§ 5544. Wage-board overtime, Sunday rates, and other premium pay

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. 1966

   Pub. L. 89–554 · 80 Stat. 378

   Enacted · 5 U.S.C. § 5544

   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 486

   Source evidence

   Code source credit
   Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 486

2. 1967

   Federal Salary Act of 1967

   Pub. L. 90–206 title II § 222(d) · 81 Stat. 612

   Changed · 5 U.S.C. § 5544(a)

   Pub. L. 90–206 provided that time spent in a travel status away from the official duty station could not qualify as hours of work unless the travel involved the performance of work while traveling, was incident to travel involving the performance of work while traveling, carried out under arduous conditions, or resulting from an event which could not be scheduled or controlled administratively

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 90–206 provided that time spent in a travel status away from the official duty station could not qualify as hours of work unless the travel involved the performance of work while traveling, was incident to travel involving the performance of work while traveling, carried out under arduous conditions, or resulting from an event which could not be scheduled or controlled administratively.

   Enacted provision · exact public law section
   (d) Section 5544(a) of title 5, United States Code, is amended by 80 Stat. 486; Ante, p. 200. inserting immediately at the end thereof the following new sentence: “Time spent in a travel status away from the official duty station of an employee subject to this subsection is not hours of work unless the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively.”.

3. 1972

   Pub. L. 92–392 § 5 · 86 Stat. 564

   Substituted · 5 U.S.C. § 5544(a)

   Pub. L. 92–392 substituted “pay” for “basic pay” and provided for determination of pay under section 5343 or 5349 of this title

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 92–392 substituted “pay” for “basic pay” and provided for determination of pay under section 5343 or 5349 of this title.

   Enacted provision · exact public law section
   Sec. 5. The first sentence of section 5544(a) of title 5, United States 80 Stat. 486; 81 Stat. 641. Code, is amended to read as follows: “An employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under section 5343 or 5349 of this title, or by a wage board or similar Ante, pp. 566 572. administrative authority serving the same purpose, is entitled to overtime pay for overtime work in excess of 8 hours a day or 40 hours a week.”.

4. 1990

   Pub. L. 101–509 title V § 529(tII)(s210)(3) · 104 Stat. 1389

   Inserted · 5 U.S.C. § 5544(a)

   Pub. L. 101–509 inserted at end “This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–509 inserted at end “This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”

   Enacted provision · exact public law section
   SEC. 529. FEDERAL EMPLOYEES PAY COMPARABILITY ACT OF 1990. SECTION 1. SHORT TITLE; RULES OF CONSTRUCTION. (a) Short Title.— This section, and the sections immediately following this section through section 412, inclusive, may be cited as the “Federal Employees Pay Comparability Act of 1990” (hereinafter in this section referred to as “FEPCA”). (b) Rules of Construction.— (1) Except as otherwise expressly provided, any reference (actual or implicit) in FEPCA (outside of this section) to “this Act” (or to any title, section, or other designated provision of “this Act”) shall be construed to be a reference to FEPCA (or the corresponding provision within FEPCA). (2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to “this Act” (or to any title, section, or other designated provision of “this Act”), and any reference made in any provision of law outside of this Act to the “Treasury, Postal Service and General Government Appropriations Act, 1991” (or to any title, section, or other designated provision of such Act), shall be construed disregarding the provisions of FEPCA. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: TABLE OF CONTENTS Sec. 1. Short title; rules of construction. Sec. 2. Table of contents. TITLE I— AMENDMENTS RELATING TO BASIC PAY Sec. 101. Annual adjustments to statutory pay rates; locality-based comparability adjustments; other matters. Sec. 102. Pay for positions above GS-15 and certain other positions. Sec. 103. Pay for critical positions. Sec. 104. Administrative law judges and contract appeals board members. Sec. 105. Special occupational pay systems. Sec. 106. Elimination of GS-11 threshold for new appointees to be paid above minimum rates. Sec. 107. Advances of pay. Sec. 108. Reemployment of retirees. Sec. 109. New pay structure for the police forces of the Bureau of Engraving and Printing and the United States Mint. Sec. 110. Compensation of standing trustees appointed under titles 11 and 28, United States Code. Sec. 111. Pay-for-performance labor-management committee. Sec. 112. Position titles in certain departments. Sec. 113. Director of the Census Bureau. TITLE II— AMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS Sec. 201. Time off from duty as an incentive award. Sec. 202. Uniform allowances. Sec. 203. Differential for physical hardship or hazard. Sec. 204. Exception from limitation on premium pay. Sec. 205. Health care positions. Sec. 206. Travel and transportation expenses for candidates and new appointees. Sec. 207. Performance-based cash awards. Sec. 208. Recruitment, relocation, and retention payments. Sec. 209. Staffing differentials. Sec. 210. Premium pay amendments. Sec. 211. Supervisory differentials. TITLE III— MISCELLANEOUS PROVISIONS Sec. 301. Budget Act compliance. Sec. 302. Interim geographic adjustments. Sec. 303. Pay rates for current employees. Sec. 304. Senior Biomedical Research Service. Sec. 305. Effective date. Sec. 306. Additional rule of construction. TITLE IV— FEDERAL LAW ENFORCEMENT PAY REFORM Sec. 401. Short title. Sec. 402. Definition. Sec. 403. Special rates for law enforcement officers. Sec. 404. Special pay adjustments for law enforcement officers in selected cities. Sec. 405. Same benefits for other law enforcement officers. Sec. 406. FBI New York Field Division. Sec. 407. Relocation payments. Sec. 408. Incentive bonus for foreign language capabilities. Sec. 409. Age for mandatory retirement. Sec. 410. Overtime rates. Sec. 411. Other premium pay. Sec. 412. Reporting requirement. TITLE I— AMENDMENTS RELATING TO BASIC PAY SEC. 101. ANNUAL ADJUSTMENTS TO STATUTORY PAY RATES; LOCALITY-BASED COMPARABILITY PAYMENTS; OTHER MATTERS. (a) Generally.— (1) Subchapter I of chapter 53 of title 5, United States Code, is amended to read as follows: “SUBCHAPTER I— PAY COMPARABILITY SYSTEM “§ 5301. Policy “It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that— “(1) there be equal pay for substantially equal work within each local pay area; “(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions; “(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and “(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated. “§ 5302. Definitions “For the purpose of this subchapter— “(1) the term ‘statutory pay system’ means a pay system under— “(A) subchapter III, relating to the General Schedule; “(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or “(C) chapter 73 of title 38, relating to the Veterans Health Services and Research Administration; “(2) the term ‘ECI’ means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; “(3) the ‘base quarter’ for any year is the 3-month period ending on September 30 of such year; “(4) the term ‘pay agent’ means the agent designated by the President under section 5304(d)(1); “(5) the term ‘locality’ or ‘pay locality’ means any locality, as established or modified under section 5304; “(6) the term ‘pay disparity’, as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality; “(7) the term ‘comparability payment’ means a payment payable under section 5304; “(8) the term ‘rates of pay under the General Schedule’, ‘rates of pay for the General Schedule’, or ‘scheduled rates of basic pay’ means— “(A) the rates of basic pay set forth in the General Schedule; and “(B) in the case of an employee covered by the performance management and recognition system, the rates of basic pay under chapter 54; and “(9) the term ‘General Schedule position’ means any position to which subchapter III applies (including any position under the performance management and recognition system). “§ 5303. Annual adjustments to pay schedules “(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all). “(b) (1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall— “(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and “(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect. “(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures. “(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government’s ability to recruit and retain well-qualified employees. “(c) The rates of basic pay that take effect under this section— “(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and “(2) shall be printed in the Federal Register and the Code of Federal Regulations. “(d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335. “(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action. “(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. “(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate. “§ 5304. Locality-based comparability payments “(a) Pay disparities shall be identified and reduced as follows: “(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. “(2) (A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year. “(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. “(3) Subject to paragraphs (4) and (5), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparative payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that— “(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than ⅖ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than ½ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than ⅗ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than ⅘ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; “(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent; “(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality’s pay disparity completely. “(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable). “(c) (1) The amount of the comparability payment payable within any particular locality during a calendar year— “(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and “(B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee’s scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g). “(2) A comparability payment— “(A) shall be considered to be part of basic pay for purposes of retirement under chapter 83 or 84, as applicable, life insurance under chapter 87, and premium pay under subchapter V of chapter 55, and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe; and “(B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section. “(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303. “(4) (A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section. “(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(1)(A), be included within a pay locality. “(d) In order to carry out this section, the President shall— President. “(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that— “(A) compares the rates of pay under the General Schedule with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate annual surveys that shall be conducted by the Bureau of Labor Statistics; “(B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable); “(C) makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and “(D) includes the views and recommendations submitted under subsection (e); “(2) after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and “(3) transmit to Congress a report of the actions taken under Reports. paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C) which shall— “(A) identify each pay locality; “(B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent’s most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and “(C) indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year. “(e) (1) The President shall establish a Federal Salary Council of 9 President. members, of whom— “(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and “(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council. “(2) The pay agent shall— “(A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding— “(i) the establishment or modification of pay localities; “(ii) the coverage of the annual survey conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries, to be surveyed, and how pay localities are to be surveyed); “(iii) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and “(iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section; “(B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)-–iv); and “(C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council. “(f) (1) The pay agent may provide for such pay localities as the pay agent considers appropriate, except that— “(A) each General Schedule position (excluding any outside the continental United States, as defined in section 5701(6)) shall be included with a pay locality; and “(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers. “(2) (A) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (a)(2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section. “(B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A). “(g) (1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. “(2) For positions under subparagraphs (A)-(E) of subsection (h)(1), the applicable maximum under this subsection shall be level III of the Executive Schedule. “(h) (1) For the purpose of this subsection, the term ‘position’ means— “(A) a position to which section 5376 applies (relating to certain senior-level positions); “(B) a Senior Executive Service position under section 3132; “(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151; “(D) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105); “(E) a position to which section 5372a applies (relating to contract appeals board members); and “(F) a position within an Executive agency not covered under any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) less than the rate payable for level V of the Executive Schedule; but does not include— “(i) a position to which subchapter IV applies (relating to prevailing rate systems); or “(ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions). “(2) (A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments. “(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover— “(i) with respect to the positions under subparagraphs (A) through (E) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i) or (ii) of such paragraph); and “(ii) with respect to positions under paragraph (1)(F), such positions as may be considered appropriate (excluding any under clause (i) or (ii) of paragraph (1)). “(3) Comparability payments under this subsection— “(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality; “(B) shall be payable, within the locality involved, for the entirety of each calendar year for which authority is granted by the President; “(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and “(D) shall be subject to the applicable limitation under subsection (g). “(i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees. “§ 5304a. Authority to fix an alternative level of comparability payments “(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability payments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall— “(1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of payments which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and “(2) implement the alternative level of payments beginning on the same date as would otherwise apply, for the year involved, under section 5304. “(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section. “§ 5305. Special pay authority “(a) Whenever the President finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped, due to any of the circumstances described in subsection (b), he may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of basic pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum pay rate prescribed by statute for the grade or level by more than 30 percent, and no rate may be established under this section (disregarding any amount payable under subsection (g)) in excess of the rate of basic pay payable for level V of the Executive Schedule. The President may authorize the exercise of the authority conferred on him by this section by the Office of Personnel Management or, in the case of individuals not subject to the provisions of this title governing appointment in the competitive service, by such other agency as he may designate. “(b) The circumstances referred to in subsection (a) are— “(1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved; “(2) the remoteness of the area or location involved; “(3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or “(4) any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate. “(c) Authority under subsection (a) may be exercised with respect to positions paid under— “(1) a statutory pay system; or “(2) any other pay system established by or under Federal statute for civilian positions within the executive branch. “(d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the President or by such agency as he may designate. The actions and revisions have the force and effect of statute. “(e) An increase in a rate of basic pay established under this section is not an equivalent increase in pay within the meaning of section 5335. “(f) The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate. “(g) (1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of basic pay established under this section to such extent as the President (or his designated agency) considers appropriate, subject to paragraph (2) and subsection (h). “(2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule. “(h) The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability payments under section 5304 into account) if this section had never been enacted. “§ 5306. Pay fixed by administrative action “(a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31— “(1) the rates of pay of— “(A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Clerk of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter; “(B) employees under the Architect of the Capitol, whose rates of pay are fixed under section 166b-3 of title 40, and the Superintendent of Garages, House office buildings; and “(C) persons employed by the county committees established under section 590h(b) of title 16; and “(2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1); may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate— “(i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay; “(ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or “(iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303. “(b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate. “(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices. “(d) This section does not impair any authority under which rates of pay may be fixed by administrative action. “(e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule. “§ 5307. Limitation on certain payments “(a) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom chapter 51 applies), such payment would cause to the total to exceed the annual rate of basic pay payable for level I of the Executive Schedule, as of the end of such calendar year. “(b) (1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year. “(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying the limitations under subsection (a) with respect to such calendar year. “(3) Paragraph (1) shall not apply to an amount if, or to the extent that, it is attributable to a payment the authority for which would derive from section 4505a(d), 5753(e), or 5754(e). “(c) The Office of Personnel Management shall prescribe such Regulations. regulations as may be necessary to carry out this section, including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the matter relating to subchapter I and inserting the following new matter: “SUBCHAPTER I— PAY COMPARABILITY SYSTEM “Sec. “5301. Policy. “5302. Definitions. “5303. Annual adjustments to pay schedules. “5304. Locality-based comparability payments. “5304a. Authority to fix an alternative level of comparability payments. “5305. Special pay authority. “5306. Pay fixed by administrative action. “5307. Limitation on certain payments.”. (b) Technical and Conforming Amendments.— (1) Section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963) is amended by striking “subchapter I of chapter 53” and inserting “section 5303”. (2) (A) Section 256(g)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(2)(A)) is amended by striking “5301(c)” and inserting “5302(1)”. (B) Section 732(b)(6) of title 31, United States Code, is amended by striking “5301(a)” and inserting “5301”. (3) (A) Section 3326(b)(2) of title 5, United States Code, is amended by striking “5303” and inserting “5305”. (B) Section 5363(a)(2) of title 5, United States Code, is amended by striking “5303 of this title;” and inserting “5305 of this title (or corresponding prior provision of this title);”. (C) Section 5405(f) of title 5, United States Code, is amended— (i) by striking “5303 of this title,” and inserting “5305 of this title (or corresponding prior provision of this title),”; and (ii) by striking “such section 5303.” and inserting “such section 5305 (or corresponding prior provision).”. (D) Section 325(b)(2) of title 31, United States Code, is amended by striking “(except section 5303),” and inserting “(except section 5305, or corresponding prior provision of such title),”. (E) Sections 5542(a), 5543, and 5545(c)(1) of title 5, United States Code, are amended by inserting after “GS–10” each place it occurs the following: “(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)”. (4) (A) Section 5318 of title 5, United States Code, is amended by striking “5305” and inserting “5303”. (B) Section 5382(c) of title 5, United States Code, is amended— (i) in the first sentence, by striking “5305” and inserting “5303”; and (ii) by striking the second sentence. (C) Section 5403(a) of title 5, United States Code, is amended by striking “5305” and inserting “5303”. (D) Section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended by striking “5305” and inserting “5303”. (E) Section 4 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–1) is amended by striking “5305” each place it appears and inserting “5303”. (F) Section 5 of the Federal Pay Comparability Act of 1970 (2 U.S.C. 60a–2) is amended— (i) in subsection (a) (in the matter before paragraph (1)), by striking “(a)” through “then” and inserting “(a) Whenever an adjustment under section 5303 becomes effective with respect to rates of pay under the General Schedule,”; (ii) in subsection (a)(1)(A), by striking “pay adjustment by the President);” and inserting “adjustment);”; and (iii) in subsection (a)(1) (in the matter after subparagraph (B)), by striking “pay adjustment made by the President;” and inserting “adjustment under such section 5303;”. (G) The provisions of House Resolution 1495, Ninety-fourth Congress (as enacted into law by section 115 of the Legislative Branch Appropriations Act, 1978 (2 U.S.C. 84a–1)) is amended by striking “5305” each place it appears and inserting “5303”. (H) Section 256(g)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(1)) is amended— (i) by inserting “(as increased by any amount payable under section 5304 of title 5, United States Code, or section 302 of the Federal Employees Pay Comparability Act of 1990)” after “any such statutory pay system”; and (ii) by striking “5305” and inserting “5303”. (I) Section 104 of title 3, United States Code, is amended by striking “5305” and inserting “5303”. (J) Section 461(a) of title 28, United States Code, is amended by striking “5305” and inserting “5303”. (K) Section 338A(g)(3) of the Public Health Service Act (42 U.S.C. 2541(g)(3)) is amended by striking “(as set forth in the report transmitted to the Congress under section 5305 of title 5, United States Code)” and inserting “(under section 5303 of title 5, United States Code)”. (5) The second proviso under the head “Senate Office Buildings” contained in the Legislative Branch Appropriation Act, 1972, as amended by Public Law 94–59 (40 U.S.C. 174j–8) is amended by striking “5307” and inserting “5306”. (6) (A) Section 5382(b) of title 5, United States Code, is amended by striking “5308” and inserting “5306(e)”. (B) Section 8431 of title 5, United States Code, is amended by striking “5308” and inserting “5303(e), 5304(g),”. (C) Section 9314 of title 10, United States Code, is amended by striking “5308” and inserting “5306(e)”. (7) Section 5383(b)(1) of title 5, United States Code, is amended by striking “5304(j),” after “4507,”. (8) (A) Section 207 of title 18, United States Code, as amended by section 101 of Public Law 101–194 (103 Stat. 1716) and section 2 of Public Law 101–280 (104 Stat. 149) is amended— (i) in subsection (c)(2) by striking subparagraph (A)(ii) and inserting the following: “(ii) employed in a position which is not referred to in clause (i) and for which the basic rate of pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the rate of basic pay payable for level V of the Executive Schedule;”; and (ii) in subsection (e) by striking paragraph (6) and inserting the following: “(6) Limitation on restrictions.— (A) The restrictions contained in paragraphs (2), (3), and (4) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s service as such employee terminated, was paid a rate of basic pay equal to or greater than an amount which is 75 percent of the basic rate of pay payable for a Member of the House of Congress in which such employee was employed. “(B) The restrictions contained in paragraph (5) apply only to acts by a former employee who, for at least 60 days, in the aggregate, during the 1-year period before that former employee’s service as such employee terminated, was employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President), is equal to or greater than the basic rate of pay payable for level V of the Executive Schedule.”. (B) The amendments made by subparagraph (A) take effect Effective date. 18 USC 207 note. on January 1, 1991. (9) (A) Section 3132(a)(2) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18 of the General Schedule” and inserting “classified above GS–15 pursuant to section 5108”. (B) Section 3304a(a) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18)” and inserting “in a position classified above GS–15 pursuant to section 5108)”. (C) (i) Section 3324(a) of title 5, United States Code, is amended by striking “in GS–16, 17, or 18” and inserting “classified above GS–15 pursuant to section 5108”. (ii) The heading for such section 3324 is amended by striking “at GS–16, 17, or 18” and inserting “to positions classified above GA-15”. (iii) The table of sections for chapter 33 of title 5, United States Code, is amended by striking the item relating to section 3324 and inserting the following: “3324. Appointments to positions classified above GS–15.”. (D) Section 3405(b) of title 5, United States Code, is amended by striking “fixed for GS–16 of the General Schedule.” and inserting “payable under section 5376.”. (E) Section 3594(c)(1)(A) of title 5, United States Code, is amended by striking “at GS–15 or above of the General Schedule” and inserting “at GS–15 of the General Schedule or classified above GS- 15 pursuant to section 5108,”. (F) Section 5102(c)(25) of title 5, United States Code, is amended by striking “maximum rate for GS–18;” and inserting “rate for level V of the Executive Schedule;”. (G) Section 5109(b) of title 5, United States Code, is amended by striking “is classified at GS–18” through the period and inserting “shall be considered a position classified above GS–15 pursuant to section 5108.”. (H) Section 5373 of title 5, United States Code, is amended by striking “maximum rate for GS–18.” and inserting “rate for level IV of the Executive Schedule.”. (I) The first sentence of section 5382(b) of title 5, United States Code, is amended by striking “for GS–16 of the General Schedule” and inserting “under section 5376”. (J) Section 5595(a)(2)(i) of title 5, United States Code, is amended— (i) by striking “employee, other” and inserting “employee (other”; (ii) by inserting “or an employee whose pay is fixed under section 5376)” before “whose rate”; and (iii) by striking “GS–18;” and inserting “the Executive Schedule;”. (K) Section 8476(d)(1) of title 5, United States Code, is amended by striking “grade GS–18 of the General Schedule” and inserting “level IV of the Executive Schedule”. (10) Section 3(b) of Public Law 92–298 and section 14(b) of Public Law 92–392 shall be treated as if (as of their respective dates of enactment) the phrase “to read as follows:” contained in each, had instead read “by striking the matter before subparagraph (A) and inserting the following:”. (c) Other References.— Until otherwise provided by law— (1) any reference in a provision of law (which is outside title 5, United States Code, and in effect immediately before this section takes effect, excluding any reference in a provision of law amended by this Act)— (A) (i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a)); (ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and (iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section 102(b)(2)); and (B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302; and (2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with chapter 51 and subchapter III of chapter 53 of such title— (A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but (B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable. (d) Regulations.— The Office of Personnel Management may prescribe regulations, consistent with subsection (c)(1)(B) and section 303, governing the conversion or adjustment of rates of pay, where necessary because of the abolishment of grades GS–16, 17, and 18 of the General Schedule. (e) Sense of Congress.— It is the sense of the Congress that the total funds dedicated to adjustments under sections 5303 and 5304 for any year be no less than the total funds that would have been dedicated to adjustments under such section 5303 for such year had the full change in the ECI been applied to pay rates for such year. SEC. 102. PAY FOR POSITIONS ABOVE GS-15 AND CERTAIN OTHER POSITIONS. (a) In General.— (1) Subchapter VII of chapter 53 of title 5, United States Code, is amended by adding after section 5375 the following new section: “§ 5376. Pay for certain senior-level positions “(a) This section applies to— “(1) positions that are classified above GS-15 pursuant to section 5108; and “(2) scientific or professional positions established under section 3104; but does not apply to— “(A) any Senior Executive Service position under section 3132; or “(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151. “(b) (1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be— “(A) not less than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and “(B) not greater than the rate of basic pay payable for level IV of the Executive Schedule. The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373. “(2) Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding after the item relating to section 5375 the following new item: “5376. Pay for certain senior-level positions.”. (b) Amendments to Chapter 51 of Title 5, United States Code.— (1) Section 5104 of title 5, United States Code, is amended— (A) in the second sentence, by striking “18”; and (B) by striking paragraphs (16) through (18). (2) Section 5108 of title 5, United States Code, is amended to read as follows: “§ 5108. Classification of positions above GS–15 “(a) The Office of Personnel Management may, for any Executive agency— “(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS-15; and “(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS-15; “(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.”. (c) Exclusion From Subchapter III of Chapter 53.— Section 5331(b) of title 5, United States Code, is amended to read as follows: “(b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.”. SEC. 103. PAY FOR CRITICAL POSITIONS. (a) In General.— Subchapter VII of chapter 53 of title 5, United States Code, is amended by section 102, is further amended by adding at the end the following new section: “§ 5377. Pay authority for critical positions “(a) For the purpose of this section— “(1) the term ‘agency’ has the meaning given it by section 5102; and “(2) the term ‘position’ means— “(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; “(B) a position under the Executive Schedule under sections 5312–5317; “(C) a position to which section 5372 applies (or would apply, but for this section); and “(D) a position to which section 5372a applies (or would apply, but for this section). “(b) Authority under this section— “(1) may be granted or exercised only with respect to a position— “(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and “(B) which is critical to the agency’s successful accomplishment of an important mission; and “(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. “(c) The Office of Management and Budget, in consultation with the Office of Personnel Management, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. “(d) (1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted. “(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President. “(e) The authority to fix the rate of basic pay under this section for a position shall terminate— “(1) whenever the Office of Management and Budget determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or “(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year. “(f) The Office of Management and Budget may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II. “(g) The Office of Management and Budget shall consult with the Office of Personnel Management before prescribing regulations under this section or making any decision to grant or terminate any authority under this section. “(h) The Office of Management and Budget shall report to the Reports. Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include— “(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and “(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, as amended by section 102, is further amended by adding at the end the following new item: “5377. Pay authority for critical positions.”. SEC. 104. ADMINISTRATIVE LAW JUDGES AND CONTRACT APPEALS BOARD MEMBERS. (a) Pay Provisions.— (1) Section 5372 of title 5, United States Code, is amended to read as follows: “§ 5372. Administrative law judges “(a) For the purposes of this section, the term ‘administrative law judge’ means an administrative law judge appointed under section 3105. “(b) (1) There shall be 3 levels of basic pay for administrative law judges (designated as AL-1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section. The rates of basic pay for those levels shall be as follows: “AL–3, rate A 65 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate B 70 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate C 75 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate D 80 percent of the rate of baste pay for level IV of the Executive Schedule. “AL–3, rate E 85 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–3, rate F 90 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–2 95 percent of the rate of basic pay for level IV of the Executive Schedule. “AL–1 The rate of basic pay for level IV of the Executive Schedule. “(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level. “(3) (A) Upon appointment to a position in AL-3, an administrative law judge shall be paid at rate A of AL-3, and shall be advanced successively to rates B, C, and D of that level upon completion of 52 weeks of service in the next lower rate, and to rates E and F of that level upon completion of 104 weeks of service in the next lower rate. “(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL-3 at an advanced rate under such circumstances as the Office may determine appropriate. “(c) The Office of Personnel Management shall, prescribe regulations necessary to administer this section.”. (2) Subchapter VII of chapter 53 of title 5, United States Code, is amended by inserting before section 5373 the following new section: “§ 5372a. Contract appeals board members “(a) For the purpose of this section— “(1) the term ‘contract appeals board member’ means a member of an agency board of contract appeals appointed under section 8 of the Contract Disputes Act of 1978; and “(2) the term ‘appeals board’ means an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978. “(b) Rates of basic pay for contract appeals board members shall be as follows: “(1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule. “(2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1). “(3) Other members of an appeals board—94 percent of the rate under paragraph (1). “(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by inserting before the item relating to section 5373 the following new item: “5372a. Contract appeals board members.”. (c) Amendments to 5 U.S.C. 5311.— Section 5311 of title 5, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), by striking “(a)”. (d) Technical and Conforming Amendments.— (1) Section 5102(c) of title 5, United States Code, is amended— (A) in paragraph (27), by striking “or”; (B) in paragraph (28), by striking the period and inserting a semicolon; and (C) by adding at the end the following new items: “(29) administrative law judges appointed under section 3105; or “(30) members of agency boards of contract appeals appointed under section 8 of the Contract Disputes Act of 1978.”. (2) Section 5335(a)(B) of title 5, United States Code, is amended by striking “, except an administrative law judge appointed under section 3105 of this title,”. (3) Section 428(b) of the Black Lung Benefits Act (30 U.S.C. 938(b)) is amended by striking the sentence beginning “Each administrative law judge presiding” and inserting “Each administrative law judge presiding under this section and under the provisions of titles I, II and III of this Act shall receive compensation at a rate determined under section 5372 of title 5, United States Code.”. (4) Section 8(b) of the Contract Disputes Act of 1978 is amended— 41 USC 607. (A) in paragraph (1), by striking the last 2 sentences thereof and inserting the following: “Compensation for the chairman, the vice chairman, and all other members of an agency board shall be determined under section 5372a of title 5, United States Code.”; and (B) in paragraph (2), by striking the last 2 sentences thereof and inserting the following: “The chairman and all other members of such board shall receive compensation, at the daily equivalent of the rates determined under section 5372a of title 5, United States Code, for each day they are engaged in the actual performance of their duties as members of the board.”. (e) Conversion Rule for ALJs.— In making initial pay adjustments 5 USC 5372 note. for administrative law judges after this section and the amendments made by this section take effect, the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate which was payable to that individual immediately before such conversion. SEC. 105. SPECIAL OCCUPATIONAL PAY SYSTEMS. (a) In General.— (1) Chapter 53 of title 5, United States Code, is amended by inserting after subchapter VIII the following new subchapter: “SUBCHAPTER IX— SPECIAL OCCUPATIONAL PAY SYSTEMS “5391. Definitions. “5392. Establishment of special occupational pay systems. “§ 5391. Definitions “For the purposes of this subchapter, ‘agency’, ‘employee’, and ‘position’ have the meanings given them by section 5102. “§ 5392. Establishment of special occupational pay systems “(a) Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section). “(b) Subject to subsection (a), the President’s pay agent (as referred to in section 5304(d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under chapter 51 or subject to subchapter III. “(c) In establishing special occupational pay systems, the pay agent shall— “(1) identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately; “(2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations; “(3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties; “(4) publish a proposed plan for determining the pay of such employees in the Federal Register; “(5) conduct one or more public hearings; “(6) provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and “(7) not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system. “(d) A special occupational pay system may not— “(1) provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or “(2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule. “(e) Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate.”. (2) The table of sections for chapter 53 of title 5, United States Code, is amended by adding at the end the following new matter: “SUBCHAPTER IX— SPECIAL OCCUPATIONAL PAY SYSTEMS “Sec. “5391. Definitions. “5392. Establishment of special occupational pay systems.”. (b) Pay Retention.— (1) Section 5361(5) of title 5, United States Code, is amended by inserting “a special occupational pay system under subchapter IX,” before “or”. (2) Section 5363(a) of title 5, United States Code, is amended— (A) in paragraph (2), by striking “or” after the semicolon; (B) in paragraph (3), by inserting “or” after the semicolon; and (C) by inserting after paragraph (3) the following new paragraph: “(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of chapter 53;”. SEC. 106. ELIMINATION OF GS-11 THRESHOLD FOR NEW APPOINTEES TO BE PAID ABOVE MINIMUM RATES. Section 5333(a) of title 5, United States Code, is amended by striking “in GS-11 or above”. SEC. 107. ADVANCES OF PAY. (a) In General.— Subchapter III of chapter 55 of title 5, United States Code, is amended by inserting after section 5524 the following new section: “§ 5524a. Advance payments for new appointees “(a) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. “(b) (1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed. “(2) The head of each agency shall provide for— “(A) the review of the account of each employee of the agency in receipt of any payment under this section; and “(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee’s appointment during each period in the position to which appointed. “(c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee’s estate by— “(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and “(2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.”. (b) Table of Sections.— The table of sections for chapter 55 of title 5, United States Code, is amended by inserting after the item relating to section 5524 the following new item: “5524a. Advance payments for new appointees.”. SEC. 108. REEMPLOYMENT OF RETIREES. (a) Amendment to 5 U.S.C. 5532.— Section 5532 of title 5, United States Code, is amended by adding at the end the following new subsection: “(g) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B).”. (b) Amendment to 5 U.S.C. 8344.— Section 8344 of title 5, United States Code, is amended by adding at the end the following new subsection; “(i) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of this chapter or chapter 84 while such waiver is in effect (c) Amendment to 5 U.S.C. 8468.— Section 8468 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(f) (1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency— “(A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or “(B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. “(2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). “(3) An employee to whom a waiver under subparagraph (A) or (B) of paragraph (1) applies shall not be deemed an employee for the purposes of chapter 83 or this chapter while such waiver is in effect”. SEC. 109. NEW PAY STRUCTURE FOR THE POLICE FORCES OF THE BUREAU OF ENGRAVING AND PRINTING AND THE UNITED STATES MINT. (a) Amendments.— (1) (A) Subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new section: “§ 5378. Police forces of the Bureau of Engraving and Printing and the United States Mint “(a) The Secretary of the Treasury shall fix the rates of basic pay for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint in accordance with the following: “(1) Entry-level police officer—not more than the maximum rate payable for GS-6. “(2) Journeyman-level police officer—not more than the maxi-mum rate payable for GS-7. “(3) Corporal—not more than the maximum rate payable for GS-8. “(4) Sergeant—not more than the maximum rate payable for GS-9. “(5) Lieutenant—not more than the maximum rate payable for GS-10. “(6) Deputy Inspector—not more than the maximum rate payable for GS-11. “(7) Inspector—not more than the maximum rate payable for GS-12. “(b) For the purpose of this section, the term ‘police forces of the Bureau of Engraving and Printing and the United States Mint’ means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.”. (B) The table of sections for subchapter VII of chapter 53 of title 5, United States Code, as amended by sections 102 and 103, is further amended by adding at the end the following new item: “5378. Police forces of the Bureau of Engraving and Printing and the United States Mint”. (2) Section 5102(c)(5) of title 5, United States Code, is amended— (A) by striking “and members” and inserting “members”; and (B) by adding “and members of the police forces of the Bureau of Engraving and Printing and the United States Mint whose pay is fixed under section 5378 of this title;” after the last semicolon. (b) Special Pay Rates Not Affected.— Nothing in this section or 5 USC 5378 note. in any amendment made by this section shall— (1) affect any special pay rate under section 5305 of title 5, United States Code, established before this section takes effect; or (2) impair any authority to fix or adjust special pay rates under such section 5305 (or a succeeding provision of law) for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint. (c) Effective Date; Conversion and Savings Provisions.— (1) This section and the amendments made by this section shall become effective on the first day of the first applicable pay period beginning on or after the 30th day following the date of enactment of this Act. (2) (A) A special pay rate (as defined in subparagraph (B)) shall apply to an individual holding a position if— (i) as a result of the initial exercise of authority with respect to such position under the amendment made by subsection (a)(1)(A), such individual would (but for this paragraph) be paid— (I) at the step of the grade for which such special pay rate is then in effect; or (II) at a level which is between steps for which special pay rates are then in effect; and (ii) such position is within the area or location with respect to which that special pay rate or those special pay rates, as applicable, are then in effect. Regulations. The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall apply in a situation described in clause (i)(II). (B) For the purpose of this paragraph, the term “special pay rate” means a rate which— (i) is established under section 5303 of title 5, United States Code (or a succeeding provision of law); (ii) is applicable to positions within the police forces of the Bureau of Engraving and Printing and the United States Mint; and (iii) has been in effect (including any adjustments under section 5303(d) of such title) since on or before the effective date of this section. (3) No rate of basic pay in effect immediately before this section takes effect shall be reduced by reason of the enactment of this section. SEC. 110. COMPENSATION OF STANDING TRUSTEES APPOINTED UNDER TITLES 11 AND 28, UNITED STATES CODE. (a) Compensation.— Section 586(e)(1)(A) of title 28, United States Code, is amended to read as follows: “(A) a maximum annual compensation for such individual consisting of— “(i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and “(ii) the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and”. (b) Application to All Standing Trustees.— The amendment made by subsection (a) shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (Public Law 99–54; 100 Stat. 3121) apply. SEC. 111. PAY-FOR-PERFORMANCE LABOR-MANAGEMENT COMMITTEE. (a) Policy.— It is the policy of Congress that— (1) the Federal Government should institute systems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened; (2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Pay-for-Performance Labor-Management Committee; (3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federal Government; and (4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993. (b) Establishment.— The Office of Personnel Management shall establish a Pay-for-Performance Labor-Management Committee to advise the Office on the design and establishment of systems for strengthening the linkage between the performance of General Schedule employees and their pay. (c) Membership.— The members of the Committee shall be— (1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee’s education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively; (2) an employee of the Office of Personnel Management, designated by the Director of such Office; (3) an employee of the Department of Defense, designated by the Secretary of Defense; (4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and (5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations. (d) Pay for Members.— The Chairman shall be paid at a rate of basic pay for the Senior Executive Service, to be determined by the Director of the Office of Personnel Management. The members of the Committee who are otherwise employees of the Federal Government shall not receive any additional pay by reason of their service on the Committee. The members of the Committee who are not otherwise employees of the Federal Government shall not be paid for their service on the Committee and shall not be considered employees of the Federal Government for any purpose by reason of their service on the Committee. (e) Administrative Support.— The Office of Personnel Management may provide staff and administrative support for the Committee. (f) Functions.— The Committee shall review available reports and studies on performance evaluation and performance-based pay systems (including a report to be prepared by the National Academy of Sciences) and any other pertinent information. (g) Report to the Office of Personnel Management.— No later than 1 year after the date of enactment of this Act, the Committee shall submit a report to the Director of the Office of Personnel Management, which shall include recommendations as to— (1) the types of pay raises to be covered; (2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range; (3) the role organization performance should play in pay-for-performance systems; (4) any differences in pay-for-performance systems for different categories of employees; (5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and (6) whether demonstration projects on pay-for-performance are desirable. SEC. 112. POSITION TITLES IN CERTAIN DEPARTMENTS. (a) Change in Position Title.— (1) The position of Under Secretary of Health and Human Services, established by section 2 of Reorganization Plan No. 1 of 1953 (67 Stat. 631), is retitled the Deputy Secretary of Health and Human Services. (2) The Act of May 9, 1935 (49 Stat. 177, 43 U.S.C. 1452) is amended by striking “Under Secretary” and inserting “Deputy Secretary”. (3) The Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended— (A) in section 104(3) (20 U.S.C. 3404(3)), by striking “Under Secretary” both places it appears and inserting “Deputy Secretary”; and (B) in section 202(a) (20 U.S.C. 3412(a))— (i) in the first sentence, by striking “an Under Secretary” and inserting “a Deputy Secretary”; and (ii) in subsequent sentences, by striking “Under Secretary” each place it appears and inserting “Deputy Secretary”. (4) The first sentence of section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)) is amended by striking “an Under Secretary” and inserting “a Deputy Secretary”. (b) Compensation of Deputy Secretaries.— Section 5313 of title 5, United States Code, is amended by adding at the end the following: “Deputy Secretary of Health and Human Services. “Deputy Secretary of the Interior. “Deputy Secretary of Education. “Deputy Secretary of Housing and Urban Development.”. (c) Construction of References.— Any reference in any statute, reorganization plan, regulation, executive order, or any document issued pursuant thereto in force on the date this section takes effect to the Under Secretary of Health and Human Services, the Under Secretary of the Interior, the Under Secretary of Education, or the Under Secretary of Housing and Urban Development shall be deemed to be a reference to the Deputy Secretary of Health and Human Services, the Deputy Secretary of the Interior, the Deputy Secretary of Education, or the Deputy Secretary of Housing and Urban Development, respectively. (d) Conforming Amendments.— Section 5314 of title 5, United States Code, is amended by striking the following: “Under Secretary of Health and Human Services. “Under Secretary of the Interior. “Under Secretary of Education. “Under Secretary of Housing and Urban Development.”. (e) Effective Date; Continued Service by Incumbents.— (1) This 20 USC 3404 note. section shall take effect on the first day of the first pay period that begins on or after the date of enactment of this Act. (2) (A) The incumbent in the position of Under Secretary of Health and Human Services on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Health and Human Services at the pleasure of the President after such day. (B) The incumbent in the position of Under Secretary of the Interior on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of the Interior at the pleasure of the President after such day. (C) The incumbent in the position of Under Secretary of Education on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Education at the pleasure of the President after such day. (D) The incumbent in the position of Under Secretary of Housing and Urban Development on the day immediately preceding the date this section takes effect may serve as Deputy Secretary of Housing and Urban Development at the pleasure of the President after such day. SEC. 113. DIRECTOR OF THE CENSUS BUREAU. Title 5, United States Code, is amended— (1) in section 5316, by striking the item relating to the Director, Bureau of the Census, Department of Commerce; and (2) in section 5315, by adding at the end the following: “Director, Bureau of the Census, Department of Commerce.”. TITLE II— AMENDMENTS RELATING TO AWARDS, ALLOWANCES, DIFFERENTIALS, AND OTHER RELATED MATTERS SEC. 201. TIME OFF FROM DUTY AS AN INCENTIVE AWARD. Section 4502 of title 5, United States Code, is amended by adding at the end the following new subsection: “(e) (1) Notwithstanding section 4501(2), for the purpose of this subsection, ‘employee’ includes an employee covered by the performance management and recognition system established under chapter 54. “(2) The Office of Personnel Management may by regulation permit agencies to grant employees time off from duty, without loss of pay or charge to leave, as an award in recognition of superior accomplishment or other personal effort that contributes to the quality, efficiency, or economy of Government operations.”. SEC. 202. UNIFORM ALLOWANCES. (a) Amendments to Section 5901 of Title 5, United States Code.— Section 5901(a) of title 5, United States Code, is amended— (1) in the first sentence, by striking “an amount’ through the period and inserting “such sums as may be necessary to carry out this subchapter.”; and (2) by striking “$125 a year” each place it appears and inserting “$400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).”. (b) Amendments to Sections 5902 and 5903 of Title 5, United States Code.— Title 5, United States Code, is amended by striking sections 5902 and 5903 and inserting the following: “§ 5902. Increase in maximum uniform allowance “The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901. “§ 5903. Regulations “The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.”. SEC. 203. DIFFERENTIAL FOR PHYSICAL HARDSHIP OR HAZARD. Section 5545(D) of title 5, United States Code, is amended— (1) in the first sentence, by striking “irregular or intermittent”; and (2) in paragraph (1), by striking “thereof;” and inserting “thereof, except in such circumstances as the Office may by regulation prescribe;”. SEC. 204. EXCEPTION FROM LIMITATION ON PREMIUM PAY. Section 5547 of title 5, United States Code, is amended— (1) in subsection (a), by inserting after “GS-15” the following: “(including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law)”; and (2) by amending subsection (b) to read as follows: “(b) (1) Subject to regulations prescribed by the Office of Personnel Management, the first sentence of subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency which involves a direct threat to life or property, including a forest wildfire emergency. “(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of such employee’s basic pay and premium pay under these provisions would, in any calendar year, exceed the maximum rate payable for GS-15 in effect at the end of such calendar year.”. SEC. 205. HEALTH CARE POSITIONS. (A) In General.— Section 5371 of title 5, United States Code, is amended to read as follows: “§ 5371. Health care positions “(a) For the purposes of this section, ‘health care’ means direct patient-care services or services incident to direct patient-care services. “(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of chapter 73 of title 38 shall apply— “(1) in lieu of any provision of chapter 51 or 61, or any other provision of this chapter; or “(2) notwithstanding any lack of specific authority for a matter with respect to which chapter 51 or 61, or this chapter, relates. “(c) Authority under subsection (b) may be exercised with respect to any employee holding a position— (1) to which chapter 51 applies, excluding any Senior Executive Service position and any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and (2) which involves health care responsibilities.”. (b) Table of Sections.— The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5371 and inserting the following: “5371. Health care positions.”. SEC. 206. TRAVEL AND TRANSPORTATION EXPENSES FOR CANDIDATES AND NEW APPOINTEES. (a) Interview Expenses.— (1) Chapter 57 of title 5, United States Code, is amended by inserting after section 5706a the following new section: “§ 5706b. Interview expenses “An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from preemployment interviews determined necessary by the agency.”. (2) The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5706a the following new item: “5706b. Interview expenses.”. (b) Other Expenses.— Section 5723(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A), by striking “a position” through “shortage,” and inserting “any position,”; and (2) in subparagraph (C), by striking “the minimum rate of pay prescribed for GS-16; and” and inserting “the minimum rate of pay payable for a position classified above GS-15 pursuant to section 5108; and”. SEC. 207. PERFORMANCE-BASED CASH AWARDS. (a) In General.— Chapter 45 of title 5, United States Code, is amended by inserting after section 4505 the following new section: “§ 4505a. Performance-based cash awards “(a) (1) An employee whose most recent performance rating was at the fully successful level or higher (or the equivalent thereof) may be paid a cash award under this section. “(2) (A) A cash award under this section shall be equal to an amount determined appropriate by the head of the agency, but may not be more than 10 percent of the employee’s annual rate of basic pay. Notwithstanding the preceding sentence, the agency head may authorize a cash award equal to an amount exceeding 10 percent of the employee’s annual rate of basic pay if the agency head determines that exceptional performance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee’s annual rate of basic pay. “(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304. “(b) (1) A cash award under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. “(2) The failure to pay a cash award under this section, or the amount of such an award, may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(c) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b). “(d) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (c) to prescribe any necessary regulations).”. (b) Table of Sections.— The table of sections for chapter 45 of title 5, United States Code, is amended by inserting after the item relating to section 4505 the following new item: “4505a. Performance-based cash awards.”. SEC. 208. RECRUITMENT. RELOCATION. AND RETENTION PAYMENTS. (a) In General.— Subchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following new sections: “§ 5753. Recruitment and relocation bonuses “(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position. “(b) (1) (A) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated. “(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304. “(2) Payment of a bonus under this section shall be contingent Government contracts. upon the employee entering into an agreement with the agency to complete a period of employment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis. “(3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. “(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘a position under the General Schedule’ or ‘an employee under the General Schedule’ shall be considered to be a reference to any position or employee to which subchapter III of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of subsections (a) through (c). “(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations). “§ 5754. Retention allowances “(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if— “(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee’s services makes it essential to retain the employee; and “(2) the agency determines that the employee would be likely to leave in the absence of a retention allowance. “(b) (1) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay. “(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(3) A retention allowance shall be paid at the same time and in the same manner as the employee’s basic pay is paid. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘an employee under the General Schedule’ shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of subsections (a) through (c). “(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).”. (b) Table of Sections.— The table of sections for chapter 57 of title 5, United States Code, is amended by adding after the item relating to section 5752 the following new items: “5753. Recruitment and relocation bonuses. “5754. Retention allowances. SEC. 209. STAFFING DIFFERENTIALS. (a) In General.— Effective on the first day of the first applicable pay period beginning on or after January 1, 1991, the President may establish staffing differentials equal to 5 percent of basic pay, which may be paid to each General Schedule employee whose position is in— (1) grade GS-5 or 7 of the General Schedule; or (2) a 2-grade-interval occupational series, as determined by the Office of Personnel Management. (b) Manner of Payment; Reduction or Elimination.— A staffing differential under this section— (1) shall be paid in the same manner and at the same time as the employee’s basic pay is paid, but may not be considered to be part of basic pay for any purpose; and (2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect, except that no such reduction or elimination shall have the effect of reducing the total amount of pay (determined by adding basic pay and staffing differential) which any employee is receiving. SEC. 210. PREMIUM PAY AMENDMENTS. Subchapter V of chapter 55 of title 5, United States Code, is amended— (1) in section 5542, by adding at the end the following new subsection: “(c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”; (2) in section 5543(a)(1), by inserting after “payment” the following: “under section 5542 or section 7 of the Fair Labor Standards Act of 1938”; and (3) in section 5544, by adding at the end of subsection (a) “This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”. SEC. 211. SUPERVISORY DIFFERENTIALS. (a) In General.— Subchapter IV of chapter 57 of title 5, United States Code, as amended by section 208, is further amended by adding at the end the following: “§ 5755. Supervisory differentials “(a) (1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee. “(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office. “(b) (1) A supervisory differential, which shall be stated as a percentage of the supervisory employee’s rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee’s pay to exceed the pay of the highest paid subordinate employee by more than 3 percent. “(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). “(3) A supervisory differential shall be paid in the same manner and at the same time as the employee’s basic pay is paid. “(c) For the purpose of this section— “(1) the terms ‘agency’ and ‘employee’ have the meanings given them by section 5102; and “(2) any reference to ‘an employee under the General Schedule’ shall be considered to be a reference to any employee holding a position to which subchapter HI of chapter 53 applies. “(d) The Office shall prescribe such regulations as it considers Regulations. necessary for the administration of this section.”. (b) Technical and Conforming Amendments.— (1) Section 5333 of title 5, United States Code, is amended— (A) in the section heading, by striking “; higher rates for supervisors of prevailing rate employees”; (B) in subsection (a), by striking “(a)”; and (C) by striking subsection (b). (2) The table of sections for chapter 53 of title 5, United States Code, is amended by striking the item relating to section 5333 and inserting the following: “5333. Minimum rate for new appointments.”. TITLE III— MISCELLANEOUS PROVISIONS SEC. 301. BUDGET ACT COMPLIANCE. For purposes of the Congressional Budget Act of 1974, any authority to make payments under this Act or any amendment made by this Act shall be effective only to the extent provided for in advance in appropriation Acts. SEC. 302. INTERIM GEOGRAPHIC ADJUSTMENTS. (A) Definitions.— For the purpose of this section— (1) the term “area” means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and (2) the term “pay relative” shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics. (b) Authority.— (1) The President may establish geographic adjustments of up to 8 percent of basic pay which may be paid to each General Schedule employee (including an employee covered by the performance management and recognition system) whose duty station is within any area where such adjustment is needed (as determined under paragraph (2)). (2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems. (c) Administration.— (1) An adjustment under this section shall be administered, to the extent practicable, in the same manner as locality-based comparability payments under subchapter I of chapter 53 of title 5, United States Code (as amended by this Act), including in terms of— (A) the basic pay to which a percentage is applied in computing an amount payable under this section; (B) the purposes for which any amount under this section is to be considered part of basic pay; (C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and (D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered. (2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of, section 5304 of title 5, United States Code (as so amended). (c) Commencement and Termination Rules.— (1) The effective date of an adjustment under this section shall be as determined by the President, but not later than January 1, 1994. (2) (A) The size of any payments under this section may be reduced or terminated after the amendments made by section 101 of this Act take effect, except that the reduction or termination of a payment under this section may not have the effect of reducing, for the individual involved, the total rate at which additional forms of basic pay (as defined in subparagraph (B)) are payable to such individual. (B) The total rate to which subparagraph (A) applies is the sum of— (i) the rate at which comparability payments (under section 5304 of title 5, United States Code, as amended by such Act) are payable; and (ii) the rate at which payments under this section are payable. (d) Employees Receiving Special Pay Rates.— The President (or President. his designated agent) shall determine what, if any, geographic adjustment shall be payable under this section in the case of an employee whose rate of pay is fixed under section 5303 of title 5, United States Code, as in effect before the date of enactment of this Act. (e) Effective Date.— This section shall take effect on the date of enactment of this Act. SEC. 303. PAY RATES FOR CURRENT EMPLOYEES. Nothing in this Act or in any amendment made by this Act shall have the effect of diminishing the rate of basic pay payable to any individual employed by the United States on the date of the enactment of this Act to a rate below the rate payable to such individual on such date, so long as that individual continues in such position without a break in service. SEC. 304. SENIOR BIOMEDICAL RESEARCH SERVICE. (a) In General.— Title II of the Public Health Service Act is amended by adding at the end the following: “Sec. 228. “senior biomedical research service (a) There shall be in the Public Health Service a Senior Establishment. 42 USC 237. Biomedical Research Service (hereinafter in this section referred to as the ‘Service’), not to exceed 350 members at any time. “(b) The Service shall be appointed by the Secretary without regard to the provisions of title 5, United States Code, regarding appointment, and shall consist of individuals outstanding in the field of biomedical research or clinical research evaluation. No individual may be appointed to the Service unless such individual (1) has earned a doctoral level degree in biomedicine or a related field, and (2) meets the qualification standards prescribed by the Office of Personnel Management for appointment to a position at GS-15 of the General Schedule. Notwithstanding any previous applicability to an individual who is a member of the Service, the provisions of subchapter I of chapter 35 (relating to retention preference), chapter 43 (relating to performance appraisal and performance actions), chapter 51 (relating to classification), subchapter III of chapter 53 (relating to General Schedule pay rates), and chapter 75 (relating to adverse actions) of title 5, United States Code, shall not apply to any member of the Service. “(c) The Secretary shall develop a performance appraisal system designed to— “(1) provide for the systematic appraisal of the performance of members, and “(2) encourage excellence in performance by members. “(d) (1) The Secretary shall determine, subject to the provisions of this subsection, the pay of members of the Service. “(2) The pay of a member of the Service shall not be less than the minimum rate payable for GS-15 of the General Schedule and shall not exceed the rate payable for level I of the Executive Schedule unless approved by the President under section 5377(d)(2) of title 5, United States Code. “(e) The Secretary may, upon the request of a member who— “(1) performed service in the employ of an institution of higher education immediately prior to his appointment as a member of the Service, and “(2) retains the right to continue to make contributions to the retirement system of such institution, contribute an amount not to exceed 10 percent per annum of the member’s basic pay to such institution’s retirement system on behalf of such member. A member who requests that such contribution be made shall not be covered by, or earn service credit under, any retirement system established for employees of the United States under title 5, United States Code, but such service shall be creditable for determining years of service under section 6303(a) of such title. “(f) Subject to the following sentence, the Secretary may, notwithstanding the provisions of title 5, United States Code, regarding appointment, appoint an individual who is separated from the Service involuntarily and without cause to a position in the competitive civil service at GS-15 of the General Schedule, and such appointment shall be a career appointment. In the case of such an individual who immediately prior to his appointment to the Service was not a career appointee in the civil service or the Senior Executive Service, such appointment shall be in the excepted civil service and may not exceed a period of 2 years. “(g) The Secretary shall promulgate such rules and regulations, not inconsistent with this section, as may be necessary for the efficient administration of the Service.”. (b) Technical and Conforming Amendments.— Section 211(d) of 42 USC 212. the Public Health Service Act is amended by— (1) striking out “and” at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof and”; and (3) adding at the end thereof a new paragraph as follows: “(4) service performed as a member of the Senior Biomedical Research Service established by section 228, except that, if there are more than 5 years of such service, only the last 5 years thereof may be included.”. (c) Effective Date.— Except as otherwise provided, the provisions of this section shall be effective on the 90th day following the date of the enactment of this Act. SEC. 306. EFFECTIVE DATE. (a) Generally.— Except as otherwise provided in this Act, this Act and the amendments made by this Act shall take effect on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after the date of enactment of this Act. (b) Special Rule.— The first calendar year in which comparability payments under section 5304 of title 5, United States Code (as amended by this Act), are paid shall be the calendar year beginning on January 1, 1994. SEC. 306. ADDITIONAL RULE OF CONSTRUCTION. Notwithstanding section 1(b), a reference in any of the preceding provisions of this title to “this Act” (other than a reference in section 301) shall not be considered to include any provision of title IV. TITLE IV— FEDERAL LAW ENFORCEMENT PAY REFORM SEC. 401. SHORT TITLE. This title may be cited as the “Federal Law Enforcement Pay Reform Act of 1990”. SEC. 402. DEFINITION. For the purposes of this title, except as otherwise provided, the term “law enforcement officer” means any law enforcement officer within the meaning of section 8331(20) or section 8401(17) of title 5, United States Code, with respect to whom the provisions of chapter 51 of such title apply. SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS. (a) Notwithstanding the procedures of section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law, higher minimum rates and corresponding increases in all step rates of each designated General Schedule grade shall be established for law enforcement officers in accordance with the provisions of this section. (b) (1) Effective on the first day of the first applicable pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows: GS–3 Step 4 GS–4 Step 4 GS–5 Step 4 GS–6 Step 3 GS–7 Step 3 GS–8 Step 3 GS–9 Step 2 GS–10 Step 2 (2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows: GS–3 Step 7 GS–4 Step 7 GS–5 Step 8 GS–6 Step 6 GS–7 Step 5 GS–8 Step 3 GS–9 Step 2 GS–10 Step 2 (c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under section 5305 of title 5, United States Code, as amended by section 101 of this Act, or similar provision of law) in the same manner as rates established under section 5305 of such title, as so amended, and may be increased in accordance with subsection (f) of such section 5305. (d) Any interim entry-level adjustment under section 303 of this Act which a law enforcement officer is receiving shall be eliminated on the day before the effective date of the higher minimum rates under subsection (b)(1). SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CITIES. (a) A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act, any applicable locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and any applicable special rate of pay under section 5305 of such title, as so amended, or any similar provision of law. (b) Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1, 1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer’s rate of basic pay, as follows: Area Differential Boston-Lawrence-Salem, MA–NH Consolidated Metropolitan Statistical Area , 16% Chicago-Gary-Lake County, IL–IN–W1 Consolidated Metropolitan Statistical Area 4% Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area 16% New York-Northern New Jersey-Long Island, NY–NJ–CT Consolidated Metropolitan Statistical Area 16% Philadelphia-Wilmington-Trention, PA–NJ–DE–MD Consolidated Metropolitan Statistical Area 4% San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area 16% San Diego, CA Metropolitan Statistical Area 8% Washington, DC–MD–VA Metropolitan Statistical Area 4% (c) (1) A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability payment under section 5304 of title 5, United States Code, as amended by section 101 of this Act, and shall be considered part of basic pay to the same degree as such a locality-based comparability payment. (2) The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the payment of special pay adjustments to law enforcement officers under this section. SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS. (a) The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403 and 404 shall be carried out with respect to individuals holding positions described in subsection (b). (b) This subsection applies with respect to any— (1) member of the United States Secret Service Uniformed Division; (2) member of the United States Park Police; (3) special agent within the Diplomatic Security Service; (4) probation officer (referred to in section 3672 of title 18, United States Code); or (5) pretrial services officer (referred to in section 3153 of title 18, United States Code). (c) For the purposes of this section, the term “appropriate agency head” means— (1) with respect to any individual under subsection (b)(1), the Secretary of the Treasury; (2) with respect to any individual under subsection (b)(2), the Secretary of the Interior; (3) with respect to any individual under subsection (b)(3), the Secretary of State; (4) with respect to any individual under subsection (b)(4) or (b)(5), the Director of the Administrative Office of the United States Courts. SEC. 406. FBI NEW YORK FIELD DIVISION. Notwithstanding section 601(a)(2) of Public Law 100–453, as amended, the Office of Personnel Management shall reduce the rate of periodic payments under such section as the provisions of this Act are implemented: Provided, That no such reduction results in a reduction of the total pay for any employee of the New York Field Division of the Federal Bureau of Investigation. Notwithstanding such section 601(a)(2), the Office of Personnel Management may make such periodic payments inapplicable to employees newly appointed to, or transferred to, the New York Field Division on or after January 1, 1992. SEC. 407. RELOCATION PAYMENTS. Notwithstanding section 5753(b)(1)(A) of title 5, United States Code, as added by this Act, a law enforcement officer whose rate of basic pay is less than $60,000 may receive a relocation payment of up to $15,000 under section 5753. SEC. 408. INCENTIVE BONUS FOR FOREIGN LANGUAGE CAPABILITIES. (a) Chapter 45 of title 5, United States Code, is amended by adding at the end the following: “SUBCHAPTER III— AWARD TO LAW ENFORCEMENT OFFICER FOR FOREIGN LANGUAGE CAPABILITIES “§ 4521. Definition “For the purpose of this subchapter, the term ‘law enforcement officer’ has the same meaning as under section 5949(a). “§ 4522. General provision “An award under this subchapter is in addition to the basic pay of the recipient. “§ 4523. Award authority “(a) An agency may pay a cash award, up to 5 percent of basic pay, to any law enforcement officer employed in or under such agency who possesses and makes substantial use of 1 or more foreign languages in the performance of official duties. “(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved (or designee thereof). Regulations prescribed by an agency head (or designee) under this Regulations. subsection shall include— “(1) procedures under which foreign language proficiency shall be ascertained; “(2) criteria for the selection of individuals for recognition under this section; and “(3) any other provisions which may be necessary to carry out the purposes of this subchapter.”. (b) The table of sections for chapter 45 of title 5, United States Code, is amended by adding at the end the following: SUBCHAPTER III— AWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES “4521. Definition. “4522. General provision. “4523. Award authority.”. (c) Section 6401 of the Anti-Drug Abuse Act of 1988 (Public Law 5 USC 5541 note. 100–690; 102 Stat. 4370) is amended— (1) by inserting “(a) In General.—” before the first sentence; and (2) by adding at the end the following: “(b) Limitation.— The provisions of this section shall apply only to an employee who has received a bonus under this section before January 1, 1992. The provisions of subchapter III of chapter 45 of title 5, United States Code, shall apply to any employee who would otherwise be eligible to receive a bonus under this section, on and after such date.”. (d) The amendments made by this section shall be effective on January 1, 1992. SEC. 409. AGE FOR MANDATORY RETIREMENT. (a) Section 8335(b) of title 5, United States Code, is amended— (1) in the first sentence, by striking “law enforcement officer of a”; and (2) by inserting after the first sentence the following: “A law enforcement officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer becomes 57 years of age or completes 20 years of service if then over that age.”. (b) Section 8425(b) of title 5, United States Code, is amended— (1) in the first sentence, by striking “law enforcement officer or” each place it appears; and (2) by inserting after the first sentence the following: “A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer become 57 years of age or completes 20 years of service if then over that age.”. (c) For the purposes of this section, the effective date shall be the date of enactment of this Act. SEC. 410. OVERTIME RATES. (a) Section 5542(a) of title 5, United States Code, is amended by adding at the end the following: “(4) Notwithstanding paragraph (2) of this subsection, for an employee who is a law enforcement officer (within the meaning of section 8331(20) or 8401(17)), and whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of— “(A) one and one-half times the minimum hourly rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or “(B) the hourly rate of basic pay of the employee, and all that amount is premium pay.”. (b) Section 5547 of title 5, United States Code, is amended by adding at the end the following: “(c) (1) Subsections (a) and (b) shall not apply to a law enforcement officer. “(2) A law enforcement officer may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) only to the extent that the payment does not cause the officer’s aggregate rate of pay for any pay period to exceed the lesser of— “(A) 150 percent of the minimum rate payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or “(B) the rate payable for level V of the Executive Schedule. “(3) For the purposes of this subsection, ‘law enforcement officer’ means any law enforcement officer within the meaning of section 8331(20) or section 8401(17).”. SEC. 411. OTHER PREMIUM PAY. (a) Section 5541(2)(iv) of title 5, United States Code, is amended to read as follows: “(iv) a member of— “(I) the Metropolitan Police or the Fire Department of the District of Columbia; or “(II) a member of the United States Secret Service Uniformed Division, a member of the United States Park Police, other than for purposes of section 5545(a) and 5546;”. (b) The amendment made by this section shall be effective on Effective date. 5 USC 5541 note. January 1, 1992. SEC. 412. REPORTING REQUIREMENT. Not later than January 1, 1993, the Office of Personnel Management, in consultation with Federal law enforcement agencies and law enforcement employee groups, shall submit to Congress, in writing, a plan to establish a separate pay and classification system for law enforcement officers and specifications for legislation to implement such plan.

5. 1992

   Technical and Miscellaneous Civil Service Amendments Act of 1992

   Pub. L. 102–378 § 2(42)(B) · 106 Stat. 1346

   Amended · 5 U.S.C. § 5544(a)

   Pub. L. 102–378, § 2(42)(B), amended last two sentences generally. Prior to amendment, last two sentences read as follows: “This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–378, § 2(42)(B), amended last two sentences generally. Prior to amendment, last two sentences read as follows: “This section, other than the sixth sentence, shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, hours of work in excess of 8 hours in a day shall be deemed to be overtime hours for the purposes of such section 7 and hours in a paid nonwork status shall be deemed to be hours of work.”

   Enacted provision · exact public law section
   (B) by amending the last two sentences of subsection (a) to read as follows: “The first and third sentences of this subsection shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to the first and third sentences of this subsection, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.”; and

6. 1992

   Technical and Miscellaneous Civil Service Amendments Act of 1992

   Pub. L. 102–378 § 2(42)(A) · 106 Stat. 1346

   Substituted · 5 U.S.C. § 5544(a)(2); 5 U.S.C. § 5544(a)(3)

   Pub. L. 102–378, § 2(42)(A), substituted “2,087” for “2,080”

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). Pub. L. 102–378, § 2(42)(A), substituted “2,087” for “2,080”.

   Enacted provision · exact public law section
   (A) in paragraphs (2) and (3) of subsection (a) by striking “2,080” each place it appears and inserting “2,087”;

7. 1992

   Technical and Miscellaneous Civil Service Amendments Act of 1992

   Pub. L. 102–378 § 2(42)(C) · 106 Stat. 1346

   Added · 5 U.S.C. § 5544(c)

   Pub. L. 102–378, § 2(42)(C), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 102–378, § 2(42)(C), added subsec. (c).

   Enacted provision · exact public law section
   (C) by adding at the end the following: “(c) The provisions of this section, including the last two sentences of subsection (a), shall apply to a prevailing rate employee described in section 5342(a)(2)(B).”;

8. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title XVI § 1610(b) · 110 Stat. 2422

   Inserted · 5 U.S.C. § 5544(c)

   Pub. L. 104–201 inserted “and the provisions of section 5543(b)” after “the last two sentences of subsection (a)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–201 inserted “and the provisions of section 5543(b)” after “the last two sentences of subsection (a)”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 5544(c) of title 5, United States Code, is amended by inserting “and the provisions of section 5543(b)” after “the last two sentences of subsection (a)”.

9. 1998

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

   Inserted · 5 U.S.C. § 5544(a)

   Pub. L. 105–277, which directed the amendment of subsec. (a) by inserting after the fourth 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.”, was executed by making the insertion after the first sentence of the concluding provisions, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–277, which directed the amendment of subsec. (a) by inserting after the fourth 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.”, was executed by making the insertion after the first sentence of the concluding provisions, to reflect the probable intent of Congress.

   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.

10. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title XI § 1110 · 122 Stat. 3

    Substituted · 5 U.S.C. § 5544(a)

    Pub. L. 110–181, in third sentence of concluding provisions, substituted “administratively (including travel by the employee to such event and the return of the employee from such event to the employee’s official duty station).” for “administratively.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–181, in third sentence of concluding provisions, substituted “administratively (including travel by the employee to such event and the return of the employee from such event to the employee’s official duty station).” for “administratively.”

    Enacted provision · exact public law section
    SEC. 1110. COMPENSATION FOR FEDERAL WAGE SYSTEM EMPLOYEES FOR CERTAIN TRAVEL HOURS.   Section 5544(a) of title 5, United States Code, is amended in clause (iv) (in the third sentence following paragraph (3)), by striking “administratively.” and inserting “administratively (including travel by the employee to such event and the return of the employee from such event to the employee’s official duty station).”.

11. 2025

    Pub. L. 119–4 div. A title VIII § 1807 · 139 Stat. 30

    1. Amended · 5 U.S.C. § 5544

       Pub. L. 119–4 amended section catchline generally

    2. Substituted · 5 U.S.C. § 5544

       Pub. L. 119–4 substituting “Wage-board overtime, Sunday rates, and other premium pay” for “Wage-board overtime and Sunday rates; computation”

    Unresolved: Pub. L. 119–4 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Pub. L. 119–4 amended section catchline generally, substituting “Wage-board overtime, Sunday rates, and other premium pay” for “Wage-board overtime and Sunday rates; computation”.

    Effective date note
    Section 457(d) of H.R. 8998 from the 118th Congress, as passed by the House of Representatives on July 24, 2024, which was enacted into law by Pub. L. 119–4, div. A, title VIII, § 1807, Mar. 15, 2025, 139 Stat. 30, provided that: “The amendments made by this section [enacting section 5545c of this title and amending this section and section 5547 of this title] shall take effect on the first day of the first applicable pay period beginning on or after either October 1, 2024 or the date of enactment of this Act [Mar. 15, 2025], whichever is later.”

12. 2025

    Pub. L. 119–4 div. A title VIII § 1807 · 139 Stat. 30

    Added · 5 U.S.C. § 5544(d)

    Pub. L. 119–4 added subsec. (d)

    Unresolved: Pub. L. 119–4 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 119–4 added subsec. (d).

    Effective date note
    Section 457(d) of H.R. 8998 from the 118th Congress, as passed by the House of Representatives on July 24, 2024, which was enacted into law by Pub. L. 119–4, div. A, title VIII, § 1807, Mar. 15, 2025, 139 Stat. 30, provided that: “The amendments made by this section [enacting section 5545c of this title and amending this section and section 5547 of this title] shall take effect on the first day of the first applicable pay period beginning on or after either October 1, 2024 or the date of enactment of this Act [Mar. 15, 2025], whichever is later.”

8 of 13 references resolved to an enrolled provision · 2 partial · 3 unresolved