PUBLIC LAW 106-113 DIVISION B۰NOVEMBER 29, 1999
Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(Embassy Security Act)
Prime Sponsor: Mr. Christopher H. Smith (NJ)
H.R. 3427 as Incorporated Division B of P.L. 106-113
Signed by the President on November 29, 1999
Summary of Embassy Security Provisions
- Division A: Department of State Provisions
- Title I: Authorizations of Appropriations
- Subtitle A: Department of State
- Subtitle B: United States International Broadcasting Activities
- Title II: Department of State Authorities and Activities
- Subtitle A: Basic Authorities and Activities
- Subtitle B: Consular Authorities
- Subtitle C: Refugees
- Title III: Organization and Personnel of the Department of State
- Subtitle A: Organization Matters
- Subtitle B: Personnel of the Department of State
- Title IV: United States Informational, Educational, and Cultural Programs
- Subtitle A: Authorities and Activities
- Subtitle B: Russian and Ukrainian Business Management Education
- Title V: United States International Broadcasting Activities
- Title VI: Embassy Security and Counterterrorism Measures
- Title VII: International Organizations and Commissions
- Subtitle A: International Organizations Other than the United Nations
- Subtitle B: United Nations Activities
- Title VIII: Miscellaneous Provisions
- Subtitle A: General Provisions
- Subtitle B: North Korea Threat Reduction Subtitle C: People's Republic of China
- Title IX: Arrears Payments and Reform
- Subtitle A: General Provisions
- Subtitle B: Arrearages to the United Nations
- Chapter 1: Authorization of Appropriations; Obligation and Expenditure of Funds
- Chapter 2: United States Sovereignty
- Chapter 3: Reform of Assessments and United Nations Peacekeeping Operations
- Chapter 4: Budget and Personnel Reform
- Subtitle C: Miscellaneous Provisions
- Division B: Arms Control, Nonproliferation, and Security Assistance Provisions
- Title XI: Arms Control and Nonproliferation
- Subtitle A: Arms Control
- Chapter 1: Effective Verification of Compliance With Arms Control Agreements
- Chapter 2: Matters Relating to the Control of Biological Weapons
- Subtitle B: Nuclear Nonproliferation, Safety, and Related Matters
- Title XII: Security Assistance
- Subtitle A: Transfers of Excess Defense Articles
- Subtitle B: Foreign Military Sales Authorities
- Subtitle C: Stockpiling of Defense Articles for Foreign Countries Subtitle D: Defense Offsets Disclosure
- Subtitle E: Automated Export System Relating to Export Information
- Subtitle F: International Arms Sales Code of Conduct Act of 1999
- Subtitle G: Transfer of Naval Vessels to Certain Foreign Countries
- Title XIII: Miscellaneous Provisions
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 - Division A: Department of State Provisions - Title I: Authorizations of Appropriations - Subtitle A: Department of State - Authorizes appropriations for the Department of State for FY 2000 and 2001 for: (1) administration of foreign affairs; (2) international commissions; (3) migration and refugee assistance (including for humanitarian assistance to Tibetan refugees in India and Nepal, refugees resettling in Israel, displaced Burmese and Sierra Leoneans, and for an international rape counseling program to counsel female victims of rape during times of war); (4) U.S. informational, educational, and cultural programs; (5) the Asia Foundation; (6) contributions to international organizations (including the U.S. assessment for the civil budget of the North Atlantic Treaty Organization) and international peacekeeping activities; and (7) certain voluntary contributions to international organizations.
Subtitle B: United States International Broadcasting Activities - Authorizes appropriations for FY 2000 and 2001 to carry out certain international broadcasting activities.
Title II: Department of State Basic Authorities and Activities - Subtitle A: Basic Authorities and Activities - Directs the Secretary of State to fill the position of Director of the Office of Children's Issues of the Department of State with an individual of senior rank who: (1) can ensure long-term continuity in the management and policy matters of the Office; and (2) has a strong background in consular affairs. Designates in each U.S. diplomatic mission an employee who shall serve as the point of contact for matters relating to international abductions of children by parents. Directs the Secretary, with a specified exception, to report semi-annually to each parent who has requested assistance regarding an abducted child.
(Sec. 202) Amends the Foreign Affairs Reform and Restructuring Act of 1998 to extend through September 30, 2001, the requirement that the Secretary report to the appropriate congressional committees on compliance by member countries with the Convention on the Civil Aspects of International Child Abduction (done at The Hague on October 25, 1980). Requires such report to include (among other things): (1) specific actions taken by the U.S. chief of mission in the country to which a child is alleged to have been abducted; (2) a list of countries party to the Convention in which parents who have been left-behind in the United States have not been able to secure prompt enforcement of a final return or access order under a Hague proceeding, of a U.S. custody, access, or visitation order, or of an access or visitation order in the country concerned, due to the absence of an effective method for enforcement of civil court orders, the absence of comity, or other factors; and (3) a description of the Secretary's efforts to encourage the parties to the Convention to facilitate the work of nongovernmental organizations within their countries that assist parents seeking the return of children under the Convention.
(Sec. 203) Directs the Secretary to report to the appropriate congressional committees on the investigation into the March 30, 1997, grenade attack in Cambodia.
(Sec. 204) Prohibits the State Department from obligating more funds than expressly authorized and appropriated (or obligating such funds unless the appropriate congressional committees are notified) for a U.S. pavilion or other major exhibit at any international exposition or world's fair registered by the Bureau of International Expositions.
(Sec. 205) Amends the Inspector General Act of 1978 to declare that the Inspector General of the Agency of International Development (AID) shall serve as the Inspector General of the Inter-American Foundation and the African Development Foundation.
(Sec. 206) Directs the Secretary to report to the appropriate congressional committees on the extent of international drug trafficking through Cuba since 1990.
(Sec. 207) Amends the Authorization for Use of Military Force Against Iraq Resolution to require the President to report to Congress at least once every 90 days (currently, 60 days) on the status of efforts to obtain Iraq's compliance with resolutions adopted by the UN Security Council in response to Iraq's aggression.
(Sec. 208) Amends the Foreign Service Act of 1980 to require the Director General of the Foreign Service to report to specified congressional committees summarizing the number of Foreign Service positions in each overseas mission requiring foreign language competence that became vacant during the previous year and were filled by individuals having the required foreign language competence.
(Sec. 209) Extends certain reporting requirements.
(Sec. 210) Authorizes interest accrued on certain joint funds under agreements for cooperation in environmental, scientific, cultural and related areas to be used by the State Department without return to the Treasury and without further appropriation by Congress.
(Sec. 211) Directs the Secretary to: (1) review extradition treaties and other agreements containing extradition obligations to which the United States is a party; and (2) report to the appropriate congressional committees regarding U.S. extradition policy.
Subtitle B: Consular Authorities - Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 with respect to fees charged for processing machine readable nonimmigrant visas and machine readable combined border crossing identification cards and nonimmigrant visas. Makes any fee collections that exceed a certain amount for FY 2000, 2001, and 2002 available for deposit as an offsetting collection to any State Department appropriation to recover the costs of providing consular services only if Congress is notified in accordance with specified reprogramming notification procedures.
Repeals: (1) provisions making inapplicable certain requirements concerning accounting for consular fees to fees collected under this section; and (2) the prohibition against the charging of fees to citizens of countries signatory to the North American Free Trade Agreement (NAFTA).
(Sec. 232) Authorizes the Secretary to charge a fee for State Department services provided to ensure that an affidavit of support provided by a sponsor is properly completed before it is forwarded to a consular post for adjudication of an immigrant visa.
(Sec. 233) Amends the Passport Act to provide that a nonrefundable fee of $10 shall be collected for the filing of each passport application (including the cost of passport issuance and use).
(Sec. 234) Amends the State Department Basic Authorities Act of 1956 to revise requirements concerning the State Department and the death of U.S. citizens abroad. Sets forth requirements regarding: (1) notification of next of kin by consular officers; (2) the appointment of such officers as conservators of a decedent's estate; and (3) losses in connection with the conservation of the estate.
(Sec. 236) Directs the Secretary to issue regulations that provide that before a child under age 14 is issued a passport: (1) both parents, or the child's legal guardian, have executed the application and provided documentary evidence demonstrating that they are who they say they are; and (2) the person executing the application has provided documentary evidence that he or she has sole custody of the child, has the consent of the other parent to the issuance of the passport, or is in loco parentis and has the consent of both parents, of a parent with sole custody over the child, or of the child's legal guardian.
(Sec. 237) Declares it shall be State Department policy to process immigrant visa applications of immediate relatives of U.S. citizens and nonimmigrant K-1 visa applications of fiances of U.S. citizens within 30 days (60 days for other than immediate relative) of the receipt of all necessary documents from the applicant and the Immigration and Naturalization Service (INS). Directs the Secretary to report annually to the appropriate congressional committees on the extent to which the State Department is meeting such policy standards.
(Sec. 238) Directs the Secretary to report to the appropriate congressional committees (including those specified) on the feasibility of decreasing the amount of an individual's arrearages of child support that would require the Secretary to refuse to issue such individual a passport.
Subtitle C: Refugees - Bars the use of funds (including migration and refugee assistance, unless the appropriate congressional committees are first notified) 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. 252) Requires a certain human rights report in connection with the provision of security assistance to a foreign country to include the extent to which such country has extended protection to refugees (including the provision of first asylum and resettlement).
(Sec. 253) Amends the International Religious Freedom Act of 1998 to include State Department employees together with INS personnel within guidelines that address potential biases by such personnel who are hired abroad and involved with duties which could constitute a barrier to a refugee claim if they carry a bias against the claimant on the grounds of religion, race, nationality, membership in a particular social group, or political opinion. Directs the Secretary to issue guidelines to ensure that persons with potential biases against a refugee applicant (including persons employed by, or otherwise subject to influence by, governments known to be involved in such persecution) shall not be used in processing determinations of refugee status, including interpretation of conversations or examination of documents presented by such applicants.
(Sec. 254) Directs the Secretary to establish a task force to determine and report to Congress on eligibility guidelines for women seeking refugee status overseas due to gender-related persecution.
(Sec. 255) Makes certain Vietnamese nationals eligible for in-country refugee processing and admittance into the United States for resettlement.
Title III: Organization and Personnel of the Department of State - Subtitle A: Organization Matters - Directs the Secretary to assess and report to specified congressional committees on the administrative and personnel requirements for the establishment of legislative liaison offices for the State Department within the House of Representatives and Senate office buildings.
(Sec. 302) Directs the Secretary to designate an existing senior- level State Department official with responsibility for promoting regional cooperation in and coordinating U.S. policy toward Northeastern Europe.
(Sec. 303) Directs the Secretary to designate a senior-level State Department official as the Science and Technology Adviser who shall advise the Secretary on international science and technology matters affecting U.S. foreign policy.
(Sec. 305) Earmarks certain additional amounts authorized to the Diplomatic Telecommunications Service Program Office (DTS-PO) for enhancement of Diplomatic Telecommunications Service capabilities. Sets forth specified actions the DTS-PO must take in order for it to better manage a fully integrated telecommunications network to service all agencies at diplomatic missions and consular posts.
Subtitle B: Personnel of the Department of State - Amends the State Department Basic Authorities Act of 1956 to provide for the award of the Foreign Service Star to an individual whose death or injury occurs overseas while performing official duties as a member of the Foreign Service or a civilian employee of the U.S. Government.
(Sec. 323) Amends the Foreign Service Act of 1980 to limit to no more than 33 percent (currently, 50 percent) the percentage of Senior Foreign Service members that may receive performance pay in any fiscal year.
(Sec. 324) Requires the Director of the Foreign Service to report to the appropriate congressional committees on the placement of Senior Foreign Service personnel.
(Sec. 325) Directs the State Department to report to the appropriate congressional committees on the feasibility of modifying current training programs so that the Department can provide significant and comprehensive management training at all career grades for Foreign Service personnel.
(Sec. 326) Requires the Secretary to report to the Speaker of the House of Representatives and a specified Senate committee on: (1) the steps taken and planned in furtherance of maximum compatibility among agencies utilizing the Foreign Service personnel system, and the development of uniform policies and procedures and consolidated personnel functions; and (2) a five-year workforce plan, including projected personnel needs, by grade and by skill.
(Sec. 327) Requires any record of disciplinary action that includes a suspension of more than five days taken against a member of the Foreign Service (including any correction of such record) to remain a part of the personnel records until such person is tenured as a career member of the Service or next promoted.
(Sec. 328) Requires an employee, at any time the Secretary recommends such employee be separated from the Service, to be placed on leave without pay pending final resolution of the case, subject to reinstatement with back pay if cause for separation is not established in a hearing before the Foreign Service Grievance Board.
(Sec. 329) Declares that nothing shall prevent a Foreign Service grievant from placing a rebuttal to accompany a record of disciplinary action in such grievant's personnel records, nor prevent the State Department from inserting a response to such rebuttal, including documenting those cases in which the Board has reviewed and upheld the discipline.
(Sec. 330) Reduces from three years to two years after the occurrence giving rise to such grievance the deadline for the filing of a grievance by a Foreign Service employee with the State Department; or, in the case of a grievance with respect to the grievant's rater or reviewer, one year after the date on which the grievant ceased to be subject to rating or review by the reviewer, but in no case less than two years after the occurrence giving rise to the grievance. Requires the Chairman of the Board to report to specified congressional committees on its activities during the previous year.
(Sec. 332) Authorizes the Secretary, whenever it is in the best interest of the United States, to allow the head of any Federal agency or other Government establishment to hire individuals abroad as members of the Foreign Service.
(Sec. 333) Requires a Foreign Service employee who regularly commutes from his or her place of residence in the United States to an official duty station in Canada or Mexico to receive a border equalization adjustment (locality pay adjustment).
(Sec. 334) Amends Federal law to set forth provisions regarding contributions made to the Thrift Savings Fund by Foreign Service employees who are reemployed by the Service after a temporary transfer to an international organization.
(Sec. 335) Authorizes the spouse and dependents of Foreign Service employees who have died at post in a foreign area to receive a transfer allowance (extraordinary, necessary, and reasonable subsistence and other relocation expenses) for their return to the United States.
(Sec. 336) Provides for an education allowance to an employee at a post in a foreign area not to exceed the cost of obtaining kindergarten, elementary and secondary educational services, plus room and board, where adequate schools are not available at the employee's post, and periodic transportation between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available. (Currently, an employee can receive an allowance only for a school at the nearest locality).
(Sec. 337) Authorizes up to three months advance pay to: (1) an employee (other than an employee appointed by the Secretary and employed as a family member of a Government employee) who is a U.S. citizen, stationed outside the United States, and requires (or has a family member who requires) medical treatment outside the United States; and (2) a foreign national employee who is appointed by the Secretary, or a non-family member U.S. citizen, who is stationed outside the country of employment, and must undergo medical treatment outside the country of employment.
(Sec. 338) Declares that Congress finds that administrative and technical personnel posted to U.S. missions abroad who do not have diplomatic status suffer financial disadvantages from their lack of such status. Requires the Secretary to report to the appropriate congressional committees on such disadvantages, including proposals to alleviate them.
(Sec. 339) Sets forth certain standards which must be followed with regard to Inspector General investigations of potential violations of Federal criminal law or Federal regulations (including certain reports on such investigations). Requires the Inspector General, in a certain annual report to the Secretary, to include: (1) a notification of any instance in which the Inspector General decided not to afford an individual the opportunity to refute any allegation with respect to an adverse personnel action; and (2) the rationale for denying the individual such opportunity. Declares that a failure to comply with such requirements shall not give rise to any private right of action in court or to any administrative grievance procedure.
(Sec. 340) Directs the President to report to the appropriate congressional committees on the benefits and compensation paid to the survivors of U.S. Government employees (including those in the uniformed services and Foreign Service National employees) killed in the performance of their duties abroad as a result of terrorist acts.
(Sec. 341) Amends the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted by division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)) to direct the Secretary to ensure that the advances made in increasing the number of women and minorities within the foreign affairs agencies of the Federal Government are not undermined by discrimination within the newly reorganized State Department.
Title IV: United States Informational, Educational, and Cultural Programs - Subtitle A: Authorities and Activities - Amends the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 to designate educational and cultural exchange programs between the United States and Tibet as the Ngawang Choephel Exchange Programs.
(Sec. 401) Extends through FY 2000 scholarships for Tibetan and Burmese students and professionals who live outside Tibet and Burma, respectively. Requires the scholarship program for Tibetan students, whenever practical, to give consideration to individuals who are active in the preservation of Tibet's culture, language, and religion.
(Sec. 402) Directs the Secretary (currently, the Director of the United States Information Agency (USIA)), in carrying out programs of educational and cultural exchange in countries whose people do not fully enjoy freedom and democracy, to provide, where appropriate, opportunities for significant participation in such programs to nationals of such countries who are, among other things, committed to advancing human rights and democratic values in such countries.
(Sec. 403) Amends the United States Information and Educational Exchange Act of 1948 to direct the Secretary, in coordination with other appropriate executive branch officials, to take all appropriate steps to: (1) prevent an agent of a foreign power from participating in educational and cultural exchange programs; and (2) ensure that no person who is involved in the research, development, design, testing, evaluation, or production of missiles or weapons of mass destruction or of chemical or biological weapons for offensive purposes is a participant in such programs.
(Sec. 404) Amends the Foreign Affairs Reform and Restructuring Act of 1998 (as enacted in division G of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277)) to repeal the abolition of the of the United States Advisory Commission on Public Diplomacy, and extend authority for it until October 1, 2001. Provides for the reduction of the Commission's staff and budget.
(Sec. 405) Prohibits the use of funds appropriated under this Act to support any training or exchange program conducted by the Federal Bureau of Investigation (FBI) (or any other Federal law enforcement agency) for the Royal Ulster Constabulary (RUC) or RUC members until the President reports to the appropriate congressional committees on past training programs between the FBI and the RUC, and makes a certain certification with respect to such future training activities.
Subtitle B: Russian and Ukrainian Business Management Education - Establishes a training program in Russia and the Ukraine for nationals of such countries to obtain skills in business administration, accounting, and marketing, with special emphasis on instruction in business ethics and in the basic terminology, techniques, and practices of those disciplines, to achieve international standards of quality, transparency, and competitiveness. Authorizes appropriations.
Title V: United States International Broadcasting Activities - Amends the United States International Broadcasting Act of 1994 to: (1) authorize appropriations for FY 2000 and 2001 for Radio Free Asia; and (2) extend its authority through FY 2009.
(Sec. 502) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to require the President to appoint (currently, designate) one member of the Broadcasting Board of Governors as Chairman of the Board, subject to the advice and consent of the Senate.
(Sec. 503) Expresses the sense of Congress that Radio Free Europe (RFE) and Radio Liberty (RL) Incorporated should continue to broadcast to the peoples of Central Europe, Eurasia, and the Persian Gulf until such time as a particular nation has established democratic rule, including a free and balanced media.
(Sec. 504) Amends the United States International Broadcasting Act of 1994 to grant immunity from civil liability to Broadcasting Board of Governors members while also acting as members of the board of directors of RFE/RL, Incorporated and Radio Free Asia.
Title VI: Embassy Security and Counterterrorism Measures - Secure Embassy Construction and Counterterrorism Act of 1999 - Authorizes appropriations for the purpose of acquiring, or providing major security enhancements to, U.S. diplomatic facilities in order to meet specified security requirements. Specifies among such requirements that: (1) threat assessments such as the Emergency Action Plan (EAP) and the Security Environment Threat List address threats to U.S. missions from large vehicular bombs and transnational terrorism; (2) in the selection of sites for new U.S. diplomatic facilities abroad, all U.S. Government agency personnel (except those under U.S. military command) be located on the site; (3) each newly acquired U.S. diplomatic facility be sited not less than 100 feet from the perimeter of the property on which the facility is situated; (4) appropriate State Department and U.S. diplomatic personnel undertake crisis management training for mass casualty and mass destruction incidents relating to diplomatic facilities; (5) the Secretary develop annual physical fitness standards for all diplomatic security agents; (6) there is adequate State Department support for the Foreign Emergency Support Team (FEST); (7) the Secretary enter into a memorandum of understanding (MOU) with the Secretary of Defense setting out rapid response procedures for mobilization of personnel and equipment of their respective departments to provide more effective assistance in times of emergency with respect to U.S. diplomatic facilities; and (8) all U.S. diplomatic missions have emergency equipment and records stored at a secure off-site facility.
(Sec. 605) Directs the Secretary to report annually for five years to the appropriate congressional committees an identification of U.S. diplomatic facilities that are priority for replacement or for major security enhancement because of vulnerability to terrorist attack, setting them out, in groups of 20, from the most vulnerable to the least vulnerable. Dedicates the use of account funds to facilities in the first four groups.
(Sec. 607) Directs the Secretary to review, and report to the appropriate congressional committees on, the findings of the Overseas Presence Advisory Panel with respect to the closure of vulnerable U.S. diplomatic missions overseas.
(Sec. 608) Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to provide that the Secretary is not required to convene an Accountability Review Board after the occurrence of serious injury, loss of life, or significant destruction of property, or breach of security at a Department of Defense (DOD) facility in cases where the Secretary has delegated operational control of overseas security to the Secretary of Defense.
Requires the Secretary, subject to a specified exception, to convene a Board not later than 60 days after the occurrence of serious injury, loss of life, or significant destruction of property, or breach of security at a U.S. diplomatic mission (except that such 60-day period may be extended for one additional 60-day period if it is necessary for the convening of the Board). Requires the Secretary whenever he or she convenes a Board to inform the chairman of a specified congressional committee and the Speaker of the House of Representatives.
(Sec. 609) Directs the Secretary of State to report to the appropriate congressional committees on a proposed operational plan and site selection to establish an International Law Enforcement Academy on the African continent in anti-terrorism and transnational crime fighting.
Title VII: International Organizations and Commissions - Subtitle A: International Organizations Other than the United Nations - Amends the Department of State Authorization Act, Fiscal Years 1984 and 1985 to redesignate: (1) the United States-European Community Interparliamentary Group as the Transatlantic Legislators' Dialogue (United States-European Union Interparliamentary Group); and (2) the North Atlantic Assembly as the NATO Parliamentary Assembly.
(Sec. 702) Authorizes the Commissioner of the U.S. Section of the International Boundary and Water Commission to provide technical tests, evaluations, information, surveys, or other similar services to State or local governments upon request on a reimbursable basis.
(Sec. 703) Amends the American-Mexican Chamizal Convention Act of 1964 to authorize the Commissioner of the International Boundary and Water Commission to receive payments of money from public or private sources in the United States or Mexico for the purpose of sharing in the cost of operations and maintenance of the Bridge of the Americas which crosses the Rio Grande between El Paso, Texas, and Ciudad Juarez, Chihuahua.
(Sec. 704) Directs the Secretary of State to report semiannually to Congress on the status of efforts by the U.S. Government to support membership and participation of Taiwan in international organizations.
(Sec. 705) Prohibits the United States from becoming a party to the International Criminal Court except pursuant to a treaty made according to the U.S. Constitution after enactment of this Act.
Prohibits the use of funds made available by any Act to: (1) support the International Criminal Court unless the United States becomes a party to the Court; (2) extradite a U.S. citizen to a foreign nation that is under obligation to surrender persons to the Court unless such nation confirms that applicable prohibitions on reextradition apply to such surrender or gives other assurances that it will not extradite or transfer that citizen to the Court; or (3) provide consent to the extradition or transfer of a U.S. citizen to a third country by a foreign country that is under obligation to surrender persons to the Court, unless the third country makes such confirmation.
(Sec. 707) Amends the Foreign Affairs Reform and Restructuring Act of 1998 to extend through FY 2000 and 2001 certain requirements prohibiting, without a prior estimated expense report to the Department's Director of the Office of International Conferences, the use of funds under such Act to pay: (1) foreign travel expenses of an employee of the U.S. Executive agencies (with certain exceptions) in attending any international conference; or (2) the routine services that a U.S. diplomatic mission provides in support of travel by such employee. Makes permanent the requirement that the Director report to Congress with respect to each international conference.
(Sec. 708) Amends the United Nations Participation Act of 1945 and the International Atomic Energy Agency Participation Act of 1957 to require the U.S. representative to the Vienna office of the UN to serve also as U.S. representative to the International Atomic Energy Agency.
Subtitle B: United Nations Activities - Declares it to be U.S. policy to: (1) promote an end to Israel's inequity in the UN due to its denied acceptance into any of the UN's regional blocs; and (2) seek abolition of certain UN Palestinian groups. Directs the Secretary to report to the appropriate congressional committees on: (1) actions taken by U.S. representatives to encourage nations of the Western Europe and Others Group (WEOG) to accept Israel into their regional bloc; (2) other measures taken to ensure and promote Israel's full participation in the UN; and (3) steps taken by the United States to secure the abolition of the UN Palestinian groups.
(Sec. 722) Amends the Foreign Assistance Act of 1961 to direct the President to provide the Secretary General of the UN with data regarding all costs incurred by DOD, as well as all costs incurred by all UN members, during the preceding year in support of all UN Security Council resolutions.
(Sec. 723) Amends the United Nations Participation Act of 1945 to direct the President to obtain reimbursement from the UN for expenses incurred by it in UN peacekeeping operations, with specified exceptions. Provides a waiver for such requirement if it is in the national interest of the United States.
(Sec. 724) Revises certain congressional reporting requirements with respect to UN peacekeeping operations (including U.S. participation in such operations) to require the President to consult with Congress monthly on the status of such operations (currently, the President must report at least annually). Directs the President to notify designated congressional committees at least 15 days before the United States provides assistance to the UN for peacekeeping operations, with specified exceptions.
Title VIII: Miscellaneous Provisions - Subtitle A: General Provisions - Prohibits the Secretary of State from issuing any visa to, and the Attorney General from admitting to the United States, any foreign national that has been directly involved in the enforcement of population control policies forcing a woman to undergo an abortion against her free choice, or forcing a man or woman to undergo sterilization against his or her free choice, unless such national has discontinued his or her involvement with, and support for, such policies. Authorizes the President to waive such prohibition if: (1) it is in the national interest of the United States; and (2) Congress is notified in writing.
(Sec. 803) Directs the Secretary to report to the appropriate congressional committees with respect to steps being taken by the Government of Morocco and by the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (POLISARIO) to ensure a free, fair, and transparent referendum in July 2000 in which the Western Saharan people will choose between independence and integration with Morocco.
(Sec. 804) Amends the PLO Commitments Compliance Act of 1989 to require a certain report of the President to the Speaker of the House and the chairman of a specified congressional committee to include statements on: (1) the effectiveness of end-use monitoring of international or U.S. aid being provided to the Palestinian Authority, Palestinian Liberation Organization, or the Palestinian Legislative Council to comply with international accounting standards and on enforcement of anti-corruption measures; and (2) compliance by the Palestinian Authority with democratic reforms.
(Sec. 805) Directs the Secretary of State to report semiannually to the appropriate congressional committees regarding terrorist attacks against U.S. citizens in Israel or in territories administered by Israel or by the Palestinian Authority (including a list of suspects implicated in such attacks).
(Sec. 806) Amends the Foreign Assistance Act of 1961 with respect to the Secretary of State's annual reports to Congress concerning the human rights situation in countries proposed to receive security or development assistance. Authorizes the Secretary to include in such reports information regarding the commission of war crimes, crimes against humanity, and evidence of acts that may constitute genocide.
Subtitle B: North Korea Threat Reduction - North Korea Threat Reduction Act of 1999 - Prohibits any agreement for cooperation between the United States and North Korea, or issuance of a license for the export, or approval for the transfer or retransfer, to North Korea of any nuclear material, facilities, goods, services, or technology that would be subject to such agreement, until the President determines and reports to specified congressional committees that North Korea has come into full compliance with the Agreed Framework and other specified nuclear nonproliferation agreements, has permitted the International Atomic Energy Agency full access to certain nuclear sites and material, does not have uranium enrichment or nuclear reprocessing facilities, and does not have nuclear weapons and is making no effort to acquire them.
Subtitle C: People's Republic of China - Earmarks specified funds for FY 2001 for the support of additional personnel in U.S. Embassies in Beijing and Kathmandu, as well as the American consulates in Guangzhou, Shanghai, Shenyang, Chengdu, and Hong Kong, China, in order to monitor political and economic conditions there, including the respect for internationally recognized human rights.
(Sec. 873) Establishes the Prisoner Information Registry for the People's Republic of China which shall provide information on all political prisoners, prisoners of conscience, and prisoners of faith in China. Makes funds available to nongovernmental organizations for such monitoring activities.
Title IX: Arrears Payments and Reform - Subtitle A: General Provisions - United Nations Reform Act of 1999 - Defines terms.
Subtitle B: Arrearages to the United Nations - Authorizes appropriations for FY 1999 and 2000 only for the payment of arrearages in assessed contributions to the UN for: (1) the U.S. share of assessments for the regular UN budget; (2) the U.S. share of UN peacekeeping operations; (3) the U.S. share of UN specialized agencies; and (4) the U.S. share of other international organizations.
(Sec. 913) Authorizes the President to forgive or reduce any amount (up to a total of $107 million) owed by the UN to the United States as reimbursement, including any payable under the Foreign Assistance Act of 1961 or the United Nations Participation Act of 1945.
(Sec. 921) Authorizes the disbursement of funds under this subtitle only upon submission to Congress of certain certifications concerning: (1) continuing U.S. sovereignty vis-a-vis the UN; and (2) the reform of UN fiscal, budget, and personnel practices, assessments, and peacekeeping operations.
Subtitle C: Miscellaneous Provisions - Prohibits the use of funds to pay any arrearage for: (1) the United Nations Industrial Development Organization (UNIDO), including any costs to merge it into the UN; (2) the costs associated with any UN organization from which the United States has withdrawn; or (3) the World Tourism Organization, or any other organization with respect to which Congress has rescinded funding.
Division B: Arms Control, Nonproliferation, and Security Assistance Provisions - Arms Control, Nonproliferation, and Security Assistance Act of 1999 - Title XI (sic): Arms Control and Nonproliferation - Arms Control and Nonproliferation Act of 1999 - Subtitle A: Arms Control - Authorizes the Secretary of State to transfer available State Department funds to the DOD, Department of Energy (DOE), or any other agency of the intelligence community, as needed, for retraining, researching, developing, or acquiring technologies or programs relating to the verification of arms control, nonproliferation and disarmament agreements or commitments. Earmarks amounts (Key Verification Assets Fund) for this purpose.
(Sec. 1112) Directs the Secretary to designate one of the Assistant Secretaries of State as the Assistant Secretary of State for Verification and Compliance.
(Sec. 1113) Amends the Arms Control and Disarmament Act to require a certain annual ("Pell") report by the President to Congress to include: (1) a detailed assessment of adherence of the United States to obligations undertaken in arms control, nonproliferation, and disarmament commitments (including the Missile Technology Control Regime); and (2) a specific identification, to the maximum extent practicable in unclassified form, of each and every question that exists with respect to compliance by other countries with arms control, nonproliferation, and disarmament agreements with the United States.
(Sec. 1114) Requires the Director of Central Intelligence to report to the appropriate congressional committees on: (1) a comprehensive identification of all monitoring activities associated with the START and START II treaties; (2) the specific intelligence community assets and capabilities of which the Senate was informed, before giving advice and consent to ratification of the treaties, would be necessary to accomplish those activities; (3) an identification of the extent to which those assets and capabilities have, or have not, been attained or retained, and the corresponding effect this has had upon U.S. monitoring confidence levels; and (4) an assessment of any Russian activities relating to the START Treaty which have had an impact upon the U.S. ability to monitor Russian adherence to the Treaty.
(Sec. 1115) Requires the Secretary, upon the request of the chairman or ranking member of specified congressional committees, to report to such committee on the degree to which elements of an arms control, nonproliferation, or disarmament proposal are capable of being verified.
(Sec. 1116) Requires, to the maximum extent practicable, the Government to make certain raw seismological data available to the public.
(Sec. 1117) Directs the U.S. National Authority, upon the request of the Director of the Federal Bureau of Investigation (FBI), to reimburse the FBI for all costs (up to $2 million) incurred by it in connection with the protection of U.S. companies.
(Sec. 1118) Requires the Secretary of State to report to specified congressional committees on the status of any U.S. delegation engaged in negotiations on arms control, nonproliferation, or disarmament.
National Security and Corporate Fairness under the Biological Weapons Convention Act - Directs the President to: (1) conduct a series of national security trial investigations and trial visits to develop a compliance protocol to the Biological Weapons Convention that ensures that the compliance procedures of such protocol adequately protect U.S. national security; and (2) report to specified congressional committees with respect to such investigations and trials.
Subtitle B: Nuclear Nonproliferation, Safety, and Related Matters - Amends the Nuclear Non-Proliferation Act of 1978 to require certain Federal agencies to notify specified congressional committees with respect to their activities for preventing proliferation, including the proliferation of nuclear, chemical, or biological weapons, or their means of delivery. Requires the Director of Central Intelligence to notify such committees about the current activities of foreign nations which are of significance from the proliferation standpoint.
(Sec. 1132) Prohibits the provision of U.S. assistance to any person involved in the research, development, design, testing, or evaluation of chemical or biological weapons for offensive purposes (unless the activity is conducted under certain provisions of the National Security Act of 1947).
(Sec. 1133) Directs the Secretary of Energy to report to specified congressional committees with respect to the agreement between the United States and Russia for the disposition of excess weapons plutonium. Expresses the sense of Congress that, whenever the President submits the agreement to establish a mixed oxide fuel fabrication or production facility in Russia, the Secretary should certify specified nonproliferation guaranties to specified congressional committees with respect to such facility.
(Sec. 1134) Requires specified Federal agencies to provide Congress with information on their activities to prevent the proliferation of nuclear weapons.
(Sec. 1138) Authorizes appropriations from certain nonproliferation foreign operations accounts for science and technology centers in the independent states of the former Soviet Union.
(Sec. 1139) Authorizes the use of such funds for certain research and international exchange activities to support the redirection of former Soviet weapons scientists.
Title XII: Security Assistance - Security Assistance Act of 1999 - Subtitle A: Transfers of Excess Defense Articles - Amends Federal law to extend through FY 2001 DOD authority to transfer excess defense articles to countries eligible to participate in the Partnership for Peace program and eligible for assistance under the Support for East European Democracy (SEED) Act of 1989.
(Sec. 1211) Amends the Foreign Assistance Act of 1961 to extend through FY 2004 the President's authority to transfer excess defense articles to Greece and Turkey.
(Sec. 1212) Authorizes for FY 2000 and 2001 the use of funds made available to DOD for crating, packing, handling, and transportation of excess defense articles to Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine, and Uzbekistan.
(Sec. 1213) Increases the aggregate value of excess defense articles that can be transferred to eligible countries in a given year.
Subtitle B: Foreign Military Sales Authorities - Provides that expenses for termination of foreign military training programs under the Arms Export Control Act (AECA) may include the expenditure of funds to complete the training or studies outside the countries of origin of students whose course of study or training program began before assistance was terminated, as long as the origin country's termination was not a result of activities beyond default of financial responsibilities.
(Sec. 1222) Amends AECA to authorize the sale of excess Coast Guard defense articles and defense services to eligible foreign countries and international organizations.
(Sec. 1223) Declares that: (1) direct costs associated with meeting additional or unique requirements of the purchaser shall be an allowable cost under DOD procurement contracts; and (2) loadings applicable to such direct costs shall be permitted at the same rates applicable to procurement of like items purchased by the DOD for its own use.
(Sec. 1224) Applies certain numbered congressional certification requirements with respect to the upgrade of major defense articles, equipment, or services to their direct commercial sale as well.
(Sec. 1225) Requires any agreement for the sale or lease of any article on the United States Munitions List entered into by the U.S. Government to state that the U.S. Government retains the right to verify credible reports that such article has not been used as authorized.
Subtitle C: Stockpiling of Defense Articles for Foreign Countries - Amends the Foreign Assistance Act of 1961 to increase the maximum value of additions to stockpiles in foreign countries in FY 2000. Makes amounts available for such stockpiles in South Korea and Thailand.
(Sec. 1232) Authorizes the President, during a three-year period, to transfer to South Korea and Thailand certain obsolete or surplus defense articles in return for concessions to be negotiated by the Secretary of Defense. Requires the value of such concessions to be at least equal to the fair market value of the transferred items. Requires the President to notify Congress of a proposed transfer, including the identity of the items to be transferred and the concessions to be received.
Subtitle D: Defense Offsets Disclosure - Defense Offsets Disclosure Act of 1999 - Declares that it is U.S. policy to monitor the use of offsets in the defense industry (the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services), to promote fairness in international trade, and to ensure an appropriate level of foreign participation in production of U.S. weapons systems.
(Sec. 1244) Expresses the sense of Congress that: (1) the executive branch should pursue efforts to address trade fairness by establishing reasonable, business-friendly standards for the use of offsets in international business transactions among U.S. trading partners and competitors; (2) the Secretary of Defense, the Secretary of State, the Secretary of Commerce, and the United States Trade Representatives should raise the need for transparency and reasonable standards with other industrialized nations at every venue; and (3) the U.S. Government should enter into discussions for the establishment of multilateral standards for the control of the use of offsets in international defense trade through the appropriate multilateral fora (like the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G-8, and the World trade Organization), taking into account the distortions produced by the provision of other benefits and subsidies by various countries to support defense trade.
(Sec. 1245) Amends AECA to require certain numbered certifications to Congress with respect to any letter of offer to sell (Government-to-Government sale), or license for export (commercial sale), major defense equipment in the amount of $14 million or more, or defense articles or services in the amount of $50 million or more. Requires each numbered certification to include a description of any offset agreement. Treats such information as confidential.
(Sec. 1246) Extends to exports of defense articles or services the current prohibition against incentive payments by U.S. suppliers to satisfy any offset agreement with a foreign country to which such articles or services are sold.
(Sec. 1247) Establishes a National Commission on the Use of Offsets in Defense Trade to address all aspects of the use of offsets in international defense trade. Requires the Commission to report to the appropriate congressional committees with respect to such offset agreements.
(Sec. 1248) Directs the President to initiate, and report to the appropriate congressional committees on, a review to determine the feasibility of establishing, and the most effective means of negotiating, a multilateral treaty on standards for the use of offsets in international defense trade, with a goal of limiting all offset transactions injurious to the U.S. economy.
Subtitle E: Automated Export System Relating to Export Information - Proliferation Prevention Enhancement Act of 1999 - Amends Federal law to direct the Secretary of Commerce to publish regulations requiring exporters of items on the U.S. Munitions List or the Commerce Control List to file their Shippers' Export Declarations through an Automated Export System (electronic filing).
(Sec. 1253) Expresses the sense of Congress urging exporters (or their agents) who are required to file Shippers' Export Declarations, but are not required under this Act to file them using the Automated Export System, to do so anyway.
(Sec. 1254) Requires the Secretary of Commerce to report to the appropriate committees of Congress on: (1) the advisability and feasibility of mandating electronic filing through the Automated Export System for all Shippers' Export Declarations; (2) the manner in which data gathered through the System can most effectively be used by other automated licensing systems administered by Federal agencies; and (3) a proposed timetable for any expansion of information required to be filed through the System.
(Sec. 1255) Authorizes the Secretary of State to use funds to employ: (1) up to 40 percent of the individuals who are performing services within the Office of Defense Trade Controls of the Department of State in positions classified at GS-14 and GS-15; and (2) other individuals within the Office at a rate of basic pay that may exceed the maximum rate payable for positions classified at GS-15.
Subtitle F: International Arms Sales Code of Conduct Act of 1999 - International Arms Sales Code of Conduct Act of 1999 - Directs the President to attempt through negotiations with other countries (including countries in the United Nations Register of Conventional Arms) to achieve the foreign policy goal of an international arms sales code of conduct that limits, restricts, or prohibits arms transfers to countries that do not observe certain fundamental values of human liberty, peace, and international stability.
Subtitle G: Transfer of Naval Vessels to Certain Foreign Countries - Declares that the value of certain naval vessels transferred on a grant basis to another country pursuant to specified authority of the National Defense Authorization Act for Fiscal Year 2000 shall not be counted under the Foreign Assistance Act of 1961 for the limitation on the aggregate value of excess defense articles that can transferred to such country in any fiscal year.
Title XIII: Miscellaneous Provisions - Amends the AECA to require a U.S. person to whom a license has been granted to export significant military equipment listed on the U.S. Munitions List to report to the Department of State on all shipment information, including a description of the equipment and the quantity, value, port of exit, end-user, and its destination. Requires the President to include, among other things, a report on all such exports in a certain quarterly unclassified report to Congress.
(Sec. 1303) Authorizes the Secretary of State to commence a civil action to recover civil penalties with respect to violations regarding the export of defense articles and services to foreign countries and terrorist supporting countries, instead of imposing certain administrative sanctions.
(Sec. 1305) Authorizes the President to consent to the retransfer by the Government of Greece of HS Rodos (ex-U.S.S. Bowman County (LST 391)) to the USS LST Ship Memorial, Inc. Sets forth specified conditions for the granting of the consent.
(Sec. 1306) Amends the Foreign Assistance Act of 1961 to require a specified annual report to Congress regarding the export of defense articles (including excess defense articles) and services to foreign countries to specify, among other things, whether such defense articles were furnished with U.S. aid, including through loans and guarantees.
(Sec. 1307) Directs the Secretaries of Defense and of State to report jointly to the appropriate congressional committees on all military training provided to foreign military personnel by DOD and the State Department during the previous and current fiscal years.
(Sec. 1308) Urges the President to transfer on a grant basis certain excess defense articles to the Government of the Philippines. Authorizes appropriations.
(Sec. 1309) Directs the Secretary of State to establish a regulatory regime for the licensing (including expedited approval) for export by U.S. companies of commercial satellites, satellite technologies, and satellite systems to NATO allies and major non-NATO allies. Authorizes appropriations for the Office of Defense Trade Controls of the State Department.
(Sec. 1310) Directs the Secretary of State to report to specified congressional committees on the performance of the licensing process under AECA, including recommendations on how to improve it.
(Sec. 1311) Directs the Secretary of State to report to the appropriate congressional committees regarding the proliferation of small arms.
Text of the Embassy Security Act (P.L. 106-113) [.pdf]