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17. Commission on Security and Cooperation in Europe a. Establishing a Commission on Security and Cooperation in

Europe Public Law 94-304 (S. 2679), 90 Stat. 661, approved June 3, 1976; as amended by

Public Law 94-534 (H.R. 15813), 90 Stat. 2495, approved October 17, 1976; Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598), 92 Stat. 963 at 992, approved October 7, 1978; Public Law 96-60 [Department of State Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363), 93 Stat. 395 at 403, approved August 15, 1979; Public Law 99-7 (S. 592), 99 Stat. 19, approved March 27, 1985; Public Law 99-190 (Further Continuing Appropriations, Fiscal Year 1986; H.R. 465), 99 Stat. 1322, approved December 19, 1985; and by Public Law 102-138 (Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415), 105 Stat. 647, approved October 28, 1991

AN ACT To establish a Commission on Security and Cooperation in Europe. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 1 That there is established the Commission on Security and Cooperation in Europe (hereafter in this Act referred to as the “Commission”).

SEC. 2.2 The Commission is authorized and directed to monitor the acts of the signatories which reflect compliance with or violation of the articles of the Final Act of the Conference on Security and Cooperation in Europe, with particular regard to the provisions relating to human rights and 3 Cooperation in Humanitarian Fields. The Commission is further authorized and directed to monitor and encourage the development of programs and activities of the United States Government and private organizations with a view toward taking advantage of the provisions of the Final Act to expand East-West economic cooperation and a greater interchange of people and ideas between East and West.

SEC. 3.4 The Commission shall be composed of twenty-one members as follows:

122 U.S.C. 3001. Sec. 422 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 457) provided the following:

"SEC. 422. CONFERENCE ON SECURITY AND COOPERATION IN EUROPE. "The President is authorized to implement, for the United States, the provisions of Annex 1 of the Decision concerning Legal Capacity and Privileges and Immunities, issued by the Council of Ministers of the Conference on Security and Cooperation in Europe on December 1, 1993, in accordance with the terms of that Annex.”.

2 22 U.S.C. 3002.
3 The words "human rights and” were added by sec. 2 of Public Law 99-7 (99 Stat. 18).

4 22 U.S.C. 3003. Sec. 3 was amended and restated by secs. (1/a) and (b) of Public Law 99-7, (99 Stat. 18). It previously read as follows: "Sec. 3. The Commission shall be composed of fifteen members as follows:

“(1) Six Members of the House of Representatives appointed by the Speaker of the House of Representatives. Four members shall be selected from the majority party and two shall be selected, after consultation with the minority leader of the House, from the minority party. The Speaker shall designate one of the House Members as chairman.

“(2) Six Members of the Senate appointed by the President of the Senate. Four members shall be selected from the majority party and two shall be selected, after consultation with the minority leader of the Senate, from the minority party.

Continued

(1) Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five Members shall be selected from the majority party and four Members shall be selected, after consultation with the minority leader of the House, from the minority party.

(2) Nine Members of the Senate appointed by the President of the Senate. Five Members shall be selected from the majority party of the Senate, after consultation with the majority leader, and four Members shall be selected, after consultation with the minority leader of the Senate, from the minority party.

(3) One member of the Department of State appointed by the President of the United States.

(4) One member of the Department of Defense appointed by the President of the United States.

(5) One member of the Department of Commerce appointed by the President of the United States. (b) There shall be a Chairman and a Cochairman of the Commission.

(c) 5 At the beginning of each odd-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members as Chairman of the Commission. At the beginning of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members as Chairman of the Commission.

(d) 5 At the beginning of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members as Cochairman of the Commission. At the beginning of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members as Cochairman of the Commission.

SEC. 4.6 In carrying out this Act, the Commission may require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as it deems necessary. Subpenas may be issued over the signature of the Chairman of the Commission or any member designated by him, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by him, may administer oaths to any witness.

“(3) One member of the Department of State appointed by the President of the United States.

“(4) One member of the Defense Department appointed by the President of the United States.

“(5) One member of the Commerce Department appointed by the President of the United States.". 5 Sec. 61bX1) of Public Law 99-7 (99 Stat. 14), provided that the provisions of sec. 3(c) and (d) shall take effect on the first day of the One Hundredth Congress. Sec. 3(c) of Public Law 99-7 (99 Stat. 18) further stated:

"On the effective date of this subsection, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members to serve as Chairman of the Commission for the duration of the Ninety-ninth Congress, and the Speaker of the House of Representatives shall designate one of the House Members to serve as Cochairman of the Commission for the duration of the Ninety-ninth Congress.".

6 22 U.S.C. 3004.

SEC. 5.? In order to assist the Commission in carrying out its duties, the President shall submit to the Commission an annual 8 report,, which shall include (1) a detailed survey of actions by the signatories of the Final Act reflecting compliance with or violation of the provisions of the Final Act, and (2) a listing and description of present or planned programs and activities of the appropriate agencies of the executive branch and private organizations aimed at taking advantage of the provisions of the Final Act to expand East-West economic cooperation and to promote a greater interchange of people and ideas between East and West.

SEC. 6.10 The Commission is authorized and directed to report to the House of Representatives and the Senate with respect to the matters covered by this Act on a periodic basis and to provide information to Members of the House and Senate as requested. For each fiscal year for which an appropriation is made the Commission shall submit to Congress a report on its expenditures under such appropriation.

Sec. 7.11 (a)(1) 12 There are authorized to be appropriated to the Commission for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Appropriations to the Commission are authorized to remain available until expended.

(2) 12 Appropriations to the Commission shall be disbursed on vouchers approved

(A) jointly by the Chairman and the Cochairman, or

(B) by a majority of the members of the personnel and administration committee established pursuant to section 8(a). (b) 13 For purposes of section 502(b) of the Mutual Security Act of 1954, the Commission shall be deemed to be a standing committee of the Congress and shall be entitled to use of funds in accordance with such sections.

(c) 14 Not to exceed $6,000 of the funds appropriated to the Commission for each fiscal year may be used for official reception and representational expenses.

(d) 15 Foreign travel for official purposes by Commission members and staff may be authorized by either the Chairman or the Cochairman.

7 22 U.S.C. 3005. In a memorandum of February 10, 1992, for the Secretary of State, the President delegated functions in this section to the Secretary (57 F.R. 5367).

8 Sec. 171(1) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), struck out “a semiannual" and inserted in lieu thereof “an annual”.

9 Sec. 171(2) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 679), struck out “the first one to be submitted six months after the date of enactment of this Act" from this point (two commas following “report” were not struck out by the amendment).

10 22 U.S.C. 3006.

11 22 U.S.C. 3007(a). See sec. 102 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (Public Law 101-246; 104 Stat. 19) for current authorization and restrictions; page 243.

12 Secs. 7(all) and (2) were amended and restated by Public Law 99-7 (99 Stat. 18). Previously, sec. 702 of Public Law 95-426 authorized $550,000 to assist in meeting the expenses of the Commission. This latter authorization replaced a previous one of $350,000.

13 Subsec. (b) was added by Public Law 94-534.

14 Şubsec. (c) was added by sec. 401 of the Department of State Authorization Act, Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 403).

15 Subsec. (d) was added by sec. 4 of Public Law 99-7 (99 Stat. 18).

SEC. 8.16 (a) The Commission shall have a personnel and administration committee composed of the Chairman, the Cochairman, the senior Commission member from the minority party in the House of Representatives, and the senior Commission member from the minority party in the Senate.

(b) All decisions pertaining to the hiring, firing, and fixing of pay of Commission staff personnel shall be by a majority vote of the personnel and administration committee, except that

(1) the Chairman shall be entitled to appoint and fix the pay of the staff director, and the Cochairman shall be entitled to appoint and fix the pay of his senior staff person; and

(2) the Chairman and Cochairman each shall have the authority to appoint, with the approval of the personnel and administration committee, at least four professional staff members who shall be responsible to the Chairman or the Cochair

man (as the case may be) who appointed them. The personnel and administration committee may appoint and fix the pay of such other staff personnel as it deems desirable.

(c) All staff appointments shall be made without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedule pay rates.

(d) 17 (1) For purposes of pay and other employment benefits, rights, and privileges and for all other purposes, any employee of the Commission shall be considered to be a congressional employee as defined in section 2107 of title 5, United States Code.

(2) For purposes of section 3304(c)(1) of title 5, United States Code, staff personnel of the Commission shall be considered as if they are in positions in which they are paid by the Secretary of the Senate or the Clerk of the House of Representatives.

(3) The provisions of paragraphs (1) and (2) of this subsection shall be effective as of June 3, 1976.

SEC. 9.18 For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress.

16 22 U.S.C. 3008. Sec. 8 was amended and restated by sec. 5 of Public Law 99-7 (99 Stat. 18). It previously read as follows:

"Sec. 8. The Commission may appoint and fix the pay of such staff personnel as it deems de sirable, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and general schedule pay rates.".

17 Sec. 6(bX2) of Public Law 99-7 (99 Stat. 14) provided that subsec. (d) shall be effective as of June 3, 1976.

18 Sec. 9 was added by sec. 134 of the Further Continuing Appropriations Act, Fiscal Year 1986 (Public Law 99-190; 99 Stat. 1322).

b. Commission on Security and Cooperation in Europe

Appropriations, 1994

Partial text of Public Law 103-121 (Departments of Commerce, Justice, and State,

the Judiciary and Related Agencies Appropriations Act, 1994; H.R. 2519), 107 Stat. 1153 at 1181, approved October 27, 1993

AN ACT Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1994, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1994, and for other purposes, namely:

TITLE IV-RELATED AGENCIES

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94-304, $1,099,000, to remain available until expended as authorized by section 3 of Public Law 99-7.

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