take place later than 2 years after the date of enactment of this Act.

(2) 55 (A) In order to come into compliance with section 401(c) of the State Department Basic Authorities Act of 1956 (as amended by this section) the Secretary of State shall ensure that, by the end of the 3-year period beginning on the date of the enactment of this Act, all volumes of the Foreign Relations of the United States historical series (FRUS) for the years that are more than 30 years before the end of that 3-year period have been published.

(B) If the Secretary cannot reasonably meet the requirements of subparagraph (A), the Secretary shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and describe how the Department of State plans to meet the requirements of subparagraph (A). In no event shall volumes subject to subparagraph (A) be published later than 5 years after the date of the enactment of this Act.

TITLE II-UNITED STATES INFORMATIONAL,
EDUCATIONAL, AND CULTURAL PROGRAMS
PART A-UNITED STATES INFORMATION AGENCY 56

PART B-BUREAU OF EDUCATIONAL AND CULTURAL
AFFAIRS 57

PART C-BUREAU OF BROADCASTING 58

PART D-BOARD FOR INTERNATIONAL BROADCASTING 59

TITLE III- MISCELLANEOUS FOREIGN POLICY
PROVISIONS

PART A-FOREIGN POLICY PROVISIONS

SEC. 301.60 PERSIAN GULF WAR CRIMINALS

(a) INTERNATIONAL CRIMINAL TRIBUNAL.

55 22 U.S.C. 4351 note.

56 For text of freestanding provisions in this part relating to the United States Information Agency, see page 837.

57 For text of freestanding provisions in this part relating to the Bureau of Educational and Cultural Affairs, see page 842.

58 For text of freestanding provisions in this part relating to the Bureau of Broadcasting, see page 1014.

For freestanding provisions in this part relating to the Board for International Broadcasting, see page 1016.

80 For other legislation on U.S. policy toward Iraq, see Legislation on Foreign Relations Through 1992, vol. I, beginning at page 727.

(1) PROPOSAL FOR ESTABLISHMENT.-It is the sense of the Congress that the President, acting through the Permanent Representative of the United States to the United Nations, should propose to the Security Council the establishment of an international criminal tribunal for the prosecution of Persian Gulf war criminals who may not more appropriately be prosecuted in Federal and specially appointed courts of the United States.

(2) ALTERNATIVE MEANS FOR ESTABLISHMENT.-If the United Nations Security Council fails to take action to establish an international criminal tribunal for the prosecution of Persian Gulf war criminals, it is the sense of the Congress that the President should work with the partners in the coalition of nations participating in Operation Desert Storm to establish such an international criminal tribunal.

(b) DESIGNATION OF RESPONSIBILITY AT STATE DEPARTMENT.-The Secretary of State shall designate a high level official with responsibility for

(1) the development of a proposal for the prosecution of Persian Gulf War criminals in an international tribunal, including proposing in the United Nations the establishment of such a tribunal, and advising the United States Permanent Representative to the United Nations in any discussion or negotiations concerning such matters;

(2) advising the President on the appropriate jurisdiction for the prosecution of Persian Gulf war criminals; and

(3) supporting and facilitating United States implementation of its duties and responsibilities with respect to any tribunal which may be established for the prosecution of Persian Gulf war criminals.

(c) 61 PRESIDENTIAL REPORT.-Not later than 30 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report

(1) setting forth the proposal developed under subsection (b)(1);

(2) describing the evidence of crimes under international law that justifies the prosecution of Persian Gulf war criminals before an international criminal tribunal; and

(3) identifying Iraqi authorities who should be prosecuted for committing such crimes.

SEC. 302.62 BENEFITS FOR UNITED STATES HOSTAGES CAPTURED IN LEBANON.

61 In a memorandum of November 26, 1991 (56 F.R. 64551), to the Secretary of State, the President delegated to the Secretary the reporting requirements of this subsection, to be "exercised in consultation with the Secretary of Defense and the Attorney General".

62 Sec. 302 amended sec. 599C of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 (5 U.S.C. 5561 note), effective as of the date of enactment of that Act (November 5, 1990).

SEC. 303.63 REPORTS CONCERNING CHINA.

(a) REPORT TO CONGRESS.-Not later than May 1, 1992 and May 1, 1993, the President shall submit to the Chairmen and Ranking Members of the appropriate congressional committees a report detailing specific progress or lack thereof by the People's Republic of China in the following areas:

(1) Human rights, including

(A) the surveillance, intimidation, and harassment of Chinese citizens living within China because of their prodemocracy activities;

(B) the surveillance, intimidation, and harassment of Chinese citizens living within the United States because of their pro-democracy activities with particular focus on those whose passports have been confiscated or not renewed in retaliation for pro-democracy activities;

(C) the use of torture or other cruel, inhuman, or degrading treatment or punishment;

(D) political prisoners, including those in Tibet, still held against their will and those who have received amnesty from the Chinese Government for their pro-democracy activities;

(E) prolonged detention without charges and trials, and sentencing of members of the pro-democracy movement for peaceful demonstrations for democracy;

(F) the use of forced labor of prisoners to produce cheap goods for export to countries, including the United States, in violation of labor treaties and United States law;

(G) the Chinese Government's willingness to permit access for international human rights monitoring groups to prisoners, trials, and places of detention; and

(H) the detention and arrest of religious leaders and members of religious groups, including those under house arrest, detained, or imprisoned as a result of their expressions of religious belief. (2) Weapons proliferation

(A) Exports by the People's Republic of China which relate to improving the military capabilities of nations in the Middle East and South Asia, including a description of previous and potential future transfers of

(i) M-series ballistic missile systems, and of technology and assistance related to the production of such missile systems;

(ii) technologies capable of producing weapons-grade nuclear material; and

(iii) technology and materials needed for the production or use of chemical and biological arms.

(B) JOINING ARMS SUPPLIER REGIMES.-The adoption of guidelines and restrictions set forth by

63 In a memorandum of May 18, 1992, the President delegated functions in sections 303 and 324, relating to reports concerning weapons proliferation, human rights, and trade practices in the People's Republic of China, to the Secretary of State in consultation with the Secretary of Defense, Secretary of Commerce, Director of the U.S. ACDA, the USTR (with respect to the functions described in section 303), and other appropriate departments and agencies (57 F.R. 22409; May 28, February 14, 1992).

(i) the Missile Technology Control Regime;

(ii) the Australia Group on Chemical and Biological arms proliferation; and

(iii) the Nuclear Suppliers Group.

(3) Restrictions on trade between the United States and China, which are not described in the National Trade Estimate Report required under section 181 of the Trade Act of 1974, including

(A) internal trade barriers to American goods and products, with particular attention paid to those implemented since the Tiananmen Square massacre in 1988;

(B) regulations established since 1988 to ensure strict control over more than 100 categories of products;

(C) excessive duties imposed on imports to China; (D) excessive licensing requirements for imported goods; (E) restrictions on private ownership of property, including capital;

(F) section 301 violations, including attempts to evade United States import quotas; and

(G) protection for intellectual property.

(b) HISTORICAL BACKGROUND.-The report shall also include

(1) a compendium of the most significant actions taken by the Chinese government since the Tiananmen Square massacre in each of the areas of the report (human rights, arms sales and nuclear proliferation and trade); and

(2) a list of the most significant United States actions taken since 1988 to underscore United States concerns about Chinese policies, including consultations and communications encouraging other governments to take similar actions.

(c) CLASSIFIED ANNEX.-The report may include a classified annex detailing Chinese arms sales and nuclear weapons proliferation activities. All other aspects of the report shall be unclassified.

(d) APPROPRIATE CONGRESSIONAL COMMITTEES.-The "appropriate congressional committees" referred to in subsection (a) shall include the Committee on Foreign Relations and the Committee on Finance of the Senate and the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives.

SEC. 304. REPORT ON TERRORIST ASSETS IN THE UNITED STATES.

(a) REPORTS TO CONGRESS.-Beginning 90 days after the date of enactment of this Act and every 365 days thereafter, the Secretary of the Treasury shall submit to the Committee on Foreign Relations and the Committee on Finance of the Senate and the Committee on Foreign Affairs and the Committee on Ways and Means of the House of Representatives a report describing the nature and extent of assets held in the United States by terrorist countries and any organization engaged in international terrorism.

(b) DEFINITIONS.-For purposes of this section

(1) the term "terrorist countries", refers to countries designated by the Secretary of State under section 40(d) of the Arms Export Control Act; and

(2) the term "international terrorism" has the meaning given such term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989.

PART B-ARMS CONTROL AND PROLIFERATION 64

SEC. 321.65 LIMITATION ON RESCISSION OF PROHIBITIONS APPLICABLE TO TERRORIST COUNTRIES. *

SEC. 322. POLICY ON MIDDLE EAST ARMS SALES.

In recognition of the particular volatility of the Middle East, the tremendous cost in human lives and suffering in the aftermath of the aggression by Iraq, and imperative that stability be maintained in the region while the course toward lasting peace is pursued, the authority to make sales under the Arms Export Control Act or to furnish military assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 shall be exercised with regard to the Middle East for the objectives set forth in law and that the President should

(1) transfer defense articles and services only to those nations that have given reliable assurances that such articles will be used only for internal security, for legitimate self-defense, to permit the recipient country to participate in regional or collective arrangements or measures consistent with the Charter of the United Nations, or otherwise to permit the recipient country to participate in collective measures requested by the United Nations for the purpose of maintaining or restoring international peace and security;

(2) transfer defense articles and services to nations in the region only after it has been determined that such transfers will not contribute to an arms race, will not increase the possibility of outbreak or escalation of conflict and will not prejudice the development of bilateral or multilateral arms control arrangements; and

(3) take steps to ensure that each nation of the Middle East that is a recipient of United States defense articles and services

(A) affirms the right of all nations in the region to exist within safe and secure borders; and

(B) supports or is engaged in direct regional peace negotiations.

SEC. 323.66 MISSILE TECHNOLOGY.

SEC. 324.63 REPORT ON CHINESE WEAPONS PROLIFERATION PRACTICES. (a) REQUIREMENT.-Within 90 days of the enactment of this Act the President shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on "Chinese Nuclear, Chemical, Biological, and Missile Proliferation Practices".

64 See other arms control legislation, beginning at page 1051.

65 Sec. 321 amended sec. 40(f) of the Arms Export Control Act (22 U.S.C. 2780(f)).

66 Sec. 323 amended secs. 73 and 74 of the Arms Export Control Act (22 U.S.C. 2797b and 2797c).