the end of the paragraph “, and individuals employed by contract to perform such services shall not by virtue of such employment be considered to be employees of the United States Government”; and

6. 1984

   1984 Act to Combat International Terrorism

   Pub. L. 98–533 § 303(a)(2) · 98 Stat. 2706

   Added · 22 U.S.C. § 2669(g); 22 U.S.C. § 2669(h)

   Pub. L. 98–533, § 303(a)(2), added subsecs. (g) and (h)

   Source evidence

   Code amendment note
   Subsecs. (g), (h). Pub. L. 98–533, § 303(a)(2), added subsecs. (g) and (h).

   Enacted provision · exact public law section
   (2) by striking out “and” at the end of paragraph (e), by striking out the period at the end of paragraph (f) and inserting in lieu thereof a semicolon, and by adding at the end of the section the following new paragraphs: “(g) obtain services as authorized by section 3109 of title 5, United States Code, at a rate not to exceed the maximum rate payable for GS–18 under section 5332 of such title 5; and “(h) directly procure goods and services in the United States or abroad, solely for use by United States Foreign Service posts abroad when the Secretary of State, in accordance with guidelines established in consultation with the Administrator of General Services, determines that use of the Federal Supply Service or otherwise applicable Federal goods and services ac-quisition authority would not meet emergency overseas security requirements determined necessary by the Secretary, taking into account overseas delivery, installation, maintenance, or replacement requirements, except that the authority granted by this paragraph shall cease to be effective when the amendment made by section 2711 of the Competition in Contracting Act of 1984 takes effect and thereafter procurement by the Secretary Ante, p. 1175. of State for the purposes described in this paragraph shall be in accordance with section 303(c)(2) of the Federal Property and Administrative Services Act of 1949.”. 41 USC 253. 22 USC 2678.

7. 1985

   Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

   Pub. L. 99–93 § 114 · 99 Stat. 405

   Substituted · 22 U.S.C. § 2669

   Pub. L. 99–93, § 114, in provision preceding subsec. (a) substituted “may use funds appropriated or otherwise available to the Secretary to” for “, when funds are appropriated therefor, may”

   Source evidence

   Code amendment note
   Pub. L. 99–93, § 114, in provision preceding subsec. (a) substituted “may use funds appropriated or otherwise available to the Secretary to” for “, when funds are appropriated therefor, may”.

   Enacted provision · exact public law section
   SEC. 114. AUTHORIZED USES OF APPROPRIATED FUNDS. Section 2 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669) is amended in the text preceding paragraph (a) by striking out “, when funds are appropriated therefor, may” and inserting in lieu thereof “may use funds appropriated or otherwise available to the Secretary to”.

8. 1985

   Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

   Pub. L. 99–93 § 118(a) · 99 Stat. 405

   Inserted · 22 U.S.C. § 2669(c)

   Pub. L. 99–93, § 118(a), inserted “for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–93, § 118(a), inserted “for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad)”.

   Enacted provision · exact public law section
   (a) Authority.— Section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting before the semicolon “for purposes of any law administered by the Office of Personnel Management (except that the Secretary may determine the applicability to such individuals of subsection (f) and of any other law administered by the Secretary concerning the employment of such individuals abroad)”.

9. 1990

   Foreign Relations Authorization Act, Fiscal Years 1990 and 1991

   Pub. L. 101–246 title I § 111 · 104 Stat. 15

   Added · 22 U.S.C. § 2669(i)(k)

   Pub. L. 101–246 added subsecs. (i) to (k)

   Source evidence

   Code amendment note
   Subsecs. (i) to (k). Pub. L. 101–246 added subsecs. (i) to (k).

   Enacted provision · exact public law section
   SEC. 111. AUTHORIZATION OF CERTAIN OPERATIONAL ACTIVITIES. Section 2 of the State Department Basic Authorities Act (22 U.S.C. 2669) is amended— (1) in subsection (g), by striking out “and” at the end thereof; (2) in subsection (h), by striking out the period at the end thereof and inserting in lieu thereof a semicolon; and (3) by inserting after subsection (h) the following new subsections: “(i) pay obligations assumed in Germany on or after June 5, 1945; “(j) provide telecommunications services; and “(k) provide maximum physical security in Government-owned and leased properties and vehicles abroad.”.

10. 1991

    Foreign Relations Persian Gulf Conflict Emergency Supplemental Authorization Act, Fiscal Year 1991

    Pub. L. 102–20 § 4 · 105 Stat. 68

    Added · 22 U.S.C. § 2669(l)

    Pub. L. 102–20 added subsec. (l) relating to purchase of special purpose passenger motor vehicles

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–20 added subsec. (l) relating to purchase of special purpose passenger motor vehicles.

    Enacted provision · exact public law section
    SEC. 4. SPECIAL PURPOSE PASSENGER MOTOR VEHICLES. Section 2 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669) is amended— (1) in subsection (j) by striking “and”; (2) in subsection (k) by striking the period and inserting “; and”; and (3) by adding after subsection (k) the following new subsection: “(1) purchase special purpose passenger motor vehicles without regard to any price limitation otherwise established by law.”.

11. 1991

    Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

    Pub. L. 102–138 title I § 120 · 105 Stat. 647

    Added · 22 U.S.C. § 2669(l)

    Pub. L. 102–138 added subsec. (l) relating to paying obligations arising under international agreements, conventions, and binational contracts

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 102–138 added subsec. (l) relating to paying obligations arising under international agreements, conventions, and binational contracts.

    Enacted provision · exact public law section
    SEC. 120. AVAILABILITY OF FUNDS. Section 2 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669) is amended— (1) in subsection (j), by striking out “and”; (2) in subsection (k), by striking out the period and inserting in lieu thereof “; and”; and (3) by adding after subsection (k) the following new subsection: “(l) pay obligations arising under international agreements, conventions, and binational contracts to the extent otherwise authorized by law.”.

12. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 title I · 108 Stat. 382

    Inserted · 22 U.S.C. § 2669(c)

    Pub. L. 103–236, §§ 137, 180(b), which identically directed amendment of subsec. (c) by inserting before the period “; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States”, were executed by making the insertion before the semicolon at end to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–236, §§ 137, 180(b), which identically directed amendment of subsec. (c) by inserting before the period “; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States”, were executed by making the insertion before the semicolon at end to reflect the probable intent of Congress.

    Enacted provision · exact public law
    TITLE I— DEPARTMENT OF STATE AND RELATED AGENCIES PART A— AUTHORIZATION OF APPROPRIATIONS SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. (a) In General.— The following amounts are authorized to be appropriated for the Department of State under “Administration of Foreign Affairs” to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law, including the diplomatic security program: (1) Diplomatic and consular programs.— For “Diplomatic and Consular Programs”, of the Department of State $1,704,589,000 for the fiscal year 1994 and $1,781,139,000 for the fiscal year 1995. (2) Salaries and expenses.— For “Salaries and Expenses”, of the Department of State $396,722,000 for the fiscal year 1994 and $391,373,000 for the fiscal year 1995. (3) Acquisition and maintenance of buildings abroad.— For “Acquisition and Maintenance of Buildings Abroad”, $381,481,000 for the fiscal year 1994 and $309,760,000 for the fiscal year 1995. (4) Representation allowances.— For “Representation Allowances”, $4,780,000 for the fiscal year 1994 and $4,780,000 for the fiscal year 1995. (5) Emergencies in the diplomatic and consular service.— For “Emergencies in the Diplomatic and Consular Service”, $7,805,000 for the fiscal 1994 and $6,500,000 for the fiscal year 1995. (6) Office of the inspector general.— For “Office of the Inspector General”, $23,469,000 for the fiscal year 1994 and $23,798,000 for the fiscal year 1995. (7) Payment to the American institute in Taiwan.— For Payment to the American Institute in Taiwan”, $15,165,000 for the fiscal year 1994 and $15,465,000 for the fiscal year 1995. (8) Protection of foreign missions and officials.— For “Protection of Foreign Missions and Officials”, $10,551,000 for the fiscal year 1994 and $10,079,000 for the fiscal year 1995. (9) Repatriation loans.— For “Repatriation Loans”, $776,000 for the fiscal year 1994 and $776,000 for the fiscal year 1995, for administrative expenses. (b) Limitations.— (1) Of the amounts authorized to be appropriated for “Salaries and Expenses” under subsection (a)(2) $500,000 is authorized to be appropriated for the fiscal year 1994 and $500,000 for the fiscal year 1995 for the Department of State for the recruitment of Hispanic American students from United States institutions of higher education with a high percentage enrollment of Hispanic Americans and for the training of Hispanic Americans for careers in the Foreign Service and in international affairs. (2) Of the amounts authorized to be appropriated for “Diplomatic and Consular Programs” under subsection (a)(1)— (A) $5,000,000 is authorized to be appropriated for each of the fiscal years 1994 and 1995 for grants, contracts, and other activities to conduct research and promote international cooperation on environmental and other scientific issues; (B) $11,500,000 is authorized to be available for fiscal year 1994 and $11,900,000 is authorized to be available for fiscal year 1995, only for administrative expenses of the bureau charged with carrying out the purposes of the Migration and Refugee Assistance Act of 1962; (C) $700,000 is authorized to be appropriated for each of the fiscal years 1994 and 1995 to carry out the activities of the Commission on Protecting and Reducing Government Secrecy established under title IX of this Act and such amounts under this subparagraph are authorized to remain available until expended; and (D) $400,000 is authorized to be appropriated for each of the fiscal years 1994 and 1995 to carry out the activities of the Office of Cambodian Genocide Investigations established under title 5 of this Act. (E) $2,000,000 is authorized to be appropriated for fiscal year 1995 for computer upgrades for the Bureau of Intelligence and Research. (3) Of the amounts authorized to be appropriated for “Acquisition and Maintenance of Buildings Abroad” under subsection (a)(3), $95,904,000 is authorized to be appropriated for the fiscal year 1994 and $114,825,000 is authorized to be appropriated for the fiscal year 1995 for Maintenance of Buildings and Facility Rehabilitation. (4) Of the amounts authorized to be appropriated for “Protection of Foreign Missions and Officials” in subsection (a)(8)— (A) $940,000 is authorized to be available to reimburse the City of Seattle and the State of Washington for security costs associated with the Asian Pacific Economic Cooperation conference held in Seattle in November 1993, on a one-time-only basis, and for purposes of obligation and expenditure of amounts under this subparagraph under Public Law 103–121 as reimbursement for extraordinary protective services under section 208 of title 3, United States Code, the limitations of section 202(10) of title 3, United States Code (concerning 20 or more consulates), shall not apply; and (B) $1,000,000 is authorized to be available for fiscal year 1995 to reimburse State and local government agencies for security costs associated with the Western Hemisphere summit scheduled to be held in Miami, Florida in December 1994. (c) Repeal.— Effective October 1, 1995, section 401(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public 22 USC 4851. Law 99–399) is repealed. SEC. 102. INTERNATIONAL ORGANIZATIONS, PROGRAMS, AND CONFERENCES. (a) Assessed Contributions to International Organizations.— There are authorized to be appropriated for “Contributions to International Organizations”, $865,885,000 for the fiscal year 1994 and $873,222,000 for the fiscal year 1995 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such purposes. (b) Assessed Contributions for International Peacekeeping Activities.— There are authorized to be appropriated for “Contributions for International Peacekeeping Activities”, $401,607,000 for the fiscal year 1994 and $510,204,000 for the fiscal year 1995 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes. (c) Peacekeeping Operations.— There are authorized to be appropriated for “Peacekeeping Operations”, $75,623,000 for the fiscal year 1994 and $75,000,000 for the fiscal year 1995 for the Department of State to carry out section 551 of Public Law 87195. (d) Supplemental Peacekeeping.— In addition to amounts authorized to be appropriated for such purpose by subsection (b), there are authorized to be appropriated $670,000,000 for “Assessed Contributions for International Peacekeeping Activities” for the period beginning on the date of enactment of this Act and ending September 30, 1995. (e) International Conferences and Contingencies.— There are authorized to be appropriated for “International Conferences and Contingencies”, $6,000,000 for the fiscal year 1994 and $6,000,000 for the fiscal year 1995 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international conferences and contingencies and to carry out other authorities in law consistent with such purposes. (f) Foreign Currency Exchange Rates.— In addition to amounts otherwise authorized to be appropriated by subsections (a) and (b) of this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 and 1995 to offset adverse fluctuations in foreign currency exchange rates. Amounts appropriated under this subsection shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies to Congress that such amounts are necessary due to such fluctuations. (g) Withholding of Funds.— Notwithstanding any other provision 22 USC 287e note. of law, the funds authorized to be appropriated for “Contributions for International Organizations” shall be reduced in the amount of $118,875,000 for each of the fiscal years 1994 and 1995, and for each year thereafter, unless the President certifies to the Speaker of the House of Representatives and the President of the Senate that no United States agency or United Nations affiliated agency grants any official status, accreditation, or recognition to any organization which promotes, condones, or seeks the legalization of pedophilia, or which includes as a subsidiary or member any such organization. SEC. 103. INTERNATIONAL COMMISSIONS. The following amounts are authorized to be appropriated under “International Commissions” for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law: (1) International boundary and water commission, united states and mexico.— For “International Boundary and Water Commission, United States and Mexico”— (A) for “Salaries and Expenses” $11,200,000 for the fiscal year 1994 and $15,358,000 for the fiscal year 1995; and (B) for “Construction” $14,400,000 for the fiscal year 1994 and $10,398,000 for the fiscal year 1995. (2) International boundary commission, united states and Canada.— For “International Boundary Commission, United States and Canada”, $740,000 for the fiscal year 1994 and $740,000 for the fiscal year 1995. (3) International joint commission.— For “International Joint Commission”, $3,550,000 for the fiscal year 1994 and $3,550,000 for the fiscal year 1995. (4) International fisheries commissions.— For “International Fisheries Commissions”, $16,200,000 for the fiscal year 1994 and $14,669,000 for the fiscal year 1995. SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. (a) Authorization of Appropriations.— (1) There are authorized to be appropriated for “Migration and Refugee Assistance” for authorized activities, $589,188,000 for the fiscal year 1994 and $592,000,000 for the fiscal year 1995. (2) There are authorized to be appropriated $80,000,000 for the fiscal year 1994 and $80,000,000 for the fiscal year 1995 for assistance for refugees resettling in Israel. (3) There are authorized to be appropriated $1,500,000 for the fiscal year 1994 and $1,500,000 for the fiscal year 1995 for humanitarian assistance, including but not limited to, food, medicine, clothing, and medical and vocational training to persons displaced as a result of civil conflict in Burma, including persons still within Burma. (b) Availability of Funds.— Funds appropriated pursuant to subsection (a) are authorized to be available until expended. SEC. 105. OTHER PROGRAMS. The following amounts are authorized to be appropriated for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law: (1) United states bilateral science and technology agreements.— For “United States Bilateral Science and Technology Agreements”, $4,275,000 for the fiscal year 1994. (2) Asia foundation.—For “Asia Foundation”, $16,000,000 for the fiscal year 1994 and $16,068,000 for the fiscal year 1995. SEC. 106. UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY. (a) Authorization of Appropriations.— There are authorized to be appropriated to carry out the purposes of the Arms Control and Disarmament Act— (1) $53,500,000 for the fiscal year 1994 and $59,292,000 for the fiscal year 1995; and (2) such sums as may be necessary for each of the fiscal years 1994 and 1995 for increases in salary, pay, retirement, other employee benefits authorized by law, and other non-discretionary costs, and to offset adverse fluctuations in foreign currency exchange rates. (b) Technical and Conforming Amendments.— Section 49 of the Arms Control and Disarmament Act (22 U.S.C. 2589) is amended— (1) by striking subsection (a); and (2) in the first sentence of subsection (b) by striking “pursuant to this section” and inserting “to carry out this Act”. PART B— AUTHORITIES AND ACTIVITIES SEC. 121. AUTHORIZED STRENGTH OF THE FOREIGN SERVICE. (a) End Fiscal Year1994 Levels.— The number of members of the Foreign Service authorized to be employed as of September 30, 1994— (1) for the Department of State, shall not exceed 9,100, of whom not more than 820 shall be members of the Senior Foreign Service; (2) for the United States Information Agency, shall not exceed 1,200, of whom not more than 175 shall be members of the Senior Foreign Service; and (3) for the Agency for International Development, not to exceed 1,850, of whom not more than 250 shall be members of the Senior Foreign Service. (b) End Fiscal Year1995 Levels.— The number of members of the Foreign Service authorized to be employed as of September 30, 1995— (1) for the Department of State, shall not exceed 9,100, of whom not more than 770 shall be members of the Senior Foreign Service; (2) for the United States Information Agency, not to exceed 1,200, of whom not more than 165 shall be members of the Senior Foreign Service; and (3) for the Agency for International Development, not to exceed 1,850, of whom not more than 240 shall be members of the Senior Foreign Service. (c) Definition.— For the purposes of this section, the term “members of the Foreign Service” is used within the meaning of such term under section 103 of the Foreign Service Act of 1980 (22 U.S.C 3903), except that such term does not include— (1) members of the Service under paragraphs (6) and (7) of such section; (2) members of the Service serving under temporary resident appointments abroad; (3) members of the Service employed on less than a full-time basis; (4) members of the Service subject to involuntary separation in cases in which such separation has been suspended pursuant to section 1106(8) of the Foreign Service Act of 1980; and (5) members of the Service serving under non-career limited appointments. (d) Waiver Authority.— (1) Subject to paragraph (2), the Secretary of State and the Director of the United States Information Agency may waive any limitation under subsection (a) or (b) which applies to the Department of State or the United States Information Agency, as the case may be, to the extent that such waiver is necessary to carry on the foreign affairs functions of the United States. (2) Not less than 15 days before any agency head implements a waiver under paragraph (1), such agency head shall notify the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such notice shall include an explanation of the circumstances and necessity for such waiver. SEC. 122. TRANSFERS AND REPROGRAMMINGS. (a) Amendments to Section 24 of the State Department Basic Authorities Act of 1956.— Section 24 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696) is amended— (1) in subsection (b)(7) by striking subparagraph (E); (2) in subsection (d)(1)— (A) by striking “the second” and inserting “either”; and (B) by striking “such second” and inserting “such”; (3) in subsection (d)(2) by amending the first sentence to read as follows: “Amounts appropriated for the ‘Diplomatic and Consular Programs’ account may not exceed by more than 5 percent the amount specifically authorized to be appropriated for such account for a fiscal year.”; and (4) by striking subsection (d)(4). (b) Diplomatic Construction Program.— Section 401 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851) is amended by striking subsections (c) and (h)(3). (c) Reprogramming.— Section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended in subsection (a)(7) by striking “$500,000” and inserting “$1,000,000”. SEC. 123. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND PROCEEDINGS. Section 38 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710) is amended by adding at the end the following new subsections: “(c) Procurement of Services.— The Secretary of State may use competitive procedures or procedures other than competitive procedures to procure the services of experts for use in preparing or prosecuting a proceeding before an international tribunal or a claim by or against a foreign government or other foreign entity, whether or not the expert is expected to testify, or to procure other support services for such proceedings or claims. The Secretary need not provide any written justification for the use of procedures other than competitive procedures when procuring such services under this subsection and need not furnish for publication in the Commerce Business Daily or otherwise any notice of solicitation or synopsis with respect to such procurement. “(d) International Litigation Fund.— “(1) Establishment.— In order to provide the Department of State with a dependable, flexible, and adequate source of funding for the expenses of the Department related to preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, there is established an International Litigation Fund (hereafter in this subsection referred to as the “ILF”). The ILF may be available without fiscal year limitation. Funds otherwise available to the Department for the purposes of this paragraph may be credited to the ILF. “(2) Reprogramming procedures.— Funds credited to the ILF shall be treated as a reprogramming of funds under section 34 and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings. This paragraph shall not apply to the transfer of funds under paragraph (3). “(3) Transfers of funds.— Funds received by the Department of State from another agency of the United States Government or pursuant to the Department of State Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C. 2661) to meet costs of preparing or prosecuting a proceeding before an international tribunal, or a claim by or against a foreign government or other foreign entity, shall be credited to the ILF. “(4) Use of funds.— Funds deposited in the ILF shall be available only for the purposes of paragraph (1).”. SEC. 124. CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD. Section 31 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2703) is amended in subsection (e) by striking “For the fiscal years 1992 and 1993, the” and inserting “The”. SEC. 125. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE. Section 4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671) is amended in subsection (c)— (1) by striking “and the Foreign Service”; and (2) by striking “an annual confidential” and inserting “a periodic”. SEC. 126. ROLE OF THE NATIONAL FOREIGN AFFAIRS TRAINING CENTER Chapter 7 of the Foreign Service Act of 1980 is amended— 22 USC 4021. (1) in the chapter title, by striking “Foreign Service Institute,”; (2) in section 701 (22 U.S.C. 4021)— (A) by striking the section title and inserting “Institution for Training.”; (B) in subsection (a)— (i) by striking the subsection heading and inserting “Institution or Center for Training”; (ii) by striking “the Foreign Service Institute (hereinafter in this chapter referred to as the ‘Institute’)” and inserting “an institution or center for training (hereinafter in this chapter referred to as the ‘institution’)”; and (iii) by striking “Institute” and inserting “institution”; and (C) by adding at the end the following new subsection: “(d) (1) The Secretary of State is authorized to provide for special professional foreign affairs training and instruction of employees of foreign governments through the institution. “(2) Training and instruction under paragraph (1) shall be on a reimbursable or advance-of-funds basis. Such reimbursements or advances to the Department of State may be provided by an agency of the United States Government or by a foreign government and shall be credited to the currently available applicable appropriation account. “(3) In making such training available to employees of foreign governments, priority consideration should be given to officials of newly emerging democratic nations and then to such other countries as the Secretary determines to be in the national interest of the United States. “(4) The authorities of section 704 shall apply to training and instruction provided under this section.”; and (3) in sections 701(b), 702, 704, 705, and 707, by striking “Foreign Service Institute” and “Institute” each place such terms appear and inserting “institution”. SEC. 127. CONSULAR AUTHORITIES. (a) Persons Authorized To Issue Passports Abroad.— The Act entitled “An Act to regulate the issue and validity of passports, and for other purposes”, approved July 3, 1926 (44 Stat. 887, 22 U.S.C. 211a) is amended by striking “by diplomatic representatives of the United States, and by such consul generals, consuls, or vice consuls when in charge,” and inserting “by diplomatic and consular officers of the United States, and by other employees of the Department of State who are citizens of the United States,”. (b) Notarial Authority.— The Act entitled “An Act to provide for the reorganization of the consular service of the United States”, approved April 5, 1906 (34 Stat. 100, 22 U.S.C. 4221) is amended 22 USC 4215. in section 7 by adding at the end “Pursuant to such regulations as the Secretary of State may prescribe, the Secretary may designate any other employee of the Department of State who is a citizen of the United States to perform any notarial function authorized to be performed by a consular officer of the United States under this Act.”. SEC. 128. REPORT ON CONSOLIDATION OF ADMINISTRATIVE OPERATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary of State, jointly with the Director of the United States Information Agency, the Director of the Arms Control and Disarmament Agency, and the Administrator of the Agency for International Development) shall submit, to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, a report concerning the feasibility of consolidating domestic administrative operations for the Department of State, the Agency for International Development, the Arms Control and Disarmament Agency and the United States Information Agency. Such report shall include specific recommendations for implementation. SEC. 129. FACILITATING ACCESS TO THE DEPARTMENT OF STATE BUILDING. (a) Procedures To Facilitate Access.— The Department of State shall maintain procedures to ensure that the members and staff of the congressional committees of jurisdiction are granted easy access to the Department of State in the conduct of their duties. (b) Parking.— The Department of State shall also make available adequate parking for members and staff of the congressional committees of jurisdiction in order to facilitate attendance of meetings at the Department of State. SEC. 130. REPORT ON SAFETY AND SECURITY OF UNITED STATES PERSONNEL IN SARAJEVO. Not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the steps taken to enhance the security and physical safety of United States diplomatic personnel in Sarajevo, Bosnia-Hercegovina. SEC. 131. PASSPORT SECURITY. (a) Sense of Congress.— The Congress strongly urges the Secretary of State to ensure that any new passport issuances should, to the maximum extent practicable— (1) be secure against counterfeiting, alteration, duplication, or simulation; (2) be easily verifiable with appropriate inspection by public officials and private and commercial personnel; and (3) contain only United States-sourced materials and technology. (b) Report to Congress.— Not later than 30 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives detailing actions taken by the Department of State to accomplish the goals set forth in subsection (a). SEC. 132. RECORD OF PLACE OF BIRTH FOR TAIWANESE AMERICANS. For purposes of the registration of birth or certification of nationality of a United States citizen born in Taiwan, the Secretary of State shall permit the place of birth to be recorded as Taiwan. SEC. 133. TERRORISM REWARDS AND REPORTS. (a) Rewards for Information on Acts of International Terrorism in the United States.— (1) State department basic authorities act of 1956.— Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended in subsection (a) by striking “and is primarily outside the territorial jurisdiction of the United States”. (2) Notwithstanding section 36(g) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708), in addition to amounts otherwise available the Department of State may expend not more than $4,000,000 in fiscal years 1994 and 1995 to pay rewards pursuant to section 36(a) of such Act. (b) Annual Reports on Terrorism.— (1) Section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 26560 is amended in subsection (b)(2)— (A) by striking “and” at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting “; and”; and (C) by adding at the end the following: “(E) efforts by the United States to eliminate international financial support provided to those groups directly or provided in support of their activities.”. (2) Section 304(a) of the Foreign Relations Authorization 22 USC 2656g. Act, Fiscal Years 1992 and 1993 (Public Law 102–138) is amended— (A) by striking “Treasury” and inserting “Treasury, in consultation with the Attorney General and appropriate investigative agencies,”; and (B) by inserting at the end “Each such report shall provide a detailed list and description of specific assets.”. SEC. 134. PROPERTY AGREEMENTS. Whenever the Department of State enters into lease-purchase agreements involving property in foreign countries pursuant to section 1 of the Foreign Service Buildings Act (22 U.S.C. 292), the Department shall account for such transactions in accordance with fiscal year obligations. SEC. 135. CAPITAL INVESTMENT FUND. (a) Establishment.— There is established within the Department of State a Capital Investment Fund to provide for the procurement of information technology and other related capital investments for the Department of State and to ensure the efficient management, coordination, operation, and utilization of such resources. (b) Funding.— Funds otherwise available for the purposes of subsection (a) may be deposited in such Fund. (c) Availability.— Amounts deposited into the Fund are authorized to remain available until expended. (d) Expenditures From the Fund.— Amounts deposited in the Fund shall be available for expenditure to procure capital equipment and information technology. (e) Reprogramming Procedures.— Funds credited to the Capital Investment Fund shall be treated as a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710) and shall not be available for obligation or expenditure except in compliance with the procedures applicable to such reprogrammings. SEC. 136. FEES FOR COMMERCIAL SERVICES. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669 et seq.) is amended by adding the following new section at the end: “SEC. 52. FEES FOR COMMERCIAL SERVICES. “(a) Authority To Charge Fee.— (1) Subject to paragraph (2), the Secretary of State is authorized to charge a fee to cover the actual or estimated cost of providing any person, firm or organization (other than agencies of the United States Government) with commercial services at posts abroad on matters within the authority of the Department of State. “(2) The authority of this section may be exercised only in countries where the Department of Commerce does not perform commercial services for which it collects fees. “(b) Use of Fees.— Funds collected under the authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of providing commercial services.”. SEC. 137. PERSONAL SERVICES CONTRACTS ABROAD. Section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting before the period “; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States”. SEC. 138. PUBLISHING INTERNATIONAL AGREEMENTS. Section 112a of title 1 of the United States Code is amended— (1) by inserting “(a)” immediately before “The Secretary of State”; and (2) by adding at the end the following new subsections: “(b) The Secretary of State may determine that publication of certain categories of agreements is not required, if the following criteria are met: “(1) such agreements are not treaties which have been brought into force for the United States after having received Senate advice and consent pursuant to section 2(2) of Article II of the Constitution of the United States; “(2) the public interest in such agreements is insufficient to justify their publication, because (A) as of the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, the agreements are no longer in force, (B) the agreements do not create private rights or duties, or establish standards intended to govern government action in the treatment of private individuals; (C) in view of the limited or specialized nature of the public interest in such agreements, such interest can adequately be satisfied by an alternative means; or (D) the public disclosure of the text of the agreement would, in the opinion of the President, be prejudicial to the national security of the United States; and “(3) copies of such agreements (other than those in paragraph (2)(D)), including certified copies where necessary for litigation or similar purposes, will be made available by the Department of State upon request. “(c) Any determination pursuant to subsection (b) shall be published Federal Register, publication. in the Federal Register.”. SEC. 139. REPEAL OF REPORTING REQUIREMENTS. The following provisions of law are repealed: (1) Section 37(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709), relating to firearms regulations for special agents. (2) Section 214(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4314), relating to extraordinary protective services to foreign missions. (3) Section 216(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4316(d)), relating to application of travel restrictions to personnel of certain countries and organizations. (4) Section 108 of the Foreign Relations Authorization Act, Fiscal Year 1978 (22 U.S.C. 2151n–1), relating to Americans incarcerated abroad. (5) Section 512(b)(2) of the Foreign Relations Authorization Act, Fiscal Year 1978 (22 U.S.C. 2428a(b)), relating to withdrawal of United States troops from Korea. (6) Section 412(b) of the Foreign Service Act of 1980 (22 U.S.C. 3972(b)), relating to special differentials for Foreign Service officers. (7) The second sentence of section 2207(c) of the Foreign Service Act of 1980 (22 U.S.C. 4171(c)), relating to foreign language competence requirements: exceptions. (8) The second sentence of section 103(b) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (22 U.S.C. 2656 note), relating to status of certain consulates to be reopened. (9) Section 9 of the Radio Broadcasting to Cuba Act (22 U.S.C. 1465g), relating to evaluation of Cuba service programming. (10) Section 130(c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 3982 note), relating to merger of Foreign Service Information Corps into the Foreign Service Corps. (11) Section 207(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 2460 note), relating to foreign travel financed from the United States Information Agency’s private sector program. (12) Section 120(d) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93), relating to Foreign Service associates pilot project. (13) Section 611 of the Foreign Relations Authorization 99 Stat. 412. Act, Fiscal Years 1986 and 1987 (22 U.S.C. 4711), relating to United States scholarship program for developing countries. (14) Section 812(c) of the Foreign Relations Authorization 22 USC 1928 note. Act, Fiscal Years 1986 and 1987 (Public Law 99–93), relating to Japan’s fulfillment of its common defense commitments. (15) Section 153(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 4301 note; Public Law 100–204), relating to United States-Soviet reciprocity in matters relating to embassies. (16) Section 1(5) of the joint resolution entitled “Joint resolution relating to NASA and the International Space Year”, 104 Stat. 384. approved July 31, 1990 (Public Law 101–339), relating to the international space year—1992. (17) Section 232 of the Conventional Forces in Europe 22 USC 2551 note. Treaty Implementation Act of 1991 (Public Law 102–228), relating to activities to reduce Soviet military threat. (18) Section 401(c) of the Conventional Forces in Europe Treaty Implementation Act of 1991 (22 U.S.C. 2551 note), relating to the Arms Control and Disarmament Agency’s revitalization report. (19) Section 708(c) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 287 note) relating to the protection of Tyre by UNIFIL. (20) Section 408(b) of the Omnibus Diplomatic Security 22 USC 4858. and Antiterrorism Act of 1986 (22 U.S.C. 2349aa) relating to perimeter security at United States embassies and consulates abroad. (21) Section 162(d) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 287(e)) relating to contributions to and procedures of the United Nations. (22) Section 531(i) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (22 U.S.C. 2370 note) relating to El Salvador. (23) Section 724 of the International Security Development Cooperation Act of 1981 (22 U.S.C. 2384) relating to assistance to Nicaragua. (24) Section 201(f) of the Fishery Conservation and Management Act, 1976 (16 U.S.C. 1821(f)) relating to assistance allocation of United States fish stock surplus. (25) The second sentence of section 2207(c) of the Foreign Service Act of 1980 (22 U.S.C. 4171) relating to foreign language competence. (26) Section 209A(b)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4309a) relating to United States responsibility for employees of the United Nations. (27) Section 117 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287(b) note) relating 22 USC 287b note. to policies pursued by other countries in the United Nations. SEC. 140. VISAS. (a) Surcharge for Processing Certain Visas.— (1) Notwithstanding any other provision of law, the Secretary of State is authorized to charge a fee or surcharge for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas. (2) Fees collected under the authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation, to recover the costs of providing consular services. Such fees shall remain available for obligation until expended. (3) For fiscal years 1994 and 1995, fees deposited under the authority of paragraph (2) may not exceed a total of $107,500,000. For subsequent fiscal years, fees may be collected under the authority of paragraph (1) only in such amounts as shall be prescribed in subsequent authorization Acts. (4) The provisions of the Act of August 18, 1856 (Revised Statutes 1726–28; 22 U.S.C. 4212–14), concerning accounting for consular fees shall not apply to fees collected under this subsection. (5) No fee or surcharge authorized under paragraph (1) may be charged to a citizen of a country that is a signatory as of the date of enactment of this Act to the North American Free Trade Agreement, except that the Secretary of State may charge such fee or surcharge to a citizen of such a country if the Secretary determines that such country charges a visa application or issuance fee to citizens of the United States. (b) Automated Visa Lookout System.— Not later than 18 8 USC 1182 note. months after the date of the enactment of this Act, the Secretary of State shall implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities. (c) Processing of Visas for Admission to the United States.— (1) (A) Beginning 24 months after the date of the enactment of this Act, whenever a United States consular officer issues a visa for admission to the United States, that official shall certify, in writing, that a check of the Automated Visa Lookout System, or any other system or list which maintains information about the excludability of aliens under the Immigration and Nationality Act, has been made and that there is no basis under such system for the exclusion of such alien. (B) If, at the time an alien applies for an immigrant or nonimmigrant visa, the alien’s name is included in the Department of State’s visa lookout system and the consular officer to whom the application is made fails to follow the procedures in processing the application required by the inclusion of the alien’s name in such system, the consular officer’s failure shall be made a matter of record and shall be considered as a serious negative factor in the officer’s annual performance evaluation. (2) If an alien to whom a visa was issued as a result of a failure described in paragraph (1)(B) is admitted to the United States and there is thereafter probable cause to believe that the alien was a participant in a terrorist act causing serious loss of life or property in the United States, the Secretary of State shall convene an Accountability Review Board under the authority of title III of the Omnibus Diplomatic Security and Antiterrorism Act of 1986. (d) Access to the Interstate Identification Index.— (1) Subject to paragraphs (2) and (3), the Department of State Consolidated Immigrant Visa Processing Center shall have online access, without payment of any fee or charge, to the Interstate Identification Index of the National Crime Information Center solely for the purpose of determining whether a visa applicant has a criminal history record indexed in such Index. Such access does not entitle the Department of State to obtain the full content of automated records through the Interstate Identification Index. To obtain the full content of a criminal history record, the Department shall submit a separate request to the Identification Records Section of the Federal Bureau of Investigation, and shall pay the appropriate fee as provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101–162). (2) The Department of State shall be responsible for all one-time start-up and recurring incremental non-personnel costs of establishing and maintaining the access authorized in paragraph (1). (3) The individual primarily responsible for the day-to-day implementation of paragraph (1) shall be an employee of the Federal Bureau of Investigation selected by the Department of State, and detailed to the Department on a fully reimbursable basis. (4) Not later than December 31, 1996, the Secretary of State and the Director of the Federal Bureau of Investigation shall jointly submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives, and the Committee on Foreign Relations and the Committee on the Judiciary of the Senate, a report on the effectiveness of the procedure authorized in this subsection. (5) This subsection shall cease to have effect after December Termination date. 31, 1997. SEC. 141. LOCAL GUARD CONTRACTS ABROAD. Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101–246) is amended— 22 USC 4864. (1) in subsection (c)— (A) in paragraph (2), by striking “due to their distance from the post”; (B) by redesignating paragraphs (2) and (3) as paragraphs (6) and (7) respectively; and (C) by inserting after paragraph (1) the following: “(2) absent compelling reasons, award such contracts through the competitive process; “(3) in evaluating and scoring proposals for such contracts, award not less than 60 percent of the total points on the basis of technical factors and subfactors; “(4) in countries where contract denomination and/or payment in local currencies constitutes a barrier to competition by United States firms— “(A) allow solicitations to be bid in United States dollars; and “(B) allow contracts awarded to United States firms to be paid in United States dollars; “(5) ensure that United States diplomatic and consular posts assist United States firms in obtaining local licenses and permits;”; and (2) in subsection (d)— (A) paragraph (1)(D), by striking “and” and inserting “or”; and (B) by adding at the end the following new paragraph (4): “(4) the term ‘barrier to local competition’ means— “(A) conditions of extreme currency volatility; “(B) restrictions on repatriation of profits; “(C) multiple exchange rates which significantly disadvantage United States firms; “(D) government restrictions inhibiting the free convertibility of foreign exchange; or “(E) conditions of extreme local political instability.”; (C) by striking “and” at the end of paragraph (2); and (D) by striking the period at the end of paragraph (3) and inserting “; and”. SEC. 142. WOMEN’S HUMAN RIGHTS PROTECTION. (a) Sense of Congress.— The Congress makes the following declarations: (1) The State Department should designate a senior advisor to the appropriate Undersecretary to promote international women’s human rights within the overall human rights policy of the United States Government. (2) The purpose of assigning a special assistant on women’s human rights issues is not, to segregate such issues, but rather to assure that they are considered along with other human rights issues in the development of United States foreign policy. (3) A specifically designated special assistant is necessary because within the human rights field and the foreign policy establishment, the issues of gender-based discrimination and violence against women have long been ignored or made invisible. (4) The Congress believes that abuses against women would have greater visibility and protection of women’s human rights would improve if the advocate were responsible for integrating women’s human rights issues into United States foreign policy, bilateral assistance, multilateral diplomacy, trade policy, and democracy promotion. (b) Congressional Notification.— Not later than 180 days after the date of enactment of this Act, the Secretary of State shall notify the Congress of the steps taken to fulfill the objectives detailed in subsection (a). PART C— DEPARTMENT OF STATE ORGANIZATION SEC. 161. ORGANIZATION OF THE DEPARTMENT OF STATE. (a) Organization.— Section 1 of the State Department Basic Authorities Act of 1956 is amended to read as follows: “Section 1. “organization of the department of state (a) Secretary of State.— “(1) The Department of State shall be administered, in accordance with this Act and other provisions of law, under the supervision and direction of the Secretary of State (hereinafter referred to as the ‘Secretary’). “(2) The Secretary shall be appointed by the President, by and with the advice and consent of the Senate. “(3) (A) Notwithstanding any other provision of law and except as provided in this section, the Secretary shall have and exercise any authority vested by law in any office or official of the Department of State. The Secretary shall administer, coordinate, and direct the Foreign Service of the United States and the personnel of the Department of State, except where authority is inherent in or vested in the President. “(B) (i) The Secretary shall not have the authority of the Inspector General or the Chief Financial Officer. “(ii) The Secretary shall not have any authority given expressly to diplomatic or consular officers. “(4) The Secretary is authorized to promulgate such rules and regulations as may be necessary to carry out the functions of the Secretary of State and the Department of State. Unless otherwise specified in law, the Secretary may delegate authority to perform any of the functions of the Secretary or the Department to officers and employees under the direction and supervision of the Secretary. The Secretary may delegate the authority to redelegate any such functions. “(b) Under Secretaries.— There shall be in the Department of State not more than 5 Under Secretaries of State, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5, United States Code. “(c) Assistant Secretaries.— “(1) In general.— There shall be in the Department of President. State not more than 20 Assistant Secretaries of State, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5. “(2) Assistant secretary of state for democracy, human rights, and labor.— (A) There shall be in the Department of State an Assistant Secretary of State for Democracy, Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. The Secretary of State shall carry out the Secretary’s responsibility under section 502B of the Foreign Assistance Act of 1961 through the Assistant Secretary. “(B) The Assistant Secretary of State for Democracy, Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy including the following: “(i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which requirements of sections 116 and 502B of the Foreign Assistance Act of 1961 are relevant. “(ii) Preparing the statements and reports to Congress required under section 502B of the Foreign Assistance Act of 1961. “(iii) Making recommendations to the Secretary of State and the Administrator of the Agency for International Development regarding compliance with sections 116 and 502B of the Foreign Assistance Act of 1961, and as part of the Assistant Secretary’s overall policy responsibility for the creation of United States Government human rights policy, advising the Administrator of the Agency for International Development on the policy framework under which section 116(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects. “(iv) Performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries. “(d) Deputy Assistant Secretaries.— There shall be in the Department of State not more than 66 Deputy Assistant Secretaries of State. “(e) Other Senior Officials.— In addition to officials of the Department of State who are otherwise authorized to be appointed by the President, by and with the advice and consent of the Senate, and to be compensated at level IV of the Executive Schedule of section 5315 of title 5, United States Code, four other such appointments are authorized.”. (b) Application.— The amendments made by this section and section 133 shall apply with respect to officials, offices, and bureaus of the Department of State when executive orders, regulations, or departmental directives implementing such amendments become effective, or 90 days after the date of enactment of this Act, whichever comes earlier. (c) Transition.— Any officer of the Department of State holding office on the date of the enactment of this Act shall not be required to be reappointed to any other office, at the Department of State at the same level performing similar functions, as determined by the President, by reason of the enactment of the amendments made by this section and section 162. (d) References in Other Acts.— Except as specifically provided in this Act, or the amendments made by this Act, a reference in any other provision of law to an official or office of the Department of State affected by the amendment made by subsection (a) (other than the Inspector General of the Department of State and the Chief Financial Officer of the Department of State) shall be deemed to be a reference to the Secretary of State or the Department of State, as may be appropriate. (e) Office of the Coordinator for Counterterrorism.— Notwithstanding any other provision of this section, for not less than one year after the date of the enactment of this Act there shall be in the Department of State an Office of the Coordinator for Counterterrorism which shall be headed by a Coordinator for Counterterrorism. The office shall have the same responsibilities and functions as the Office of the Coordinator for Counterterrorism at the Department of State had as of January 20, 1993. (f) Deputy Assistant Secretary for Burdensharing.— (1) Establishment.— None of the funds authorized to be appropriated by this Act shall be available for obligation or expenditure during fiscal year 1995 unless, not later than 90 days after the date of enactment of this Act, the Secretary of State has established within the Department of State the position of Deputy Assistant Secretary for Burdensharing, the incumbent of which shall be an official of ambassadorial rank, appointed by the President by and with the advice and consent of the Senate. (2) Responsibilities.— The Deputy Assistant Secretary for Burdensharing shall perform such duties and exercise such authorities as the Secretary of State shall prescribe, including the principal duty of negotiations for the following: (A) Increased in-kind and financial support (including increased payment of basing costs) by countries allied to the United States for Department of Defense military units and personnel assigned to permanent duty ashore outside the United States in support of the security of such countries. (B) Recoupment of funds associated with financial commitments from such countries for paying the United States the residual value of United States facilities in such countries that the United States relinquishes to such countries upon the termination of the use of such facilities by the United States. SEC. 162. TECHNICAL AND CONFORMING AMENDMENTS. (a) Act of May 26, 1949.— The Act entitled “An Act to strengthen and improve the organization and administration of the Department of State, and for other purposes” (May 26, 1949; Public Law 81–73; 22 U.S.C. 2652 et seq.) is repealed. 22 USC 811a, 2652, 2653, 2658. (b) Foreign Relations Authorization Act, Fiscal Year 1979.— Section 115 of the Foreign Relations Authorization Act, Fiscal Year 1979 (22 U.S.C. 2652a) is amended by striking subsection (a). (c) Foreign Relations Authorization Act, Fiscal Years 1992 AND 1993.— Section 122 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2652b) is amended— (1) by striking subsection (c); (2) in subsection (a) by striking “, which is in addition to the positions provided under the first section of the Act of May 26, 1949 (22 U.S.C. 2652); and (3) by striking subsection (d)(1). (d) Title 5, United States Code.— (1) Section 5314 of title 5, United States Code, is amended by striking— “Under Secretary of State for Political Affairs and Under Secretary of State for Economic and Agricultural Affairs and an Under Secretary of State for Coordinating Security Assistance Programs and Under Secretary of State for Management. “Counselor of the Department of State.” and inserting— “Under Secretaries of State (5).”. (2) Section 5315 of title 5, United States Code, is amended President. by striking “Assistant Secretaries of State (15).”, “Legal Adviser of the Department of State.”, “Chief of Protocol, Department of State.”, “Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.”, “Assistant Secretary for International Narcotics Matters, Department of State.”, “Assistant Secretary for South Asian Affairs, Department of State.”, and inserting “20 Assistant Secretaries of State and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate.”. (e) Foreign Assistance Act of.— 1961The Foreign Assistance Act of 1961 is amended— (1) in section 116(c) (22 U.S.C. 2151n), by striking “Assistant Secretary for Human Rights and Humanitarian Affairs” and inserting “Assistant Secretary of State for Democracy, Human Rights, and Labor”; (2) in sections 502B(b) (22 U.S.C. 2304(b)), 502B(c)(1) (22 U.S.C. 2304(c)), and 505(g)(4)(A) (22 U.S.C. 2314(g)(4)(A)) by striking “Human Rights and Humanitarian Affairs” each place it appears and inserting “Democracy, Human Rights, and Labor”; (3) in section 573(c) by striking “Human Rights and 22 USC 2349aa-2. Humanitarian Affairs” and inserting “Democracy, Human Rights, and Labor”; and (4) in section 624 by striking subsection (f). 22 USC 2384. (f) Arms Export Control Act.— Section 5(d)(1) of the Arms Export Control Act is amended (22 U.S.C. 2755(d)(1)) by striking “Assistant Secretary of State for Human Rights and Humanitarian Affairs” and inserting “Secretary of State”. (g) Diplomatic Security Act.— The Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended— (1) in section 102(b) (22 U.S.C. 4801(b)) by— (A) striking paragraph (2); and (B) redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; (2) in subsection 103(a)— (A) by inserting “(1)” before “The Secretary of State”; (B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; and (C) by inserting at the end the following new paragraph: “(2) Security responsibilities shall include the following: “(A) Former office of security functions.— Functions and responsibilities exercised by the Office of Security, Department of State, before November 11, 1985. “(B) Security and protective operations.— “(i) Establishment and operations of post security and protective functions abroad. “(ii) Development and implementation of communications, computer, and information security. “(iii) Emergency planning. “(iv) Establishment and operation of local guard services abroad. “(v) Supervision of the United States Marine Corps security guard program. “(vi) Liaison with American overseas private sector security interests. “(vii) Protection of foreign missions and international organizations, foreign officials, and diplomatic personnel in the United States, as authorized by law. “(viii) Protection of the Secretary of State and other persons designated by the Secretary of State, as authorized by law. “(ix) Physical protection of Department of State facilities, communications, and computer and information systems in the United States. “(x) Conduct of investigations relating to protection of foreign officials and diplomatic personnel and foreign missions in the United States, suitability for employment, employee security, illegal passport and visa issuance or use, and other investigations, as authorized by law. “(xi) Carrying out the rewards program for information concerning international terrorism authorized by section 36(a) of the State Department Basic Authorities Act of 1956. “(xii) Performance of other security, investigative, and protective matters as authorized by law. “(C) Counterterrorism planning and coordination.— Development and coordination of counterterrorism planning, emergency action planning, threat analysis programs, and liaison with other Federal agencies to carry out this paragraph. “(D) Security technology.— Development and implementation of technical and physical security programs, including security-related construction, radio and personnel security communications, armored vehicles, computer and communica-tions security, and research programs necessary to develop such measures. “(E) Diplomatic courier service.— Management of the diplomatic courier service. “(F) Personnel training.— Development of facilities, methods, and materials to develop and upgrade necessary skills in order to carry out this section. “(G) Foreign government training.— Management and development of antiterrorism assistance programs to assist foreign government security training which are administered by the Department of State under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.).”; (3) by striking section 104; 22 USC 4803, 2652; 5 USC 5315. 22 USC 4804. 22 USC 4806. (4) by striking section 105; (5) in section 107, by striking “The Chief of Protocol of the Department of State shall consult with the Assistant Secretary of Diplomatic Security” and inserting “The Secretary of State shall take into account security considerations”; (6) in title II by amending the title heading to read as 22 USC 4821 et seq. 22 USC 4821. follows: “TITLE II—PERSONNEL”; (7) by amending section 201 to read as follows: “SEC. 201. DIPLOMATIC SECURITY SERVICE. “The Secretary of State may establish a Diplomatic Security Service, which shall perform such functions as the Secretary may determine.”; (8) in section 202— 22 USC 4822. (A) by striking “The” in the first sentence and inserting “Any such”; (B) by striking “shall” each place it appears in the first, third, and fourth sentences and inserting “should”; and (C) by striking the last sentence; (9) in section 203— 22 USC 4823. (A) by amending the heading to read as follows: “SEC. 203. SPECIAL AGENTS”; (B) in the first sentence by striking “Positions in the Diplomatic Security Service” and inserting “Special agent positions”; and (C) in the last sentence by striking “In the case of positions designated for special agents, the” and inserting “The”; and (10) in section 402(a)(2) by striking “Assistant Secretary 22 USC 4852. for Diplomatic Security” and inserting “Secretary of State”. (h) Immigration and Nationality Act.— The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended— (1) in section l0l(a)(l) (8 U.S.C. 1101(a)(1)) by striking “Assistant Secretary of State for Consular Affairs” and inserting “official designated by the Secretary of State pursuant to section 104(b) of this Act”; (2) in section 104 (8 U.S.C. 1104)— (A) in the heading by striking “; bureau of consular affairs”; (B) in subsection (a), by striking “the Bureau of Consular Affairs” and inserting “the Administrator”; (C) by amending subsection (b) to read as follows: “(b) The Secretary of State shall designate an Administrator who shall be a citizen of the United States, qualified by experience. The Administrator shall maintain close liaison with the appropriate committees of Congress in order that they may be advised regarding the administration of this Act by consular officers. The Administrator shall be charged with any and all responsibility and authority in the administration of this Act which are conferred on the Secretary of State as may be delegated to the Administrator by the Secretary of State or which may be prescribed by the Secretary of State, and shall perform such other duties as the Secretary of State may prescribe.”; (D) in subsection (c), by striking “Bureau” and inserting “Department of State”; and (E) in subsection (d), by striking all after “respectively” before the period; and (3) in section 105 (8 U.S.C. 1105) by striking “Assistant Secretary of State for Consular Affairs” and inserting “Administrator” each place it appears. (i) Department of State Appropriations Act, 1989.— Section 306 of the Department of State Appropriations Act, 1989 (Public 102 Stat. 2208. Law 100–459) is repealed. (j) Department of Defense Appropriations Act, Fiscal Year 1989.— Section 8125 of the Department of Defense Appropriations 10 USC 113 note. Act, Fiscal Year 1989 (Public Law 100–463) is amended by striking subsection (c). (k) State Department Basic Authorities Act of 1956.— (1) Section 35 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2707) is amended— (A) by striking subsection (a); and (B) in subsection (b)— (i) by striking the text preceding paragraph (1) and inserting the following: “The Secretary of State shall be responsible for formulation, coordination, and oversight of foreign policy related to international communications and information policy. The Secretary of State shall—”; (ii) by striking paragraph (2); (iii) by redesignating paragraph (1) as paragraph (2); (iv) by inserting before paragraph (2) (as so redesignated) the following: “(1) exercise primary authority for the conduct of foreign policy with respect to such telecommunications functions, including the determination of United States positions and the conduct of United States participation in negotiations with foreign governments and international bodies. In exercising this responsibility, the Secretary shall coordinate with other agencies as appropriate, and, in particular, shall give full consideration to the authority vested by law or Executive order in the Federal Communications Commission, the Department of Commerce and the Office of the United States Trade Representative in this area;”; (v) in paragraph (2) (as so redesignated) by striking “with the bureaus and offices of the Department of State and”, and inserting before the semicolon “and with the Federal Communications Commission, as appropriate”; and (vi) in paragraph (3), by striking “the Senior Interagency Group on International Communications and Information Policy” and inserting “any senior interagency policymaking group on international telecommunications and information policy and chair such interagency meetings as may be necessary to coordinate actions on pending issues;”. (2) Nothing in the amendments made by paragraph (1) affects 22 USC 2707 note. the nature or scope of the authority that is on the date of enactment of this Act vested by law or Executive order in the Department of Commerce, the Office of the United States Trade Representative, the Federal Communications Commission, or any officer thereof. (3) Section 3 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2670) is amended— (A) by striking “and” at the end of subsection (k); (B) by striking the period at the end of subsection (l) and inserting “; and”; and (C) by adding at the end the following: “(m) establish, maintain, and operate passport and dispatch agencies.”. (4) Section 2 of the State Department Basic Authorities Act of 1956 is amended by striking “(1) pay” and inserting “(m) pay”. 22 USC 2669. (m) Refuge Act of 1980.— The Refugee Act of 1980 (Public Law 96–212) is amended— (1) in the heading for title III, by striking “UNITED 8 USC 1525 et seq. STATES COORDINATOR FOR REFUGEE AFFAIRS AND”; (2) by striking the heading for part A; (3) by repealing section 301; and 8 USC 1525. (4) by striking the heading for part B. (n) Immigration and Nationality Act.— (1) Section 411(b) of the Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended by striking “and under the general policy guidance of the United States Coordinator for Refugee Affairs (hereinafter in this chapter referred to as the ‘Coordinator’)” and inserting “the Secretary of State”. (2) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended— (A) in subsection (a)(2)(A), by striking “, together with the Coordinator,”; (B) in subsections (b)(3) and (b)(4), by striking “in consultation with the Coordinator,”; and (C) in subsection (e)(7)(C), by striking “, in consultation with the United States Coordinator for Refugee Affairs,”. (3) Section 413(a) of the Immigration and Nationality Act (8 U.S.C. 1523) is amended by striking “, in consultation with the Coordinator,”. (o) State Department Basic Authorities Act.— Title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.) is amended— (1) in section 202(a) by striking paragraph (3) and 22 USC 4302. redesignating paragraphs (4) through (8) as paragraphs (3) through (7); (2) in section 203 by amending such section to read as 22 USC 4303. follows: “Sec. 203. “authorities of the secretary of state The Secretary shall carry out the following functions: “(1) Assist agencies of Federal, State, and municipal government with regard to ascertaining and according benefits, privilleges, and immunities to which a foreign mission may be entitled. “(2) Provide or assist in the provision of benefits for or on behalf of a foreign mission in accordance with section 204. “(3) As determined by the Secretary, dispose of property acquired in carrying out the purposes of this Act. “(4) As determined by the Secretary, designate an office within the Department of State to carry out the purposes of this Act. If such an office is established, the President may appoint, by and with the advice and consent of the Senate, a Director, with the rank of ambassador. Of the Director and the next most senior person in the office, one should be an individual who has served in the Foreign Service and the other should be an individual who has served in the United States intelligence community. “(5) Perform such other functions as the Secretary may determine necessary in furtherance of the policy of this title.”, (3) in section 204— (A) in subsections (a), (b), and (c), by striking “Director” each place it appears and inserting “Secretary”; and (B) in paragraph (d), by striking “the Director or any other” and inserting “any”; (4) in section 204A, by striking “Director” each place it appears and inserting “Secretary”; (5) in section 205— (A) in subsection (a), by striking “Director” and inserting “Secretary”; and (B) in subsection (c)(2) by striking “authorize the Director to”; and (6) in section 208— (A) in subsection (d) by striking “Director” and inserting in its place “Secretary”; (B) in subsections (c), (e), and (f), by striking “Office of Foreign Missions” each place it appears and inserting “Department of State”; and (C) in subsection (h)(2) by striking “Director or the”. (p) Office of Counselor; Legal Adviser.— (1) The Act entitled “An Act to create the Office of Counselor of the United States” (May 18, 1937; Public Law 75–91; 22 U.S.C. 2655) is repealed. (2) The Act entitled “An Act for the reorganization and improvement of the Foreign Service of the United States and for other purposes” (May 24, 1924; Public Law 68–135; 22 22 USC 2664. U.S.C. 2654) is amended by striking section 30. (q) Amendment to the Department of State Appropriations Authorization Act of 1973.— Section 9 of the Department of State Appropriations Authorization Act of 1973 (22 U.S.C. 2655) is amended— (1) in subsection (a)— (A) by striking “In addition to the positions provided under the first section of the Act of May 26, 1949, as amended (22 U.S.C. 2652), there” and inserting “There”; and (B) by inserting before the period at the end of the subsection “and for such other related duties as the Secretary may from time to time designate”; and (2) by striking subsection (b). SEC. 163. DIRECTOR GENERAL OF THE FOREIGN SERVICE. Section 208 of the Foreign Service Act of 1980 (22 U.S.C. 3928) is amended to read as follows: “SEC. 208. DIRECTOR GENERAL OF THE FOREIGN SERVICE. “The President shall appoint, by and with the advice and consent of the Senate, a Director General of the Foreign Service, who shall be a current or former career member of the Foreign Service. The Director General should assist the Secretary of State in the management of the Service and perform such functions as the Secretary of State may prescribe.”. SEC. 164. ADMINISTRATIVE EXPENSES. (a) Administrative Expenses for Narcotics, Terrorism, and crime.— Section 482 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291a) is amended by adding the following new subsection: “(d) Administrative Assistance.— (1) Except as provided in paragraph (2), personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau designated by the Secretary of State to replace the Bureau for International Narcotics Matters. “(2) Paragraph (1) shall not apply to the extent that it would result in a reduction in funds available for antinarcotics assistance to foreign countries.”. (b) Amendment to the Migration and Refugee Assistance Act.— Section 5 of the Migration and Refugee Assistance Act (22 U.S.C. 2605) is amended by adding at the end the following new subsection: “(c) Personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau charged with carrying out this Act.”. PART D— PERSONNEL Subpart 1— General Provisions SEC. 171. LABOR-MANAGEMENT RELATIONS. Section 1017(e) of the Foreign Service Act of 1980 (22 U.S.C. 4117(e)) is amended to read as follows: “(e) (1) Notwithstanding any other provision of this chapter— “(A) participation in the management of a labor organization for purposes of collective bargaining or acting as a representative of a labor organization for such purposes is prohibited under this chapter— “(i) on the part of any management official or confidential employee; “(ii) on the part of any individual who has served as a management official or confidential employee during the preceding two years; or “(iii) on the part of any other employee if the participation or activity would result in a conflict of interest or apparent conflict of interest or would otherwise be incompatible with law or with the official functions of such employee; and “(B) service as a management official or confidential employee is prohibited on the part of any individual having participated in the management of a labor organization for purposes of collective bargaining or having acted as a representative of a labor organization during the preceding two years. “(2) For the purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term ‘management official’ shall not include chiefs of mission, principal officers and their deputies, and administrative and personnel officers abroad.”. SEC. 172. WAIVER OF LIMITATION FOR CERTAIN CLAIMS FOR PERSONAL PROPERTY DAMAGE OR LOSS. (a) Claims Resulting From Emergency Evacuation in a Foreign Country.— Subsection 3721(b) of title 31 of the United States Code is amended— (1) by inserting “(1)” after “(b)”; and (2) by adding after paragraph (1), as so designated, the following: “(2) The Secretary of State may waive the settlement and payment limitation referred to in paragraph (1) for claims for damage or loss by United States Government personnel under the jurisdiction of a chief of mission in a foreign country if such claims arise in circumstances where there is in effect a departure from the country authorized or ordered under circumstances described in section 5522(a) of title 5, if the Secretary determines that there exists exceptional circumstances that warrant such a waiver.”. (b) Retroactive Application.— The amendments made by subsection (a) shall apply with respect to claims arising on or after October 31, 1988. SEC. 173. SENIOR FOREIGN SERVICE PERFORMANCE PAY. (a) Prohibition on Awards.— Notwithstanding any other provision of law, the Secretary of State may not award or pay performance payments for fiscal years 1994 and 1995 under section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965), unless the Secretary awards or pays performance awards to other Federal employees for such fiscal years. (b) Awards in Subsequent Fiscal Years.— The Secretary may not make a performance award or payment in any fiscal year after a fiscal year referred to in subsection (a) for the purpose of providing an individual with a performance award or payment to which the individual would otherwise have been entitled in a fiscal year referred to in such subsection but for the prohibition described in such subsection. (c) Application to USIA, AID, and ACDA.— Subsections (a) and (b) shall apply to the United States Information Agency, the Agency for International Development, and the Arms Control and Disarmament Agency in the same manner as such subsections apply to the Department of State, except that the Director of the United States Information Agency, the Administrator of the Agency for International Development, and the Director of the Arms Control and Disarmament Agency shall be subject to the limitations and authority of the Secretary of State under subsections (a) and (b) for their respective agencies. (d) Amendment to Foreign Service Act of 1980.— Section 405(b)(4) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)(4)) is amended to read as follows: “(4) Any award under this section shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code.”. SEC. 174. REASSIGNMENT AND RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES. Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053) is amended by striking all that follows the section caption and inserting the following: “(a) A participant, who completes an assignment under section 302(b) in a position to which the participant was appointed by the President, and is not otherwise eligible for retirement— “(1) shall be reassigned within 90 days after the termination of such assignment and any period of authorized leave, or “(2) if the Secretary of State determines that reassignment is not in the interest of the Foreign Service, shall be retired from the Service and receive retirement benefits in accordance with section 806 or 855, as appropriate. “(b) A participant who completes an assignment under section 302(b) in a position to which the participant was appointed by the President and is eligible for retirement and is not reassigned within 90 days after the termination of such assignment and any period of authorized leave, shall be retired from the Service and receive retirement benefits in accordance with section 806 or section 855, as appropriate. “(c) A participant who is retired under subsection (a)(2) and is subsequently employed by the United States Government, thereafter, shall be eligible to retire only under the terms of the applicable retirement system.”. SEC. 175. REPORT ON CLASSIFICATION OF SENIOR FOREIGN SERVICE POSITIONS. (a) Audit and Review.— Not later than December 31, 1994, the Comptroller General of the United States shall conduct a classification audit of all Senior Foreign Service positions in Washington, District of Columbia, assigned to the Department of State, the Agency for International Development, and the United States Information Agency and shall review the methods for classification of such positions. (b) Report.— Not later than March 1, 1995, the Comptroller General shall submit a report of such audit and review to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. SEC. 176. ALLOWANCES. (a) Away-From-Post Education Allowance.— Section 5924(4)(A) of title 5, United States Code, is amended by inserting after the first sentence the following: “When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post.”. (b) Educational Travel for College Students Studying Abroad.— Section 5924(4)(B) of title 5, United States Code, is amended in the first sentence after “in the United States” by inserting “(or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States)”. SEC. 177. GRIEVANCES. (a) Grievance Board Procedures.— Section 1106 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is amended in the first sentence of paragraph (8) by striking “until the Board has ruled upon the grievance.” and inserting “until the date which is one year after such determination or until the Board has ruled upon the grievance, whichever comes first. The Board shall extend the one-year limitation under the preceding sentence and the Department shall continue to suspend such action, if the Board determines that the agency or the Board is responsible for the delay in the resolution of the grievance. The Board may also extend the 1-year limit if it determines that the delay is due to the complexity of the case, the unavailability of witnesses or to circumstances beyond the control of the agency, the Board or the grievant.”. (b) Time Limitation on Requests for Judicial Review.— Section 1110 of the Foreign Service Act of 1980 (22 U.S.C. 4140) is amended in the first sentence by inserting before the period “, if the request for judicial review is filed not later than 180 days after the final action of the Secretary or the Board (or in the case of an aggrieved party who is posted abroad at the time of the final action of the Secretary or the Board, if the request for judicial review is filed not later than 180 days after the aggrieved party’s return to the United States)”. SEC. 178. MID-LEVEL WOMEN AND MINORITY PLACEMENT PROGRAM. (a) Purpose.— It is the purpose of this section to promote the acquisition and retention of highly qualified, trained, and experienced women and minority personnel within the Foreign Service, to provide the maximum opportunity for the Foreign Service to meet staffing needs and to acquire the services of experienced and talented women and minority personnel, and to help alleviate the impact of downsizing, reduction-in-force, and budget restrictions occurring in the defense and national security-related agencies of the United States. (b) Establishment.— For each of the fiscal years 1994 and 1995, the Secretary of State shall to the maximum extent practicable appoint to the Foreign Service qualified women and minority applicants who are participants in the priority placement program of the Department of Defense, the Department of Defense out-placement referral program, the Office of Personnel Management Automated Applicant Referral System, or the Office of Personnel Management Interagency Placement Program. The Secretary shall make such appointments through the mid-level entry program of the Department of State under section 306 of the Foreign Service Act of 1980. (c) Report.— Not later than 180 days after the date of enactment of this Act, the Secretary of State shall prepare and submit a report concerning the implementation of subsection (a) to the Chairman of the Committee on Foreign Relations of the Senate and the Speaker of the House of Representatives. Such report shall include recommendations on methods to improve implementation of the purpose of this section. SEC. 179. EMPLOYMENT ASSISTANCE REFERRAL SYSTEM FOR CERTAIN MEMBERS OF THE FOREIGN SERVICE. (a) Referral System.— Certain members of the Foreign Service (as described in subsection (b)), may participate in the Office of Personnel Management’s Interagency Placement programs or any successor program. Such members of the Foreign Service shall be treated in the same manner as employees participating in such a program as of the effective date of this Act. (b) Certain Members of the Foreign Service.— For purposes of this section, the term “members of the Foreign Service” means any individual holding a career or career candidate appointment under chapter 3 of the Foreign Service Act of 1980. SEC. 180. UNITED STATES CITIZENS HIRED ABROAD. (a) Amendments to the Foreign Service Act of 1980.— The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended as follows: (1) Section 309(b) of such Act is amended— 22 USC 3949. (A) by striking “and” at the end of paragraph (3); (B) by striking the period at the end of paragraph (4); and (C) by inserting at the end “; and (5) as a foreign national employee”. (2) Section 311 of such Act is amended to read as follows: 22 USC 3951. “(a) The Secretary, under section 303, may appoint United States citizens, who are family members of government employees assigned abroad or are hired for service at their post of residence, for employment in positions customarily filled by Foreign Service officers, Foreign Service personnel, and foreign national employees. “(b) The fact that an applicant for employment in a position referred to in subsection (a) is a family member of a Government employee assigned abroad shall be considered an affirmative factor in employing such person. “(c) (l) Non-family members employed under this section for service at their post of residence shall be paid in accordance with local compensation plans established under section 408. “(2) Family members employed under this section shall be paid in accordance with the Foreign Service Schedule or the salary rates established under section 407. “(3) In exceptional circumstances, non-family members may be paid in accordance with the Foreign Service Schedule or the salary rates established under section 407, if the Secretary determines that the national interest would be served by such payments. “(d) Nonfamily member United States citizens employed under this section shall not be eligible for benefits under chapter 8 of this Act, or under chapters 83 or 84 of title 5, United States Code.”. (3) Section 404(a) of such Act is amended by striking “who 22 USC 3964. are family members of Government employees paid in accordance with a local compensation plan established under”. (4) Section 408 of such Act is amended— 22 USC 3968. (A) in subsection (a)(1) by striking the first sentence and inserting “The Secretary shall establish compensation (including position classification) plans for foreign national employees of the Service and United States citizens employed under section 311(c)(l).”; (B) in the second sentence of subsection (a)(1), by striking “employed in the Service abroad who were hired while residing abroad and to those family members of Government employees who are paid in accordance with such plans”; (C) in the third sentence of subsection (a)(1), by striking “foreign national” each place it appears; and (D) by adding at the end of subsection (a)(1) the following: “For United States citizens under a compensation plan, the Secretary shall (A) provide such citizens with a total compensation package (including wages, allowances, benefits, and other employer payments, such as for social security) that has the equivalent cost to that received by foreign national employees occupying a similar position at that post and (B) define those allowances and benefits provided under United States law which shall be included as part of this total compensation package, notwithstanding any other provision of law, except that this section shall not be used to override United States minimum wage requirements, or any provision of the Social Security Act or the Internal Revenue Code. (5) Section 504(b) of such Act is amended by inserting “(other than those employed in accordance with section 311)” after “citizen of the United States”. (6) Section 601(b)(2) of such Act is amended— (A) by striking “and” the last place it appears; and (B) by inserting “and other members of the Service” after “categories of career candidates,”. (7) Section 611 of such Act is amended by striking all that follows “Foreign Service Schedule” and inserting “or who is paid in accordance with section 407 or is a United States citizen paid under a compensation plan under section 408.”. (8) Section 903(a) of such Act is amended by inserting “(other than a member employed under section 311)” after “member of the Service” each place it appears. (9) Section 1002(8)(A) of such Act is amended by inserting “a member of the Service who is a United States citizen (other than a family member) employed under section 311,” after “a consular agent,”. (10) Section 1101(a)(l) of such Act is amended by inserting “(other than a United States citizen employed under section 311 who is not a family member)” after “citizen of the United States”. (b) Amendments to the State Department Basic Authorities Act of1956.— Section 2(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)) is amended by inserting before the period: “; and such contracts are authorized to be negotiated, the terms of the contracts to be prescribed, and the work to be performed, where necessary, without regard to such statutory provisions as relate to the negotiation, making, and performance of contracts and performance of work in the United States”. SEC. 181. REDUCTION IN FORCE AUTHORITY WITH REGARD TO CERTAIN MEMBERS OF THE FOREIGN SERVICE. (a) IN General.— The Foreign Service Act of 1980 (22 U.S.C. 4001 et seq.) is amended as follows: (1) By redesignating sections 611, 612, and 613 as sections 612, 613, and 614, respectively. 22 USC 4011–4013. (2) By inserting after section 610 the following new section: “SEC. 611. REDUCTIONS IN FORCE. “(a) The Secretary may conduct reductions in force and shall prescribe regulations for the separation of members of the Service holding a career or career candidate appointment under chapter 3 of this Act, under such reductions in force which give due effect to the following: “(1) Organizational changes. “(2) Documented employee knowledge, skills, or competencies. “(3) Tenure of employment. “(4) Documented employee performance. “(5) Military preference, subject to section 3501(a)(3) of title 5, United States Code. “(b) The provisions of section 609 shall be applicable to any member of the Service holding a career or career candidate appointment under chapter 3 of this Act, who is separated under the provisions of this section. “(c) An employee against whom action is taken under this section may elect either to file a grievance under chapter 11 or to appeal to the Merit Systems Protection Board under procedures prescribed by the Board. Grievances under chapter 11 shall be limited to cases of reprisal, interference in the conduct of an employee’s official duties, or similarly inappropriate use of the authority of this section.”. (3) By amending section 609 (22 U.S.C. 4009)— (A) in subsection (a)(2), by inserting “or 611” after “608(b)”; and (B) in subsection (b) by inserting “or 611” after “608(b)”. (4) Chapter 11 of the Foreign Service Act of 1980 is amended— (A) in section 1101(b)(3) by striking 22 USC 4131. “611” and inserting “612”; and (B) in section 1106(8) by inserting before the period 22 USC 4136. at the end of the paragraph “or with respect to any action which would delay the separation of an employee pursuant to a reduction in force conducted under section 611”. (5) The table of contents for the Foreign Service Act is amended by striking out the items related to sections 611, 612, and 613 and inserting in lieu thereof the following: “Sec. 611. Reductions in force. “Sec. 612. Termination of limited appointments. “Sec. 613. Termination of appointments of consular agents and foreign national employees. “Sec. 614. Foreign Service awards.”. (b) Management Rights.— Section 1005 of the Foreign Service Act of 1980 (22 U.S.C. 4105(a)) is amended— (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (2) by inserting after paragraph (2) the following new paragraph: “(3) to conduct reductions in force, and to prescribe regulations for the separation of employees pursuant to such reductions in force conducted under section 611;”. (c) Consultation.— The Secretary of State (or in the case of any other agency authorized by law to utilize the Foreign Service personnel system), the head of that agency shall consult with the Director of the Office of Personnel Management before prescribing regulations for reductions in force under section 611 of the Foreign Service Act of 1980 (as added by subsection (a) of this section), and shall publish such regulations. SEC. 182. RESTORATION OF WITHHELD BENEFITS. (a) Eligibility.— With respect to any person for which the Secretary of State and the Secretary concerned within the Department of Defense has approved the employment or the holding of a position pursuant to the provisions of section 1058, title 10, United States Code, before the date of enactment of this Act, the consents, approvals and determinations under that section shall be deemed to be effective as of January 1, 1993. (b) Technical Correction.— Subsection (d) of section 1433 10 USC 1058 note. of Public Law 103–160 is repealed. Subpart 2— Foreign Language Competence Within the Foreign Service SEC. 191. FOREIGN LANGUAGE COMPETENCE WITHIN THE FOREIGN SERVICE. (a) Regulations.— Not later than 180 days after the date of enactment of this Act, the Secretary of State shall promulgate regulations— (1) establishing hiring preferences for Foreign Service Officer candidates competent in languages, with priority preference given to those languages in which the Department of State has a deficit; (2) establishing a standard that employees will not receive long-term training in more than 3 languages, and requiring that employees achieve full professional proficiency (S4/R4) in 1 language as a condition for training in a third, with exceptions for priority needs of the service at the discretion of the Director General; (3) requiring that employees receiving long-term training in a language, or hired with a hiring preference for a language, serve at least 2 tours in jobs requiring that language, with exceptions for certain limited-use languages and priority needs of the service at the discretion of the Director General; (4) requiring that significant consideration be given to foreign language competence and use in the evaluation, assignment, and promotion of all Foreign Service Officers of the Department of State; (5) requiring the identification of appropriate Washington, D.C. metropolitan area positions as language-designated; and (6) requiring remedial training and suspension of language differential payments for employees receiving such payments who have failed to maintain required levels of proficiency. (b) Repeal.— Section 164 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4001 note; Public Law 101–246) is repealed. SEC. 192. DESIGNATION OF FOREIGN LANGUAGE RESOURCES COORDINATOR (a) Policy.— It is the sense of the Congress that— (1) the Department of State, by virtue of the Secretary’s overall responsibility under section 701(a) of the Foreign Service Act of 1980 (22 U.S.C. 4011(a)) for training and instruction in the field of foreign relations to meet the needs of all Federal agencies, should take the lead in this interagency effort; and (2) in order to promote efficiency and quality in the training provided by the Secretary of State and other Federal agencies, the Secretary should call upon other agencies to share in the joint management and coordination of Federal foreign language resources. (b) Foreign Language Resources Coordinator.— (1) The Secretary of State should appoint a Foreign Language Resources Coordinator (in this subsection referred to as the “Coordinator”) who shall be responsible— (A) for coordinating the efforts of the appropriate agencies of Government— (i) to strengthen mechanisms for sharing of foreign language resources; and (ii) to identify Federal foreign language resource requirements in the areas of diplomacy, military preparedness, international security, and other foreign policy objectives; and (B) for making recommendations to the Secretary of State as to which Federal foreign language assets, if any, should be made available to the private sector in support of national global economic competitiveness goals. (2) All appropriate United States Government agencies maintaining and utilizing Federal foreign language training and related resources shall cooperate fully with any Coordinator. SEC. 193. FOREIGN LANGUAGE SERVICES. (a) Surcharge for Certain Foreign Language Services.— Notwithstanding any other provision of law, the Secretary of State is authorized to require the payment of an appropriate fee, surcharge, or reimbursement for providing other Federal agencies with foreign language translation and interpretation services. (b) Use of Funds.— Funds collected under the authority of subsection (a) shall be deposited as an offsetting collection to any Department of State appropriation to recover the cost of providing translation or interpretation services in any foreign language. Such funds may remain available until expended.

    Effective date note
    Amendment by section 162(k)(4) of Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title.

13. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 162(k)(4) · 108 Stat. 382

    Redesignated · 22 U.S.C. § 2669(l); 22 U.S.C. § 2669(m)

    Pub. L. 103–236, § 162(k)(4), redesignated subsec. (l) relating to paying obligations arising under international agreements, conventions, and binational contracts as (m)

    Source evidence

    Code amendment note
    Subsecs. (l), (m). Pub. L. 103–236, § 162(k)(4), redesignated subsec. (l) relating to paying obligations arising under international agreements, conventions, and binational contracts as (m).

    Enacted provision · exact public law section
    (4) Section 2 of the State Department Basic Authorities Act of 1956 is amended by striking “(1) pay” and inserting “(m) pay”. 22 USC 2669.

    Effective date note
    Amendment by section 162(k)(4) of Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of this title.

14. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title VIII § 833 · 115 Stat. 1012

    Added · 22 U.S.C. § 2669(n)

    Pub. L. 107–107 added subsec. (n)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 107–107 added subsec. (n).

    Enacted provision · exact public law section
    SEC. 833. PERSONAL SERVICES CONTRACTS TO BE PERFORMED BY INDIVIDUALS OR ORGANIZATIONS ABROAD. Section 2 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669) is amended by adding at the end the following: “(n) exercise the authority provided in subsection (c), upon the request of the Secretary of Defense or the head of any other department or agency of the United States, to enter into personal service contracts with individuals to perform services in support of the Department of Defense or such other department or agency, as the case may be.”.

15. 2004

    Department of State and Related Agency Appropriations Act, 2005

    Pub. L. 108–447 § 413(b)(1) · 118 Stat. 2809

    Struck · 22 U.S.C. § 2669(k)

    Pub. L. 108–447, § 413(b)(1), which directed the striking out of “and”, was executed by striking out “and” after semicolon, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 108–447, § 413(b)(1), which directed the striking out of “and”, was executed by striking out “and” after semicolon, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (1) in subsection (k), by striking “and”;

16. 2004

    Department of State and Related Agency Appropriations Act, 2005

    Pub. L. 108–447 § 413(b)(3) · 118 Stat. 2809

    Substituted · 22 U.S.C. § 2669(l)

    Pub. L. 108–447, § 413(b)(3), substituted semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 108–447, § 413(b)(3), substituted semicolon for period at end.

    Enacted provision · exact public law section
    (3) in subsections (l) and (m), by striking the period at the end of each subsection and inserting a semicolon; and

17. 2004

    Department of State and Related Agency Appropriations Act, 2005

    Pub. L. 108–447 § 413(b)(2) · 118 Stat. 2809

    Substituted · 22 U.S.C. § 2669(m)

    Pub. L. 108–447, § 413(b)(2), (3), transferred subsec. (m) to appear after subsec. (l) and substituted semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 108–447, § 413(b)(2), (3), transferred subsec. (m) to appear after subsec. (l) and substituted semicolon for period at end.

    Enacted provision · exact public law section
    (2) by transferring subsection (m) within such section to appear after subsection (l);

18. 2004

    Department of State and Related Agency Appropriations Act, 2005

    Pub. L. 108–447 § 413(b)(4) · 118 Stat. 2809

    Substituted · 22 U.S.C. § 2669(n)

    Pub. L. 108–447, § 413(b)(4), substituted “; and” for period at end

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 108–447, § 413(b)(4), substituted “; and” for period at end.

    Enacted provision · exact public law section
    (4) in subsection (n), by striking the period at the end and inserting a semicolon and “and”.

19. 2004

    Department of State and Related Agency Appropriations Act, 2005

    Pub. L. 108–447 § 413(a) · 118 Stat. 2809

    Added · 22 U.S.C. § 2669(o)

    Pub. L. 108–447, § 413(a), added subsec. (o)

    Source evidence

    Code amendment note
    Subsec. (o). Pub. L. 108–447, § 413(a), added subsec. (o).

    Enacted provision · exact public law section
    (a) Section 2 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2669) is amended by adding at the end the following: “(o) make administrative corrections or adjustments to an employee’s pay, allowances, or differentials, resulting from mistakes or retroactive personnel actions, as well as provide back pay and other categories of payments under section 5596 of title 5, United States Code, as part of the settlement or compromise of administrative claims or grievances filed against the Department.” .

16 of 19 references resolved to an enrolled provision · 3 partial