§ 2776. Reports and certifications to Congress on military exports

Footnotes

1. 1 See References in Text note below.

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. 1968

   The Foreign Military Sales Act

   Pub. L. 90–629 · 82 Stat. 1320

   Enacted · 22 U.S.C. § 2776

   Pub. L. 90–629, ch. 3, § 36, Oct. 22, 1968, 82 Stat. 1326

   Source evidence

   Code source credit
   Pub. L. 90–629, ch. 3, § 36, Oct. 22, 1968, 82 Stat. 1326

2. 1973

   Foreign Assistance Act of 1973

   Pub. L. 93–189 § 25(10) · 87 Stat. 714

   Struck · 22 U.S.C. § 2776

   Pub. L. 93–189 struck out subsec. (a) which required the Secretary of State to transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate semiannual reports of all exports of significant defense articles on the United States munitions list to foreign governments, etc., and subsec. (b) which provided for the inclusion in the presentation material submitted to the Congress during consideration of amendments to this chapter or Acts appropriating funds under authority of this chapter annual tables showing the dollar value of cash and credit foreign military sales orders, commitments to order, etc

   Source evidence

   Code amendment note
   Pub. L. 93–189 struck out subsec. (a) which required the Secretary of State to transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate semiannual reports of all exports of significant defense articles on the United States munitions list to foreign governments, etc., and subsec. (b) which provided for the inclusion in the presentation material submitted to the Congress during consideration of amendments to this chapter or Acts appropriating funds under authority of this chapter annual tables showing the dollar value of cash and credit foreign military sales orders, commitments to order, etc.

   Enacted provision · exact public law section
   (10) In section 36, strike out subsections (a) and (b).

3. 1974

   Pub. L. 93–559 § 45(a)(5) · 88 Stat. 1795

   Added · 22 U.S.C. § 2776(a); 22 U.S.C. § 2776(b)

   Pub. L. 93–559 added subsecs. (a) and (b)

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 93–559 added subsecs. (a) and (b).

   Enacted provision · exact public law section
   (5) Section 35(b) is repealed, and section 36 is amended by inserting Repeal. 22 USC 2775, 2776. Sale of defense articles or services, reports to Speaker of the House and congressional committee. before subsection (c) the following new subsections: “(a) The President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate quarterly reports containing— “(1) a llsting of all letters of offer to sell any defense articles or services under this Act, if such offer has not been accepted or canceled; “(2) a cumulative listing of all such letters of offer to sell that have been accepted during the fiscal year in which such report is submitted; “(3) the cumulative dollar amounts, by foreign country and international organization, of credit sales under section 23 and 22 USC 2763. guaranty agreements under section 24 made before the submission of such quarterly report and during the fiscal year in which such report is submitted; and “(4) projections of the cumulative dollar amounts, by foreign country and international organization, of credit sales under section 23 and guaranty agreements under section 24 to be made in the quarter of the fiscal year immediately following the quarter for which such report is submitted. For each letter of offer to sell under paragraphs (1) and (2), the report shall specify (A) the foreign country or international organization to which the defense article or service is offered, (B) the dollar amount of the offer to sell under paragraph (1) or of the completed sale under paragraph (2), (C) a brief description of the defense article or service offered, (D) the United States armed force which is making the offer to sell, (E) the date of such offer, and (F) the date of any acceptance under paragraph (2). “(b) In the case of any letter of offer to sell any defense articles or Presidential statement, submittal to Speaker of the House and congressional committee. services under this Act for $25,000,000 or more, before issuing such letter of offer the President shall submit to the Speaker of the House of Representatives and to the Chairman of the Committee on Foreign Relations of the Senate a statement with respect to such offer to sell containing the information specified in subparagraphs (A) through (E) in subsection (a). The letter of offer shall not be issued if the Congress, within twenty calendar days after receiving any such statement, adopts a concurrent resolution stating in effect that it objects to such proposed sale, unless the President in his statement certifies that an emergency exists which requires such sale in the national security interests of the United States.”

4. 1976

   International Security Assistance and Arms Export Control Act of 1976

   Pub. L. 94–329 title II § 211(a) · 90 Stat. 729

   Changed · 22 U.S.C. § 2776(a)

   Pub. L. 94–329, §§ 211(a), 604(a)(1), expanded existing provisions to provide for increased comprehensiveness of the quarterly reports on sales of defense articles or defense services, whether through governmental channels or commercial channels

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–329, §§ 211(a), 604(a)(1), expanded existing provisions to provide for increased comprehensiveness of the quarterly reports on sales of defense articles or defense services, whether through governmental channels or commercial channels.

   Enacted provision · exact public law section
   (a) Section 36 of the Foreign Military Sales Act is amended to read as follows: “Sec. 36. Reports on Commercial and Governmental Military Exports; Congressional Action.— (a) The President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate not more than thirty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such, addendum unless such letter of offer has been the subject of an unclassified certification Contents. pursuant to subsection (b)(1) of this section) containing— “(1) a listing of all letters of offer to sell any major defense equipment for $1,006,000 or more under this Act to each foreign country and international organization, by category, if such letter’s of offer have not been accepts or canceled; “(2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year; “(3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under section 23 and guaranty agreements under section 24 made during the 22 USC 2763, 2764. fiscal year in which such report is submitted; “(4) a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment, by category, sold for $1,000,000 or more, together with the total value of all defense, articles and defense services so licensed for each foreign country and international organization, setting forth with respect to the listed major defense equipment— “(A) the items to be exported under the license, “(B) the quantity and contract price of each such item to be furnished, and “(C) the name and address of the ultimate user of each such item; “(5) projections of the dollar amounts, by foreign country and international organization, of cash sales expected to be made under sections 21 and 22, credits to be extended under section 23, 22 USC 2761, 2762. and guaranty agreements to lie made under section 24 in the quarter of the fiscal year immediately following the quarter for which such report is submitted; “(6) a projection with respect to all cash sales expected to be made and credits expected to be extended to each country and organization for the remainder of the fiscal year in which such report is transmitted; “(7) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel present in each such country at the end of that quarter for assignments in implementation of sales and commercial exports under this Act; and “(8) an analysis and description of the services being performed by officers and employees of the United States Government under section 21(a) of this Act, including the number of personnel so employed. For each letter of offer to sell under paragraphs (1) and (2), the report, shall specify (i) the foreign country or international organization to which the defense article or service is offered or was sold, as the case may be; (ii) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (iii) a description of the defense article or service offered or sold, as the case may be; and (iv) the United States Armed Force or other agency of the United States which is making the offer to sell or the sale, as the case may be. “(b) (1) In the case of any letter of offer to sell any defense articles Certification, submittal to Speaker of the House and congressional committee. or services under this Act for $25,000,000 or more, or any major defense equipment for $7,000,000 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through Statement, transmittal to congressional committee. (iv) of subsection (a). In addition, the President shall, upon the request of subcommittee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request— “(A) a detailed description of the defense articles or services to be offered, including a brief description of the capabilities of any defense article to be offered; “(B) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale; “(C) the name of each contractor expected to provide the defense article or defense service proposed to be sold (if known on the date of transmittal of such statement); “(D) an analysis of the arms control impact pertinent to such offer to sell, prepared in consultation with the Secretary of Defense; “(E) the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles or services which are the subject of such sale and a description of how such country or organization intends to use such defense articles or services; “(F) an analysis by the President of the impact of the proposed sale on the military stocks and the military preparedness of the United States; “(G) the reasons why the proposed sale is in the national interest of the United States; “(H) an analysis by the President of the impact of the proposed sale on the military capabilities of the foreign country or international organization to winch such sale would be made; “(I) an analysis by the President of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles or services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles or services; “(J) an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles or services proposed to be sold; “(K) an analysis of the extent to which comparable kinds and amounts of defense articles or services are available from other countries; “(L) an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles or services which are the subject of such sale would be delivered; and “(M) a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisition by the United States of defense articles, services, or equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consideration for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment, to the United States, an estimate of the costs to be incurred by the United States in connection with such agreement compared with costs which would otherwise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement. A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (ii) and the details of the description specified in clause (iii) of subsection (a) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. The letter of offer shall not be issued if the Congress, within thirty calendar days after receiving such certification, adopts a concurrent resolution stating that it objects to the proposed sale, unless the President states in his certification that an emergency exists which inquires such sale in the national security interests of the United States. “(2) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. Post, p, 765. “(3) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. “(c) In the case of an application by a person (other than with Certification, transmittal to Speaker of the House and congressional committee. 22 USC 2761, 2762. regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense equipment sold under a contract in the amount of $7,000,000 or more or of defense articles or defense services sold under a contract in the amount of $25,000,000 or more, not less than 30 days before issuing such license the President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (1) the foreign country or international organization to which such export, will be made, (2) the dollar amount of the items to be exported, and (3) a description of the items to be exported. In Statement, transmittal to congressional committees. addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request, a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. A certification transmitted pursuant to this subsection shall lie unclassified, except that the information specified in paragraph (2) and the details of the description specified in paragraph (3) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. “(d) In the case of an approval under section 38 of this Act of a Post, p. 744. United States commercial technical assistance, or manufacturing licensing agreement for or in a country not a member of the North Atlantic Treaty Organization which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commercial agreement in a manner similar to the certification required under subsection (c) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to this subsection.”.

5. 1976

   International Security Assistance and Arms Export Control Act of 1976

   Pub. L. 94–329 title II § 211(a) · 90 Stat. 729

   Inserted · 22 U.S.C. § 2776(b)

   Pub. L. 94–329, §§ 211(a), 604(a)(2), increased from 20 days to 30 days the period allowed Congress to reject a proposed offer to sell defense articles or defense services and inserted provisions covering any major defense equipment for $7,000,000 or more, requiring additional information with respect to any letter of offer to sell defense articles or defense services if requested by Congress and requiring that a certification be transmitted pursuant to this subsection in unclassified form unless public disclosure would be detrimental to the United States

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–329, §§ 211(a), 604(a)(2), increased from 20 days to 30 days the period allowed Congress to reject a proposed offer to sell defense articles or defense services and inserted provisions covering any major defense equipment for $7,000,000 or more, requiring additional information with respect to any letter of offer to sell defense articles or defense services if requested by Congress and requiring that a certification be transmitted pursuant to this subsection in unclassified form unless public disclosure would be detrimental to the United States.

   Enacted provision · exact public law section
   (a) Section 36 of the Foreign Military Sales Act is amended to read as follows: “Sec. 36. Reports on Commercial and Governmental Military Exports; Congressional Action.— (a) The President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate not more than thirty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such, addendum unless such letter of offer has been the subject of an unclassified certification Contents. pursuant to subsection (b)(1) of this section) containing— “(1) a listing of all letters of offer to sell any major defense equipment for $1,006,000 or more under this Act to each foreign country and international organization, by category, if such letter’s of offer have not been accepts or canceled; “(2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year; “(3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under section 23 and guaranty agreements under section 24 made during the 22 USC 2763, 2764. fiscal year in which such report is submitted; “(4) a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment, by category, sold for $1,000,000 or more, together with the total value of all defense, articles and defense services so licensed for each foreign country and international organization, setting forth with respect to the listed major defense equipment— “(A) the items to be exported under the license, “(B) the quantity and contract price of each such item to be furnished, and “(C) the name and address of the ultimate user of each such item; “(5) projections of the dollar amounts, by foreign country and international organization, of cash sales expected to be made under sections 21 and 22, credits to be extended under section 23, 22 USC 2761, 2762. and guaranty agreements to lie made under section 24 in the quarter of the fiscal year immediately following the quarter for which such report is submitted; “(6) a projection with respect to all cash sales expected to be made and credits expected to be extended to each country and organization for the remainder of the fiscal year in which such report is transmitted; “(7) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel present in each such country at the end of that quarter for assignments in implementation of sales and commercial exports under this Act; and “(8) an analysis and description of the services being performed by officers and employees of the United States Government under section 21(a) of this Act, including the number of personnel so employed. For each letter of offer to sell under paragraphs (1) and (2), the report, shall specify (i) the foreign country or international organization to which the defense article or service is offered or was sold, as the case may be; (ii) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (iii) a description of the defense article or service offered or sold, as the case may be; and (iv) the United States Armed Force or other agency of the United States which is making the offer to sell or the sale, as the case may be. “(b) (1) In the case of any letter of offer to sell any defense articles Certification, submittal to Speaker of the House and congressional committee. or services under this Act for $25,000,000 or more, or any major defense equipment for $7,000,000 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through Statement, transmittal to congressional committee. (iv) of subsection (a). In addition, the President shall, upon the request of subcommittee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request— “(A) a detailed description of the defense articles or services to be offered, including a brief description of the capabilities of any defense article to be offered; “(B) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale; “(C) the name of each contractor expected to provide the defense article or defense service proposed to be sold (if known on the date of transmittal of such statement); “(D) an analysis of the arms control impact pertinent to such offer to sell, prepared in consultation with the Secretary of Defense; “(E) the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles or services which are the subject of such sale and a description of how such country or organization intends to use such defense articles or services; “(F) an analysis by the President of the impact of the proposed sale on the military stocks and the military preparedness of the United States; “(G) the reasons why the proposed sale is in the national interest of the United States; “(H) an analysis by the President of the impact of the proposed sale on the military capabilities of the foreign country or international organization to winch such sale would be made; “(I) an analysis by the President of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles or services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles or services; “(J) an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles or services proposed to be sold; “(K) an analysis of the extent to which comparable kinds and amounts of defense articles or services are available from other countries; “(L) an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles or services which are the subject of such sale would be delivered; and “(M) a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisition by the United States of defense articles, services, or equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consideration for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment, to the United States, an estimate of the costs to be incurred by the United States in connection with such agreement compared with costs which would otherwise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement. A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (ii) and the details of the description specified in clause (iii) of subsection (a) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. The letter of offer shall not be issued if the Congress, within thirty calendar days after receiving such certification, adopts a concurrent resolution stating that it objects to the proposed sale, unless the President states in his certification that an emergency exists which inquires such sale in the national security interests of the United States. “(2) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. Post, p, 765. “(3) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. “(c) In the case of an application by a person (other than with Certification, transmittal to Speaker of the House and congressional committee. 22 USC 2761, 2762. regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense equipment sold under a contract in the amount of $7,000,000 or more or of defense articles or defense services sold under a contract in the amount of $25,000,000 or more, not less than 30 days before issuing such license the President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (1) the foreign country or international organization to which such export, will be made, (2) the dollar amount of the items to be exported, and (3) a description of the items to be exported. In Statement, transmittal to congressional committees. addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request, a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. A certification transmitted pursuant to this subsection shall lie unclassified, except that the information specified in paragraph (2) and the details of the description specified in paragraph (3) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. “(d) In the case of an approval under section 38 of this Act of a Post, p. 744. United States commercial technical assistance, or manufacturing licensing agreement for or in a country not a member of the North Atlantic Treaty Organization which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commercial agreement in a manner similar to the certification required under subsection (c) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to this subsection.”.

6. 1976

   International Security Assistance and Arms Export Control Act of 1976

   Pub. L. 94–329 § 211(a) · 90 Stat. 729

   Substituted · 22 U.S.C. § 2776(c)

   Pub. L. 94–329, § 211(a), substituted provisions relating to application by person for license for export of any major defense equipment sold and contracted for $7,000,000 or more or defense articles or defense services for $25,000,000 or more, requiring the President to transmit to Congress an unclassified numbered certification with respect to such application, for provisions construing this section as not modifying in any way section 1934 of this title

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–329, § 211(a), substituted provisions relating to application by person for license for export of any major defense equipment sold and contracted for $7,000,000 or more or defense articles or defense services for $25,000,000 or more, requiring the President to transmit to Congress an unclassified numbered certification with respect to such application, for provisions construing this section as not modifying in any way section 1934 of this title.

   Enacted provision · exact public law section
   (a) Section 36 of the Foreign Military Sales Act is amended to read as follows: “Sec. 36. Reports on Commercial and Governmental Military Exports; Congressional Action.— (a) The President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate not more than thirty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such, addendum unless such letter of offer has been the subject of an unclassified certification Contents. pursuant to subsection (b)(1) of this section) containing— “(1) a listing of all letters of offer to sell any major defense equipment for $1,006,000 or more under this Act to each foreign country and international organization, by category, if such letter’s of offer have not been accepts or canceled; “(2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year; “(3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under section 23 and guaranty agreements under section 24 made during the 22 USC 2763, 2764. fiscal year in which such report is submitted; “(4) a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment, by category, sold for $1,000,000 or more, together with the total value of all defense, articles and defense services so licensed for each foreign country and international organization, setting forth with respect to the listed major defense equipment— “(A) the items to be exported under the license, “(B) the quantity and contract price of each such item to be furnished, and “(C) the name and address of the ultimate user of each such item; “(5) projections of the dollar amounts, by foreign country and international organization, of cash sales expected to be made under sections 21 and 22, credits to be extended under section 23, 22 USC 2761, 2762. and guaranty agreements to lie made under section 24 in the quarter of the fiscal year immediately following the quarter for which such report is submitted; “(6) a projection with respect to all cash sales expected to be made and credits expected to be extended to each country and organization for the remainder of the fiscal year in which such report is transmitted; “(7) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel present in each such country at the end of that quarter for assignments in implementation of sales and commercial exports under this Act; and “(8) an analysis and description of the services being performed by officers and employees of the United States Government under section 21(a) of this Act, including the number of personnel so employed. For each letter of offer to sell under paragraphs (1) and (2), the report, shall specify (i) the foreign country or international organization to which the defense article or service is offered or was sold, as the case may be; (ii) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (iii) a description of the defense article or service offered or sold, as the case may be; and (iv) the United States Armed Force or other agency of the United States which is making the offer to sell or the sale, as the case may be. “(b) (1) In the case of any letter of offer to sell any defense articles Certification, submittal to Speaker of the House and congressional committee. or services under this Act for $25,000,000 or more, or any major defense equipment for $7,000,000 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through Statement, transmittal to congressional committee. (iv) of subsection (a). In addition, the President shall, upon the request of subcommittee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request— “(A) a detailed description of the defense articles or services to be offered, including a brief description of the capabilities of any defense article to be offered; “(B) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale; “(C) the name of each contractor expected to provide the defense article or defense service proposed to be sold (if known on the date of transmittal of such statement); “(D) an analysis of the arms control impact pertinent to such offer to sell, prepared in consultation with the Secretary of Defense; “(E) the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles or services which are the subject of such sale and a description of how such country or organization intends to use such defense articles or services; “(F) an analysis by the President of the impact of the proposed sale on the military stocks and the military preparedness of the United States; “(G) the reasons why the proposed sale is in the national interest of the United States; “(H) an analysis by the President of the impact of the proposed sale on the military capabilities of the foreign country or international organization to winch such sale would be made; “(I) an analysis by the President of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles or services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles or services; “(J) an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles or services proposed to be sold; “(K) an analysis of the extent to which comparable kinds and amounts of defense articles or services are available from other countries; “(L) an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles or services which are the subject of such sale would be delivered; and “(M) a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisition by the United States of defense articles, services, or equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consideration for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment, to the United States, an estimate of the costs to be incurred by the United States in connection with such agreement compared with costs which would otherwise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement. A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (ii) and the details of the description specified in clause (iii) of subsection (a) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. The letter of offer shall not be issued if the Congress, within thirty calendar days after receiving such certification, adopts a concurrent resolution stating that it objects to the proposed sale, unless the President states in his certification that an emergency exists which inquires such sale in the national security interests of the United States. “(2) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. Post, p, 765. “(3) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. “(c) In the case of an application by a person (other than with Certification, transmittal to Speaker of the House and congressional committee. 22 USC 2761, 2762. regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense equipment sold under a contract in the amount of $7,000,000 or more or of defense articles or defense services sold under a contract in the amount of $25,000,000 or more, not less than 30 days before issuing such license the President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (1) the foreign country or international organization to which such export, will be made, (2) the dollar amount of the items to be exported, and (3) a description of the items to be exported. In Statement, transmittal to congressional committees. addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request, a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. A certification transmitted pursuant to this subsection shall lie unclassified, except that the information specified in paragraph (2) and the details of the description specified in paragraph (3) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. “(d) In the case of an approval under section 38 of this Act of a Post, p. 744. United States commercial technical assistance, or manufacturing licensing agreement for or in a country not a member of the North Atlantic Treaty Organization which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commercial agreement in a manner similar to the certification required under subsection (c) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to this subsection.”.

7. 1976

   International Security Assistance and Arms Export Control Act of 1976

   Pub. L. 94–329 § 211(a) · 90 Stat. 729

   Added · 22 U.S.C. § 2776(d)

   Pub. L. 94–329, § 211(a), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 94–329, § 211(a), added subsec. (d).

   Enacted provision · exact public law section
   (a) Section 36 of the Foreign Military Sales Act is amended to read as follows: “Sec. 36. Reports on Commercial and Governmental Military Exports; Congressional Action.— (a) The President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate not more than thirty days after the end of each quarter an unclassified report (except that any material which was transmitted in classified form under subsection (b)(1) or (c)(1) of this section may be contained in a classified addendum to such report, and any letter of offer referred to in paragraph (1) of this subsection may be listed in such, addendum unless such letter of offer has been the subject of an unclassified certification Contents. pursuant to subsection (b)(1) of this section) containing— “(1) a listing of all letters of offer to sell any major defense equipment for $1,006,000 or more under this Act to each foreign country and international organization, by category, if such letter’s of offer have not been accepts or canceled; “(2) a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted, together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year; “(3) the cumulative dollar amounts, by foreign country and international organization, of sales credit agreements under section 23 and guaranty agreements under section 24 made during the 22 USC 2763, 2764. fiscal year in which such report is submitted; “(4) a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment, by category, sold for $1,000,000 or more, together with the total value of all defense, articles and defense services so licensed for each foreign country and international organization, setting forth with respect to the listed major defense equipment— “(A) the items to be exported under the license, “(B) the quantity and contract price of each such item to be furnished, and “(C) the name and address of the ultimate user of each such item; “(5) projections of the dollar amounts, by foreign country and international organization, of cash sales expected to be made under sections 21 and 22, credits to be extended under section 23, 22 USC 2761, 2762. and guaranty agreements to lie made under section 24 in the quarter of the fiscal year immediately following the quarter for which such report is submitted; “(6) a projection with respect to all cash sales expected to be made and credits expected to be extended to each country and organization for the remainder of the fiscal year in which such report is transmitted; “(7) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel present in each such country at the end of that quarter for assignments in implementation of sales and commercial exports under this Act; and “(8) an analysis and description of the services being performed by officers and employees of the United States Government under section 21(a) of this Act, including the number of personnel so employed. For each letter of offer to sell under paragraphs (1) and (2), the report, shall specify (i) the foreign country or international organization to which the defense article or service is offered or was sold, as the case may be; (ii) the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold, as the case may be; (iii) a description of the defense article or service offered or sold, as the case may be; and (iv) the United States Armed Force or other agency of the United States which is making the offer to sell or the sale, as the case may be. “(b) (1) In the case of any letter of offer to sell any defense articles Certification, submittal to Speaker of the House and congressional committee. or services under this Act for $25,000,000 or more, or any major defense equipment for $7,000,000 or more, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through Statement, transmittal to congressional committee. (iv) of subsection (a). In addition, the President shall, upon the request of subcommittee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request— “(A) a detailed description of the defense articles or services to be offered, including a brief description of the capabilities of any defense article to be offered; “(B) an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel expected to be needed in such country to carry out the proposed sale; “(C) the name of each contractor expected to provide the defense article or defense service proposed to be sold (if known on the date of transmittal of such statement); “(D) an analysis of the arms control impact pertinent to such offer to sell, prepared in consultation with the Secretary of Defense; “(E) the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles or services which are the subject of such sale and a description of how such country or organization intends to use such defense articles or services; “(F) an analysis by the President of the impact of the proposed sale on the military stocks and the military preparedness of the United States; “(G) the reasons why the proposed sale is in the national interest of the United States; “(H) an analysis by the President of the impact of the proposed sale on the military capabilities of the foreign country or international organization to winch such sale would be made; “(I) an analysis by the President of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles or services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles or services; “(J) an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles or services proposed to be sold; “(K) an analysis of the extent to which comparable kinds and amounts of defense articles or services are available from other countries; “(L) an analysis of the impact of the proposed sale on United States relations with the countries in the region to which the defense articles or services which are the subject of such sale would be delivered; and “(M) a detailed description of any agreement proposed to be entered into by the United States for the purchase or acquisition by the United States of defense articles, services, or equipment, or other articles, services, or equipment of the foreign country or international organization in connection with, or as consideration for, such letter of offer, including an analysis of the impact of such proposed agreement upon United States business concerns which might otherwise have provided such articles, services, or equipment, to the United States, an estimate of the costs to be incurred by the United States in connection with such agreement compared with costs which would otherwise have been incurred, an estimate of the economic impact and unemployment which would result from entering into such proposed agreement, and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement. A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (ii) and the details of the description specified in clause (iii) of subsection (a) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. The letter of offer shall not be issued if the Congress, within thirty calendar days after receiving such certification, adopts a concurrent resolution stating that it objects to the proposed sale, unless the President states in his certification that an emergency exists which inquires such sale in the national security interests of the United States. “(2) Any such resolution shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. Post, p, 765. “(3) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. “(c) In the case of an application by a person (other than with Certification, transmittal to Speaker of the House and congressional committee. 22 USC 2761, 2762. regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense equipment sold under a contract in the amount of $7,000,000 or more or of defense articles or defense services sold under a contract in the amount of $25,000,000 or more, not less than 30 days before issuing such license the President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (1) the foreign country or international organization to which such export, will be made, (2) the dollar amount of the items to be exported, and (3) a description of the items to be exported. In Statement, transmittal to congressional committees. addition, the President shall, upon the request of such committee or the Committee on International Relations of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request, a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense. A certification transmitted pursuant to this subsection shall lie unclassified, except that the information specified in paragraph (2) and the details of the description specified in paragraph (3) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States. “(d) In the case of an approval under section 38 of this Act of a Post, p. 744. United States commercial technical assistance, or manufacturing licensing agreement for or in a country not a member of the North Atlantic Treaty Organization which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commercial agreement in a manner similar to the certification required under subsection (c) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to this subsection.”.

8. 1978

   Pub. L. 95–384 § 21 · 92 Stat. 730

   1. Substituted · 22 U.S.C. § 2776(b)(1)(D)(N)(P)

      Pub. L. 95–384 in subpar. (D) substituted provisions requiring an evaluation relating to the proposed sale to be prepared by the Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense for provisions requiring an analysis of the arms control impact pertinent to the offer to sell prepared in consultation with the Secretary of Defense

   2. Added · 22 U.S.C. § 2776(b)(1)(D)(N)(P)

      Pub. L. 95–384 in subpar. (D) added subpars. (N) to (P)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(D), (N) to (P). Pub. L. 95–384 in subpar. (D) substituted provisions requiring an evaluation relating to the proposed sale to be prepared by the Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense for provisions requiring an analysis of the arms control impact pertinent to the offer to sell prepared in consultation with the Secretary of Defense and added subpars. (N) to (P).

   Enacted provision · exact public law section
   Sec. 21. Section 36(b)(1) of the Arms Export Control Act is 22 USC 2776. amended— (1) by amending subparagraph (D) to read as follows: “(D) an evaluation, prepared by the Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense, of the manner, if any, in which the proposed sale would— “(i) contribute to an arms race; “(ii) increase the possibility of an outbreak or escalation of conflict; “(iii) prejudice the negotiation of any arms controls; or “(iv) adversely affect the arms control policy of the United States;”; (2) by striking out “and” at the end of subparagraph (L); (3) by striking out the period at the end of subparagraph (M) and inserting in lieu thereof a semicolon; and (4) by inserting immediately after subparagraph (M) the following new subparagraphs: “(N) the projected delivery dates of the defense articles to be offered; “(O) a detailed description of weapons and levels of munitions that may be required as support for the proposed sale; and “(P) an analysis of the relationship of the proposed sale to projected procurements of the same item.”.

9. 1979

   Pub. L. 96–92 § 19(a) · 93 Stat. 701

   Struck · 22 U.S.C. § 2776(a)

   Pub. L. 96–92, § 19(a), increased to sixty from thirty days the period for submission of the President’s report at end of each quarter and struck out par. (9) which required that the report contain an analysis and description of the services of Federal personnel under provisions relating to sales from stock, including numbers employed

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–92, § 19(a), increased to sixty from thirty days the period for submission of the President’s report at end of each quarter and struck out par. (9) which required that the report contain an analysis and description of the services of Federal personnel under provisions relating to sales from stock, including numbers employed.

   Enacted provision · exact public law section
   (a) Section 36(a) of the Arms Export Control Act is 22 USC 2776. amended— (1) by striking out “thirty” in the text preceding paragraph (1) and inserting in lieu thereof “sixty”; (2) by inserting “and” immediately after the semicolon at the end of paragraph (7); (3) by striking out “; and” at the end of paragraph (8) and inserting in lieu thereof a period; and (4) by striking out paragraph (9).

10. 1979

    Pub. L. 96–92 · 93 Stat. 701

    Changed · 22 U.S.C. § 2776(b)(1)

    Pub. L. 96–92, §§ 19(c), 20(b), required executive emergency justification statement and the numbered certifications to contain an item, classified if necessary, identifying the sensitivity of technology contained in the defense articles or defense services proposed to be sold

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–92, §§ 19(c), 20(b), required executive emergency justification statement and the numbered certifications to contain an item, classified if necessary, identifying the sensitivity of technology contained in the defense articles or defense services proposed to be sold.

11. 1979

    Pub. L. 96–92 § 16(b) · 93 Stat. 701

    Added · 22 U.S.C. § 2776(b)(4)

    Pub. L. 96–92, § 16(b), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 96–92, § 16(b), added par. (4).

    Enacted provision · exact public law section
    (b) Section 36(b) of such Act is amended by adding at the end thereof the following new paragraph: “(4) In addition to the other information required to be contained in a certification submitted to the Congress under this subsection, each such certification shall cite any quarterly report submitted pursuant Supra. to section 28 of this Act which listed a price and availability estimate, or a request for the issuance of a letter of offer, which was a basis for the proposed sale which is the subject of such certification.”.

12. 1980

    International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 title I · 94 Stat. 3131

    Added · 22 U.S.C. § 2776(a)(9); 22 U.S.C. § 2776(a)(10)

    Pub. L. 96–533, §§ 105(c), 109(f), added pars. (9) and (10)

    Source evidence

    Code amendment note
    Subsec. (a)(9), (10). Pub. L. 96–533, §§ 105(c), 109(f), added pars. (9) and (10).

    Enacted provision · exact public law
    TITLE I— MILITARY AND RELATED ASSISTANCE AND SALES PROGRAMS Sec. 101. third country transfers (a) (1) Section 3(d) of the Arms Export Control Act is 22 USC 2753. amended— (A) by redesignating existing paragraph (3) as paragraph (4); and (B) by inserting the following new paragraph (3) immediately after paragraph (2): “(3) The President may not give his consent to the transfer to a Report to Congress. third country of a defense article or a defense service valued (in terms of its original acquisition costs) at $25,000,000 or more, or of major defense equipment valued (in terms of its original acquisition costs) at $7,000,000 or more, the export of which has been licensed or approved under section 38 of this Act, unless at least 30 calendar days before 22 USC 2778. giving such consent the President submits to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report containing the information specified in subparagraphs (A) through (E) of paragraph (1).”. (2) Such section is further amended— (A) in the last sentence of paragraph (1) by striking out “subsection” and inserting in lieu thereof “paragraph”; and (B) in paragraph (2) by inserting “paragraph (1) of” immediately before “this subsection”. (b) Paragraph (4) of section 3(d) of such Act, as so redesignated by subsection (a)(1)(A) of this section, is amended— (1) by striking out “or” at the end of subparagraph (B); (2) by striking out the period at the end of clause (ii) of subparagraph (C) and inserting in lieu thereof or”; and (3) by adding at the end thereof the following new subparagraph: “(D) to transfers to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, of any major defense equipment valued (in terms of its original acquisition cost) at less than $7,000,000 or of any defense article or related training or other defense service valued (in terms of its original acquisition cost) at less than $25,000,000.”. Sec. 102. performance of defense services Section 21(c) of the Arms Export Control Act is amended— (1) by striking out “training, advising, or otherwise providing assistance regarding combat activities” and inserting in lieu thereof “training and advising that may engage United States personnel in combat activities”; (2) by inserting “(1)” immediately after “(c)”; and (3) by adding at the end thereof the following: “(2) Within 48 hours after the outbreak of significant hostilities involving a country in which United States personnel are performing defense services pursuant to this Act or the Foreign Assistance Act of 22 USC 2151 note. 1961, the President shall submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, setting forth— “(A) the identity of such country and a description of such hostilities; and “(B) the number of members of the United States Armed Forces and the number of United States civilian personnel performing defense services related to such hostilities in such country, their location, the precise nature of their activities, and the likelihood of their becoming engaged in or endangered by hostilities.”. Sec. 103. reciprocal training agreements Section 21(g) of the Arms Export Control Act is amended by striking out “In carrying out section 814 of the Act of October 7, 10 USC 2451 note. 1975 (Public Law 94–106), the President may enter into North Atlantic Treaty Organization standardization agreements” and inserting in lieu thereof “The President may enter into North Atlantic Treaty Organization standardization agreements in carrying out section 814 of the Act of October 7, 1975 (Public Law 94–106), and may enter into similar agreements with Japan, Australia, and New Zealand,”. Sec. 104. guaranty reserve (a) Section 24(c) of the Arms Export Control Act is amended to read as follows: “(c) Funds obligated under this section before the date of enactment of the International Security and Development Cooperation Act Ante, p. 3131. of 1980 which constitute a single reserve for the payment of claims under guaranties issued under this section shall remain available for expenditure for the purposes of this section on and after that date. Report to Congress. The President shall report promptly to the Congress whenever the payment of a claim under any such guaranty reduces the total amount of funds in the single reserve under this subsection to an amount less than $750,000,000, together with his recommendations for the authorization of appropriations of additional funds for such reserve. For purposes of any provision in this Act or any other Act relating to a prohibition or limitation on the availability of funds under this Act, whenever a guaranty is issued under this section, the principal amount of the loan so guaranteed shall be deemed to be funds made available for use under this Act. Any guaranties issued hereunder shall be backed by the full faith and credit of the United States.”. (b) Section 37 of such Act is amended by adding at the end thereof 22 USC 2777. the following: “(c) Notwithstanding the provisions of subsection (b), to the extent that any of the funds constituting the reserve under section 24(c) are Ante, p. 3132. paid out for a claim arising out of a loan guaranteed under section 24, amounts received from a foreign government or international organization after the date of such payment, with respect to such claim, shall be credited to such reserve, shall be merged with the funds in such reserve, and shall be available for any purpose for which funds in such reserve are available.”. (c) Section 25(a) of such Act is amended— 22 USC 2765. (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5); and (2) by inserting after paragraph (2) the following: “(3) the total amount of funds in the reserve under section 24(c) Ante, p. 3132. at the end of the fiscal year immediately preceding the fiscal year in which a report under this section is made, together with an assessment of the adequacy of such total amount of funds as a reserve for the payment of claims under guaranties issued pursuant to section 24 in view of the current debt servicing capacity of borrowing countries, as reported to the Congress pursuant to section 634(a)(5) of the Foreign Assistance Act of 1961;”. 22 USC 2394. 22 USC 2771. (d) Section 31(a) of such Act is amended by inserting immediately after the first sentence the following new sentence: “Credits may not be extended under section 23 of this Act in an amount, and loans may 22 USC 2763. 22 USC 2764. not be guaranteed under section 24(a) of this Act in a principal amount, which exceeds any maximum amount which may be established with respect to such credits or such loan guarantees in legislation appropriating funds to carry out this Act.”. Sec. 105. military construction (a) The Arms Export Control Act is amended by inserting immediately after chapter 2 the following new chapter: “Chapter 2A— Foreign Military Construction Sales “Sec. 29. Foreign Military Construction Sales.— The President 22 USC 2769. may sell design and construction services to any eligible foreign country or international organization if such country or international organization agrees to pay in United States dollars not less than the full cost to the United States Government of furnishing such services. Payment shall be made to the United States Government in advance of the performance of such services by officers or employees of the United States Government. The President may, without Contracts. requirement for charge to any appropriation or contract authorization otherwise provided, enter into contracts for the procurement of design and construction services for sale under this section if such country or international organization provides the United States Government with a dependable undertaking (1) to pay the full amount of such contract which will assure the United States Government against any loss on the contract, and (2) to make funds available in such amounts and at such time as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract, in advance of the time such payments, damages, or costs are due.”. (b) (1) Section 21(h) of such Act is amended by striking out “defense articles or defense services” both places it appears and inserting in lieu thereof “defense articles, defense services, or design and construction services”. (2) Section 22(c) of such Act is amended to read as follows: “(c) The provisions of the Renegotiation Act of 1951 do not apply to procurement contracts heretofore or hereafter entered into under Ante, p. 3133. 22 USC 2763, 2764, 2771. this section, section 29, or predecessor provisions of law.”. (3) Sections 23, 24(a), and 31(c) of such Act are each amended by striking out “defense articles and defense services” each place it appears and inserting in lieu thereof “defense articles, defense services, and design and construction services”. (c) Section 36(a) of such Act is amended— (1) by striking out “and” immediately after the semicolon at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraph: “(9) a listing of each sale under section 29 during the quarter for which such report is made, specifying (A) the purchaser, (B) the United States Government department or agency responsible for implementing the sale, (C) an estimate of the dollar amount of the sale, and (D) a general description of the real property facilities to be constructed pursuant to such sale; and”. (d) (1) Section 36(b)(1) of such Act is amended in the first sentence by inserting “any design and construction services for $200,000,000 or more,” immediately after “$25,000,000 or more,”. (2) Such section is further amended— (A) in the first sentence by inserting “, or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a),” immediately after “subsection (a)” the first place it appears; (B) in the second sentence by striking out “or defense services” and inserting in lieu thereof “, defense services, or design and construction services,”; and (C) in the third sentence— (i) in subparagraph (A) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (ii) in subparagraph (C) by striking out “or defense service” and inserting in lieu thereof “, defense service, or design and construction service”; (iii) in subparagraph (E) by striking out “or services” both places it appears and inserting in lieu thereof “, defense services, or design and construction services”; (iv) in subparagraph (I) by striking out “or services” both places it appears and inserting in lieu thereof “, defense services, or design and construction services”; (v) in subparagraph (J) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (vi) in subparagraph (K) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (vii) in subparagraph (L) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (viii) in subparagraph (M) by striking out “services, or” the first place it appears and inserting in lieu thereof “defense services, design and construction services, or defense”; and (ix) in subparagraph (N) by inserting “, defense services, or design and construction services” immediately after “defense articles”. (e) (1) Section 37(a) of such Act is amended by striking out “sections 22 USC 2777. 21 and 22” and inserting in lieu thereof “sections 21, 22, and 29”. (2) Section 39 of such Act is amended— 22 USC 2779. (A) in subsection (a) by inserting “, or of design and construction services under section 29,” immediately after “section 22”; and (B) in subsection (c) by inserting “or section 29” immediately after “section 22”. (3) Section 42 of such Act is amended— 22 USC 2791. (A) in subsection (d) by striking out “and 24” and inserting in lieu thereof “24, and 29”; and (B) in subsection (e) by striking out “and 22” both places that it appears and inserting in lieu thereof “, 22, and 29”. (f) Section 47 of such Act is amended— 22 USC 2794. (1) in paragraph (4) by inserting “, but does not include design and construction services under section 29 of this Act” immediately after “military sales”; (2) in paragraph (6) by striking out “and” immediately after the semicolon; (3) in paragraph (7) by striking out the period and inserting in lieu thereof “, and”; and (4) by adding at the end thereof the following new paragraph: “(8) ‘design and construction services’ means, with respect to sales “Design and construction services.” Ante, p. 3133. under section 29 of this Act, the design and construction of real property facilities, including necessary construction equipment and materials, engineering services, construction contract management services relating thereto, and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by any department or agency of the Department of Defense or by a contractor pursuant to a contract with such department or agency.”. Sec. 106. foreign military sales authorization and aggregate ceiling (a) Section 31(a) of the Arms Export Control Act is 22 USC 2771. amended by striking out “$673,500,000 for the fiscal year 1980” and inserting in lieu thereof “$500,000,000 for the fiscal year 1981”. (b) Section 31(b) of such Act is amended to read as follows: “(b) (1) The total amount of credits, or participations in credits, extended pursuant to section 23 of this Act for the fiscal year 1981 22 USC 2763. shall not exceed $500,000,000. “(2) The total principal amount of loans guaranteed pursuant to section 24(a) of this Act for the fiscal year 1981 shall not exceed 22 USC 2764. $2,616,000,000. “(3) Of the aggregate total of such credits, or participations in credits, and of the total principal amount of such loans guaranteed, not less than $1,400,000,000 for the fiscal year 1981 shall be available only for Israel, of which $200,000,000 shall be available only for costs associated with the relocation of Israeli forces from the Sinai.”. (c) Section 31(c) of such Act is amended— (1) in the first sentence by striking out “fiscal year 1980” and inserting in lieu thereof “fiscal year 1981”; and (2) in the last sentence by striking out “one-half” and inserting in lieu thereof “$500,000,000”. (d) The principal amount of the loans guaranteed under section 22 USC 2764. 24(a) of such Act for the fiscal year 1981 with respect to Egypt, the Sudan, Greece, and Turkey shall be repaid, and with respect to Somalia may be repaid, in not less than twenty years, following a grace period of ten years on repayment of principal. Sec. 107. commercial exports of defense articles and defense services (a) Section 38(b)(3) of the Arms Export Control Act is amended by striking out “$35,000,000” and inserting in lieu thereof “$100,000,000”. (b) Section 36(c) of such Act is amended— (1) in the first sentence by striking out “not less than 30 days”; (2) by redesignating paragraphs (1), (2), and (3) as clauses (A), (B), and (C), respectively; (3) in the last sentence by striking out “paragraph (2)” and inserting in lieu thereof “clause (B)” and by striking out “paragraph (3)” and inserting in lieu thereof “clause (C)”; (4) by inserting “(1)” immediately after “(c)”; and (5) by adding at the end thereof the following: “(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described in paragraph (1)— “(A) shall not be issued until at least 30 calendar days after the Congress receives such certification; and “(B) shall not be issued then if the Congress, within such 30-day period, adopts a concurrent resolution stating that it objects to the proposed export, except that this subparagraph does not apply with respect to a license issued for an export to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand. If the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, thus waiving the requirements of subparagraphs (A) and (B) of this paragraph, he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the export license and a discussion of the national security interests involved. “(3) (A) Any resolution under this subsection shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 90 Stat. 765. 1976. “(B) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”. (c) Section 38(a) of such Act is amended by adding at the end thereof the following new paragraph: “(3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this Act as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations.”. (d) Section 25(d)(1) of such Act is amended— 22 USC 2765. (1) in the first sentence by inserting “and licensed commercial exports” immediately after “sales” both places it appears; and (2) in the second sentence— (A) by inserting “and licensed commercial exports” immediately after “Sales”, and (B) by inserting “or of an export license” immediately after “letter of offer”. Sec. 108. export controls on certain items on the munitions list (a) The President shall review the categories of defense Review. articles and defense services on the United States Munitions List in order to determine which of such articles and services, if any, should be removed from such List. The President shall report to the Congress Report to Congress. concerning the results of this review not later than 120 days after the date of enactment of this Act. With respect to this review, it is the sense of the Congress that defense articles and services should not be removed from the United States Munitions List— (1) if they are specifically designed, modified, adapted, or equipped for military application or use; (2) if they do contain sensitive technology used for military, security, intelligence, or cryptographic purposes; (3) if they are related to nuclear weapons development, production, or testing, or to systems capable of delivering nuclear weapons, or to spacecraft; or (4) if they are otherwise of such a particular nature as to warrant continued export control under section 38 of the Arms Export Control Act. 22 USC 2778. Study. 22 USC 2372. (b) In addition, the President shall study whether section 620B of the Foreign Assistance Act of 1961 should be amended in order to allow the issuance of licenses under section 38 of the Arms Export Control Act for the export of (1) communications and electronics equipment with a direct civilian application; (2) transport, utility, or training helicopters with a direct civilian application; (3) propeller-driven transport, utility, or training aircraft; (4) trucks and vehicles with a direct civilian application; or (5) defense services related to any of the items described in clauses (1) through (4). The President shall Report to Congress. report the results of this study to the Congress within 120 days after the date of enactment of this Act. Sec. 109. leasing of defense property (a) Not less than thirty days before the Secretary of a Notification of Congress. 10 USC 2667 note. military department exercises his authority under section 2667 of title 10, United States Code, in order to lease defense property to a foreign government for a period of more than six months, the President shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, a written notification which specifies— (1) the country to which such defense property is to be leased; (2) the type, quantity, and value of the defense property to be leased; (3) the terms and duration of the lease; and (4) a justification for the lease. (b) Each such lease agreement shall be subject to the approval of the Secretary of State. (c) Each such lease agreement shall be provided to the Congress not later than thirty days after its date of signature. (d) The President may waive the requirements of subsections (a) and (b) of this section if he determines and immediately reports such determination to the Congress that an emergency exists which requires such lease in the national security interests of the United States. (e) As used in this section, the term “defense property” means any major defense equipment (as defined in section 47(6) of the Arms Export Control Act) valued at $7,000,000 or more and any other property valued at $25,000,000 or more. (f) Section 36(a) of the Arms Export Control Act is amended by inserting the following new paragraph immediately after paragraph (9), as added by section 105(c) of this Act: “(10) a listing (classified if necessary) of all property valued at $1,000,000 or more which was leased, during the quarter for which such report is submitted, to a foreign government for a period of more than six months under section 2667 of title 10, United States Code.”. Sec. 110. exportation of uranium depleted in the isotope 235 Upon a finding that an export of uranium depleted in the isotope 235 is incorporated in defense articles or commodities solely to take advantage of high density or pyrophoric characteristics unrelated to its radioactivity, such exports shall be exempt from the 42 USC 2011 note. 22 USC 3201 note. 22 USC 2751 note. 50 USC app. 2401 note. provisions of the Atomic Energy Act of 1954 and of the Nuclear Non-Proliferation Act of 1978 when such exports are subject to the controls established under the Arms Export Control Act or the Export Administration Act of 1979. Sec. 111. notification of certain commercial exports to countries supporting international terrorism Section 6(i) of the Export Administration Act of 1979 is amended in text preceding paragraph (1) by striking out “of the Senate” and inserting in lieu thereof “and the Committee on Foreign Relations of the Senate at least 30 days”. Sec. 112. military assistance (a) Section 503(a) of the Foreign Assistance Act of 1961 is amended— (1) by striking out “or” at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof”; or”; and (3) by inserting at the end thereof the following new paragraph: “(3) transferring such of the funds appropriated or otherwise made available under this chapter as the President may determine for assistance to a recipient specified in section 504(a)(1) of Post, p. 3139. this Act, within the dollar limitations of that section, to the account in which funds for the procurement of defense articles and defense services under section 21 and section 22 of the Arms 22 USC 2761, 2762. Export Control Act have been deposited for such recipient, to be merged with such deposited funds, and to be used solely to meet obligations of the recipient for payment for sales under that Act.”. (b) Section 504(a)(1) of such Act is amended to read as follows: Appropriation authorization. 22 USC 2312. “(a) (1) There are authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $106,100,000 for the fiscal year 1981. Not more than the following amounts of funds available to carry out this chapter may be allocated and made available for assistance to each of the following countries for the fiscal year 1981: Portugal $51,000,000 Spain 3,600,000 The Philippines 25,000,000 The Sudan 1,700,000 The amount specified in this paragraph for military assistance to any such country may be increased by not more than 10 percent of such amount if the President deems such increase necessary for the purposes of this chapter.”. (c) Section 506(a) of such Act is amended by striking out 22 USC 2318. “$10,000,000” and inserting in lieu thereof “$50,000,000”. (d) Section 516(a) of such Act is amended— 22 USC 2321j. (1) by striking out “September 30, 1980” and inserting in lieu thereof “September 30, 1982”; and (2) by striking out “three” and inserting in lieu thereof “five”. Sec. 113. stockpiling of defense articles for foreign countries Section 514(b)(2) of the Foreign Assistance Act of 1961 is 22 USC 2321h. amended by striking out “$95,000,000 for the fiscal year 1980” and inserting in lieu thereof “$85,000,000 for the fiscal year 1981”. Sec. 114. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended— (1) in subsection (b)(1)— (A) by striking out “fiscal year 1980” and inserting in lieu thereof “fiscal year 1981”; (B) by striking out “the countries specified in section 504(a)(1) and in” and inserting in lieu thereof “Portugal, Supra. Spain, Jordan, the Philippines,”; and (C) by striking out “Iran, Kuwait” and inserting in lieu thereof “Egypt”; (2) in subsection (b)(3)— (A) by striking out “Iran, Kuwait, and”; (B) by striking out “countries” and inserting in lieu thereof “country”; and (C) by striking out “each”; and (3) in the last sentence of subsection (f)— (A) by inserting “six more than” immediately after “may not exceed”; (B) by striking out “December 31, 1978” and inserting in lieu thereof “December 31, 1979”; and (C) by inserting “and countries to which military personnel have been assigned pursuant to subsection (c)” immediately after “such countries”. Sec. 115. international military education and training (a) The first sentence of section 542 of the Foreign 22 USC 2347a. Assistance Act of 1961 is amended by striking out all that follows “the purposes of this chapter” and inserting in lieu thereof “$34,000,000 for the fiscal year 1981.”. (b) (1) Section 644(m) of such Act is amended— (A) by striking out “and” at the end of paragraph (3); (B) by striking out the period at the end of paragraph (4) and inserting in lieu thereof and”; and (C) by adding at the end thereof the following new paragraph: “(5) with respect to military education and training, the additional costs that are incurred by the United States Government in furnishing such assistance.”. (2) Section 21(a)(3) of the Arms Export Control Act is amended by inserting immediately before the period the following: “, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign 22 USC 2347. Assistance Act of 1961, only those additional costs that are incurred by the United States Government in furnishing such training”. Sec. 116. peacekeeping operations (a) Section 552(a) of the Foreign Assistance Act of 1961 is amended by striking out “$21,100,000 for the fiscal year 1980” and inserting in lieu thereof “$25,000,000 for the fiscal year 1981”. (b) Section 553 of such Act is repealed and section 554 is redesignated as section 553. Sec. 117. special authority (a) Section 614(a) of the Foreign Assistance Act of 1961 is amended to read as follows: “(a) (1) The President may authorize the furnishing of assistance under this Act without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under this Act, in furtherance of any of the purposes of this Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is important to the security interests of the United States. “(2) The President may make sales, extend credit, and issue guaranties under the Arms Export Control Act, without regard to any provision of this Act, the Arms Export Control Act, any law relating to receipts and credits accruing to the United States, and any Act authorizing or appropriating funds for use under the Arms Export Control Act, in furtherance of any of the purposes of such Act, when the President determines, and so notifies in writing the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate, that to do so is vital to the national security interests of the United States. “(3) Before exercising the authority granted in this subsection, the President shall consult with, and shall provide a written policy justification to, the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. “(4) The authority of this subsection may not be used to authorize the use of more than $250,000,000 of funds made available for use under this Act or the Arms Export Control Act, or the use of more 22 USC 2751 note. than $100,000,000 of foreign currencies accruing under this Act or any other law, in any fiscal year. Not more than $50,000,000 of the funds available under this subsection may be allocated to any one country in any fiscal year, unless such country is a victim of active Communist or Communist-supported aggression. “(5) The authority of this section may not be used to waive the limitations on transfers contained in section 610(a) of this Act.”. 22 USC 2360. 22 USC 2411. (b) Section 652 of such Act is amended by striking out “, 610(a), or 614(a)” and inserting in lieu thereof “or 610(a)”. Sec. 118. military or paramilitary operations in angola (a) Notwithstanding any other provision of law, no 22 USC 2293 note. assistance of any kind may be provided for the purpose, or which would have the effect, of promoting or augmenting, directly or indirectly, the capacity of any nation, group, organization, movement, or individual to conduct military or paramilitary operations in Angola unless and until— (1) the President determines that such assistance should be furnished in the national security interests of the United States; (2) the President submits to the Committee on Foreign Affairs Report to congressional committees. of the House of Representatives and the Committee on Foreign Relations of the Senate a report containing— (A) a description of the amounts and categories of assistance which he recommends be furnished and the identity of the proposed recipients of such assistance; and (B) a certification that he has determined that the furnishing of such assistance is important to the national security interests of the United States and a detailed statement of the reasons supporting such determination; and (3) the Congress enacts a joint resolution approving the furnishing Joint resolution. of such assistance. (b) If introduced within 30 days after the submission of the report required by paragraph (2) of subsection (a), a resolution under paragraph (3) of subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 and in the 90 Stat. 765. House of Representatives in accordance with the procedures applicable to the consideration of resolutions of disapproval under section 36(b) of the Arms Export Control Act. 22 USC 2776. (c) The prohibition contained in subsection (a) does not apply with respect to assistance which is furnished solely for humanitarian purposes. (d) The provisions of this section may not be waived under any other provision of law. (e) Section 404 of the International Security Assistance and Arms Repeal. 22 USC 2293 note. Export Control Act of 1976 is repealed. Sec. 119. prohibition on military assistance to nicaragua None of the funds authorized to be appropriated by this 22 USC 2151 note. title shall be made available for any aid or assistance to Nicaragua.

13. 1980

    International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 § 105(d) · 94 Stat. 3131

    Changed · 22 U.S.C. § 2776(b)(1)

    Pub. L. 96–533, § 105(d), required certification respecting offer to sell any design and construction services for $200,000,000 or more, required such certification to contain the information specified in subsec. (a)(9)(A)–(D) of this section, required such certification to contain an item identifying the sensitivity of technology contained in the design and construction services, and made subpar. (A), (C), (E), (I)–(N) provisions applicable to design and construction services

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 96–533, § 105(d), required certification respecting offer to sell any design and construction services for $200,000,000 or more, required such certification to contain the information specified in subsec. (a)(9)(A)–(D) of this section, required such certification to contain an item identifying the sensitivity of technology contained in the design and construction services, and made subpar. (A), (C), (E), (I)–(N) provisions applicable to design and construction services.

    Enacted provision · exact public law section
    (d) (1) Section 36(b)(1) of such Act is amended in the first sentence by inserting “any design and construction services for $200,000,000 or more,” immediately after “$25,000,000 or more,”. (2) Such section is further amended— (A) in the first sentence by inserting “, or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a),” immediately after “subsection (a)” the first place it appears; (B) in the second sentence by striking out “or defense services” and inserting in lieu thereof “, defense services, or design and construction services,”; and (C) in the third sentence— (i) in subparagraph (A) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (ii) in subparagraph (C) by striking out “or defense service” and inserting in lieu thereof “, defense service, or design and construction service”; (iii) in subparagraph (E) by striking out “or services” both places it appears and inserting in lieu thereof “, defense services, or design and construction services”; (iv) in subparagraph (I) by striking out “or services” both places it appears and inserting in lieu thereof “, defense services, or design and construction services”; (v) in subparagraph (J) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (vi) in subparagraph (K) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (vii) in subparagraph (L) by striking out “or services” and inserting in lieu thereof “, defense services, or design and construction services”; (viii) in subparagraph (M) by striking out “services, or” the first place it appears and inserting in lieu thereof “defense services, design and construction services, or defense”; and (ix) in subparagraph (N) by inserting “, defense services, or design and construction services” immediately after “defense articles”.

14. 1980

    International Security and Development Cooperation Act of 1980

    Pub. L. 96–533 § 107(b) · 94 Stat. 3131

    1. Amended · 22 U.S.C. § 2776(c)

       Pub. L. 96–533, § 107(b), designated existing provisions as par. (1)

    2. Struck · 22 U.S.C. § 2776(c)

       Pub. L. 96–533, § 107(b), struck out “not less than 30 days” before “before issuing such license”

    3. Redesignated · 22 U.S.C. § 2776(c)

       Pub. L. 96–533, § 107(b), redesignated as cls. (A) to (C) former pars. (1) to (3)

    4. Substituted · 22 U.S.C. § 2776(c)

       Pub. L. 96–533, § 107(b), substituted “clause (B)” and “clause (C)” for “paragraph (1)” and “paragraph (2)”, respectively

    5. Added · 22 U.S.C. § 2776(c)

       Pub. L. 96–533, § 107(b), added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–533, § 107(b), designated existing provisions as par. (1), struck out “not less than 30 days” before “before issuing such license”, redesignated as cls. (A) to (C) former pars. (1) to (3), and substituted “clause (B)” and “clause (C)” for “paragraph (1)” and “paragraph (2)”, respectively, and added pars. (2) and (3).

    Enacted provision · exact public law section
    (b) Section 36(c) of such Act is amended— (1) in the first sentence by striking out “not less than 30 days”; (2) by redesignating paragraphs (1), (2), and (3) as clauses (A), (B), and (C), respectively; (3) in the last sentence by striking out “paragraph (2)” and inserting in lieu thereof “clause (B)” and by striking out “paragraph (3)” and inserting in lieu thereof “clause (C)”; (4) by inserting “(1)” immediately after “(c)”; and (5) by adding at the end thereof the following: “(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described in paragraph (1)— “(A) shall not be issued until at least 30 calendar days after the Congress receives such certification; and “(B) shall not be issued then if the Congress, within such 30-day period, adopts a concurrent resolution stating that it objects to the proposed export, except that this subparagraph does not apply with respect to a license issued for an export to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand. If the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, thus waiving the requirements of subparagraphs (A) and (B) of this paragraph, he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate issuance of the export license and a discussion of the national security interests involved. “(3) (A) Any resolution under this subsection shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 90 Stat. 765. 1976. “(B) For the purpose of expediting the consideration and adoption of concurrent resolutions under this subsection, a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”.

15. 1981

    Pub. L. 97–113 § 109(d)(2) · 95 Stat. 1519

    Struck · 22 U.S.C. § 2776(a)(10)

    Pub. L. 97–113, § 109(d)(2), struck out par. (10) which required that Presidential report to Congress contain a listing (classified if necessary) of property valued at $1,000,000 or more which was leased, during the quarter for which a report was required, to a foreign government for a period of more than six months under section 2667 of title 10. See section 2796 et seq. of this title

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 97–113, § 109(d)(2), struck out par. (10) which required that Presidential report to Congress contain a listing (classified if necessary) of property valued at $1,000,000 or more which was leased, during the quarter for which a report was required, to a foreign government for a period of more than six months under section 2667 of title 10. See section 2796 et seq. of this title.

    Enacted provision · exact public law section
    (2) Section 36(a) of the Arms Export Control Act is amended— (A) by inserting “and” at the end of paragraph (8); (B) by striking out “; and” at the end of paragraph (9) and inserting in lieu thereof a period; and (C) by striking out paragraph (10).

16. 1981

    Pub. L. 97–113 title I · 95 Stat. 1519

    Changed · 22 U.S.C. § 2776(b)(1)

    Pub. L. 97–113, §§ 101(c), 102(b)(1), increased the certification requirement limits to $50,000,000 and $14,000,000 from $25,000,000 and $7,000,000 respecting offers to sell defense articles or services, and major defense equipment; and prescribed a fifteen-calendar-day period after receiving a certification for a concurrent resolution objecting to a proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, and made the existing thirty-calendar-day period applicable only with respect to a proposed sale to any other country or organization

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 97–113, §§ 101(c), 102(b)(1), increased the certification requirement limits to $50,000,000 and $14,000,000 from $25,000,000 and $7,000,000 respecting offers to sell defense articles or services, and major defense equipment; and prescribed a fifteen-calendar-day period after receiving a certification for a concurrent resolution objecting to a proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, and made the existing thirty-calendar-day period applicable only with respect to a proposed sale to any other country or organization.

    Enacted provision · exact public law
    TITLE I— MILITARY SALES AND RELATED PROGRAMS Sec. 101. reports to the congress (a) (1) Section 3(d)(1) of the Arms Export Control Act is 22 USC 2753. amended— (A) in the text preceding subparagraph (A) by striking out “to a transfer of a defense article, or related training or other defense service, sold under this Act and may not give his consent to such a transfer under section 505(a)(1) or 505(a)(4) of the Foreign Assistance Act of 1961” and inserting in lieu thereof “, or under 22 USC 2314. section 505(a)(1) or 505(a)(4) of the Foreign Assistance Act of 1961, to a transfer of any major defense equipment valued (in terms of its original acquisition cost) at $14,000,000 or more, or any defense article or related training or other defense service valued (in terms of its original acquisition cost) at $50,000,000 or more,”; (B) by amending subparagraph (B) to read as follows: “(B) a description of the article or service proposed to be transferred, including its acquisition cost,”; (C) in subparagraph (C) by striking out “defense article or related training or other defense service” and inserting in lieu thereof “article or service”; and (D) in the last sentence by striking out “defense articles, or related training or other defense services,” and inserting in lieu thereof “articles or services”. (2) Section 3(d)(3) of such Act is amended by striking out all that follows “The President may not give his consent” through “section 38 of this Act,” and inserting in lieu thereof “to the transfer of any major defense equipment valued (in terms of its original acquisition cost) at $14,000,000 or more, or of any defense article or defense service valued (in terms of its original acquisition cost) at $50,000,000 or more, the export of which has been licensed or approved under section 38 of this Act,”. 22 USC 2778. (3) Section 3(d)(4) of such Act is amended— (A) by inserting “or” at the end of subparagraph (B); (B) by striking out “; or” at the end of subparagraph (C) and inserting in lieu thereof a period; and (C) by striking out subparagraph (D). (b) (1) Section 28(a) of such Act is amended by striking out “five” and inserting in lieu thereof “fifteen”. (2) Section 28(b) of such Act is amended by striking out “the issuance of a letter of offer in accordance with such request would be subject to the requirements of section 36(b) of this Act” and inserting in lieu thereof “the request involves a proposed sale of major defense equipment for $7,000,000 or more or of any other defense articles or defense services for $25,000,000 or more”. (c) The first sentence of section 36(b)(1) of such Act is amended— (1) by striking out “$25,000,000” and inserting in lieu thereof “$50,000,000”; and (2) by striking out “$7,000,000” and inserting in lieu thereof “$14,000,000”. (d) Section 36(c) of such Act is amended in the first sentence of paragraph (1)— (1) by striking out “$7,000,000” and inserting in lieu thereof “$14,000,000”; and (2) by striking out “$25,000,000” and inserting in lieu thereof “$50,000,000”. (e) Section 36(d) of such Act is amended by striking out “(c)” and inserting in lieu thereof “(c)(1)”. Sec. 102. proposed transfers or sales to the north atlantic treaty organization, japan, australia, or new zealand (a) Section 3(d)(2) of the Arms Export Control Act is amended— (1) by striking out “(2) Unless” and inserting in lieu thereof “(2)(A) Except as provided in subparagraph (B), unless”; and (2) by adding at the end thereof the following: “(B) In the case of a proposed transfer to the North Atlantic Treaty Organization, or any member country of such Organization, Japan, Australia, or New Zealand, unless the President states in the certification submitted pursuant to paragraph (1) of this subsection that an emergency exists which requires that consent to the proposed transfer become effective immediately in the national security interests of the United States, such consent shall not become effective until fifteen calendar days after the date of such submission and such consent shall become effective then only if the Congress does not adopt, within such fifteen-day period, a concurrent resolution disapproving the proposed transfer.”. (b) (1) Section 36(b)(1) of such Act is amended in the fifth sentence by striking out “if the Congress, within thirty calendar days after receiving such certification,” and inserting in lieu thereof the following: “, with respect to a proposed sale to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, if the Congress, within fifteen calendar days after receiving such certification, or with respect to a proposed sale to any other country or organization, if the Congress within thirty calendar days after receiving such certification,”. (2) Section 36(b)(2) of such Act is amended by inserting before the period at the end thereof a comma and the following: “except that for purposes of consideration of any resolution with respect to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, it shall be in order in the Senate to move to discharge a committee to which such resolution was referred if such committee has not reported such resolution at the end of five calendar days after its introduction”. Sec. 103. personnel performing defense services Section 21(c)(2) of the Arms Export Control Act is Report to Congress. 22 USC 2761. amended to read as follows: “(2) Within forty-eight hours of the existence of, or a change in status of significant hostilities or terrorist acts or a series of such acts, which may endanger American lives or property, involving a country in which United States personnel are performing defense services pursuant to this Act or the Foreign Assistance Act of 1961, the 22 USC 2151 note. President shall submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report, in writing, classified if necessary, setting forth— “(A) the identity of such country; “(B) a description of such hostilities or terrorist acts; and “(C) the number of members of the United States Armed Forces and the number of United States civilian personnel that may be endangered by such hostilities or terrorist acts.”. Sec. 104. charges for use and nonrecurring research, development, and production costs Section 21(e)(2) of the Arms Export Control Act is amended by inserting “standardization with the Armed Forces of Japan, Australia, or New Zealand in furtherance of the mutual defense treaties between the United States and those countries,” immediately after “standardization,”. Sec. 105. foreign military sales authorization and aggregate ceilings (a) Section 31(a) of the Arms Export Control Act is 22 USC 2771. amended by striking out “$500,000,000 for the fiscal year 1981” and inserting in lieu thereof “$800,000,000 for the fiscal year 1982 and $800,000,000 for the fiscal year 1983”. (b) Section 31(b) of such Act is amended to read as follows: “(b) (1) The total amount of credits (or participations in credits) extended under section 23 of this Act shall not exceed $800,000,000 for 22 USC 2763. the fiscal year 1982 and $800,000,000 for the fiscal year 1983. “(2) The total principal amount of loans guaranteed under section 24(a) of this Act shall not exceed $3,269,525,000 for the fiscal year 22 USC 2764. 1982 and $3,269,525,000 for the fiscal year 1983. “(3) Of the aggregate total of credits (or participations in credits) under section 23 of this Act, and of the total principal amount of loans guaranteed under section 24(a) of this Act, not less than $1,400,000,000 for the fiscal year 1982 and not less than $1,400,000,000 for the fiscal year 1983 shall be available only for Israel, of which not less than $550,000,000 for each such year shall be available as credits under section 23 of this Act. “(4) Of the amount available under paragraph (2) of this subsection for loan guaranties under section 24(a) of this Act, not less than $280,000,000 for fiscal year 1982 and not less than $280,000,000 for the fiscal year 1983 shall be available only for Greece. “(5) The principal amount of loans guaranteed under section 24(a) of this Act for the fiscal year 1982, and for the fiscal year 1983 with respect to Egypt, Greece, Sudan, Somalia, and Turkey shall (if and to the extent each such country so desires) be repaid in not more than twenty years, following a grace period of ten years on repayment of principal. “(6) Of the total amount of credits (or participations in credits) 22 USC 2763. extended under section 23 of this Act for the fiscal years 1982 and 1983, not less than $200,000,000 for each such year shall be available only for Egypt, and Egypt shall be released from its contractual liability to repay the United States Government with respect to such credits and participations in credits. “(7) Of the total amount of credits (or participations in credits) extended under section 23 of this Act for the fiscal years 1982 and 1983, not less than $50,000,000 for each such year shall be available only for the Sudan, and the Sudan shall be released from its contractual liability to repay the United States Government with respect to such credits and participations in credits.”. (c) Section 31(c) of such Act is amended— (1) in the first sentence by striking out “fiscal year 1981” and inserting in lieu thereof “fiscal year 1982 and for the fiscal year 1983”; (2) in the last sentence by striking out “$500,000,000” and inserting in lieu thereof “$550,000,000”; and (3) in the last sentence by inserting “each” immediately before “such year”. Sec. 106. repeal of ceiling on commercial sales Section 38(b)(3) of the Arms Export Control Act is repealed. Sec. 107. periodic review of items on the munitions list Section 38 of the Arms Export Control Act is amended by adding at the end thereof the following new subsection: “(f) The President shall periodically review the items on the United States Munitions List to determine what items, if any, no longer Report to Congress. warrant export controls under this section. The results of such reviews shall be reported to the Speaker of the House of Representatives and to the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. Such a report shall be submitted at least 30 days before any item is removed from the Munitions List and shall describe the nature of any controls to be 54 USC app. 2401 note. imposed on that item under the Export Administration Act of 1979.”. Sec. 108. special defense acquisition fund (a) The Arms Export Control Act is amended by adding at the end thereof the following new chapter: “CHAPTER 5— SPECIAL DEFENSE ACQUISITION FUND “Sec. 51. Special Defense Acquisition Fund.— (a) (1) Under the direction of the President and in consultation with the Secretary of State, the Secretary of Defense shall establish a Special Defense Acquisition Fund (hereafter in this chapter referred to as the ‘Fund’), to be used as a revolving fund separate from other accounts, under the control of the Department of Defense, to finance the acquisition of defense articles and defense service in anticipation of their transfer 22 USC 2151 note. pursuant to this Act, the Foreign Assistance Act of 1961, or as otherwise authorized by law, to eligible foreign countries and international organizations, and may acquire such articles and services with the funds in the Fund as he may determine. Acquisition under this chapter of items for which the initial issue quantity requirements for United States Armed Forces have not been fulfilled and are not under current procurement contract shall be emphasized when compatible with security assistance requirements for the transfer of such items. “(2) Nothing in this chapter may be construed to limit or impair any responsibilities conferred upon the Secretary of State or the Secretary of Defense under this Act or the Foreign Assistance Act of 1961. 22 USC 2151 note. “(b) The Fund shall consist of— “(1) collections from sales made under letters of offer issued pursuant to section 21(a)(1) of this Act representing the actual 22 USC 2761. value of defense articles not intended to be replaced in stock, “(2) collections from sales representing the value of asset use charges (including contractor rental payments for United States Government-owned plant and production equipment) and charges for the proportionate recoupment of nonrecurring research, development, and production costs, and “(3) collections from sales made under letters of offer (or transfers made under the Foreign Assistance Act of 1961) of defense articles and defense services acquired under this chapter, representing the value of such items calculated in accordance with paragraph (2) or (3) of section 21(a) or section 22 of this Act or section 644(m) of the Foreign Assistance Act of 1961, as 22 USC 2761, 2762. 22 USC 2403. appropriate, together with such funds as may be authorized and appropriated or otherwise made available for the purposes of the Fund. “(c) (1) The size of the Fund may not exceed such dollar amount as is prescribed in section 138(g) of title 10, United States Code. For purposes of this limitation, the size of the Fund is the amounts in the Fund plus the value (in terms of acquisition cost) of the defense articles acquired under this chapter which have not been transferred from the Fund in accordance with this chapter. “(2) Amounts in the Fund shall be available for obligation in any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. “Sec. 52. Use and Transfer of Items Procured by the Fund.— (a) No defense article or defense service acquired by the Secretary of Defense under this chapter may be transferred to any foreign country or international organization unless such transfer is authorized by this Act, the Foreign Assistance Act of 1961, or other law. 22 USC 2151 note. “(b) The President may authorize the temporary use by the United States Armed Forces of defense articles and defense services acquired under this chapter prior to their transfer to a foreign country or international organization, if such is necessary to meet national defense requirements and the United States Armed Forces bear the costs of operation and maintenance of such articles or services while in their use and the costs of restoration or replacement upon the termination of such use. “(c) Except as provided in subsection (b) of this section, the Fund may be used to pay for storage, maintenance, and other costs related to the preservation and preparation for transfer of defense articles and defense services acquired under this chapter prior to their transfer, as well as the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of this Act. 22 USC 2792. “Sec. 53. Annual Reports to Congress.— (a) Not later than December 31 of each year, the President shall submit to the Congress a comprehensive report on acquisitions of defense articles and defense services under this chapter. Each such report shall include— “(1) a description of each contract for the acquisition of defense articles or defense services under this chapter which was entered into during the preceding fiscal year; “(2) a description of each contract for the acquisition of defense articles or defense services under this chapter which the President anticipates will be entered into during the current fiscal year; “(3) a description of each defense article or defense service acquired under this chapter which was transferred to a foreign country or international organization during the preceding fiscal year; and “(4) an evaluation of the impact of the utilization of the authority of this chapter on United States defense production and the readiness of the United States Armed Forces. “(b) As part of the annual written report to the Congress required by section 139(a) of title 10, United States Code, regarding procurement schedules for each weapon system for which funding authorization is required, the President shall provide a report estimating the likely procurements to be made through the Fund.”. (b) Section 138 of title 10, United States Code, is amended by adding immediately following subsection (f) the following new subsection: “(g) The size of the Special Defense Acquisition Fund established Ante, p. 1522. pursuant to chapter 5 of the Arms Export Control Act may not exceed $300,000,000 in fiscal year 1982 and may not exceed $600,000,000 in fiscal year 1983 or any fiscal year thereafter.”. Sec. 109. leasing of defense articles (a) The Arms Export Control Act, as amended by section 108 of this Act, is further amended by adding at the end thereof the following new chapter: “CHAPTER 6— LEASES OF DEFENSE ARTICLES “Sec. 61. Leasing Authority.— (a) The President may lease defense articles in the stocks of the Department of Defense to an eligible foreign country or international organization if— “(1) he determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this Act; “(2) he determines that the articles are not for the time needed for public use; and “(3) the country or international organization has agreed to pay in United States dollars all costs incurred by the United States Government in leasing such articles, including reimbursement for depreciation of such articles while leased, the costs of restoration or replacement if the articles are damaged while leased, and the replacement cost (less any depreciation in the value) of the articles if the articles are lost or destroyed while leased. The requirement of paragraph (3) shall not apply to leases entered into for purposes of cooperative research or development, military exercises, or communications or electronics interface projects, or to any defense article which has passed three-quarters of its normal service life. “(b) Each lease agreement under this section shall be for a fixed duration of not to exceed five years and shall provide that, at any time during the duration of the lease, the President may terminate the lease and require the immediate return of the leased articles. “(c) Defense articles in the stocks of the Department of Defense may be teased or loaned to a foreign country or international organization only under the authority of this chapter or chapter 2 of part II of the Foreign Assistance Act of 1961, and may not be leased to 22 USC 2311. a foreign country or international organization under the authority of section 2667 of title 10, United States Code. “Sec. 62. Reports to the Congress.— (a) Not less than 30 days 22 USC 2796a. before entering into or renewing any agreement with a foreign country or international organization to lease any defense article under this chapter, or to loan any defense article under chapter 2 of part II of the Foreign Assistance Act of 1961, for a period of one year or longer, the President shall transmit to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Armed Services of the Senate, a written certification which specifies— “(1) the country or international organization to which the defense article is to be leased or loaned; “(2) the type, quantity, and value (in terms of replacement cost) of the defense article to be leased or loaned; “(3) the terms and duration of the lease or loan; and “(4) a justification for the lease or loan, including an explanation of why the defense article is being leased or loaned rather than sold under this Act. “(b) The President may waive the requirements of this section (and Waiver. in the case of an agreement described in section 63, may waive the provisions of that section) if he determines, and immediately reports to the Congress, that an emergency exists which requires that the lease or loan be entered into immediately in the national security interests of the United States. “Sec. 63. Legislative Review.— (a) (1) In the case of any agreement 22 USC 2796b. involving the lease under this chapter, or the loan under chapter 2 of part II of the Foreign Assistance Act of 1961, to any foreign country or international organization for a period of one year or longer of any defense articles which are either (i) major defense equipment valued (in terms of its replacement cost less any depreciation in its value) at $14,000,000 or more, or (ii) defense articles valued (in terms of their replacement cost less any depreciation in their value) at $50,000,000 or more, the agreement may not be entered into or renewed if the Congress, within 30 calendar days after receiving the certification with respect to that proposed agreement pursuant to section 62(a), adopts a concurrent resolution stating that it objects to the proposed lease or loan. “(2) This section shall not apply with respect to a loan or lease to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand. “(b) Any resolution under subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. 90 Stat. 765. “(c) For the purpose of expediting the consideration and adoption of concurrent resolutions under subsection (a), a motion to proceed to the consideration of any such resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives. “Sec. 64. Application of Other Provisions of Law.— Any reference to sales of defense articles under this Act in any provision of law restricting the countries or organizations to which such sales may be made shall be deemed to include a reference to leases of defense articles under this chapter.”. (b) Such Act is further amended— (1) in section 2(b)— (A) by inserting “, leases,” immediately after “sales” both places it appears, (B) by inserting “whether there shall be a lease to a country,” immediately after “thereof,”, and (C) by inserting “, lease,” immediately after “sale” the second place it appears; (2) in section 3(a)— (A) in the text preceding paragraph (1) by inserting “or leased” immediately after “sold”, and (B) in paragraph (4) by inserting “or lease” immediately after “purchase”; and (3) in section 4 by inserting “or leased” immediately after “sold” in the first sentence. (c) Paragraph (5) of section 503(b) of the Foreign Assistance Act of 1961 is amended to read as follows: “(5) the loan agreement provides that (A) if the defense article is damaged while on loan, the country or international organization to which it was loaned will reimburse the United States for the cost of restoring or replacing the defense article, and (B) if the defense article is lost or destroyed while on loan, the country or international organization to which it was loaned will pay to the United States an amount equal to the replacement cost (less any depreciation in the value) of the defense article.”. (d) (1) Section 109 of the International Security and Development Cooperation Act of 1980 is repealed. (2) Section 36(a) of the Arms Export Control Act is amended— (A) by inserting “and” at the end of paragraph (8); (B) by striking out “; and” at the end of paragraph (9) and inserting in lieu thereof a period; and (C) by striking out paragraph (10). Sec. 110. military assistance (a) Section 504(a) of the Foreign Assistance Act of 1961 is amended to read as follows: “(a) (1) There are authorized to be appropriated to the President to carry out the purposes of this chapter not to exceed $238,500,000 for the fiscal year 1982 and not to exceed $238,500,000 for the fiscal year 1983. “(2) Amounts appropriated under this subsection are authorized to remain available until expended.”. (b) Section 506(a) of such Act is amended by striking out “$50,000,000” and inserting in lieu thereof “$75,000,000”. (c) Section 503(a)(3) of such Act is amended by striking out “specified in section 504(a)(1) of this Act, within the dollar limitations of that section,” and inserting in lieu thereof “country,”. (d) Section 516 of such Act is repealed. Sec. 111. stockpiling of defense articles for foreign countries Section 514(b)(2) of the Foreign Assistance Act of 1961 is 22 USC 2321h. amended by striking out “$85,000,000 for the fiscal year 1981” and inserting in lieu thereof “$130,000,000 for the fiscal year 1982 and $125,000,000 for the fiscal year 1983”. Sec. 112. international military assistance and sales program management Section 515 of the Foreign Assistance Act of 1961 is 22 USC 2321i. amended to read as follows: “Sec. 515. Overseas Management of Assistance and Sales Programs.— (a) In order to carry out his responsibilities for the management of international security assistance programs conducted under this chapter, chapter 5 of this part, and the Arms 22 USC 2347. 22 USC 2751 note. Export Control Act, the President may assign members of the Armed Forces of the United States to a foreign country to perform one or more of the following functions: “(1) equipment and services case management; “(2) training management; “(3) program monitoring; “(4) evaluation and planning of the host government’s military capabilities and requirements; “(5) administrative support; “(6) promoting rationalization, standardization, interoperability, and other defense cooperation measures among members of the North Atlantic Treaty Organization and with the Armed Forces of Japan, Australia, and New Zealand; and “(7) liaison functions exclusive of advisory and training assistance. “(b) Advisory and training assistance conducted by military personnel Advisory and training assistance. assigned under this section shall be kept to an absolute minimum. It is the sense of the Congress that advising and training assistance in countries to which military personnel are assigned under this section shall be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks. “(c) (1) The number of members of the Armed Forces assigned to a Military personnel strengths. foreign country under this section may not exceed six unless specifically authorized by the Congress. The President may waive this limitation if he determines and reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, 30 days prior to the introduction of the additional military personnel, that United States national interests require that more than six members of the Armed Forces be assigned under this section to carry out international security assistance programs in a country not specified in this paragraph. For the fiscal year 1982 and the fiscal year 1983, Indonesia, the Republic of Korea, the Philippines, Thailand, Egypt, Jordan, Morocco, Saudi Arabia, Greece, Portugal, Spain, and Turkey are authorized to have military personnel strengths larger than six under this section to carry out international security assistance programs. “(2) The total number of members of the Armed Forces assigned under this section to a foreign country in a fiscal year may not exceed the number justified to the Congress for that country in the congressional presentation materials for that fiscal year, unless the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives are notified 30 days in advance of the introduction of the additional military personnel. “(d) Effective October 1, 1982, the entire costs (including salaries of United States military personnel) of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter, other than any such costs which are either paid directly for such defense services under section 21(a) of the Arms Export Control 22 USC 2761. Act or reimbursed from charges for services collected from foreign governments pursuant to section 21(e) and section 43(b) of that Act. “(e) Members of the Armed Forces assigned to a foreign country under this section shall serve under the direction and supervision of the Chief of the United States Diplomatic Mission to that country. “(f) The President shall continue to instruct United States diplomatic and military personnel in the United States missions abroad that they should not encourage, promote, or influence the purchase by any foreign country of United States-made military equipment, unless they are specifically instructed to do so by an appropriate official of the executive branch.”. Sec. 113. international military education and training Section 542 of the Foreign Assistance Act of 1961 is amended by striking out “$34,000,000 for the fiscal year 1981” and inserting in lieu thereof “$42,000,000 for the fiscal year 1982 and $42,000,000 for the fiscal year 1983”. Sec. 114. peacekeeping operations (a) Section 552(a) of the Foreign Assistance Act of 1961 is amended by striking out “$25,000,000 for the fiscal year 1981” and inserting in lieu thereof “$19,000,000 for the fiscal year 1982 and $19,000,000 for the fiscal year 1983”. (b) Section 552(c) of such Act is amended by striking out “(1)” and all that follows through “may not be transferred” and inserting in lieu thereof “the total amount so transferred in any fiscal year may not exceed $15,000,000”. Sec. 115. foreign intimidation and harassment of individuals in the united states Chapter 1 of the Arms Export Control Act is amended by adding at the end thereof the following new section: “Sec. 6. Foreign Intimidation and Harassment of Individuals in the United States.— No letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued under this Act with respect to any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States. Report to Congress. The President shall report any such determination promptly to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate.”.

17. 1981

    Pub. L. 97–113 § 102(b)(2) · 95 Stat. 1519

    Changed · 22 U.S.C. § 2776(b)(2)

    Pub. L. 97–113, § 102(b)(2), authorized a motion in the Senate for the discharge of the committee to which a resolution respecting the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand was referred for failure to report the resolution at end of five calendar days after its introduction

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 97–113, § 102(b)(2), authorized a motion in the Senate for the discharge of the committee to which a resolution respecting the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand was referred for failure to report the resolution at end of five calendar days after its introduction.

    Enacted provision · exact public law section
    (2) Section 36(b)(2) of such Act is amended by inserting before the period at the end thereof a comma and the following: “except that for purposes of consideration of any resolution with respect to the North Atlantic Treaty Organization, any member country of such Organization, Japan, Australia, or New Zealand, it shall be in order in the Senate to move to discharge a committee to which such resolution was referred if such committee has not reported such resolution at the end of five calendar days after its introduction”.

18. 1981

    Pub. L. 97–113 § 101(d) · 95 Stat. 1519

    Changed · 22 U.S.C. § 2776(c)(1)

    Pub. L. 97–113, § 101(d), increased sales contract limits to $14,000,000 and $50,000,000 from $7,000,000 and $25,000,000 respecting sales of major defense equipment and defense articles or services

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 97–113, § 101(d), increased sales contract limits to $14,000,000 and $50,000,000 from $7,000,000 and $25,000,000 respecting sales of major defense equipment and defense articles or services.

    Enacted provision · exact public law section
    (d) Section 36(c) of such Act is amended in the first sentence of paragraph (1)— (1) by striking out “$7,000,000” and inserting in lieu thereof “$14,000,000”; and (2) by striking out “$25,000,000” and inserting in lieu thereof “$50,000,000”.

19. 1981

    Pub. L. 97–113 § 101(e) · 95 Stat. 1519

    Substituted · 22 U.S.C. § 2776(d)

    Pub. L. 97–113, § 101(e), substituted “subsection (c)(1)” for “subsection (c)”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 97–113, § 101(e), substituted “subsection (c)(1)” for “subsection (c)”.

    Enacted provision · exact public law section
    (e) Section 36(d) of such Act is amended by striking out “(c)” and inserting in lieu thereof “(c)(1)”.

20. 1985

    International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 1209(c)(1) · 99 Stat. 190

    1. Substituted · 22 U.S.C. § 2776(a)(5)

       Pub. L. 99–83, § 1209(c)(1), substituted “sales” for “cash sales”

    2. Struck · 22 U.S.C. § 2776(a)(5)

       Pub. L. 99–83, § 1209(c)(1), struck out provisions relating to credits under section 2763 of this title and guaranty agreements under section 2764 of this title

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 99–83, § 1209(c)(1), substituted “sales” for “cash sales” and struck out provisions relating to credits under section 2763 of this title and guaranty agreements under section 2764 of this title.

    Enacted provision · exact public law section
    (1) in paragraph (5), by striking out “cash” and by striking out “, credits to be extended under section 23, and guaranty agreements to be made under section 24”; and

21. 1985

    International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 1209(c)(2) · 99 Stat. 190

    Substituted · 22 U.S.C. § 2776(a)(6)

    Pub. L. 99–83, § 1209(c)(2), substituted “sales expected to be made to” for “cash sales expected to be made and credits expected to be extended to”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 99–83, § 1209(c)(2), substituted “sales expected to be made to” for “cash sales expected to be made and credits expected to be extended to”.

    Enacted provision · exact public law section
    (2) in paragraph (6), by striking out “cash” and by striking out “and credits expected to be extended”.

22. 1985

    International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 117 · 99 Stat. 190

    Amended · 22 U.S.C. § 2776(a)(7)

    Pub. L. 99–83, § 117, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel present in each such country at the end of that quarter for assignments in implementation of sales and commercial exports under this chapter;”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 99–83, § 117, amended par. (7) generally. Prior to amendment, par. (7) read as follows: “an estimate of the number of officers and employees of the United States Government and of United States civilian contract personnel present in each such country at the end of that quarter for assignments in implementation of sales and commercial exports under this chapter;”.

    Enacted provision · exact public law section
    SEC. 117. QUARTERLY REPORTS ON UNITED STATES MILITARY ADVISORS ABROAD. 22 USC 2776. Section 36(a)(7) of the Arms Export Control Act is amended to read as follows: “(7) an estimate of— “(A) the number of United States military personnel, the number of United States Government civilian personnel, and the number of United States civilian contract personnel, who were in each foreign country at the end of that quarter, and “(B) the number of members of each such category of personnel who were in each foreign country at any time during that quarter, in implementation of sales and commercial exports under this Act or of assistance under chapter 2, 5, 6, or 8 of part II of the 22 USC 2311, 2347, 2348, 2349aa. Foreign Assistance Act of 1961, including both personnel assigned to the country and personnel temporarily in the country by detail or otherwise;”.

23. 1985

    International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 118(1) · 99 Stat. 190

    Inserted · 22 U.S.C. § 2776(b)(1)

    Pub. L. 99–83, § 118(1), inserted requirement respecting detailed justification of reasons for sale of sensitive articles or services

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 99–83, § 118(1), inserted requirement respecting detailed justification of reasons for sale of sensitive articles or services.

    Enacted provision · exact public law section
    (1) by inserting before the period at the end of the second sentence of paragraph (1) the following: “, and a detailed justification of the reasons necessitating the sale of such articles or services in view of the sensitivity of such technology”; and

24. 1985

    International Security and Development Cooperation Act of 1985

    Pub. L. 99–83 § 118(2) · 99 Stat. 190

    Added · 22 U.S.C. § 2776(b)(5)

    Pub. L. 99–83, § 118(2), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 99–83, § 118(2), added par. (5).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new paragraph: “(5) (A) If, before the delivery of any major defense article or major Commerce and trade. President of U.S. Report defense equipment, or the furnishing of any defense service or design and construction service, sold pursuant to a letter of offer described in paragraph (1), the sensitivity of technology or the capability of the article, equipment, or service is enhanced or upgraded from the level of sensitivity or capability described in the numbered certification with respect to an offer to sell such article, equipment, or service, then, at least 45 days before the delivery of such article or equipment or the furnishing of such service, the President shall prepare and transmit to the chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report— “(i) describing the manner in which the technology or capability has been enhanced or upgraded and describing the significance of such enhancement or upgrade; and “(ii) setting forth a detailed justification for such enhancement or upgrade. “(B) The provisions of subparagraph (A) apply to an article or equipment delivered, or a service furnished, within ten years after the transmittal to the Congress of a numbered certification with respect to the sale of such article, equipment, or service. “(C) If the enhancement or upgrade in the sensitivity of technology President of U.S. Commerce and trade. or the capability of major defense equipment, defense articles, defense services, or design and construction services described in a numbered certification submitted under this subsection costs $14,000,000 or more in the case of any major defense equipment, $50,000,000 or more in the case of defense articles or defense services, or $200,000,000 or more in the case of design or construction services, then the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a new numbered certification which relates to such enhancement or upgrade and which shall be considered for purposes of this subsection as if it were a separate letter of offer to sell defense equipment, articles, or services, subject to all of the requirements, restrictions, and conditions set forth in this subsection. For purposes of this subparagraph, references in this subsection to sales shall be deemed to be references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment, articles, or services, as the case may be. “(D) For the purposes of subparagraph (A), the term ‘major defense article’ shall be construed to include electronic devices, which if upgraded, would enhance the mission capability of a weapons system.”.

25. 1986

    Pub. L. 99–247 § 1(b)(1) · 100 Stat. 9

    Substituted · 22 U.S.C. § 2776(b)(1)

    Pub. L. 99–247, § 1(b)(1), substituted “enacts a joint resolution prohibiting” for “adopts a concurrent resolution stating that it objects to” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 99–247, § 1(b)(1), substituted “enacts a joint resolution prohibiting” for “adopts a concurrent resolution stating that it objects to” in concluding provisions.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; and

26. 1986

    Pub. L. 99–247 § 1(b)(2) · 100 Stat. 9

    Inserted · 22 U.S.C. § 2776(b)(2)

    Pub. L. 99–247, § 1(b)(2), inserted “joint” before “resolution” in four places

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 99–247, § 1(b)(2), inserted “joint” before “resolution” in four places.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; and

27. 1986

    Pub. L. 99–247 § 1(b)(3) · 100 Stat. 9

    1. Substituted · 22 U.S.C. § 2776(b)(3)

       Pub. L. 99–247, § 1(b)(3), substituted “enactment of joint resolutions” for “adoption of concurrent resolutions”

    2. Substituted · 22 U.S.C. § 2776(b)(3)

       Pub. L. 99–247, § 1(b)(3), substituted “such joint resolution” for “such resolution”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 99–247, § 1(b)(3), substituted “enactment of joint resolutions” for “adoption of concurrent resolutions” and “such joint resolution” for “such resolution”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; and

28. 1986

    Pub. L. 99–247 § 1(c)(1) · 100 Stat. 9

    Substituted · 22 U.S.C. § 2776(c)(2)(B)

    Pub. L. 99–247, § 1(c)(1), substituted “enacts a joint resolution prohibiting” for “adopts a concurrent resolution stating that it objects to”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 99–247, § 1(c)(1), substituted “enacts a joint resolution prohibiting” for “adopts a concurrent resolution stating that it objects to”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; and

29. 1986

    Pub. L. 99–247 § 1(c)(2) · 100 Stat. 9

    Inserted · 22 U.S.C. § 2776(c)(3)(A)

    Pub. L. 99–247, § 1(c)(2), inserted “joint” before “resolution”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 99–247, § 1(c)(2), inserted “joint” before “resolution”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; and

30. 1986

    Pub. L. 99–247 § 1(c)(3) · 100 Stat. 9

    1. Substituted · 22 U.S.C. § 2776(c)(3)(B)

       Pub. L. 99–247, § 1(c)(3), substituted “enactment of joint resolutions” for “adoption of concurrent resolutions”

    2. Substituted · 22 U.S.C. § 2776(c)(3)(B)

       Pub. L. 99–247, § 1(c)(3), substituted “such joint resolution” for “such resolution”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B). Pub. L. 99–247, § 1(c)(3), substituted “enactment of joint resolutions” for “adoption of concurrent resolutions” and “such joint resolution” for “such resolution”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking out “adopt, within such 30-day period, a concurrent resolution disapproving” and inserting in lieu thereof “enact, within such 30-day period, a law prohibiting”; and

31. 1989

    Anti-Terrorism and Arms Export Amendments Act of 1989

    Pub. L. 101–222 § 7(b) · 103 Stat. 1892

    Inserted · 22 U.S.C. § 2776(a)

    Pub. L. 101–222, § 7(b), inserted “, and any information provided under paragraph (11) of this subsection may also be provided in a classified addendum” after “(b)(1) of this section” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–222, § 7(b), inserted “, and any information provided under paragraph (11) of this subsection may also be provided in a classified addendum” after “(b)(1) of this section” in introductory provisions.

    Enacted provision · exact public law section
    (b) Classification of Reports.— That section is amended in the parenthetical clause in the text preceding paragraph (1) by inserting “, and any information provided under paragraph (11) of this subsection may also be provided in a classified addendum” after “(b)(1) of this section”.

32. 1989

    Anti-Terrorism and Arms Export Amendments Act of 1989

    Pub. L. 101–222 § 7(a) · 103 Stat. 1892

    Added · 22 U.S.C. § 2776(a)(10); 22 U.S.C. § 2776(a)(11)

    Pub. L. 101–222, § 7(a), added pars. (10) and (11)

    Source evidence

    Code amendment note
    Subsec. (a)(10), (11). Pub. L. 101–222, § 7(a), added pars. (10) and (11).

    Enacted provision · exact public law section
    (a) Quarterly Reports.— Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended— (1) by striking out “and” at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon; and (3) by inserting after paragraph (9) the following. “(10) a listing of the consents to third-party transfers of defense articles or defense services which were granted, during the quarter for which such report is submitted, for purposes of section 3(a)(2) of this Act, the regulations issued under section 38 of this Act, or section 505(a)(1)(B) of the Foreign Assistance Act of 1961, if the value (in terms of original acquisition cost) of the defense articles or defense services to be transferred is $1,000,000 or more; and “(11) a listing of all munitions items (as defined in section 40(1)(1)) which were sold, leased, or otherwise transferred by the Department of Defense to any other department, agency, or other entity of the United States Government during the quarter for which such report is submitted (including the name of the recipient Government entity and a discussion of what that entity will do with those munitions items) if— “(A) the value of the munitions items was $250,000 or more; or “(B) the value of all munitions items transferred to that Government department, agency, or other entity during that quarter was $250,000 or more; excluding munitions items transferred (i) for disposition or use solely within the United States, or (ii) for use in connection with intelligence activities subject to reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities).”.

33. 1989

    Anti-Terrorism and Arms Export Amendments Act of 1989

    Pub. L. 101–222 § 3(b) · 103 Stat. 1892

    1. Added · 22 U.S.C. § 2776(b)(1)(D)(ii)(v)

       Pub. L. 101–222, § 3(b), added cl. (ii)

    2. Redesignated · 22 U.S.C. § 2776(b)(1)(D)(ii)(v)

       Pub. L. 101–222, § 3(b), redesignated former cls. (ii) through (iv) as (iii) through (v), respectively

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D)(ii) to (v). Pub. L. 101–222, § 3(b), added cl. (ii) and redesignated former cls. (ii) through (iv) as (iii) through (v), respectively.

    Enacted provision · exact public law section
    (b) Arms Sales.— Section 36(b)(1)(D) of that Act (22 U.S.C. 2776(b)(1)(D)) is amended— (1) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and (2) by inserting the following new clause (ii) after clause (i): “(ii) support international terrorism;”.

34. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

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

    Inserted · 22 U.S.C. § 2776(b)(1)

    Pub. L. 103–236, §§ 732(a)(1), 735(a), inserted after second sentence “In a case in which such articles or services listed on the Missile Technology Control Regime Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 2797c of this title), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. Each such numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell (if known on the date of transmittal of such certification).”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–236, §§ 732(a)(1), 735(a), inserted after second sentence “In a case in which such articles or services listed on the Missile Technology Control Regime Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 2797c of this title), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. Each such numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell (if known on the date of transmittal of such certification).”

    Enacted provision · exact public law
    TITLE VII— ARMS CONTROL PART A— ARMS CONTROL AND NONPROLIFERATION ACT OF 1994 SEC. 701. SHORT TITLE; REFERENCES IN PART; TABLE OF CONTENTS. (a) Short Title.— This part may be cited as the “Arms Control and Nonproliferation Act of 1994”. (b) References in Part.— Except as specifically provided in this part, whenever in this part an amendment or repeal is expressed as an amendment to or repeal of a provision, the reference shall be deemed to be made to the Arms Control and Disarmament Act. SEC. 702. CONGRESSIONAL DECLARATIONS; PURPOSE. (a) Congressional Declarations.— The Congress declares that— (1) a fundamental goal of the United States, particularly in the wake of the highly turbulent and uncertain international situation fostered by the end of the Cold War, the disintegration of the Soviet Union and the resulting emergence of fifteen new independent states, and the revolutionary changes in Eastern Europe, is to prevent the proliferation of nuclear weapons and their means of delivery and of advanced conventional armaments, to eliminate chemical and biological weapons, and to reduce and limit the large numbers of nuclear weapons in the former Soviet Union, as well as to prevent regional conflicts and conventional arms races; and (2) an ultimate goal of the United States continues to be a world in which the use of force is subordinated to the rule of law and international change is achieved peacefully without the danger and burden of destabilizing and costly armaments. (b) Purpose.— The purpose of this part is— (1) to strengthen the United States Arms Control and Disarmament Agency; and (2) to improve congressional oversight of the arms control, nonproliferation, and disarmament activities of the United States Arms Control and Disarmament Agency, and of the Agency’s operating budget. SEC. 703. PURPOSES. Section 2 (22 U.S.C. 2551) is amended in the text following the third undesignated paragraph by striking paragraphs (a), (b), (c), and (d) and by inserting the following new paragraphs: “(1) The preparation for and management of United States participation in international negotiations and implementation fora in the arms control and disarmament field. “(2) When directed by the President, the preparation for, and management of, United States participation in international negotiations and implementation fora in the nonproliferation field. “(3) The conduct, support, and coordination of research for arms control, nonproliferation, and disarmament policy formulation. “(4) The preparation for, operation of, or, as appropriate, direction of, United States participation in such control systems as may become part of United States arms control, nonproliferation, and disarmament activities. “(5) The dissemination and coordination of public information concerning arms control, nonproliferation, and disarmament.”. SEC. 704. REPEALS. The following provisions of law are hereby repealed: (1) Subsections (b) and (c) of section 36 (22 U.S.C. 2576), relating to arms control impact information and analysis. (2) Section 38 (22 U.S.C. 2578), relating to reports on Standing Consultative Commission activities. (3) Section 52 (22 U.S.C. 2592), relating to reports on adherence to and compliance with agreements. SEC. 705. DIRECTOR. Section 22 (22 U.S.C. 2562) is amended to read as follows: “Sec. 22. “director (a) Appointment.— The Agency shall be headed by a Director appointed by the President, by and with the advice and consent of the Senate. No person serving on active duty as a commissioned officer of the Armed Forces of the United States may be appointed Director. “(b) Duties.— (1) The Director shall serve as the principal adviser to the Secretary of State, the National Security Council, and the President and other executive branch Government officials on matters relating to arms control, nonproliferation, and disarmament. In carrying out his duties under this Act, the Director, under the direction of the President and the Secretary of State, shall have primary responsibility within the Government for matters relating to arms control and disarmament, and, whenever directed by the President, primary responsibility within the Government for matters relating to nonproliferation. “(2) The Director shall attend all meetings of the National Security Council involving weapons procurement, arms sales, consideration of the defense budget, and all arms control, nonproliferation, and disarmament matters.”. SEC. 706. BUREAUS, OFFICES, AND DIVISIONS. Section 25 (22 U.S.C. 2565) is amended to read as follows: “Sec. 25. “bureaus, offices, and divisions The Director may establish within the Agency such bureaus, offices, and divisions as he may determine to be necessary to discharge his responsibilities pursuant to this Act, including a bureau of intelligence and information support and an office to perform legal services for the Agency.” SEC. 707. SCIENTIFIC AND POLICY ADVISORY COMMITTEE. Section 26 (22 U.S.C. 2566) is amended to read as follows: “Sec. 26. “scientific and policy advisory committee (a) Establishment.— (1) The President may appoint a Scientific and Policy Advisory Committee (in this section referred to as the ‘Committee’) of not to exceed 15 members, not less than eight of whom shall be scientists. “(2) The members of the Committee shall be appointed as President. follows: “(A) One member, who shall be a person of renown and distinction, shall be appointed by the President, by and with the advice and consent of the Senate, as Chairman of the Committee. “(B) Fourteen other members shall be appointed by the President. “(3) The Committee shall meet at least twice each year. “(b) Function.— It shall be the responsibility of the Committee to advise the President, the Secretary of State, and the Director respecting scientific, technical, and policy matters affecting arms control, nonproliferation, and disarmament. “(c) Reimbursement of Expenses.— The members of the Committee may receive reimbursement of expenses only in accordance with the provisions applicable to the reimbursement of experts and consultants under section 41(d) of this Act. “(d) Termination.— The Committee shall terminate two years after the date of enactment of the Arms Control and Nonproliferation Act of 1994. “(e) Definition.— As used in this section, the term ‘scientist’ means an individual who has a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who has distinguished himself or herself in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering.”. SEC. 708. PRESIDENTIAL SPECIAL REPRESENTATIVES. (a) In General.— Section 27 (22 U.S.C. 2567) is amended to read as follows: “SEC. 27. “presidential special representatives The President may appoint, by and with the advice and consent of the Senate, Special Representatives of the President for arms control, nonproliferation, and disarmament matters. Each Presidential Special Representative shall hold the rank of ambassador. One such Representative may serve in the Agency as Chief Science Advisor. Presidential Special Representatives appointed under this section shall perform their duties and exercise their powers under the direction of the President and the Secretary of State, acting through the Director. The Agency shall be the Government agency responsible for providing administrative support, including funding, staff, and office space, to all Presidential Special Representatives.”. (b) Conforming Amendment.— Section 5315 of title 5, United States Code, is amended by striking: “Special Representatives for Arms Control and Disarmament Negotiations, United States Arms Control and Disarmament Agency (2).” and inserting: “Special Representatives of the President for arms control, nonproliferation, and disarmament matters, United States Arms Control and Disarmament Agency.”. SEC. 709. POLICY FORMULATION. Section 33 (22 U.S.C. 2573) is amended to read as follows: “Sec. 33. “policy formulation (a) Formulation.— The Director shall prepare for the President, the Secretary of State, and the heads of such other Government agencies as the President may determine, recommendations and advice concerning United States arms control, nonproliferation, and disarmament policy. “(b) Prohibition.— No action shall be taken pursuant to this or any other Act that would obligate the United States to reduce or limit the Armed Forces or armaments of the United States in a militarily significant manner, except pursuant to the treaty-making power of the President set forth in Article II, Section 2, Clause 2 of the Constitution or unless authorized by the enactment of further affirmative legislation by the Congress of the United States.”. SEC. 710. NEGOTIATION MANAGEMENT. Section 34 (22 U.S.C. 2574) is amended to read as follows: “Sec. 34. “negotiation management (a) Responsibilities.— The Director, under the direction of the President and the Secretary of State, shall have primary responsibility for the preparation, conduct, and management of United States participation in all international negotiations and implementation fora in the field of arms control and disarmament and shall have primary responsibility, whenever directed by the President, for the preparation, conduct, and management of United States participation in international negotiations and implementation fora in the field of nonproliferation. In furtherance of these responsibilities, Special Representatives of the President appointed pursuant to section 27, shall, as directed by the President, serve as the United States Government representatives to international organizations, conferences, and activities relating to the field of nonproliferation, such as the preparations for and conduct of the review relating to the Treaty on the Non-Proliferation of Nuclear Weapons. “(b) Functions With Respect to the United States Information Agency.— The Director shall perform functions pursuant to section 2(c) of the Reorganization Plan 8 of 1953 with respect to providing to the United States Information Agency official United States positions and policy on arms control, nonproliferation, and disarmament matters for dissemination abroad. “(c) Authority.— The Director is authorized— “(1) for the purpose of conducting negotiations concerning arms control, nonproliferation, or disarmament or for the purpose of exercising any other authority given him by this Act— “(A) to consult and communicate with, or to direct the consultation and communication with, representatives of other nations or of international organizations, and “(B) to communicate in the name of the Secretary of State with diplomatic representatives of the United States in the United States or abroad; “(2) to formulate plans and make preparations for the establishment, operation, and funding of inspections and control systems which may become part of the United States arms control, nonproliferation, and disarmament activities; and “(3) as authorized by law, to put into effect, direct, or otherwise assume United States responsibility for such systems.”. SEC. 711. REPORT ON MEASURES TO COORDINATE RESEARCH AND DEVELOPMENT. Not later than December 31, 1994, the President shall submit to the Congress a report prepared by the Director of the United States Arms Control and Disarmament Agency, in coordination with the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Chairman of the Joint Chiefs of Staff, and the Director of Central Intelligence, with respect to the procedures established pursuant to section 35 of the Arms Control and Disarmament Act (22 U.S.C. 2575) for the effective coordination of research and development on arms control, nonproliferation, and disarmament among all departments and agencies of the executive branch of Government. SEC. 712. VERIFICATION OF COMPLIANCE. Section 37 (22 U.S.C. 2577) is amended to read as follows: “Sec. 37. “verification of compliance (a) In General.— In order to ensure that arms control, Reports. nonproliferation, and disarmament agreements can be adequately verified, the Director shall report to Congress, on a timely basis, or upon request by an appropriate committee of the Congress— “(1) in the case of any arms control, nonproliferation, or disarmament agreement that has been concluded by the United States, the determination of the Director as to the degree to which the components of such agreement can be verified; “(2) in the case of any arms control, nonproliferation, or disarmament agreement that has entered into force, any significant degradation or alteration in the capacity of the United States to verify compliance of the components of such agreement; “(3) the amount and percentage of research funds expended by the Agency for the purpose of analyzing issues relating to arms control, nonproliferation, and disarmament verification; and “(4) the number of professional personnel assigned to arms control verification on a full-time basis by each Government agency. “(b) Standard for Verification of Compliance.— In making determinations under paragraphs (1) and (2) of subsection (a), the Director shall assume that all measures of concealment not expressly prohibited could be employed and that standard practices could be altered so as to impede verification. “(c) Rule of Construction.— Except as otherwise provided for by law, nothing in this section may be construed as requiring the disclosure of sensitive information relating to intelligence sources or methods or persons employed in the verification of compliance with arms control, nonproliferation, and disarmament agreements. “(d) Participation of the Agency.— In order to ensure adherence of the United States to obligations or commitments undertaken in arms control, nonproliferation, and disarmament agreements, and in order for the Director to make the assessment required by section 51(a)(5), the Director, or the Director’s designee, shall participate in all interagency groups or organizations within the executive branch of Government that assess, analyze, or review United States planned or ongoing policies, programs, or actions that have a direct bearing on United States adherence to obligations undertaken in arms control, nonproliferation, or disarmament agreements.”. SEC. 713. NEGOTIATING RECORDS. (a) In General.— The Arms Control and Disarmament Act is amended by inserting after section 37 the following: “Sec. 38. “negotiating records (a) Preparation of Records.— The Director shall establish and maintain records for each arms control, nonproliferation, and disarmament agreement to which the United States is a party and which was under negotiation or in force on or after January 1, 1990, which shall include classified and unclassified materials such as instructions and guidance, position papers, reporting cables and memoranda of conversation, working papers, draft texts of the agreement, diplomatic notes, notes verbal, and other internal and external correspondence. “(b) Negotiating and Implementation Records.— In particular, the Director shall establish and maintain a negotiating and implementation record for each such agreement, which shall be comprehensive and detailed, and shall document all communications between the parties with respect to such agreement. Such records shall be maintained both in hard copy and magnetic media. “(c) Participation of Agency Personnel.— In order to implement effectively this section, the Director shall ensure that Agency personnel participate throughout the negotiation and implementation phases of all arms control, nonproliferation, and disarmament agreements.”. (b) Report Required.— Not later than January 31, 1995, the Director of the United States Arms Control and Disarmament Agency shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a detailed report describing the actions he has undertaken to implement section 38 of the Arms Control and Disarmament Act. SEC. 714. AUTHORITIES WITH RESPECT TO NONPROLIFERATION MATTERS. (a) Amendments to the Arms Export Control Act.— (1) Section 38(a)(2) of the Arms Export Control Act (22 U.S.C. 2778(a)(2)) is amended to read as follows: “(2) Decisions on issuing export licenses under this section shall be made in coordination with the Director of the United States Arms Control and Disarmament Agency, taking into account the Director’s assessment as to whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that the issuance of an export license under this section would be detrimental to the national security of the United States, to recommend to the President that such export license be disapproved.”. (2) Section 42(a) of such Act (22 U.S.C. 2791(a)) is amended— (A) in the second sentence, by redesignating clauses (1), (2), and (3) as clauses (A), (B), and (C), respectively; (B) by inserting “(1)” immediately after “(a)”; (C) by amending clause (C) (as redesignated) to read as follows: “(C) the assessment of the Director of the United States Arms Control and Disarmament Agency as to whether, and the extent to which, such sale might contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements.”; and (D) by adding at the end the following: “(2) Any proposed sale made pursuant to this Act shall be approved only after consultation with the Director of the United States Arms Control and Disarmament Agency. The Director of the Arms Control and Disarmament Agency is authorized, whenever the Director determines that a sale under this section would be detrimental to the national security of the United States, to recommend to the President that such sale be disapproved.”. (3) Section 71(a) of such Act (22 U.S.C. 2797(a)) is amended by inserting “, the Director of the Arms Control and Disarmament Agency,” after “the Secretary of Defense”. (4) Section 71(b)(1) of such Act (22 U.S.C. 2797(b)(1)) is amended by inserting “and the Director of the United States Arms Control and Disarmament Agency” after “Secretary of Defense”. (5) Section 71(b)(2) of such Act (22 U.S.C. 2797(b)(2)) is amended— (A) by striking “and the Secretary of Commerce” and inserting “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency”; and (B) by inserting “or the Director” after “relevant Secretary”. (6) Section 71(c) of such Act (22 U.S.C. 2797(c)) is amended by inserting “with the Director of the United States Arms Control and Disarmament Agency,” after “Director of Central Intelligence,”. (7) Section 73(d) of such Act (22 U.S.C. 2797(d)) is amended 22 USC 2797b. by striking “and the Secretary of Commerce,” and inserting “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency,”. (b) Amendment to the Nuclear Non-Proliferation Act.— Section 309(c) of the Nuclear Non-Proliferation Act of 1978 (42 U.S.C. 2139a(c)) is amended in the second sentence by striking out “, as required,” SEC. 715. APPOINTMENT AND COMPENSATION OF PERSONNEL. Section 41(b) of the Arms Control and Disarmament Act (22 U.S.C. 2581(b)) is amended by striking “except that during the 2-year” and all that follows through the end thereof and inserting “except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities, appoint and fix the compensation of employees possessing specialized technical expertise without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, if the Director ensures that— “(1) any employee who is appointed under this exception is not paid at a rate— “(A) in excess of the rate payable for positions of equivalent difficulty or responsibility, or “(B) exceeding the maximum rate payable for grade 15 of the General Schedule; and “(2) the number of employees appointed under this exception shall not exceed 10 percent of the Agency’s full-time equivalent ceiling.”. SEC. 716. SECURITY REQUIREMENTS. Section 45(a) (22 U.S.C. 2585) is amended in the third sentence— (1) by inserting “or employed directly from other Government agencies” after “persons detailed from other Government agencies”; and (2) by striking “by the Department of Defense or the Department of State” and inserting “by such agencies”. SEC. 717. REPORTS. (a) In General.— Title IV of the Arms Control and Disarmament Act is amended— (1) by striking sections 49 and 50; (2) by redesignating sections 51 and 53 as sections 49 22 USC 2591, 2593. and 50, respectively; and (3) by inserting after section 50 (as redesignated by paragraph (2)) the following new sections: “Sec. 51. “annual report to congress (a) In General.— Not later than January 31 of each year, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report prepared by the Director, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Chairman of the Joint Chiefs of Staff, and the Director of Central Intelligence, on the status of United States policy and actions with respect to arms control, nonproliferation, and disarmament. Such report shall include— “(1) a detailed statement concerning the arms control and disarmament objectives of the executive branch of Government for the forthcoming year; “(2) a detailed statement concerning the nonproliferation objectives of the executive branch of Government for the forthcoming year; “(3) a detailed assessment of the status of any ongoing arms control or disarmament negotiations, including a comprehensive description of negotiations or other activities during the preceding year and an appraisal of the status and prospects for the forthcoming year; “(4) a detailed assessment of the status of any ongoing nonproliferation negotiations or other activities, including a comprehensive description of the negotiations or other activities during the preceding year and an appraisal of the status and prospects for the forthcoming year; “(5) a detailed assessment of adherence of the United States to obligations undertaken in arms control, nonproliferation, and disarmament agreements, including information on the policies and organization of each relevant agency or department of the United States to ensure adherence to such obligations, a description of national security programs with a direct bearing on questions of adherence to such obligations and of steps being taken to ensure adherence, and a compilation of any substantive questions raised during the preceding year and any corrective action taken; and “(6) a detailed assessment of the adherence of other nations to obligations undertaken in all arms control, nonproliferation, and disarmament agreements to which the United States is a participating state, including information on actions taken by each nation with regard to the size, structure, and disposition of its military forces in order to comply with arms control, nonproliferation, or disarmament agreements, and shall include, in the case of each agreement about which compliance questions exist— “(A) a description of each significant issue raised and efforts made and contemplated with the other participating state to seek resolution of the difficulty; “(B) an assessment of damage, if any, to the United States security and other interests; and “(C) recommendations as to any steps that should be considered to redress any damage to United States national security and to reduce compliance problems. “(b) Classification of the Report.— The report required by this section shall be submitted in unclassified form, with classified annexes, as appropriate. “Sec. 52. “public annual report on world military expenditures and arms transfers Not later than December 31 of each year, the Director Publication. 22 USC 2593b. shall publish an unclassified report on world military expenditures and arms transfers. Such report shall provide detailed, comprehensive, and statistical information regarding military expenditures, arms transfers, armed forces, and related economic data for each country of the world. In addition, such report shall include pertinent in-depth analyses as well as highlights with respect to arms trans-fers and proliferation trends and initiatives affecting such developments.”. (b) Report on Revitalization of ACDA.— Not later than December 31, 1995, the Director of the United States Arms Control and Disarmament Agency shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a detailed report describing the actions that have been taken and that are underway to revitalize the United States Arms Control and Disarmament Agency pursuant to the provisions of this part and the amendments made by this part. SEC. 718. FUNDING. (a) In General.— Title IV of the Arms Control and Disarmament Act, as amended by section 717, is further amended by adding at the end the following: “Sec. 53. “requirement for authorization of appropriation (a) Limitation on Obligation and Expenditure of Funds.— Notwithstanding any other provision of law, for the fiscal year 1994 and for each subsequent year, any funds appropriated for the Agency shall not be available for obligation or expenditure— “(1) unless such funds are appropriated pursuant to an authorization of appropriations; or “(2) in excess of the authorized level of appropriations. “(b) Subsequent Authorization.— The limitation under subsection (a) shall not apply to the extent that an authorization of appropriations is enacted after such funds are appropriated. “(c) Application.— The provisions of this section— “(1) may not be superseded, except by a provision of law which specifically repeals, modifies, or supersedes the provisions of this section; and “(2) shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts which are authorized by law and administered by the Agency. “Sec. 54. “transfers and reprogrammings (a) Transfer of Funds.— Funds appropriated for the purpose of carrying out this Act may be allocated or transferred to any agency for such purpose. Such funds shall be available for obligation and expenditure in accordance with the authorities of this Act or in accordance with the authorities governing the activities of the agencies to which such funds are allocated or transferred. “(b) Limitation.— Not more than 12 percent of any appropriation made for the purpose of carrying out this Act shall be obligated or reserved during the last month of the fiscal year.”. “(c) Congressional Notification of Certain Reprogrammings.— Unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified at least 15 days in advance of the proposed reprogramming, funds appropriated to carry out this Act (other than funds to carry out title V) shall not be available for obligation or expenditure through any reprogramming of funds that— “(1) would create or eliminate a program, project, or activity; “(2) would increase funds or personnel by any means for any program, project, or activity for which funds have been denied or restricted by the Congress; “(3) would relocate an office or employees; “(4) would reorganize offices, programs, projects, or activities; “(5) would involve contracting out functions which had been performed by Federal employees; or “(6) would involve a reprogramming in excess of $1,000,000 or 10 percent (whichever is less) and would— “(A) augment existing programs, projects, or activities, “(B) reduce by 10 percent or more the funding for any existing program, project, activity, or personnel approved by the Congress, or “(C) result from any general savings from a reduction in personnel that would result in a change in existing programs, activities, or projects approved by the Congress. “(d) Limitation on End-of-Year Reprogrammings.— Funds appropriated to carry out this Act (other than funds to carry out title V) shall not be available for obligation or expenditure through any reprogramming described in paragraph (1) during the last 15 days in which such funds are available for obligation or expenditure (as the case may be) unless the notification required by that paragraph was submitted before that 15-day period.”. SEC. 719. CONFORMING AMENDMENTS. (a) Section 2 (22 U.S.C. 2551) is amended— (1) in the second undesignated paragraph, by inserting “, nonproliferation,” after “Arms control”; and (2) in the second and third undesignated paragraphs, by inserting “, nonproliferation,” after “arms control” each place it appears. (b) Section 28 (22 U.S.C. 2568) is amended— (1) in the first sentence, by striking “field of arms control and disarmament” and inserting “fields of arms control, nonproliferation, and disarmament”; and (2) in the second sentence, by inserting “, nonproliferation,” after “arms control”. (c) Section 31 (22 U.S.C. 2571) is amended— (1) in the text above paragraph (a), by striking “field of arms control and disarmament” each of the three places it appears and inserting “fields of arms control, nonproliferation, and disarmament”; (2) in the first sentence, by inserting “and nonproliferation” after disarmament; and (3) in the fourth sentence, by inserting “, nonproliferation,” after “arms control” each of the eight places it appears. (d) Section 35 (22 U.S.C. 2575) is amended by inserting “, nonproliferation,” after “arms control”. (e) Section 36 (22 U.S.C. 2576) is amended— (1) by amending the section heading to read as follows: “ARMS CONTROL INFORMATION”; (2) by striking “(a)”; and (3) by inserting “, nonproliferation,” after “arms control” each of the two places it appears. (f) Section 39 (22 U.S.C. 2579) is amended by inserting “, nonproliferation,” after “arms control” each of the two places it appears. (g) Section 49 (as redesignated by section 817(a)(2)) is amended— (1) by striking “Soviet”; and (2) by inserting “of the former Soviet Union” after “affairs”. PART B— AMENDMENTS TO THE ARMS EXPORT CONTROL ACT SEC. 731. LIMITATION ON AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES. (a) Transfers to Countries on the Southern and South-eastern Flank of NATO.— Section 516(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(b)) is amended— (1) by striking “and” at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(4) the President first considers the effects of the transfer of the excess defense articles on the national technology and industrial base, particularly the extent, if any, to which the transfer reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are transferred.”. (b) Transfers to Countries Participating in a Comprehensive National Antinarcotics Program.— Section 517(f) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k(f)) is amended— (1) by striking “and” at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(4) the President first considers the effects of the transfer of the excess defense articles on the national technology and industrial base, particularly the extent, if any, to which the transfer reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are transferred.”. (c) Transfers to Countries Eligible To Participate in a Foreign Military Financing Program.— Section 519(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321m(b)) is amended— (1) by striking “and” at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting “; and”; and (3) by adding at the end the following new paragraph: “(5) the President first considers the effects of the transfer of the excess defense articles on the national technology and industrial base, particularly the extent, if any, to which the transfer reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are transferred.”. (d) Sales From Stock Under Arms Export Control Act.— Section 21 of the Arms Export Control Act (22 U.S.C. 2761) is amended by adding at the end the following new subsection: “(k) Before entering into the sale under this Act of defense articles that are excess to the stocks of the Department of Defense, the President shall first consider the effects of the sale of the articles on the national technology and industrial base, particularly the extent, if any, to which the sale reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the excess defense articles are sold.”. (e) Leases Under Arms Export Control Act.— Section 61(a) of the Arms Export Control Act (22 U.S.C. 2796(a)) is amended— (1) by striking “and” at the end of paragraph (2); (2) by redesignating paragraph (3) as paragraph (4); (3) by inserting after paragraph (2) the following new paragraph (3): “(3) the President first considers the effects of the lease of the articles on the national technology and industrial base, particularly the extent, if any, to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased; and”; and (4) in the matter following paragraph (4) (as redesignated by paragraph (2) of this subsection) by striking “paragraph (3)” each place it appears and inserting “paragraph (4)”. SEC. 732. REPORTS UNDER THE ARMS EXPORT CONTROL ACT. (a) Numbered Certifications With Respect To Government-To-Government Sales.— Section 36(b)(l) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended— (1) by inserting after the second sentence the following new sentence: “Each such numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell (if known on the date of transmittal of such certification).”; and (2) in subparagraph (C) by inserting “and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale” after “sold”. (b) Numbered Certifications With Respect To Commercial Exports.— Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended— (1) by inserting after the first sentence the following new sentence: “Each such numbered certification shall also contain an item indicating whether any offset agreement is proposed to be entered into in connection with such export (if known on the date of transmittal of such certification).”; and (2) in the third sentence by inserting “and a description from the person who has submitted the license application of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal of such statement)” after “Secretary of Defense”. (c) Definitions.— Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following: “(e) For purposes of this section— “(1) the term ‘offset agreement’ means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense service from the supplier; and “(2) the term ‘United States person’ means— “(A) an individual who is a national or permanent resident alien of the United States; and “(B) any corporation, business association, partnership, trust, or other juridical entity— “(i) organized under the laws of the United States or any State, district, territory, or possession thereof; or “(ii) owned or controlled in fact by individuals described in subparagraph (A).”. SEC. 733. PROHIBITION ON INCENTIVE PAYMENTS UNDER THE ARMS EXPORT CONTROL ACT. The Arms Export Control Act (22 U.S.C. 2779) is amended by inserting after section 39 the following new section: “SEC. 39A. PROHIBITION ON INCENTIVE PAYMENTS. “(a) No United States supplier of defense articles or services sold under this Act, nor any employee, agent, or subcontractor thereof, shall, with respect to the sale of any such defense article or defense service to a foreign country, make any incentive payments for the purpose of satisfying, in whole or in part, any offset agreement with that country. “(b) Any person who violates the provisions of this section shall be subject to the imposition of civil penalties as provided for in this section. “(c) In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement and imposition of civil penalties which are conferred upon departments, agencies and officials by subsections (c), (d), (e), and (f) of section 11 of the Export Administration Act of 1979 and section 12(a) of such Act, subject to the same terms and conditions as are applicable to such powers under that Act, except that notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000 or five times the amount of the prohibited incentive payment, whichever is greater. “(d) For purposes of this section— “(1) the term ‘offset agreement’ means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense services from the supplier; “(2) the term ‘incentive payments’ means direct monetary compensation made by a United States supplier of defense articles or defense services or by any employee, agent or subcontractor thereof to any other United States person to induce or persuade that United States person to purchase or acquire goods or services produced, manufactured, grown, or extracted, in whole or in part, in the foreign country which is purchasing those defense articles or services from the United States supplier, and “(3) the term ‘United States person’ means— “(A) an individual who is a national or permanent resident alien of the United States; and “(B) any corporation, business association, partnership, trust, or other juridical entity— “(i) organized under the laws of the United States or any State, the District of Columbia, or any territory or possession of the United States; or “(ii) owned or controlled in fact by individuals described in subparagraph (A).”. SEC. 734. MISSILE TECHNOLOGY EXPORTS TO CERTAIN MIDDLE EASTERN AND ASIAN COUNTRIES. (a) Exports by United States Persons.— Section 72 of the Arms Export Control Act (22 U.S.C. 2797a) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: “(c) Presumption.— In determining whether to apply sanctions under subsection (a) to a United States person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State has determined, for purposes of 6(j)(l)(A) of the Export Administration Act of 1979, has repeatedly provided support for acts of international terrorism.”. (b) Exports by Foreign Persons.— Section 73 of the Arms Export Control Act (22 U.S.C. 2797b) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following: “(f) Presumption.— In determining whether to apply sanctions under subsection (a) to a foreign person involved in the export, transfer, or trade of an item on the MTCR Annex, it should be a rebuttable presumption that such item is designed for use in a missile listed in the MTCR Annex if the President determines that the final destination of the item is a country the government of which the Secretary of State has determined, for purposes of 6(j)(l)(A) of the Export Administration Act of 1979, has repeatedly provided support for acts of international terrorism.”. SEC. 735. NOTIFICATION OF CONGRESS ON CERTAIN EVENTS INVOLVING THE MISSILE TECHNOLOGY CONTROL REGIME (MTCR). (a) Sale of Defense Articles or Services.— Section 36(b)(1) of the Arms Export Control Act is amended by inserting after 22 USC 2776. “sensitivity of such technology.” the following new sentence: “In a case in which such articles or services listed on the Missile Technology Control Regime Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy.”. (b) Export of Major Defense Equipment.— Section 36(c)(l) 22 USC 2776. of the Arms Export Control Act is amended by inserting after “in consultation with the Secretary of Defense.” the following new sentence: “In a case in which such articles or services are listed on the Missile Technology Control Regime Annex and are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy.”. (c) Licensing.— Section 71 of the Arms Export Control Act is amended by inserting after subsection (c) the following new subsection: “(d) Exports to Space Launch Vehicle Programs.— Within 15 days after the issuance of a license for the export of items valued at less than $14,000,000 that are controlled under this Act pursuant to United States obligations under the Missile Technology Control Regime and intended to support the design, development, or production of a space launch vehicle system listed in Category I of the MTCR Annex, the Secretary shall transmit to the Congress a report describing the licensed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. The requirement contained in the preceding sentence shall not apply to licenses for exports to countries that were members of the MTCR as of April 17, 1987. (d) Notification of Admittance onMTCR Adherents.— The Arms Export Control Act is amended by inserting after section 73 the following new section: “SEC. 73A. NOTIFICATION OF ADMITTANCE OF MTCR ADHERENTS. “Following any action by the United States that results in a country becoming a MTCR adherent, the President shall transmit promptly to the Congress a report which describes the rationale for such action, together with an assessment of that country’s nonproliferation policies, practices, and commitments. Such report shall also include the text of any agreements or understandings between the United States and such country regarding the terms and conditions of the country’s adherence to the MTCR.”. SEC. 736. CONTROL OF REEXPORTS TO TERRORIST COUNTRIES. Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended by adding at the end the following new paragraph: “(5) The Secretary and the Secretary of State shall include in the notification required by paragraph (2)— “(A) a detailed description of the goods or services to be offered, including a brief description of the capabilities of any article for which a license to export is sought; “(B) the reasons why the foreign country or international organization to which the export or transfer is proposed to be made needs the goods or services which are the subject of such export or transfer and a description of the manner in which such country or organization intends to use such articles, services, or design and construction services; “(C) the reasons why the proposed export or transfer is in the national interest of the United States; “(D) an analysis of the impact of the proposed export or transfer on the military capabilities of the foreign country or international organization to which such export or transfer would be made; “(E) an analysis of the manner in which the proposed export would affect the relative military strengths of countries in the region to which the goods or services which are the subject of such export would be delivered and whether other countries in the region have comparable kinds and amounts of articles, services, or design and construction services; and “(F) an analysis of the impact of the proposed export or transfer on the United States relations with the countries in the region to which the goods or services which are the subject of such export would be delivered.”.

35. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 732(a)(2) · 108 Stat. 382

    Inserted · 22 U.S.C. § 2776(b)(1)(C)

    Pub. L. 103–236, § 732(a)(2), inserted “and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale” after “sold”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 103–236, § 732(a)(2), inserted “and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale” after “sold”.

    Enacted provision · exact public law section
    (2) in subparagraph (C) by inserting “and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale” after “sold”.

36. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 735(b) · 108 Stat. 382

    Inserted · 22 U.S.C. § 2776(c)(1)

    Pub. L. 103–236, § 735(b), which directed amendment of par. (1) by inserting after “in consultation with the Secretary of Defense.” the following new sentence: “In a case in which such articles or services are listed on the Missile Technology Control Regime Annex and are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 2797c of this title), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy.”, was executed by making the insertion after “in consultation with the Secretary of Defense and a description from the person who has submitted the license application of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal of such statement).” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 103–236, § 732(b)(2). See below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–236, § 735(b), which directed amendment of par. (1) by inserting after “in consultation with the Secretary of Defense.” the following new sentence: “In a case in which such articles or services are listed on the Missile Technology Control Regime Annex and are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 2797c of this title), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy.”, was executed by making the insertion after “in consultation with the Secretary of Defense and a description from the person who has submitted the license application of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal of such statement).” to reflect the probable intent of Congress and the intervening amendment by Pub. L. 103–236, § 732(b)(2). See below.

    Enacted provision · exact public law section
    (b) Export of Major Defense Equipment.— Section 36(c)(l) 22 USC 2776. of the Arms Export Control Act is amended by inserting after “in consultation with the Secretary of Defense.” the following new sentence: “In a case in which such articles or services are listed on the Missile Technology Control Regime Annex and are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy.”.

37. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 732(b)(2) · 108 Stat. 382

    Inserted · 22 U.S.C. § 2776(c)(1)

    Pub. L. 103–236, § 732(b)(2), inserted “and a description from the person who has submitted the license application of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal of such statement)” after “Secretary of Defense”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–236, § 732(b)(2), inserted “and a description from the person who has submitted the license application of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal of such statement)” after “Secretary of Defense”.

    Enacted provision · exact public law section
    (2) in the third sentence by inserting “and a description from the person who has submitted the license application of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal of such statement)” after “Secretary of Defense”.

38. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 732(b)(1) · 108 Stat. 382

    Inserted · 22 U.S.C. § 2776(c)(1)

    Pub. L. 103–236, § 732(b)(1), inserted after first sentence “Each such numbered certification shall also contain an item indicating whether any offset agreement is proposed to be entered into in connection with such export (if known on the date of transmittal of such certification).”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–236, § 732(b)(1), inserted after first sentence “Each such numbered certification shall also contain an item indicating whether any offset agreement is proposed to be entered into in connection with such export (if known on the date of transmittal of such certification).”

    Enacted provision · exact public law section
    (1) by inserting after the first sentence the following new sentence: “Each such numbered certification shall also contain an item indicating whether any offset agreement is proposed to be entered into in connection with such export (if known on the date of transmittal of such certification).”; and

39. 1994

    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 732(c) · 108 Stat. 382

    Added · 22 U.S.C. § 2776(e)

    Pub. L. 103–236, § 732(c), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–236, § 732(c), added subsec. (e).

    Enacted provision · exact public law section
    (c) Definitions.— Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following: “(e) For purposes of this section— “(1) the term ‘offset agreement’ means an agreement, arrangement, or understanding between a United States supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire, or to promote the purchase or acquisition by other United States persons of, goods or services produced, manufactured, grown, or extracted, in whole or in part, in that foreign country in consideration for the purchase by the foreign country of defense articles or defense service from the supplier; and “(2) the term ‘United States person’ means— “(A) an individual who is a national or permanent resident alien of the United States; and “(B) any corporation, business association, partnership, trust, or other juridical entity— “(i) organized under the laws of the United States or any State, district, territory, or possession thereof; or “(ii) owned or controlled in fact by individuals described in subparagraph (A).”.

40. 1994

    Pub. L. 103–437 § 9(a)(7) · 108 Stat. 4581

    Substituted · 22 U.S.C. § 2776(b)(1)

    Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations”.

    Enacted provision · exact public law section
    (7) sections 5(d)(1), 26(c), and 36(b)(1) and (c)(1) of the Arms Export Control Act (22 U.S.C. 2755(d)(1), 2766(c), 2776(b)(1), (c)(1)).

41. 1994

    Pub. L. 103–437 § 9(a)(7) · 108 Stat. 4581

    Substituted · 22 U.S.C. § 2776(c)(1)

    Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 103–437 substituted “Foreign Affairs” for “International Relations”.

    Enacted provision · exact public law section
    (7) sections 5(d)(1), 26(c), and 36(b)(1) and (c)(1) of the Arms Export Control Act (22 U.S.C. 2755(d)(1), 2766(c), 2776(b)(1), (c)(1)).

42. 1996

    Pub. L. 104–164 § 141(c) · 110 Stat. 1421

    Amended · 22 U.S.C. § 2776(c)(2)(A); 22 U.S.C. § 2776(c)(2)(B)

    Pub. L. 104–164, § 141(c), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows:

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A), (B). Pub. L. 104–164, § 141(c), amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows:

    “(A) shall not be issued until at least 30 calendar days after the Congress receives such certification; and “(B) shall not be issued then if the Congress, within such 30-day period, enacts a joint resolution prohibiting the proposed export, except that this subparagraph does not apply with respect to a license issued for an export to the North Atlantic Treaty Organization, any member country of that Organization, Japan, Australia, or New Zealand.”

    Enacted provision · exact public law section
    (c) Commercial Sales.— Section 36(c)(2) of such Act (22 U.S.C. 2776(c)(2)) is amended by amending subparagraphs (A) and (B) to read as follows: “(A) in the case of a license for an export to the North Atlantic Treaty Organization, any member country of that Organization or Australia, Japan, or New Zealand, shall not be issued until at least 15 calendar days after the Congress receives such certification, and shall not be issued then if the Congress, within that 15-day period, enacts a joint resolution prohibiting the proposed export; and “(B) in the case of any other license, shall not be issued until at least 30 calendar days after the Congress receives such certification, and shall not be issued then if the Congress, within that 30-day period, enacts a joint resolution prohibiting the proposed export.”.

43. 1996

    Pub. L. 104–164 § 141(d) · 110 Stat. 1421

    1. Amended · 22 U.S.C. § 2776(d)

       Pub. L. 104–164, § 141(d), designated existing provisions as par. (1)

    2. Struck · 22 U.S.C. § 2776(d)

       Pub. L. 104–164, § 141(d), struck out “for or in a country not a member of the North Atlantic Treaty Organization” after “manufacturing licensing agreement”

    3. Added · 22 U.S.C. § 2776(d)

       Pub. L. 104–164, § 141(d), added pars. (2) to (5)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–164, § 141(d), designated existing provisions as par. (1), struck out “for or in a country not a member of the North Atlantic Treaty Organization” after “manufacturing licensing agreement”, and added pars. (2) to (5).

    Enacted provision · exact public law section
    (d) Commercial Manufacturing Agreements.— Section 36(d) of such Act (22 U.S.C. 2776(d)) is amended— (1) by inserting “(1)” after “(d)”; (2) by striking “for or in a country not a member of the North Atlantic Treaty Organization”; and (3) by adding at the end the following: “(2) A certification under this subsection shall be submitted— “(A) at least 15 days before approval is given in the case of an agreement for or in a country which is a member of the North Atlantic Treaty Organization or Australia, Japan, or New Zealand; and “(B) at least 30 days before approval is given in the case of an agreement for or in any other country; unless the President states in his certification that an emergency exists which requires the immediate approval of the agreement in the national security interests of the United States. “(3) If the President states in his certification that an emergency President. exists which requires the immediate approval of the agreement in the national security interests of the United States, thus waiving the requirements of paragraph (4), he shall set forth in the certification a detailed justification for his determination, including a description of the emergency circumstances which necessitate the immediate approval of the agreement and a discussion of the national security interests involved. “(4) Approval for an agreement subject to paragraph (1) may not be given under section 38 if the Congress, within the 15-day or 30-day period specified in paragraph (2)(A) or (B), as the case may be, enacts a joint resolution prohibiting such approval. “(5) (A) Any joint resolution under paragraph (4) shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. “(B) For the purpose of expediting the consideration and enactment of joint resolutions under paragraph (4), a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the House of Representatives.”.

44. 1996

    Pub. L. 104–164 § 155 · 110 Stat. 1421

    Added · 22 U.S.C. § 2776(e)

    Pub. L. 104–164, § 155, added subsec. (e) relating to publication of arms sales certifications

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–164, § 155, added subsec. (e) relating to publication of arms sales certifications.

    Enacted provision · exact public law section
    SEC. 155. PUBLICATION OF ARMS SALES CERTIFICATIONS. Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following new subsection: “(e) The President shall cause to be published in the Federal Register, upon transmittal to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate, the full unclassified text of each numbered certification submitted pursuant to subsection (b) and each notification of a proposed commercial sale submitted under subsection (c).”.

45. 1996

    National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title X § 1045(a) · 110 Stat. 2422

    Added · 22 U.S.C. § 2776(a)(12)

    Pub. L. 104–201 added par. (12)

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 104–201 added par. (12).

    Enacted provision · exact public law section
    (a) Quarterly Reports on Coproduction Agreements.— Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended— (1) by striking out “and” at the end of paragraph (10); (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (11) the following new paragraph: “(12) a report on all concluded government-to-govemment agreements regarding foreign coproduction of defense articles of United States origin and all other concluded agreements involving coproduction or licensed production outside of the United States of defense articles of United States origin (including coproduction memoranda of understanding or agreement) that have not been previously reported under this subsection, which shall include— “(A) the identity of the foreign countries, international organizations, or foreign firms involved; “(B) a description and the estimated value of the articles authorized to be produced, and an estimate of the quantity of the articles authorized to be produced; “(C) a description of any restrictions on third-party transfers of the foreign-manufactured articles; and “(D) if any such agreement does not provide for United States access to and verification of quantities of articles produced overseas and their disposition in the foreign country, a description of alternative measures and controls incorporated in the coproduction or licensing program to ensure compliance with restrictions in the agreement on production quantities and third-party transfers.”.

46. 1998

    Pub. L. 105–277 div. G · 112 Stat. 2681

    Substituted · 22 U.S.C. § 2776(b)(1)(D)

    Pub. L. 105–277, in introductory provisions, substituted “Secretary of State in consultation with the Secretary of Defense and the Director of Central Intelligence” for “Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(D). Pub. L. 105–277, in introductory provisions, substituted “Secretary of State in consultation with the Secretary of Defense and the Director of Central Intelligence” for “Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense”.

    Enacted provision · exact public law
    DIVISION G— FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998 SEC. 1001. SHORT TITLE. This division may be cited as the “Foreign Affairs Reform and Restructuring Act of 1998”. SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE OF CONTENTS. (a) Divisions.— This division is organized into three subdivisions as follows: (1) Subdivision a.— Foreign Affairs Agencies Consolidation Act of 1998. (2) Subdivision b.— Foreign Relations Authorization Act, Fiscal Years 1998 and 1999. (3) Subdivision c.— United Nations Reform Act of 1998. (b) Table of Contents.— The table of contents for this division is as follows: DIVISION— FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998 Sec. 1001. Short title. Sec. 1002. Organization of division into subdivisions; table of contents. SUBDIVISION A— CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES TITLE XI— GENERAL PROVISIONS Sec. 1101. Short title. Sec. 1102. Purposes. Sec. 1103. Definitions. Sec. 1104. Report on budgetary cost savings resulting from reorganization. TITLE XII— UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY CHAPTER 1— GENERAL PROVISIONS Sec. 1201. Effective date. CHAPTER 2— ABOLITION AND TRANSFER OF FUNCTIONS Sec. 1211. Abolition of United States Arms Control and Disarmament Agency. Sec. 1212. Transfer of functions to Secretary of State. Sec. 1213. Under Secretary for Arms Control and International Security. CHAPTER 3— CONFORMING AMENDMENTS Sec. 1221. References. Sec. 1222. Repeals. Sec. 1223. Amendments to the Arms Control and Disarmament Act. Sec. 1224. Compensation of officers. Sec. 1225. Additional conforming amendments. TITLE XIII— UNITED STATES INFORMATION AGENCY CHAPTER 1— GENERAL PROVISIONS Sec. 1301. Effective date. CHAPTER 2— ABOLITION AND TRANSFER OF FUNCTIONS Sec. 1311. Abolition of United States Information Agency. Sec. 1312. Transfer of functions. Sec. 1313. Under Secretary of State for Public Diplomacy. Sec. 1314. Abolition of Office of Inspector General of United States Information Agency and transfer of functions. CHAPTER 3— INTERNATIONAL BROADCASTING Sec. 1321. Congressional findings and declaration of purpose. Sec. 1322. Continued existence of Broadcasting Board of Governors. Sec. 1323. Conforming amendments to the United States International Broadcasting Act of 1994. Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act. Sec. 1325. Amendments to the Television Broadcasting to Cuba Act. Sec. 1326. Transfer of broadcasting related funds, property, and personnel. Sec. 1327. Savings provisions. Sec. 1328. Report on the privatization of RFE/RL, Incorporated. CHAPTER 4— CONFORMING AMENDMENTS Sec. 1331. References. Sec. 1332. Amendments to title 5, United States Code. Sec. 1333. Application of certain laws. Sec. 1334. Abolition of United States Advisory Commission on Public Diplomacy. Sec. 1335. Conforming amendments. Sec. 1336. Repeals. TITLE XIV— UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY CHAPTER 1— GENERAL PROVISIONS Sec. 1401. Effective date. CHAPTER 2— ABOLITION AND TRANSFER OF FUNCTIONS Sec. 1411. Abolition of United States International Development Cooperation Agency. Sec. 1412. Transfer of functions and authorities. Sec. 1413. Status of AID. CHAPTER 3— CONFORMING AMENDMENTS Sec. 1421. References. Sec. 1422. Conforming amendments. TITLE XV— AGENCY FOR INTERNATIONAL DEVELOPMENT CHAPTER 1— GENERAL PROVISIONS Sec. 1501. Effective date. CHAPTER 2— REORGANIZATION AND TRANSFER OF FUNCTIONS Sec. 1511. Reorganization of Agency for International Development. CHAPTER 3— AUTHORITIES OF THE SECRETARY OF STATE Sec. 1521. Definition of United States assistance. Sec. 1522. Administrator of AID reporting to the Secretary of State. Sec. 1523. Assistance programs coordination and oversight. TITLE XVI— TRANSITION CHAPTER 1— REORGANIZATION PLAN Sec. 1601. Reorganization plan and report. CHAPTER 2— REORGANIZATION AUTHORITY Sec. 1611. Reorganization authority. Sec. 1612. Transfer and allocation of appropriations. Sec. 1613. Transfer, appointment, and assignment of personnel. Sec. 1614. Incidental transfers. Sec. 1615. Savings provisions. Sec. 1616. Authority of Secretary of State to facilitate transition. Sec. 1617. Final report. SUBDIVISION B— FOREIGN RELATIONS AUTHORIZATION TITLE XX— GENERAL PROVISIONS Sec. 2001. Short title. Sec. 2002. Definition of appropriate congressional committees. TITLE XXI— AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE Sec. 2101. Administration of foreign affairs. Sec. 2102. International commissions. Sec. 2103. Grants to The Asia Foundation. Sec. 2104. Voluntary contributions to international organizations. Sec. 2105. Voluntary contributions to peacekeeping operations. Sec. 2106. Limitation on United States voluntary contributions to United Nations Development Program. TITLE XXII— DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES CHAPTER 1— AUTHORITIES AND ACTIVITIES Sec. 2201. Reimbursement of Department of State for assistance to overseas educational facilities. Sec. 2202. Revision of Department of State rewards program. Sec. 2203. Retention of additional defense trade controls registration fees. Sec. 2204. Fees for commercial services. Sec. 2205. Pilot program for foreign affairs reimbursement. Sec. 2206. Fee for use of diplomatic reception rooms. Sec. 2207. Budget presentation documents. Sec. 2208. Office of the Inspector General. Sec. 2209. Capital Investment Fund. Sec. 2210. Contracting for local guards services overseas. Sec. 2211. Authority of the Foreign Claims Settlement Commission. Sec. 2212. Expenses relating to certain international claims and proceedings. Sec. 2213. Grants to remedy international abductions of children. Sec. 2214. Counterdrug and anticrime activities of the Department of State. Sec. 2215. Annual report on overseas surplus properties. Sec. 2216. Human rights reports. Sec. 2217. Reports and policy concerning diplomatic immunity. Sec. 2218. Reaffirming United States international telecommunications policy. Sec. 2219. Reduction of reporting. CHAPTER 2— CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE Sec. 2221. Use of certain passport processing fees for enhanced passport services. Sec. 2222. Consular officers. Sec. 2223. Repeal of outdated consular receipt requirements. Sec. 2224. Elimination of duplicate Federal Register publication for travel advisories. Sec. 2225. Denial of visas to confiscators of American property. Sec. 2226. Inadmissibility of any alien supporting an international child abductor. CHAPTER 3— REFUGEES AND MIGRATION SUBCHAPTER A— AUTHORIZATION OF APPROPRIATIONS Sec. 2231. Migration and refugee assistance. SUBCHAPTER B— AUTHORITIES Sec. 2241. United States policy regarding the involuntary return of refugees. Sec. 2242. United States policy with respect to the involuntary return of persons in danger of subjection to torture. Sec. 2243. Reprogramming of migration and refugee assistance funds. Sec. 2244. Eligibility for refugee status. Sec. 2245. Reports to Congress concerning Cuban emigration policies. TITLE XXIII— ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE CHAPTER 1— ORGANIZATION OF THE DEPARTMENT OF STATE Sec. 2301. Coordinator for Counterterrorism. Sec. 2302. Elimination of Deputy Assistant Secretary of State for Burdensharing. Sec. 2303. Personnel management. Sec. 2304. Diplomatic security. Sec. 2305. Number of senior official positions authorized for the Department of State. Sec. 2306. Nomination of Under Secretaries and Assistant Secretaries of State. CHAPTER 2— PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE Sec. 2311. Foreign Service reform. Sec. 2312. Retirement benefits for involuntary separation. Sec. 2313. Authority of Secretary to separate convicted felons from the Foreign Service. Sec. 2314. Career counseling. Sec. 2315. Limitations on management assignments. Sec. 2316. Availability pay for certain criminal investigators within the Diplomatic Security Service. Sec. 2317. Nonovertime differential pay. Sec. 2318. Report concerning minorities and the Foreign Service. TITLE XXIV— UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS CHAPTER 1— AUTHORIZATION OF APPROPRIATIONS Sec. 2401. International information activities and educational and cultural exchange programs. CHAPTER 2— AUTHORITIES AND ACTIVITIES Sec. 2411. Retention of interest. Sec. 2412. Use of selected program fees. Sec. 2413. Muskie Fellowship Program. Sec. 2414. Working Group on United States Government-Sponsored International Exchanges and Training. Sec. 2415. Educational and cultural exchanges and scholarships for Tibetans and Burmese. Sec. 2416. Surrogate broadcasting study. Sec. 2417. Radio broadcasting to Iran in the Farsi language. Sec. 2418. Authority to administer summer travel and work programs. Sec. 2419. Permanent administrative authorities regarding appropriations. Sec. 2420. Voice of America broadcasts. TITLE XXV— INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS Sec. 2501. International conferences and contingencies. Sec. 2502. Restriction relating to United States accession to any new international criminal tribunal. Sec. 2503. United States membership in the Bureau of the Interparliamentary Union. Sec. 2504. Service in international organizations. Sec. 2505. Reports regarding foreign travel. TITLE XXVI— UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY Sec. 2601. Authorization of appropriations. Sec. 2602. Statutory construction. TITLE XXVII— EUROPEAN SECURITY ACT OF 1998 Sec. 2701. Short title. Sec. 2702. Statement of policy. Sec. 2703. Authorities relating to NATO enlargement. Sec. 2704. Sense of Congress with respect to the Treaty on Conventional Armed Forces in Europe. Sec. 2705. Restrictions and requirements relating to ballistic missile defense. TITLE XXVIII— OTHER FOREIGN POLICY PROVISIONS Sec. 2801. Reports on claims by United States firms against the Government of Saudi Arabia. Sec. 2802. Reports on determinations under title IV of the Libertad Act. Sec. 2803. Report on compliance with the Hague Convention on International Child Abduction. Sec. 2804. Sense of Congress relating to recognition of the Ecumenical Patriarchate by the Government of Turkey. Sec. 2805. Report on relations with Vietnam. Sec. 2806. Reports and policy concerning human rights violations in Laos. Sec. 2807. Report on an alliance against narcotics trafficking in the Western Hemisphere. Sec. 2808. Congressional statement regarding the accession of Taiwan to the World Trade Organization. Sec. 2809. Programs or projects of the International Atomic Energy Agency in Cuba. Sec. 2810. Limitation on assistance to countries aiding Cuba nuclear development. Sec. 2811. International Fund for Ireland. Sec. 2812. Support for democratic opposition in Iraq. Sec. 2813. Development of democracy in the Republic of Serbia. SUBDIVISION A—CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES TITLE XI—GENERAL PROVISIONS SEC. 1101. SHORT TITLE. This subdivision may be cited as the “Foreign Affairs Agencies Consolidation Act of 1998”. SEC. 1102. PURPOSES. The purposes of this subdivision are— (1) to strengthen— (A) the coordination of United States foreign policy; and (B) the leading role of the Secretary of State in the formulation and articulation of United States foreign policy; (2) to consolidate and reinvigorate the foreign affairs functions of the United States within the Department of State by— (A) abolishing the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency, and transferring the functions of these agencies to the Department of State while preserving the special missions and skills of these agencies; (B) transferring certain functions of the Agency for International Development to the Department of State; and (C) providing for the reorganization of the Department of State to maximize the efficient use of resources, which may lead to budget savings, eliminated redundancy in functions, and improvement in the management of the Department of State; (3) to ensure that programs critical to the promotion of United States national interests be maintained; (4) to assist congressional efforts to balance the Federal budget and reduce the Federal debt; (5) to ensure that the United States maintains effective representation abroad within budgetary restraints; and (6) to encourage United States foreign affairs agencies to maintain a high percentage of the best qualified, most competent United States citizens serving in the United States Government. SEC. 1103. DEFINITIONS. In this subdivision: (1) ACDA.—The term “ACDA” means the United States Arms Control and Disarmament Agency. (2) AID.—The term “AID” means the United States Agency for International Development. (3) Agency; federal agency.—The term “agency” or “Federal agency” means an Executive agency as defined in section 105 of title 5, United States Code. (4) Appropriate congressional committees.—The term “appropriate congressional committees” means the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (5) Covered agency.—The term “covered agency” means any of the following agencies: ACDA, USIA, IDCA, and AID. (6) Department.—The term “Department” means the Department of State. (7) Function.—The term “function” means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program. (8) IDCA.—The term “IDCA” means the United States International Development Cooperation Agency. (9) Office.—The term “office” includes any office, administration, agency, institute, unit, organizational entity, or component thereof. (10) Secretary.—The term “Secretary” means the Secretary of State. (11) USIA.—The term “USIA” means the United States Information Agency. SEC. 1104. REPORT ON BUDGETARY COST SAVINGS RESULTING FROM REORGANIZATION. The Secretary of State shall submit a report, together with the congressional presentation document for the budget of the Department of State for each of the fiscal years 2000 and 2001, to the appropriate congressional committees describing the total anticipated and achieved cost savings in budget outlays and budget authority related to the reorganization implemented under this subdivision, including cost savings by each of the following categories: (1) Reductions in personnel. (2) Administrative consolidation, including procurement. (3) Program consolidation. (4) Consolidation of real properties and leases. TITLE XII—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY CHAPTER 1—GENERAL PROVISIONS SEC. 1201. EFFECTIVE DATE. This title, and the amendments made by this title, shall take effect on the earlier of— (1) April 1,1999; or (2) the date of abolition of the United States Arms Control and Disarmament Agency pursuant to the reorganization plan described in section 1601. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS SEC. 1211. ABOLITION OF UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY. The United States Arms Control and Disarmament Agency is abolished. SEC. 1212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE. There are transferred to the Secretary of State all functions of the Director of the United States Arms Control and Disarmament Agency, and all functions of the United States Arms Control and Disarmament Agency and any office or component of such agency, under any statute, reorganization plan, Executive order, or other provision of law, as of the day before the effective date of this title. SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL SECURITY. Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651(b)) is amended— (1) by striking “There” and inserting the following: “(1) In general.—There”; and (2) by adding at the end the following: “(2) Under secretary for arms control and international security.—There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Arms Control and International Security, who shall assist the Secretary and the Deputy Secretary in matters related to international security policy, arms control, and nonproliferation. Subject to the direction of the President, the Under Secretary may attend and participate in meetings of the National Security Council in his role as Senior Advisor to the President and the Secretary of State on Arms Control and Nonproliferation Matters.”. CHAPTER 3—CONFORMING AMENDMENTS SEC. 1221. REFERENCES. Except as otherwise provided in section 1223 or 1225, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to— (1) the Director of the United States Arms Control and Disarmament Agency, the Director of the Arms Control and Disarmament Agency, or any other officer or employee of the United States Arms Control and Disarmament Agency or the Arms Control and Disarmament Agency shall be deemed to refer to the Secretary of State; or (2) the United States Arms Control and Disarmament Agency or the Arms Control and Disarmament Agency shall be deemed to refer to the Department of State. SEC. 1222. REPEALS. The following sections of the Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) are repealed: Sections 21 through 26 (22 U.S.C. 2561–2566), section 35 (22 U.S.C. 2575), section 42 (22 U.S.C. 2582), section 43 (22 U.S.C. 2583), sections 45 through 50 (22 U.S.C. 2585–2593), section 53 (22 U.S.C. 2593c), section 54 (22 U.S.C. 2593d), and section 63 (22 U.S.C. 2595b). SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT ACT. The Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) is amended— (1) in section 2 (22 U.S.C. 2551)— (A) in the first undesignated paragraph, by striking “creating a new agency of peace to deal with” and inserting “addressing”; (B) by striking the second undesignated paragraph; and (C) in the third undesignated paragraph— (i) by striking “This organization” and inserting “The Secretary of State”; (ii) by striking “It shall have” and inserting “The Secretary shall have”; (iii) by striking “and the Secretary of State”; (iv) by inserting “, nonproliferation,” after “arms control” in paragraph (1); (v) by striking paragraph (2); (vi) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; and (vii) by striking “, as appropriate,” in paragraph (3) (as redesignated); (2) in section 3 (22 U.S.C. 2552), by striking subsection (c); (3) in the heading for title II, by striking “ORGANIZATION” and inserting “SPECIAL REPRESENTATIVES AND VISITING SCHOLARS”; (4) in section 27 (22 U.S.C. 2567)— (A) by striking the third sentence; (B) in the fourth sentence, by striking “, acting through the Director”; and (C) in the fifth sentence, by striking “Agency” and inserting “Department of State”; (5) in section 28 (22 U.S.C. 2568)— (A) by striking “Director” each place it appears and inserting “Secretary of State”; (B) in the second sentence— (i) by striking “Agency” each place it appears and inserting “Department of State”; and (ii) by striking “Agency’s” and inserting “Department of State’s”; and (C) by striking the fourth sentence; (6) in section 31 (22 U.S.C. 2571)— (A) by inserting “this title in” after “powers in”; (B) by striking “Director” each place it appears and inserting “Secretary of State”; (C) by striking “insure” each place it appears and inserting “ensure”; (D) in the second sentence, by striking “in accordance with procedures established under section 35 of this Act”; (E) in the fourth sentence by striking “The authority” and all that follows through “disarmament:” and inserting the following: “The authority of the Secretary under this Act with respect to research, development, and other studies concerning arms control, nonproliferation, and disarmament shall be limited to participation in the following:”; and (F) in subsection (1), by inserting “and” at the end; (7) in section 32 (22 U.S.C. 2572)— (A) by striking “Director” and inserting “Secretary of State”; and (B) by striking “subsection” and inserting “section”; (8) in section 33(a) (22 U.S.C. 2573(a))— (A) by striking “the Secretary of State,”; and (B) by striking “Director” and inserting “Secretary of State”; (9) in section 34 (22 U.S.C. 2574)— (A) in subsection (a)— (i) in the first sentence, by striking “Director” and inserting “Secretary of State”; (ii) in the first sentence, by striking “and the Secretary of State”; (iii) in the first sentence, by inserting “, non-proliferation,” after “in the fields of arms control”; (iv) in the first sentence, by striking “and shall have primary responsibility, whenever directed by the President, for the preparation, conduct, and management of the United States participation in international negotiations and implementation fora in the field of nonproliferation”; (v) in the second sentence, by striking “section 27” and inserting “section 201”; and (vi) in the second sentence, by striking “the” after “serve as”; (B) by striking subsection (b); (C) by redesignating subsection (c) as subsection (b); and (D) in subsection (b) (as redesignated)— (i) in the text above paragraph (1), by striking “Director” and inserting “Secretary of State”; (ii) by striking paragraph (1); and (iii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; (10) in section 36 (22 U.S.C. 2576)— (A) by striking “Director” each place it appears and inserting “Secretary of State”; and (B) by striking “, in accordance with the procedures established pursuant to section 35 of this Act”; (11) in section 37 (22 U.S.C. 2577)— (A) by striking “Director” and “Agency” each place it appears and inserting “Secretary of State” or “Department of State”, respectively; and (B) by striking subsection (d); (12) in section 38 (22 U.S.C. 2578)— (A) by striking “Director” each place it appears and inserting “Secretary of State”; and (B) by striking subsection (c); (13) in section 41 (22 U.S.C. 2581)— (A) by striking “In the performance of his functions, the Director” and inserting “In addition to any authorities otherwise available, the Secretary of State in the performance of functions under this Act”; (B) by striking “Agency”, “Agency’s”, “Director”, and “Director’s” each place they appear and inserting “Department of State”, “Department of State’s”, “Secretary of State”, or “Secretary of State’s”, as appropriate; (C) in subsection (a), by striking the sentence that begins “It is the intent”; (D) in subsection (b)— (i) by striking “appoint officers and employees, including attorneys, for the Agency in accordance with the provisions of title 5, United States Code, governing appointment in the competitive service, and fix their compensation in accordance with chapter 51 and with subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates, except that the Director may, to the extent the Director determines necessary to the discharge of his responsibilities,”; (ii) in paragraph (1), by striking “exception” and inserting “subsection”; and (iii) in paragraph (2)— (I) by striking “exception” and inserting “subsection”; and (II) by striking “ceiling” and inserting “positions allocated to carry out the purpose of this Act”; (E) by striking subsection (g); (F) by redesignating subsections (h), (i), and (j) as subsections (g), (h), and (i), respectively; (G) by amending subsection (f) to read as follows: “(f) establish a scientific and policy advisory board to advise with and make recommendations to the Secretary of State on United States arms control, nonproliferation, and disarmament policy and activities. A majority of the board shall be composed of individuals who have a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who have distinguished themselves in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering. The members of the board may receive the compensation and reimbursement for expenses specified for consultants by subsection (d) of this section,”; and (H) in subsection (h) (as redesignated), by striking “Deputy Director” and inserting “Under Secretary for Arms Control and International Security”; (14) in section 44 (22 U.S.C. 2584)— (A) by striking “conflict-of-interest and”; (B) by striking “The members” and all that follows through “(5 U.S.C. 2263), or any other” and inserting “Members of advisory boards and consultants may serve as such without regard to any”; and (C) by inserting at the end the following new sentence: “This section shall apply only to individuals carrying out activities related to arms control, nonproliferation, and disarmament.”; (15) in section 51 (22 U.S.C. 2593a)— (A) in subsection (a)— (i) in paragraphs (1) and (3), by inserting “, non-proliferation,” after “arms control” each place it appears; (ii) by striking “Director, in consultation with the Secretary of State,” and inserting “Secretary of State with the concurrence of the Director of Central Intelligence and in consultation with”; (iii) by striking “the Chairman of the Joint Chiefs of Staff, and the Director of Central Intelligence” and inserting “and the Chairman of the Joint Chiefs of Staff”; (iv) by striking paragraphs (2) and (4); and (v) by redesignating paragraphs (3), (5), (6), and (7) as paragraphs (2) through (5), respectively; and (B) by adding at the end of subsection (b) the following: “The portions of this report described in paragraphs (4) and (5) of subsection (a) shall summarize in detail, at least in classified annexes, the information, analysis, and conclusions relevant to possible noncompliance by other nations that are provided by United States intelligence agencies.”; (16) in section 52 (22 U.S.C. 2593b), by striking “Director” and inserting “Secretary of State”; (17) in section 61 (22 U.S.C. 2593a)— (A) in paragraph (1), by striking “United States Arms Control and Disarmament Agency” and inserting “Department of State”; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively; (D) in paragraph (4) (as redesignated), by striking “paragraph (4)” and inserting “paragraph (3)”; and (E) in paragraph (6) (as redesignated), by striking “United States Arms Control and Disarmament Agency and the”; (18) in section 62 (22 U.S.C. 2595a)— (A) in subsection (c)— (i) in the subsection heading, by striking “DIRECTOR” and inserting “SECRETARY OF STATE”; and (ii) by striking “2(d), 22, and 34(c)” and inserting “102(3) and 304(b)”; and (B) by striking “Director” and inserting “Secretary of State”; (19) in section 64 (22 U.S.C. 2595b–1)— (A) by striking the section title and inserting “SEC. 503. REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.” (B) by striking subsection (a); and (C) in subsection (b)— (i) by striking “(b) Review of Certain Re-Programming Notifications.—”; and (ii) by striking “Foreign Affairs” and inserting “International Relations”; (20) in section 65(1) (22 U.S.C. 2595c(D) by inserting “of America” after “United States”; and (21) by redesignating sections 1, 2, 3, 27, 28, 31, 32, 33, 34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, and 65, as amended by this section, as sections 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 501, 502, 503, and 504, respectively. SEC. 1224. COMPENSATION OF OFFICERS. Title 5, United States Code, is amended— (1) in section 5313, by striking “Director of the United States Arms Control and Disarmament Agency.”; (2) in section 5314, by striking “Deputy Director of the United States Arms Control and Disarmament Agency.”; (3) in section 5315— (A) by striking “Assistant Directors, United States Arms Control and Disarmament Agency (4).”; and (B) by striking “Special Representatives of the President for arms control, nonproliferation, and disarmament matters, United States Arms Control and Disarmament Agency”, and inserting “Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State”; and (4) in section 5316, by striking “General Counsel of the United States Arms Control and Disarmament Agency”. SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS. (a) Arms Export Control Act.—The Arms Export Control Act is amended— (1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by striking “Director of the Arms Control and Disarmament Agency in consultation with the Secretary of State and the Secretary of Defense” and inserting “Secretary of State in consultation with the Secretary of Defense and the Director of Central Intelligence”; (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))— (A) in the first sentence, by striking “be made in coordination with the Director of the United States Arms Control and Disarmament Agency, taking into account the Director’s assessment as to” and inserting “take into account”; and (B) by striking the second sentence; (3) in section 42(a) (22 U.S.C. 2791(a))— (A) in paragraph (1)(C), by striking “the assessment of the Director of the United States Arms Control and Disarmament Agency as to”; (B) by striking “(1)” after “(a)”; and (C) by striking paragraph (2); (4) in section 71(a) (22 U.S.C. 2797(a)), by striking “, the Director of the Arms Control and Disarmament Agency,”; (5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking “and the Director of the United States Arms Control and Disarmament Agency”; (6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))— (A) by striking “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency” and inserting “and the Secretary of Commerce”; and (B) by striking “or the Director”; (7) in section 71(c) (22 U.S.C. 2797(c)), by striking “with the Director of the United States Arms Control and Disarmament Agency,”; and (8) in section 73(d) (22 U.S.C. 2797b(d)), by striking “, the Secretary of Commerce, and the Director of the United States Arms Control and Disarmament Agency” and inserting “and the Secretary of Commerce”. (b) Foreign Assistance Act.—Section 511 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321d) is amended by striking “be made in coordination with the Director of the United States Arms Control and Disarmament Agency and shall take into account his opinion as to” and inserting “take into account”. (c) United States Institute of Peace Act.— (1) Section 1706(b) of the United States Institute of Peace Act (22 U.S.C. 4605(b)) is amended— (A) by striking paragraph (3); (B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (C) in paragraph (4) (as redesignated), by striking “Eleven” and inserting “Twelve”. (2) Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2)) is amended by striking “, Director of the Arms Control and Disarmament Agency”. (d) Atomic Energy Act of 1954.—The Atomic Energy Act of 1954 is amended— (1) in section 57b. (42 U.S.C. 2077(b))— (A) in the first sentence, by striking “the Arms Control and Disarmament Agency,”; and (B) in the second sentence, by striking “the Director of the Arms Control and Disarmament Agency,”; (2) in section 109b. (42 U.S.C. 2129(b)), by striking “and the Director”; (3) in section 111b. (42 U.S.C. 2131(b)) by striking “the Arms Control and Disarmament Agency, the Nuclear Regulatory Commission,” and inserting “the Nuclear Regulatory Commission”; (4) in section 123 (42 U.S.C. 2153)— (A) in subsection a., in the third sentence— (i) by striking “and in consultation with the Director of the Arms Control and Disarmament Agency (‘the Director’)”; (ii) by inserting “and” after “Energy,”; (iii) by striking “Commission, and the Director, who” and inserting “Commission. The Secretary of State”; and (iv) after “nuclear explosive purpose.”, by inserting the following new sentence: “Each Nuclear Proliferation Assessment Statement prepared pursuant to this Act shall be accompanied by a classified annex, prepared in consultation with the Director of Central Intelligence, summarizing relevant classified information.”; (B) in subsection d., in the first proviso— (i) by striking “Nuclear Proliferation Assessment Statement prepared by the Director of the Arms Control and Disarmament Agency,” and inserting “Nuclear Proliferation Assessment Statement prepared by the Secretary of State, and any annexes thereto,”; and (ii) by striking “has been” and inserting “have been”; and (C) in the first undesignated paragraph following subsection d., by striking “the Arms Control and Disarmament Agency,”; (5) in section 126a.(1), by striking “the Director of the Arms Control and Disarmament Agency, and the Nuclear Regulatory Commission” and inserting “and the Nuclear Regulatory Commission,”; (6) in section 131a. (42 U.S.C. 2160(a))— (A) in paragraph (1)— (i) in the first sentence, by striking “the Director,”; (ii) in the third sentence, by striking “the Director declares that he intends” and inserting “the Secretary of State is required”; and (iii) in the third sentence, by striking “the Director’s declaration” and inserting “the requirement to prepare a Nuclear Proliferation Assessment Statement”; (B) in paragraph (2)— (i) by striking “Director’s view” and inserting “view of the Secretary of State, Secretary of Energy, Secretary of Defense, or the Commission”; and (ii) by striking “he may prepare” and inserting “the Secretary of State, in consultation with such Secretary or the Commission, shall prepare”; and (7) in section 131c. (42 U.S.C. 2160(c))— (A) in the first sentence, by striking “, the Director of the Arms Control and Disarmament Agency,”; (B) in the sixth and seventh sentences, by striking “Director” each place it appears and inserting “Secretary of State”; and (C) in the seventh sentence, by striking “Director’s” and inserting “Secretary of State’s”. (e) Nuclear Non-Proliferation Act of 1978.—The Nuclear Non-Proliferation Act of 1978 is amended— (1) in section 4 (22 U.S.C. 3203)— (A) by striking paragraph (2); and (B) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively; (2) in section 102 (22 U.S.C. 3222), by striking “, the Secretary of State, and the Director of the Arms Control and Disarmament Agency” and inserting “and the Secretary of State”; (3) in section 304(d) (42 U.S.C. 2156a), by striking “the Secretary of Defense, and the Director,” and inserting “and the Secretary of Defense,”; (4) in section 309 (42 U.S.C. 2139a)— (A) in subsection (b), by striking “the Department of Commerce, and the Arms Control and Disarmament Agency” and inserting “and the Department of Commerce”; and (B) in subsection (c), by striking “the Arms Control and Disarmament Agency,”; (5) in section 406 (42 U.S.C. 2160a), by inserting “, or any annexes thereto,” after “Statement”; and (6) in section 602 (22 U.S.C. 3282)— (A) in subsection (c), by striking “the Arms Control and Disarmament Agency,”; and (B) in subsection (e), by striking “and the Director”. (f) State Department Basic Authorities Act of 1956.—Section 23(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2695(a)) is amended by striking “the Agency for International Development, and the Arms Control and Disarmament Agency” and inserting “and the Agency for International Development”. (g) Foreign Relations Authorization Act of 1972.—Section 502 of the Foreign Relations Authorization Act of 1972 (2 U.S.C. 194a) is amended by striking “the United States Arms Control and Disarmament Agency,”. (h) Title 49.—Section 40118(d) of title 49, United States Code, is amended by striking “, or the Director of the Arms Control and Disarmament Agency”. TITLE XIII—UNITED STATES INFORMATION AGENCY SEC. 1301. EFFECTIVE DATE. This title, and the amendments made by this title, shall take effect on the earlier of— (1) October 1, 1999; or (2) the date of abolition of the United States Information Agency pursuant to the reorganization plan described in section 1601. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS SEC. 1311. ABOLITION OF UNITED STATES INFORMATION AGENCY. The United States Information Agency (other than the Broadcasting Board of Governors and the International Broadcasting Bureau) is abolished. SEC. 1312. TRANSFER OF FUNCTIONS. (a) In General.—There are transferred to the Secretary of State all functions of the Director of the United States Information Agency and all functions of the United States Information Agency and any office or component of such agency, under any statute, reorganization plan, Executive order, or other provision of law, as of the day before the effective date of this title. (b) Exception.—Subsection (a) does not apply to the Broadcasting Board of Governors, the International Broadcasting Bureau, or any function performed by the Board or the Bureau. SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY. Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is further amended by adding at the end the following new paragraph: “(3) Under secretary for public diplomacy.—There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Public Diplomacy, who shall have primary responsibility to assist the Secretary and the Deputy Secretary in the formation and implementation of United States public diplomacy policies and activities, including international educational and cultural exchange programs, information, and international broadcasting.”. SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF FUNCTIONS. (a) Abolition of Office.—The Office of Inspector General of the United States Information Agency is abolished. (b) Amendments to Inspector General Act of 1978.—Section 11 of the Inspector General Act of 1978 (5 U.S.C. App ) is amended— (1) in paragraph (1), by striking “the Office of Personnel Management, the United States Information Agency” and inserting “or the Office of Personnel Management”; and (2) in paragraph (2), by striking “the United States Information Agency,”. (c) Executive Schedule.—Section 5315 of title 5, United States Code, is amended by striking the following: “Inspector General, United States Information Agency.”. (d) Amendments to Public Law 103–236.—Subsections (i) and (j) of section 308 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and (j)) are amended— (1) by striking “Inspector General of the United States Information Agency” each place it appears and inserting “Inspector General of the Department of State and the Foreign Service”; and (2) by striking “, the Director of the United States Information Agency,”. (e) Transfer of Functions.—There are transferred to the Office of the Inspector General of the Department of State and the Foreign Service the functions that the Office of Inspector General of the United States Information Agency exercised before the effective date of this title (including all related functions of the Inspector General of the United States Information Agency). CHAPTER 3—INTERNATIONAL BROADCASTING SEC. 1321. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. Congress finds that— (1) it is the policy of the United States to promote the right of freedom of opinion and expression, including the freedom “to seek, receive, and impart information and ideas through any media and regardless of frontiers”, in accordance with Article 19 of the Universal Declaration of Human Rights; (2) open communication of information and ideas among the peoples of the world contributes to international peace and stability, and the promotion of such communication is in the interests of the United States; (3) it is in the interest of the United States to support broadcasting to other nations consistent with the requirements of this chapter and the United States International Broadcasting Act of 1994; and (4) international broadcasting is, and should remain, an essential instrument of United States foreign policy. SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF GOVERNORS. Section 304(a) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to read as follows: “(a) Continued Existence Within Executive Branch.— “(1) In general.—The Broadcasting Board of Governors shall continue to exist within the Executive branch of Government as an entity described in section 104 of title 5, United States Code. “(2) Retention of existing board members.—The members of the Broadcasting Board of Governors appointed by the President pursuant to subsection (b)(1)(A) before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998 and holding office as of that date may serve the remainder of their terms of office without reappointment. “(3) Inspector general authorities.— “(A) In general.—The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the Broadcasting Board of Governors and the International Broadcasting Bureau as the Inspector General exercises under the Inspector General Act of 1978 and section 209 of the Foreign Service Act of 1980 with respect to the Department of State. “(B) Respect for journalistic integrity of broadcasters.—The Inspector General shall respect the journalistic integrity of all the broadcasters covered by this title and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts.”. SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994. (a) References in Section.—Whenever in this section an amendment or repeal is expressed as an amendment or repeal of a provision, the reference shall be deemed to be made to the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.). (b) Substitution of Secretary of State.—Sections 304(b)(1)(B), 304(b) (2) and (3), 304(c), and 304(e) (22 U.S.C. 6203(b)(1)(B), 6203(b) (2) and (3), 6203(c), and 6203(e)) are amended by striking “Director of the United States Information Agency” each place it appears and inserting “Secretary of State”. (c) Substitution of Acting Secretary of State.—Section 304(c) (22 U.S.C. 6203(c)) is amended by striking “acting Director of the agency” and inserting “Acting Secretary of State”. (d) Standards and Principles of International Broadcasting.—Section 303(b) (22 U.S.C. 6202(b)) is amended— (1) in paragraph (3), by inserting “, including editorials, broadcast by the Voice of America, which present the views of the United States Government” after “policies”; (2) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; and (3) by inserting after paragraph (3) the following: “(4) the capability to provide a surge capacity to support United States foreign policy objectives during crises abroad;”; (e) Authorities of the Board.—Section 305(a) (22 U.S.C. 6204(a)) is amended— (1) in paragraph (1)— (A) by striking “direct and”; and (B) by striking “and the Television Broadcasting to Cuba Act” and inserting “, the Television Broadcasting to Cuba Act, and Worldnet Television, except as provided in section 306(b)”; (2) in paragraph (4), by inserting “, after consultation with the Secretary of State,” after “annually,”; (3) in paragraph (9)— (A) by striking “, through the Director of the United States Information Agency,”; and (B) by adding at the end the following new sentence: “Each annual report shall place special emphasis on the assessment described in paragraph (2).”; (4) in paragraph (12)— (A) by striking “1994 and 1995” and inserting “1998 and 1999”; and (B) by striking “to the Board for International Broadcasting for such purposes for fiscal year 1993” and inserting “to the Board and the International Broadcasting Bureau for such purposes for fiscal year 1997”; and (5) by adding at the end the following new paragraphs: “(15)(A) To procure temporary and intermittent personal services to the same extent as is authorized by section 3109 of title 5, United States Code, at rates not to exceed the daily equivalent of the rate provided for positions classified above grade GS–15 of the General Schedule under section 5108 of title 5, United States Code. “(B) To allow those providing such services, while away from their homes or their regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently, while so employed. “(16) To procure, pursuant to section 1535 of title 31, United States Code (commonly known as the ‘Economy Act’), such goods and services from other departments or agencies for the Board and the International Broadcasting Bureau as the Board determines are appropriate. “(17) To utilize the provisions of titles III, IV, V, VII, VIII, IX, and X of the United States Information and Educational Exchange Act of 1948, and section 6 of Reorganization Plan Number 2 of 1977, as in effect on the day before the effective date of title XIII of the Foreign Affairs Agencies Consolidation Act of 1998, to the extent the Board considers necessary in carrying out the provisions and purposes of this title. “(18) To utilize the authorities of any other statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding that had been available to the Director of the United States Information Agency, the Bureau, or the Board before the effective date of title XIII of the Foreign Affairs Consolidation Act of 1998 for carrying out the broadcasting activities covered by this title.”. (f) Delegation of Authority.—Section 305 (22 U.S.C. 6204) is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following new subsection: “(b) Delegation of Authority.—The Board may delegate to the Director of the International Broadcasting Bureau, or any other officer or employee of the United States, to the extent the Board determines to be appropriate, the authorities provided in this section, except those authorities provided in paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of subsection (a).”. (g) Broadcasting Budgets.—Section 305(c)(1) (as redesignated) is amended— (1) by striking “(1)” before “The Director”; and (2) by striking “the Director of the United States Information Agency for the consideration of the Director as a part of the Agency’s budget submission to”. (h) Repeal.—Section 305(c)(2) (as redesignated) is repealed. (i) Implementation.—Section 305(d) (as redesignated) is amended to read as follows: “(d) Professional Independence of Broadcasters.—The Secretary of State and the Board, in carrying out their functions, shall respect the professional independence and integrity of the International Broadcasting Bureau, its broadcasting services, and the grantees of the Board.”. (j) Foreign Policy Guidance.—Section 306 (22 U.S.C. 6205) is amended— (1) in the section heading, by striking “FOREIGN POLICY GUIDANCE” and inserting “ROLE OF THE SECRETARY OF STATE”; (2) by inserting “(a) Foreign Policy Guidance.—” immediately before “To”; (3) by striking “State, acting through the Director of the United States Information Agency,” and inserting “State”; (4) by inserting before the period at the end the following: “, as the Secretary may deem appropriate”; and (5) by adding at the end the following: “(b) Certain Worldnet Programming.—The Secretary of State is authorized to use Worldnet broadcasts for the purposes of continuing interactive dialogues with foreign media and other similar overseas public diplomacy programs sponsored by the Department of State. The Chairman of the Broadcasting Board of Governors shall provide access to Worldnet for this purpose on a nonreimbursable basis.”. (k) International Broadcasting Bureau.—Section 307 (22 U.S.C. 6206) is amended— (1) in subsection (a), by striking “within the United States Information Agency” and inserting “under the Board”; (2) in subsection (b)(1), by striking “Chairman of the Board, in consultation with the Director of the United States Information Agency and with the concurrence of a majority of the Board” and inserting “President, by and with the advice and consent of the Senate”; (3) by redesignating subsection (b)(1) as subsection (b); (4) by striking subsection (b)(2); and (5) by adding at the end the following new subsection: “(c) Responsibilities of the Director.—The Director shall organize and chair a coordinating committee to examine and make recommendations to the Board on long-term strategies for the future of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free Asia, RFE/ RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate, the Office of Cuba Broadcasting, the Voice of America, and Worldnet.”. (l) Repeals.—The following provisions of law are repealed: (1) Subsections (k) and (1) of section 308 (22 U.S.C. 6207 (k), (1)). (2) Section 310 (22 U.S.C. 6209). SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT. The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) is amended— (1) by striking “United States Information Agency” each place it appears and inserting “Broadcasting Board of Governors”; (2) by striking “Agency” each place it appears and inserting “Board”; (3) by striking “the Director of the United States Information Agency” each place it appears and inserting “the Broadcasting Board of Governors”; (4) in section 4 (22 U.S.C. 1465b), by striking “the Voice of America” and inserting “the International Broadcasting Bureau”; (5) in section 5 (22 U.S.C. 1465c)— (A) by striking “Board” each place it appears and inserting “Advisory Board”; and (B) in subsection (a), by striking the first sentence and inserting “There is established within the Office of the President the Advisory Board for Cuba Broadcasting (in this division referred to as the ‘Advisory Board’).”; and (6) by striking any other reference to “Director” not amended by paragraph (3) each place it appears and inserting “Board”. SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA ACT. The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.) is amended— (1) in section 243(a) (22 U.S.C. 1465bb(a)) and section 246 (22 U.S.C. 1465dd), by striking “United States Information Agency” each place it appears and inserting “Broadcasting Board of Governors”; (2) in section 243(c) (22 U.S.C. 1465bb(c))— (A) in the subsection heading, by striking “USIA”; and (B) by striking “USIA Television” and inserting “the Television”; (3) in section 244(c) (22 U.S.C. 1465cc(c)) and section 246 (22 U.S.C. 1465dd), by striking “Agency” each place it appears and inserting “Board”; (4) in section 244 (22 U.S.C. 1465cc)— (A) in the section heading, by striking “OF THE UNITED STATES INFORMATION AGENCY”, (B) in subsection (a)— (i) in the first sentence, by striking “The Director of the United States Information Agency shall establish” and inserting “There is”; and (ii) in the second sentence— (I) by striking “Director of the United States Information Agency” and inserting “Broadcasting Board of Governors”; and (II) by striking “the Director of the Voice of America” and inserting “the International Broadcasting Bureau”; (C) in subsection (b)— (i) by striking “Agency facilities” and inserting “Board facilities”; and (ii) by striking “Information Agency” and inserting “International”; and (D) in the heading of subsection (c), by striking “USIA”; and (5) in section 245(d) (22 U.S.C. 1465c note), by striking “Board” and inserting “Advisory Board”. SEC. 1326. TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, AND PERSONNEL. (a) Transfer and Allocation of Property and Appropriations— (1) In general.—The assets, liabilities (including contingent liabilities arising from suits continued with a substitution or addition of parties under section 1327(d)), contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices of USIA transferred to the Broadcasting Board of Governors by this chapter shall be transferred to the Broadcasting Board of Governors for appropriate allocation. (2) Additional transfers.—In addition to the transfers made under paragraph (1), there shall be transferred to the Chairman of the Broadcasting Board of Governors the assets, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds, as determined by the Secretary, in concurrence with the Broadcasting Board of Governors, to support the functions transferred by this chapter. (b) Transfer of Personnel.—Notwithstanding any other provision of law— (1) except as provided in subsection (c), all personnel and positions of USIA employed or maintained to carry out the functions transferred by this chapter to the Broadcasting Board of Governors shall be transferred to the Broadcasting Board of Governors at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer; and (2) the personnel and positions of USIA, as determined by the Secretary of State, with the concurrence of the Broadcasting Board of Governors and the Director of USIA, to support the functions transferred by this chapter shall be transferred to the Broadcasting Board of Governors, including the International Broadcasting Bureau, at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer. (c) Transfer and Allocation of Property, Appropriations, and Personnel Associated With Worldnet.—USIA personnel responsible for carrying out interactive dialogs with foreign media and other similar overseas public diplomacy programs using the Worldnet television broadcasting system, and funds associated with such personnel, shall be transferred to the Department of State in accordance with the provisions of title XVI of this subdivision. (d) Incidental Transfers.—The Director of the Office of Management and Budget, when requested by the Broadcasting Board of Governors, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with functions and offices transferred from USIA, as may be necessary to carry out the provisions of this section. SEC. 1327. SAVINGS PROVISIONS. (a) Continuing Legal Force and Effect.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions— (1) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions exercised by the Broadcasting Board of Governors of the United States Information Agency on the day before the effective date of this title, and (2) that are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Broadcasting Board of Governors, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.— (1) In general.—The provisions of this chapter, or amendments made by this chapter, shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Broadcasting Board of Governors of the United States Information Agency at the time this title takes effect, with respect to functions exercised by the Board as of the effective date of this title but such proceedings and applications shall be continued. (2) Orders, appeals, and payments.—Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. (3) Statutory construction.—Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this chapter had not been enacted. (c) Nonabatement of Proceedings.—No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Broadcasting Board of Governors, or any commission or component thereof, shall abate by reason of the enactment of this chapter. No cause of action by or against the Broadcasting Board of Governors, or any commission or component thereof, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this chapter. (d) Continuation of Proceedings With Substitution of Parties.— (1) Substitution of parties.—If, before the effective date of this title, USIA or the Broadcasting Board of Governors, or any officer thereof in the official capacity of such officer, is a party to a suit which is related to the functions transferred by this chapter, then effective on such date such suit shall be continued with the Broadcasting Board of Governors or other appropriate official of the Board substituted or added as a party. (2) The Board shall participate in suits continued under paragraph (1) where the Broadcasting Board of Governors or other appropriate official of the Board is added as a party and shall be liable for any judgments or remedies in those suits or proceedings arising from the exercise of the functions transferred by this chapter to the same extent that USIA would have been liable if such judgment or remedy had been rendered on the day before the abolition of USIA. (e) Administrative Actions Relating to Promulgation of Regulations.—Any administrative action relating to the preparation or promulgation of a regulation by the Broadcasting Board of Governors relating to a function exercised by the Board before the effective date of this title may be continued by the Board with the same effect as if this chapter had not been enacted. (f) Reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Broadcasting Board of Governors of the United States Information Agency with regard to functions exercised before the effective date of this title, shall be deemed to refer to the Board. SEC. 1328. REPORT ON THE PRIVATIZATION OF RFE/RL, INCORPORATED. Not later than March 1 of each year, the Broadcasting Board of Governors shall submit to the appropriate congressional committees a report on the progress of the Board and of RFE/RL, Incorporated, on any steps taken to further the policy declared in section 312(a) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995. The report under this subsection shall include the following: (1) Efforts by RFE/RL, Incorporated, to terminate individual language services. (2) A detailed description of steps taken with regard to section 312(a) of that Act. (3) An analysis of prospects for privatization over the coming year. (4) An assessment of the extent to which United States Government funding may be appropriate in the year 2000 and subsequent years for surrogate broadcasting to the countries to which RFE/RL, Incorporated, broadcast during the year. This assessment shall include an analysis of the environment for independent media in those countries, noting the extent of government control of the media, the ability of independent journalists and news organizations to operate, relevant domestic legislation, level of government harassment and efforts to censor, and other indications of whether the people of such countries enjoy freedom of expression. CHAPTER 4—CONFORMING AMENDMENTS SEC. 1331. REFERENCES. (a) In General.—Except as otherwise provided in this subdivision, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to— (1) the Director of the United States Information Agency or the Director of the International Communication Agency shall be deemed to refer to the Secretary of State; and (2) the United States Information Agency, USIA, or the International Communication Agency shall be deemed to refer to the Department of State. (b) Continuing References to USIA or Director.—Subsection (a) shall not apply to section 146 (a), (b), or (c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)). SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE. Title 5, United States Code, is amended— (1) in section 5313, by striking “Director of the United States Information Agency.”; (2) in section 5315— (A) by striking “Deputy Director of the United States Information Agency.”; and (B) by striking “Director of the International Broadcasting Bureau, the United States Information Agency.” and inserting “Director of the International Broadcasting Bureau.”; and (3) in section 5316— (A) by striking “Deputy Director, Policy and Plans, United States Information Agency.”; and (B) by striking “Associate Director (Policy and Plans), United States Information Agency.”. SEC. 1333. APPLICATION OF CERTAIN LAWS. (a) Application to Functions of Department of State.—Section 501 of Public Law 80–402 (22 U.S.C. 1461), section 202 of Public Law 95–426 (22 U.S.C. 1461–1), and section 208 of Public Law 99–93 (22 U.S.C. 1461–1a) shall not apply to public affairs and other information dissemination functions of the Secretary of State as carried out prior to any transfer of functions pursuant to this subdivision. (b) Application to Functions Transferred to Department of State.—Section 501 of Public Law 80–402 (22 U.S.C. 1461), section 202 of Public Law 95–426 (22 U.S.C. 1461–1), and section 208 of Public Law 99–93 (22 U.S.C. 1461–1a) shall apply only to public diplomacy programs of the Director of the United States Information Agency as carried out prior to any transfer of functions pursuant to this subdivision to the same extent that such programs were covered by these provisions prior to such transfer. (c) Limitation on Use of Funds.—Except as provided in section 501 of Public Law 80–402 and section 208 of Public Law 99–93, funds specifically authorized to be appropriated for such public diplomacy programs shall not be used to influence public opinion in the United States, and no program material prepared using such funds shall be distributed or disseminated in the United States. (d) Reporting Requirements.—The report submitted pursuant to section 1601(f) of this subdivision shall include a detailed statement of the manner in which the special mission of public diplomacy carried out by USIA prior to the transfer of functions under this subdivision shall be preserved within the Department of State, including the planned duties and responsibilities of any new bureaus that will perform such public diplomacy functions. Such report shall also include the best available estimates of— (1) the amounts expended by the Department of State for public affairs programs during fiscal year 1998, and on the personnel and support costs for such programs; (2) the amounts expended by USIA for its public diplomacy programs during fiscal year 1998, and on the personnel and support costs for such programs; and (3) the amounts, including funds to be transferred from USIA and funds appropriated to the Department, that will be allocated for the programs described in paragraphs (1) and (2), respectively, during the fiscal year in which the transfer of functions from USIA to the Department occurs. (e) Congressional Presentation Document.—The Department of State’s Congressional Presentation Document for fiscal year 2000 and each fiscal year thereafter shall include— (1) the aggregated amounts that the Department will spend on such public diplomacy programs and on costs of personnel for such programs, and a detailed description of the goals and purposes for which such funds shall be expended; and (2) the amount of funds allocated to and the positions authorized for such public diplomacy programs, including bureaus to be created upon the transfer of functions from USIA to the Department. SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY. (a) Abolition.—The United States Advisory Commission on Public Diplomacy is abolished. (b) Repeals.—Section 604 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1469) and section 8 of Reorganization Plan Numbered 2 of 1977 are repealed. SEC. 1335. CONFORMING AMENDMENTS. (a) The United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.) is amended— (1) in section 505 (22 U.S.C. 1464a)— (A) by striking “Director of the United States Information Agency” each place it appears and inserting “Broadcasting Board of Governors”; (B) by striking “United States Information Agency” each place it appears and inserting “Broadcasting Board of Governors”; (C) in subsection (b)— (i) by striking “Agency’s” and all that follows through “‘USIA-TV’)” and inserting “television broadcasts of the United States International Television Service”; and (ii) in paragraphs (1), (2), and (3), by striking “USIA-TV” each place it appears and inserting “The United States International Television Service”; and (D) in subsections (d) and (e), by striking “USIA-TV” each place it appears and inserting “the United States International Television Service”; (2) in section 506(c) (22 U.S.C. 1464b(c))— (A) by striking “Director of the United States Information Agency” and inserting “Broadcasting Board of Governors”; (B) by striking “Agency” and inserting “Board”; and (C) by striking “Director” and inserting “Board”; (3) in section 705 (22 U.S.C 1477c)— (A) by striking subsections (a) and (c); and (B) in subsection (b)— (i) by striking “(b) In addition, the United States Information Agency” and inserting “The Department of State”; and (ii) by striking “program grants” and inserting “grants for overseas public diplomacy programs”; (4) in section 801(7) (22 U.S.C. 1471(7))— (A) by striking “Agency” and inserting “overseas public diplomacy”; and (B) by inserting “other” after “together with”; and (5) in section 812 (22 U.S.C. 1475g)— (A) by striking “United States Information Agency post” each place it appears and inserting “overseas public diplomacy post”; (B) in subsection (a), by striking “United States Information Agency” the first place it appears and inserting “Department of State”; (C) in subsection (b), by striking “Director of the United States Information Agency” and inserting “Secretary of State”; and (D) in the section heading, by striking “USIA” and inserting “OVERSEAS PUBLIC DIPLOMACY”. (b) Section 212 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended— (1) by striking “United States Information Agency” each place it appears and inserting “Department of State”; (2) in subsection (a), by inserting “for carrying out its overseas public diplomacy functions” after “grants”; (3) in subsection (b)— (A) by striking “a grant” the first time it appears and inserting “an overseas public diplomacy grant”; and (B) in paragraph (1), by inserting “such” before “a grant” the first place it appears; (4) in subsection (c)(1), by inserting “overseas public diplomacy” before “grants”; (5) in subsection (c)(3), by inserting “such” before “grant”; and (6) by striking subsection (d). (c) Section 602 of the National and Community Service Act of 1990 (22 U.S.C. 2452a) is amended— (1) in the second sentence of subsection (a), by striking “United States Information Agency” and inserting “Department of State”; and (2) in subsection (b)— (A) by striking “appropriations account of the United States Information Agency” and inserting “appropriate appropriations account of the Department of State”; and (B) by striking “and the United States Information Agency”. (d) Section 305 of Public Law 97–446 (19 U.S.C. 2604) is amended in the first sentence, by striking “, after consultation with the Director of the United States Information Agency,”. (e) Section 601 of Public Law 103–227 (20 U.S.C. 5951(a)) is amended by striking “of the Director of the United States Information Agency and with” and inserting “and”. (f) Section 1003(b) of the Fascell Fellowship Act (22 U.S.C. 4902(b)) is amended— (1) in the text above paragraph (1), by striking “9 members” and inserting “7 members”; (2) in paragraph (4), by striking “Six” and inserting “Five”; (3) by striking paragraph (3); and (4) by redesignating paragraph (4) as paragraph (3). (g) Section 803 of the Intelligence Authorization Act, Fiscal Year 1992 (50 U.S.C. 1903) is amended— (1) in subsection (b)— (A) by striking paragraph (6); and (B) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; and (2) in subsection (c), by striking “subsection (b)(7)” and inserting “subsection (b)(6)”. (h) Section 7 of the Federal Triangle Development Act (40 U.S.C. 1106) is amended— (1) in subsection (c)(1)— (A) in the text above subparagraph (A), by striking “15 members” and inserting “14 members”; (B) by striking subparagraph (F); and (C) by redesignating subparagraphs (G) through (J) as subparagraphs (F) through (I), respectively; (2) in paragraphs (3) and (5) of subsection (c), by striking “paragraph (I)(J)” each place it appears and inserting “paragraph (1)(I)”; and (3) in subsection (d)(3) and subsection (e), by striking “the Administrator and the Director of the United States Information Agency” each place it appears and inserting “and the Administrator”. (i) Section 3 of the Woodrow Wilson Memorial Act of 1968 (Public Law 90–637; 20 U.S.C. 80f) is amended— (1) in subsection (b)— (A) in the text preceding paragraph (1), by striking “19 members” and inserting “17 members”; (B) by striking paragraph (7); (C) by striking “10” in paragraph (10) and inserting “9”; and (D) by redesignating paragraphs (8) through (10) as paragraphs (7) through (9), respectively; and (2) in subsection (c), by striking “(9)” and inserting “(8)”. (j) Section 624 of Public Law 89–329 (20 U.S.C. 1131c) is amended by striking “the United States Information Agency,”. (k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended— (1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking “Director of the United States Information Agency” and inserting “Broadcasting Board of Governors”; (2) in section 210 (22 U.S.C. 3930), by striking “United States Information Agency” and inserting “Broadcasting Board of Governors”; (3) in section 1003(a) (22 U.S.C. 4103(a)), by striking “United States Information Agency” and inserting “Broadcasting Board of Governors”; and (4) in section 1101(c) (22 U.S.C. 4131(c)), by striking “the United States Information Agency,” and inserting “Broadcasting Board of Governors,”. (l) The State Department Authorities Act of 1956, as amended by this division, is further amended— (1) in section 23(a) (22 U.S.C. 2695(a)), by striking “United States Information Agency” and inserting “Broadcasting Board of Governors”; (2) in section 25(f) (22 U.S.C. 2697(f))— (A) by striking “Director of the United States Information Agency” and inserting “Broadcasting Board of Governors”; and (B) by striking “with respect to their respective agencies” and inserting “with respect to the Board and the Agency”; (3) in section 26(b) (22 U.S.C. 2698(b)), as amended by this division— (A) by striking “Director of the United States Information Agency, the chairman of the Board for International Broadcasting,” and inserting “Broadcasting Board of Governors,”; and (B) by striking “with respect to their respective agencies” and inserting “with respect to the Board and the Agency”; and (4) in section 32 (22 U.S.C. 2704), as amended by this division, by striking “the Director of the United States Information Agency” and inserting “the Broadcasting Board of Governors”. (m) Section 507(b)(3) of Public Law 103–317 (22 U.S.C. 2669a(b)(3)) is amended by striking “, the United States Information Agency,”. (n) Section 502 of Public Law 92–352 (2 U.S.C. 194a) is amended by striking “the United States Information Agency,”. (o) Section 6 of Public Law 104–288 (22 U.S.C. 2141d) is amended— (1) in subsection (a), by striking “Director of the United States Information Agency,”; and (2) in subsection (b), by striking “the Director of the United States Information Agency” and inserting “the Under Secretary of State for Public Diplomacy”. (p) Section 40118(d) of title 49, United States Code, is amended by striking “, the Director of the United States Information Agency,”. (q) Section 155 of Public Law 102–138 is amended— (1) by striking the comma before “Department of Commerce” and inserting “and”; and (2) by striking “, and the United States Information Agency”. (r) Section 107 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended by striking “Director of the United States Information Agency” each place it appears and inserting “Director of the International Broadcasting Bureau”. SEC. 1336. REPEALS. The following provisions are repealed: (1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 1477b), 807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 (22 U.S.C 14750, and 1009 (22 U.S.C. 1440) of the United States Information and Educational Exchange Act of 1948. (2) Section 106(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2456(c)). (3) Section 565(e) of the Anti-Economic Discrimination Act of 1994 (22 U.S.C. 2679c(e)). (4) Section 206(b) of Public Law 102–138. (5) Section 2241 of Public Law 104–66. (6) Sections 1 through 6 of Reorganization Plan Numbered 2 of 1977 (91 Stat. 636). (7) Section 207 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204; 22 U.S.C. 1463 note). TITLE XIV—UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY CHAPTER 1—GENERAL PROVISIONS SEC. 1401. EFFECTIVE DATE. This title, and the amendments made by this title, shall take effect on the earlier of— (1) April 1, 1999; or (2) the date of abolition of the United States International Development Cooperation Agency pursuant to the reorganization plan described in section 1601. CHAPTER 2—ABOLITION AND TRANSFER OF FUNCTIONS SEC. 1411. ABOLITION OF UNITED STATES INTERNATIONAL DEVELOP MENT COOPERATION AGENCY. (a) In General.—Except for the components specified in subsection (b), the United States International Development Cooperation Agency (including the Institute for Scientific and Technological Cooperation) is abolished. (b) AID and OPIC Exempted.—Subsection (a) does not apply to the Agency for International Development or the Overseas Private Investment Corporation. SEC. 1412. TRANSFER OF FUNCTIONS AND AUTHORITIES. (a) Allocation of Funds.— (1) Allocation to the secretary of state.—Funds made available under the categories of assistance deemed allocated to the Director of the International Development Cooperation Agency under section 1–801 of Executive Order No. 12163 (22 U.S.C. 2381 note) as of October 1, 1997, shall be allocated to the Secretary of State on and after the effective date of this title without further action by the President. (2) Procedures for reallocations or transfers.—The Secretary of State may allocate or transfer as appropriate any funds received under paragraph (1) in the same manner as previously provided for the Director of the International Development Cooperation Agency under section 1–802 of that Executive Order, as in effect on October 1, 1997. (b) With Respect to the Overseas Private Investment Corporation.—There are transferred to the Administrator of the Agency for International Development all functions of the Director of the United States International Development Cooperation Agency as of the day before the effective date of this title with respect to the Overseas Private Investment Corporation. (c) Other Activities.—The authorities and functions transferred to the United States International Development Cooperation Agency or the Director of that Agency by section 6 of Reorganization Plan Numbered 2 of 1979 shall, to the extent such authorities and functions have not been repealed, be transferred to those agencies or heads of agencies, as the case may be, in which those authorities and functions were vested by statute as of the day before the effective date of such reorganization plan. SEC. 1413. STATUS OF AID. (a) In General.—Unless abolished pursuant to the reorganization plan submitted under section 1601, and except as provided in section 1412, there is within the Executive branch of Government the United States Agency for International Development as an entity described in section 104 of title 5, United States Code. (b) Retention of Officers.—Nothing in this section shall require the reappointment of any officer of the United States serving in the Agency for International Development of the United States International Development Cooperation Agency as of the day before the effective date of this title. CHAPTER 3—CONFORMING AMENDMENTS SEC. 1421. REFERENCES. Except as otherwise provided in this subdivision, any reference in any statute, reorganization plan, Executive order, regulation, agreement, determination, or other official document or proceeding to the United States International Development Cooperation Agency (IDCA) or to the Director or any other officer or employee of IDCA— (1) insofar as such reference relates to any function or authority transferred under section 1412(a), shall be deemed to refer to the Secretary of State; (2) insofar as such reference relates to any function or authority transferred under section 1412(b), shall be deemed to refer to the Administrator of the Agency for International Development; (3) insofar as such reference relates to any function or authority transferred under section 1412(c), shall be deemed to refer to the head of the agency to which such function or authority is transferred under such section; and (4) insofar as such reference relates to any function or authority not transferred by this title, shall be deemed to refer to the President or such agency or agencies as may be specified by Executive order. SEC. 1422. CONFORMING AMENDMENTS. (a) Termination of Reorganization Plans and Delegations.—The following shall cease to be effective: (1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.). (2) Section 1–101 through 1–103, sections 1–401 through 1–403, section 1–801(a), and such other provisions that relate to the United States International Development Cooperation Agency or the Director of IDCA, of Executive Order No. 12163 (22 U.S.C. 2381 note; relating to administration of foreign assistance and related functions). (3) The International Development Cooperation Agency Delegation of Authority Numbered 1 (44 Fed. Reg. 57521), except for section 1–6 of such Delegation of Authority. (4) Section 3 of Executive Order No. 12884 (58 Fed. Reg. 64099; relating to the delegation of functions under the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992, the Foreign Assistance Act of 1961, the Foreign Operations, Export Financing and Related Programs Appropriations Act, 1993, and section 301 of title 3, United States Code). (b) Other Statutory Amendments and Repeal.— (1) Title 5.—Section 7103(a)(2)(B)(iv) of title 5, United States Code, is amended by striking “United States International Development Cooperation Agency” and inserting “Agency for International Development”. (2) Inspector general act of 1978.—Section 8A of the Inspector General Act of 1978 (5 U.S.C. App. 3) is amended— (A) in subsection (a)— (i) by striking “Development” through “(1) shall” and inserting “Development shall”; (ii) by striking “, and” at the end of subsection (a)(1) and inserting a period; and (iii) by striking paragraph (2); (B) by striking subsections (c) and (f); and (C) by redesignating subsections (d), (e), (g), and (h) as subsections (c), (d), (e), and (f), respectively. (3) State Department Basic Authorities Act of 1956.—The State Department Basic Authorities Act of 1956 is amended— (A) in section 25(f) (22 U.S.C. 2697(f)), as amended by this division, by striking “Director of the United States International Development Cooperation Agency” and inserting “Administrator of the Agency for International Development”; (B) in section 26(b) (22 U.S.C. 2698(b)), as amended by this division Act, by striking “Director of the United States International Development Cooperation Agency” and inserting “Administrator of the Agency for International Development”; and (C) in section 32 (22 U.S.C. 2704), by striking “Director of the United States International Development Cooperation Agency” and inserting “Administrator of the Agency for International Development”. (4) Foreign service act of 1980.—The Foreign Service Act of 1980 is amended— (A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by striking “Director of the United States International Development Cooperation Agency” and inserting “Administrator of the Agency for International Development”; (B) in section 210 (22 U.S.C. 3930), by striking “United States International Development Cooperation Agency” and inserting “Agency for International Development”; (C) in section 1003(a) (22 U.S.C. 4103(a)), by striking “United States International Development Cooperation Agency” and inserting “Agency for International Development”; and (D) in section 1101(c) (22 U.S.C. 4131(c)), by striking “United States International Development Cooperation Agency” and inserting “Agency for International Development”. (5) Repeal.—Section 413 of Public Law 96–53 (22 U.S.C. 3512) is repealed. (6) Title 49.—Section 40118(d) of title 49, United States Code, is amended by striking “the Director of the United States International Development Cooperation Agency” and inserting “or the Administrator of the Agency for International Development”. (7) Export administration act of 1979.—Section 2405(g) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(g)) is amended— (A) by striking “Director of the United States International Development Cooperation Agency” each place it appears and inserting “Administrator of the Agency for International Development”; and (B) in the fourth sentence, by striking “Director” and inserting “Administrator”. TITLE XV—AGENCY FOR INTERNATIONAL DEVELOPMENT CHAPTER 1—GENERAL PROVISIONS SEC. 1501. EFFECTIVE DATE. This title, and the amendments made by this title, shall take effect on the earlier of— (1) April 1,1999; or (2) the date of reorganization of the Agency for International Development pursuant to the reorganization plan described in section 1601. CHAPTER 2—REORGANIZATION AND TRANSFER OF FUNCTIONS SEC. 1511. REORGANIZATION OF AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) In General.—The Agency for International Development shall be reorganized in accordance with this subdivision and the reorganization plan transmitted pursuant to section 1601. (b) Functions to be Transferred.—The reorganization of the Agency for International Development shall provide, at a minimum, for the transfer to and consolidation with the Department of State of the following functions of AID: (1) The Press office. (2) Certain administrative functions. CHAPTER 3—AUTHORITIES OF THE SECRETARY OF STATE SEC. 1521. DEFINITION OF UNITED STATES ASSISTANCE. In this chapter, the term “United States assistance” means development and other economic assistance, including assistance made available under the following provisions of law: (1) Chapter 1 of part I of the Foreign Assistance Act of 1961 (relating to development assistance). (2) Chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund). (3) Chapter 10 of part I of the Foreign Assistance Act of 1961 (relating to the Development Fund for Africa). (4) Chapter 11 of part I of the Foreign Assistance Act of 1961 (relating to assistance for the independent states of the former Soviet Union). (5) The Support for East European Democracy Act (22 U.S.C. 5401 et seq.). SEC. 1522. ADMINISTRATOR OF AID REPORTING TO THE SECRETARY OF STATE. The Administrator of the Agency for International Development, appointed pursuant to section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall report to and be under the direct authority and foreign policy guidance of the Secretary of State. SEC. 1523. ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT. (a) Authority of the Secretary of State.— (1) In general.—Under the direction of the President, the Secretary of State shall coordinate all United States assistance in accordance with this section, except as provided in paragraphs (2) and (3). (2) Export promotion activities.—Coordination of activities relating to promotion of exports of United States goods and services shall continue to be primarily the responsibility of the Secretary of Commerce. (3) International economic activities.—Coordination of activities relating to United States participation in international financial institutions and relating to organization of multilateral efforts aimed at currency stabilization, currency convertibility, debt reduction, and comprehensive economic reform programs shall continue to be primarily the responsibility of the Secretary of the Treasury. (4) Authorities and powers of the secretary of state.—The powers and authorities of the Secretary provided in this chapter are in addition to the powers and authorities provided to the Secretary under any other Act, including section 101(b) and section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151(b), 2382(c)). (b) Coordination Activities.—Coordination activities of the Secretary of State under subsection (a) shall include— (1) approving an overall assistance and economic cooperation strategy; (2) ensuring program and policy coordination among agencies of the United States Government in carrying out the policies set forth in the Foreign Assistance Act of 1961, the Arms Export Control Act, and other relevant assistance Acts; (3) pursuing coordination with other countries and international organizations; and (4) resolving policy, program, and funding disputes among United States Government agencies. (c) Statutory Construction.—Nothing in this section may be construed to lessen the accountability of any Federal agency administering any program, project, or activity of United States assistance for any funds made available to the Federal agency for that purpose. (d) Authority to Provide Personnel of the Agency for International Development.—The Administrator of the Agency for International Development is authorized to detail to the Department of State on a nonreimbursable basis such personnel employed by the Agency as the Secretary of State may require to carry out this section. TITLE XVI—TRANSITION CHAPTER 1—REORGANIZATION PLAN SEC. 1601. REORGANIZATION PLAN AND REPORT. (a) Submission of Plan and Report.—Not later than 60 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a reorganization plan and report regarding— (1) the abolition of the United States Arms Control and Disarmament Agency, the United States Information Agency, and the United States International Development Cooperation Agency in accordance with this subdivision; (2) with respect to the Agency for International Development, the consolidation and streamlining of the Agency and the transfer of certain functions of the Agency to the Department in accordance with section 1511; (3) the termination of functions of each covered agency as may be necessary to effectuate the reorganization under this subdivision, and the termination of the affairs of each agency abolished under this subdivision; (4) the transfer to the Department of the functions and personnel of each covered agency consistent with the provisions of this subdivision; and (5) the consolidation, reorganization, and streamlining of the Department in connection with the transfer of such functions and personnel in order to carry out such functions. (b) Covered Agencies.—The agencies covered by this section are the following: (1) The United States Arms Control and Disarmament Agency. (2) The United States Information Agency. (3) The United States International Development Cooperation Agency. (4) The Agency for International Development. (c) Plan Elements.—The plan transmitted under subsection (a) shall contain, consistent with this subdivision, such elements as the President deems appropriate, including elements that— (1) identify the functions of each covered agency that will be transferred to the Department under the plan; (2) specify the steps to be taken by the Secretary of State to reorganize internally the functions of the Department, including the consolidation of offices and functions, that will be required under the plan in order to permit the Department to carry out the functions transferred to it under the plan; (3) specify the funds available to each covered agency that will be transferred to the Department as a result of the transfer of functions of such agency to the Department; (4) specify the proposed allocations within the Department of unexpended funds transferred in connection with the transfer of functions under the plan; and (5) specify the proposed disposition of the property, facilities, contracts, records, and other assets and liabilities of each covered agency in connection with the transfer of the functions of such agency to the Department. (d) Reorganization Plan of Agency for International Development.—In addition to applicable provisions of subsection (c), the reorganization plan transmitted under this section for the Agency for International Development— (1) may provide for the abolition of the Agency for International Development and the transfer of all its functions to the Department of State; or (2) in lieu of the abolition and transfer of functions under paragraph (1)— (A) shall provide for the transfer to and consolidation within the Department of the functions set forth in section 1511; and (B) may provide for additional consolidation, reorganization, and streamlining of AID, including— (i) the termination of functions and reductions in personnel of AID; (ii) the transfer of functions of AID, and the personnel associated with such functions, to the Department; and (iii) the consolidation, reorganization, and stream-lining of the Department upon the transfer of such functions and personnel in order to carry out the functions transferred. (e) Modification of Plan.—The President may, on the basis of consultations with the appropriate congressional committees, modify or revise any part of the plan transmitted under subsection (a) until that part of the plan becomes effective in accordance with subsection (g). (f) Report.—The report accompanying the reorganization plan for the Department and the covered agencies submitted pursuant to this section shall describe the implementation of the plan and shall include— (1) a detailed description of— (A) the actions necessary or planned to complete the reorganization, (B) the anticipated nature and substance of any orders, directives, and other administrative and operational actions which are expected to be required for completing or implementing the reorganization, and (C) any preliminary actions which have been taken in the implementation process; (2) the number of personnel and positions of each covered agency (including civil service personnel, Foreign Service personnel, and detailees) that are expected to be transferred to the Department, separated from service with such agency, or eliminated under the plan, and a projected schedule for such transfers, separations, and terminations; (3) the number of personnel and positions of the Department (including civil service personnel, Foreign Service personnel, and detailees) that are expected to be transferred within the Department, separated from service with the Department, or eliminated under the plan, and a projected schedule for such transfers, separations, and terminations; (4) a projected schedule for completion of the implementation process; and (5) recommendations, if any, for legislation necessary to carry out changes made by this subdivision relating to personnel and to incidental transfers. (g) Effective Date.— (1) In general.—The reorganization plan described in this section, including any modifications or revisions of the plan under subsection (e), shall become effective on the earlier of the date for the respective covered agency specified in paragraph (2) or the date announced by the President under paragraph (3). (2) Statutory effective dates.—The effective dates under this paragraph for the reorganization plan described in this section are the following: (A) April 1, 1999, with respect to functions of the Agency for International Development described in section 1511. (B) April 1, 1999, with respect to the abolition of the United States Arms Control and Disarmament Agency and the United States International Development Cooperation Agency. (C) October 1, 1999, with respect to the abolition of the United States Information Agency. (3) Effective date by presidential determination.—An effective date under this paragraph for a reorganization plan described in this section is such date as the President shall determine to be appropriate and announce by notice published in the Federal Register, which date may be not earlier than 90 calendar days after the President has transmitted the reorganization plan to the appropriate congressional committees pursuant to subsection (a). (4) Statutory construction.—Nothing in this subsection may be construed to require the transfer of functions, personnel, records, balance of appropriations, or other assets of a covered agency on a single date. (5) Supersedes existing law.—Paragraph (1) shall apply notwithstanding section 905(b) of title 5, United States Code. (h) Publication.—The reorganization plan described in this section shall be printed in the Federal Register after the date upon which it first becomes effective. CHAPTER 2—REORGANIZATION AUTHORITY SEC. 1611. REORGANIZATION AUTHORITY. (a) In General.—The Secretary is authorized, subject to the requirements of this subdivision, to allocate or reallocate any function transferred to the Department under any title of this subdivision, and to establish, consolidate, alter, or discontinue such organizational entities within the Department as may be necessary or appropriate to carry out any reorganization under this subdivision, but this subsection does not authorize the Secretary to modify the terms of any statute that establishes or defines the functions of any bureau, office, or officer of the Department. (b) Requirements and Limitations on Reorganization Plan.—The reorganization plan transmitted under section 1601 may not have the effect of— (1) creating a new executive department; (2) continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made; (3) authorizing a Federal agency to exercise a function which is not authorized by law at the time the plan is transmitted to Congress; (4) creating a new Federal agency which is not a component or part of an existing executive department or independent agency; or (5) increasing the term of an office beyond that provided by law for the office. SEC. 1612. TRANSFER AND ALLOCATION OF APPROPRIATIONS. (a) In General.—Except as otherwise provided in this subdivision, the assets, liabilities (including contingent liabilities arising from suits continued with a substitution or addition of parties under section 1615(e)), contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to, or to be made available in connection with the functions and offices, or portions thereof, transferred by any title of this subdivision shall be transferred to the Secretary for appropriate allocation. (b) Limitation on Use of Transferred Funds.—Except as provided in subsection (c), unexpended and unobligated funds transferred pursuant to any title of this subdivision shall be used only for the purposes for which the funds were originally authorized and appropriated. (c) Funds to Facilitate Transition.— (1) Congressional notification.—Funds transferred pursuant to subsection (a) may be available for the purposes of reorganization subject to notification of the appropriate congressional committees in accordance with the procedures applicable to a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706). (2) Transfer authority.—Funds in any account appropriated to the Department of State may be transferred to another such account for the purposes of reorganization, subject to notification of the appropriate congressional committees in accordance with the procedures applicable to a reprogramming of funds under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706). The authority in this paragraph is in addition to any other transfer authority available to the Secretary of State and shall expire September 30, 2000. SEC. 1613. TRANSFER, APPOINTMENT, AND ASSIGNMENT OF PERSONNEL. (a) Transfer of Personnel From ACDA and USIA.—Except as otherwise provided in title XIII— (1) not later than the date of abolition of ACDA, all personnel and positions of ACDA, and (2) not later than the date of abolition of USIA, all personnel and positions of USIA, shall be transferred to the Department of State at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer. (b) Transfer of Personnel From AID.—Except as otherwise provided in title XIII, not later than the date of transfer of any function of AID to the Department of State under this subdivision, all AID personnel performing such functions and all positions associated with such functions shall be transferred to the Department of State at the same grade or class and the same rate of basic pay or basic salary rate and with the same tenure held immediately preceding transfer. (c) Assignment Authority.—The Secretary, for a period of not more than 6 months commencing on the effective date of the transfer to the Department of State of personnel under subsections (a) and (b), is authorized to assign such personnel to any position or set of duties in the Department of State regardless of the position held or duties performed by such personnel prior to transfer, except that, by virtue of such assignment, such personnel shall not have their grade or class or their rate of basic pay or basic salary rate reduced, nor their tenure changed. The Secretary shall consult with the relevant exclusive representatives (as defined in section 1002 of the Foreign Service Act and in section 7103 of title 5, United States Code) with regard to the exercise of this authority. This subsection does not authorize the Secretary to assign any individual to any position that by law requires appointment by the President, by and with the advice and consent of the Senate. (d) Superseding Other Provisions of Law.—Subsections (a) through (c) shall be exercised notwithstanding any other provision of law. SEC. 1614. INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, when requested by the Secretary, is authorized to make such incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of any title of this subdivision. The Director of the Office of Management and Budget, in consultation with the Secretary, shall provide for the termination of the affairs of all entities terminated by this subdivision and for such further measures and dispositions as may be necessary to effectuate the purposes of any title of this subdivision. SEC. 1615. SAVINGS PROVISIONS. (a) Continuing Legal Force and Effect.—All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions— (1) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof or by a court of competent jurisdiction, in the performance of functions that are transferred under any title of this subdivision; and (2) that are in effect as of the effective date of such title, or were final before the effective date of such title and are to become effective on or after the effective date of such title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.— (1) In general.—The provisions of any title of this subdivision shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending on the effective date of any title of this subdivision Before any Federal agency, commission, or component thereof, functions of which are transferred by any title of this subdivision. Such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. (2) Orders, appeals, payments.—Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this subdivision had not been enacted. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Secretary, by a court of competent jurisdiction, or by operation of law. (3) Statutory construction.—Nothing in this subdivision shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subdivision had not been enacted. (4) Regulations.—The Secretary is authorized to promulgate regulations providing for the orderly transfer of proceedings continued under this subsection to the Department. (c) No Effect on Judicial or Administrative Proceedings.—Except as provided in subsection (e) and section 1327(d)— (1) the provisions of this subdivision shall not affect suits commenced prior to the effective dates of the respective titles of this subdivision; and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this subdivision had not been enacted. (d) Nonabatement of Proceedings.—No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of any Federal agency, or any commission or component thereof, functions of which are transferred by any title of this subdivision, shall abate by reason of the enactment of this subdivision. No cause of action by or against any Federal agency, or any commission or component thereof, functions of which are transferred by any title of this subdivision, or by or against any officer thereof in the official capacity of such officer shall abate by reason of the enactment of this subdivision. (e) Continuation of Proceeding With Substitution of Parties.—If, before the effective date of any title of this subdivision, any Federal agency, or officer thereof in the official capacity of such officer, is a party to a suit, and under this subdivision any function of such department, agency, or officer is transferred to the Secretary or any other official of the Department, then effective on such date such suit shall be continued with the Secretary or other appropriate official of the Department substituted or added as a party. (f) Reviewability of Orders and Actions Under Transferred Functions.—Orders and actions of the Secretary in the exercise of functions transferred under any title of this subdivision shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been by the Federal agency or office, or part thereof, exercising such functions immediately preceding their transfer. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function transferred by any title of this subdivision shall apply to the exercise of such function by the Secretary. SEC. 1616. AUTHORITY OF SECRETARY OF STATE TO FACILITATE TRANSITION. Notwithstanding any provision of this subdivision, the Secretary of State, with the concurrence of the head of the appropriate Federal agency exercising functions transferred under this subdivision, may transfer the whole or part of such functions prior to the effective dates established in this subdivision, including the transfer of personnel and funds associated with such functions. SEC. 1617. FINAL REPORT. Not later than January 1, 2001, the President, in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget, shall submit to the appropriate congressional committees a report which provides a final accounting of the finances and operations of the agencies abolished under this subdivision. SUBDIVISION B—FOREIGN RELATIONS AUTHORIZATION TITLE XX—GENERAL PROVISIONS SEC. 2001. SHORT TITLE. This subdivision may be cited as the “Foreign Relations Authorization Act, Fiscal Years 1998 and 1999”. SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES. In this subdivision, the term “appropriate congressional committees” means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. TITLE XXI—AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS. 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 $1,730,000,000 for the fiscal year 1998 and $1,644,300,000 for the fiscal year 1999. (2) Salaries and expenses.— (A) Authorization of appropriations.—For “Salaries and Expenses”, of the Department of State $363,513,000 for the fiscal year 1998 and $355,000,000 for the fiscal year 1999. (B) Limitations.—Of the amounts authorized to be appropriated by subparagraph (A), $2,000,000 for fiscal year 1998 and $2,000,000 for the fiscal year 1999 are authorized to be appropriated only for the recruitment of minorities for careers in the Foreign Service and international affairs. (3) Capital investment fund.—For “Capital Investment Fund”, of the Department of State $86,000,000 for the fiscal year 1998 and $80,000,000 for the fiscal year 1999. (4) Security and maintenance of united states missions.—For “Security and Maintenance of United States Missions”, $404,000,000 for the fiscal year 1998 and $403,561,000 for the fiscal year 1999. (5) Representation allowances.—For “Representation Allowances”, $4,200,000 for the fiscal year 1998 and $4,350,000 for the fiscal year 1999. (6) Emergencies in the diplomatic and consular service.—For “Emergencies in the Diplomatic and Consular Service”, $5,500,000 for the fiscal year 1998 and $5,500,000 for the fiscal year 1999. (7) Office of the inspector general.—For “Office of the Inspector General”, $27,495,000 for the fiscal year 1998 and $27,495,000 for the fiscal year 1999. (8) Payment to the american institute in taiwan.—For “Payment to the American Institute in Taiwan”, $14,000,000 for the fiscal year 1998 and $14,750,000 for the fiscal year 1999. (9) Protection of foreign missions and officials.—(A) For “Protection of Foreign Missions and Officials”, $7,900,000 for the fiscal year 1998 and $8,100,000 for the fiscal year 1999. (B) Each amount appropriated pursuant to this paragraph is authorized to remain available through September 30 of the fiscal year following the fiscal year for which the amount appropriated was made. (10) Repatriation loans.—For “Repatriation Loans”, $1,200,000 for the fiscal year 1998 and $1,200,000 for the fiscal year 1999, for administrative expenses. SEC. 2102. 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” $17,490,000 for the fiscal year 1998 and $19,551,000 for the fiscal year 1999; and (B) for “Construction” $6,463,000 for the fiscal year 1998 and $6,463,000 for the fiscal year 1999. (2) International boundary commission, united states and canada.—For “International Boundary Commission, United States and Canada”, $761,000 for the fiscal year 1998 and $761,000 for the fiscal year 1999. (3) International joint commission.—For “International Joint Commission”, $3,189,000 for the fiscal year 1998 and $3,432,000 for the fiscal year 1999. (4) International fisheries commissions.—For “International Fisheries Commissions”, $14,549,000 for the fiscal year 1998 and $14,549,000 for the fiscal year 1999. SEC. 2103. GRANTS TO THE ASIA FOUNDATION. Section 404 of The Asia Foundation Act (title IV of Public Law 98–164) is amended to read as follows: “Sec. 404. There are authorized to be appropriated to the Secretary of State $10,000,000 for each of the fiscal years 1998 and 1999 for grants to The Asia Foundation pursuant to this title.”. SEC. 2104. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. (a) Authorization of Appropriations.—There are authorized to be appropriated for “Voluntary Contributions to International Organizations”, $194,500,000 for the fiscal year 1998 and $214,000,000 for the fiscal year 1999. (b) Limitations.— (1) World food program.—Of the amounts authorized to be appropriated under subsection (a), $4,000,000 for the fiscal year 1998 and $2,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the World Food Program. (2) United nations voluntary fund for victims of torture.—Of the amount authorized to be appropriated under subsection (a), $3,000,000 for the fiscal year 1998 and $3,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the United Nations Voluntary Fund for Victims of Torture. (3) International program on the elimination of child labor.—Of the amounts authorized to be appropriated under subsection (a), $5,000,000 for the fiscal year 1998 and $5,000,000 for the fiscal year 1999 are authorized to be appropriated only for a United States contribution to the International Labor Organization for the activities of the International Program on the Elimination of Child Labor. (c) Availability of Funds.—Amounts authorized to be appropriated under subsection (a) are authorized to remain available until expended. SEC. 2105. VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING OPERATIONS. There are authorized to be appropriated for “Peacekeeping Operations”, $77,500,000 for the fiscal year 1998 and $83,000,000 for the fiscal year 1999 for the Department of State to carry out section 551 of Public Law 87–195. SEC. 2106. LIMITATION ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT PROGRAM. (a) Limitation.—Of the amounts made available for fiscal years 1998 and 1999 for United States voluntary contributions to the United Nations Development Program an amount equal to the amount the United Nations Development Program will spend in Burma during each fiscal year shall be withheld unless during such fiscal year the President submits to the appropriate congressional committees the certification described in subsection (b). (b) Certification.—The certification referred to in subsection (a) is a certification by the President that all programs and activities of the United Nations Development Program (including United Nations Development Program-Administered Funds) in Burma— (1) are focused on eliminating human suffering and addressing the needs of the poor; (2) are undertaken only through international or private voluntary organizations that have been deemed independent of the State Law and Order Restoration Council (SLORC), after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition Government of the Union of Burma; (3) provide no financial, political, or military benefit to the SLORC; and (4) are carried out only after consultation with the leadership of the National League for Democracy and the leadership of the National Coalition Government of the Union of Burma. TITLE XXII—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES CHAPTER 1—AUTHORITIES AND ACTIVITIES SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR ASSISTANCE TO OVERSEAS EDUCATIONAL FACILITIES. Section 29 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2701) is amended by adding at the end the following: “Notwithstanding any other provision of law, where the child of a United States citizen employee of an agency of the United States Government who is stationed outside the United States attends an educational facility assisted by the Secretary of State under this section, the head of that agency is authorized to reimburse, or credit with advance payment, the Department of State for funds used in providing assistance to such educational facilities, by grant or otherwise, under this section.”. SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM. Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended to read as follows: “SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM. “(a) Establishment.— “(1) In general.—There is established a program for the payment of rewards to carry out the purposes of this section. “(2) Purpose.—The rewards program shall be designed to assist in the prevention of acts of international terrorism, international narcotics trafficking, and other related criminal acts. “(3) Implementation.—The rewards program shall be administered by the Secretary of State, in consultation, as appropriate, with the Attorney General. “(b) Rewards Authorized.—In the sole discretion of the Secretary (except as provided in subsection (c)(2)) and in consultation, as appropriate, with the Attorney General, the Secretary may pay a reward to any individual who furnishes information leading to— “(1) the arrest or conviction in any country of any individual for the commission of an act of international terrorism against a United States person or United States property; “(2) the arrest or conviction in any country of any individual conspiring or attempting to commit an act of international terrorism against a United States person or United States property; “(3) the arrest or conviction in any country of any individual for committing, primarily outside the territorial jurisdiction of the United States, any narcotics-related offense if that offense involves or is a significant part of conduct that involves— “(A) a violation of United States narcotics laws such that the individual would be a major violator of such laws; “(B) the killing or kidnapping of— “(i) any officer, employee, or contract employee of the United States Government while such individual is engaged in official duties, or on account of that individual’s official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or “(ii) a member of the immediate family of any such individual on account of that individual’s official duties, in connection with the enforcement of United States narcotics laws or the implementing of United States narcotics control objectives; or “(C) an attempt or conspiracy to commit any act described in subparagraph (A) or (B); “(4) the arrest or conviction in any country of any individual aiding or abetting in the commission of an act described in paragraph (1), (2), or (3); or “(5) the prevention, frustration, or favorable resolution of an act described in paragraph (1), (2), or (3). “(c) Coordination.— “(1) Procedures.—To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with the payment of informants or the obtaining of evidence or information, as authorized to the Department of Justice, the offering, administration, and payment of rewards under this section, including procedures for— “(A) identifying individuals, organizations, and offenses with respect to which rewards will be offered; “(B) the publication of rewards; “(C) the offering of joint rewards with foreign governments; “(D) the receipt and analysis of data; and “(E) the payment and approval of payment, shall be governed by procedures developed by the Secretary of State, in consultation with the Attorney General. “(2) Prior approval of attorney general required.—Before making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of State shall obtain the concurrence of the Attorney General. “(d) Funding.— “(1) Authorization of appropriations.—Notwithstanding section 102 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93; 99 Stat. 408), but subject to paragraph (2), there are authorized to be appropriated to the Department of State from time to time such amounts as may be necessary to carry out this section. “(2) Limitation.—No amount of funds may be appropriated under paragraph (1) which, when added to the unobligated balance of amounts previously appropriated to carry out this section, would cause such amounts to exceed $15,000,000. “(3) Allocation of funds.—To the maximum extent practicable, funds made available to carry out this section should be distributed equally for the purpose of preventing acts of international terrorism and for the purpose of preventing international narcotics trafficking. “(4) Period of availability.—Amounts appropriated under paragraph (1) shall remain available until expended. “(e) Limitations and Certification.— “(1) Maximum amount.—No reward paid under this section may exceed $2,000,000. “(2) Approval.—A reward under this section of more than $100,000 may not be made without the approval of the Secretary. “(3) Certification for Payment.—Any reward granted under this section shall be approved and certified for payment by the Secretary. “(4) Nondelegation of authority.—The authority to approve rewards of more than $100,000 set forth in paragraph (2) may not be delegated. “(5) Protection measures.—If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient’s immediate family must be protected, the Secretary may take such measures in connection with the payment of the reward as he considers necessary to effect such protection. “(f) Ineligibility.—An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of his or her official duties, furnishes information described in subsection (b) shall not be eligible for a reward under this section. “(g) Reports.— “(1) Reports on payment of Rewards.—Not later than 30 days after the payment of any reward under this section, the Secretary shall submit a report to the appropriate congressional committees with respect to such reward. The report, which may be submitted in classified form if necessary, shall specify the amount of the reward paid, to whom the reward was paid, and the acts with respect to which the reward was paid. The report shall also discuss the significance of the information for which the reward was paid in dealing with those acts. “(2) Annual reports.—Not later than 60 days after the end of each fiscal year, the Secretary shall submit a report to the appropriate congressional committees with respect to the operation of the rewards program. The report shall provide information on the total amounts expended during the fiscal year ending in that year to carry out this section, including amounts expended to publicize the availability of rewards. “(h) Publication Regarding Rewards Offered by Foreign Governments.—Notwithstanding any other provision of this section, in the sole discretion of the Secretary, the resources of the rewards program shall be available for the publication of rewards offered by foreign governments regarding acts of international terrorism which do not involve United States persons or property or a violation of the narcotics laws of the United States. “(i) Determinations of the Secretary.—A determination made by the Secretary under this section shall be final and conclusive and shall not be subject to judicial review. “(j) Definitions.—As used in this section: “(1) Act of international terrorism.—The term ‘act of international terrorism’ includes— “(A) any act substantially contributing to the acquisition of unsafeguarded special nuclear material (as defined in paragraph (8) of section 830 of the Nuclear Proliferation Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear explosive device (as defined in paragraph (4) of that section) by an individual, group, or non-nuclear-weapon state (as defined in paragraph (5) of that section); and “(B) any act, as determined by the Secretary, which materially supports the conduct of international terrorism, including the counterfeiting of United States currency or the illegal use of other monetary instruments by an individual, group, or country supporting international terrorism as determined for purposes of section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)). “(2) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. “(3) Member of the immediate family.—The term ‘member of the immediate family’, with respect to an individual, includes— “(A) a spouse, parent, brother, sister, or child of the individual; “(B) a person with respect to whom the individual stands in loco parentis; and “(C) any person not covered by subparagraph (A) or (B) who is living in the individual’s household and is related to the individual by blood or marriage. “(4) Rewards program.—The term ‘rewards program’ means the program established in subsection (a)(1). “(5) United states narcotics laws.—The term “United States narcotics laws” means the laws of the United States for the prevention and control of illicit trafficking in controlled substances (as such term is defined in section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6))). “(6) United states person.—The term ‘United States person’ means— “(A) a citizen or national of the United States; and “(B) an alien lawfully present in the United States.”. SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS REGISTRATION FEES. Section 45(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2717(a)) is amended— (1) at the end of paragraph (1), by striking “and”; (2) in paragraph (2)— (A) by striking “functions” and inserting “functions, including compliance and enforcement activities,”; and (B) by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(3) the enhancement of defense trade export compliance and enforcement activities, including compliance audits of United States and foreign parties, the conduct of administrative proceedings, monitoring of end-uses in cases of direct commercial arms sales or other transfers, and cooperation in proceedings for enforcement of criminal laws related to defense trade export controls.”. SEC. 2204. FEES FOR COMMERCIAL SERVICES. Section 52(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2724(b)) is amended by adding at the end the following: “Funds deposited under this subsection shall remain available for obligation through September 30 of the fiscal year following the fiscal year in which the funds were deposited.”. SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT. (a) Foreign Affairs Reimbursement.— (1) In general.—Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is amended— (A) by redesignating subsection (d)(4) as subsection (g); and (B) by inserting after subsection (d) the following new subsections: “(e)(1) The Secretary may provide appropriate training or related services, except foreign language training, through the institution to any United States person (or any employee or family member thereof) that is engaged in business abroad. “(2) The Secretary may provide job-related training or related services, including foreign language training, through the institution to a United States person under contract to provide services to the United States Government or to any employee thereof that is performing such services. “(3) Training under this subsection may be provided only to the extent that space is available and only on a reimbursable or advance-of-funds basis. Reimbursements and advances shall be credited to the currently available applicable appropriation account. “(4) Training and related services under this subsection is authorized only to the extent that it will not interfere with the institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations. “(5) In this subsection, the term ‘United States person’ means— “(A) any individual who is a citizen or national of the United States; or “(B) any corporation, company, partnership, association, or other legal entity that is 50 percent or more beneficially owned by citizens or nationals of the United States. “(f)(1) The Secretary is authorized to provide, on a reimbursable basis, training programs to Members of Congress or the Judiciary. “(2) Employees of the legislative branch and employees of the judicial branch may participate, on a reimbursable basis, in training programs offered by the institution. “(3) Reimbursements collected under this subsection shall be credited to the currently available applicable appropriation account. “(4) Training under this subsection is authorized only to the extent that it will not interfere with the institution’s primary mission of training employees of the Department and of other agencies in the field of foreign relations.”. (2) Effective date.—The amendments made by paragraph (1) shall take effect on October 1, 1998. (3) Termination of pilot program.—Effective October 1, 2002, section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021), as amended by this subsection, is further amended— (A) by striking subsections (e) and (f); and (B) by redesignating subsection (g) as paragraph (4) of subsection (d). (b) Fees for Use of National Foreign Affairs Training Center.—Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at the end the following new section: “SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS TRAINING CENTER. “The Secretary is authorized to charge a fee for use of the National Foreign Affairs Training Center of the Department of State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and shall remain available for obligation until expended.”. (c) Reporting on Pilot Program.—Two years after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees containing— (1) the number of persons who have taken advantage of the pilot program established under subsections (e) and (f) of section 701 of the Foreign Service Act of 1980 and section 53 of the State Department Basic Authorities Act of 1956, as added by this section; (2) the business or government affiliation of such persons; (3) the amount of fees collected; and (4) the impact of the program on the primary mission of the National Foreign Affairs Training Center. SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section: “SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS. “The Secretary is authorized to charge a fee for use of the diplomatic reception rooms of the Department of State. Amounts collected under this section (including reimbursements and surcharges) shall be deposited as an offsetting collection to any Department of State appropriation to recover the costs of such use and shall remain available for obligation until expended.”. SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section: “SEC. 55. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION DOCUMENTS. “The Secretary shall include in the annual Congressional Presentation Document and the Budget in Brief a detailed accounting of the total collections received by the Department of State from all sources, including fee collections. Reporting on total collections shall also cover collections from the preceding fiscal year and the projected expenditures from all collections accounts.”. SEC. 2208. OFFICE OF THE INSPECTOR GENERAL. (a) Procedures.—Section 209(c) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end the following: “(4) The Inspector General shall develop and provide to employees— “(A) information detailing their rights to counsel; and “(B) guidelines describing in general terms the policies and procedures of the Office of Inspector General with respect to individuals under investigation other than matters exempt from disclosure under other provisions of law.”. (b) Notice.—Section 209(e) of the Foreign Service Act of 1980 (22 U.S.C. 3929(e)) is amended by adding at the end the following new paragraph: “(3) The Inspector General shall ensure that only officials from the Office of the Inspector General may participate in formal interviews or other formal meetings with the individual who is the subject of an investigation, other than an intelligence-related or sensitive undercover investigation, or except in those situations when the Inspector General has a reasonable basis to believe that such notice would cause tampering with witnesses, destroying evidence, or endangering the lives of individuals, unless that individual receives prior adequate notice regarding participation by officials of any other agency, including the Department of Justice, in such interviews or meetings.”. (c) Report.— (1) In general.—Not later than 90 days after the date of enactment of this Act, the Inspector General of the Department of State and the Foreign Service shall submit a report to the appropriate congressional committees which includes the following: (A) Detailed descriptions of the internal guidance developed or used by the Office of the Inspector General with respect to public disclosure of any information related to an ongoing investigation of any officer or employee of the Department of State, the United States Information Agency, or the United States Arms Control and Disarmament Agency. (B) Detailed descriptions of those instances for the year ending December 31, 1997, in which any disclosure of information to the public by an employee of the Office of Inspector General about an ongoing investigation occurred, including details on the recipient of the information, the date of the disclosure, and the internal clearance process for the disclosure. (2) Statutory construction.—Disclosure of information to the public under this section shall not be construed to include information shared with Congress by an employee of the Office of the Inspector General. SEC. 2209. CAPITAL INVESTMENT FUND. Section 135 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended— (1) in subsection (a), by inserting “and enhancement” after “procurement”; (2) in subsection (c), by striking “are authorized to” and inserting “shall”; (3) in subsection (d), by striking “for expenditure to procure capital equipment and information technology” and inserting “for purposes of subsection (a)”; and (4) by amending subsection (e) to read as follows: “(e) Reprogramming Procedures.—Funds credited to the Capital Investment Fund shall not be available for obligation or expenditure except in compliance with the procedures applicable to reprogramming notifications under section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706).”. SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS. Section 136(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended— (1) by amending paragraph (3) to read as follows: “(3) in evaluating proposals for such contracts, award contracts to the technically acceptable firm offering the lowest evaluated price, except that proposals of United States persons and qualified United States joint venture persons (as defined in subsection (d)) shall be evaluated by reducing the bid price by 10 percent;”; (2) by inserting “and” at the end of paragraph (5); (3) by striking “; and” at the end of paragraph (6) and inserting a period; and (4) by striking paragraph (7). SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION. Section 4(a) of the International Claims Settlement Act of 1949 (22 U.S.C. 1623(a)) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) in the first sentence, by striking “(a) The” and all that follows through the period and inserting the following: “(a)(1) The Commission shall have jurisdiction to receive, examine, adjudicate, and render a final decision with respect to any claim of the Government of the United States or of any national of the United States— “(A) included within the terms of the Yugoslav Claims Agreement of 1948; “(B) included within the terms of any claims agreement concluded on or after March 10, 1954, between the Government of the United States and a foreign government (exclusive of governments against which the United States declared the existence of a state of war during World War II) similarly providing for the settlement and discharge of claims of the Government of the United States and of nationals of the United States against a foreign government, arising out of the nationalization or other taking of property, by the agreement of the Government of the United States to accept from that government a sum in en bloc settlement thereof; or “(C) included in a category of claims against a foreign government which is referred to the Commission by the Secretary of State.”; and (3) by redesignating the second sentence as paragraph (2). SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS AND PROCEEDINGS. (a) Recovery of Certain Expenses.—The Department of State Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the fifth undesignated paragraph under the heading entitled “INTERNATIONAL FISHERIES COMMISSION” by inserting “(including such expenses as salaries and other personnel expenses)” after “extraordinary expenses”. (b) Procurement of Services.—Section 38(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) is amended in the first sentence by inserting “personal and” before “other support services”. SEC. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF CHILDREN. Section 7 of the International Child Abduction Remedies Act (42 U.S.C. 11606; Public Law 100–300) is amended by adding at the end the following new subsection: “(e) Grant Authority.—The United States Central Authority is authorized to make grants to, or enter into contracts or agreements with, any individual, corporation, other Federal, State, or local agency, or private entity or organization in the United States for purposes of accomplishing its responsibilities under the Convention and this Act.”. SEC. 2214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF THE DEPARTMENT OF STATE. (a) Counterdrug and Law Enforcement Strategy.— (1) Requirement.—Not later than 180 days after the date of enactment of this Act, the Secretary of State shall establish, implement, and submit to Congress a comprehensive, longterm strategy to carry out the counterdrug responsibilities of the Department of State in a manner consistent with the National Drug Control Strategy. The strategy shall involve all elements of the Department in the United States and abroad. (2) Objectives.—In establishing the strategy, the Secretary shall— (A) coordinate with the Office of National Drug Control Policy in the development of clear, specific, and measurable counterdrug objectives for the Department that support the goals and objectives of the National Drug Control Strategy; (B) develop specific and, to the maximum extent practicable, quantifiable measures of performance relating to the objectives, including annual and long-term measures of performance, for purposes of assessing the success of the Department in meeting the objectives; (C) assign responsibilities for meeting the objectives to appropriate elements of the Department; (D) develop an operational structure within the Department that minimizes impediments to meeting the objectives; (E) ensure that every United States ambassador or chief of mission is fully briefed on the strategy, and works to achieve the objectives; and (F) ensure that— (i) all budgetary requests and transfers of equipment (including the financing of foreign military sales and the transfer of excess defense articles) relating to international counterdrug efforts conforms with the objectives; and (ii) the recommendations of the Department regarding certification determinations made by the President on March 1 as to the counterdrug cooperation, or adequate steps on its own, of each major illicit drug producing and drug trafficking country to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances also conform to meet such objectives. (3) Reports.—Not later than February 15 of each year subsequent to the submission of the strategy described in paragraph (1), the Secretary shall submit to Congress an update of the strategy. The update shall include— (A) an outline of the proposed activities with respect to the strategy during the succeeding year, including the manner in which such activities will meet the objectives set forth in paragraph (2); and (B) detailed information on how certification determinations described in paragraph (2)(F) made the previous year affected achievement of the objectives set forth in paragraph (2) for the previous calendar year. (4) Limitation on delegation.—The Secretary shall designate an official in the Department who reports directly to the Secretary to oversee the implementation of the strategy throughout the Department. (b) Information on International Criminals.— (1) Information system.—The Secretary shall, in consultation with the heads of appropriate United States law enforcement agencies, including the Attorney General and the Secretary of the Treasury, take appropriate actions to establish an information system or improve existing information systems containing comprehensive information on serious crimes committed by foreign nationals. The information system shall be available to United States embassies and missions abroad for use in consideration of applications for visas for entry into the United States. (2) Report.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the actions taken under paragraph (1). (c) Overseas Coordination of Counterdrug and Anticrime Programs, Policy, and Assistance.— (1) Strengthening coordination.—The responsibilities of every diplomatic mission of the United States shall include the strengthening of cooperation between and among the United States and foreign governmental entities and multilateral entities with respect to activities relating to international narcotics and crime. (2) Designation of officers.— (A) In general.—Consistent with existing memoranda of understanding between the Department of State and other departments and agencies of the United States, including the Department of Justice, the chief of mission of every diplomatic mission of the United States shall designate an officer or officers within the mission to carry out the responsibility of the mission under paragraph (1), including the coordination of counterdrug, law enforcement, rule of law, and administration of justice programs, policy, and assistance. Such officer or officers shall report to the chief of mission, or the designee of the chief of mission, on a regular basis regarding activities undertaken in carrying out such responsibility. (B) Reports.—The chief of mission of every diplomatic mission of the United States shall submit to the Secretary on a regular basis a report on the actions undertaken by the mission to carry out such responsibility. (3) Report to congress.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report on the status of any proposals for action or on action undertaken to improve staffing and personnel management at diplomatic missions of the United States in order to carry out the responsibility set forth in paragraph (1). SEC. 2215. ANNUAL REPORT ON OVERSEAS SURPLUS PROPERTIES. The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.) is amended by adding at the end the following new section: “Sec. 12. Not later than March 1 of each year, the Secretary of State shall submit to Congress a report listing overseas United States surplus properties that are administered under this Act and that have been identified for sale.”. SEC. 2216. HUMAN RIGHTS REPORTS. Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)) is amended— (1) by striking “January 31” and inserting “February 25”; (2) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and (3) by inserting after paragraph (2) the following new paragraph: “(3) the status of child labor practices in each country, including— “(A) whether such country has adopted policies to protect children from exploitation in the workplace, including a prohibition of forced and bonded labor and policies regarding acceptable working conditions; and “(B) the extent to which each country enforces such policies, including the adequacy of the resources and oversight dedicated to such policies.”. SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY. Title I of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a et seq.), as amended by this division, is further amended by adding at the end the following new section: “SEC. 56. CRIMES COMMITTED BY DIPLOMATS. “(a) Annual Report Concerning Diplomatic Immunity.— “(1) Report to congress.—180 days after the date of enactment, and annually thereafter, the Secretary of State shall prepare and submit to the Congress, a report concerning diplomatic immunity entitled “Report on Cases Involving Diplomatic Immunity”. “(2) Content of report.—In addition to such other information as the Secretary of State may consider appropriate, the report under paragraph (1) shall include the following: “(A) The number of persons residing in the United States who enjoy full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. “(B) Each case involving an alien described in subparagraph (A) in which an appropriate authority of a State, a political subdivision of a State, or the United States reported to the Department of State that the authority had reasonable cause to believe the alien committed a serious criminal offense within the United States, and any additional information provided to the Secretary relating to other serious criminal offenses that any such authority had reasonable cause to believe the alien committed before the period covered by the report. The Secretary may omit from such report any matter the provision of which the Secretary reasonably believes would compromise a criminal investigation or prosecution or which would directly compromise law enforcement or intelligence sources or methods. “(C) Each case described in subparagraph (B) in which the Secretary of State has certified that a person enjoys full immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities. “(D) The number of United States citizens who are residing in a receiving state and who enjoy full immunity from the criminal jurisdiction of such state under laws extending diplomatic privileges and immunities. “(E) Each case involving a United States citizen under subparagraph (D) in which the United States has been requested by the government of a receiving state to waive the immunity from criminal jurisdiction of the United States citizen. “(F) Whether the Secretary has made the notifications referred to in subsection (c) during the period covered by the report. “(3) Serious criminal offense defined.—For the purposes of this section, the term ‘serious criminal offense’ means— “(A) any felony under Federal, State, or local law; “(B) any Federal, State, or local offense punishable by a term of imprisonment of more than 1 year; “(C) any crime of violence as defined for purposes of section 16 of title 18, United States Code; or “(D)(i) driving under the influence of alcohol or drugs; “(ii) reckless driving; or “(iii) driving while intoxicated. “(b) United States Policy Concerning Reform of Diplomatic Immunity.—It is the sense of the Congress that the Secretary of State should explore, in appropriate fora, whether states should enter into agreements and adopt legislation— “(1) to provide jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to immunity from criminal jurisdiction under laws extending diplomatic privileges and immunities; and “(2) to provide that where there is probable cause to believe that an individual who is entitled to immunity from the criminal jurisdiction of the receiving state under laws extending diplomatic privileges and immunities committed a serious crime, the sending state will waive such immunity or the sending state will prosecute such individual. “(c) Notification of Diplomatic Corps.—The Secretary should periodically notify each foreign mission of United States policies relating to criminal offenses committed by individuals with immunity from the criminal jurisdiction of the United States under laws extending diplomatic privileges and immunities.”. SEC. 2218. REAFFIRMING UNITED STATES INTERNATIONAL TELECOMMUNICATIONS POLICY. (a) Procurement Policy.—It is the policy of the United States to foster and support procurement of goods and services from private, commercial companies. (b) Implementation.—In order to achieve the policy set forth in subsection (a), the Diplomatic Telecommunications Service Program Office (DTS-PO) shall— (1) utilize full and open competition, to the maximum extent practicable, in the procurement of telecommunications services, including satellite space segment, for the Department of State and each other Federal entity represented at United States diplomatic missions and consular posts overseas; (2) make every effort to ensure and promote the participation in the competition for such procurement of commercial private sector providers of satellite space segment who have no ownership or other connection with an intergovernmental satellite organization; and (3) implement the competitive procedures required by paragraphs (1) and (2) at the prime contracting level and, to the maximum extent practicable, the subcontracting level. SEC. 2219. REDUCTION OF REPORTING. (a) Repeals.—The following provisions of law are repealed: (1) Model foreign language competence posts.—The second sentence of section 161(c) of the Foreign Relations Authorization Act, Fiscal Year 1990 and 1991 (22 U.S.C. 4171 note). (2) Actions of the government of haiti.—Section 705(c) of the International Security and Development Cooperation Act of 1985 (Public Law 99–83). (3) Training facility for the foreign service institute.—Section 123(e)(2) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99–93). (4) Military assistance for haiti.—Section 203(c) of the Special Foreign Assistance Act of 1986 (Public Law 99–529). (5) International sugar agreement, 1977.—Section 5 of the Act entitled “An Act providing for the implementation of the International Sugar Agreement, 1977, and for other purposes” (Public Law 96–236; 7 U.S.C. 3605 and 3606). (6) Audience survey of worldnet program.—Section 209 (c) and (d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100–204). (7) Research on the near and middle east.—Section 228(b) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138; 22 U.S.C. 2452 note). (b) Progress Toward Regional Nonproliferation.—Section 620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2376(c); relating to periodic reports on progress toward regional nonproliferation) is amended by striking “Not later than April 1, 1993 and every six months thereafter,” and inserting “Not later than April 1 of each year,”. (c) Report on Participation by United States Military Personnel Abroad in United States Elections.—Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee Voting Act of 1986 (42 U.S.C. 1973ffib)(6)) is amended by striking “of voter participation” and inserting “of uniformed services voter participation, a general assessment of overseas nonmilitary participation,”. CHAPTER 2—CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR ENHANCED PASSPORT SERVICES. For each of the fiscal years 1998 and 1999, of the fees collected for expedited passport processing and deposited to an offsetting collection pursuant to title V of the Department of State and Related Agencies Appropriations Act for Fiscal Year 1995 (Public Law 103–317; 22 U.S.C. 214 note), 30 percent shall be available only for enhancing passport services for United States citizens, improving the integrity and efficiency of the passport issuance process, improving the secure nature of the United States passport, investigating passport fraud, and deterring entry into the United States by terrorists, drug traffickers, or other criminals. SEC. 2222. CONSULAR OFFICERS. (a) Persons Authorized to Issue Reports of Births Abroad.—Section 33 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding at the end the following: “For purposes of this paragraph, the term ‘consular officer’ includes any United States citizen employee of the Department of State who is designated by the Secretary of State to adjudicate nationality abroad pursuant to such regulations as the Secretary may prescribe.”. (b) Provisions Applicable to Consular Officers.—Section 1689 of the Revised Statutes (22 U.S.C. 4191) is amended by inserting “and to such other United States citizen employees of the Department of State as may be designated by the Secretary of State pursuant to such regulations as the Secretary may prescribe” after “”. (c) Persons Authorized to Authenticate Foreign Documents.— (1) Designated united states citizens performing notarial acts.—Section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221) is further amended by inserting after the first sentence: “At any post, port, or place where there is no consular officer, the Secretary of State may authorize any other officer or employee of the United States Government who is a United States citizen serving overseas, including any contract employee of the United States Government, to perform such acts, and any such contractor so authorized shall not be considered to be a consular officer.”. (2) Definition of consular officers.—Section 3492(c) of title 18, United States Code, is amended by adding at the end the following: “For purposes of this section and sections 3493 through 3496 of this title, the term ‘consular officers’ includes any United States citizen who is designated to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).”. (d) Persons Authorized to Administer Oaths.—Section 115 of title 35, United States Code, is amended by adding at the end the following: “For purposes of this section, a consular officer shall include any United States citizen serving overseas, authorized to perform notarial functions pursuant to section 1750 of the Revised Statutes, as amended (22 U.S.C. 4221).”. (e) Definition of Consular Officer.—Section 101(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is amended by— (1) inserting “or employee” after “officer” the second place it appears; and (2) inserting before the period at the end of the sentence “or, when used in title III, for the purpose of adjudicating nationality”. (f) Training for Employees Performing Consular Functions.—Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 4024) is amended by adding at the end the following new subsection: “(d)(1) Before a United States citizen employee (other than a diplomatic or consular officer of the United States) may be designated by the Secretary of State, pursuant to regulation, to perform a consular function abroad, the United States citizen employee shall— “(A) be required to complete successfully a program of training essentially equivalent to the training that a consular officer who is a member of the Foreign Service would receive for purposes of performing such function; and “(B) be certified by an appropriate official of the Department of State to be qualified by knowledge and experience to perform such function. “(2) As used in this subsection, the term ‘consular function’ includes the issuance of visas, the performance of notarial and other legalization functions, the adjudication of passport applications, the adjudication of nationality, and the issuance of citizenship documentation.”. SEC. 2223. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS. Sections 1726, 1727, and 1728 of the Revised Statutes of the United States (22 U.S.C. 4212, 4213, and 4214), as amended (relating to accounting for consular fees) are repealed. SEC. 2224. ELIMINATION OF DUPLICATE FEDERAL REGISTER PUBLICATION FOR TRAVEL ADVISORIES. (a) Foreign Airports.—Section 44908(a) of title 49, United States Code, is amended— (1) by inserting “and” at the end of paragraph (1); (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Foreign Ports.—Section 908(a) of the International Maritime and Port Security Act of 1986 (46 U.S.C. App. 1804(a)) is amended by striking the second sentence, relating to Federal Register publication by the Secretary of State. SEC. 2225. DENIAL OF VISAS TO CONFISCATORS OF AMERICAN PROPERTY. (a) Denial of Visas.—Except as otherwise provided in section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104–114), and subject to subsection (b), the Secretary of State may deny the issuance of a visa to any alien who— (1) through the abuse of position, including a governmental or political party position, converts or has converted for personal gain real property that has been confiscated or expropriated,a claim to which is owned by a national of the United States, or who is complicit in such a conversion; or (2) induces any of the actions or omissions described in paragraph (1) by any person. (b) Exceptions.—Subsection (a) shall not apply to— (1) any country established by international mandate through the United Nations; or (2) any territory recognized by the United States Government to be in dispute. (c) Reporting Requirement.—Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Secretary of State shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report, including— (1) a list of aliens who have been denied a visa under this subsection; and (2) a list of aliens who could have been denied a visa under subsection (a) but were issued a visa and an explanation as to why each such visa was issued. SEC. 2226. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN INTERNATIONAL CHILD ABDUCTOR. (a) Amendment of Immigration and Nationality Act.—Section 212(a)(10)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)) is amended by striking clause (ii) and inserting the following: “(ii) Aliens supporting abductors and relatives of abductors.—Any alien who— “(I) is known by the Secretary of State to have intentionally assisted an alien in the conduct described in clause (i), “(II) is known by the Secretary of State to be intentionally providing material support or safe haven to an alien described in clause (i), or “(III) is a spouse (other than the spouse who is the parent of the abducted child), child (other than the abducted child), parent, sibling, or agent of an alien described in clause (i), if such person has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion, is inadmissible until the child described in clause (i) is surrendered to the person granted custody by the order described in that clause, and such person and child are permitted to return to the United States or such person’s place of residence, “(iii) Exceptions.—Clauses (i) and (ii) shall not apply— “(I) to a government official of the United States who is acting within the scope of his or her official duties; “(II) to a government official of any foreign government if the official has been designated by the Secretary of State at the Secretary’s sole and unreviewable discretion; or “(III) so long as the child is located in a foreign state that is a party to the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980.”. (b) Effective Date.—The amendment made by subsection (a) shall apply to aliens seeking admission to the United States on or after the date of enactment of this Act. CHAPTER 3—REFUGEES AND MIGRATION Subchapter A—Authorization of Appropriations SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE. (a) Migration and Refugee Assistance.— (1) Authorization of appropriations.—There are authorized to be appropriated for “Migration and Refugee Assistance” for authorized activities, $650,000,000 for the fiscal year 1998 and $704,500,000 for the fiscal year 1999. (2) Limitations.— (A) Limitation regarding tibetan refugees in india and nepal.—Of the amounts authorized to be appropriated in paragraph (1), not more than $2,000,000 for the fiscal year 1998 and $2,000,000 for the fiscal year 1999 are authorized to be available only for humanitarian assistance, including food, medicine, clothing, and medical and vocational training, to Tibetan refugees in India and Nepal who have fled Chinese-occupied Tibet. (B) Refugees resettling in israel.—Of the amounts authorized to be appropriated in paragraph (1), $80,000,000 for the fiscal year 1998 and $80,000,000 for the fiscal year 1999 are authorized to be available for assistance for refugees resettling in Israel from other countries. (C) Humanitarian assistance for displaced burmese.—Of the amounts authorized to be appropriated in paragraph (1), $1,500,000 for the fiscal year 1998 and $1,500,000 for the fiscal year 1999 for humanitarian assistance are authorized to be available, including 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 this section are authorized to remain available until expended. Subchapter B—Authorities SEC. 2241. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF REFUGEES. (a) In General.—None of the funds made available by this subdivision shall be available to effect the involuntary return by the United States of any person to a country in which the person has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, except on grounds recognized as precluding protection as a refugee under the United Nations Convention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refugees of January 31, 1967, subject to the reservations contained in the United States Senate Resolution of Ratification. (b) Migration and Refugee Assistance.—None of the funds made available by section 2231 of this division or by section 2(c) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary return of any person to any country unless the Secretary of State first notifies the appropriate congressional committees, except that in the case of an emergency involving a threat to human life the Secretary of State shall notify the appropriate congressional committees as soon as practicable. (c) Involuntary Return Defined.—As used in this section, the term “to effect the involuntary return” means to require, by means of physical force or circumstances amounting to a threat thereof, a person to return to a country against the person’s will, regardless of whether the person is physically present in the United States and regardless of whether the United States acts directly or through an agent. SEC. 2242. UNITED STATES POLICY WITH RESPECT TO THE INVOLUNTARY RETURN OF PERSONS IN DANGER OF SUBJECTION TO TORTURE. (a) Policy.—It shall be the policy of the United States not to expel, extradite, or otherwise effect the involuntary return of any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture, regardless of whether the person is physically present in the United States. (b) Regulations.—Not later than 120 days after the date of enactment of this Act, the heads of the appropriate agencies shall prescribe regulations to implement the obligations of the United States under Article 3 of the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. (c) Exclusion of Certain Aliens.—To the maximum extent consistent with the obligations of the United States under the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention, the regulations described in subsection (b) shall exclude from the protection of such regulations aliens described in section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)(B)). (d) Review and Construction.—Notwithstanding any other provision of law, and except as provided in the regulations described in subsection (b), no court shall have jurisdiction to review the regulations adopted to implement this section, and nothing in this section shall be construed as providing any court jurisdiction to consider or review claims raised under the Convention or this section, or any other determination made with respect to the application of the policy set forth in subsection (a), except as part of the review of a final order of removal pursuant to section 242 of the Immigration and Nationality Act (8 U.S.C. 1252). (e) Authority to Detain.—Nothing in this section shall be construed as limiting the authority of the Attorney General to detain any person under any provision of law, including, but not limited to, any provision of the Immigration and Nationality Act. (f) Definitions.— (1) Convention defined.—In this section, the term “Convention” means the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, done at New York on December 10, 1984. (2) Same terms as in the convention.—Except as otherwise provided, the terms used in this section have the meanings given those terms in the Convention, subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the Convention. SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE FUNDS. Section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended— (1) in subsection (a)— (A) by striking “Foreign Affairs” and inserting “International Relations and the Committee on Appropriations”; and (B) by inserting “and the Committee on Appropriations” after “Foreign Relations”; and (2) by adding at the end the following new subsection: “(c) The Secretary of State may waive the notification requirement of subsection (a), if the Secretary determines that failure to do so would pose a substantial risk to human health or welfare. In the case of any waiver under this subsection, notification to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives shall be provided as soon as practicable, but not later than 3 days after taking the action to which the notification requirement was applicable, and shall contain an explanation of the emergency circumstances.”. SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS. Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009–171) is amended— (1) in subsection (a)— (A) by striking “For purposes” and inserting “Notwithstanding any other provision of law, for purposes”; and (B) by striking “fiscal year 1997” and inserting “fiscal years 1997, 1998, and 1999”; and (2) by amending subsection (b) to read as follows: “(b) Aliens Covered.— “(1) In general.—An alien described in this subsection is an alien who— “(A) is the son or daughter of a qualified national; “(B) is 21 years of age or older; and “(C) was unmarried as of the date of acceptance of the alien’s parent for resettlement under the Orderly Departure Program. “(2) Qualified national.—For purposes of paragraph (1), the term ‘qualified national’ means a national of Vietnam who— “(A)(i) was formerly interned in a reeducation camp in Vietnam by the Government of the Socialist Republic of Vietnam; or “(ii) is the widow or widower of an individual described in clause (i); and “(B)(i) qualified for refugee processing under the reeducation camp internees subprogram of the Orderly Departure Program; and “(ii) on or after April 1, 1995, is or has been accepted— “(I) for resettlement as a refugee; or “(II) for admission as an immigrant under the Orderly Departure Program.”. SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION POLICIES. Beginning not later than 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of State shall supplement the monthly report to Congress entitled “Update on Monitoring of Cuban Migrant Returnees” with additional information concerning the methods employed by the Government of Cuba to enforce the United States-Cuba agreement of September 1994 and the treatment by the Government of Cuba of persons who have returned to Cuba pursuant to the United States-Cuba agreement of May 1995. TITLE XXIII—ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF STATE PERSONNEL; THE FOREIGN SERVICE CHAPTER 1—ORGANIZATION OF THE DEPARTMENT OF STATE SEC. 2301. COORDINATOR FOR COUNTERTERRORISM. (a) Establishment.—Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at the end the following new subsection: “(f) Coordinator for Counterterrorism.— “(1) In general.—There is within the office of the Secretary of State a Coordinator for Counterterrorism (in this paragraph referred to as the ‘Coordinator’) who shall be appointed by the President, by and with the advice and consent of the Senate. “(2) Duties.— “(A) In general.—The Coordinator shall perform such duties and exercise such powers as the Secretary of State shall prescribe. “(B) Duties described.—The principal duty of the Coordinator shall be the overall supervision (including policy oversight of resources) of international counterterrorism activities. The Coordinator shall be the principal adviser to the Secretary of State on international counterterrorism matters. The Coordinator shall be the principal counterterrorism official within the senior management of the Department of State and shall report directly to the Secretary of State. “(3) Rank and status of ambassador.—The Coordinator shall have the rank and status of Ambassador at Large.”, (b) Technical and Conforming Amendments.—Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236) is amended by striking subsection (e). SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE FOR BURDENSHARING. Section 161 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note) is amended by striking subsection (f). SEC. 2303. PERSONNEL MANAGEMENT. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this division, is further amended by adding at the end the following new subsection: “(g) Qualifications of Officer Having Primary Responsibility for Personnel Management.—The officer of the Department of State with primary responsibility for assisting the Secretary of State with respect to matters relating to personnel in the Department of State, or that officer’s principal deputy, shall have substantial professional qualifications in the field of human resource policy and management.”. SEC. 2304. DIPLOMATIC SECURITY. Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this division, is further amended by adding at the end the following new subsection: “(h) Qualifications of Officer Having Primary Responsibility for Diplomatic Security.—The officer of the Department of State with primary responsibility for assisting the Secretary of State with respect to diplomatic security, or that officer’s principal deputy, shall have substantial professional qualifications in the fields of (1) management, and (2) Federal law enforcement, intelligence, or security.”. SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR THE DEPARTMENT OF STATE. (a) Under Secretaries.— (1) In general.—Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended by striking “5” and inserting “6”. (2) Conforming amendment to title 5.—Section 5314 of title 5, United States Code, is amended by striking ‘Under Secretaries of State (5)" and inserting “Under Secretaries of State (6)”. (b) Assistant Secretaries.— (1) In general.—Section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is amended by striking “20” and inserting “24”. (2) Conforming amendment to title 5.—Section 5315 of title 5, United States Code, is amended by striking “Assistant Secretaries of State (20)” and inserting “Assistant Secretaries of State (24)”. (c) Deputy Assistant Secretaries.—Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), as amended by this division, is further amended— (1) by striking subsection (d); and (2) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g), respectively. SEC. 2306. NOMINATION OF UNDER SECRETARIES AND ASSISTANT SECRETARIES OF STATE. (a) Under Secretaries of State.—Section 1(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as amended by this division, is further amended by adding at the end the following new paragraph: “(4) Nomination of under secretaries.—Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the particular Under Secretary position in the Department of State that the individual shall have.”. (b) Assistant Secretaries of State.—Section 1(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)), as amended by this division, is further amended by adding at the end the following new paragraph: “(3) Nomination of assistant secretaries.—Whenever the President submits to the Senate a nomination of an individual for appointment to a position in the Department of State that is described in paragraph (1), the President shall designate the regional or functional bureau or bureaus of the Department of State with respect to which the individual shall have responsibility.”. CHAPTER 2—PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE SEC. 2311. FOREIGN SERVICE REFORM. (a) Performance Pay.—Section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965) is amended— (1) in subsection (a), by striking “Members” and inserting “Subject to subsection (e), members”; and (2) by adding at the end the following new subsection: “(e) Notwithstanding any other provision of law, the Secretary of State may provide for recognition of the meritorious or distinguished service of any member of the Foreign Service described in subsection (a) (including any member of the Senior Foreign Service) by means other than an award of performance pay in lieu of making such an award under this section.”. (b) Expedited Separation Out.— (1) Separation of lowest ranked foreign service members.—Not later than 90 days after the date of enactment of this Act, the Secretary of State shall develop and implement procedures to identify, and recommend for separation, any member of the Foreign Service ranked by promotion boards of the Department of State in the bottom 5 percent of his or her class for 2 or more of the 5 years preceding the date of enactment of this Act (in this subsection referred to as the “years of lowest ranking”) if the rating official for such member was not the same individual for any two of the years of lowest ranking. (2) Special internal reviews.—In any case where the member was evaluated by the same rating official in any 2 of the years of lowest ranking, an internal review of the member’s file shall be conducted to determine whether the member should be considered for action leading to separation. (3) Procedures.—The Secretary of State shall develop procedures for the internal reviews required under paragraph (2). SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION. (a) Benefits.—Section 609 of the Foreign Service Act of 1980 (22 U.S.C. 4009) is amended— (1) in subsection (a)(2)(A), by inserting “or any other applicable provision of chapter 84 of title 5, United States Code,” after “section 811”; (2) in subsection (a), by inserting “or section 855, as appropriate” after “section 806”; and (3) in subsection (b)(2)— (A) by striking “(2)” and inserting “(2)(A) for those participants in the Foreign Service Retirement and Disability System,”; and (B) by inserting before the period at the end “; and (B) for those participants in the Foreign Service Pension System, benefits as provided in section 851” and (4) in subsection (b) in the matter following paragraph (2), by inserting “(for participants in the Foreign Service Retirement and Disability System) or age 62 (for participants in the Foreign Service Pension System)” after “age 60”. (b) Entitlement to Annuity.—Section 855(b) of the Foreign Service Act of 1980 (22 U.S.C. 4071d(b)) is amended— (1) in paragraph (1)— (A) by inserting “611,” after “608,”; (B) by inserting “or for participants in the Foreign Service Pension System,” after “for participants in the Foreign Service Retirement and Disability System” and (C) by striking “Service shall” and inserting “Service, shall”; and (2) in paragraph (3), by striking “or 610” and inserting “610, or 611”. (c) Effective Dates.— (1) In general.—Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Exceptions.—The amendments made by paragraphs (2) and (3) of subsection (a) and paragraphs (1)(A) and (2) of subsection (b) shall apply with respect to any actions taken under section 611 of the Foreign Service Act of 1980 on or after January 1,1996. SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED FELONS FROM THE FOREIGN SERVICE. Section 610(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4010(a)(2)) is amended in the first sentence by striking “A member” and inserting “Except in the case of an individual who has been convicted of a crime for which a sentence of imprisonment of more than 1 year may be imposed, a member”. SEC. 2314. CAREER COUNSELING. (a) In General.—Section 706(a) of the Foreign Service Act of 1980 (22 U.S.C. 4026(a)) is amended by adding at the end the following new sentence: “Career counseling and related services provided pursuant to this Act shall not be construed to permit an assignment that consists primarily of paid time to conduct a job search and without other substantive duties for more than one month.”. (b) Effective Date.—The amendment made by subsection (a) shall be effective 180 days after the date of the enactment of this Act. SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS. Section 1017(e)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4117(e)(2)) is amended to read as follows: “(2) For the purposes of paragraph (1)(A)(ii) and paragraph (1)(B), the term ‘management official’ does not include— “(A) any chief of mission; “(B) any principal officer or deputy principal officer; “(C) any administrative or personnel officer abroad; or “(D) any individual described in section 1002(12) (B), (C), or (D) who is not involved in the administration of this chapter or in the formulation of the personnel policies and programs of the Department.”. SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL INVESTIGATORS WITHIN THE DIPLOMATIC SECURITY SERVICE. (a) In General.—Section 5545a of title 5, United States Code, is amended by adding at the end the following: “(k)(1) For purposes of this section, the term ‘criminal investigator’ includes a special agent occupying a position under title II of Public Law 99–399 if such special agent— “(A) meets the definition of such term under paragraph (2) of subsection (a) (applied disregarding the parenthetical matter before subparagraph (A) thereof); and “(B) such special agent satisfies the requirements of subsection (d) without taking into account any hours described in paragraph (2)(B) thereof. “(2) In applying subsection (h) with respect to a special agent under this subsection— “(A) any reference in such subsection to ‘basic pay’ shall be considered to include amounts designated as ‘salary’; “(B) paragraph (2)(A) of such subsection shall be considered to include (in addition to the provisions of law specified therein) sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980; and “(C) paragraph (2)(B) of such subsection shall be applied by substituting for ‘Office of Personnel Management’ the following: ‘Office of Personnel Management or the Secretary of State (to the extent that matters exclusively within the jurisdiction of the Secretary are concerned)’.”. (b) Implementation.—Not later than the date on which the amendments made by this section take effect, each special agent of the Diplomatic Security Service who satisfies the requirements of subsection (k)(1) of section 5545a of title 5, United States Code, as amended by this section, and the appropriate supervisory officer, to be designated by the Secretary of State, shall make an initial certification to the Secretary of State that the special agent is expected to meet the requirements of subsection (d) of such section 5545a. The Secretary of State may prescribe procedures necessary to administer this subsection. (c) Technical and Conforming Amendments.—(1) Paragraph (2) of section 5545a(a) of title 5, United States Code, is amended (in the matter before subparagraph (A)) by striking “Public Law 99–399)” and inserting “Public Law 99–399, subject to subsection (k))”. (2) Section 5542(e) of such title is amended by striking “title 18, United States Code,” and inserting “title 18 or section 37(a)(3) of the State Department Basic Authorities Act of 1956,”. (d) Effective Date.—The amendments made by this section shall take effect on the first day of the first applicable pay period— (1) which begins on or after the 90th day following the date of the enactment of this Act; and (2) on which date all regulations necessary to carry out such amendments are (in the judgment of the Director of the Office of Personnel Management and the Secretary of State) in effect. SEC. 2317. NONOVERTIME DIFFERENTIAL PAY. Title 5 of the United States Code is amended— (1) in section 5544(a), by inserting after the fourth sentence the following new sentence: “For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday.”; and (2) at the end of section 5546(a), by adding the following new sentence: “For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday”. SEC. 2318. REPORT CONCERNING MINORITIES AND THE FOREIGN SERVICE. The Secretary of State shall during each of calendar years 1998 and 1999 submit a report to the Congress concerning minorities and the Foreign Service officer corps. In addition to such other information as is relevant to this issue, the report shall include the following data for the last preceding examination and promotion cycles for which such information is available (reported in terms of real numbers and percentages and not as ratios): (1) The numbers and percentages of all minorities taking the written Foreign Service examination. (2) The numbers and percentages of all minorities successfully completing and passing the written Foreign Service examination. (3) The numbers and percentages of all minorities successfully completing and passing the oral Foreign Service examination. (4) The numbers and percentages of all minorities entering the junior officers class of the Foreign Service. (5) The numbers and percentages of all minority Foreign Service officers at each grade. (6) The numbers of and percentages of minorities promoted at each grade of the Foreign Service officer corps. TITLE XXIV—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS CHAPTER 1—AUTHORIZATION OF APPROPRIATIONS SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS. The following amounts are authorized to be appropriated to carry out international information activities and educational and cultural exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, Reorganization Plan Number 2 of 1977, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the Board for International Broadcasting Act, the North/South Center Act of 1991, and the National Endowment for Democracy Act, and to carry out other authorities in law consistent with such purposes: (1) International information programs.—For “International Information Programs”, $427,097,000 for the fiscal year 1998 and $455,246,000 for the fiscal year 1999. (2) Technology fund.—For the “Technology Fund” for the United States Information Agency, $5,050,000 for the fiscal year 1998 and $5,050,000 for the fiscal year 1999. (3) Educational and cultural exchange programs.— (A) Fulbright academic exchange programs.— (i) Fulbright academic exchange programs.—There are authorized to be appropriated for the “Fulbright Academic Exchange Programs” (other than programs described in subparagraph (B)), $99,236,000 for the fiscal year 1998 and $100,000,000 for the fiscal year 1999. (ii) Vietnam fulbright academic exchange programs.—Of the amounts authorized to be appropriated under clause (i), $5,000,000 for the fiscal year 1998 and $5,000,000 for the fiscal year 1999 are authorized to be available for the Vietnam scholarship program established by section 229 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102–138). (B) Other educational and cultural exchange programs.— (i) In general.—There are authorized to be appropriated for other educational and cultural exchange programs authorized by law, $100,764,000 for the fiscal year 1998 and $102,500,000 for the fiscal year 1999. (ii) South pacific exchanges.—Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for “South Pacific Exchanges”. (iii) East timorese scholarships.—Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for “East Timorese Scholarships”. (iv) Tibetan exchanges.—Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 1998 and $500,000 for the fiscal year 1999 are authorized to be available for “Educational and Cultural Exchanges with Tibet” under section 236 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236). (4) International broadcasting activities.— (A) Authorization of appropriations.—For “International Broadcasting Activities”, $340,315,000 for the fiscal year 1998, and $340,365,000 for the fiscal year 1999. (B) Allocation.—Of the amounts authorized to be appropriated under subparagraph (A), the Director of the United States Information Agency and the Broadcasting Board of Governors shall seek to ensure that the amounts made available for broadcasting to nations whose people do not fully enjoy freedom of expression do not decline in proportion to the amounts made available for broadcasting to other nations. (5) Radio construction.—For “Radio Construction”, $40,000,000 for the fiscal year 1998, and $13,245,000 for the fiscal year 1999. (6) Radio free asia.—For “Radio Free Asia”, $24,100,000 for the fiscal year 1998 and $22,000,000 for the fiscal year 1999, and an additional $8,000,000 in fiscal year 1998 for one-time capital costs. (7) Broadcasting to cuba.—For “Broadcasting to Cuba”, $22,095,000 for the fiscal year 1998 and $22,095,000 for the fiscal year 1999. (8) Center for cultural and technical interchange between east and west.—For the “Center for Cultural and Technical Interchange between East and West”, not more than $12,000,000 for the fiscal year 1998 and not more than $12,500,000 for the fiscal year 1999. (9) National endowment for democracy.—For the “National Endowment for Democracy”, $30,000,000 for the fiscal year 1998 and $31,000,000 for the fiscal year 1999. (10) Center for cultural and technical interchange between north and south.—For “Center for Cultural and Technical Interchange between North and South” not more than $1,500,000 for the fiscal year 1998 and not more than $1,750,000 for the fiscal year 1999. CHAPTER 2—AUTHORITIES AND ACTIVITIES SEC. 2411. RETENTION OF INTEREST. Notwithstanding any other provision of law, with the approval of the National Endowment for Democracy, grant funds made available by the National Endowment for Democracy may be deposited in interest-bearing accounts pending disbursement, and any interest which accrues may be retained by the grantee without returning such interest to the Treasury of the United States and interest earned may be obligated and expended for the purposes for which the grant was made without further appropriation. SEC. 2412. USE OF SELECTED PROGRAM FEES. Section 810 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended to read as follows: “use of english-teaching program fees “Sec. 810. (a) In General.—Notwithstanding section 3302 of title 31, United States Code, or any other law or limitation of authority, fees and receipts described in subsection (b) are authorized to be credited each fiscal year for authorized purposes to the appropriate appropriations of the United States Information Agency to such extent as may be provided in advance in appropriations acts. “(b) Fees and Receipts Described.—The fees and receipts described in this subsection are fees and payments received by or for the use of the United States Information Agency from or in connection with— “(1) English-teaching and library services, “(2) educational advising and counseling, “(3) Exchange Visitor Program Services, “(4) advertising and business ventures of the Voice of America and the International Broadcasting Bureau, “(5) cooperating international organizations, and “(6) Agency-produced publications, “(7) an amount not to exceed $100,000 of the payments from motion picture and television programs produced or conducted by or on behalf of the Agency under the authority of this Act or the Mutual Education and Cultural Exchange Act of 1961.”. SEC. 2413. MUSKIE FELLOWSHIP PROGRAM. (a) Guidelines.—Section 227(c)(5) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended by inserting “journalism and communications, education administration, public policy, library and information science,” after “business administration,” each of the two places it appears. (b) Redesignation of Soviet Union.—Section 227 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note) is amended— (1) in subsections (a), (b), and (c)(5), by striking “Soviet Union” each place it appears and inserting “independent states of the former Soviet Union”; (2) in subsection (c)(11), by striking “Soviet republics” and inserting “independent states of the former Soviet Union”; and (3) in the section heading, by inserting “INDEPENDENT STATES OF THE FORMER” after “FROM THE”. SEC. 2414. WORKING GROUP ON UNITED STATES GOVERNMENT-SPONSORED INTERNATIONAL EXCHANGES AND TRAINING. Section 112 of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460) is amended by adding at the end the following new subsection: “(g) Working Group on United States Government Sponsored International Exchanges and Training.—(1) In order to carry out the purposes of subsection (f) and to improve the coordination, efficiency, and effectiveness of United States Government-sponsored international exchanges and training, there is established within the United States Information Agency a senior-level interagency working group to be known as the Working Group on United States Government-Sponsored International Exchanges and Training (in this section referred to as the ‘Working Group’). “(2) For purposes of this subsection, the term ‘Government-sponsored international exchanges and training’ means the movement of people between countries to promote the sharing of ideas, to develop skills, and to foster mutual understanding and cooperation, financed wholly or in part, directly or indirectly, with United States Government funds. “(3) The Working Group shall be composed as follows: “(A) The Associate Director for Educational and Cultural Affairs of the United States Information Agency, who shall act as Chair. “(B) A senior representative of the Department of State, who shall be designated by the Secretary of State. “(C) A senior representative of the Department of Defense, who shall be designated by the Secretary of Defense. “(D) A senior representative of the Department of Education, who shall be designated by the Secretary of Education. “(E) A senior representative of the Department of Justice, who shall be designated by the Attorney General. “(F) A senior representative of the Agency for International Development, who shall be designated by the Administrator of the Agency. “(G) Senior representatives of such other departments and agencies as the Chair determines to be appropriate. “(4) Representatives of the National Security Adviser and the Director of the Office of Management and Budget may participate in the Working Group at the discretion of the Adviser and the Director, respectively. “(5) The Working Group shall be supported by an interagency staff office established in the Bureau of Educational and Cultural Affairs of the United States Information Agency. “(6) The Working Group shall have the following purposes and responsibilities: “(A) To collect, analyze, and report data provided by all United States Government departments and agencies conducting international exchanges and training programs. “(B) To promote greater understanding and cooperation among concerned United States Government departments and agencies of common issues and challenges in conducting international exchanges and training programs, including through the establishment of a clearinghouse for information on international exchange and training activities in the governmental and nongovernmental sectors. “(C) In order to achieve the most efficient and cost-effective use of Federal resources, to identify administrative and programmatic duplication and overlap of activities by the various United States Government departments and agencies involved in Government-sponsored international exchange and training programs, to identify how each Government-sponsored international exchange and training program promotes United States foreign policy, and to report thereon. “(D)(i) Not later than 1 year after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, the Working Group shall develop a coordinated and cost-effective strategy for all United States Government-sponsored international exchange and training programs, including an action plan with the objective of achieving a minimum of 10 percent cost savings through greater efficiency, the consolidation of programs, or the elimination of duplication, or any combination thereof. “(ii) Not later than 1 year after the date of enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, the Working Group shall submit a report to the appropriate congressional committees setting forth the strategy and action plan required by clause (i). “(iii) Each year thereafter the Working Group shall assess the strategy and plan required by clause (i). “(E) Not later than 2 years after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, to develop recommendations on common performance measures for all United States Government-sponsored international exchange and training programs, and to issue a report. “(F) To conduct a survey of private sector international exchange activities and develop strategies for expanding public and private partnerships in, and leveraging private sector support for, United States Government-sponsored international exchange and training activities. “(G) Not later than 6 months after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999, to report on the feasibility and advisability of transferring funds and program management for the ATLAS or the Mandela Fellows programs, or both, in South Africa from the Agency for International Development to the United States Information Agency. The report shall include an assessment of the capabilities of the South African Fulbright Commission to manage such programs and the cost effects of consolidating such programs under one entity. “(7) All reports prepared by the Working Group shall be submitted to the President, through the Director of the United States Information Agency. “(8) The Working Group shall meet at least on a quarterly basis. “(9) All decisions of the Working Group shall be by majority vote of the members present and voting. “(10) The members of the Working Group shall serve without additional compensation for their service on the Working Group. Any expenses incurred by a member of the Working Group in connection with service on the Working Group shall be compensated by that member’s department or agency. “(11) With respect to any report issued under paragraph (6), a member may submit dissenting views to be submitted as part of the report of the Working Group.”. SEC. 2415. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE. (a) In General.—Section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (Public Law 104–319; 22 U.S.C. 2151 note) is amended— (1) by striking “for fiscal year 1997” and inserting “for the fiscal year 1999”; and (2) by inserting after “who are outside Tibet” the following: “(if practicable, including individuals active in the preservation of Tibet’s unique culture, religion, and language)”. (b) Effective Date.—The amendments made by subsection (a) shall take effect on October 1, 1998. SEC. 2416. SURROGATE BROADCASTING STUDY. Not later than 6 months after the date of enactment of this Act, the Broadcasting Board of Governors, acting through the International Broadcasting Bureau, should conduct and complete a study of the appropriateness, feasibility, and projected costs of providing surrogate broadcasting service to Africa and transmit the results of the study to the appropriate congressional committees. SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE. (a) Radio Free Iran.—Not more than $2,000,000 of the funds made available under section 2401(a)(4) of this division for each of the fiscal years 1998 and 1999 for grants to RFE/RL, Incorporated, shall be available only for surrogate radio broadcasting RFE/RL, Incorporated, to the Iranian people in the Farsi language, such broadcasts to be designated as “Radio Free Iran”. (b) Report to Congress.—Not later than 60 days after the date of enactment of this Act, the Broadcasting Board of Governors of the United States Information Agency shall submit a detailed report to Congress describing the costs, implementation, and plans for creation of the surrogate broadcasting service described in subsection (a). (c) Availability of Funds.—None of the funds made available under subsection (a) may be made available until submission of the report required under subsection (b). SEC. 2418. AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK PROGRAMS. The Director of the United States Information Agency is authorized to administer summer travel and work programs without regard to preplacement requirements. SEC. 2419. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING APPROPRIATIONS. Section 701(f) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is amended by striking paragraph (4). SEC. 2420. VOICE OF AMERICA BROADCASTS. (a) In General.—The Voice of America shall devote programming each day to broadcasting information on the individual States of the United States. The broadcasts shall include— (1) information on the products, tourism, and cultural and educational facilities of each State; (2) information on the potential for trade with each State; and (3) discussions with State officials with respect to the matters described in paragraphs (1) and (2). (b) Report.—Not later than one year after the date of enactment of this Act, the Broadcasting Board of Governors of the United States Information Agency shall submit a report to Congress detailing the actions that have been taken to carry out subsection (a). (c) State Defined.—In this section, the term “State” means any of the several States of the United States, the District of Columbia, or any commonwealth or territory of the United States. TITLE XXV—INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS SEC. 2501. INTERNATIONAL CONFERENCES AND CONTINGENCIES. There are authorized to be appropriated for “International Conferences and Contingencies”, $6,537,000 for the fiscal year 1998 and $16,223,000 for the fiscal year 1999 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. SEC. 2502. RESTRICTION RELATING TO UNITED STATES ACCESSION TO ANY NEW INTERNATIONAL CRIMINAL TRIBUNAL. (a) Prohibition.—The United States shall not become a party to any new international criminal tribunal, nor give legal effect to the jurisdiction of such a tribunal over any matter described in subsection (b), except pursuant to— (1) a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after the date of enactment of this Act; or (2) any statute enacted by Congress on or after the date of enactment of this Act. (b) Jurisdiction Described.—The jurisdiction described in this section is jurisdiction over— (1) persons found, property located, or acts or omissions committed, within the territory of the United States; or (2) nationals of the United States, wherever found. (c) Statutory Construction.—Nothing in this section precludes sharing information, expertise, or other forms of assistance with such tribunal. (d) Definition.—The term “new international criminal tribunal” means any permanent international criminal tribunal established on or after the date of enactment of this Act and does not include— (1) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia, as established by United Nations Security Council Resolution 827 of May 25,1993; or (2) the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, as established by United Nations Security Council Resolution 955 of November 8, 1994. SEC. 2503. UNITED STATES MEMBERSHIP IN THE BUREAU OF THE INTERPARLIAMENTARY UNION. (a) Interparliamentary Union Limitation.—Unless the Secretary of State certifies to Congress that the United States will be assessed not more than $500,000 for its annual contribution to the Bureau of the Interparliamentary Union during fiscal year 1999, then effective October 1, 1999, the authority for further participation by the United States in the Bureau shall terminate in accordance with subsection (d). (b) Elimination of Authority to Pay Expenses of the American Group.—Section 1 of the Act entitled “An Act to authorize participation by the United States in the Interparliamentary Union”, approved June 28, 1935 (22 U.S.C. 276) is amended— (1) in the first sentence— (A) by striking “fiscal year” and all that follows through “(1) for” and inserting “fiscal year for”; (B) by striking “; and”; and (C) by striking paragraph (2); and (D) by striking the second sentence. (c) Elimination of Permanent Appropriation.—Section 303 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988 (as contained in section 101(a) of the Continuing Appropriations Act, 1988 (Public Law 100–202; 22 U.S.C. 276 note)) is amended— (1) by striking “$440,000” and inserting “$350,000”; and (2) by striking “paragraph (2) of the first section of Public Law 74–170”. (d) Conditional Termination of Authority.—Unless Congress receives the certification described in subsection (a) before October 1, 1999, effective on that date the Act entitled “An Act to authorize participation by the United States in the Interparliamentary Union”, approved June 28, 1935 (22 U.S.C. 276–276a–4) is repealed. (e) Transfer of Funds to the Treasury.—Unobligated balances of appropriations made under section 303 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act 1988 (as contained in section 101(a) of the Continuing Appropriations Act, 1988; Public Law 100–202) that are available as of the day before the date of enactment of this Act shall be transferred on such date to the general fund of the Treasury of the United States. SEC. 2504. SERVICE IN INTERNATIONAL ORGANIZATIONS. (a) In General.—Section 3582(b) of title 5, United States Code, is amended by striking all after the first sentence and inserting the following: “On reemployment, an employee entitled to the benefits of subsection (a) is entitled to the rate of basic pay to which the employee would have been entitled had the employee remained in the civil service. On reemployment, the agency shall restore the sick leave account of the employee, by credit or charge, to its status at the time of transfer. The period of separation caused by the employment of the employee with the international organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. This subsection does not apply to a congressional employee.”. (b) Effective Date.—The amendment made by subsection (a) shall apply with respect to transfers that take effect on or after the date of enactment of this Act. SEC. 2505. REPORTS REGARDING FOREIGN TRAVEL. (a) Prohibition.—Except as provided in subsection (e), none of the funds authorized to be appropriated by this division for fiscal year 1999 may be used to pay for the expenses of foreign travel by an officer or employee of an Executive branch agency to attend an international conference, or for the routine services that a United States diplomatic mission or consular post provides in support of foreign travel by such an officer or employee to attend an international conference, unless that officer or employee has submitted a preliminary report with respect to that foreign travel in accordance with subsection (b), and has not previously failed to submit a final report with respect to foreign travel to attend an international conference required by subsection (c). (b) Preliminary Reports.—A preliminary report referred to in subsection (a) is a report by an officer or employee of an Executive branch agency with respect to proposed foreign travel to attend an international conference, submitted to the Director prior to commencement of the travel, setting forth— (1) the name and employing agency of the officer or employee; (2) the name of the official who authorized the travel; and (3) the purpose and duration of the travel. (c) Final Reports.—A final report referred to in subsection (a) is a report by an officer or employee of an Executive branch agency with respect to foreign travel to attend an international conference, submitted to the Director not later than 30 days after the conclusion of the travel— (1) setting forth the actual duration and cost of the travel; and (2) updating any other information included in the preliminary report. (d) Report to Congress.—The Director shall submit a report not later than April 1, 1999, to the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives, setting forth with respect to each international conference for which reports described in subsection (c) were required to be submitted to the Director during the preceding six months— (1) the names and employing agencies of all officers and employees of Executive branch agencies who attended the international conference; (2) the names of all officials who authorized travel to the international conference, and the total number of officers and employees who were authorized to travel to the conference by each such official; and (3) the total cost of travel by officers and employees of Executive branch agencies to the international conference. (e) Exceptions.—This section shall not apply to travel by— (1) the President or the Vice President; (2) any officer or employee who is carrying out an intelligence or intelligence-related activity, who is performing a protective function, or who is engaged in a sensitive diplomatic mission; or (3) any officer or employee who travels prior to January 1, 1999. (f) Definitions.—In this section: (1) Director.—The term “Director” means the Director of the Office of International Conferences of the Department of State. (2) Executive branch agency.—The terms “Executive branch agency” and “Executive branch agencies” mean— (A) an entity or entities, other than the General Accounting Office, defined in section 105 of title 5, United States Code; and (B) the Executive Office of the President (except as provided in subsection (e)). (3) International conference.—The term “international conference” means any meeting held under the auspices of an international organization or foreign government, at which representatives of more than two foreign governments are expected to be in attendance, and to which United States Executive branch agencies will send a total of ten or more representatives. (g) Report.—Not later than 180 days after the date of enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report describing— (1) the total Federal expenditure of all official international travel in each Executive branch agency during the previous fiscal year; and (2) the total number of individuals in each agency who engaged in such travel. TITLE XXVI—UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY SEC. 2601. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out the purposes of the Arms Control and Disarmament Act $41,500,000 for the fiscal year 1999. SEC. 2602. STATUTORY CONSTRUCTION. Section 303 of the Arms Control and Disarmament Act (22 U.S.C. 2573), as redesignated by section 2223 of this division, is amended by adding at the end the following new subsection: “(c) Statutory Construction.—Nothing contained in this chapter shall be construed to authorize any policy or action by any Government agency which would interfere with, restrict, or prohibit the acquisition, possession, or use of firearms by an individual for the lawful purpose of personal defense, sport, recreation, education, or training.”. TITLE XXVII—EUROPEAN SECURITY ACT OF 1998 SEC. 2701. SHORT TITLE. This title may be cited as the “European Security Act of 1998”. SEC. 2702. STATEMENT OF POLICY. (a) Policy With Respect to NATO Enlargement.—Congress urges the President to outline a clear and complete strategic rationale for the enlargement of the North Atlantic Treaty Organization (NATO), and declares that— (1) Poland, Hungary, and the Czech Republic should not be the last emerging democracies in Central and Eastern Europe invited to join NATO; (2) the United States should ensure that NATO continues a process whereby all other emerging democracies in Central and Eastern Europe that wish to join NATO will be considered for membership in NATO as soon as they meet the criteria for such membership; (3) the United States should ensure that no limitations are placed on the numbers of NATO troops or types of equipment, including tactical nuclear weapons, to be deployed on the territory of new member states; (4) the United States should reject all efforts to condition NATO decisions on review or approval by the United Nations Security Council; (5) the United States should clearly delineate those NATO deliberations, including but not limited to discussions on arms control, further Alliance enlargement, procurement matters, and strategic doctrine, that are not subject to review or discussion in the NATO-Russia Permanent Joint Council; (6) the United States should work to ensure that countries invited to join the Alliance are provided an immediate seat in NATO discussions; and (7) the United States already pays more than a proportionate share of the costs of the common defense of Europe and should obtain, in advance, agreement on an equitable distribution of the cost of NATO enlargement to ensure that the United States does not continue to bear a disproportionate burden. (b) Policy With Respect to Negotiations With Russia.— (1) Implementation.—NATO enlargement should be carried out in such a manner as to underscore the Alliance’s defensive nature and demonstrate to Russia that NATO enlargement will enhance the security of all countries in Europe, including Russia. Accordingly, the United States and its NATO allies should make this intention clear in negotiations with Russia, including negotiations regarding adaptation of the Conventional Armed Forces in Europe (CFE) Treaty of November 19,1990. (2) Limitations on commitments to russia.—In seeking to demonstrate to Russia NATO’s defensive and security-enhancing intentions, it is essential that neither fundamental United States security interests in Europe nor the effectiveness and flexibility of NATO as a defensive alliance be jeopardized. In particular, no commitments should be made to Russia that would have the effect of— (A) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including rights or responsibilities with respect to the deployment of nuclear weapons and the stationing of troops and equipment from other NATO members; (B) limiting the ability of NATO to defend the territory of new NATO members by, for example, restricting the construction of defense infrastructure or limiting the ability of NATO to deploy necessary reinforcements; (C) providing any international organization, or any country that is not a member of NATO, with authority to delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or the implementation of such decisions, including deliberations and decisions with respect to the deployment of NATO forces or the admission of additional members to NATO; (D) impeding the development of enhanced relations between NATO and other European countries that do not belong to the Alliance; (E) establishing a nuclear weapons-free zone in Centred or Eastern Europe; (F) requiring NATO to subsidize Russian arms sales, service, or support to the militaries of those former Warsaw Pact countries invited to join the Alliance; or (G) legitimizing Russian efforts to link concessions in arms control negotiations to NATO enlargement. (3) Commitments from russia.—In order to enhance security and stability in Europe, the United States should seek commitments from Russia— (A) to demarcate and respect all its borders with neighboring states; (B) to achieve the immediate and complete withdrawal of any armed forces and military equipment under the control of Russia that are deployed on the territories of the independent states of the former Soviet Union without the full and complete agreement of those states; (C) to station its armed forces on the territory of other states only with the full and complete agreement of that state and in strict accordance with international law; and (D) to take steps to reduce further its nuclear and conventional forces in Kaliningrad. (4) Consultations.—As negotiations on adaptation of the Treaty on Conventional Armed Forces in Europe proceed, the United States should engage in close and continuous consultations not only with its NATO allies, but also with the emerging democracies of Central and Eastern Europe, Ukraine, and the South Caucasus. (c) Policy With Respect to Ballistic Missile Defense Cooperation.— (1) In general.—As the United States proceeds with efforts to develop defenses against ballistic missile attack, it should seek to foster a climate of cooperation with Russia on matters related to missile defense. In particular, the United States and its NATO allies should seek to cooperate with Russia in such areas as early warning. (2) Discussions with nato allies.—The United States should initiate discussions with its NATO allies for the purpose of examining the feasibility of deploying a ballistic missile defense capable of protecting NATO’s southern and eastern flanks from a limited ballistic missile attack. (3) Constitutional prerogatives.—Even as the Congress seeks to promote ballistic missile defense cooperation with Russia, it must insist on its constitutional prerogatives regarding consideration of arms control agreements with Russia that bear on ballistic missile defense. SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT. (a) Policy of Section.—This section is enacted in order to implement the policy set forth in section 2702(a). (b) Designation of Additional Countries Eligible for NATO Enlargement Assistance.— (1) Designation of additional countries.—Romania, Estonia, Latvia, Lithuania, and Bulgaria are each designated as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994 (22 U.S.C. 1928 note) and shall be deemed to have been so designated pursuant to section 203(d)(1) of such Act. (2) Rule of construction.—The designation of countries pursuant to paragraph (1) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994— (A) is in addition to the designation of other countries by law or pursuant to section 203(d)(2) of such Act as eligible to receive assistance under the program established under section 203(a) of such Act; and (B) shall not preclude the designation by the President of other emerging democracies in Central and Eastern Europe pursuant to section 203(d)(2) of such Act as eligible to receive assistance under the program established under section 203(a) of such Act. (3) Sense of congress.—It is the sense of Congress that Romania, Estonia, Latvia, Lithuania, and Bulgaria— (A) are to be commended for their progress toward political and economic reform and meeting the guidelines for prospective NATO members; (B) would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members; and (C) upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date. (c) Regional Airspace Initiative and Partnership for Peace Information Management System.— (1) In general.—Funds described in paragraph (2) are authorized to be made available to support the implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System, including— (A) the procurement of items in support of these programs; and (B) the transfer of such items to countries participating in these programs. (2) Funds described.—Funds described in this paragraph are funds that are available— (A) during any fiscal year under the NATO Participation Act of 1994 with respect to countries eligible for assistance under that Act; or (B) during fiscal year 1998 under any Act to carry out the Warsaw Initiative. (d) Extension of Authority Regarding Excess Defense Articles.—Section 105 of Public Law 104–164 (110 Stat. 1427) is amended by striking “1996 and 1997” and inserting “1997, 1998, and 1999”. (e) Conforming Amendments to the Nato Participation Act of 1994.—Section 203(c) of the NATO Participation Act of 1994 (22 U.S.C. 1928 note) is amended— (1) in paragraph (1), by striking “, without regard to the restrictions” and all that follows through “section)”; (2) by striking paragraph (2); (3) in paragraph (6), by striking “appropriated under the ‘Nonproliferation and Disarmament Fund account” and inserting “made available for the ‘Nonproliferation and Disarmament Fund’”; and (4) in paragraph (8)— (A) by striking “any restrictions in sections 516 and 519” and inserting “section 516(e)”; (B) by striking “as amended,”; and (C) by striking “paragraphs (1) and (2)” and inserting “paragraph (1)”; and (5) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively. SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON CONVENTIONAL ARMED FORCES IN EUROPE. It is the sense of Congress that no revisions to the Treaty on Conventional Armed Forces in Europe will be approved for entry into force with respect to the United States that jeopardize fundamental United States security interests in Europe or the effectiveness and flexibility of NATO as a defensive alliance by— (1) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including rights or responsibilities with respect to the deployment of nuclear weapons and the stationing of troops and equipment from other NATO members; (2) limiting the ability of NATO to defend the territory of new NATO members by, for example, restricting the construction of defense infrastructure or limiting the ability of NATO to deploy necessary reinforcements; (3) providing any international organization, or any country that is not a member of NATO, with the authority to delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or the implementation of such decisions, including deliberations and decisions with respect to the deployment of NATO forces or the admission of additional members to NATO; or (4) impeding the development of enhanced relations between NATO and other European countries that do not belong to the Alliance. SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO BALLISTIC MISSILE DEFENSE. (a) Policy of Section.—This section is enacted in order to implement the policy set forth in section 2702(c). (b) Restriction on Entry Into Force of ABM/TMD Demarcation Agreements.—An ABM/TMD demarcation agreement shall not be binding on the United States, and shall not enter into force with respect to the United States, unless, after the date of enactment of this Act, that agreement is specifically approved with the advice and consent of the United States Senate pursuant to Article II, section 2, clause 2 of the Constitution. (c) Sense of Congress With Respect to Demarcation Agreements.— (1) Relationship to multilateralization of abm treaty.—It is the sense of Congress that no ABM/TMD demarcation agreement will be considered for advice and consent to ratification unless, consistent with the certification of the President pursuant to condition (9) of the resolution of ratification of the CFE Flank Document, the President submits for Senate advice and consent to ratification any agreement, arrangement, or understanding that would— (A) add one or more countries as State Parties to the ABM Treaty, or otherwise convert the ABM Treaty from a bilateral treaty to a multilateral treaty; or (B) change the geographic scope or coverage of the ABM Treaty, or otherwise modify the meaning of the term “national territory” as used in Article VI and Article IX of the ABM Treaty. (2) Preservation of united states theater ballistic missile defense potential.—It is the sense of Congress that no ABM/TMD demarcation agreement that would reduce the capabilities of United States theater missile defense systems, or the numbers or deployment patterns of such systems, will be approved for entry into force with respect to the United States. (d) Report on Cooperative Projects With Russia.—Not later than January 1, 1999, and January 1, 2000, the President shall submit to the Committees on International Relations, National Security, and Appropriations of the House of Representatives and the Committees on Foreign Relations, Armed Services, and Appropriations of the Senate a report on cooperative projects with Russia in the area of ballistic missile defense, including in the area of early warning. Each such report shall include the following: (1) Cooperative projects.—A description of all cooperative projects conducted in the area of early warning and ballistic missile defense during the preceding fiscal year and the fiscal year during which the report is submitted. (2) Funding.—A description of the funding for such projects during the preceding fiscal year and the year during which the report is submitted and the proposed funding for such projects for the next fiscal year. (3) Status of dialogue or discussions.—A description of the status of any dialogue or discussions conducted during the preceding fiscal year between the United States and Russia aimed at exploring the potential for mutual accommodation of outstanding issues between the two nations on matters relating to ballistic missile defense and the ABM Treaty, including the possibility of developing a strategic relationship not based on mutual nuclear threats. (e) Definitions.—In this section: (1) ABM/TMD demarcation agreement.—The term “ABM/TMD demarcation agreement” means any agreement that establishes a demarcation between theater ballistic missile defense systems and strategic antiballistic missile defense systems for purposes of the ABM Treaty. (2) ABM treaty.—The term “ABM Treaty” means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti-Ballistic Missile Systems, signed at Moscow on May 26, 1972 (23 UST 3435), and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974 (27 UST 1645). TITLE XXVIII—OTHER FOREIGN POLICY PROVISIONS SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST THE GOVERNMENT OF SAUDI ARABIA (a) In General.—Not later than 90 days after the date of the enactment of this Act and every 180 days thereafter, the Secretary of State, after consultation with the Secretary of Defense and the Secretary of Commerce, shall submit a report to the appropriate congressional committees on specific actions taken by the Department of State, the Department of Defense, and the Department of Commerce toward progress in resolving the commercial disputes between United States firms and the Government of Saudi Arabia that are described in the June 30, 1993, report by the Secretary of Defense pursuant to section 9140(c) of the Department of Defense Appropriations Act, 1993 (Public Law 102–396), including the additional claims noticed by the Department of Commerce on page 2 of that report. (b) Termination.—Subsection (a) shall cease to have effect on the earlier of— (1) the date of submission of the third report under that subsection; or (2) the date that the Secretary of State, after consultation with the Secretary of Defense and the Secretary of Commerce, certifies in writing to the appropriate congressional committees that the commercial disputes referred to in subsection (a) have been resolved satisfactorily. SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE LIBERT AD ACT. (a) Reports Required.—Not later than 30 days after the date of the enactment of this Act and every 3 months thereafter during the period ending September 30, 1999, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of section 401 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091). Each report shall include— (1) an unclassified list, by economic sector, of the number of entities then under review pursuant to that section; (2) an unclassified list of all entities and a classified list of all individuals that the Secretary of State has determined to be subject to that section; (3) an unclassified list of all entities and a classified list of all individuals that the Secretary of State has determined are no longer subject to that section; (4) an explanation of the status of the review underway for the cases referred to in paragraph (1); and (5) an unclassified explanation of each determination of the Secretary of State under section 401(a) of that Act and each finding of the Secretary under section 401(c) of that Act— (A) since the date of the enactment of this Act, in the case of the first report under this subsection; and (B) in the preceding 3-month period, in the case of each subsequent report. (b) Protection of Identity of Concerned Entities.—In preparing the report under subsection (a), the names of entities shall not be identified under paragraph (1) or (4). SEC. 2803. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION. (a) In General.—Beginning 6 months after the date of the enactment of this Act and every 12 months thereafter during the period ending September 30, 1999, the Secretary of State shall submit a report to the appropriate congressional committees on the compliance with the provisions of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, by the signatory countries of the Convention. Each such report shall include the following information: (1) The number of applications for the return of children submitted by United States citizens to the Central Authority for the United States that remain unresolved more than 18 months after the date of filing. (2) A list of the countries to which children in unresolved applications described in paragraph (1) are alleged to have been abducted. (3) A list of the countries that have demonstrated a pattern of noncompliance with the obligations of the Convention with respect to applications for the return of children submitted by United States citizens to the Central Authority for the United States. (4) Detailed information on each unresolved case described in paragraph (1) and on actions taken by the Department of State to resolve each such case. (5) Information on efforts by the Department of State to encourage other countries to become signatories of the Convention. (b) Definition.—In this section, the term “Central Authority for the United States” has the meaning given the term in Article 6 of the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25,1980. SEC. 2804. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE ECUMENICAL PATRIARCHATE BY THE GOVERNMENT OF TURKEY. It is the sense of Congress that the United States should use its influence with the Government of Turkey to suggest that the Government of Turkey— (1) recognize the Ecumenical Patriarchate and its nonpolitical, religious mission; (2) ensure the continued maintenance of the institution’s physical security needs, as provided for under Turkish and international law, including the Treaty of Lausanne, the 1968 Protocol, the Helsinki Final Act (1975), and the Charter of Paris; (3) provide for the proper protection and safety of the Ecumenical Patriarch and Patriarchate personnel; and (4) reopen the Ecumenical Patriarchate’s Halki Patriarchal School of Theology. SEC. 2805. REPORT ON RELATIONS WITH VIETNAM. In order to provide Congress with the necessary information by which to evaluate the relationship between the United States and Vietnam, the Secretary of State shall submit a report to the appropriate congressional committees, not later than 90 days after the date of enactment of this Act and every 180 days thereafter during the period ending September 30, 1999, on the extent to which— (1) the Government of the Socialist Republic of Vietnam is cooperating with the United States in providing the fullest possible accounting of all unresolved cases of prisoners of war (POWs) or persons missing-in-action (MIAs) through the provision of records and the unilateral and joint recovery and repatriation of American remains; (2) the Government of the Socialist Republic of Vietnam has made progress toward the release of all political and religious prisoners, including Catholic, Protestant, and Buddhist clergy; (3) the Government of the Socialist Republic of Vietnam is cooperating with requests by the United States to obtain full and free access to persons of humanitarian interest to the United States for interviews under the Orderly Departure (ODP) and Resettlement Opportunities for Vietnamese Refugees (ROVR) programs, and in providing exit visas for such persons; (4) the Government of the Socialist Republic of Vietnam has taken vigorous action to end extortion, bribery, and other corrupt practices in connection with such exit visas; and (5) the Government of the United States is making vigorous efforts to interview and resettle former reeducation camp victims, their immediate families including unmarried sons and daughters, former United States Government employees, and other persons eligible for the ODP program, and to give such persons the full benefit of all applicable United States laws including sections 599D and 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1990 (Public Law 101–167). SEC. 2806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS VIOLATIONS IN LAOS. Not later than 180 days after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees on the allegations of persecution and abuse of the Hmong and Laotian refugees who have returned to Laos. The report shall include the following: (1) A full investigation, including full documentation of individual cases of persecution, of the Lao Government’s treatment of Hmong and Laotian refugees who have returned to Laos. (2) The steps the Department of State will take to continue to monitor any systematic human rights violations by the Government of Laos. (3) The actions which the Department of State will take to seek to ensure the cessation of human rights violations. SEC. 2807. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING IN THE WESTERN HEMISPHERE. (a) Sense of Congress on Discussions for Alliance.— (1) Sense of congress.—It is the sense of Congress that the President should discuss with the democratically-elected governments of the Western Hemisphere, the prospect of forming a multilateral alliance to address problems relating to international drug trafficking in the Western Hemisphere. (2) Consultations.—In the consultations on the prospect of forming an alliance described in paragraph (1), the President should seek the input of such governments on the possibility of forming one or more structures within the alliance— (A) to develop a regional, multilateral strategy to address the threat posed to nations in the Western Hemisphere by drug trafficking; and (B) to establish a new mechanism for improving multilateral coordination of drug interdiction and drug-related law enforcement activities in the Western Hemisphere. (b) Report.— (1) Requirement.—Not later than 60 days after the date of enactment of this Act, the President shall submit to Congress a report on the proposal discussed under subsection (a). The report shall include the following: (A) An analysis of the reactions of the governments concerned to the proposal. (B) An assessment of the proposal, including an evaluation of the feasibility and advisability of forming the alliance. (C) A determination in light of the analysis and assessment whether or not the formation of the alliance is in the national interests of the United States. (D) If the President determines that the formation of the alliance is in the national interests of the United States, a plan for encouraging and facilitating the formation of the alliance. (E) If the President determines that the formation of the alliance is not in the national interests of the United States, an alternative proposal to improve significantly efforts against the threats posed by narcotics trafficking in the Western Hemisphere, including an explanation of how the alternative proposal will— (i) improve upon current cooperation and coordination of counter-drug efforts among nations in the Western Hemisphere; (ii) provide for the allocation of the resources required to make significant progress in disrupting and disbanding the criminal organizations responsible for the trafficking of illegal drugs in the Western Hemisphere; and (iii) differ from and improve upon past strategies adopted by the United States Government which have failed to make sufficient progress against the trafficking of illegal drugs in the Western Hemisphere. (2) Unclassified form.—The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. SEC. 2808. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION OF TAIWAN TO THE WORLD TRADE ORGANIZATION. (a) Findings.—The Congress makes the following findings: (1) The people of the United States and the people of the Republic of China on Taiwan have long enjoyed extensive ties. (2) Taiwan is currently the 8th largest trading partner of the United States. (3) The executive branch of Government has committed publicly to support Taiwan’s bid to join the World Trade Organization and has declared that the United States will not oppose this bid solely on the grounds that the People’s Republic of China, which also seeks membership in the World Trade Organization, is not yet eligible because of its unacceptable trade practices. (4) The United States and Taiwan have concluded discussions on a variety of outstanding trade issues that remain unresolved with the People’s Republic of China and that are necessary for the United States to support Taiwan’s membership in the World Trade Organization. (5) The reversion of control over Hong Kong—a member of the World Trade Organization—to the People’s Republic of China in many respects affords to the People’s Republic of China the practical benefit of membership in the World Trade Organization for a substantial portion of its trade in goods despite the fact that the trade practices of the People’s Republic of China currently fall far short of what the United States expects for membership in the World Trade Organization. (6) The executive branch of Government has announced its interest in the admission of the People’s Republic of China to the World Trade Organization; the fundamental sense of fairness of the people of the United States warrants the United States Government’s support for Taiwan’s relatively more meritorious application for membership in the World Trade Organization. (7) Despite having made significant progress in negotiations for its accession to the World Trade Organization, Taiwan has yet to offer acceptable terms of accession in agricultural and certain other market sectors. (8) It is in the economic interest of United States consumers and exporters for Taiwan to complete those requirements for accession to the World Trade Organization at the earliest possible moment. (b) Congressional Statement.—The Congress favors public support by officials of the Department of State for the accession of Taiwan to the World Trade Organization. SEC. 2809. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC ENERGY AGENCY IN CUBA. (a) Withholding of United States Proportional Share of Assistance.—Section 307(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(c)) is amended— (1) by striking “The limitations” and inserting “(1) Subject to paragraph (2), the limitations”; and (2) by adding at the end the following: “(2)(A) Except as provided in subparagraph (B), with respect to funds authorized to be appropriated by this chapter and available for the International Atomic Energy Agency, the limitations of subsection (a) shall apply to programs or projects of such Agency in Cuba. “(B)(i) Subparagraph (A) shall not apply with respect to programs or projects of the International Atomic Energy Agency that provide for the discontinuation, dismantling, or safety inspection of nuclear facilities or related materials, or for inspections and similar activities designed to prevent the development of nuclear weapons by a country described in subsection (a). “(ii) Clause (i) shall not apply with respect to the Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the Pedro Pi Nuclear Research Center unless Cuba— “(I) ratifies the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty for the Prohibition of Nuclear Weapons in Latin America (commonly known as the Treaty of Tlatelolco); “(II) negotiates full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and “(III) incorporates internationally accepted nuclear safety standards.”. (b) Opposition to Certain Programs or Projects.—The Secretary of State shall direct the United States representative to the International Atomic Energy Agency to oppose the following: (1) Technical assistance programs or projects of the Agency at the Juragua Nuclear Power Plant near Cienfuegos, Cuba, and at the Pedro Pi Nuclear Research Center. (2) Any other program or project of the Agency in Cuba that is, or could become, a threat to the security of the United States. (c) Reporting Requirements.— (1) Request for iaea reports.—The Secretary of State shall direct the United States representative to the International Atomic Energy Agency to request the Director-General of the Agency to submit to the United States all reports prepared with respect to all programs or projects of the Agency that are of concern to the United States, including the programs or projects described in subsection (b). (2) Annual reports to the congress.—Not later than 180 days after the date of the enactment of this Act, and on an annual basis thereafter, the Secretary of State, in consultation with the United States representative to the International Atomic Energy Agency, shall prepare and submit to the Congress a report containing a description of all programs or projects of the Agency in each country described in section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)). SEC. 2810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA NUCLEAR DEVELOPMENT. (a) In General.—Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370), as amended by this division, is further amended by adding at the end the following: “(y)(1) Except as provided in paragraph (2), the President shall withhold from amounts made available under this Act or any other Act and allocated for a country for a fiscal year an amount equal to the aggregate value of nuclear fuel and related assistance and credits provided by that country, or any entity of that country, to Cuba during the preceding fiscal year. “(2) The requirement to withhold assistance for a country for a fiscal year under paragraph (1) shall not apply if Cuba— “(A) has ratified the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco, and Cuba is in compliance with the requirements of either such Treaty; “(B) has negotiated and is in compliance with full-scope safeguards of the International Atomic Energy Agency not later than two years after ratification by Cuba of such Treaty; and “(C) incorporates and is in compliance with internationally accepted nuclear safety standards. “(3) The Secretary of State shall prepare and submit to the Congress each year a report containing a description of the amount of nuclear fuel and related assistance and credits provided by any country, or any entity of a country, to Cuba during the preceding year, including the terms of each transfer of such fuel, assistance, or credits.”. (b) Effective Date.—Section 620(y) of the Foreign Assistance Act of 1961, as added by subsection (a), shall apply with respect to assistance provided in fiscal years beginning on or after the date of the enactment of this Act. SEC. 2811. INTERNATIONAL FUND FOR IRELAND. (a) Purposes.—Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415; 100 Stat. 947) is amended by adding at the end the following new sentences: “United States contributions should be used in a manner that effectively increases employment opportunities in communities with rates of unemployment higher than the local or urban average of unemployment in Northern Ireland. In addition, such contributions should be used to benefit individuals residing in such communities.”. (b) Conditions and Understandings.—Section 5(a) of such Act is amended— (1) in the first sentence— (A) by striking “The United States” and inserting the following: “(1) In general.—The United States”; (B) by striking “in this Act may be used” and inserting the following: “in this Act— “(A) may be used”; (C) by striking the period and inserting “, and”; and (D) by adding at the end the following: “(B) should be provided to individuals or entities in Northern Ireland which employ practices consistent with the principles of economic justice.”; and (2) in the second sentence, by striking “The restrictions” and inserting the following: “(2) Additional requirements.—The restrictions”. (c) Prior Certifications.—Section 5(c)(2) of such Act is amended— (1) in subparagraph (A), by striking “in accordance with the principle of equality” and all that follows and inserting “to individuals and entities whose practices are consistent with principles of economic justice; and”; and (2) in subparagraph (B), by inserting before the period at the end the following: “and will create employment opportunities in regions and communities of Northern Ireland suffering from high rates of unemployment”. (d) Annual Reports.—Section 6 of such Act is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period and inserting “; and”; and (3) by adding at the end the following new paragraph: “(4) the extent to which the practices of each individual or entity receiving assistance from United States contributions to the International Fund has been consistent with the principles of economic justice.”. (e) Requirements Relating to Funds.—Section 7 of such Act is amended by adding at the end the following: “(c) Prohibition.—Nothing included herein shall require quotas or reverse discrimination or mandate their use”. (f) Definitions.—Section 8 of such Act is amended— (1) in paragraph (1), by striking “and” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new paragraph: “(3) the term ‘principles of economic justice’ means the following principles: “(A) Increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs. “(B) Providing adequate security for the protection of minority employees at the workplace. “(C) Banning provocative sectarian or political emblems from the workplace. “(D) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups. “(E) Providing that layoff, recall, and termination procedures do not favor a particular religious group. “(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion. “(G) Providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. “(H) Establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement. “(I) Providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in subparagraphs (A) through (H).”. SEC. 2812. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ. (a) Assistance for Justice in Iraq.—There are authorized to be appropriated for fiscal year 1998 $3,000,000 for assistance to an international commission to establish an international record for the criminal culpability of Saddam Hussein and other Iraqi officials and for an international criminal tribunal established for the purpose of indicting, prosecuting, and punishing Saddam Hussein and other Iraqi officials responsible for crimes against humanity, genocide, and other violations of international law. (b) Assistance to the Democratic Opposition in Iraq.—There are authorized to be appropriated for fiscal year 1998 $15,000,000 to provide support for democratic opposition forces in Iraq, of which— (1) not more than $10,000,000 shall be for assistance to the democratic opposition, including leadership organization, training political cadre, maintaining offices, disseminating information, and developing and implementing agreements among opposition elements; and (2) not more than $5,000,000 of the funds made available under this subsection shall be available only for grants to RFE/RL, Incorporated, for surrogate radio broadcasting by RFE/ RL, Incorporated, to the Iraqi people in the Arabic language, such broadcasts to be designated as “Radio Free Iraq”. (c) Assistance for Humanitarian Relief and Reconstruction.—There are authorized to be appropriated for fiscal year 1998 $20,000,000 for the relief, rehabilitation, and reconstruction of people living in Iraq, and communities located in Iraq, who are not under the control of the Saddam Hussein regime. (d) Availability.—Amounts authorized to be appropriated by this section shall be provided in addition to amounts otherwise made available and shall remain available until expended. (e) Notification.—All assistance provided pursuant to this section shall be notified to Congress in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961. (f) Relation to Other Laws.—Funds made available to carry out the provisions of this section may be made available notwithstanding any other provision of law. (g) Report.—Not later than 45 days after the date of enactment of this Act, the Secretary of State and the Broadcasting Board of Governors of the United States Information Agency shall submit a detailed report to Congress describing— (1) the costs, implementation, and plans for the establishment of an international war crimes tribunal described in subsection (a); (2) the establishment of a political assistance program, and the surrogate broadcasting service, as described in subsection (b); and (3) the humanitarian assistance program described in subsection (c). SEC. 2813. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF SERBIA. (a) Findings.—Congress makes the following findings: (1) The United States stands as the beacon of democracy and freedom in the world. (2) A stable and democratic Republic of Serbia is important to the interests of the United States, the international community, and to peace in the Balkans. (3) Democratic forces in the Republic of Serbia are beginning to emerge, notwithstanding the efforts of Europe’s longest-standing communist dictator, Slobodan Milosevic. (4) The Serbian authorities have sought to continue to hinder the growth of free and independent news media in the Republic of Serbia, in particular the broadcast news media, and have harassed journalists performing their professional duties. (5) Under Slobodan Milosevic, the political opposition in Serbia has been denied free, fair, and equal opportunity to participate in the democratic process. (b) Sense of Congress.—It is the sense of Congress that— (1) the United States, the international community, nongovernmental organizations, and the private sector should continue to promote the building of democratic institutions and civic society in the Republic of Serbia, help strengthen the independent news media, and press for the Government of the Republic of Serbia to respect the rule of law; and (2) the normalization of relations between the “Federal Republic of Yugoslavia” (Serbia and Montenegro) and the United States requires, among other things, that President Milosevic and the leadership of Serbia— (A) promote the building of democratic institutions, including strengthening the independent news media and respecting the rule of law; (B) promote the respect for human rights throughout the “Federal Republic of Yugoslavia” (Serbia and Montenegro); and (C) promote and encourage free, fair, and equal conditions for the democratic opposition in Serbia.

    Effective date note
    Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1201 of Pub. L. 105–277, set out as an Effective Date note under section 6511 of this title.

47. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXIII)(s1302)(b) · 113 Stat. 1501

    Added · 22 U.S.C. § 2776(a)(13)

    Pub. L. 106–113, § 1000(a)(7) [title XIII, § 1302(b)], added par. (13)

    Source evidence

    Code amendment note
    Subsec. (a)(13). Pub. L. 106–113, § 1000(a)(7) [title XIII, § 1302(b)], added par. (13).

48. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXIII)(s1301)(b)(1) · 113 Stat. 1501

    Inserted · 22 U.S.C. § 2776(b)(1)

    Pub. L. 106–113, § 1000(a)(7) [title XIII, § 1301(b)(1)], in sixth sentence, inserted before period at end “, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 106–113, § 1000(a)(7) [title XIII, § 1301(b)(1)], in sixth sentence, inserted before period at end “, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information”.

49. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXII)(s1245)(a)(1) · 113 Stat. 1501

    Substituted · 22 U.S.C. § 2776(b)(1)(C)

    Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(a)(1)], substituted “and a description of any offset agreement with respect to such sale;” for “and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale (if known on the date of transmittal of such statement);”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(a)(1)], substituted “and a description of any offset agreement with respect to such sale;” for “and a description from such contractor of any offset agreements proposed to be entered into in connection with such sale (if known on the date of transmittal of such statement);”.

50. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXIII)(s1301)(b)(2) · 113 Stat. 1501

    Inserted · 22 U.S.C. § 2776(c)(1)

    Pub. L. 106–113, § 1000(a)(7) [title XIII, § 1301(b)(2)], in last sentence, inserted before period at end “, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 106–113, § 1000(a)(7) [title XIII, § 1301(b)(2)], in last sentence, inserted before period at end “, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information”.

51. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXII)(s1245)(a)(2) · 113 Stat. 1501

    Substituted · 22 U.S.C. § 2776(c)(1)

    Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(a)(2)], in second sentence, substituted “and a description of any such offset agreement” for “(if known on the date of transmittal of such certification)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(a)(2)], in second sentence, substituted “and a description of any such offset agreement” for “(if known on the date of transmittal of such certification)”.

52. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXII)(s1224) · 113 Stat. 1501

    Added · 22 U.S.C. § 2776(c)(4)

    Pub. L. 106–113, § 1000(a)(7) [title XII, § 1224], added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 106–113, § 1000(a)(7) [title XII, § 1224], added par. (4).

53. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXII)(s1245)(b)(1) · 113 Stat. 1501

    Redesignated · 22 U.S.C. § 2776(e)

    Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(b)(1)], redesignated subsec. (e), relating to publication of arms sales certifications, as (f)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(b)(1)], redesignated subsec. (e), relating to publication of arms sales certifications, as (f).

54. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXIII)(s1301)(a) · 113 Stat. 1501

    Substituted · 22 U.S.C. § 2776(f)

    Pub. L. 106–113, § 1000(a)(7) [title XIII, § 1301(a)], which directed amendment of subsec. (e), relating to publication of arms sales certifications, by inserting “in a timely manner” after “to be published” and by substituting “the full unclassified text of—

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–113, § 1000(a)(7) [title XIII, § 1301(a)], which directed amendment of subsec. (e), relating to publication of arms sales certifications, by inserting “in a timely manner” after “to be published” and by substituting “the full unclassified text of—

    “(1) each numbered certification submitted pursuant to subsection (b); “(2) each notification of a proposed commercial sale submitted under subsection (c); and “(3) each notification of a proposed commercial technical assistance or manufacturing licensing agreement submitted under subsection (d).” for “the full unclassified text of each numbered certification submitted pursuant to subsection (b) of this section and each notification of a proposed commercial sale submitted under subsection (c) of this section.”, was executed by making the amendment in subsec. (f) to reflect the probable intent of Congress and the redesignation of that subsec. (e) as (f). See 1999 Amendment note below.

55. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXII)(s1245)(b)(1) · 113 Stat. 1501

    Redesignated · 22 U.S.C. § 2776(f)

    Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(b)(1)], redesignated subsec. (e), relating to publication of arms sales certifications, as (f)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(b)(1)], redesignated subsec. (e), relating to publication of arms sales certifications, as (f).

56. 1999

    District of Columbia Appropriations Act, 2000

    Pub. L. 106–113 § 1000(a)(7)(tXII)(s1245)(b)(2) · 113 Stat. 1501

    Added · 22 U.S.C. § 2776(g)

    Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(b)(2)], added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 106–113, § 1000(a)(7) [title XII, § 1245(b)(2)], added subsec. (g).

57. 2000

    Pub. L. 106–280 title I § 102(c)(1) · 114 Stat. 845

    1. Added · 22 U.S.C. § 2776(c)(2)(B); 22 U.S.C. § 2776(c)(2)(C)

       Pub. L. 106–280 added subpar. (B)

    2. Redesignated · 22 U.S.C. § 2776(c)(2)(B); 22 U.S.C. § 2776(c)(2)(C)

       Pub. L. 106–280 redesignated former subpar. (B) as (C)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B), (C). Pub. L. 106–280 added subpar. (B) and redesignated former subpar. (B) as (C).

    Enacted provision · exact public law section
    (C) by inserting after subparagraph (A) the following: “(B) in the case of a license for an export of a commercial communications satellite for launch from, and by nationals of, the Russian Federation, Ukraine, or Kazakhstan, shall not be issued until at least 15 calendar days after the Congress receives such certification, and shall not be issued then if the Congress, within that 15-day period, enacts a joint resolution prohibiting the proposed export; and”.

58. 2002

    Security Assistance Act of 2002

    Pub. L. 107–228 § 1262(c) · 116 Stat. 1350

    1. Redesignated · 22 U.S.C. § 2776(a)(7)(13)

       Pub. L. 107–228, § 1262(c), redesignated pars. (8) to (13) as (7) to (12), respectively

    2. Struck · 22 U.S.C. § 2776(a)(7)(13)

       Pub. L. 107–228, § 1262(c), struck out former par. (7) which read as follows: “an estimate of—

    Source evidence

    Code amendment note
    Subsec. (a)(7) to (13). Pub. L. 107–228, § 1262(c), redesignated pars. (8) to (13) as (7) to (12), respectively, and struck out former par. (7) which read as follows: “an estimate of—

    “(A) the number of United States military personnel, the number of United States Government civilian personnel, and the number of United States civilian contract personnel, who were in each foreign country at the end of that quarter, and “(B) the number of members of each such category of personnel who were in each foreign country at any time during that quarter, in implementation of sales and commercial exports under this chapter or of assistance under chapter 2, 5, 6, or 8 of part II of the Foreign Assistance Act of 1961, including both personnel assigned to the country and personnel temporarily in the country by detail or otherwise;”.

    Enacted provision · exact public law section
    (c) Quarterly Reports on Government-To-Government Arms Exports.— Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended— (1) by striking paragraph (7); and (2) by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively.

59. 2002

    Security Assistance Act of 2002

    Pub. L. 107–228 § 1405(a)(2)(A)(i) · 116 Stat. 1350

    Substituted · 22 U.S.C. § 2776(b)(1)

    Pub. L. 107–228, § 1405(a)(2)(A)(i), substituted “(1) Subject to paragraph (6), in the case of” for “(1) In the case of” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 107–228, § 1405(a)(2)(A)(i), substituted “(1) Subject to paragraph (6), in the case of” for “(1) In the case of” in introductory provisions.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “(1) In the case of” and inserting “(1) Subject to paragraph (6), in the case of”;

60. 2002

    Security Assistance Act of 2002

    Pub. L. 107–228 § 1405(a)(2)(A)(ii) · 116 Stat. 1350

    Substituted · 22 U.S.C. § 2776(b)(5)(C)

    Pub. L. 107–228, § 1405(a)(2)(A)(ii), substituted “Subject to paragraph (6), if” for “If”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(C). Pub. L. 107–228, § 1405(a)(2)(A)(ii), substituted “Subject to paragraph (6), if” for “If”.

    Enacted provision · exact public law section
    (ii) in paragraph (5)(C), by striking “(C) If” and inserting “(C) Subject to paragraph (6), if”; and

61. 2002

    Security Assistance Act of 2002

    Pub. L. 107–228 § 1405(a)(2)(A)(iii) · 116 Stat. 1350

    Added · 22 U.S.C. § 2776(b)(6)

    Pub. L. 107–228, § 1405(a)(2)(A)(iii), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 107–228, § 1405(a)(2)(A)(iii), added par. (6).

    Enacted provision · exact public law section
    (iii) by adding at the end of the following new paragraph: “(6) The limitation in paragraph (1) and the requirement in paragraph (5)(C) shall apply in the case of a letter of offer to sell to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries only if the letter of offer involves— “(A) the sale of major defense equipment under this Act for, or the enhancement or upgrade of major defense equipment at a cost of, $25,000,000 or more, as the case may be; and “(B) the sale of defense articles or services for, or the enhancement or upgrade of defense articles or services at a cost of, $100,000,000 or more, as the case may be; or “(C) the sale of design and construction services for, or the enhancement or upgrade of design and construction services at a cost of, $300,000,000 or more, as the case may be.”; and

62. 2002

    Security Assistance Act of 2002

    Pub. L. 107–228 § 1405(a)(2)(B)(i) · 116 Stat. 1350

    Substituted · 22 U.S.C. § 2776(c)(1)

    Pub. L. 107–228, § 1405(a)(2)(B)(i), substituted “(1) Subject to paragraph (5), in the case of” for “(1) In the case of”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 107–228, § 1405(a)(2)(B)(i), substituted “(1) Subject to paragraph (5), in the case of” for “(1) In the case of”.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “(1) In the case of” and inserting “(1) Subject to paragraph (5), in the case of”; and

63. 2002

    Security Assistance Act of 2002

    Pub. L. 107–228 § 1205(a) · 116 Stat. 1350

    Inserted · 22 U.S.C. § 2776(c)(1)

    Pub. L. 107–228, § 1205(a), inserted “(or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more)” after “$50,000,000 or more”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–228, § 1205(a), inserted “(or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more)” after “$50,000,000 or more”.

    Enacted provision · exact public law section
    (a) Congressional Notification of Export License Approvals.— Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is amended by inserting “(or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more)” after “$50,000,000 or more”.

64. 2002

    Security Assistance Act of 2002

    Pub. L. 107–228 § 1405(a)(2)(B)(ii) · 116 Stat. 1350

    Added · 22 U.S.C. § 2776(c)(5)

    Pub. L. 107–228, § 1405(a)(2)(B)(ii), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 107–228, § 1405(a)(2)(B)(ii), added par. (5).

    Enacted provision · exact public law section
    (ii) by adding at the end the following new paragraph: “(5) In the case of an application by a person (other than with regard to a sale under section 21 or 22 of this Act) for a license for the export to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries, the limitations on the issuance of the license set forth in paragraph (1) shall apply only if the license is for export of— “(A) major defense equipment sold under a contract in the amount of $25,000,000 or more; or “(B) defense articles or defense services sold under a contract in the amount of $100,000,000 or more.”;

65. 2008

    Pub. L. 110–429 § 203(b)(1) · 122 Stat. 4842

    Inserted · 22 U.S.C. § 2776(b); 22 U.S.C. § 2776(c); 22 U.S.C. § 2776(d)(2)(A)

    Pub. L. 110–429, § 203(b)(1), inserted “the Republic of Korea,” before “or New Zealand” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (b), (c), (d)(2)(A). Pub. L. 110–429, § 203(b)(1), inserted “the Republic of Korea,” before “or New Zealand” wherever appearing.

    Enacted provision · exact public law section
    (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), 22 USC 2753, 2761, 2776, 2796a, 2796b. by inserting “the Republic of Korea,” before “or New Zealand” each place it appears;

66. 2008

    Pub. L. 110–429 § 201(d) · 122 Stat. 4842

    Added · 22 U.S.C. § 2776(h)

    Pub. L. 110–429, § 201(d), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–429, § 201(d), added subsec. (h).

    Enacted provision · exact public law section
    (d) Certification.— Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following: “(h) Certification Requirement Relating to Israel’s Qualitative Military Edge.— “(1) In general.— Any certification relating to a proposed sale or export of defense articles or defense services under this section to any country in the Middle East other than Israel shall include a determination that the sale or export of the defense articles or defense services will not adversely affect Israel’s qualitative military edge over military threats to Israel. “(2) Qualitative military edge defined.— In this subsection, the term ‘qualitative military edge’ means the ability to counter and defeat any credible conventional military threat from any individual state or possible coalition of states or from non-state actors, while sustaining minimal damages and casualties, through the use of superior military means, possessed in sufficient quantity, including weapons, command, control, communication, intelligence, surveillance, and reconnaissance capabilities that in their technical characteristics are superior in capability to those of such other individual or possible coalition of states or non-state actors.” .

67. 2010

    Security Cooperation Act of 2010

    Pub. L. 111–266 § 301(1) · 124 Stat. 2797

    Inserted · 22 U.S.C. § 2776(b)

    Pub. L. 111–266, § 301(1), inserted “Israel,” before “or New Zealand” in concluding provisions of par (1), in par. (2), and in introductory provisions of par. (6)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–266, § 301(1), inserted “Israel,” before “or New Zealand” in concluding provisions of par (1), in par. (2), and in introductory provisions of par. (6).

    Enacted provision · exact public law section
    (1) in 22 USC 2753, 2761, 2776, 2796a, 2796b. sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting “Israel,” before “or New Zealand” each place it appears; and

68. 2010

    Security Cooperation Act of 2010

    Pub. L. 111–266 § 301(1) · 124 Stat. 2797

    Inserted · 22 U.S.C. § 2776(c)

    Pub. L. 111–266, § 301(1), inserted “Israel,” before “or New Zealand” in par. (2)(A) and in introductory provisions of par. (5)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–266, § 301(1), inserted “Israel,” before “or New Zealand” in par. (2)(A) and in introductory provisions of par. (5).

    Enacted provision · exact public law section
    (1) in 22 USC 2753, 2761, 2776, 2796a, 2796b. sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting “Israel,” before “or New Zealand” each place it appears; and

69. 2010

    Defense Trade Cooperation Treaties Implementation Act of 2010

    Pub. L. 111–266 § 104(d)(1) · 124 Stat. 2797

    Added · 22 U.S.C. § 2776(c)(6)

    Pub. L. 111–266, § 104(d)(1), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (c)(6). Pub. L. 111–266, § 104(d)(1), added par. (6).

    Enacted provision · exact public law section
    (1) Exports.— Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended by adding at the end the following new paragraph: “(6) The President shall notify the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate at least 15 days prior to an export pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this Act to which the provisions of paragraph (1) of this subsection would apply absent an exemption granted under section 38(j)(1) of this Act, for which purpose such notification shall contain information comparable to that specified in paragraph (1) of this subsection.” .

70. 2010

    Security Cooperation Act of 2010

    Pub. L. 111–266 § 301(1) · 124 Stat. 2797

    Inserted · 22 U.S.C. § 2776(d)(2)(A)

    Pub. L. 111–266, § 301(1), inserted “Israel,” before “or New Zealand”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A). Pub. L. 111–266, § 301(1), inserted “Israel,” before “or New Zealand”.

    Enacted provision · exact public law section
    (1) in 22 USC 2753, 2761, 2776, 2796a, 2796b. sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting “Israel,” before “or New Zealand” each place it appears; and

71. 2010

    Defense Trade Cooperation Treaties Implementation Act of 2010

    Pub. L. 111–266 § 104(d)(2) · 124 Stat. 2797

    Added · 22 U.S.C. § 2776(d)(6)

    Pub. L. 111–266, § 104(d)(2), added par. (6)

    Source evidence

    Code amendment note
    Subsec. (d)(6). Pub. L. 111–266, § 104(d)(2), added par. (6).

    Enacted provision · exact public law section
    (2) Commercial technical assistance or manufacturing licensing agreements.— Section 36(d) of such Act (22 U.S.C. 2776(d)) is amended by adding at the end the following new paragraph: “(6) The President shall notify the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate at least 15 days prior to an export pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this Act to which the provisions of paragraph (1) of this subsection would apply absent an exemption granted under section 38(j)(1) of this Act, for which purpose such notification shall contain information comparable to that specified in paragraph (1) of this subsection.” .

72. 2014

    Pub. L. 113–276 § 208(a)(1) · 128 Stat. 2989

    Substituted · 22 U.S.C. § 2776(a); 22 U.S.C. § 2776(b)(1); 22 U.S.C. § 2776(5)(C); 22 U.S.C. § 2776(c)(1); 22 U.S.C. § 2776(f)

    Pub. L. 113–276, § 208(a)(1), substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and”

    Source evidence

    Code amendment note
    Subsecs. (a), (b)(1), (5)(C), (c)(1), (f). Pub. L. 113–276, § 208(a)(1), substituted “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and” for “the Speaker of the House of Representatives and”.

    Enacted provision · exact public law section
    (1) in sections 3(a), 3(d)(1), 3(d)(3)(A), 3(e), 5(c), 6, 21(g), 36(a), 36(b)(1), 36(b)(5)(C), 36(c)(1), 36(f), 38(f)(1), 40(f)(1), 40(g)(2)(B), 101(b), and 102(a)(2), 22 USC 2753, 2755, 2756, 2761, 2776, 2778, 2780, 2799. by striking “the Speaker of the House of Representatives and” each place it appears and inserting “the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and”;

73. 2014

    Pub. L. 113–276 § 201 · 128 Stat. 2989

    Added · 22 U.S.C. § 2776(i)

    Pub. L. 113–276, § 201, added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 113–276, § 201, added subsec. (i).

    Enacted provision · exact public law section
    SEC. 201. ENHANCED CONGRESSIONAL OVERSIGHT OF ARMS SALES, INCLUDING TO THE MIDDLE EAST.   Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following new subsection: “(i) Prior Notification of Shipment of Arms.— At least 30 days prior to a shipment of defense articles subject to the requirements of subsection (b) at the joint request of the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives, the President shall provide notification of such pending shipment, in unclassified form, with a classified annex as necessary, to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.” .

74. 2014

    United States-Israel Strategic Partnership Act of 2014

    Pub. L. 113–296 § 11(b) · 128 Stat. 4075

    1. Added · 22 U.S.C. § 2776(h)(2); 22 U.S.C. § 2776(h)(3)

       Pub. L. 113–296 added par. (2)

    2. Redesignated · 22 U.S.C. § 2776(h)(2); 22 U.S.C. § 2776(h)(3)

       Pub. L. 113–296 redesignated former par. (2) as (3)

    Source evidence

    Code amendment note
    Subsec. (h)(2), (3). Pub. L. 113–296 added par. (2) and redesignated former par. (2) as (3).

    Enacted provision · exact public law section
    (b) Certification Requirements for Major Defense Equipment.— Section 36(h) of the Arms Export Control Act (22 U.S.C. 2776(h)) is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: “(2) Requirements with respect to determination for major defense equipment.— A determination under paragraph (1) relating to the sale or export of major defense equipment shall include— “(A) a detailed explanation of Israel’s capacity to address the improved capabilities provided by such sale or export; “(B) a detailed evaluation of— “(i) how such sale or export alters the strategic and tactical balance in the region, including relative capabilities; and “(ii) Israel’s capacity to respond to the improved regional capabilities provided by such sale or export; “(C) an identification of any specific new capacity, capabilities, or training that Israel may require to address the regional or country-specific capabilities provided by such sale or export; and “(D) a description of any additional United States security assurances to Israel made, or requested to be made, in connection with, or as a result of, such sale or export.” .

72 of 88 references resolved to an enrolled provision · 16 partial