§ 7103. Definitions; application

Footnotes

1. 1 So in original. Probably should be followed by a comma.

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. 1978

   Pub. L. 95–454 title VII § 701 · 92 Stat. 1111

   Enacted · 5 U.S.C. § 7103

   Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192

   Source evidence

   Code source credit
   Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1192

   Enacted provision · exact public law section
   Sec. 701. So much of subpart F of part III of title 5, United States Code, as precedes subchapter II of chapter 71 thereof is amended to read as follows: “Subpart F— Labor-Management and Employee Relations “CHAPTER 71— LABOR-MANAGEMENT RELATIONS “SUBCHAPTER I—GENERAL PROVISIONS “Sec. “7101. Findings and purpose. “7102. Employees’ rights. “7103. Definitions; application. “7104. Federal Labor Relations Authority. “7105. Powers and duties of the Authority. “7106. Management rights. “SUBCHAPTER II—RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS “Sec. “7111. Exclusive recognition of labor organizations. “7112. Determination of appropriate units for labor organization representation. “7113. National consultation rights. “7114. Representation rights and duties. “7115. Allotments to representatives. “7116. Unfair labor practices. “7117. Duty to bargain in good faith; compelling need; duty to consult “7118. Prevention of unfair labor practices. “7119. Negotiation impasses; Federal Service Impasses Panel. “7120. Standards of conduct for labor organizations. “SUBCHAPTER III—GRIEVANCES, APPEALS, AND REVIEW “Sec. “7121. Grievance procedures. “7122. Exceptions to arbitral awards. “7123. Judicial review; enforcement. “SUBCHAPTER IV—ADMINISTRATIVE AND OTHER PROVISIONS “Sec. “7131. Official time. “7132. Subpenas. “7133. Compilation and publication of data. “7134. Regulations. “7135. Continuation of existing laws, recognitions, agreements, and procedures. “SUBCHAPTER I— GENERAL PROVISIONS “§7101. Findings and purpose “(a) The Congress finds that— “(1) experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them— “(A) safeguards the public interest, “(B) contributes to the effective conduct of public business, and “(C) facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment; and “(2) the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government. Therefore, labor organizations and collective bargaining in the civil service are in the public interest. “(b) It is the purpose of this chapter to prescribe certain rights and obligations of the employees of the Federal Government and to establish procedures which are designed to meet the special requirements and needs of the Government. The provisions of this chapter should be interpreted in a manner consistent with the requirement of an effective and efficient Government. §7102. Employees’rights “Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right— “(1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and “(2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter. “§7103. Definitions; application “(a) For the purpose of this chapter— “(1) ‘person’ means an individual, labor organization, or agency; “(2) ‘employee’ means an individual— “(A) employed in an agency; or “(B) whose employment in an agency has ceased because of any unfair labor practice under section 7116 of this title and who has not obtained any other regular and substantially equivalent employment, as determined under regulations prescribed by the Federal Labor Relations Authority; but does not include— “(i) an alien or noncitizen of the United States who occupies a position outside the United States; “(ii) a member of the uniformed services; “(iii) a supervisor or a management official; “(iv) an officer or employee in the Foreign Service of the United States employed in the Department of State, the Agency for International Development, or the International Communication Agency; or “(v) any person who participates in a strike in violation of section 7311 of this title; 5 USC 7311. “(3) ‘agency’ means an Executive agency (including a nonappropriated fund instrumentality described in section 2105(c) of this title and the Veterans’ Canteen Service, Veterans’ Administration), 5 USC 2105. the Library of Congress, and the Government Printing Office, but does not include— “(A) the General Accounting Office; “(B) the Federal Bureau of Investigation; “(C) the General Intelligence Agency; “(D) the National Security Agency; “(E) the Tennessee Valley Authority; “(F) the Federal Labor Relations Authority; or “(G) the Federal Service Impasses Panel; “(4) ‘labor organization’ means an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose the dealing with an agency concerning grievances and conditions of employment, but does not include— “(A) an organization which, by its constitution, bylaws, tacit agreement among its members, or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition; “(B) an organization which advocates the overthrow of the constitutional form of government of the United States; “(C) an organization sponsored by an agency; or “(D) an organization which participates in the conduct of a strike against the Government or any agency thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike; “(5) ‘dues’ means dues, fees, and assessments; “(6) ‘Authority’ means the Federal Labor Relations Authority described in section 7104(a) of this title; “(7) ‘Panel’ means the Federal Service Impasses Panel described in section 7119 (c) of this title; “(8) ‘collective bargaining agreement’ means an agreement entered into as a result of collective bargaining pursuant to the provisions of this chapter; “(9) ‘grievance’ means any complaint— “(A) by any employee concerning any matter relating to the employment of the employee; “(B) by any labor organization concerning any matter relating to the employment of any employee; or “(C) by any employee, labor organization, or agency concerning— “(i) the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or “(ii) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment; “(10) ‘supervisor’ means an individual employed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, except that, with respect to any unit which includes firefighters or nurses, the term ‘supervisor’ includes only those individuals who devote a preponderance of their employment time to exercising such authority; “(11) ‘management official’ means an individual employed by an agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency ; “(12) ‘collective bargaining’ means the performance of the mutual obligation of the representative of an agency and the exclusive representative of employees in an appropriate unit in the agency to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession; “(13) ‘confidential employee’ means an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations; “(14) ‘conditions of employment’ means personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters— “(A) relating to political activities prohibited under subchapter III of chapter 73 of this title; 5 USC 7321. “(B) relating to the classification of any position; or “(C) to the extent such matters are specifically provided for by Federal statute: “(15) ‘professional employee’ means— “(A) an employee engaged in the performance of work— “(i) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, mechanical, or physical activities); “(ii) requiring the consistent exercise of discretion and judgment in its performance; “(iii) which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and “(iv) which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or “(B) an employee who has completed the courses of specialized intellectual instruction and study described in subparagraph (A) (i) of this paragraph and is performing related work under appropriate direction or guidance to qualify the employee as a professional employee described in subparagraph (A) of this paragraph; “(16) ‘exclusive representative’ means any labor organization which— “(A) is certified as the exclusive representative of employees in an appropriate unit pursuant to section 7111 of this title; or “(B) was recognized by an agency immediately before the effective date of this chapter as the exclusive representative of employees in an appropriate unit— “(i) on the basis of an election, or “(ii) on any basis other than an election, and continues to be so recognized in accordance with the provisions of this chapter; “(17) ‘firefighter’ means any employee engaged in the performance of work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; and “(18) ‘United States’ means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and any territory or possession of the United States. “(b) (1) The President may issue an order excluding any agency Presidential order. or subdivision thereof from coverage under this chapter if the President determines that— “(A) the agency or subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and “(B) the provisions of this chapter cannot be applied to that agency or subdivision in a manner consistent with national security requirements and considerations. “(2) The President may issue an order suspending any provision Presidential order. of this chapter with respect to any agency, installation, or activity located outside the 50 States and the District of Columbia, if the President determines that the suspension is necessary in the interest of national security. “§7104. Federal Labor Relations Authority “(a) The Federal Labor Relations Authority is composed of three members, not more than 2 of whom may be adherents of the same political party. No member shall engage in any other business or employment or hold another office or position in the Government of the United States except as otherwise provided by law. “(b) Members of the Authority shall be appointed by the President by and with the advice and consent of the Senate, and may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The President shall designate one member to serve as Chairman of the Authority. “(c) (1) One of the original members of the Authority shall be appointed for a term of 1 year, one for a term of 3 years, and the Chairman for a term of 5 years. Thereafter, each member shall be appointed for a term of 5 years. “(2) Notwithstanding paragraph (1) of this subsection, the term of any member shall not expire before the earlier of— “(A) the date on which the member’s successor takes office, or “(B) the last day of the Congress beginning after the date on which the member’s term of office would (but for this subparagraph) expire. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. “(d) A vacancy in the Authority shall not impair the right of the remaining members to exercise all of the powers of the Authority. “(e) The Authority shall make an annual report to the President Report to President. for transmittal to the Congress which shall include information as to the cases it has heard and the decisions it has rendered. “(f) (1) The General Counsel of the Authority shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel may be removed at any time by the President. The General Counsel shall hold no other office or position in the Government of the United States except as provided by law. “(2) The General Counsel may— “(A) investigate alleged unfair labor practices under this chapter, “(B) file and prosecute complaints under this chapter, and “(C) exercise such other powers of the Authority as the Authority may prescribe. “(3) The General Counsel shall have direct authority over, and responsibility for, all employees in the office of General Counsel, including employees of the General Counsel in the regional offices of the Authority. “§7105. Powers and duties of the Authority “(a) (1) The Authority shall provide leadership in establishing policies and guidance relating to matters under this chapter, and, except as otherwise provided, shall be responsible for carrying out purpose of this chapter. “(2) The Authority shall, to the extent provided in this chapter and in accordance with regulations prescribed by the Authority— “(A) determine the appropriateness of units for labor organization representation under section 7112 of this title; “(B) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit and otherwise administer the provisions of section 7111 of this title relating to the according of exclusive recognition to labor organizations; “(C) prescribe criteria and resolve issues relating to the granting of national consultation rights under section 7113 of this title; “(D) prescribe criteria and resolve issues relating to determining compelling need for agency rules or regulations under section 7117(b) of this title; “(E) resolves issues relating to the duty to bargain in good faith under section 7117(c) of this title; “(F) prescribe criteria relating to the granting of consultation rights with respect to conditions of employment under section 7117(d) of this title; “(G) conduct hearings and resolve complaints of unfair labor Hearings. practices under section 7118 of this title; “(H) resolve exceptions to arbitrator’s awards under section 7122 of this title; and “(I) take such other actions as are necessary and appropriate to effectively administer the provisions of this chapter. “(b) The Authority shall adopt an official seal which shall be judicially noticed. “(c) The principal office of the Authority shall be in or about the District of Columbia, but the Authority may meet and exercise any or all of its powers at any time or place. Except as otherwise expressly provided by law, the Authority may, by one or more of its members or by such agents as it may designate, make any appropriate inquiry necessary to carry out its duties wherever persons subject to this chapter are located. Any member who participates in the inquiry shall not be disqualified from later participating in a decision of the Authority in any case relating to the inquiry. “(d) The Authority shall appoint an Executive Director and such regional directors, administrative law judges under section 3105 of this title, and other individuals as it may from time to time find necessary 5 USC 3105. for the proper performance of its functions. The Authority may delegate to officers and employees appointed under this subsection authority to perform such duties and make such expenditures as may be necessary. “(e) (1) The Authority may delegate to any regional director its authority under this chapter— “(A) to determine whether a group of employees is an appropriate unit; “(B) to conduct investigations and to provide for hearings; “(C) to determine whether a question of representation exists and to direct an election; and “(D) to supervise or conduct secret ballot elections and certify the results thereof. “(2) The Authority may delegate to any administrative law judge appointed under subsection (d) of this section its authority under section 7118 of this title to determine whether any person has engaged in or is engaging in an unfair labor practice. “(f) If the Authority delegates any authority to any regional director or administrative law judge to take any action pursuant to subsection (e) of this section, the Authority may, upon application by any interested person filed within 60 days after the date of the action, review such action, but the review shall not, unless specifically ordered by the Authority, operate as a stay of action. The Authority may affirm, modify, or reverse any action reviewed under this subsection. If the Authority does not undertake to grant review of the action under this subsection within 60 days after the later of— “(1) the date of the action; or “(2) the date of the filing of any application under this subsection for review of the action; the action shall become the action of the Authority at the end of such 60-day period. “(g) In order to carry out its functions under this chapter, the Authority may— “(1) hold hearings ; Hearings. “(2) administer oaths, take the testimony or deposition of any Administer oaths. person under oath, and issue subpenas as provided in section 7132 of this title; and “(3) may require an agency or a labor organization to cease and desist from violations of this chapter and require it to take any remedial action it considers appropriate to carry out the policies of this chapter. “(h) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Authority may appear for the Authority and represent the Authority in any civil action brought in connection with any function carried out by the Authority pursuant to this title or as otherwise authorized by law. “(i) In the exercise of the functions of the Authority under this title, the Authority may request from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority. “§7106. Management rights “(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency— “(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and “(2) in accordance with applicable laws— “(A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees; “(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted; “(C) with respect to filling positions, to make selections for appointments from— “(i) among properly ranked and certified candidates for promotion; or “(ii) any other appropriate source; and “(D) to take whatever actions may be necessary to carry out the agency mission during emergencies. “(b) Nothing in this section shall preclude any agency and any labor organization from negotiating— “(1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work; “(2) procedures which management officials of the agency will observe in exercising any authority under this section; or “(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials. “SUBCHAPTER II— RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS “§7111. Exclusive recognition of labor organizations “(a) An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election. “(b) If a petition is filed with the Authority— Petition. “(1) by any person alleging— “(A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or “(B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or “(2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation; the Authority shall investigate the petition, and if it has reasonable Hearing. cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after reasonable notice. If the Authority finds on the record of the Election. hearing that a question of representation exists, the Authority shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held. “(c) A labor organization which— “(1) has been designated by at least 10 percent of the employees in the unit specified in any petition filed pursuant to subsection (b) of this section; “(2) has submitted a valid copy of a current or recently expired collective bargaining agreement for the unit; or “(3) has submitted other evidence that it is the exclusive representative of the employees involved; may intervene with respect to a petition filed pursuant to subsection (b) of this section and shall be placed on the ballot of any election under such subsection (b) with respect to the petition. “(d) The Authority shall determine who is eligible to vote in any election under this section and shall establish rules governing any such election, which shall include rules allowing employees eligible to vote the opportunity to choose— “(1) from labor organizations on the ballot, that labor organization which the employees wish to have represent them; or “(2) not to be represented by a labor organization. In any election in which no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted between the two choices receiving the highest number of votes. A labor organization which receives the majority of the votes cast in an election shall be certified by the Authority as the exclusive representative. “(e) A labor organization seeking exclusive recognition shall submit to the Authority and the agency involved a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives. “(f) Exclusive recognition shall not be accorded to a labor organization— “(1) if the Authority determines that the labor organization is subject to corrupt influences or influences opposed to democratic principles; “(2) in the case of a petition filed pursuant to subsection (b) (1) (A) of this section, if there is not credible evidence that at least 30 percent of the employees in the unit specified in the petition wish to be represented for the purpose of collective bargaining by the labor organization seeking exclusive recognition; “(3) if there is then in effect a lawful written collective bargaining agreement between the agency involved and an exclusive representative (other than the labor organization seeking exclusive recognition) covering any employees included in the unit specified in the petition, unless— “(A) the collective bargaining agreement has been in effect for more than 3 years, or “(B) the petition for exclusive recognition is filed not more than 105 days and not less than 60 days before the expiration date of the collective bargaining agreement; or “(4) if the Authority has, within the previous 12 calendar months, conducted a secret ballot election for the unit described in any petition under this section and in such election a majority of the employees voting chose a labor organization for certification as the unit’s exclusive representative. “(g) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules or decisions of the Authority. “§7112. Determination of appropriate units for labor organization representation “(a) (1) The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of, the agency involved. “(b) A unit shall not be determined to be appropriate under this section solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be determined to be appropriate if it includes— “(1) except as provided under section 7135(a) (2) of this title, Post, 1215. any management official or supervisor; “(2) a confidential employee; “(3) an employee engaged in personnel work in other than a purely clerical capacity; “(4) an employee engaged in administering the provisions of this chapter; “(5) both professional employees and other employees, unless a majority of the professional employees vote for inclusion in the unit; “(6) any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; or “(7) any employee primarily engaged in investigation or audit functions relating to the work of individuals employed by an agency whose duties directly affect the internal security of the agency, but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity. “(c) Any employee who is engaged in administering any provision of law relating to labor-management relations may not be represented by a labor organization— “(1) which represents other individuals to whom such provision applies; or “(2) which is affiliated directly or indirectly with an organization which represents other individuals to whom such provision applies. “(d) Two or more units which are in an agency and for which a labor organization is the exclusive representative may, upon petition by the agency or labor organization, be consolidated with or without an election into a single larger unit if the Authority considers the larger unit to be appropriate. The Authority shall certify the labor organization as the exclusive representative of the new larger unit. “§7113. National consultation rights “(a) (1) If, in connection with any agency, no labor organization has been accorded exclusive recognition on an agency basis, a labor organization which is the exclusive representative of a substantial number of the employees of the agency, as determined in accordance with criteria prescribed by the Authority, shall be granted national consultation rights by the agency. National consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to any labor organization’s eligibility for, or continuation of, national consultation rights shall be subject to determination by the Authority. “(b) (1) Any labor organization having national consultation rights in connection with any agency under subsection (a) of this section shall— “(A) be informed of any substantive change in conditions of employment proposed by the agency, and “(B) be permitted reasonable time to present its views and recommendations regarding the changes. “(2) If any views or recommendations are presented under paragraph (1) of this subsection to an agency by any labor organization— “(A) the agency shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and “(B) the agency shall provide the labor organization a written statement of the reasons for taking the final action. “(c) Nothing in this section shall be construed to limit the right of any agency or exclusive representative to engage in collective bargaining. “§7114. Representation rights and duties “(a) (1) A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership. “(2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at— “(A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or “(B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if— “(i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and “(ii) the employee requests representation. “(3) Each agency shall annually inform its employees of their rights under paragraph (2) (B) of this subsection. “(4) Any agency and any exclusive representative in any appropriate unit in the agency, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargaining agreement. In addition, the agency and the exclusive representative may determine appropriate techniques, consistent with the provisions of section 7119 of this title, to assist in any negotiation. “(5) The rights of an exclusive representative under the provisions of this subsection shall not be construed to preclude an employee from— “(A) being represented by an attorney or other representative, other than the exclusive representative, of the employee’s own choosing in any grievance or appeal action; or “(B) exercising grievance or appellate rights established by law, rule, or regulation; except in the case of grievance or appeal procedures negotiated under this chapter. “(b) The duty of an agency and an exclusive representative to negotiate in good faith under subsection (a) of this section shall include the obligation— “(1) to approach the negotiations with a sincere resolve to reach a collective bargaining agreement; “(2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment; “(3) to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays; “(4) in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data— “(A) which is normally maintained by the agency in the regular course of business; “(B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and “(C) which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining; and “(5) if agreement is reached, to execute on the request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement. “(c) (1) An agreement between any agency and an exclusive representative shall be subject to approval by the head of the agency. “(2) The head of the agency shall approve the agreement within 30 days from the date the agreement is executed if the agreement is in accordance with the provisions of this chapter and any other applicable law, rule, or regulation (unless the agency has granted an exception to the provision). “(3) If the head of the agency does not approve or disapprove the agreement within the 30-day period, the agreement shall take effect and shall be binding on the agency and the exclusive representative subject to the provisions of this chapter and any other applicable law, rule, or regulation. “(4) A local agreement subject to a national or other controlling agreement at a higher level shall be approved under the procedures of the controlling agreement or, if none, under regulations prescribed by the agency. “§7115. Allotments to representatives “(a) If an agency has received from an employee in an appropriate unit a written assignment which authorizes the agency to deduct from the pay of the employee amounts for the payment of regular and periodic dues of the exclusive representative of the unit, the agency shall honor the assignment and make an appropriate allotment pursuant to the assignment. Any such allotment shall be made at no cost to the exclusive representative or the employee. Except as provided under subsection (b) of this section, any such assignment may not be revoked for a period of 1 year. “(b) An allotment under subsection (a) of this section for the deduction of dues with respect to any employee shall terminate when— “(1) the agreement between the agency and the exclusive representative involved ceases to be applicable to the employee; or “(2) the employee is suspended or expelled from membership in the exclusive representative. “(c) (1) Subject to paragraph (2) of this subsection, if a petition has been filed with the Authority by a labor organization alleging that 10 percent of the employees in an appropriate unit in an agency have membership in the labor organization, the Authority shall investigate the petition to determine its validity. Upon certification by the Authority of the validity of the petition, the agency shall have a duty to negotiate with the labor organization solely concerning the deduction of dues of the labor organization from the pay of the members of the labor organization who are employees in the unit and who make a voluntary allotment for such purpose. “(2) (A) The provisions of paragraph (1) of this subsection shall not apply in the case of any appropriate unit for which there is an exclusive representative. “(B) Any agreement under paragraph (1) of this subsection between a labor organization and an agency with respect to an appropriate unit shall be null and void upon the certification of an exclusive representative of the unit. “§7116. Unfair labor practices “(a) For the purpose of this chapter, it shall be an unfair labor practice for an agency— “(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter; “(2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment; “(3) to sponsor, control, or otherwise assist any labor organization, other than to furnish, upon request, customary and routine services and facilities if the services and facilities are also furnished on an impartial basis to other labor organizations having equivalent status; “(4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter; “(5) to refuse to consult or negotiate in good faith with a labor organization as required by this chapter; “(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter; “(7) to enforce any rule or regulation (other than a rule or regulation implementing section 2302 of this title) which is in Ante, p. 1114. conflict with any applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulation was prescribed; or “(8) to otherwise fail or refuse to comply with any provision of this chapter. “(b) For the purpose of this chapter, it shall be an unfair labor practice for a labor organization— “(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter; “(2) to cause or attempt to cause an agency to discriminate against any employee in the exercise by the employee of any right under this chapter; “(3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment, reprisal, or for the purpose of hindering or impeding the member’s work performance or productivity as an employee or the discharge of the member’s duties as an employee; “(4) to discriminate against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition; “(5) to refuse to consult or negotiate in good faith with an agency as required by this chapter; “(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter; “(7) (A) to call, or participate in, a strike, work stoppage, or slowdown, or picketing of an agency in a labor-management dispute if such picketing interferes with an agency’s operations, or “(B) to condone any activity described in subparagraph (A) of this paragraph by failing to take action to prevent or stop such activity; or “(8) to otherwise fail or refuse to comply with any provision of this chapter. Nothing in paragraph (7) of this subsection shall result in any informational picketing which does not interfere with an agency’s operations being considered as an unfair labor practice, “(c) For the purpose of this chapter it shall be an unfair labor practice for an exclusive representative to deny membership to any employee in the appropriate unit represented by such exclusive representative except for failure— “(1) to meet reasonable occupational standards uniformly required for admission, or “(2) to tender dues uniformly required as a condition of acquiring and retaining membership. This subsection does not preclude any labor organization from enforcing discipline in accordance with procedures under its constitution or bylaws to the extent consistent with the provisions of this chapter. “(d) Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 7121 (e) and (f) of this title, an employee has an option of using the negotiated grievance procedure or an appeals procedure, issues which can be raised under a grievance procedure may, in the discretion of the aggrieved party, be raised under the grievance procedure or as an unfair labor practice under this section, but not under both procedures. “(e) The expression of any personal view, argument, opinion or the making of any statement which— “(1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such election, “(2) corrects the record with respect to any false or misleading statement made by any person, or “(3) informs employees of the Government’s policy relating to labor-management relations and representation, shall not, if the expression contains no threat of reprisal or force or promise of benefit or was not made under coercive conditions, (A) constitute an unfair labor practice under any provision of this chapter, or (B) constitute grounds for the setting aside of any election conducted under any provisions of this chapter. “§7117. Duty to bargain in good faith; compelling need; duty to consult “(a) (1) Subject to paragraph (2) of this subsection, the duty to bargain in good faith shall, to the extent not inconsistent with any Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any rule or regulation only if the rule or regulation is not a Government-wide rule or regulation. “(2) The duty to bargain in good faith shall, to the extent not inconsistent with Federal law or any Goverment-wide rule or regulation, extend to matters which are the subject of any agency rule or regulation referred to in paragraph (3) of this subsection only if the Authority has determined under subsection (b) of this section that no compelling need (as determined under regulations prescribed by the Authority) exists for the rule or regulation. “(3) Paragraph (2) of the subsection applies to any rule or regulation issued by any agency or issued by any primary national subdivision of such agency, unless an exclusive representative represents an appropriate unit including not less than a majority of the employees in the issuing agency or primary national subdivision, as the case may be, to whom the rule or regulation is applicable. “(b) (1) In any case of collective bargaining in which an exclusive representative alleges that no compelling need exists for any rule or regulation referred to in subsection (a)(3) of this section which is then in effect and which governs any matter at issue in such collective bargaining, the Authority shall determine under paragraph (2) of this subsection, in accordance with regulations prescribed by the Authority, whether such a compelling need exists. “(2) For the purpose of this section, a compelling need shall be determined not to exist for any rule or regulation only if— “(A) the agency, or primary national subdivision, as the case may be, which issued the rule or regulation informs the Authority in writing that a compelling need for the rule or regulation does not exist; or “(B) the Authority determines that a compelling need for a rule or regulation does not exist. “(3) A hearing may be held, in the discretion of the Authority, Hearing. before a determination is made under this subsection. If a hearing is held, it shall be expedited to the extent practicable and shall not include the General Counsel as a party. “(4) The agency, or primary national subdivision, as the case may be, which issued the rule or regulation shall be a necessary party at any hearing under this subsection. “(c) (1) Except in any case to which subsection (b) of this section applies, if an agency involved in collective bargaining with an exclusive representative alleges that the duty to bargain in good faith does not extend to any matter, the exclusive representative may appeal the allegation to the Authority in accordance with the provisions of this subsection. “(2) The exclusive representative may, on or before the 15th day Appeal. after the date on which the agency first makes the allegation referred to in paragraph (1) of this subsection, institute an appeal under this subsection by— “(A) filing a petition with the Authority; and “(B) furnishing a copy of the petition to the head of the agency. “(3) On or before the 30th day after the date of the receipt by the Petition. head of the agency of the copy of the petition under paragraph (2) (B) of this subsection, the agency shall— “(A) file with the Authority a statement— “(i) withdrawing the allegation; or “(ii) setting forth in full its reasons supporting the allegation; and “(B) furnish a copy of such statement to the exclusive representative. “(4) On or before the loth day after the date of the receipt by the exclusive representative of a copy of a statement under paragraph (3) (B) of this subsection, the exclusive representative shall file with the Authority its response to the statement. “(5) A hearing may be held, in the discretion of the Authority, before a determination is made under this subsection. If a hearing is held, it shall not include the General Counsel as a party. “(6) The Authority shall expedite proceedings under this subsection to the extent practicable and shall issue to the exclusive representative and to the agency a written decision on the allegation and specific reasons therefor at the earliest practicable date. “(d) (1) A labor organization which is the exclusive representative of a substantial number of employees, determined in accordance with criteria prescribed by the Authority, shall be granted consultation rights by any agency with respect to any Government-wide rule or regulation issued by the agency effecting any substantive change in any condition of employment. Such consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to a labor organization’s eligibility for, or continuation of, such consultation rights shall be subject to determination by the Authority. “(2) A labor organization having consultation rights under paragraph (1) of this subsection shall— “(A) be informed of any substantive change in conditions of employment proposed by the agency, and “(B) shall be permitted reasonable time to present its views and recommendations regarding the changes. “(3) If any views or recommendations are presented under paragraph (2) of this subsection to an agency by any labor organization— “(A) the agency shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and “(B) the agency shall provide the labor organization a written statement of the reasons for taking the final action. “§7118. Prevention of unfair labor practices “(a) (1) If any agency or labor organization is charged by any person with having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the agency or labor organization a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to state an unfair labor practice, the General Counsel shall provide the person making the charge a written statement of the reasons for not issuing a complaint. “(2) Any complaint under paragraph (1) of this subsection shall Complaint. contain a notice— “(A) of the charge; “(B) that a hearing will be held before the Authority (or any Hearing. member thereof or before an individual employed by the authority and designated for such purpose) ; and “(C) of the time and place fixed for the hearing. “(3) The labor organization or agency involved shall have the right to file an answer to the original and any amended complaint and to appear in person or otherwise and give testimony at the time and place fitted in the complaint for the hearing. “(4) (A) Except as provided in subparagraph (B) of this paragraph, no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the Authority. “(B) If the General Counsel determines that the person filing any charge was prevented from filing the charge during the 6-month period referred to in subparagraph (A) of this paragraph by reason of— “(i) any failure of the agency or labor organization against which the charge is made to perform a duty owed to the person, or “(ii) any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period, the General Counsel may issue a complaint based on the charge if the charge was filed during the 6-month period beginning on the day of the discovery by the person of the alleged unfair labor practice. “(5) The General Counsel may prescribe regulations providing for Regulations. informal methods by which the alleged unfair labor practice may be resolved prior to the issuance of a complaint. “(6) The Authority (or any member thereof or any individual Hearing. employed by the Authority and designated for such purpose) shall conduct a hearing on the complaint not earlier than 5 days after the date on which the complaint is served. In the discretion of the individual or individuals conducting the hearing, any person involved may be allowed to intervene in the hearing and to present testimony. Any such hearing shall, to the extent practicable, be conducted in accordance with the provisions of subchapter I I of chapter 6 of this title, except 5 USC 551. that the parties shall not be bound by rules of evidence, whether statutory, common law, or adopted by a court. A transcript shall be kept Transcript. of the hearing. After such a hearing the Authority, in its discretion, may upon notice receive further evidence or hear argument. “(7) If the Authority (or any member thereof or any individual employed by the Authority and designated for such purpose) determines after any hearing on a complaint under paragraph (5) of this subsection that the preponderance of the evidence received demonstrates that the agency or labor organization named in the complaint has engaged in or is engaging in an unfair labor practice, then the individual or individuals conducting the hearing shall state in writing their findings of fact and shall issue and cause to be served on the agency or labor organization an order— “(A) to cease and desist from any such unfair labor practice in which the agency or labor organization is engaged; “(B) requiring the parties to renegotiate a collective bargaining agreement in accordance with the order of the Authority and requiring that the agreement, as amended, be given retroactive effect; “(C) requiring reinstatement of an employee with backpay in accordance with section 5596 of this title; or “(D) including any combination of the actions described in subparagraphs (A) through (C) of this paragraph or such other action as will carry out the purpose of this chapter. If any such order requires reinstatement of an employee with backpay, backpay may be required of the agency (as provided in section 5596 of this title) or of the labor organization, as the case may be, which is found to have engaged in the unfair labor practice involved. “(8) If the individual or individuals conducting the hearing determine that the preponderance of the evidence received fails to demonstrate that the agency or labor organization named in the complaint has engaged in or is engaging in an unfair labor practice, the individual or individuals shall state in writing their findings of fact and shall issue an order dismissing the complaint. “(b) In connection with any matter before the Authority in any Rules and regulations, interpretation. proceeding under this section, the Authority may request, in accordance with the provisions of section 7105(i) of this title, from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or other policy directives issued by the Office of Personnel Management. “§7119. Negotiation impasses; Federal Service Impasses Panel “(a) The Federal Mediation and Conciliation Service shall provide services and assistance to agencies and exclusive representatives in the resolution of negotiation impasses. The Service shall determine under what circumstances and in what manner it shall provide services and assistance. “(b) If voluntary arrangements, including the services of the Federal Mediation and Conciliation Service or any other third-party mediation, fail to resolve a negotiation impasse— “(1) either party may request the Federal Service Impasses Panel to consider the matter, or “(2) the parties may agree to adopt a procedure for binding arbitration of the negotiation impasse, but only if the procedure is approved by the Panel. “(c) (1) The Federal Service Impasses Panel is an entity within the Authority, the function of which is to provide assistance in resolving negotiation impasses between agencies and exclusive representatives. “(2) The Panel shall be composed of a Chairman and at least six Membership. other members, who shall be appointed by the President, solely on the basis of fitness to perform the duties and functions involved, from among individuals who are familiar with Government operations and knowledgeable in labor-management relations. “(3) Of the original members of the Panel, 2 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 3 years, and the Chairman and the remaining members shall be appointed for a term of 5 years. Thereafter each member shall be appointed for a term of 5 years, except that an individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. Any member of the Panel may be removed by the President. “(4) The Panel may appoint an Executive Director and any other individuals it may from time to time find necessary for the proper performance of its duties. Each member of the Panel who is not an employee (as defined in section 2105 of this title) is entitled to pay at a rate equal to the daily equivalent of the maximum annual rate of basic pay then currently paid under the General Schedule for each day he is engaged in the performance of official business of the Panel, including travel time, and is entitled to travel expenses as provided under section 5703 of this title. “(5) (A) The Panel or its designee shall promptly investigate any Investigation. impasse presented to it under subsection (b) of this section. The Panel shall consider the impasse and and shall either— “(i) recommend to the parties procedures for the resolution of the impasse; or “(ii) assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish the purpose of this section. “(B) If the parties do not arrive at a settlement after assistance by the Panel under subparagraph (A) of this paragraph, the Panel may— “(i) hold hearings; “(ii) administer oaths, take the testimony or deposition of any person under oath, and issue subpenas as provided in section 7132 of this title; and “(iii) take whatever action is necessary and not inconsistent with this chapter to resolve the impasse. “(C) Notice of any final action of the Panel under this section shall be promptly served upon the parties, and the action shall be binding on such parties during the term of the agreement, unless the parties agree otherwise. “§7120. Standards of conduct for labor organizations “(a) An agency shall only accord recognition to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles. Except as provided in subsection (b) of this section, an organization is not required to prove that it is free from such influences if it is subject to governing requirements adopted by the organization or by a national or international labor organization or federation of labor organizations with which it is affiliated, or in which it participates, containing explicit and detailed provisions to which it subscribes calling for— “(1) the maintenance of democratic procedures and practices including provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participate in the affairs of the organization, to receive fair and equal treatment under the governing rules of the organization, and to receive fair process in disciplinary proceedings; “(2) the exclusion from office in the organization of persons affiliated with communist or other totalitarian movements and persons identified with corrupt influences; “(3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members; and “(4) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provisions for accounting and financial controls and regular financial reports or summaries to be made available to members. “(b) Notwithstanding the fact that a labor organization has adopted or subscribed to standards of conduct as provided in subsection (a) of this section, the organization is required to furnish evidence of its freedom from corrupt influences or influences opposed to basic democratic principles if there is reasonable cause to believe that— “(1) the organization has been suspended or expelled from, or is subject to other sanction, by a parent labor organization, or federation of organizations with which it had been affiliated, because it has demonstrated an unwillingness or inability to comply with governing requirements comparable in purpose to those required by subsection (a) of this section; or “(2) the organization is in fact subject to influences that would preclude recognition under this chapter. “(c) A labor organization which has or seeks recognition as a representative Filing of reports. of employees under this chapter shall file financial and other reports with the Assistant Secretary of Labor for Labor Management Relations, provide for bonding of officials and employees of the organization, and comply with trusteeship and election standards. “(d) The Assistant Secretary shall prescribe such regulations as are Regulations. necessary to carry out the purposes of this section. Such regulations shall conform generally to the principles applied to labor organizations in the private sector. Complaints of violations of this section shall be filed with the Assistant Secretary. In any matter arising under this section, the Assistant Secretary may require a labor organization to cease and desist from violations of this section and require it to take such actions as he considers appropriate to carry out the policies of this section. “(e) This chapter does not authorize participation in the management of a labor organization or acting as a representative of a labor organization by a management official, a supervisor, or a confidential employee, except as specifically provided in this chapter, or by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee. “(f) In the case of any labor organization which by omission or Strike. commission has willfully and intentionally, with regard to any strike, work stoppage, or slowdown, violated section 7116(b) (7) of this title, the Authority shall, upon an appropriate finding by the Authority of such violation— “(1) revoke the exclusive recognition status of the labor organization, which shall then immediately cease to be legally entitled and obligated to represent employees in the unit; or “(2) take any other appropriate disciplinary action. “SUBCHAPTER III— GRIEVANCES “§7121. Grievance procedures “(a) (1) Except as provided in paragraph (2) of this subsection, any collective bargaining agreement shall provide procedures for the settlement of grievances, including questions of arbitrability. Except as provided in subsections (d) and (e) of this section, the procedures shall be the exclusive procedures for resolving grievances which fall within its coverage. “(2) Any collective bargaining agreement may exclude any matter from the application of the grievance procedures which are provided for in the agreement. “(b) Any negotiated grievance procedure referred to in subsection (a) of this section shall— “(1) be fair and simple, “(2) provide for expeditious processing, and “(3) include procedures that— “(A) assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances; “(B) assure such an employee the right to present a grievance on the employee’s own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and “(C) provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency. “(c) The preceding subsections of this section shall not apply with respect to any grievance concerning— “(1) any claimed violation of subchapter III of chapter 73 of this title (relating to prohibited political activities); 5 USC 7321. “(2) retirement, life insurance, or health insurance; “(3) a suspension or removal under section 7532 of this title; “(4) any examination, certification, or appointment; or “(5) the classification of any position which does not result in the reduction in grade or pay of an employee. “(d) An aggrieved employee affected by a prohibited personnel practice under section 2302(b) CI) of this title which also falls under Ante, p. 1114. the coverage of the negotiated grievance procedure may raise the matter under a statutory procedure or the negotiated procedure, but not both. An employee shall be deemed to have exercised his option under this subsection to raise the matter under either a statutory procedure or the negotiated procedure at such time as the employee timely initiates an action under the applicable statutory procedure or timely files a grievance in writing, in accordance with the provisions of the negotiated procedure, whichever event occurs first. Selection of the negotiated procedure in no manner prejudices the right of an aggrieved employee to request the Merit Systems Protection Board to review the final decision pursuant to section 7702 of this title in the Ante, p. 1140. case of any personnel action that could have been appealed to the Board, or, where applicable, to request the Equal Employment Opportunity Commission to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the Equal Employment Opportunity Commission. “(e) (1) Matters covered under sections 4303 and 7512 of this title Ante, p. 1133, 1136. which also fall within the coverage of the negotiated grievance procedure may, in the discretion of the aggrieved employee, be raised either under the appellate procedures of section 7701 of this title or under Ante, p. 1138. the negotiated grievance procedure, but not both. Similar matters which arise under other personnel systems applicable to employees covered by this chapter may, in the discretion of the aggrieved employee, be raised either under the appellate procedures, if any, applicable to those matters, or under the negotiated grievance procedure, but not both. An employee shall be deemed to have exercised his option under this subsection to raise a matter either under the applicable appellate procedures or under the negotiated grievance procedure at such time as the employee timely files a notice of appeal under the applicable appellate procedures or timely files a grievance in writing in accordance with the provisions of the parties’ negotiated grievance procedure, whichever event occurs first. “(2) In matters covered under sections 4303 and 7512 of this title which have been raised under the negotiated grievance procedure in accordance with this section, an arbitrator shall be governed by section 7701 (c) (1) of this title, as applicable. “(f) In matters covered under sections 4303 and 7512 of this title which have been raised under the negotiated grievance procedure in accordance with this section, section 7703 of this title pertaining to Ante, p. 1143. judicial review shall apply to the award of an arbitrator in the same manner and under the same conditions as if the matter had been decided by the Board. In matters similar to those covered under sections 4303 and 7512 of this title which arise under other personnel systems and which an aggrieved employee has raised under the negotiated grievance procedure, judicial review of an arbitrator’s award may be obtained in the same manner and on the same basis as could be obtained of a final decision in such matters raised under applicable appellate procedures. “§7122. Exceptions to arbitral awards “(a) Either party to arbitration under this chapter may file with the Authority an exception to any arbitrator’s award pursuant to the arbitration (other than an award relating to a matter described in section 7121(f) of this title). If upon review the Authority finds that the award is deficient— “(1) because it is contrary to any law, rule, or regulation; or “(2) on other grounds similar to those applied by Federal courts in private sector labor-management relations; the Authority may take such action and make such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations. “(b) If no exception to an arbitrator’s award is filed under subsection (a) of this section during the 30-day period beginning on the date of such award, the award shall be final and binding. An agency shall take the actions required by an arbitrator’s final award. The award may include the payment of backpay (as provided in section 5596 of this title). “§7123. Judicial review; enforcement “(a) Any person aggrieved by any final order of the Authority other than an order under— “(1) section 7122 of this title (involving an award by an arbitrator), unless the order involves an unfair labor practice under section 7118 of this title, or “(2) section 7112 of this title (involving an appropriate unit determination), may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of the Authority’s order in the United States court of appeals in the circuit in which the person resides or transacts business or in the United States Court of Appeals for the District of Columbia. “(b) The Authority may petition any appropriate United States Petition. court of appeals for the enforcement of any order of the Authority and for appropriate temporary relief or restraining order. “(c) Upon the filing of a petition under subsection (a) of this section for judicial review or under subsection (b) of this section for enforcement, the Authority shall file in the court the record in the proceedings, as provided in section 2112 of title 28. Upon the filing of the petition, the court shall cause notice thereof to be served to the parties involved, and thereupon shall have jurisdiction of the proceeding and of the question determined therein and may grant any temporary relief (including a temporary restraining order) it considers just and proper, and may make and enter a decree affirming and enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the Authority, The filing of a petition under subsection (a) or (b) of this section shall not operate as a stay of the Authority’s order unless the court specifically orders the stay. Review of the Authority’s order shall be on the record in accordance with section 706 of this title. No objection that has not been urged 5 USC 706. before the Authority, or its designee, shall be considered by the court, unless the failure or neglect to urge the objection is excused because of extraordinary circumstances. The findings of the Authority with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. If any person applies to the court for leave to adduce additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the hearing before the Authority, or its designee, the court may order the additional evidence to be taken before the Authority, or its designee, and to be made a part of the record. The Authority may modify its findings as to the facts, or make new findings by reason of additional evidence so taken and filed. The Authority shall file its modified or new findings, which, with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The Authority shall file its recommendations, if any, for the modification or setting aside of its original order. Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the judgment and decree shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28. “(d) The Authority may, upon issuance of a complaint as provided in section 7118 of this title charging that any person has engaged in or is engaging in an unfair labor practice, petition any United States district court within any district in which the unfair labor practice in question is alleged to have occurred or in which such person resides or transacts business for appropriate temporary relief (including a restraining order). Upon the filing of the petition, the court shall cause notice thereof to be served upon the person, and thereupon shall have jurisdiction to grant any temporary relief (including a temporary restraining order) it considers just and proper. A court shall not grant any temporary relief under this section if it would interfere with the ability of the agency to carry out its essential functions or if the Authority fails to establish probable cause that an unfair labor practice is being committed. “SUBCHAPTER IV— ADMINISTRATIVE AND OTHER PROVISIONS “§7131. Official time “(a) Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes. “(b) Any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a nonduty status. “(c) Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status. “(d) Except as provided in the preceding subsections of this section— “(1) any employee representing an exclusive representative, or “(2) in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative, shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest. “§7132. Subpenas “(a) Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under section 3105 of this title, and any employee of the Authority designated 5 USC 3105. by the Authority may— “(1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and “(2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence. No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management. “(b) In the case of contumacy or failure to obey a subpena issued under subsection (a)(1) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. “(c) Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States. “§7133. Compilation and publication of data “(a) The Authority shall maintain a file of its proceedings and copies of all available agreements and arbitration decisions, and shall publish the texts of its decisions and the actions taken by the Panel under section 7119 of this title. “(b) All files maintained under subsection (a) of this section shall be open to inspection and reproduction in accordance with the provisions of sections 552 and 552a of this title. 5 USC 552, 552a. “§7134. Regulations “The Authority, the General Counsel, the Federal Mediation and Conciliation Service, the Assistant Secretary of Labor for Labor Management Relations, and the Panel shall each prescribe rules and regulations to carry out the provisions of this chapter applicable to each of them, respectively. Provisions of subchapter II of chapter 5 of this title shall be applicable to the issuance, revision, or repeal of any 5 USC 551. such rule or regulation. “§7135. Continuation of existing laws, recognitions, agreements, and procedures “(a) Nothing contained in this chapter shall preclude— “(1) the renewal or continuation of an exclusive recognition, certification of an exclusive representative, or a lawful agreement between an agency and an exclusive representative of its employees, which is entered into before the effective date of this chapter; or “(2) the renewal, continuation, or initial according of recognition for units of management officials or supervisors represented by labor organizations which historically or traditionally represent management officials or supervisors in private industry and which hold exclusive recognition for units of such officials or supervisors in any agency on the effective date of this chapter. “(b) Policies, regulations, and procedures established under and decisions issued under Executive Orders 11491, 11616, 11636, 11787, and 11838, or under any other Executive order, as in effect on the effective 5 USC 7301 note, 7701 note. date of this chapter, shall remain in full force and effect until revised or revoked by the President, or unless superseded by specific provisions of this chapter or by regulations or decisions issued pursuant to this chapter.”.

2. 1980

   Pub. L. 96–465 title II § 2314(g) · 94 Stat. 2071

   Struck and inserted · 5 U.S.C. § 7103(a)(2)(iv)

   Pub. L. 96–465 struck out “the Agency for International Development, or” after “Department of State,” and inserted “the United States International Development Cooperation Agency, the Department of Agriculture, or the Department of Commerce” after “Communication Agency”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(iv). Pub. L. 96–465 struck out “the Agency for International Development, or” after “Department of State,” and inserted “the United States International Development Cooperation Agency, the Department of Agriculture, or the Department of Commerce” after “Communication Agency”.

   Enacted provision · exact public law section
   (g) Section 7103(a)(2)(iv) of title 5, United States Code, is amended by striking out “the Agency for International Development, or” and inserting before the semicolon “, the United States International Development Cooperation Agency, the Department of Agriculture, or the Department of Commerce”.

3. 1991

   Pub. L. 102–54 § 13(b)(1) · 105 Stat. 267

   Substituted · 5 U.S.C. § 7103(a)(3)

   Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 102–54 substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) The following sections of title 5, United States Code, are amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”: sections 2108(2), 5102(c)(14), 5342(a)(2)(C), 7103(a)(3), 8101(20), 8116(a)(3), 8311(2)(A), and 8311(3)(A).

4. 1994

   Intelligence Authorization Act for Fiscal Year 1995

   Pub. L. 103–359 title V § 501(j) · 108 Stat. 3423

   Added · 5 U.S.C. § 7103(a)(3)(H)

   Pub. L. 103–359 added subpar. (H)

   Source evidence

   Code amendment note
   Subsec. (a)(3)(H). Pub. L. 103–359 added subpar. (H).

   Enacted provision · exact public law section
   (j) Chapter 71 of Title 5.— Section 7103(a)(3) of title 5, United States Code, is amended— (1) by striking “or” at the end of subparagraph (F); (2) by inserting “or” at the end of subparagraph (G); and (3) by adding at the end the following: “(H) the Central Imagery Office,”.

5. 1996

   Department of Defense Civilian Intelligence Personnel Policy Act of 1996

   Pub. L. 104–201 div. A title XVI § 1634(a) · 110 Stat. 2422

   1. Inserted · 5 U.S.C. § 7103(a)(3)(F)(H)

      Pub. L. 104–201 inserted “or” at end of subpar. (F)

   2. Substituted · 5 U.S.C. § 7103(a)(3)(F)(H)

      Pub. L. 104–201 substituted a period for “; or” at end of subpar. (G)

   3. Struck · 5 U.S.C. § 7103(a)(3)(F)(H)

      Pub. L. 104–201 struck out subpar. (H) which read as follows: “the Central Imagery Office;”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(F) to (H). Pub. L. 104–201 inserted “or” at end of subpar. (F), substituted a period for “; or” at end of subpar. (G), and struck out subpar. (H) which read as follows: “the Central Imagery Office;”.

   Enacted provision · exact public law section
   (a) Applicability of Federal Labor-Management Relations System.— Section 7103(a)(3) of title 5, United States Code, is amended— (1) by inserting “or” at the end of subparagraph (F); (2) by striking out “; or” at the end of subparagraph (G) and inserting in lieu thereof a period; and (3) by striking out subparagraph (H).

6. 1998

   Workforce Investment Act of 1998

   Pub. L. 105–220 title III § 341(e) · 112 Stat. 936

   Struck and inserted · 5 U.S.C. § 7103(a)(3)

   Pub. L. 105–220, in introductory provisions, struck out “and” after “Library of Congress,” and inserted “and the Smithsonian Institution” after “Government Printing Office,”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 105–220, in introductory provisions, struck out “and” after “Library of Congress,” and inserted “and the Smithsonian Institution” after “Government Printing Office,”.

   Enacted provision · exact public law section
   (e) Labor-Management Laws.— Section 7103(a)(3) of title 5, United States Code, is amended— (1) by striking “and” after “Library of Congress,”; and (2) by inserting “and the Smithsonian Institution” after “Government Printing Office,”.

7. 1998

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

   Substituted · 5 U.S.C. § 7103(a)(2)(B)(iv)

   Pub. L. 105–277 substituted “Agency for International Development” for “United States International Development Cooperation Agency”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B)(iv). Pub. L. 105–277 substituted “Agency for International Development” for “United States International Development Cooperation Agency”.

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

   Effective date note
   Amendment by Pub. L. 105–277 effective Apr. 1, 1999, see section 1401 of Pub. L. 105–277, set out as an Effective Date note under section 6561 of Title 22, Foreign Relations and Intercourse.

8. 2000

   Consolidated Appropriations Act, 2001

   Pub. L. 106–554 § 1(a)(4)(dB)(tI)(s139) · 114 Stat. 2763

   Added · 5 U.S.C. § 7103(a)(3)(H)

   Pub. L. 106–554 added subpar. (H)

   Source evidence

   Code amendment note
   Subsec. (a)(3)(H). Pub. L. 106–554 added subpar. (H).

   Enacted provision · exact public law section
   (4) H.R. 5666, as introduced on December 15, 2000, except that the text of H.R. 5666, as so enacted, shall not include section 123 (relating to the enactment of H.R. 4904).

9. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 5 U.S.C. § 7103(a)(3)(A)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

   Source evidence

   Code amendment note
   Subsec. (a)(3)(A). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

10 of 11 references resolved to an enrolled provision · 1 partial