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106th Congress (1999-2000)

House Report 106-122

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FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2000

69-006

106TH CONGRESS

Report

HOUSE OF REPRESENTATIVES

1st Session

106-122
FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2000

April 29, 1999- Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
Mr. GILMAN, from the Committee on International Relations, submitted the following
REPORT
together with
ADDITIONAL VIEWS
[To accompany H.R. 1211]
[Including cost estimate of the Congressional Budget Office]

The Committee on International Relations, to whom was referred the bill (H.R. 1211) to authorize appropriations for the Department of State and related agencies for fiscal years 2000 and 2001, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

SECTION 1. SHORT TITLE.

SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--AUTHORIZATIONS OF APPROPRIATIONS
Chapter 1--Department of State
Sec. 101. Administration of foreign affairs.
Sec. 102. International organizations.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Public diplomacy programs.
Sec. 106. Voluntary contributions to international organizations.
Sec. 107. Grants to the Asia Foundation.
Chapter 2--Broadcasting Board of Governors
Sec. 121. International broadcasting.
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Chapter 1--Authorities and Activities
Sec. 201. Authority to lease aircraft to respond to a terrorist attack abroad.
Sec. 202. Report on Cuban drug trafficking.
Sec. 203. Report on compliance with the Hague Convention on International Child Abduction.
Sec. 204. Elimination of obsolete reports.
Sec. 205. Continuation of reporting requirements.
Sec. 206. International arms sales code of conduct.
Sec. 207. Human rights and democracy fellowships.
Sec. 208. Joint funds under agreements for cooperation in environmental, scientific, cultural, and related areas.
Sec. 209. Report on international extradition.
Sec. 210. Effective regulation of satellite export activities.
Chapter 2--Consular And Related Activities
Sec. 251. Deaths and estates of United States citizens abroad.
Sec. 252. Duties of consular officers.
Sec. 253. Machine readable visas.
Sec. 254. Processing of visa applications.
Sec. 255. Repeal of outdated provision on passport fees.
Sec. 256. Fees relating to affidavits of support.
Chapter 3--Refugees
Sec. 271. United States policy regarding the involuntary return of refugees.
Sec. 272. Human rights reports.
Sec. 273. Guidelines for refugee processing posts.
Sec. 274. Vietnamese refugees.
TITLE III--ORGANIZATION OF THE DEPARTMENT OF STATE; PERSONNEL OF THE DEPARTMENT OF STATE AND FOREIGN SERVICE
Chapter 1--Organization of the Department of State
Sec. 301. Establishment of Bureau for International Information Programs and Bureau for Educational and Cultural Exchange Programs.
Sec. 302. Correction of designation of Inspector General of the Department of State.
Chapter 2--Personnel of the Department of State
Sec. 321. Establishment of Foreign Service Star.
Sec. 322. United States citizens hired abroad.
Sec. 323. Border equalization adjustment.
Sec. 324. Treatment of grievance records.
Sec. 325. Report concerning financial disadvantages for administrative and technical personnel.
Sec. 326. Extension of overseas hiring authority.
Sec. 327. Medical emergency assistance.
Sec. 328. Families of deceased foreign service personnel.
Sec. 329. Parental choice in education.
Sec. 330. Workforce planning for foreign service personnel by federal agencies.
Sec. 331. Compensation for survivors of terrorist attacks overseas.
TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS
Sec. 401. Educational and cultural exchanges and scholarships for Tibetans and Burmese.
Sec. 402. Conduct of certain educational and cultural exchange programs.
Sec. 403. Notification to Congress of grants.
Sec. 404. National security measures.
Sec. 405. Designation of North/South Center as the Dante B. Fascell North-South Center.
Sec. 406. Advisory Commission on Public Diplomacy.
Sec. 407. International expositions.
Sec. 408. Royal Ulster Constabulary.
TITLE V--INTERNATIONAL BROADCASTING
Sec. 501. Permanent authorization for Radio Free Asia.
Sec. 502. Preservation of RFE/RL (Radio Free Europe/Radio Liberty).
Sec. 503. Immunity from civil liability for Broadcasting Board of Governors.
TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS
Sec. 601. Interparliamentary groups.
Sec. 602. Authority to assist State and local governments.
Sec. 603. International Boundary and Water Commission.
Sec. 604. Concerning United Nations General Assembly Resolution ES-10/6.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Sense of the Congress concerning support for democracy and human rights activists in Cuba.
Sec. 702. Relating to Cyprus.

SEC. 3. DEFINITIONS.

TITLE I--AUTHORIZATIONS OF APPROPRIATIONS

CHAPTER 1--DEPARTMENT OF STATE

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

SEC. 102. INTERNATIONAL ORGANIZATIONS.

SEC. 103. INTERNATIONAL COMMISSIONS.

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

(a) MIGRATION AND REFUGEE ASSISTANCE-

(b) AVAILABILITY OF FUNDS- Funds appropriated pursuant to this section are authorized to remain available until expended.

SEC. 105. PUBLIC DIPLOMACY PROGRAMS.

SEC. 106. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.

SEC. 107. GRANTS TO THE ASIA FOUNDATION.

CHAPTER 2--BROADCASTING BOARD OF GOVERNORS

SEC. 121. INTERNATIONAL BROADCASTING.

TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

CHAPTER 1--AUTHORITIES AND ACTIVITIES

SEC. 201. AUTHORITY TO LEASE AIRCRAFT TO RESPOND TO A TERRORIST ATTACK ABROAD.

SEC. 202. REPORT ON CUBAN DRUG TRAFFICKING.

SEC. 203. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION.

SEC. 204. ELIMINATION OF OBSOLETE REPORTS.

SEC. 205. CONTINUATION OF REPORTING REQUIREMENTS.

SEC. 206. INTERNATIONAL ARMS SALES CODE OF CONDUCT.

SEC. 207. HUMAN RIGHTS AND DEMOCRACY FELLOWSHIPS.

SEC. 208. JOINT FUNDS UNDER AGREEMENTS FOR COOPERATION IN ENVIRONMENTAL, SCIENTIFIC, CULTURAL AND RELATED AREAS.

SEC. 209. REPORT ON INTERNATIONAL EXTRADITION.

SEC. 210. EFFECTIVE REGULATION OF SATELLITE EXPORT ACTIVITIES.

CHAPTER 2--CONSULAR AND RELATED ACTIVITIES

SEC. 251. DEATHS AND ESTATES OF UNITED STATES CITIZENS ABROAD.

`SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.

`SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.

any time prior to transmission of the estate to the Secretary and demand the proceeds and effects being held by the officer, the officer shall deliver them to the representative after having collected any prescribed fee for the services rendered pursuant to this section.

SEC. 252. DUTIES OF CONSULAR OFFICERS.

SEC. 253. MACHINE READABLE VISAS.

SEC. 254. PROCESSING OF VISA APPLICATIONS.

SEC. 255. REPEAL OF OUTDATED PROVISION ON PASSPORT FEES.

SEC. 256. FEES RELATING TO AFFIDAVITS OF SUPPORT.

CHAPTER 3--REFUGEES

SEC. 271. UNITED STATES POLICY REGARDING THE INVOLUNTARY RETURN OF REFUGEES.

SEC. 272. HUMAN RIGHTS REPORTS.

SEC. 273. GUIDELINES FOR REFUGEE PROCESSING POSTS.

SEC. 274. VIETNAMESE REFUGEES.

TITLE III--ORGANIZATION OF THE DEPARTMENT OF STATE; PERSONNEL OF THE DEPARTMENT OF STATE; FOREIGN SERVICE

CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE

SEC. 301. ESTABLISHMENT OF BUREAU FOR INTERNATIONAL INFORMATION PROGRAMS AND BUREAU FOR EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

SEC. 302. CORRECTION OF DESIGNATION OF INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.

CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE

SEC. 321. ESTABLISHMENT OF FOREIGN SERVICE STAR.

`SEC. 36A. THE FOREIGN SERVICE STAR.

SEC. 322. UNITED STATES CITIZENS HIRED ABROAD.

SEC. 323. BORDER EQUALIZATION ADJUSTMENT.

`SEC. 414. BORDER EQUALIZATION ADJUSTMENT.

SEC. 324. TREATMENT OF GRIEVANCE RECORDS.

SEC. 325. REPORT CONCERNING FINANCIAL DISADVANTAGES FOR ADMINISTRATIVE AND TECHNICAL PERSONNEL.

SEC. 326. EXTENSION OF OVERSEAS HIRING AUTHORITY.

SEC. 327. MEDICAL EMERGENCY ASSISTANCE.

`Sec. 5927. Advances of pay

SEC. 328. FAMILIES OF DECEASED FOREIGN SERVICE PERSONNEL.

SEC. 329. PARENTAL CHOICE IN EDUCATION.

SEC. 330. WORKFORCE PLANNING FOR FOREIGN SERVICE PERSONNEL BY FEDERAL AGENCIES.

SEC. 331. COMPENSATION FOR SURVIVORS OF TERRORIST ATTACKS OVERSEAS.

TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS

SEC. 401. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE.

SEC. 402. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

identify and recruit those most likely to be open to freedom and democracy and to avoid selecting those who are so firmly committed to the suppression of freedom and democracy that their inclusion could create an appearance that the United States condones such suppression.'.

SEC. 403. NOTIFICATION TO CONGRESS OF GRANTS.

SEC. 404. NATIONAL SECURITY MEASURES.

`NATIONAL SECURITY MEASURES

`PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

SEC. 405. DESIGNATION OF NORTH/SOUTH CENTER AS THE DANTE B. FASCELL NORTH-SOUTH CENTER.

SEC. 406. ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

SEC. 407. INTERNATIONAL EXPOSITIONS.

SEC. 408. ROYAL ULSTER CONSTABULARY.

TITLE V--INTERNATIONAL BROADCASTING

SEC. 501. PERMANENT AUTHORIZATION FOR RADIO FREE ASIA.

SEC. 502. PRESERVATION OF RFE/RL (RADIO FREE EUROPE/RADIO LIBERTY).

SEC. 503. IMMUNITY FROM CIVIL LIABILITY FOR BROADCASTING BOARD OF GOVERNORS.

TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS

SEC. 601. INTERPARLIAMENTARY GROUPS.

SEC. 602. AUTHORITY TO ASSIST STATE AND LOCAL GOVERNMENTS.

SEC. 603. INTERNATIONAL BOUNDARY AND WATER COMMISSION.

SEC. 604. CONCERNING UNITED NATIONS GENERAL ASSEMBLY RESOLUTION ES-10/6.

TITLE VII--GENERAL PROVISIONS

SEC. 701. SENSE OF THE CONGRESS CONCERNING SUPPORT FOR DEMOCRACY AND HUMAN RIGHTS ACTIVISTS IN CUBA.

SEC. 702. RELATING TO CYPRUS.

A bill to authorize appropriations for the Department of State and related agencies for fiscal year 2000, and for other purposes.

BACKGROUND AND PURPOSE

H.R. 1211, the Foreign Relations Authorization Act, represents a bipartisan measure to authorize appropriations for fiscal year 2000 for the Department of State and the new functions consolidated within the Department beginning in fiscal year 2000.

It authorizes $6.47 billion in fiscal year 2000 for the operations of the Department of State which includes the consolidated activities of the Arms Control and Disarmament Agency and the U.S. Information Agency.

THE SECURITY OF U.S. PERSONNEL AT OVERSEAS POSTS IS THE COMMITTEE'S TOP PRIORITY

This authorization total includes $1.4 billion in worldwide security enhancements to protect our missions and personnel abroad, the amount recommended in the report of the Accountability Review Boards that investigated the August 1998 bombings of the United States Embassies in Nairobi and Dar es Salaam (the `Crowe Report'). The Committee greatly increased the security authorization above the Administration's $304 million request to be sure that the program could continue. The world continues to be a dangerous place and every effort must be made to secure the lives of United States government employees working abroad.

H.R. 1211 also includes a number of new administrative authorities requested by the executive branch.

AGENCY CONSOLIDATION ISSUES

This budget reflects the first year of the consolidation of the Arms Control and Disarmament Agency and the U.S. Information Agency into the Department of State. This has resulted in the merger of certain accounts for these agencies. In an effort to protect the programs and activities specifically for public diplomacy, the bill requires a separate account for international information programs and establishes two assistant secretaries, one for international information programs and a second for exchange programs under the new position of Under Secretary for Public Diplomacy.

COMMITTEE ACTION

INTRODUCTION AND CONSIDERATION OF THE BILL

H.R. 1211, The Foreign Relations Authorization Act, FY 2000 and 2001, was introduced by Rep. Smith (NJ) on March 22, 1999, and referred to the Committee on International Relations.

On February 25, 1999, the Committee held a hearing on the President's FY 2000 International Affairs Budget Request, with Secretary of State Madeleine Albright testifying.

On March 2, 1999, the Subcommittee on International Operations and Human Rights held a hearing on the Foreign Relations Authorization for FY 2000-2001: Department of State Management Initiatives. The witnesses included Hon. Bonnie Cohen, Under Secretary for Management, Department of State; and Hon. Patrick Kennedy, Assistant Secretary for Administration, Department of State.

On March 4, 1999, the Subcommittee on International Operations and Human Rights held a hearing on the Foreign Relations Authorization for FY 2000-2001: Public Diplomacy Programs. The witnesses for this hearing included: Hon. Penn Kemble, Acting Director, United States Information Agency; Mr. Edward E. Kaufman, Member, Board of Broadcasting Governors; and Mr. Carl Gershman, President, National Endowment for Democracy.

On March 9, 1999, the Subcommittee on International Operations and Human Rights held a hearing on the Foreign Relations Authorization for FY 2000-2001: Refugees and Migration. The witnesses included Hon. Julia V. Taft, Assistant Secretary, Bureau of Population, Refugees, and Migration, Department of State; Ms. Karen AbuZayd, Regional Representative, United Nations High Commissioner for Refugees; Mr. Reynold Levy, President and Chief Executive Officer, International Rescue Committee; Mr. Donald Hammond, Senior Vice President, World Relief; Ms. Diana Aviv, Senior Associate Executive Vice President, Council of Jewish Federations; and Mr. Lionel Rosenblatt, President, Refugees International.

On March 12, 1999, the Subcommittee on International Operations and Human Rights held a hearing on the Foreign Relations Authorization for FY 2000-2001: Security of United States Missions Abroad. The witnesses for this hearing included: Admiral William J. Crowe, Jr., Chairman of the Accountability Review Board; Mr. Daniel F. Geisler, President, American Foreign Service Association; and Hon. David G. Carpenter, Assistant Secretary for Diplomatic Security, Department of State.

MARKUP OF THE BILL

On March 23, 1999, the Subcommittee on International Operations and Human Rights marked up the bill in open session, pursuant to notice. The Subcommittee favorably reported the bill, as amended, to the Full Committee.

The Full Committee marked up the bill, pursuant to notice, in open session, on April 14 and 15, 1999. An amendment in the nature of a substitute was offered, amended, and adopted. On April 15, 1999, a quorum being present, the Committee by voice vote ordered the bill reported to the House, with the recommendation that the bill, as amended, do pass.

ROLLCALL VOTES

RECORD VOTES ON AMENDMENTS AND MOTION TO REPORT

Clause (3)(b) of rule XIII of the Rules of the House of Representatives requires that the results of each record vote on an amendment or motion to report, together with the names of those voting for or against, be printed in the committee report.

Description of amendment, motion, order, or other proposition (votes during markup of H.R. 1211--April 14, 1999)

Vote No. 1 (12:17 p.m.)--Campbell amendment regarding the United Nations Population Fund (`UNFPA'), provides that no U.S. funds are spent in China while still enabling the U.S. to contribute to UNFPA programs in other parts of the world.

Voting Yes: Gilman, Leach, Campbell, Cooksey, Gejdenson, Berman, Ackerman, Martinez, Payne, Menendez, Brown, McKinney, Hilliard, Sherman, Wexler, Rothman, Davis, Pomeroy, Delahunt, Meeks, Lee, Crowley, and Hoeffel.

Voting No: Goodling, Hyde, Bereuter, Smith, Burton, Ros-Lehtinen, Ballenger, Rohrabacher, Manzullo, King, Chabot, Sanford, Salmon, McHugh, Brady, Burr, and Tancredo.

Ayes 23. Noes 17.

Vote No. 2 (12:54 p.m.)--Sanford amendment that cuts funds to the Asia Foundation, North-South Center, and East-West Center to FY 98 levels.

Voting Yes: Goodling, Ballenger, Rohrabacher, Manzullo, Chabot, Sanford, Salmon, Burr, Cooksey, and Tancredo.

Voting No: Gilman, Hyde, Bereuter, Smith, Ros-Lehtinen, King, Houghton, McHugh, Brady, Gejdenson, Berman, Ackerman, Martinez, Payne, Menendez, Brown, McKinney, Hilliard, Sherman, Wexler, Rothman, Davis, Pomeroy, Delahunt, Meeks, Lee, Crowley, and Hoeffel.

Voting `Present': Campbell.

Ayes, 10. Noes, 28. Present, 1.

Vote No. 3 (4:50 p.m.)--Gejdenson amendment to Rohrabacher amendment that deletes language which prohibits preferential treatment and expedited approval for licenses for exports of satellites and related items being extended to the PRC and to countries which represent a national security threat to the U.S. or judged as likely to transfer such items to such countries.

Voting Yes: Bereuter, Houghton, Campbell, Burr, Gejdenson, Berman, Ackerman, Martinez, Payne, Menendez, McKinney, Danner, Rothman, Davis, Pomeroy, Delahunt, Meeks, Lee, Crowley, and Hoeffel.

Voting No: Gilman, Goodling, Smith, Rohrabacher, Royce, King, Chabot, Sanford, McHugh, Brady, Gillmor, Cooksey, Tancredo, and Sherman.

Ayes, 20. Noes, 14.

Description of amendment, motion, order, or other proposition (votes during markup of H.R. 1211--April 15, 1999)

Vote No. 1 (2:54 p.m.)--Menendez amendment which adds new title: `Title VII--General Provisions, Sec. 701. Relating to Cyprus.'

Voting Yes: Gilman, Goodling, Royce, King, Chabot, Radanovich, Gejdenson, Berman, Ackerman, Payne, Menendez, McKinney, Danner, Hilliard, Sherman, Wexler, Rothman, Davis, Pomeroy, Meeks, Lee, Crowley, and Hoeffel.

Voting No: Bereuter, Burton, Ballenger, Rohrabacher, Sanford, Houghton, Campbell, McHugh, Burr, Gillmor, and Cooksey.

Ayes, 23. Noes, 11.

Note: The bill was ordered favorably reported, as amended, by voice vote, a quorum being present, on April 15, 1999.

OTHER MATTERS

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the House of Representatives, the Committee reports the findings and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report.

COMMITTEE ON GOVERNMENT REFORM FINDINGS

Clause 3(c)(4) of rule XIII of the Rules of the House of Representatives requires each committee report to contain a summary of the oversight findings and recommendations made by the Government Reform Committee pursuant to clause (4)(c)(2) of rule X of those Rules. The Committee on International Relations has received no such findings or recommendations from the Committee on Government Reform.

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the Federal Advisory Committee Act were created by this legislation.

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act.

CONSTITUTIONAL AUTHORITY STATEMENT

In compliance with clause 3(d)(1) of rule XIII of the Rules of the House of Representatives, the Committee cites the following specific powers granted to the Congress in the Constitution as authority for enactment of H.R. 1211 as reported by the Committee: Article I, section 8, clause 1 (relating to providing for the common defense and general welfare of the United States); Article I, section 8, clause 3 (relating to the regulation of commerce with foreign nations); and Article I, section 8, clause 18 (relating to making all laws necessary and proper for carrying into execution powers vested by the Constitution in the government of the United States).

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the report of any committee on a bill or joint resolution to include a committee statement on the extent to which the bill or joint resolution is intended to preempt state or local law. The Committee states that H.R. 1211 is not intended to preempt any state or local law.

NEW BUDGET AUTHORITY AND TAX EXPENDITURES, CONGRESSIONAL BUDGET OFFICE COST ESTIMATE, AND FEDERAL MANDATES STATEMENTS

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives requires each committee report that accompanies a measure providing new budget authority, new spending authority, or new credit authority or changing revenues or tax expenditures to contain a cost estimate, as required by section 308(a)(1) of the Congressional Budget Act of 1974, as amended, and, when practicable with respect to estimates of new budget authority, a comparison of the estimated funding level for the relevant program (or programs) to the appropriate levels under current law.

Clause 3(d) of rule XIII of the Rules of the House of Representatives requires committees to include their own cost estimates in certain committee reports, which include, when practicable, a comparison of the total estimated funding level for the relevant program (or programs) with the appropriate levels under current law.

Clause 3(c)(3) of rule XIII of the Rules of the House of Representatives requires the report of any committee on a measure which has been approved by the Committee to include a cost estimate prepared by the Director of the Congressional Budget Office, pursuant to section 403 of the Congressional Budget Act of 1974, if the cost estimate is timely submitted.

Section 423 of the Congressional Budget Act requires the report of any committee on a bill or joint resolution that includes any Federal mandate to include specific information about such mandates. The Committee states that H.R. 1211 does not include any Federal mandate.

The Committee adopts the cost estimate of the Congressional Budget Office as its own submission of any new required information with respect to H.R. 1211 on new budget authority, new spending authority, new credit authority, or an increase or decrease in the national debt. It also adopts the estimate of Federal mandates prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. The estimate and report which has been received is set out below.

U.S. Congress,

Congressional Budget Office,

Washington, DC, April 28, 1999.

Hon. BENJAMIN A. GILMAN,
Chairman, Committee on International Relations,
House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office (CBO) has prepared the enclosed cost estimate for H.R. 1211, the Foreign Relations Authorization Act, Fiscal Year 2000.

If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Sunita D'Monte.

Sincerely,

Barry B. Anderson

(For Dan L. Crippen, Director).

Enclosure.

H.R. 1211--Foreign Relations Authorization Act, Fiscal Year 2000

Summary: The bill would authorize appropriations for the Department of State and related agencies for 2000. CBO estimates that appropriation of the authorized amounts would result in additional discretionary spending of $7.3 billion over the 2000-2004 period. Because the legislation would affect direct spending and revenues, pay-as-you-go procedures would apply, but the impact would generally be less than $500,000 a year.

H.R. 1211 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would have no significant effects on the budgets of state, local, or tribal governments.

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1211 is shown in the following table. CBO assumes that the authorized amounts would be appropriated by the start of each fiscal year and that outlays would follow historical spending patterns. The costs of this legislation fall within budget functions 150 (international affairs) and 300 (natural resources and environment). 



----------------------------------------------------------------------------------------------------------------------------------------------------


                                                                               By fiscal years, in millions of dollars--                            


                                                                                                                    1999  2000  2001 2002 2003 2004 


----------------------------------------------------------------------------------------------------------------------------------------------------


SPENDING SUBJECT TO APPROPRIATION                                                                                                                   


Spending Under Current Law 1 :                                                                                                                      


Budget Authority 2                                                                                                 7,198     0     0    0    0    0 


Estimated Outlays                                                                                                  5,944 1,317   609  470  146   74 


Proposed Changes:                                                                                                                                   


Administration of Foreign Affairs:                                                                                                                  


Authorization Level                                                                                                    0 4,280     0    0    0    0 


Estimated Outlays                                                                                                      0 2,321   605  439  444  217 


International Organizations and Commissions:                                                                                                        


Authorization Level                                                                                                    0 1,248     0    0    0    0 


Estimated Outlays                                                                                                      0 1,211    30    5    2    0 


Voluntary Contributions to International Organizations and Refugee Assistance:                                                                      


Authorization Level                                                                                                    0 1,043     0    0    0    0 


Estimated Outlays                                                                                                      0   781   231   11    5    1 


Public Diplomacy Programs and Asia Foundation:                                                                                                      


Authorization Level                                                                                                    0 1,046     0    0    0    0 


Estimated Outlays                                                                                                      0   785   201   35   13    2 


Other Provisions:                                                                                                                                   


Estimated Authorization Level                                                                                          0     0     1    1    1    1 


Estimated Outlays                                                                                                      0    -3     0    0    1    1 


Estimated Authorization Level                                                                                          0 7,617     1    1    1    1 


Estimated Outlays                                                                                                      0 5,095 1,067  490  465  221 


Spending Under H.R. 1211: 1                                                                                                                         


Estimated Authorization Level 2                                                                                    7,198 7,617     1    1    1    1 


Estimated Outlays                                                                                                  5,944 6,412 1,676  960  611  295 


DIRECT SPENDING AND REVENUES                                                                                                                        


Proposed Changes to Direct Spending:                                                                                                                


Estimated Budget Authority                                                                                            3     3     3    3    3    3  


Estimated Outlays                                                                                                     3     3     3    3    3    3  


Proposed Changes to Revenues                                                                                          3     3     3    3    3    3  


----------------------------------------------------------------------------------------------------------------------------------------------------


Basis of Estimate

Spending subject to appropriation

CBO estimates that the bill would result in outlays totaling $7.3 billion over the 2000-2004 period, assuming appropriation of the authorized amounts. In addition to stated authorizations totaling $7.6 billion, the bill contains a number of other provisions with potential budgetary impacts.

Fees for Affidavits of Support. Section 256 would authorize the State Department to charge a fee for helping to prepare certain affidavits as part of an immigrant visa application. Proceeds from the fees would be deposited as offsetting collections and would be available for spending, subject to appropriation. Based on information from the department, CBO estimates that it would charge a $50 fee and collect roughly $17 million a year. Because spending would initially lag behind collections, this provision would lower net outlays by  $3 million in 2000 and $1 million each year in 2001 and 2002 before spending would completely offset collections.

Miscellaneous Provisions. The bill includes several provisions that would combine to raise spending subject to appropriation by about $1 million annually, but each provision would probably cost less than $500,000 a year. The individual budgetary impacts are insignificant because they would involve small payments either to a few people or for infrequent events.

 Section 206 would require the Secretary of State to negotiate a code of conduct for international arms sales with all countries who are parties to Wassenaar Arrangement.

 Section 322 would allow U.S. citizens hired abroad to receive a different (usually higher) amount of compensation than a foreign national employed in the same position.

 Section 323 would grant employees living in the United States and working in Canada or Mexico adjustments for locality pay equal to what they would receive if they worked nearby in the United States.

 Section 326 would expand the Secretary of State's authority to allow other agencies to use the U.S. Foreign Service personnel system and appointed individuals hired abroad as members of the Service.

 Section 327 would authorize advances of pay for employees with medical emergencies.

 Section 328 would authorize allowances to compensate dependents of a deceased employee who are returning to the United States.

 Section 329 would allow employees working abroad who send a dependent to school away from their post to use an education allowance to pay for room, board, and periodic travel between the post and school.

Direct spending

The bill would affect direct spending by less than $500,000 in most years.

Deaths and Estates of U.S. Citizens Overseas. Section 251 would expand the authority of the State Department to oversee and liquidate the estates of U.S. citizens who lived overseas but died intestate. Under current law, the department is authorized to take possession, oversee, and dispose of estates. After a certain period, if no claims have been made against the estate, the proceeds from the sale are transferred to the U.S. state in which the deceased citizen last lived. If the state is unknown, the proceeds are deposited into the Treasury as miscellaneous receipts (revenues).

The bill would make three substantive changes that would increase miscellaneous receipts. First, if the country in which the citizen died is unable to issue a death certificate, the State Department would issue a report of death (or presumptive death), which would allow for the disposition of the estate. The $10 fee charged for the report would be deposited in the Treasury. (The fee and other expenses associated with disposition of the estate are paid by the estate.) Second, instead of transferring the proceeds of the sale to the U.S. state, these proceeds would be deposited directly into the Treasury. Finally, the bill would allow the State Department to take title to any real property. The department would have the option to retain the property for its own use  or sell it and deposit the proceeds in the Treasury. CBO estimates that these changes would raise miscellaneous receipts by less than $500,000 in rare instances.

Appropriation of Interest. Section 208 would authorize the State Department to spend interest that is earned on funds made available for cooperation in scientific, cultural, and related areas. Under current law, such funds are deposited in interest-bearing accounts, and accrued interest is retained in the account. Based on information from the State Department, CBO estimates that the department would earn 5 percent interest on approximately $1.5 million and would increase spending by about $75,000 a  year,

Reimbursements From a State. Section 602 would authorize the commissioner of the International Boundary and Water Commission to accept and spend funds from state and local governments. Upon request, those contributions would be used to provide technical tests, surveys, or similar services. CBO  estimates that collections and spending would not be significant in any year.

Pay-as-you-go considerations: The bill contains several provisions that affect direct spending and revenues, but the net impact is estimated to be less than $500,000 a year.

Intergovernmental and private-sector impact: H.R. 1211 contains no intergovernmental or private-sector mandates as defined in UMRA and would have no significant effects on the budgets of state, local, or tribal governments.

Estimate prepared by: Federal Costs: Sunita D'Monte for the Department of State, Gary Brown for the International Boundary and Water Commission, and Jennifer Winkler for employee compensation. Impact on State, local, and tribal governments: Leo Lex. Impact on the private sector: Keith Mattrick.

Estimate approved by: Robert A. Sunshine, Deputy Assistant Director for Budget Analysis.

SECTION-BY-SECTION ANALYSIS


TITLE I--AUTHORIZATION OF APPROPRIATIONS


Section 101. Authorization of Appropriations--Administration of Foreign Affairs. This section authorizes a State Department FY 2000 operating budget of $3.52 billion, approximately $1 billion more than the Administration requested for these activities, due to an increase in funding to improve security at U.S. posts abroad.

101(1). Diplomatic and Consular Programs. This section authorizes $2,531,775,000 for fiscal year 2000 for diplomatic and consular programs. As requested by the State Department, this account reflects the merger of the salaries and expenses account with the diplomatic and consular programs account. Operating and representational expenses for International Information Programs (formerly managed by the U.S. Information Agency) can be found in section 105(1).

Of that total amount, $254,000,000 is specifically authorized for worldwide security upgrades, $15,000,000 is for salaries and expenses of the Department's Bureau of Democracy, Human Rights, and Labor, and $2,000,000 is for the recruitment of members of minority groups for careers in the Foreign Service and international affairs. An additional $1,000,000 is available for the democracy fellows program.

Security. The supplemental appropriations for security enhancements (PL 105-277) provides for additional diplomatic security agents. The Committee expects that the deployment of additional regional security officers will increase the effectiveness of the security profile at the overseas posts. This includes aggressive programs to train local guards in various crisis situations and to administer regular training drills for local guards and embassy staff. Crisis preparation requires the cooperation of all personnel and post leadership should make these activities a priority.

In addition, the Committee hopes to see efforts by Diplomatic Security, where appropriate, to routinely rotate local guards (both their location and their shifts) to avoid complacency and efforts by potential terrorists to compromise them and their duties to protect U.S. assets. The Committee expects that a close working relationship at post between the regional security officers and the marine security guard detachment commanders will help to maintain first rate local guard forces.

It is hoped that specialized security expertise, related to physical, technical or terrorism issues, will be made available, as needed, to posts to augment the regional security office.

In a March 12, 1999 hearing, the Committee heard testimony from Admiral William Crowe (Ret.), Chairman of the two Accountability Review Boards that investigated and reported on the August 1998 bombings of U.S. embassies in Nairobi and Dar es Salaam. Admiral Crowe's report found that 85 percent of U.S. overseas posts still fall short of the security standards recommended in the 1985 report of the Advisory Panel on Overseas Security. Short of relocating U.S. diplomatic posts to achieve adequate setback from roadways and urban areas, steps can and must be taken to `toughen' our posts overseas.

Admiral Crowe in his testimony highlighted the lethal role windows and flying glass played in the African bombings. He cited windows as his number one security concern, and advocated the use of laminated safety glass.

Although the State Department needs flexibility in implementing the recommendations in the report, the Committee believes certain steps must be taken. For example, new construction and major renovations should include the use of high tech glazing like laminated safety glass which has demonstrated its worth in resisting shattering in bomb attacks. In some cases where security upgrades are planned, the State Department should use film that is of sufficient thickness and properly installed to protect human lives in bomb attacks.

101(2). Capital Investment Fund. Authorizes $90,000,000 for fiscal year 2000 to modernize the Department's computer systems.

101(3). Security and Maintenance of United States Missions. Authorizes $1,580,066,000 for the security and maintenance of U.S. missions abroad in fiscal year 2000. This is $1,096,000,000 more than the Administration's request. $1,146,000,000 of that total is specifically authorized for security upgrades, to cover the costs of the relocation and construction necessary to rectify security deficiencies at posts abroad, such as those recently identified in the Crowe Report on the 1998 bombings of the United States Embassies in Kenya and Tanzania.

Embassy Tashkent: The Committee notes with concern the continued inadequacy of U.S. chancery facilities in Tashkent, Uzbekistan. For eight years, this facility has failed to meet minimal standards for security, quality of life, and office efficiency. Recent bombings only serve to highlight the need to address these shortfalls in as expeditious a manner as possible. Its size, population, and strategic location suggest that bilateral relations with Uzbekistan will deepen and broaden in the years ahead. As a result, the responsibilities of U.S. diplomats in Tashkent are certain to increase.

Report on Overseas Rent: The Committee directs the Secretary of State to study and report within nine months of the enactment of this bill (a) assessing the options for establishing a system to charge State and non-State agencies for their use of non-residential space overseas; (b) the amount of revenue that would be generated; (c) how charges would be determined; (d) how the system would be implemented and the administrative burdens involved with that implementation, and (e) what changes in law or regulation would be necessary to implement such a system.

A few years ago an interagency system known as ICASS was established to distribute the costs of services provided by State to non-State agencies at overseas posts. One area not addressed by the ICASS agreement was a system of charging rent for overseas non-residential space that the State Department either leases long-term or owns. In addition, State's bureaus are not charged for their use

of space: they do not benefit from decisions to use less space, nor do they face any consequences from over-use of space. The Committee is concerned that this is resulting in inefficiencies.

The Committee believes the Department should develop a reasonable system to assess charges for space occupied in overseas non-residential facilities. Distinctions made among short-term, long-term, and owned space should be harmonized to provide for the most cost-effective means of managing these properties.

The occupancy of real estate is seen as `free' by the Department's bureaus in all overseas office space, and is similarly seen as `free' for other foreign affairs agencies in all non-residential space that is owned or on long-term leases. Accordingly, there will be an inevitable tendency to make space allocation decisions on bureaucratic or political grounds rather than on efficiency grounds. First, more space may be occupied than is really necessary or economically justifiable. Second, non-State agencies will push to be in space that is owned by the government or held under long-term leases rather than in short-term leased space--as they are charged rent for the latter and not the former. State, on the other hand, will push to have them in space under short-term leases, so that rent can be collected. These decisions should be made with the aid of the market mechanism of charging rent. Finally, the Committee has learned that the Department concluded, in at least one important project, a series of short-term leases, rather than a long-term lease, for the principal purpose of being able to charge tenant agencies rent. While the Committee applauds the Department for making sure tenant agencies were charged rent, this arrangement was probably not the optimal one for the taxpayer: the Department should be able both to charge rent and to conclude a long-term lease or purchase of the building.

If a comprehensive rent collection system were established, rents collected could be used by the Department to maintain and purchase its overseas buildings, operating much the way General Services Administration does in the United States. The Department should exempt unique government required security measures from any rental assessments.

101(4). Representation Allowances. Authorizes $4,450,000 for fiscal year 2000 to be used for the partial reimbursement of the costs incurred by Department officials for official representation overseas. Representational funds for public diplomacy can be found in section 105(1).

101(5). Emergencies in the Diplomatic and Consular Service. Authorizes $17,000,000 for fiscal year 2000 for emergencies, such as evacuations of American citizens abroad, and for the payment of rewards, such as for information regarding international terrorism and narcoterrorism. In addition, certain representational expenses of certain senior Department officials are authorized in this account.

101(6). Office of the Inspector General. Authorizes $30,054,000 for fiscal year 2000 for the Office of the Inspector General.

101(7). American Institute in Taiwan. Authorizes $15,760,000 for fiscal year 2000 for the operations of the American Institute in Taiwan (AIT). The Committee is aware of the need to improve the facilities at the American Institute in Taiwan. AIT is currently developing options for a new facility and anticipates having a cost estimate before the end of the fiscal year 1999. While AIT is saving funds for the construction project, the Committee would support a designated capital project fund within the AIT account to more fully support the construction program in the next budget request (FY 01).

101(8). Protection of Foreign Missions and Officials. Authorizes $9,490,000 for fiscal year 2000 for the protection of foreign missions and officials.

101(9). Repatriation Loans. Authorizes $1,200,000 for fiscal year 2000 for repatriation loans.

Section 102. International Organizations.

102(a). Assessed Contributions to International Organizations. Authorizes $963,308,000 for fiscal year 2000 for assessed contributions to international organizations.

102(b). Assessed Contributions for International Peacekeeping Activities. Authorizes $235,000,000 for fiscal year 2000 for assessed contributions for international peacekeeping activities.

Section 103. International Commissions. Authorizes $20,413,000 for fiscal year 2000 for salaries and expenses and $8,435,000 for fiscal year 2000 for construction of the International Boundary and Water Commission. Authorizes $859,000 for fiscal year 2000 for the International Boundary Commission, United States and Canada. Authorizes $3,819,000 for fiscal year 2000 for the International Joint Commission. Authorizes $16,702,000 for fiscal year 2000 for the International Fisheries Commission. These organizations are responsible for boundary, water, and resource issues along U.S. borders and adjacent waters.

Section 104. Migration and Refugee Assistance. This section authorizes $750 million for fiscal year 2000 for Migration and Refugee Assistance. This section contains specific authorizations for refugees resettling in Israel ($60 million), humanitarian assistance for displaced Burmese ($2 million), Tibetan refugees in India and Nepal ($2 million), and assistance for Sierra Leoneans who have been severely mutilated ($2 million).

The $750 million authorized in the bill would partially compensate for cuts in the refugee account over the last five years. In FY 1995 the amount made available for refugee protection, resettlement, and bureau salaries and expenses was $683 million, or between $751 million and $785 million in inflation-adjusted FY 2000 dollars. The Administration's budget request of $660 million would therefore impose a real cut of between 12 and 20 percent on refugees. By contrast, other State Department accounts have been increased 19.9% since 1995, which more than compensates for inflation. The bill's refugee authorization of $750 million represents a 9.8% increase above FY95--less

than half the 19.9% increase provided for other State Department accounts during the same period.

Section 105. Public Diplomacy Programs.

105(1). International Information Programs. This section authorizes $305,997,000 for fiscal year 2000 for international information (formerly managed by USIA) of which $1.4 million is for representational activities.

105(2). Educational and Cultural Exchange Programs. This section authorizes $112,000,000 for the Fulbright exchange program and $98,329,000 for other exchange programs including South Pacific Exchanges ($750,000), East Timorese Scholarships ($500,000), Tibetan exchanges ($500,000), and African exchanges ($500,000).

105(3). Center for Cultural and Technical Interchange between East and West. This section authorizes for fiscal year 2000 $17,500,000 for the East-West Center. These funds are for operations and expansion of programs of constructive involvement with nations in Asia and the Pacific through education, research and outreach. The Committee recognizes the urgent needs to address crucial economic, political and security issues in the Asia-Pacific region that affect vital long-term interests of the U.S. Recent events such as the 1996 Taiwan Strait confrontation with China, the ongoing nuclear and ballistic missile crisis with North Korea, and the Asian financial meltdown, necessitate that the U.S. focus resources and attention to this part of the world.

Of the funds authorized for the East-West Center, it is the intent of the Committee that $1 million shall be used for the Center's establishment of an Ocean Resources Institute which shall focus on U.S. interests in the research, development and management of maritime resources of the Western and Central Pacific Ocean. Much of these valuable marine assets--including fisheries, seabed minerals and undersea energy resources--are within the exclusive economic zone and surrounding waters of Pacific Island nations, and it is important that the United States take steps now to facilitate access to these undersea resources for the next century.

105(4). National Endowment for Democracy (NED). This section authorizes for fiscal year 2000 $34,000,000 for the NED. Of the total, $2 million is available only for a new initiative, the Reagan-Fascell Fellows program for international democracy activists and scholars to study and exchange views with other activists and scholars.

105(5). Dante B. Fascell North-South Center. This section authorizes $2,500,000 for the Dante B. Fascell North-South Center.

Georgetown University--The Committee recommends that the State Department consider multi-year assistance for Georgetown University's Center for Australian and New Zealand Studies. The five year grant program would enable the Center to develop its core academic program continuing the education for hundreds of American undergraduates about Australia. It would include American and Australian faculty and a number of Australian exchange students at Georgetown. The recommendation is for a total State Department commitment of $2.9 million over a five year period with grants starting at $400,000 in FY 2000, and increasing to $500,000 in FY 2001, $600,000 in FY 2002, $700,000 in FY 2003 and, $700,000 in FY 2004. The increase in later years would allow more exchange students to participate.

The Australian students would be undergraduates, chosen competitively from those Australian universities with which Georgetown has exchange agreements (these students would continue to pay regular Australian tuition). The grants envisaged here would cover international travel, room, and board. Initially these students would come for one semester each. This grant would be supplemented by private sector fundraising to cover the Center's operating expenses.

Section 106. Voluntary Contributions to International Organizations. This section authorizes $293,000,000 in voluntary contributions to international organizations for fiscal year 2000. It includes specific authorizations for the World Food Program ($5,000,000), the UN Voluntary Fund for Victims of Torture ($5,000,000), and the International Program on the Elimination of Child Labor ($5,000,000). This section also specifies:







Section 107. Grants to the Asia Foundation. This section authorizes $15,000,000 for fiscal year 2000 for grants to the Asia Foundation.

Section 121. International Broadcasting. This section authorizes for fiscal year 2000 the following amounts for the Broadcasting Board of Governors to carry out certain international broadcasting activities.

121(1). International Broadcasting Operations. This section authorizes $385,900,000 for fiscal year 2000 for International Broadcasting Operations, and directs the Broadcasting Board of Governors to ensure that amounts spent on broadcasting to nations whose governments deny freedom and democracy do not decline in proportion to the amounts spent on broadcasting to other nations.

121(2). Broadcasting Capital Improvements. This section authorizes $20,868,000 for fiscal year 2000 for capital improvements.

121(3). Radio Free Asia. This section authorizes $30,000,000 for fiscal year 2000 for Radio Free Asia.

121(4). Broadcasting to Cuba. This section authorizes $22,743,000 for fiscal year 2000 for Cuba broadcasting, and specifies that $712,000 of the amount authorized is to be used to strengthen and improve the transmission capabilities of Radio and TV Marti.

Note- For the convenience of Members, a comparative table of the authorizations in this bill appears on the following pages.



FOREIGN RELATIONS AUTHORIZATION ACT FOR FISCAL YEARS 2000 AND 2001


($000s)


----------------------------------------------------------------------------------------------------------------------------------------------------------


International Relations Committee Account                                 Fiscal years--                                                                  


                                                                           1998, actuals 1999, enacted 2000, President's request 2000, H.R. 1211 reported 


----------------------------------------------------------------------------------------------------------------------------------------------------------


Administration of Foreign Affairs:                                                                                                                        


Diplomatic and Consular Programs                                               1,646,801     1,643,800                 2,583,772                2,260,775 


Worldwide Security Upgrades                                                            0       785,700                   254,000                  254,000 


Bureau of Democracy, Human Rights and Labor Earmark                                    0             0                         0                   15,000 


Recruitment of Minority Groups Earmark                                                 0             0                         0                    2,000 


National Law Center for Inter-American Free Trade Earmark                              0           500                         0                        0 


*Note--FY100 Funds for Public Diplomacy are in a separate account, below.                                                                                 


Subtotal                                                                       1,646,801     2,430,000                 2,837,772                2,531,775 


Salaries and Expenses                                                            353,905       353,374                         0                        0 


Pres. Adv. Comm. on Holocaust Assets Earmark                                           0           813                         0                        0 


Capital Investment Fund                                                           86,000       137,890                    90,000                   90,000 


Subtotal                                                                         439,905       492,077                    90,000                   90,000 


Security and Maintenance of United States Missions                               397,943       403,561                   434,066                  434,066 


Security Upgrades for United States Missions                                           0       627,000                    49,617                1,146,000 


Subtotal                                                                         397,943     1,030,561                   483,683                1,580,066 


Representation Allowances                                                          4,200         4,350                     5,850                    4,450 


Emergencies in the Diplomatic and Consular Service                                 5,356        15,500                    17,000                   17,000 


Office of the Inspector General                                                   27,495        28,495                    30,054                   30,054 


OIG Supplemental                                                                       0         1,000                         0                        0 


Payment to the American Institute in Taiwan                                       14,000        14,750                    15,760                   15,760 


Protection of Foreign Missions and Officials                                       7,900         8,100                     9,490                    9,490 


Repatriation Loans                                                                 1,344         1,200                     1,200                    1,200 


Subtotal                                                                          60,295        73,395                    79,354                   77,954 


International Organizations:                                                                                                                              


Assessed Contributions to International Organizations                            888,883       922,000                   963,308                  963,308 


Assessed Contributions for International Peacekeeping                            210,632       231,000                   235,000                  235,000 


Subtotal                                                                       1,099,515     1,153,000                 1,198,308                1,198,308 


International Commissions:                                                                                                                                


International Boundary Water Comm'n Salaries & Expenses                           17,490        19,551                    20,413                   20,413 


IBC Construction                                                                   6,463         5,939                     8,435                    8,435 


American Sections: IBC                                                               761             0                       859                      859 


American Sections: IJC                                                             3,189             0                     3,819                    3,819 


American Sections: BECC                                                            1,540         5,733                     1,815                        0 


International Boundary Commission, US and Canada                                                                                                          


International; Fisheries Commission                                               14,549        14,549                    16,702                   16,702 


Subtotal                                                                          43,992        45,772                    52,043                   50,228 


Migration and Refugee Assistance:                                                                                                                         


Migration and Refugee Assistance                                                 553,384       568,000                   660,000                  684,000 


Tibetan and Refugees in India and Nepal                                                0         2,000                         0                    2,000 


Refugees Resettling in Israel                                                     80,000        70,000                         0                   60,000 


Humanitarian Assistance for Displaced Burmese                                          0             0                         0                    2,000 


Assistance for Displaced Sierra Leoneans                                               0             0                         0                    2,000 


Administration (Up To This Amount)                                                12,000             0                         0                        0 


UN Fund for Vulnerable Children                                                    5,000             0                         0                        0 


Subtotal                                                                         650,384       640,000                   660,000                  750,000 


Public Diplomacy:                                                                                                                                         


International Information Programs                                               427,097       455,246                         0                  305,997 


Technology                                                                         5,050             0                         0                        0 


Subtotal                                                                         432,147       455,246                         0                  305,997 


Fulbright Academic Exchange Programs                                             100,000        95,000                         0                  112,000 


Other Education and Cultural Exchange Programs                                    97,731        58,874                   210,329                   96,079 


South Pacific Exchanges Earmark                                                        0           500                         0                      750 


East Timorese Exchanges Earmark                                                        0             0                         0                      500 


Tibetan Exchanges                                                                      0             0                         0                      500 


African Exchanges                                                                      0             0                         0                      500 


Subtotal                                                                         197,731       154,374                   210,329                  210,329 


Center for Cultural Exchange Between East and West                                12,000        12,500                    12,500                   17,500 


National Endowment for Democracy                                                  30,000        31,000                    32,000                   34,000 


Reagan-Fascell Democracy Fellows                                                       0             0                         0                  [2,000] 


Dante B. Fascell North-South Center                                                1,500         1,750                     2,500                    2,500 


Subtotal                                                                          43,500        45,250                    47,000                   54,000 


Voluntary Contributions to International Organizations:                                                                                                   


Voluntary Contributions                                                          189,000       179,000                   286,500                  277,760 


World Food Program Earmark                                                         4,000         5,000                     3,500                    5,000 


United Nations Voluntary Fund for Victims of Torture Earmark                       1,500         3,000                     3,000                    5,000 


Internat'l Program for the Elimination of Child Labor Earmark                          0             0                         0                    5,000 


OAS W. Hemisphere Rapporteur on Expression Earmark                                     0             0                         0                      240 


Subtotal                                                                         194,500       187,000                   293,000                  293,000 


Asia Foundation                                                                    8,000         8,250                    15,000                   15,000 


Subtotal                                                                           8,000         8,250                    15,000                   15,000 


International Broadcasting Operations                                            388,644       384,460                   431,772                  385,900 


Broadcasting Capital Improvements                                                 42,866        13,245                    20,868                   20,868 


Radio Free Asia                                                                        0             0                         0                   30,000 


Broadcasting to Cuba                                                                   0             0                         0                   22,031 


New Cuba Broadcasting Technology Earmark                                               0             0                         0                      712 


Subtotal                                                                         431,510       397,705                   452,590                  459,511 


Democracy Fellows at DRL                                                               0             0                         0                    1,000 


Subtotal                                                                               0             0                         0                    1,000 


Total Minus FY 2000-2001 Security Upgrades                                     5,646,223     6,485,630                 6,369,462                6,471,168 


Grand Total                                                                    5,646,223     7,112,630                 6,419,079                7,617,168 


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TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES


Section 202. Report on Cuban Drug Trafficking. This section requires the President to report on the extent of international narcotics traffic through or from Cuba, the extent of involvement by the Cuban government, its agents and entities, and United States actions to investigate or prosecute such acts.

Section 203. Report on Compliance With the Hague Convention on International Child Abduction. This section extends for an additional year the current requirement for the State Department to report to Congress on compliance with the Hague Convention on the Civil Aspects of International Child Abduction by its signatories, and the status of unresolved cases arising under the Convention, and expands the scope of the reports. The Convention establishes an international mechanism according to which children wrongfully removed to or retained in certain foreign countries (by estranged parents who are foreign residents, for example) will be returned to the country of their habitual residence, where custody issues should be adjudicated. This section is motivated by complaints that some countries (many of which are in Western Europe) are flouting their obligations under the Convention to return children to the United States.

Section 204. Reduction of Reporting. Requested by the State Department, this provision repeals unnecessary reporting requirements, including (a) reports by new Chiefs of Mission regarding the language competence of their post staffs; (b) a report on the use of Foreign Service personnel by Federal agencies; (c) a report on the prospects for sustainable economic growth in each country receiving certain forms of foreign assistance; and (d) redundant reports (on certain weapons) that duplicate the information provided in other nonproliferation reports.

Section 205. Continuation of Reporting Requirements. This section extends reporting requirements contained in the Foreign Relations Authorization Act as follows:

Section 205(a) requires periodic reports on outstanding claims by United States firms against the Government of Saudi Arabia. This amendment is necessary to help U.S. firms which have completed extensive work for the Saudi Government but have had no success in getting their due compensation. For example, Gibbs and Hill, Inc., of New Jersey has outstanding claims for $55 million for work on a desalinization plant completed in 1984.

Section 205(b) continues the report under Title IV of the Libertad Act. It requires the Secretary of State to make periodic reports to the Committee describing the ongoing reviews pursuant to Title IV of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6091) and any determinations and findings under that title of that Act. Title IV of the LIBERTAD Act requires the Secretary of State to exclude from the U.S. persons `trafficking' in property confiscated from U.S. nationals in Cuba. The Committee intends to use these reports to monitor the implementation of this `exclusion' provision of the LIBERTAD Act.

Section 205(c) continues a report requiring the Secretary of State to report on the extent to which the Government of Vietnam: (1) is cooperating with the U.S. on the fullest possible accounting of POW/MIA's; (2) has made progress on the release of political and religious prisoners; (3) is cooperating on requests by the U.S. to obtain full and free access to persons for interviews under the Orderly Departure and Resettlement Opportunities for Vietnamese Refugees programs; (4) has taken action to end corrupt practices in connections with exit visas; and (5) is making efforts to interview and resettle former reeducation camp victims and other persons.

Section 205(d) continues a reporting requirement with respect to cooperative projects with Russia in the area of ballistic missile defense, including in the area of early warning.

The Committee notes the requirement of section 527 of the Foreign Relations Authorization Act for FY 1994 and 1995 that reports be provided to Congress on outstanding claims by U.S. citizens whose property has been expropriated by foreign governments, and particularly supports the efforts of the Department of State to continue working with the Government of Nicaragua to resolve all outstanding property claims filed by U.S. citizens.

Section 206. International Arms Sales Code of Conduct. This section requires the President to prepare to work with countries in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, founded in 1996, to negotiate an international arms sales code of conduct. The President must take necessary steps to begin negotiations within 120 days of passage of the Act. They are intended to produce an agreement restricting or prohibiting arms transfers to countries that do not meet specified criteria concerning promotion of democracy, respect for human rights, noninvolvement in acts of armed aggression, and participation in the UN Register of Conventional Arms. This section also requires that the Secretary of State report on the progress of such negotiations and report through the annual Human Rights reports on the extent to which the practices of each country meet specified criteria.

Section 207. Human Rights and Democracy Fellowships. This section establishes a human rights fellowship program within the State Department's Bureau of Democracy, Human Rights, and Labor, and authorizes $1 million for fiscal year 2000 to fund that fellowship program. The fellows would be selected on the basis of their human rights expertise and would be recruited for specific projects or assistance needed by the Bureau. These fellowship positions would allow the Assistant Secretary for Democracy, Human Rights, and Labor to bring persons into the Bureau with specialized expertise in international human rights standards, regional human rights issues, non-governmental, governmental and intergovernmental organizations relevant to human rights, emerging or under reported human rights

issues, democratization, rule of law, the development of civil society, torture victims treatment, and related issues.

Section 208. Joint Funds Under Agreements for Cooperation in Environmental, Scientific, Cultural and Related Areas. At the request of the State Department, this section allows the Department to use the interest earned on funds held under bilateral agreements for scientific, cultural, and technical cooperation to pay the programmatic and administrative expenses of these programs.

Section 209. Report on International Extradition. This section requires a report by the Secretary of State 120 days after enactment regarding a review of all extradition treaties and agreements to which the U.S. is a party.

Section 210. Effective Regulation of Satellite Export Activities. This section requires the Secretary of State to establish a regulatory regime for the licensing for export of satellites, satellite technologies, components and systems.

Section 251. Deaths and Estates of United States Citizens Abroad. At the request of the State Department, this section modernizes the traditional consular function of protecting, conserving, and ultimately disposing of the estates of Americans who die overseas in those cases where a legal representative is not appointed by the heirs or other beneficiaries.

Section 252. Duties of Consular Officers. At the request of the State Department, this section enlarges the definition of U.S. employees who may perform consular functions in connection with deaths and estates of U.S. citizens abroad.

Section 253. Machine Readable Visas. This section extends the Department's authority to collect and retain the machine readable visa (MRV) fees for three fiscal years (up to $316.7 million in FY2000, $338.9 million in FY2001, and $362.6 million in FY2002) to fund consular services activities and border security operations.

Section 254. Processing of Visa Applications. This section states that it shall be the policy of the State Department: (a) to process visa applications of immediate relatives and fiances of U.S. citizens within 30 days of receiving all necessary documents; and (b) to process applications sponsored by someone other than an immediate relative within 60 days. It also directs the Department to report every six months on the extent to which it is meeting these standards, and to establish a joint task force with other Federal agencies to reduce the overall processing time for visa applications.

Section 255. Repeal of Outdated Provision on Passport Fees. At the request of the State Department, this section repeals an anachronistic provision of the Passport Act of 1920 that provided for the discretionary refund of passport fees in the event that a traveler was not able to obtain a visa to the country of intended travel. That authority, which reflects long-outmoded passport practices, is no longer used. Because the Department typically expends the whole amount of the passport fee in adjudicating and issuing the passport, and because passports generally are valid for ten years and are not geographically limited, the refund provision is no longer necessary or appropriate.

Section 256. Fees Relating to Affidavits of Support. This section allows the Secretary of State to charge a fee for services provided by the State Department for assistance in the preparation and filing of an affidavit of support as required by section 213A of the Immigration and Nationality Act. This provision is intended to improve the processing of immigrant visa applications by providing specific assistance with this affidavit which has proved to be difficult for the applicants to complete correctly.

Section 271. United States Policy Regarding the Involuntary Return of Refugees. This provision carries over and slightly expands a provision of the FY 98-99 Foreign Relations Authorization Act prohibiting the use of funds for the involuntary return of any person to a country in which that person has a well-founded fear of persecution, and requiring notification to Congress when such funds are used for involuntary repatriation of persons deemed to be non-refugees.

Section 272. Human Rights Reports. This is a technical amendment. Information in the annual Country Reports on Human Rights Practices on the extent to which countries extend protection to refugees is already required by the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (P.L. 104-319). However, that statute only modified one of the two provisions in the Foreign Assistance Act dealing with the Country Reports. This section corrects that oversight by modifying the other section.

Section 273. Guidelines for Refugee-Processing Posts. This section corrects two technical oversights in the refugee protection provisions of the International Religious Freedom Act of 1998 (P.L. 105-292). Although section 602(c) of the Act charged both the Attorney General and the Secretary of State to develop guidelines to address hostile biases in refugee processing, it referred only to biases of INS personnel. This section adds a reference to State Department personnel in the appropriate place. In addition, the Act prohibited the use of agents of persecuting governments to interpret conversations of persons seeking asylum in the United States. This section extends that prohibition to the overseas refugee adjudication process, and to agents of persecuting governments performing any function that could endanger the safety of the applicant or otherwise compromise the integrity of the process.

Section 274. Vietnamese Refugees. This section prohibits the use of funds authorized by this Act to support an increased number of personnel assigned to U.S. posts in Vietnam unless the President first certifies to Congress that the Vietnamese in-country refugee processing program meets certain conditions and standards.

TITLE III--ORGANIZATION OF THE DEPARTMENT OF STATE; PERSONNEL OF THE DEPARTMENT OF STATE; FOREIGN SERVICE


Section 301. Establishment of Bureau for International Information Programs and Bureau for Educational and Cultural Exchange Programs. This section establishes separate Bureaus within the State Department for exchanges and international information programs, and places each under the leadership of its own Assistant Secretary. This structure protects the integrity of international information activities (those now administered by USIA) which are distinct from the State Department's `public affairs' activities in that the former are to be aimed solely at foreign audiences and should be insulated from short-term political considerations. It also maintains the important institutional separation between the information and exchange functions that existed at USIA prior to that Agency's consolidation with the State Department. This provision will also ensure compliance with the requirement of the Fulbright-Hays Act that the Bureau that administers exchanges not administer any non-exchange programs.

Section 302. Correction of Designation of Inspector General of the Department of State. This section corrects several statutes that refer to the Inspector General using slightly different names, making them uniformly refer to the `Inspector General of the Department of State.'

Section 321. Foreign Service Star. At the request of the State Department, this section authorizes a national medal for civilian employees of the United States assigned to an official mission overseas who are killed or wounded in government service.

Section 322. United States Citizens Hired Abroad. At the request of the State Department, this section deletes a statutory requirement that U.S. citizens hired locally by overseas posts be provided a total compensation package that has `the equivalent cost to that received by foreign national employees occupying the similar position at post.' That requirement sometimes conflicts with another requirement that U.S. citizens may not be paid at a rate lower than the U.S. minimum wage. Furthermore, in the case of an American citizen, both the employer and employee generally must pay their respective contributions to FICA. In some cases, this causes the cost of the total compensation package for the American to exceed that of a foreign national in the same position. In those cases, the effect of the law is to require posts to reduce the American's compensation by all or some portion of the amount paid to FICA by the post. In such cases, American citizens have complained that they are being forced to pay both the employer and employee share of FICA, thus earning less after deductions than non-U.S. citizens in similar positions. It is the intention of the Committee that the Department observe the spirit of the current provision by increasing pay if appropriate, only by the amounts referred to above so that effective pay is equalized or the U.S. minimum wage is paid.

Section 323. Border Equalization Adjustment. At the request of the State Department, this section amends the Foreign Service Act of 1980 to provide for payment of a border equalization adjustment to an employee who regularly commutes from his or her home in the U.S. to an official duty station in Canada or Mexico. At present, the Department employs personnel who live in the U.S. but work across the border. These employees are caught in an unusual situation that denies them locality pay (which is restricted by law to employees who work at duty stations in the U.S.) and overseas allowances (which apply only to employees who live in foreign countries). This change would make these employees eligible for an adjustment equal to the amount that they would receive as locality pay if they were assigned to an official duty station within the U.S. locality pay area closest to the employee's official duty station. This provision was carried in the FY 99 Commerce, Justice, State Department Appropriations Act; this section would make the authority permanent.

Section 324. Treatment of Grievance Records. At the request of the State Department, this section amends the Foreign Service Act of 1980 to ensure that proper documentation of disciplinary action is available to tenure and selection boards, by permitting the placement in the performance file of an employee who has been disciplined a notice that the discipline has been reviewed and sustained by the Foreign Service Grievance Board.

Section 325. Report Concerning Financial Disadvantages for Administrative and Technical Personnel. This section directs the Department to prepare a report for the Congress on the financial disadvantages suffered by administrative and technical personnel posted to U.S. missions abroad as a result of their not having diplomatic status.

Section 326. Extension of Overseas Hiring Authority. At the request of the State Department, this section permits the Department to allow non-State agencies to use the Foreign Service Act to appoint individuals abroad and to use the Foreign Service personnel system for those employees. This will provide a uniform hiring authority for agencies that need to hire local employees overseas. At present, not all of the non-State agencies have overseas hiring authority, and some have resorted to hiring techniques that are expensive, confusing, and not always appropriate for local conditions.

Section 327. Medical Emergency Assistance. This section was requested by the State Department. Employees who serve overseas must pay the costs of outpatient treatment. Immediate payment in full is usually required for treatment overseas, even for expensive in-hospital surgical procedures that do not require overnight hospitalization. This section would permit an advance of up to 3 months' pay to an employee who must undergo certain types of medical treatment abroad.

Section 328. Families of Deceased Foreign Service Personnel. At the request of the State Department, this section would allow the Department to pay a `transfer allowance' (which covers certain costs associated with returning home to the United States) to surviving family members of overseas employees who are killed in the line of duty.

Section 329. Parental Choice in Education. This section allows certain overseas employees to elect to send their dependents to schools away from post at government expense, so long as the cost does not exceed the cost to the government of sending those dependents to adequate schools at the post of the employee.

Section 330. Workforce Planning for Foreign Service Personnel by Federal Agencies. This section requires the Secretary of State to submit a report to Congress regarding forward-looking, needs-based workforce planning.

Section 331. Compensation for Survivors of Terrorist Attacks Overseas. This section requires the Secretary of State to examine and report on the current benefit structure of survivors of U.S. government employees who are killed while serving at U.S. diplomatic facilities abroad. The purpose is to evaluate whether the benefits are adequate, fair, and equitably distributed. The Committee expects to receive this report 180 days after enactment.

TITLE IV--UNITED STATES INFORMATIONAL, EDUCATIONAL,  AND CULTURAL PROGRAMS


Section 401. Educational and Cultural Exchanges and Scholarships for Tibetans and Burmese. This section extends the authorization for the exchange and scholarship programs for Tibetan and Burmese exiles (contained in Public Law 104-319, the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996) through fiscal years 2000 and 2001. It also renames the Tibetan exchange program after Ngawang Choephel, the Fulbright Scholar and ethno-musicologist who is now serving a fifteen-year prison sentence on false charges brought by the Chinese government.

Section 402. Conduct of Certain Educational and Cultural Exchange Programs. This section requires that in U.S. educational and cultural exchange programs with countries whose people are denied freedom and democracy, program grantees be selected according to a competitive process, and that prospective grantees be evaluated according to their willingness and ability to include exchange participants who have demonstrated a commitment to freedom and democracy, or in the case of foreign government officials those who are most likely to be open to freedom and democracy, and to exclude those who are so committed to the suppression of freedom and democracy that their selection could give rise to an appearance that the U.S. condones such suppression.

Section 403. Notification to Congress of Grants. This section requires the Department to give Congress 45 days' written notice before awarding information and educational exchange grants. The 15-day notice period currently observed has proved inadequate and has resulted in the disbursement of grant money before USIA has fully responded to Congressional inquiries about grant proposals.

Section 404. National Security Measures. This section requires the State Department to take appropriate steps to ensure that foreign espionage agents do not participate in U.S.-funded exchange programs.

Section 405. Designation of North/South Center as the Dante B. Fascell North-South Center. Changes the name of the North/South Center to the Dante B. Fascell North-South Center. This measure has passed the House on two previous occasions.

Section 406. Advisory Commission on Public Diplomacy. This section repeals the section of last year's Omnibus Bill that abolished the U.S. Advisory Commission on Public Diplomacy, a bipartisan, Presidentially-appointed advisory committee on international information and exchange programs.

Section 407. International Expositions. This section was requested by the State Department. While reaffirming that the State Department is prohibited from funding a pavilion or other major exhibit at any international exposition or world's fair, this section makes clear that the Department is authorized to use its personnel and resources to facilitate (a) U.S. participation in international expositions; (b) participation in and support for international expositions by foreign governments and private entities; and (c) support to the United States Commissioner General for participation in international expositions.

Section 408. Royal Ulster Constabulary. This section requires the Secretary of State to take all appropriate steps to ensure that members of the Royal Ulster Constabulary (RUC) are not participants in any program of educational or cultural exchange or training through the National Academy Program at Quantico, Virginia, unless and until the President certifies that complete, independent, and transparent investigations of the murders of defense attorneys Rosemary Nelson and Patrick Finucane have been initiated by the Government of the United Kingdom and that the Government has taken appropriate steps to protect defense attorneys against RUC harassment in Northern Ireland.

TITLE V--INTERNATIONAL BROADCASTING


Section 501. Permanent Authorization for Radio Free Asia. As requested by the Administration, this section puts Radio Free Asia (RFA) on an equal footing with other entities whose funds are authorized by this bill by: (a) making RFA's authorization permanent; and (b) repealing statutory caps on RFA funding. Of course, RFA funding levels still would be set by annual appropriations and subsequent authorization bills.

Section 502. Preservation of Radio Free Europe/Radio Liberty. This provision repeals a 1994 `sense of Congress' provision that RFE/RL should receive no U.S. government support after FY 1999. This provision is inconsistent with the Administration's budget request and with the bipartisan Congressional consensus that `freedom broadcasting' will continue to deserve U.S. support into the 21st century. The provision also increases from $75 million to $80 million the annual funding cap for Radio Free Europe in order to permit necessary expenditures for Radio Free Iraq, RL broadcasts to Iran, and necessary security upgrades in response to credible threats of retaliation for these broadcasts.

Security Upgrade: Radio Free Europe/Radio Liberty should be allowed to immediately upgrade security at its facilities, but not at the expense of its broadcasting operations. Therefore, RFE/RL should be allowed to use any unspent consolidation funds for this purpose.

Section 503. Immunity from Civil Liability for Broadcasting Board of Governors. This section makes clear that the members of the Broadcasting Board of Governors are immune from civil liability when acting in their capacities as directors of RFE/RL, Inc., or Radio Free Asia.

TITLE VI--INTERNATIONAL ORGANIZATIONS AND COMMISSIONS


Section 601. Interparliamentary Groups. When either the House or the Senate does not appoint its allotted number of members to U.S. delegations to certain interparliamentary conferences, this section allows the other body of Congress to complete the delegation with its own members. This section also changes a statutory reference to the `United States-European Community Interparliamentary Group' to reflect the change of that group's name to the `Transatlantic Legislative Dialogue.'

Section 602. Authority to Assist State and Local Governments. As requested by the State Department, this section permits the U.S. Section of the International Boundary and Water Commission to provide tests, surveys, and other services on a reimbursable basis to state or local governments that request them. Reimbursements will be credited to the appropriation from which the cost of providing the services is paid.

Section 603. International Boundary and Water Commission. This section authorizes the International Boundary and Water Commission (IBWC) to use contributions from binational organizations for projects along the U.S.-Mexico border. It would also allow the U.S. section of the IBWC to apply a user fee toward operations and maintenance of the bridge between El Paso, Texas, and Juarez, Mexico.

Section 604. Concerning U.N. General Assembly Resolution ES-10/6. This section makes a statement of Congressional policy commending the State Department's vote against the U.N. General Assembly Resolution ES-10/6 affirming that the text of such resolution politicizes the Fourth Geneva Convention which is primarily humanitarian in nature.

TITLE VII--GENERAL PROVISIONS


Section 701. Sense of the Congress Concerning Support for Democracy and Human Rights in Cuba. This provision expresses the sense of Congress that the U.S. should increase its support to democracy and human rights activists in Cuba, providing assistance with the same intensity with which it supported the pro-democracy movements in Eastern Europe.

Section 702. Relating to Cyprus. This section makes findings and recommendations relative to the situation in Cyprus. This section supports a peaceful and just resolution of the situation on Cyprus by expressing the sense of the Congress that Turkey should be encouraged to take steps to reduce the level of armaments on Cyrus, commensurate to those already taken by the Government of Cyprus.

JURISDICTIONAL MATTERS


The following information is provided for the information of Members:

House of Representatives,


Committee on the Judiciary,


Washington, DC, March 18, 1999.


Hon. BENJAMIN GILMAN,

Chairman, Committee on International Relations,

House of Representatives, Washington, DC.

DEAR CHAIRMAN GILMAN: I am writing to you regarding the `Foreign Relations Authorization Act, Fiscal Years 2000 and 2001,' which I understand you intend to introduce in the near future.

As currently drafted, section 201 of the bill contains authority for the Federal Bureau of Investigation  to lease aircraft to respond to a terrorist attack abroad. This provision falls within the Rule X jurisdiction of the Committee on the Judiciary.

The Judiciary Committee does not object to the terms of this provision. In fact, our Committee staff has worked with your Committee staff to develop the language it contains. In the interest of assisting you in moving your legislation expeditiously, I will not object to its inclusion in your bill, and will not request a joint or sequential referral of the bill for purposes of section 201 if this section is reported by your Committee in a form substantially similar to the current proposal. However, I trust you agree that this will not prejudice this Committee's jurisdiction  prerogatives over the subject matters contained in section 201. I also reserve our Committee's right to be named conferees on this provision should the bill go to conference.

As always, I appreciate your courtesy and cooperation.

Sincerely,

HENRY J. HYDE, CHAIRMAN.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED




SECTION 404 OF THE ASIA FOUNDATION ACT


FUNDING






-

FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998


* * * * * * *

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'.

* * * * * * *

SUBDIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES


* * * * * * *

TITLE XIII--UNITED STATES INFORMATION AGENCY


* * * * * * *

CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS


* * * * * * *

SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED STATES INFORMATION AGENCY AND TRANSFER OF FUNCTIONS.




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* * * * * * *

CHAPTER 4--CONFORMING AMENDMENTS


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 [Struck out->][ SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY. ][<-Struck out]


 [Struck out->][ (a) ABOLITION- The United States Advisory Commission on Public Diplomacy is abolished. ][<-Struck out]

 [Struck out->][ (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. ][<-Struck out]

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SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION


* * * * * * *

TITLE XX--GENERAL PROVISIONS


* * * * * * *

SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.




* * * * * * *







* * * * * * *

* * * * * * *

TITLE XXVII--EUROPEAN SECURITY ACT OF 1998


* * * * * * *

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. 2805. REPORT ON RELATIONS WITH VIETNAM.






* * * * * * *

-

FOREIGN SERVICE ACT OF 1980


* * * * * * *

TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES


CHAPTER 1--GENERAL PROVISIONS


* * * * * * *



* * * * * * *















* * * * * * *

CHAPTER 2--MANAGEMENT OF THE SERVICE


* * * * * * *



* * * * * * *



* * * * * * *



* * * * * * *

CHAPTER 3--APPOINTMENTS


* * * * * * *



* * * * * * *



* * * * * * *

CHAPTER 4--COMPENSATION


* * * * * * *



* * * * * * *

SEC. 414. BORDER EQUALIZATION ADJUSTMENT.














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CHAPTER 6--PROMOTION AND RETENTION




* * * * * * *



* * * * * * *

























* * * * * * *



* * * * * * *

CHAPTER 10--LABOR-MANAGEMENT RELATIONS


* * * * * * *





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* * * * * * *



* * * * * * *

CHAPTER 11--GRIEVANCES


* * * * * * *



* * * * * * *











* * * * * * *

-

SECTION 574 OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1996


 [Struck out->][ ANNUAL REPORT ON ECONOMIC AND SOCIAL GROWTH ][<-Struck out]












-

SECTION 308 OF THE CHEMICAL AND BIOLOGICAL WEAPONS CONTROL AND WARFARE ELIMINATION ACT OF 1991


 [Struck out->][ SEC. 308. PRESIDENTIAL REPORTING REQUIREMENTS. ][<-Struck out]






















-

SECTION OF THE FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 1997 


 [Struck out->][ NORTH KOREA ][<-Struck out]


  [Struck out->][ SEC. 585. Ninety days after the date of enactment of this Act, and every 180 days thereafter, the Secretary of State, in consultation with the Secretary of Defense, shall provide a report in a classified or unclassified form to the Committee on Appropriations including the following information: ][<-Struck out]









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SECTION 3 OF THE AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION


 [Struck out->][ SEC. 3. REPORTS TO CONGRESS. ][<-Struck out]




-

SECTION 1709 OF THE REVISED STATUTES
















application for such effects shall not have been made by the legal claimant within six years after their receipt.  The Secretary of State is authorized, for and in behalf of the estate of the deceased, to receive any balances due to such estates, to draw therefor on banks, safe deposits, trust or loan companies, or other like institutions, to endorse all checks, bills of exchange, promissory notes, and other evidences of indebtedness due to such estates, and take such other action as may be deemed necessary for the conservation of such estates.  The net proceeds of such sales, together with such other moneys as may be collected by him, shall be deposited into the Treasury to a fund in trust for the legal claimant and reported to the Secretary of State.



-

THE STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956


TITLE I--BASIC AUTHORITIES GENERALLY


ORGANIZATION OF THE DEPARTMENT OF STATE




* * * * * * *







* * * * * * *

SEC. 36A. THE FOREIGN SERVICE STAR.






















* * * * * * *

PROCEDURES REGARDING MAJOR DISASTERS AND INCIDENTS ABROAD AFFECTING UNITED STATES CITIZENS




assistance. Assistance shall include liaison with foreign governments and persons and with United State air carriers concerning arrangements for the preparation and transport to the United States of the remains of citizens who die abroad, as well as  [Struck out->][ disposition of personal effects. ][<-Struck out]  disposition of personal estates pursuant to section 43B of this Act.



SEC. 43A. NOTIFICATION OF NEXT OF KIN; REPORTS OF DEATH.








SEC. 43B. CONSERVATION AND DISPOSITION OF ESTATES.






















































* * * * * * *

-

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1994 AND 1995


* * * * * * *

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES


* * * * * * *

PART B--AUTHORITIES AND ACTIVITIES


* * * * * * *

SEC. 140. VISAS.






* * * * * * *







* * * * * * *

TITLE II--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL PROGRAMS


* * * * * * *

PART B--USIA AND RELATED AGENCIES AUTHORITIES AND ACTIVITIES


* * * * * * *

 [Struck out->][ SEC. 230. LIMITATION CONCERNING PARTICIPATION IN INTERNATIONAL EXPOSITIONS. ][<-Struck out]




* * * * * * *

-

SECTION 4 OF THE PASSPORT ACT OF JUNE 4, 1920




-

SECTION 502B OF THE FOREIGN ASSISTANCE ACT OF 1961








* * * * * * *

-

SECTION 602 OF THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998


SEC. 602. REFORM OF REFUGEE POLICY.




* * * * * * *





* * * * * * *



-

UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994


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TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT


* * * * * * *

SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.






* * * * * * *





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* * * * * * *

SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO LIBERTY.




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* * * * * * *

SEC. 309. RADIO FREE ASIA.




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* * * * * * *



* * * * * * *

 [Struck out->][ SEC. 312. PRIVATIZATION OF RADIO FREE EUROPE AND RADIO LIBERTY. ][<-Struck out]








* * * * * * *

-

CHAPTER 59 OF TITLE 5, UNITED STATES CODE


CHAPTER 59--ALLOWANCES


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SUBCHAPTER III--OVERSEAS DIFFERENTIALS AND ALLOWANCES


* * * * * * *

Sec. 5922. General provisions




* * * * * * *











* * * * * * *

Sec. 5924. Cost-of-living allowances






* * * * * * *





* * * * * * *



* * * * * * *

 [Struck out->][ Sec. 5927. Advances of pay ][<-Struck out]




Sec. 5927. Advances of pay






















* * * * * * *

-

HUMAN RIGHTS, REFUGEE, AND OTHER FOREIGN RELATIONS PROVISIONS ACT OF 1996


TITLE I--FOREIGN RELATIONS PROVISIONS


* * * * * * *

SEC. 102. CONDUCT OF CERTAIN EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.














SEC. 103. EDUCATIONAL AND CULTURAL EXCHANGES AND SCHOLARSHIPS FOR TIBETANS AND BURMESE.








* * * * * * *

-

THE UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948


* * * * * * *

TITLE VII--APPROPRIATIONS


* * * * * * *





* * * * * * *

TITLE X--MISCELLANEOUS


* * * * * * *

NATIONAL SECURITY MEASURES




PROLIFERATION OF WEAPONS OF MASS DESTRUCTION




* * * * * * *

-

SECTION 208 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 1992 AND 1993


SEC. 208. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BETWEEN NORTH AND SOUTH.






* * * * * * *





* * * * * * *

-

SECTION 109 OF THE DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 1984 AND 1985


INTERPARLIAMENTARY GROUPS




* * * * * * *



-

SECTION 2 OF THE AMERICAN-MEXICAN CHAMIZAL CONVENTION ACT OF 1964






* * * * * * *

ADDITIONAL VIEWS OF HON. SAM GEJDENSON


I commend the Chairman and Ranking Member of the Subcommittee on International Relations and Human Rights for the hard work they put into drafting H.R. 1211, getting it through subcommittee, bringing it to full committee consideration, and for their willingness to improve the bill during full committee markup. It is my view, however, that the bill still has some distance to go before it can be signed into law. There remain a number of provisions in the bill about which I continue to have serious concerns. We will need to address these problems if we want a bill that the President can sign into law.

These concerns fall in four areas, outlined below.

Reorganization

I did not support the effort to reorganize our foreign affairs agencies. Congress mandated that reorganization nonetheless. Having done so, this bill now moves in the opposite direction of the reorganization to which we agreed. It mandates the creation of a bureau which the Administration opposes, an International Information Bureau, and earmarks funding for it. It also earmarks funding, at twice current levels, and legislatively mandates, the current Bureau of Democracy, Human Rights, and Labor. And it dictates that establishment of new fellowship programs which duplicate existing programs.

Micromanagement

Section 403 of this bill extends to 45 days the current 15 day notification period to Congress on all grants made by USIA. While I certainly support notification periods to Congress, a 45 day `hold' period is micromanagement at its worst. It would lengthen an already lengthy grant approval process, hamper our ability to respond quickly to fast-changing events, and take hostage every grant, no matter how non-controversial or small. No other foreign affairs agency is subject to a sweeping 45 day hold period, and no rationale has been provided as to why this one is needed.

Likewise, section 402 of this bill imposes sweeping new requirements on our exchange programs overseas. It requires that a `substantial proportion' of exchange participants be nationals of freedom-loving countries, and that grantees who choose such participants must themselves favor applicants who love freedom and democracy. Well-intentioned as this provision may be, it raises serious questions. Do we only want exchange participants from the Frances and Australias of the world? Do we only want to bring to the United States those who agree with our views? And, do we run the risk of officially stamping as `enemies of the state' the human rights activists for whom this provision is presumably intended?

Policy

Section 274 limits the number of U.S. personnel serving at diplomatic and consular posts in the Socialist Republic of Vietnam to current levels, unless the President certifies that twelve detailed and unachievable conditions are met. Again, the intentions are no doubt well-meaning. The practical impact of this provision is that we could not deploy, as planned, additional consular officers to Vietnam this summer to expedite processing of visas. Our former colleague and now Ambassador to Vietnam, Hon. `Pete' Peterson, whose credentials on Vietnamese issues are unmatched, opposes this provision strongly.

Earmarks

We all earmark. Earmarking is a fact of life. But this bill adds even more earmarks than usual. In addition to the earmarks noted above, there are earmarks in the voluntary contributions to international organizations account that are particularly harmful. This account continues to be reduced; every earmark above the Administration's request level takes money away from other equally deserving programs. Increased funds for the World Food Program means that the U.N. Environment Program, or some other worthy program, takes the cut. Particularly troubling is the $5 million earmark for the International Program on the Elimination of Child Labor--for which funding is requested from the Labor Department, not the State Department.

Conclusion

I want to be clear. I have long supported human rights, democracy programs, the rights of refugees, the fight against child labor, and other worthwhile goals. Putting a label on a provision, however, does not automatically make that provision effective, productive, or worthwhile. We must examine the consequences of our actions, not just the names attached to them.

I hope that this is a bill that I can support at the end of the day. I'm not sure I can say that now. The concerns I have outlined are shared by the Administration, and are substantive. I want this process to move forward so that we can continue to work on improving the bill on the floor.

SAM GEJDENSON.







 




 
  
     

        
 
          


          


          

         

      		
    





  
     

       

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