Foreign Relations Authorization Act, Fiscal Years 1998 and 1999

TABLE OF CONTENTS:

Title I: Authorization of Appropriations for Department of

State and Certain International Affairs Functions and Activities

Title II: Department of State Authorities and Activities

Title III: Organization of the Department of State;

Department of State Personnel; the Foreign Service

Title IV: United States Public Diplomacy: Authorities and

Activities for United States Informational, Educational,

and Cultural Programs

Title V: International Organizations; United Nations and

Related Agencies

Title VI: Arms Control and Disarmament Agency

Title VII: Foreign Policy Provisions

Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 - Title I: Authorization of Appropriations for Department of State and Certain International Affairs Functions and Activities - Authorizes appropriations for the Department of State for FY 1998 and 1999 for: (1) the administration of foreign affairs; (2) contributions to international organizations and international peacekeeping activities; (3) international conferences and contingencies; (4) offset of adverse fluctuations in foreign currency exchange rates; (5) international commissions; (6) migration and refugee assistance; (7) the Asia Foundation; (8) international information activities and educational and cultural exchange programs; and (9) purposes of carrying out the Arms Control and Disarmament Act. Earmarks funds for specified organizations and activities.

Withholds certain amounts of funds from the United Nations Development Program unless the President certifies to appropriate congressional committees that the Program's activities in Burma: (1) are focused on eliminating human suffering and addressing the needs of the poor; (2) are undertaken only through international or private voluntary organizations that are independent of the State Law and Order Restoration Council (SLORC); (3) provide no financial, political, or military support to SLORC; and (4) are supported by the leadership of the National League for Democracy and the National Coalition Government of the Union of Burma.

Title II: Department of State Authorities and Activities - Chapter 1: Authorities and Activities - Amends the State Department Basic Authorities Act of 1956 to provide for rewards for information leading to the arrest or conviction of aiders or abettors of acts of international terrorism against U.S. persons or property or in certain narcotics-related offenses. Makes the resources of the rewards program available, at the Secretary's discretion, for the publication of rewards offered by foreign governments about acts of terrorism not involving the United States.

Declares the sense of the Congress that the Secretary should pursue additional means of funding the rewards program, including the authority to seize and dispose of assets used in the commission of specified offenses, or to participate in asset sharing programs with the Department of Justice.

Directs the President, in carrying out the rewards program, to take possession and exercise full control of up to two percent of earnings accruing on all assets of foreign governments blocked under the International Emergency Powers Act.

(Sec. 202) Directs the Secretary of State to develop a worldwide plan for the consolidation, on a regional or area wide basis, of U.S. missions and consular posts abroad.

(Sec. 203) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to make one of the purposes of the Capital Investment Fund the enhancement of information technology and other related capital investments for the Department of State.

(Sec. 204) Requires U.S. agencies performing functions at diplomatic and consular posts abroad to avoid duplicative acquisition actions to the maximum extent practicable. Authorizes amendment without competition of contracts awarded by such agencies through competition, or under the commercial item simplified procedures threshold of the Clinger-Cohen Act of 1996, in order to permit other such agencies to obtain goods or services under such contract, provided prices or the scope of work are not increased as a result of such amendment.

(Sec. 205) Amends the Foreign Service Buildings Act, 1926 to authorize the deposit of proceeds from the sale of foreign properties into interest bearing accounts. Authorizes the Secretary to retain, and expend without further appropriation, the interest earned on such deposits.

(Sec. 208) Amends the International Claims Settlement Act to grant jurisdiction to the Foreign Claims Settlement Commission of the United States to adjudicate claims included in a category of claims against a foreign government which is referred to it by the Secretary. Requires the Secretary to provide fair notice to all persons whose claims are to be preadjudicated by the Commission.

(Sec. 210) Establishes a special fee account for use in paying certain expenses of the Department of State and the Foreign Service. Earmarks funds for the provision, without charge, of passport information services to U.S. citizens.

(Sec. 211) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to require deposit in a special fund of the Treasury of a certain amount of fees collected from processing machine readable visas. Makes funds available for certain costs of the Department's border security program. Repeals the prohibition against the charging of fees to citizens of countries that are signatories to the North American Free Trade Agreement (NAFTA).

(Sec. 212) Amends the State Department Basic Authorities Act of 1956 to change from $700,000 to all the amount of registration fees collected by the Office of Defense Trade Controls of the Department of State which shall be credited for each fiscal year to a Department of State account, without limitation. Adds to the permissible expenses payable from such account the enhancement of defense trade export compliance and enforcement activities to include compliance audits of U.S. and foreign parties, the conduct of administrative proceedings, end-use monitoring of direct commercial arms sales and transfers, and cooperation in criminal proceedings related to defense trade export controls.

(Sec. 213) Amends the Foreign Service Act of 1980 to authorize the Secretary to provide training through the Foreign Service Institute to U.S. company employees engaged in business abroad, and their families. Authorizes the Secretary to provide such training on a reimbursable basis to Members of Congress, congressional staff, the judiciary, and their employees.

Authorizes the Secretary to charge a fee for use of the National Foreign Affairs Training Center Facility of the Department.

(Sec. 214) Authorizes the Secretary, under the Department's health care program, to collect from a third-party payer the reasonable costs incurred by the Department on behalf of covered beneficiaries for health care services to the same extent that such a beneficiary would be eligible to receive indemnification from the third-party payer for such costs.

(Sec. 215) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary to charge a fee for use of the Department's diplomatic reception rooms.

(Sec. 217) Bars the use of funds to further normalize diplomatic relations with Vietnam until the President certifies to appropriate congressional committees that Vietnam: (1) accounts for American prisoners-of-war and missing in action from the Vietnam war; (2) has made substantial progress toward the release of all political and religious prisoners; and (3) is cooperating with U.S. requests to obtain access to persons of humanitarian interest there and in providing exit visas to such persons. Requires certification also that the U.S. Government is making vigorous efforts to interview and resettle former re-education camp victims, their immediate families, former U.S. Government employees, and certain other persons.

(Sec. 218) Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend through FY 1999 the authorization of admission into the United States of a specified number of refugees from the independent states of the former Soviet Union, Estonia, Latvia, and Lithuania based on religious persecution owing to participation in the Ukrainian Catholic or Orthodox churches.

Makes September 30, 1999, the latest allowable entry date for specified aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, and Cambodia for purposes of qualifying for adjustment of status.

Chapter 2: Consular Authorities of the Department of State - Makes 30 percent of the fees collected in FY 1998 and 1999 for expedited passport processing available only for enhancing passport services, investigating passport fraud, and deterring entry into the United States by terrorists and other criminals.

(Sec. 245) Directs the Secretary to report to the appropriate congressional committees on the compliance of the signatories to the Hague Convention on the Civil Aspects of International Child Abduction with such convention.

Chapter 3: Refugees and Migration - Directs the Secretary to include in the monthly report to the Congress entitled "Update on Monitoring of Cuban Migrant Returnees" information on: (1) the methods employed by the Cuban Government to enforce the United States- Cuba Immigration Agreement of September 1994 to restrict the emigration of Cuban people to the United States; and (2) their treatment of persons who have returned to Cuba pursuant to the United States-Cuba Agreement of May 1995.

(Sec. 262) Amends the State Department Basic Authorities Act of 1956 to authorize the Secretary to waive certain congressional notification requirements with respect to the reprogramming of Department funds if failure to do so would pose a substantial risk to human health or welfare. Requires such notification to specified congressional committees,with an explanation of the emergency circumstances, not later than three days after taking the action to which notification is required.

Title III: Organization of the Department of State; Department of State Personnel; the Foreign Service - Chapter 1: Organization of the Department of State - Establishes a Coordinator for Counterterrorism within the office of the Secretary.

(Sec. 302) Repeals the statutory establishment of: (1) an Assistant Secretary for South Asian Affairs; (2) a Deputy Assistant Secretary for Burdensharing; and (3) a Bureau and Assistant Secretary for Oceans and International Environmental and Scientific Affairs.

(Sec. 303) Establishes an Assistant Secretary for Human Resources and an Assistant Secretary for Diplomatic Security within the Department of State.

(Sec. 305) Establishes within the Department of State a U.S. Special Envoy for Tibet.

(Sec. 306) Declares that the Bureau of Migration and Refugee Assistance: (1) shall be the State Department bureau charged with principal responsibility for carrying out the Migration and Refugee Assistance Act of 1962; and (2) shall not be charged with responsibility for assisting the Secretary in matters relating to family planning or population policy.

Chapter 2: Personnel of the Department of State; the Foreign Service - Establishes limits on the number of Foreign Service personnel in the Department of State, the United States Information Agency (USIA), and the Agency for International Development (AID) during FY 1998 and 1999. Allows a waiver of such limitations as necessary to carry out foreign affairs functions.

(Sec. 323) Amends the Foreign Service Act of 1980 to authorize the Secretary to separate from the Foreign Service without a hearing a member of the Service convicted of a crime for which a sentence of imprisonment of more than one year may be imposed. (Currently, a Foreign Service member can be separated without a hearing only if convicted of a crime related to the cause of separation.)

Title IV: United States Public Diplomacy: Authorities and Activities for United States Informational, Educational, and Cultural Programs - Amends the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 to decrease the fiscal year authorization of appropriations for the Center for Cultural and Technical Interchange Between North and South.

(Sec. 405) Revises the law and business training program for graduate students from the Soviet Union (sic), Lithuania, Latvia, and Estonia to require selection of participants on the basis of academic and leadership potential in the additional fields of journalism and communications, education administration, public policy, and library and information science.

(Sec. 406) Establishes within USIA, in order to improve the coordination and effectiveness of U.S. Government sponsored international exchanges and training, a senior-level interagency Working Group on United States Government Sponsored International Exchanges and Training.

(Sec. 407) Requires the USIA Director to establish programs of educational and cultural exchange between the United States and the people of Tibet, including scholarships to Tibetan and Burmese students and professionals who are outside their countries.

(Sec. 408) Declares that all law, educational, cultural, and other exchange programs (including the ATLAS and Mandela Fellows program) funded by the United States in South Africa shall be administer by the USIA.

Title V: International Organizations; United Nations and Related Agencies - Chapter 1: General Provisions - Sets forth provisions governing employment benefits due to Federal employees who are reemployed after having served in an international organization.

Chapter 2: United Nations and Related Agencies - Authorizes the President to withhold 20 percent of the funds appropriated for the U.S. assessed contribution to the United Nations if the United Nations has failed to implement consensus-based decision making procedures on budgetary matters which assure that sufficient attention is paid to the views of the United States and other member states who are major financial contributors.

Title VI: Arms Control and Disarmament Agency - Amends the Arms Control and Disarmament Act to repeal the mandate for the Director of the U.S. Arms Control and Disarmament Agency to report to the Congress a comprehensive compilation of studies relating to arms control, nonproliferation, and disarmament issues concluded during the previous calendar year.

Title VII: Foreign Policy Provisions - Bars the use of funds for the involuntary return of a person to a country in which the person has a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

(Sec. 701) Bars the use of migration and refugee assistance funds for the involuntary return of a person to any country.

(Sec. 702) Prohibits the United States from expelling, extraditing, or otherwise effecting the involuntary return of a person to a country in which there are reasonable grounds for believing the person would be in danger of subjection to torture.

(Sec. 703) Directs the Secretary to report to the appropriate congressional committees on specific actions taken by the Department of State, the Department of Defense, and the Department of Commerce in resolving certain commercial disputes between U.S. firms and the Saudi Arabia Government.

(Sec. 705) Prohibits the availability of appropriated funds to the United Nations Population Fund (UNFPA), unless the President certifies to the appropriate congressional committees that: (1) UNFPA has terminated all activities in China; or (2) during the 12 months preceding such certification, there have been no forced abortions associated with family planning policies in China.

(Sec. 706) Directs the Secretary of State to report annually to the Congress on: (1) the number of persons and aliens residing in the United States who are entitled to diplomatic immunity from criminal prosecution, including each case involving such an alien whom appropriate law enforcement authorities reasonably believe to have committed a serious crime within the United States; and (2) the number of U.S. citizens residing in a receiving state who are entitled to diplomatic immunity from criminal prosecution there, including each case in which the United States has been requested by the government of the state to waive immunity.

Expresses the sense of the Congress that the Secretary should explore, in appropriate fora, whether states should enter into agreements and adopt legislation to provide: (1) jurisdiction in the sending state to prosecute crimes committed in the receiving state by persons entitled to diplomatic immunity; and (2) that where there is probable cause to believe that an individual with such immunity committed a serious crime, the sending state will waive immunity or will prosecute the individual.

(Sec. 707) Declares the sense of the Congress that the Secretary should submit to the Congress a plan to consolidate some or all of the functions currently performed by the Department of State, the Agency for International Development, and the Arms Control and Disarmament Agency, in order to increase efficiency and accountability in the conduct of the foreign policy of the United States.