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Report to Congress.

PUBLIC LAW 97-241—AUG. 24, 1982 cease efforts to attempt to regulate news content and to formulate rules and regulations for the operation of the world press. (c) The Congress opposes efforts by some countries to control access to and dissemination of news. (d) The President shall evaluate and, not later than six months after the date of enactment of this Act, shall report to the Congress his assessment of— (1) the extent to which United States financial contributions to the United Nations Educational, Scientific and Cultural Organization, and the extent to which the programs and activities of that Organization, serve the national interests of the United States; (2) the programs and activities of the United Nations Educational, Scientific and Cultural Organization, especially its programs and activities in the communications sector; and (3) the quality of United States participation in the United Nations Educational, Scientific and Cultural Organization, including the quality of United States diplomatic efforts with respect to that Organization, the quality of United States representation in the Secretariat of that Organization, and the quality of recruitment of United States citizens to be employed by that Organization. Such report should include the President's recommendations regarding any improvements which should be made in the quality and substance of United States representation in the United Nations Educational, Scientific and Cultural Organization. RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION

22 USC 287r note. Ante, p. 273.

Report to Congress.

SEC. 109. (a) None of the funds authorized to be appropriated by paragraph (2) of section 102 of this Act or by any other Act for "International Organizations and Conferences" may be used for payment by the United States of its contribution toward the assessed budget of the United Nations Educational, Scientific and Cultural Organization if that organization implements any policy or procedure the effect of which is to license journalists or their publications, to censor or otherwise restrict the free flow of information within or among countries, or to impose mandatory codes of journalistic practice or ethics. (b) Not later than February 1 of each year, the Secretary of State shall report to the Congress with respect to whether the United Nations Educational, Scientiflc and Cultural Organization has taken any action described in subsection (a) of this section. BILATERAL SCIENCE AND TECHNOLOGY AGREEMENTS

SEC. 110. In addition to the amounts authorized to be appropriated by section 102 of this Act, there are authorized to be appropriated to the Secretary of State $3,700,000 for the fiscal year 1982 and $3,700,000 for the fiscal year 1983 for payment of the United States share of expenses of the science and technology agreements between the United States and Yugoslavia and between the United States and Poland.

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ASIA FOUNDATION

SEC. 111. In addition to the amounts authorized to be appropriated by section 102 of this Act, there are authorized to be appropriated to the Secretary of State $4,500,000 for the fiscal year 1982 and $4,500,000 for the fiscal year 1983 for the Asia Foundation in furtherance of that organization's purposes as described in its charter. Amounts appropriated under this section shall be made available to the Asia Foundation by the Secretary of State in accordance with the terms and conditions of a grant agreement to be negotiated between the Secretary and the Foundation. BUYING POWER MAINTENANCE

SEC. 112. (a) Section 24(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(b)) is amended to read as follows: "(b)(1) In order to maintain the levels of program activity for the Department of State provided for each fiscal year by the annual authorizing legislation, there are authorized to be appropriated for the Department of State such sums as may be necessary to offset adverse fluctuations in foreign currency exchange rates, or overseas wage and price changes, which occur after November 30 of the earlier of— "(A) the calendar year which ended during the fiscal year preceding such fiscal year, or "(B) the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted. "(2) In carrying out this subsection, there may be established a Buying Power Maintenance account. (3) In order to eliminate substantial gains to the approved levels of overseas operations for the Department of State, the Secretary of State shall transfer to the Buying Power Maintenance account such amounts in any appropriation account under the heading 'Administration of Foreign Affairs' as the Secretary determines are excessive to the needs of the approved level of operations under that appropriation account because of fluctuations in foreign currency exchange rates or changes in overseas wages and prices. "(4) In order to offset adverse fluctuations in foreign currency exchange rates or overseas wage and price changes, the Secretary of State may transfer from the Buying Power Maintenance account to any appropriation account under the heading 'Administration of Foreign Affairs' such amounts as the Secretary determines are necessary to maintain the approved level of operations under that appropriation account. (5) Funds transferred by the Secretary of State from the Buying Power Maintenance account to another account shall be merged with and be available for the same purpose, and for the same time period, as the funds in that other account. Funds transferred by the Secretary from another account to the Buying Power Maintenance account shall be merged with the funds in the Buying Power Maintenance account and shall be available for the purposes of that account until expended. "(6) Any restriction contained in an appropriation Act or other provision of law limiting the amounts available for the Department of State that may be obligated or expended shall be deemed to be adjusted to the extent necessary to offset the net effect of fluctu-

Buying Power Maintenance account.

Transfer of funds.

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22 USC 2877.

PUBLIC LAW 97-241—AUG. 24, 1982 ations in foreign currency exchange rates or overseas wage and price changes in order to maintain approved levels.". (b) Section 704(c) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1477b(c)) is amended— (1) by inserting ", or overseas wage and price changes," immediately after "foreign currency exchange rates"; and (2) by striking out "preceding fiscal year" and inserting in lieu thereof "earlier of (1) the calendar year which ended during the fiscal year preceding such fiscal year, or (2) the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted". (c) Section 8(a)(2) of the Board for International Broadcasting Act ^f 1973 (££ U.S.C. 2287(a)(2)) is amended— (1) in the first sentence, by inserting ", or overseas wage and price changes," immediately after "foreign currency exchange rates"; (2) in the first sentence, by striking out "preceding fiscal year" and inserting in lieu thereof "earlier of (A) the calendar year which ended during the fiscal year preceding such fiscal year, or (B) the calendar year which preceded the calendar year during which the authorization of appropriations for such fiscal year was enacted"; and (3) in the second sentence, by inserting "or such changes" immediately after "such fluctuations". PAN AMERICAN INSTITUTE OF GEOGRAPHY AND HISTORY

SEC. 113. Paragraph (1) of the first section of the joint resolution entitled "Joint Resolution to provide for membership of the United States in the Pan American Institute of Geography and History; and to authorize the President to extend an invitation for the next general assembly of the institute to meet in the United States in 1935, and to provide an appropriation for expenses thereof, approved August 2, 1935 (22 U.S.C. 273), is amended by striking out ", not to exceed $200,000 annually,". INTERNATIONAL INSTITUTE FOR THE UNIFICATION OF PRIVATE LAW AND THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW

SEC. 114. Section 2 of the joint resolution entitled "Joint Resolution to provide for participation by the Government of the United States in the Hague Conference on Private International Law and the International (Rome) Institute for the Unification of Private Law, and authorizing appropriations therefor", approved December 30, 1963 (22 U.S.C. 269g-l), is amended by striking out ", except that" and all that follows through "that year". PAN AMERICAN RAILWAY CONGRESS

SEC. 115. Section 2(a) of the joint resolution entitled "Joint Resolution providing for participation by the Government of the United States in the Pan American Railway Congress, and authorizing an appropriation therefor", approved June 28, 1948 (22 U.S.C. 280k), is amended by striking out Not more than $15,000 annually" and inserting in lieu thereof "Such sums as may be necessary".

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PASSPORT FEES AND PERIOD OF VALIDITY

SEC. 116. (a) The first sentence of section 1 under the heading "FEES FOR PASSPORTS AND visiis" of the Act of June 4, 1920 (22 U.S.C. 214), is amended to read as follows: "There shall be collected and paid into the Treasury of the United States a fee, prescribed by the Secretary of State by regulation, for each passport issued and a fee, prescribed by the Secretary of State by regulation, for executing each application for a passport.". (b)(l) Section 2 of the Act entitled "An Act to regulate the issue and validity of passports, and for other purposes", approved July 3, 1926 (22 U.S.C. 217a), is amended to read as follows: "SEC. 2. A passport shall be valid for a period often years from the date of issue, except that the Secretary of State may limit the validity of a passport to a period of less than ten years in an individual case or on a general basis pursuant to regulation.". (2) The amendment made by this subsection applies with respect Effective date. to passports issued after the date of enactment of this Act. 22 USC 2i7a note.

DOCUMENTATION OF CITIZENSHIP

SEC. 117. The State Department Basic Authorities Act of 1956 is amended by inserting the following new section 33 immediately after section 32 and by redesignating existing section 33 as section 22 USC 2651 34:

note.

"SEC. 33. The following documents shall have the same force and 22 USC 2705. effect as proof of United States citizenship as certificates of naturalization or of citizenship issued by the Attorney General or by a court having naturalization jurisdiction: "(1) A passport, during its period of validity (if such period is the maximum period authorized by law), issued by the Secretary of State to a citizen of the United States. "(2) The report, designated as a 'Report of Birth Abroad of a Citizen of the United States', issued by a consular officer to document a citizen born abroad.". UNITED STATES REPRESENTATIVE TO INTERNATIONAL ORGANIZATIONS IN VIENNA

SEC. 118. Section 2 of the United Nations Participation Act of 1945 (22 U.S.C. 287) is amended by adding at the end thereof the following new subsection: "(h) The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States to the Vienna office of the United Nations with appropriate rank and status, who shall serve at the pleasure of the President and subject to the direction of the Secretary of State. Such individual shall, at the direction of the Secretary of State, represent the United States at the Vienna office of the United Nations and perform such other functions there in connection with the participation of the United States in international organizations as the Secretary of State from time to time may direct.".

97-200 O—84—pt. 1

11: QL3

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PUBLIC LAW 97-241—AUG. 24, 1982 LIVING QUARTERS FOR THE STAFF OF THE UNITED STATES REPRESENTATIVE TO THE UNITED NATIONS

22 USC 287.

SEC. 119. Section 8 of the United Nations Participation Act of 1945 (22 U.S.C. 287e) is amended— (1) by striking out "representative of the United States to the United Nations referred to in paragraph (a) of section 2 hereof and inserting in lieu thereof "representatives provided for in section 2 of this Act and of their appropriate staffs"; and (2) by adding at the end thereof the following: "Any payments made by United States Government personnel for occupancy by them of living quarters leased or rented under this section shall be credited to the appropriation, fund, or account utilized by the Secretary of State for such lease or rental or to the appropriation, fund, or account currently available for such purpose.". PRIVATE SECTOR REPRESENTATIVES ON UNITED STATES DELEGATIONS TO INTERNATIONAL TELECOMMUNICATIONS MEETINGS AND CONFERENCES

18 USC 203 note.

"International telecommunications meeting or conference."

SEC. 120. (a) Sections 203, 205, 207, and 208 of title 18, United States Code, shall not apply to a private sector representative on the United States delegation to an international telecommunications meeting or conference who is specifically designated to speak on behalf of or otherwise represent the interests of the United States at such meeting or conference with respect to a particular matter, if the Secretary of State (or the Secretary's designee) certifies that no Government employee on the delegation is as well qualified to represent United States interests with respect to such matter and that such designation serves the national interest. All such representatives shall have on file with the Department of State the financial disclosure report required for special Government employees. (b) As used in this section, the term "international telecommunications meeting or conference" means the conferences of the International Telecommunications Union, meetings of its International Consultative Committees for Radio and for Telephone and Telegraph, and such other international telecommunications meetings or conferences as the Secretary of State may designate. PROCUREMENT CONTRACTS

22 USC 2679a.

SEC. 121. The State Department Basic Authorities Act of 1956 is amended by inserting the following new section immediately after section 13: "SEC. 14. (a) Any contract for the procurement of property or services, or both, for the Department of State or the Foreign Service which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when— "(1) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and "(2) the Secretary of State determines that— "(A) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;

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"(B) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and "(C) such a method of contracting will not inhibit small business participation. "(b) In the event that funds are not made available for the Cancellation. continuation of such a contract into a subsequent fiscal year, the contract shall be cancelled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.". COMPENSATION FOR DISABILITY OR DEATH

SEC. 122. The State Department Basic Authorities Act of 1956 is amended by inserting the following new section immediately after "SEC. 16. The first section of the Act of August 16, 1941 (42 U.S.C. 22 USC 2680a. 1651; commonly known as the 'Defense Base Act') shall not apply with respect to such contracts as the Secretary of State may determine which are contracts with persons employed to perform work for the Department of State or the Foreign Service on an intermittent basis for not more than 90 days in a calendar year.". DUTIES OF A CHIEF OF MISSION

SEC. 123. Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is amended by adding at the end thereof the following new subsection: "(c) Each chief of mission to a foreign country shall have as a principal duty the promotion of United States goods and services for export to such country.". BASIC SALARY RATES FOR THE SENIOR FOREIGN SERVICE

SEC. 124. Section 402(a) of the Foreign Service Act of 1980 (22 U.S.C. 3962(a)) is amended— (1) by inserting "(1)" immediately after "(a)"; (2) by inserting immediately after the first sentence the following new sentence: "The President shall also prescribe one or more basic salary rates for each class."; and (3) by adding at the end thereof the following new paragraph: "(2) The Secretary shall determine which of the basic salary rates prescribed by the President under paragraph (1) for any salary class shall be paid to each member of the Senior Foreign Service who is appointed to that class. The Secretary may adjust the basic salary rate of a member of the Senior Foreign Service not more than once during any 12-month period.". AMENDMENTS CORRECTING PRINTING ERRORS

SEC. 125. The Foreign Service Act of 1980 is amended— (1) in section 704(b)(2) (22 U.S.C. 4024(b)(2)) by striking out "411" and inserting in lieu thereof "412"; and

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PUBLIC LAW 97-241—AUG. 24, 1982 (2) in section 814(a)(3) (22 U.S.C. 4054(a)(3)) by striking out "on" the second place it appears in the first sentence and inserting in lieu thereof "or". SCIENTIFIC EXCHANGE ACTIVITIES WITH THE SOVIET UNION

Report to Congress.

List of Soviet nationals, submittal to Congress. 22 USC 2458 note.

Foreign Missions Act.

SEC. 126. (a) Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the Congress a report with respect to the individual exchange activities conducted pursuant to the 11 agreements for cooperation in specialized fields which were entered into by the United States and the Union of Soviet Socialist Republics between 1972 and 1974. This report shall include— (1) an assessment of the risk of the transfer to the Soviet Union of militarily significant technology through research, exchanges, and other activities conducted pursuant to those agreements; and (2) a detailed description on the exchanges and other activities conducted pursuant to those agreements during fiscal year 1981 and fiscal year 1982, including— (A) the areas of cooperation, (B) the specific research and projects involved, (C) the man-hours spent in short-term (less than 60 days) and long-term exchanges, (D) the level of United States and Soviet funding in each such fiscal year, and (E) an assessment of the equality or inequality in value of the information exchanged. (b) The Secretary of State shall prepare the report required by subsection (a) in consultation and cooperation with the heads of the other agencies involved in the exchange and other cooperative activities conducted pursuant to the agreements described in that subsection. (c) Not later than July 1 of each year, the Secretary of State shall submit to the Congress a list of the Soviet nationals participating during the upcoming academic year in the United States-Union of Soviet Socialist Republics graduate student/young faculty exchange or in the United States-Union of Soviet Socialist Republics senior scholar exchange, their topics of study, and where they are to study. This report shall also include a determination by the Secretary of State, in consultation with the heads of the other agencies involved in these exchange programs, that these exchange programs will not jeopardize United States national security interests. TITLE II—FOREIGN MISSIONS SHORT TITLE

22 USC 4301 note.

SEC. 201. This title may be cited as the "Foreign Missions Act". REGULATION OF FOREIGN MISSIONS

22 USC 2662.

SEC. 202. (a) The State Department Basic Authorities Act of 1956 is amended by striking out "That the Secretary" in the first section and inserting in lieu thereof the following:

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"TITLE I—BASIC AUTHORITIES GENERALLY 1. The Secretary". (b) That Act is further amended by adding at the end thereof the following: "SECTION

"TITLE II—AUTHORITIES RELATING TO THE REGULATION OF FOREIGN MISSIONS "DECLARATION OF FINDINGS AND POLICY

"SEC. 201. (a) The Congress finds that the operation in the United States of foreign missions and public international organizations and the official missions to such organizations, including the permissible scope of their activities and the location and size of their facilities, is a proper subject for the exercise of Federal jurisdiction. "(b) The Congress declares that it is the policy of the United States to support the secure and efficient operation of United States missions abroad, to facilitate the secure and efficient operation in the United States of foreign missions and public international organizations and the official missions to such organizations, and to assist in obtaining appropriate benefits, privileges, and immunities for those missions and organizations and to require their observance of corresponding obligations in accordance with international law. "(c) The treatment to be accorded to a foreign mission in the United States shall be determined by the Secretary after due consideration of the benefits, privileges, and immunities provided to missions of the United States in the country or territory represented by that foreign mission.

22 USC 430i.

"DEFINITIONS

"SEC. 202. (a) For purposes of this title— 22 USC 4302. "(1) 'benefit' (with respect to a foreign mission) means any acquisition, or authorization for an acquisition, in the United States by or for a foreign mission, including the acquisition of— "(A) real property by purchase, lease, exchange, construction, or otherwise, "(B) public services, including services relating to customs, importation, and utilities, and the processing of applications or requests relating to public services, (C) supplies, maintenance, and transportation, "(D) locally engaged staff on a temporary or regular basis, "(E) travel and related services, and "(F) protective services, and includes such other benefits as the Secretary may designate; "(2) 'chancery' means the principal offices of a foreign mission used for diplomatic or related purposes, and annexes to such offices (including ancillary offices and support facilities), and includes the site and any building on such site which is used for such purposes; "(3) 'Director' means the Director of the Office of Foreign Missions established pursuant to section 203(a); "(4) 'foreign mission' means any official mission to the United States involving diplomatic, consular, or other governmental activities of— "(A) a foreign government, or

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 96 STAT. 284 Post, p. 289.

PUBLIC LAW 97-241—AUG. 24, 1982 "(B) an organization (other than an international organization, as defined in section 209(b) of this title) representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States, including any real property of such a mission and including the personnel of such a mission; "(5) 'real property' includes any right, title, or interest in or to, or the beneficial use of, any real property in the United States, including any office or other building; "(6) 'Secretary' means the Secretary of State; "(7) 'sending State' means the foreigri government, territory, or political entity represented by a foreign mission; and (8) 'United States' means, when used in a geographic sense, the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. "(b) Determinations with respect to the meaning and applicability of the terms used in subsection (a) shall be committed to the discretion of the Secretary, OFFICE OF FOREIGN MISSIONS

Establishment. 22 USC 4303. Director, appointment.

Functions.

"SEC. 203. (a) The Secretary shall establish an Office of Foreign Missions as an office within the Department of State. The Office shall be headed by a Director, appointed by the Secretary, who shall perform his or her functions under the supervision and direction of the Secretary. The Secretary may delegate this authority for supervision and direction of the Director only to the Deputy Secretary of State or an Under Secretary of State. "(b) The Secretary may authorize the Director to— "(1) assist agencies of Federal, State, and municipal government with regard to eiscertaining and according benefits, privileges, and immunities to which a foreign mission may be entitled; "(2) provide or assist in the provision of benefits for or on behalf of a foreign mission in accordance with section 204; and "(3) perform such other functions as the Secretary may determine necessary in furtherance of the policy of this title. PROVISION OF BENEFFTS

22 USC 4304.

"SEC. 204. (a) Upon the request of a foreign mission, benefits may be provided to or for that foreign mission by or through the Director on such terms and conditions as the Secretary may approve. "(b) If the Secretary determines that such action is reasonably necessary on the basis of reciprocity or otherwise— "(1) to facilitate relations between the United States and a sending State, "(2) to protect the interests of the United States, "(3) to adjust for costs and procedures of obtaining benefits for missions of the United States abroad, or "(4) to assist in resolving a dispute affecting United States interests and involving a foreign mission or sending State, then the Secretary may require a foreign mission (A) to obtain benefits from or through the Director on such terms and conditions as the Secretary may approve, or (B) to comply with such terms and

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conditions as the Secretary may determine as a condition to the execution or performance in the United States of any contract or other agreement, the acquisition, retention, or use of any real property, or the application for or acceptance of any benefit (including any benefit from or authorized by any Federal, State, or municipal governmental authority, or any entity providing public services). "(c) Terms and conditions established by the Secretary under this section may include— "(1) a requirement to pay to the Director a surcharge or fee. Surcharge or fee. and "(2) a waiver by a foreign mission (or any assignee of or Waiver. person deriving rights from a foreign mission) of any recourse against any governmental authority, any entity providing public services, any employee or agent of such an authority or entity, or any other person, in connection with any action determined by the Secretary to be undertaken in furtherance of this title. "(d) For purposes of effectuating a waiver of recourse which is required under this section, the Secretary may designate the Director or any other officer of the Department of State as the agent of a foreign mission (or of any assignee of or person deriving rights from a foreign mission). Any such waiver by an officer so designated shall for all purposes (including any court or administrative proceeding) be deemed to be a waiver by the foreign mission (or the assignee of or other person deriving rights from a foreign mission). "(e) Nothing in this section shall be deemed to preclude or limit in any way the authority of the United States Secret Service to provide protective services pursuant to section 202 of title 3, United States Code, or section 3056 of title 18, United States Code, at a level commensurate with protective requirements as determined by the United States Secret Service. PROPERTY OF FOREIGN MISSIONS

"SEC. 205. (a)(1) The Secretary may require any foreign mission to 22 USC 4305. notify the Director prior to any proposed acquisition, or any proposed sale or other disposition, of any real property by or on behalf of such mission. If such a notification is required, the foreign mission (or other party acting on behalf of the foreign mission) may initiate or execute any contract, proceeding, application, or other action required for the proposed action— "(A) only after the expiration of the 60-day period beginning on the date of such notification (or after the expiration of such shorter period as the Secretary may specify in a given case); and "(B) only if the mission is not notified by the Secretary within that period that the proposal has been disapproved; however, the Secretary may include in such a notification such terms and conditions as the Secretary may determine appropriate in order to remove the disapproval. "(2) For purposes of this section, 'acquisition' includes any acquisi- "Acquisition.' tion or alteration of, or addition to, any real property or any change in the purpose for which real property is used by a foreign mission. "(b) The Secretary may require any foreign mission to divest itself of, or forgo the use of, any real property determined by the Secretary— "(1) not to have been acquired in accordance with this section; or

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PUBLIC LAW 97-241—AUG. 24, 1982 "(2) to exceed limitations placed on real property available to a United States mission in the sending State. "(c) If a foreign mission has ceased conducting diplomatic, consular, and other governmental activities in the United States and has not designated a protecting power or other agent approved by the Secretary to be responsible for the property of that foreign mission, the Secretary— "(1) until the designation of a protecting power or other agent approved by the Secretary, may protect and preserve any property of that foreign mission; and "(2) may authorize the Director to dispose of such property at such time as the Secretary may determine after the expiration of the one-year period beginning on the date that the foreign mission ceased those activities, and may remit to the sending State the net proceeds from such disposition. "LOCATION O F FOREIGN MISSIONS I N THE DISTRICT OF COLUMBIA

22 USC 4306.

Notice; n c R^pfster'^ D.C. Register.

"SEC. 206. (a) The location, replacement, or expansion of chanceries in the District of Columbia shall be subject to this section. "0))(1) A chancery shall be permitted to locate as a matter of right in any area which is zoned commercial, industrial, waterfront, or mixed-use (CR). "(2) A chancery shall also be permitted to locate— "(A) in any area which is zoned medium-high or high density residential, and "(B) in any other area, determined on the basis of existing uses, which includes office or institutional uses, including but not limited to any area zoned mixed-use diplomatic or special purpose, subject to disapproval by the District of Columbia Board of Zoning Adjustment in accordance with this section. "(3) In each of the areas described in paragraphs (1) and (2), the limitations and conditions applicable to chanceries shall not exceed those applicable to other office or institutional uses in that area. "(c)(1) If a foreign mission wishes to locate a chancery in an area described in subsection (b)(2), or wishes to appeal an administrative decision relating to a chancery based in whole or in part upon any zoning map or regulation, it shall file an application with the Board of Zoning Adjustment which shall publish notice of that application in the District of Columbia Register. "(2) Regulations issued to carry out this section shall provide appropriate opportunities for participation by the public in proceedings concerning the location, replacement, or expansion of chanceries. "(3) A final determination concerning the location, replacement, or expansion of a chancery shall be made not later than six months after the date of the filing of an application with respect to such location, replacement, or expansion. Such determination shall not be subject to the administrative proceedings of any other agency or official except as provided in this title. "(d) Any determination concerning the location of a chancery, under subsection (b)(2), or concerning an appeal of an administrative decision with respect to a chancery based in whole or in part upon any zoning regulation or map, shall be based solely on the following criteria:

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 PUBLIC LAW 97-241—AUG. 24, 1982 "(1) The international obligation of the United States to facilitate the provision of adequate and secure facilities for foreign missions in the Nation's Capital. "(2) Historic preservation, as determined by the Board of Zoning Adjustment in carrying out this section; and in order to ensure compatibility with historic landmarks and districts, substantial compliance with District of Columbia and Federal regulations governing historic preservation shall be required with respect to new construction and to demolition of or alteration to historic landmarks. "(3) The adequacy of off-street or other parking and the extent to which the area will be served by public transportation to reduce parking requirements, subject to such special security requirements as may be determined by the Secretary, after consultation with Federal agencies authorized to perform protective services. "(4) The extent to which the area is capable of being adequately protected, as determined by the Secretary, after consultation with Federal agencies authorized to perform protective services. "(5) The municipal interest, as determined by the Mayor of the District of Columbia. "(6) The Federal interest, as determined by the Secretary. "(e)(1) Regulations, proceedings, and other actions of the National Capital Planning Commission, the Zoning Commission for the District of Columbia, and the Board of Zoning Adjustment affecting the location, replacement, or expansion of chanceries shall be consistent with this section (including the criteria set out in subsection (d)) and shall reflect the policy of this title. "(2) Proposed actions of the Zoning Commission concerning implementation of this section shall be referred to the National Capital Planning Commission for review and comment. "(f) Regulations issued to carry out this section shall provide for proceedings of a rule-making and not of an adjudicatory nature. "(g) The Secretary shall require foreign missions to comply substantially with District of Columbia building and related codes in a manner determined by the Secretary to be not inconsistent with the international obligations of the United States. "(h) Approval by the Board of Zoning Adjustment or the Zoning Commission or, except as provided in section 205, by any other agency or official is not required— "(1) for the location, replacement, or expansion of a chancery to the extent that authority to proceed, or rights or interests, with respect to such location, replacement, or expansion were granted to or otherwise acquired by the foreign mission before the effective date of this section; or "(2) for continuing use of a chancery by a foreign mission to the extent that the chancery was being used by a foreign mission on the effective date of this section. "(i)(1) The President may designate the Secretary of Defense, the Secretary of the Interior, or the Administrator of General Services (or such alternate as such official may from time to time designate) to serve as a member of the Zoning Commission in lieu of the Director of the National Park Service whenever the President determines that the Zoning Commission is performing functions concerning the implementation of this section.

96 STAT. 287

D.C. building codes, compliance.

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PUBLIC LAW 97-241—AUG. 24, 1982 "(2) Whenever the Board of Zoning Adjustment is performing functions regarding an application by a foreign mission with respect to the location, expansion, or replacement of a chancery— "(A) the representative from the Zoning Commission shall be the Director of the National Park Service or if another person has been designated under paragraph (1) of this subsection, the person so designated; and "(B) the representative from the National Capital Planning Commission shall be the Executive Director of that Commission. "(j) Provisions of law (other than this title) applicable with respect to the location, replacement, or expansion of real property in the District of Columbia shall apply with respect to chanceries only to the extent that they are consistent with this section, "PREEMPTION

22 USC 4307.

"SEC. 207. Notwithstanding any other law, no act of any Federal agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this title. Nothing in section 202, Ante, p. 283-285. 203, 204, or 205 may be construed to preempt any State or municipal law or governmental authority regarding zoning, land use, health, safety, or welfare, except that a denial by the Secretary involving a benefit for a foreign mission within the jurisdiction of a particular State or local government shall be controlling. GENERAL PROVISIONS Regulations. 22 USC 4308.

Experts and consultants.

Contracts and subcontracts for supplies or services.

"SEC. 208. (a) The Secretary may issue such regulations as the Secretary may determine necessary to carry out the policy of this title. "(b) Compliance with any regulation, instruction, or direction issued by the Secretary under this title shall to the extent thereof be a full acquittance and discharge for all purposes of the obligation of the person making the same. No person shall be held liable in any court or administrative proceeding for or with respect to anything done or omitted in good faith in connection with the administration of, or pursuant to and in reliance on, this title, or any regulation, instruction, or direction issued by the Secretary under this title. "(c) For purposes of administering this title— "(1) the Secretary may accept details and assignments of employees of Federal agencies to the Office of Foreign Missions on a reimbursable or nonreimbursable basis (with any such reimbursements to be credited to the appropriations made available for the salaries and expenses of officers and employees of the employing agency); and "(2) the Secretary may, to the extent necessary to obtain services without delay, exercise his authority to employ experts and consultants under section 3109 of title 5, United States Code, without requiring compliance with such otherwise applicable requirements for that employment as the Secretary may determine, except that such employment shall be terminated after 60 days if by that time those requirements are not complied with. "(d) Contracts and subcontracts for supplies or services, including personal services, made by or on behalf of the Director shall be made after advertising, in such manner and at such times as the Secretary shall determine to be adequate to ensure notice and

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96 STAT. 289

opportunity for competition, except that advertisement shall not be required when (1) the Secretary determines that it is impracticable or will not permit timely performance to obtain bids by advertising, or (2) the aggregate amount involved in a purchase of supplies or procurement of services does not exceed $10,000. Such contracts and subcontracts may be entered into without regard to laws and regulations otherwise applicable to solicitation, negotiation, administration, and performance of government contracts. In awarding contracts, the Secretary may consider such factors as relative quality and availability of supplies or services and the compatibility of the supplies or services with implementation of this title. "(e) The head of any Federal agency may, for purposes of this title— "(1) transfer or loan any property to, and perform administrative and technical support functions and services for the operations of, the Office of Foreign Missions (with reimbursements to agencies under this paragraph to be credited to the current applicable appropriation of the agency concerned); and (2) acquire and accept services from the Office of Foreign Missions, including (whenever the Secretary determines it to be in furtherance of the purposes of this title) acquisitions without regard to laws normally applicable to the acquisition of services by such agency. "(f) Assets of or under the control of the Office of Foreign Missions, wherever situated, which are used by or held for the use of a foreign mission shall not be subject to attachment, execution, injunction, or similar process, whether intermediate or final. "(g) Except as otherwise provided, any determination required under this title shall be committed to the discretion of the Secretary. "(h)(1) In order to implement this title, the Secretary may transfer to the working capital fund established by section 13 of this Act such 22 USC 2684. amounts available to the Department of State as may be necessary. "(2) All revenues, including proceeds from gifts and donations, received by the Director or the Secretary in cariring out this title may be credited to the working capital fund established by section 13 of this Act and shall be available for purposes of this title in accordance with that section. "(3) Only amounts transferred or credited to the working capital fund established by section 13 of this Act may be used in carrjang out the functions of the Secretary or the Director under this title. "APPLICATION TO PUBLIC INTERNATIONAL ORGANIZATIONS AND OFFICIAL MISSIONS TO SUCH ORGANIZATIONS

"SEC. 209. (a) The Secretary may make section 206, or any other provision of this title, applicable with respect to an international organization to the same extent that it is applicable with respect to a foreign mission if the Secretary determines that such application is necessary to carry out the policy set forth in section 201(b) and to further the objectives set forth in section 2040t)). "(b) For purposes of this section, 'international organization'

^«^^' P 283. Ante, p. 284. "international

means—

organization."

"(1) a public international organization designated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288—288f-2) or a public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign govern-

Ante, p. 286. 22 USC 4309.

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PUBLIC LAW 97-241—AUG. 24, 1982 ments engage in some aspect of their conduct of international affairs; and "(2) an official mission (other than a United States mission) to such a public international organization, including any real property of such an organization or mission and including the personnel of such an organization or mission. "PRIVILEGES AND IMMUNITIES

22 USC 4310.

"SEC. 210. Nothing in this title shall be construed to limit the authority of the United States to carry out its international obligations, or to supersede or limit immunities otherwise available by law. No act or omission by any foreign mission, public international organization, or official mission to such an organization, in compliance with this title shall be deemed to be an implied waiver of any immunity otherwise provided for by law. "ENFORCEMENT

22 USC 4311.

"SEC. 211. (a) It shall be unlawful for any person to make available any benefits to a foreign mission contrary to this title. The United States, acting on its own behalf or on behalf of a foreign mission, has standing to bring or intervene in an action to obtain compliance with this title, including any action for injunctive or other equitable relief. "(b) Upon the request of any Federal agency, any State or local government agency, or any business or other person that proposes to enter into a contract or other transaction with a foreign mission, the Secretary shall advise whether the proposed transaction is prohibited by any regulation or determination of the Secretary under this title. "PRESIDENTIAL GUIDEUNES

22 USC 4312.

"SEC. 212. The authorities granted to the Secretary pursuant to the provisions of this title shall be exercised in accordance with procedures and guidelines approved by the President. "SEVERABILITY

22 USC 4313.

"SEC. 213. If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of this title and the application of such provision to any other person or circumstance shall not be affected thereby.". TECHNICAL AND CONFORMING AMENDMENTS

SEC. 203. (a) Section 13 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2684) is amended in the first sentence by striking out "and" following the semicolon at the end of clause (3), and by inserting immediately before the period at the end of the sentence the following: "; and (5) services and supplies to carry out title II of this Act". (b)(1) Subparagraph (A) of section 2(1) of the Diplomatic Relations Act (22 U.S.C. 254a(l)(A)) is amended to read as follows: "(A) the head of a mission and those members of a mission who are members of the diplomatic staff or who, pursuant to law, are granted equivalent privileges and immunities,".

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(2) Section 3(b) of such Act (22 U.S.C. 254b) is amended to read as follows: "(b) With respect to a nonparty to the Vienna C!onvention, the mission, the members of the mission, their families, and diplomatic couriers shall enjoy the privileges and immunities specified in the Vienna Convention.". (3) Section 4 of such Act (22 U.S.C. 254c) is amended— (A) by inserting "the mission, the" immediately after "immunities for"; and (B) by striking out "of any sending state". (4) Section 1364 of title 28, United States Code, is amended by striking out "as defined in the Vienna Convention on Diplomatic Relations" and inserting in lieu thereof "within the meaning of section 2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3))". (c) Section 6 of the Act of June 20, 1938 (D.C. Code, 1981 ed., sec. 5418) is amended by striking out "(a)", and by striking out subsections (b), (c), (d), and (e). EFFECTIVE DATE

SEC. 204. The amendments made by this title shall take effect on October 1, 1982. TITLE III—UNITED STATES INFORMATION AGENCY SHORT TITLE

SEC. 301. This title may be cited as the "United States Information Agency Authorization Act, Fiscal Years 1982 and 1983".

22 USC 4301 note. United States Information Agency Authorization Act, Fiscal Years 1982 and 1988.

AUTHORIZATIONS OF APPROPRIATIONS

SEC. 302. There are authorized to be appropriated for the United States Information Agency, as so redesignated by section 303 of this Act, $494,034,000 for the fiscal year 1982 and $559,000,000 for the fiscal year 1983 to carry out international communication, educational, cultural, and exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, and Reorganization Plan Numbered 2 of 1977, and other purposes authorized by law.

22 USC 1431 note. 22 USC 2451 note. 5 USC app.

R E DESIGNATION OF THE INTERNATIONAL COMMUNICATION AGENCY AS THE UNITED STATES INFORMATION AGENCY

SEC. 303. (a) The International Communication Agency, established by Reorganization Plan Numbered 2 of 1977, is hereby redesignated the United States Information Agency. The Director of the International Communication Agency or any other official of the International Communication Agency is hereby redesignated the Director or other official, as appropriate, of the United States Information Agency. (b) Any reference in any statute, reorganization plan. Executive order, regulation, agreement, determination, or other official document or proceeding to the International Communication Agency or the Director or other official of the International Communication Agency shall be deemed to refer respectively to the United States

22 USC 1461 note. 5 USC app.

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PUBLIC LAW 97-241—AUG. 24, 1982 Information Agency or the Director or other official of the United States Information Agency, as so redesignated by subsection (a). CHANGES IN ADMINISTRATIVE AUTHORITIES

22 USC 1451. 22 USC 1452, ^^^^

SEC. 304. (a)(1) Title III of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1451-1453) is amended— (A) in section 301 by striking out "citizen of the United States" and inserting in lieu thereof "person"; and (B) in sections 302 and 303 by striking out "citizen of the United States" and inserting in lieu thereof "person in the employ or service of the Government of the United States". (2) Such title is further amended— (A) in section 301— (i) by striking out "Secretary" the first place it appears and inserting in lieu thereof "Director of the United States Information Agency", and (ii) by striking out "Secretary" the second place it appears and inserting in lieu thereof "Director"; and (B) in section 303 by striking out "Secretary" and inserting in lieu thereof "Director of the United States Information Agency". (3) Section 302 of such Act is amended— (A) in the second sentence by striking out "section 901(3) of the Foreign Service Act of 1946 (60 Stat. 999)" and inserting in lieu thereof "section 905 of the Foreign Service Act of 1980"; and (B) in the last sentence by striking out "section 1765 of the Revised Statutes" and inserting in lieu thereof "section 5536 of title 5, United States Code". (b) Section 802 of such Act (22 U.S.C. 1472) is amended— (1) by inserting "(a)" immediately after "SEC. 802."; and (2) by adding at the end thereof the following new subsection: "(b)(l) Any contract authorized by subsection (a) and described in paragraph (3) of this subsection which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when— "(A) appropriations are available and adequate for pa5anent for the first fiscal year and for all potential csmcellation costs; and "(B) the Director of the United States Information Agency determines that— "(i) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing; "(ii) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and "(iii) such method of contracting will not inhibit small business participation. "(2) In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be canceled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisi-

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96 STAT. 293

tion of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments. "(3) This subsection applies to contracts for the procurement of property or services, or both, for the operation, maintenance, and support of programs, facilities, and installations for or related to telecommunication activities, newswire services, and the distribution of books and other publications in foreign countries.". (c) Paragraph (16) of section 804 of such Act (22 U.S.C. 1474(16)) is amended by inserting "and security" immediately after "right-hand drive". (d) Section 804 of such Act (22 U.S.C. 1474) is amended— (1) by striking out "and" at the end of paragraph (18); (2) by striking out the period at the end of paragraph (19) and inserting in lieu thereof, and"; and (3) by adding at the end of the section the following new paragraph: "(20) subject to the availability of appropriated funds, purchase motion picture, radio and television producers' liability insurance to cover errors and omissions or similar insurance coverage for the protection of interests in intellectual property.". (e) Title VIII of such Act (22 U.S.C. 1471-1475b) is amended by adding at the end thereof the following new sections: ACTING ASSOCIATE DIRECTORS

"SEC. 808. If an Associate Director of the United States Information Agency dies, resigns, or is sick or absent, the Associate Director's principal Eissistant shall perform the duties of the office until a successor is appointed or the absence or sickness stops.

22 USC 1475c.

COMPENSATION FOR DISABILITY OR DEATH

"SEC. 809. A cultural exchange, international fair or exposition, or 22 USC I475d. other exhibit or demonstration of United States economic accomplishments and cultural attainments, provided for under this Act or the Mutual Educational and Cultural Exchanjge Act of 1961 shall not be considered a 'public work' as that term is defined in the first section of the Act of August 16, 1941 (42 U.S.C. 1651; commonly known as the 'Defense Base Act'). USE OF ENGUSH-TEACHING PROGRAM FEES

"SEC. 810. (a) Notwithstanding section 3617 of the Revised Stat- 22 USC i475e. utes of the United States (31 U.S.C. 484) or any other law or limitation of authority, tuition fees or other payments received by or for the use of the International Communication Agency from or in connection with English-teaching programs conducted by or on behalf of the Agency under the authority of this Act or the Mutual Educational and Cultural Exchange Act of 1961 may be credited to the Agency's applicable appropriation to such extent as may be provided in advance in an appropriation Act. "(b) This section shall take effect on October 1, 1982.". Effective date. (f) Section 1011(h) of such Act (22 U.S.C. 1442(h)) is amended by adding at the end thereof the following new paragraph: "(4) Section 701(a) of this Act shall not apply with respect to any amounts appropriated under this section for the purpose of liquidat-

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 96 STAT. 294

PUBLIC LAW 97-241—AUG. 24, 1982 ing the notes (and any accrued interest thereon) which were assumed in the operation of the informational media guaranty program under this section and which were outstanding on the date of enactment of this paragraph.". INTERNATIONAL EXCHANGES AND NATIONAL SECURITY

22 USC 2455 ^°^^-

22 USC 2455 •^"'^

SEC. 305. (a) The Congress finds that— (1) United States Government sponsorship of international exchange-of-persons activities has, during the postwar era, contributed significantly to United States national security interests; (2) during the 1970's, while United States programs declined dramatically, Soviet exchange-of-persons activities increased steadily in pace with the Soviet military buildup; (3) as a consequence of these two trends, Soviet exchange-ofpersons programs now far exceed those sponsored by the United States Government and thereby provide the Soviet Union an important means of extending its worldwide influence; (4) the importance of competing effectively in this area is reflected in the efforts of major United States allies, whose programs also represent far greater emphasis on exchange-ofpersons activities than is demonstrated by the current United States effort; and (5) with the availability of increased resources, the United States exchange-of-persons program could be greatly strengthened, both qualitatively and quantitatively. (b) It is therefore the sense of the Congress that— (1) United States exchange-of-persons activities should be strengthened; (2) the allocation of resources necessary to accomplish this improvement would constitute a highly cost-effective means of enhancing the United States national security; and (3) because of the integral and continuing national security role of exchange-of-persons programs, such activities should be accorded a dependable source of long-term funding. (c) The amount obligated by the United States Information Agency each fiscal year for grants for exchange-of-persons activities shall be increased, through regular annual increases, so that by the fiscal year 1986 the amount obligated for such grants is at least double (in terms of constant dollars) the amount obligated for such grants for the fiscal year 1982. (d)(1) In furtherance of the purposes of subsection (c), the Congress directs that of the amount appropriated for the United States Information Agency for the fiscal year 1983— (A) $84,256,000 shall be available only for grants for the Fulbright Academic Exchange Programs and the International Visitor Program; and (B) $3,248,000 shall be available only for grants for the Humphrey Fellowship Program; and (C) $8,906,000 shall be available only for grants to private, notfor-profit organizations engaging in exchange-of-persons programs; subject to paragraphs (2) and (3) of this subsection. (2) If the amount appropriated for the United States Information Agency for the fiscal year 1983 is less than the amount authorized for the fiscal year 1983, then the amounts specified in subpara-

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 PUBLIC LAW 97-241—AUG. 24, 1982 graphs (A) through (C) of paragraph (1) shall each be deemed to be reduced to the amount which bears the same ratio to the specified amount as the amount appropriated bears to the amount authorized. For purposes of this paragraph— (A) the term "amount appropriated" means the amount appropriated under section 302 of this Act (less any rescissions), and does not include amounts appropriated under section 704 of the United States Information and Educational Exchange Act of 1948 (relating to nondiscretionary personnel costs and currency fluctuations) or under any other provision of law; and (B) the term "amount authorized" means the amount authorized to be appropriated by section 302 of this Act, less an amount equal to any amount which was withheld from appropriation (or was rescinded) in order to reduce the amount available for a particular program or activity. (3) The Director of the United States Information Agency may authorize up to 5 percent of the amount earmarked under subparagraph (A), (B), or (C) of paragraph (1) to be used for a purpose other than the exchange-of-persons activities specified in that subparagraph. Not less than 15 days prior to any such authorization, the Director shall submit to the Committee on Foreign Affairs of the House of Representatives, and to the Committee on Foreign Relations of the Senate, a justification for authorizing the use of earmarked funds for a purpose other than the specified exchange-ofpersons activities.

96 STAT. 295

"Amount appropriated." Ante, p. 291. 22 USC 1477b.

DISTRIBUTION WITHIN THE UNITED STATES OF CERTAIN UNITED STATES INFORMATION AGENCY FILMS

SEC. 306. (a) Notwithstanding the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461)— (1) the Director of the United States Information Agency shall make available to the Administrator of General Services a master copy of each of the films listed in subsection (b) of this section; and (2) the Administrator shall reimburse the Director for any expenses of the Agency in making that master copy available, shall secure any licenses or other rights required for distribution of that film within the United States, shall deposit that film in the National Archives of the United States, and shall make copies of that film available for purchase and public viewing within the United States. Any reimbursement to the Director pursuant to this section shall be credited to the applicable appropriation of the United States Information Agency. (b) The films to be made available pursuant to this section are the following: "Reflections: Samuel Eliott Morison"; "And Now Miguel"; and "In their Own Words". TITLE IV—BOARD FOR INTERNATIONAL BROADCASTING SHORT TITLE

SEC. 401. This title may be cited as the "Board for International Broadcasting Authorization Act, Fiscal Years 1982 and 1983".

Master copies, availability to GSA. Reimbursement; film deposit in National Archives.

Board for International Broadcasting Authorization Act, Fiscal Years 1982 and 1983. 22 USC 2871 note.

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 96 STAT. 296

PUBLIC LAW 97-241—AUG. 24, 1982 AUTHORIZATIONS OF APPROPRIATIONS

SEC. 402. Subparagraph (A) of section 8(a)(l) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a)(l)(A)) is amended to read as follows: "(A) $86,519,000 for the fiscal year 1982 and $98,317,000 for the fiscal year 1983; and". MEMBERSHIP OF THE RFE/RL BOARD AND THE BOARD FOR INTERNATIONAL BROADCASTING

SEC. 403. (a) The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871-2879) is amended by adding at the end thereof the following new section: INTERNATIONAL BROADCASTING AND THE RFE/RL BOARD "SEC. 11. (a) Effective 60 days after the date of enactment of this section, no grant may be made under this Act to RFE/RL, Incorporated, unless the certificate of incorporation of RFE/RL, Incorporated, has been amended to provide that— "(1) the Board of Directors of RFE/RL, Incorporated, shall consist of the members of the Board for International Broadcasting and of no other members, except that the member of the Board for International Broadcasting who is an ex officio member of that Board because of his or her position as chief operating executive of RFE/RL, Incorporated, may participate in the activities of the Board of Directors but may not vote in the determinations of the Board of Directors; and "(2) such Board of Directors shall make all major policy determinations governing the operation of RFE/RL, Incorporated, and shall appoint and fix the compensation of such managerial officers and employees of RFE/RL^ Incorporated, as it deems necessary to carry out the purposes of this Act. "G)) Compliance with the requirement of paragraph (1) of subsection (a) shall not be construed to make RFE/RL, Incorporated, a Federal agency or instrumentality.". (b)(1) Section 3(b)(l) of such Act (22 U.S.C. 2872(b)(l)) is amended to read as follows: "(b)(1) COMPOSITION OF BOARD.—The Board shall consist of ten members, one of whom shall be an ex officio member. The President shall appoint, by and with the advice and consent of the Senate, nine voting members, one of whom the President shall designate as chairman. Not more than five of the members of the Board appointed by the President shall be of the same political party. The chief operating executive of RFE/RL, Incorporated, shall be an ex officio member of the Board and may participate in the activities of the Board, but may not vote in the determinations of the Board.". (2) Sections 3(b)(3) and (4) of that Act (22 U.S.C. 28720)) (3) and (4)) are amended to read as follows: "MERGER OF THE BOARD FOR

22 USC 2880.

Functions.

"(3) TERM OF OFFICE OF PRESIDENTIALLY APPOINTED MEMBERS.—

Ante, p. 295.

The term of office of each member of the Board appointed by the President shall be three years, except that the terms of office of the individuals initially appointed as the four additional voting members of the Board who are provided for by the Board for Intemational Broadcasting Authorization Act, Fiscal Years 1982 and 1983,

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shall be one, two, or three years (as designated by the President at the time of their appointment) so that the terms of one-third of the voting members of the Board expire each year. The President shall appoint, by and with the advice and consent of the Senate, members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. Any member whose term has expired may serve until his or her successor has been appointed and qualified. "(4) TERM OF OFFICE OF THE E X OFFICIO MEMBER.—The ex officio

member of the Board shall serve on the Board during his or her term of service as chief operating executive of RFE/RL, Incorporated.". R A D I O B R O A D C A S T I N G TO CUBA

SEC. 404. Any program of the United States Government involving radio broadcasts directed principally to Cuba, for which funds are authorized to be appropriated by this Act or any other Act, shall be designated as "Radio Marti". TITLE V—MISCELLANEOUS PROVISIONS INTER-AMERICAN FOUNDATION

SEC. 501. (a) Section 401(s)(2) of the Foreign Assistance Act of 1969 (22 U.S.C. 290f(s)(2)) is amended in the first sentence by striking out "$25,000,000 for each of the fiscal years 1979 and 1980" and inserting in lieu thereof "$12,000,000 for the fiscal year 1982 and $12,800,000 for the fiscal year 1983". (b) Section 401(h) of that Act (22 U.S.C. 290f(h)) is amended by striking out "actual and necessary expenses not in excess of $50 per day, and for transportation expenses" and inserting in lieu thereof "travel expenses, including per diem in lieu of subsistence, in accordance with section 5703 of title 5, United States Code". (c) Section 401 of that Act is further amended by adding at the end thereof the following new subsection: "(u) When, with the permission of the Foundation, funds made available to a grantee under this section are invested pending disbursement, the resulting interest is not required to be deposited in the United States Treasury if the grantee uses the resulting interest for the purposes for which the grant was made. This subsection applies with respect to both interest earned before and interest earned after the enactment of this subsection.". REPORT ON COSTS FOR REFUGEES AND CUBAN AND HAITIAN ENTRANTS

SEC. 502. (a) Not later than 60 days after the date of enactment of this Act, the President shall prepare and transmit to the Congress a full and complete report on the total cost of Federal, State, and local efforts to assist refugees and Cuban and Haitian entrants within the United States or abroad for each of the fiscal years 1981 and 1982. Such report shall include and set forth for each such fiscal year— (1) the costs of assistance for resettlement of refugees and Cuban and Haitian entrants within the United States or abroad; (2) the costs of United States contributions to foreign governments, international organizations, or other agencies which are

Radio Marti.

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"Refugees." 8 USC 1101. "Cubans and Haitian entrants." 8 USC 1182.

PUBLIC LAW 97-241—AUG. 24, 1982 attributable to assistance for refugees and Cuban and Haitian entrants; (3) the costs of Federal, State, and local efforts other than those described in paragraphs (1) and (2) to assist and provide services for refugees and Cuban and Haitian entrants; (4) administrative and operating expenses of Federal, State, and local governments that are attributable to programs of assistance or services described in paragraphs (1), (2), and (3); and (5) administrative and operating expenses incurred by the United States because of the entry of such aliens into the United States. (b) For purposes of this section— (1) the term "refugees" is used within the meaning of paragraph (42) of section 101(a) of the Immigration and Nationality Act; and (2) the term "Cubans and Haitian entrants" means Cuban and Haitians paroled into the United States, pursuant to section 212(d)(5) of the Immigration and Nationality Act, during 1980 who have not been given or denied refugee status under that Act. JAPAN-UNITED STATES FRIENDSHIP COMMISSION

SEC. 503. (a) Section 6(4) of the Japan-United States Friendship Act (22 U.S.C. 2905(4)) is amended by striking out "and not to exceed 5 per centum annually of the principal of the Fund" and inserting in lieu thereof ", any amount of the contributions deposited in the Fund from nonappropriated sources pursuant to paragraph (2) or (3) of this section, and not to exceed 5 percent annually of the principal of the total amount appropriated to the Fund". 03) Section 7(e) of such Act (22 U.S.C. 2906(e)) is amended by inserting after "amounts received" the following: "(including amounts earned as interest on, and proceeds from the sale or redemption of, obligations purchased with amounts received)". INTERNATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES

SEC. 504. The Congress expresses its strong support for the promotion by the United States of sound infant feeding practices, and continues to be concerned with the sole negative vote cast by the United States against the International Code of Marketing of Breastmilk Substitutes. The Congress urges the President, in light of congressional concern and of new indications of international support for general implementation of the Code, to review the United States position on the Code prior to the 25th World Health Assembly meeting. The Congress also urges United States infant formula manufacturers to continue to re-examine their own position regarding the Code. REPEAL OF OBSOLETE PROVISIONS 22 USC 287c note.

SEC. 505. (a) The following provisions of law are repealed: (1) Section 408 of the Act entitled "An Act to authorize appropriations for fiscal years 1980 and 1981 for the Department of State, the International Communication Agency, and the Board for International Broadcasting", approved August 15, 1979.

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 PUBLIC LAW 97-241—AUG. 24, 1982 (2) Sections 121(b), 122(b), 504(e), 601(b), 603(c), 608(c), 609(c), 610(c), 611(b), 613(b), 705(a), 709, and 711 of the Foreign Relations Authorization Act, Fiscal Year 1979. (3) Sections 107(b), 109(a)(7), 414(b), 501, 503(b), 505(a), and 513 of the Foreign Relations Authorization Act, Fiscal Year 1978. (4) Section 403 of the Foreign Relations Authorization Act, Fiscal Year 1977. (5) Sections 102(b) and 503(b) of the Foreign Relations Authorization Act, Fiscal Year 1976. (6) Section 15 of the State Department/USIA Authorization Act, Fiscal Year 1975. (b)(1) Sections 121, 122, 601, 611, and 613 of the Foreign Relations Authorization Act, Fiscal Year 1979, sections 107, 414, and 503 of the Foreign Relations Authorization Act, Fiscal Year 1978, and section 503 of the Foreign Relations Authorization Act, Fiscal Year 1976, are each amended by striking out "(a)". (2) Section 705 of the Foreign Relations Authorization Act, Fiscal Year 1979, and section 505 of the Foreign Relations Authorization Act, Fiscal Year 1978, are each amended by striking out "(b)". (3) Section 102 of the Foreign Relations Authorization Act, Fiscal Year 1976, is amended by striking out "(a) Except as provided in subsection (b), no" and inserting in lieu thereof "No".

96 STAT. 299 22 USC 4195

note'^2680 m)te 2656d; 92 Stat.' 984; 22 USC 2(556 Sfltat 988,''989-; 22 USC 2151 note, 1731 note, f j ^ "«t^' 2220a 91 gt^t 845. 22 use 2384 note, 4021 note; 91 Stat. 857, 858, 862; 22 USC 2151

note. 22 USC 2871 89*Stat 756 772 22 USC 2151 note 22 USC 4195 note, 2680 note; 92 Stat. 984; 22

use nsTnote, ^f^o.'^f^o. r 00 91 Stat. o45; II

Approved August 24, 1982.

gTstat'ssrse Stat. 772. 22 USC 2151 note. 91 Stat. 858. 89 Stat. 756.

LEGISLATIVE HISTORY—S. 1193 (H.R. 3518) (3467): HOUSE REPORTS: No. 97-102, Pt. 1 (Comm. on Foreign Affairs), Pt. 2 (Comm. on the District of eolumbia), both accompanying H.R. 3518; No. 97-55 accompanying H.R. 3467 (Comm. on Armed Services). SENATE REPORTS: No. 97-71 (Comm. on Foreign Relations) and No. 97-430 accompanying H.R. 3467 (Comm. on Foreign Relations). CONGRESSIONAL RECORD: Vol. 127 (1981): June 8, H.R. 3467 considered and passed House. June 17, 18, considered and passed Senate. Oct. 29, considered and passed House, amended. Vol. 128 (1982): Aug. 9, Senate agreed to conference report. Aug. 11, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 18, No. 34 (1982): Aug. 24, Presidential statement.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/342

 96 STAT. 300

PUBLIC LAW 97-242—AUG. 24, 1982 Public Law 97-242 97th Congress An Act

Aug. 24, 1982 [S. 2073] U.S. Postal Service; mail size and weight limitations; repeal.

39 USC 3682 note.

To repeal outdated size and weight limitations now imposed on the United States Postal Service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 3682 of title 39, United States Code, is amended to read as follows: "§ 3682. Size and weight limits "The Postal Service may establish size and weight limitations for mail matter in the same manner as prescribed for changes in mail classification under subchapter II of this chapter.". (b) The size and weight limitations for other than letter mail established by subsections (a) and (b) of section 3682 of title 39, United States Code, as in effect on the day prior to the effective date of this section, shall remain in effect until changed pursuant to section 3682 of such title, as amended, by subsection (a) of this section. Approved August 24, 1982,

LEGISLATIVE HISTORY—S. 2073: CONGRESSIONAL RECORD, Vol. 128 (1982): July 29, considered and passed Senate. Aug. 12, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/343

 PUBLIC LAW 97-243—AUG. 26, 1982 Public Law 97-243 97th Congress

96 STAT. 301

An Act

To designate the Mount St. Helens National Volcanic Monument in the State of Washington, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, ESTABLISHMENT OP NATIONAL VOLCANIC MONUMENT

1. (a) In furtherance of the purposes of this Act, certain lands within and adjacent to the Gifford Pinchot National Forest in the State of Weishington, which comprise approximately one hundred and ten thousand acres, as generally depicted on a map entitled "Mount St. Helens National Volcanic Monument, August 1982", are hereby designated as the Mount St. Helens National Volcanic Monument (hereafter in this Act referred to as the "Monument"). (b)(1) Not later than six months after the date of enactment of this Act, the Secretary of Agriculture (hereafter in this Act referred to as the "Secretary") shall file a map and a legal description of the Monument established under subsection (a) with the Committee on Energy and Natural Resources of the United States Senate and the Committees on Agriculture and on Interior and Insular Affairs of the United States House of Representatives. Such map and description shall have the same force and effect as if included in this Act. Such map and description shall be on file and available for public inspection in the office of the Forest Supervisor, Gifford Pinchot National Forest and in the office of the Chief of the Forest Service, Department of Agriculture. (2) The Secretary may correct clerical and typographical errors in the legal description referred to in paragraph (1), and the Secretary may, from tune to time, make minor revisions of the boundary of the Monument. Such minor boundary revisions may be made by the Secretary only after publication of notice of the proposed revision in the Federal Register and after submission of notice thereof to the committees referred to in paragraph (1). Such notice shall be published and submitted at least 60 days before the revision is made. Notice of final action regarding such revision shall also be published in the Federal Register. SECTION

Aug. 26, 1982 [H.R. 6530] Mount St. Helens National Volcanic Monument, Wash. Designation. 16 USC 431 note.

Map and description; filing with congressional committees.

Minor boundary revisions. Notice; publication in Federal Register.

EXTENSION OF NATIONAL FOREST BOUNDARY

SEC. 2. (a) The exterior boundary of the Gifford Pinchot National Forest is hereby extended to include all lands and waters within the boundaries of the Monument. Lands and interests therein acquired pursuant to section 3 shall become national forest system lands. (b) For the purposes of section 7(a)(l) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 4601-4 through 4601-11), the boundary of the Gifford Pinchot National

16 USC 460/-9.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/344

 96 STAT. 302

PUBLIC LAW 97-243—AUG. 26, 1982 Forest, as modified by this section, shall be treated as if it were the boundary of that forest on January 1, 1965. ACQUISITION

Mineral and geothermal interests, completion date.

Timber, ev£duation.

Burlington Northern Incorporated.

SEC. 3. (a) The Secretary shall acquire all lands and interests in lands within the boundaries of the Monument by donation, exchange in accordance with this Act or other provisions of law, or purchase with donated or appropriated funds, except as provided in subsection (c) and except that the Secretary may acquire mineral and geothermal interests only by exchange. It is the sense of the Congress that in the case of mineral and geothermal interests such exchanges should be completed within one year after the date of enactment of this Act. Any lands owned by the State of Washington or any political subdivision thereof may be acquired only by exchange. Those mining claims in the Green River-Polar Star area shall not be acquired without the consent of the owner. (b) In recognition of the rapidly deteriorating nature of much of the timber in the Monument, any timber acquired pursuant to this section shall be valued for purposes of any acquistion under subsection (a) at an amount not less than the fair market value of such timber on July 1, 1982. (c)(1) Notwithstanding any other provision of law, the Secretary shall exchange lands and interests in lands referred to in paragraphs (2) and (3) in accordance with the provisions of this subsection. With respect to the lands and interests in lands referred to in paragraphs (2) and (3), the Secretary may exercise the authorities of subsection (a) only to the extent necessary to acquire any lands or interests in lands which are not acquired pursuant to the provisions of this subsection. (2)(A) If Burlington Northern Incorporated offers to the United States the following described lands and interests therein, except mineral and geothermal interests, the Secretary shall accept such lands and interests therein (for the purposes of this Act, the term "Burlington Northern Incorporated" shall include any subsidiary of that corporation): Township 7 North, Range 6 East: Section 1: Lots 1, 2, and 3, south half northeast quarter, and north half southeast quarter Township 8 North, Range 5 East: Section 21: All Section 23: All Section 25: All Section 27: All Section 29: All Section 31: All fractional Section 33: All Section 35: All Township 8 North, Range 6 East: Section 5: All fractional Section 7: All fractional Section 9: All Section 15: West half. Section 17: All Section 19: All fractional Section 21: All Section 27: West half Section 29: All Section 31: All fractional Section 33: All

Acres 310.11 640.00 640.00 640.00 640.00 640.00 623.52 640.00 640.00 480.44 637.58 640.00 320.00 640.00 631.76 640.00 320.00 640.00 630.44 640.00

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Page:United States Statutes at Large Volume 96 Part 1.djvu/345

 96 STAT. 303

PUBLIC LAW 97-243—AUG. 26, 1982 township 9 North, Range 5 East: Section 25: All Township 9 North, Range 6 East: Section 5: Lot 1, southeeist quarter northeast quarter, and southeast quarter Section 9: All Section 17: All Section 21: All Section 29: All Section 31: All fractional Section 33: All

Acres 640.00 240.41 640.00 640.00 640.00 640.00 639.52 640.00

(B) Upon acceptance of title by the United States to such lands and interests therein, the Secretary shall convey to Burlington Northern Incorporated all right, title, and interest of the United States to the following described national forest system lands and interests therein, except mineral and geothermal interests: Township 7 Section Section Section Section

North, Range 6 East: 4: All fractional 6: All fractional 10: All 22: All

Acres 680.88 670.04 640.00 640.00

(3)(A) If the Weyerhaeuser Company offers to the United States the following described lands and interests in lands, except mineral and geothermal interests, the Secretary shall accept such lands and interests therein: Township 9 North, Range 3 East: Section 1: South half Township 7 North, Range 4 East: Section 25: Northwest quarter northwest quarter Township 8 North, Range 4 East: Section 2: All fractional Township 9 North, Range 4 East: Section 1: All fractional Section 3: South half northeast quarter, and south half Section 4: Lots 2 and 3, south half north half, and south half Section 5: South half northeast quarter, and south half Section 6: Lot 7, southeast quarter southwest quarter, and south half southeast quarter Section 7: All fractional Section 8: All Section 9: All Section 11: All Section 13: All Section 15: East half east half Section 16: North half northwest quarter Section 17: North half northeast quarter Section 22: A portion of east half and east half west half Section 23: All Section 24: All Section 25: All Section 26: North half, southeast quarter, and a portion of the southwest quarter Section 27: A portion of the northeast quarter Section 35: A portion of the northeast quarter Township 10 North, Rsuige 4 East: Section 25: Southeast quarter Township 9 North, Range 5 East: Section 5: All fractional Section 6: All fractional Section 7: Lots 1 and 2, northeast quarter, and east half northwest quarter Section 8: North half. Section 17: All Section 19: All fractional

Acres 320.00 40.00 494.28 658.52 400.00 560.30 400.00 155.38 623.44 640.00 640.00 640.00 640.00 160.00 80.00 80.00 271. ± 640.00 640.00 640.00 572.± 66.± 105.± 160.00 640.32 679.52 340.57 320.00 640.00 694.72

Weyerhaeuser Company.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/346

 96 STAT. 304

PUBLIC LAW 97-243—AUG. 26, 1982 Township 10 North, Range 5 East: Section 5: A portion of the east half northeast quarter northwest quarter and east half Section 17: Northeast quarter northeast quarter, and a portion of the northeast quarter and east half southeast quarter Section 19: A portion of the south half southeast quarter Section 20: A portion of the south half south half Section 21: East half, east half northwest quarter, northwest quarter northwest quarter, northeast quarter southwest quarter, and a portion of the southwest quarter northwest quarter, northwest quarter southwest quarter Section 29: All Section 30: Northeast quarter, south half, and a portion of the east half northwest quarter Section 31: All fractional Section 32: All Section 33: North half. Township 11 North, Range 5 East: Section 32: Lots 1 and 2

. Acres 233.± 145.± 20.± 60.±

523.± 640.00 550. ± 688.55 640.00 320.00 16.43

(B) Upon acceptance of title by the United States to such lands and interests therein, the Secretary shall convey to Weyerhaeuser Company all right, title, and interest of the United States to the following described national forest system lands and interests therein, except mineral and geothermal interests: Township 10 North, Range 5 East: Section 6: Mineral survey Section 7: Mineral survey Township 11 North, Range 5 East: Section 28: Mineral survey Section 29: Portion of mineral survey 837 Township 8 North, Range 4 East: Section 29: All Section 30: All fractional Section 32: All fractional Township 13 North, Range 3 East: Section 6: All fractional Township 4 North, Range 3 East: Section 10: All Section 16: All Section 20: All

Exchanges, completion date.

Values of lands or interests, reduction.

Acres 193.96 12.65 24.89 5.20 640.00 604.07 702.99 652.25 640.00 640.00 640.00

(4) Except as provided in paragraph (7), the instruments of conveyance respecting the lands and interests exchanged under this subsection may contain such reservations as may be agreed upon by the Secretary and the Weyerhaeuser Company or the Secretary and Burlington Northern Incorporated, as the case may be. (5) It is the sense of the Congress that the exchanges authorized pursuant to this subsection should be completed within ninety days after the date of the enactment of this Act. The Secretary shall use the authorities of subsection (a) if the exchanges authorized by this subsection are not completed within a reasonable time after the expiration of such ninety day period. (6) The Secretary shall certify in writing that to his satisfaction, at the time of conveyance, there has been no reduction in the values of the lands or interests therein caused by a direct action on the part of the current landowner below that which formed the basis for the exchanges provided for in this section. If the Secretary finds that a reduction in the value of the lands or interests therein has occurred caused by direct action on the part of the current landowner, the Secretary shall not carry out the exchange for those lands or interests so affected under this subsection, and acquisition of those lands and interests shall be undertaken by the Secretary in accordance with the provisions of subsection (a).

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 PUBLIC LAW 97-243—AUG. 26, 1982 (7) The provisions of this subsection (except for the provisions of paragraphs (5) and (6)) do not authorize the exercise by the Secretary of the power of eminent domain, and any exchange of the lands or interests in lands carried out under this subsection shall be pursuant to a voluntary agreement entered into between the Secretary and Burlington Northern Incorporated, or the Secretary and Weyerhaeuser Company, as the case may be, with the full consent of each of the parties to such agreement. (d) Nothing in this Act shall affect any prior contractual obligation of Burlington Northern Incorporated or Weyerhaeuser Company regarding lands owned by them and included in an exchange pursuant to wis Act nor shall such obligations be transferred pursuant to this legislation to the United States. (e) Any terms, conditions, or obligations imposed by the Act of July 2, 1864 (13 Stat. 365), as amended, that apply to lands and interests in lands exchanged under this Act by Burlington Northern Incorporated shall apply in equivalent manner to lands and interests in lands obtained by Burungton Northern Incorporated under this Act. (f) Notwithstanding any other provision of law, the Secretary shall only be required to prepare an environmental assessment of any exchange of mineral or geothermal interests authorized by this Act. In the course of preparing the assessment, the Secretary shall conduct at least one public hearing in the vicinity of the mineral or geothermal interests to be conveyed by the United States in such exchange. Any exchange of mineral or geothermal interests may be made by the Secretary only after providing the committees referred to in section 1 of this Act thirty days' notice of his intention to do so.

96 STAT. 305

Environmental assessment. Hearing.

ADMINISTRATION

SEC. 4. (a) The Secretary acting through the Forest Service shall administer the Monument as a separate unit within the boundary of the Gifford Pinchot National Forest, in accordance with the appropriate laws pertaining to the national forest system, and in accordance with the provisions of this Act. (b)(1) The Secretary shall manage the Monument to protect the geologic, ecologic, and cultural resources, in accordance with the provisions of this Act allowing geologic forces and ecological succession to continue substantially unimpeded. (2) The Secretary may take action to control fire, insects, diseases, and other agents that might (A) endanger irreplaceable features within the Monument or (B) cause substantial damage to significant resources adjacent to the Monument. (3) Nothing in this Act shall prohibit the Secretary from undertaking or permitting those measures within the Monument reasonably necessary to ensure public safety and prevent loss of Ufe and property. (c) The Secretary shall permit the full use of the Monument for scientific study and research, except that the Secretary may impose such restrictions as may be necessary to protect public health and safety and to prevent undue modification of the natural conditions of the Monument. (d) In order to protect the significant features of the Monument, reduce user conflicts, and ensure visitor safety, the Secretary is authorized to control times and means of access and use of the Monument or parts thereof: Provided, That nothing in this section

Scientific study and research.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/348

 96 STAT. 306

Recreational and interpretive facilities.

Timber harvesting, exceptions.

Notification or report to congressional committees.

Hunting and fishing zones, designation.

Management plan, submittal to congressional committees.

PUBLIC LAW 97-243—AUG. 26, 1982 shall be construed as to prohibit the use of motorized vehicles, aircraft or motorboats for emergency and other essential administrative services, including those provided by State and local governments, or when necessary, for authorized scientific research. (e)(1) The Secretary shall provide for recreational use of the Monument and shall provide recreational and interpretive facilities (including trails and campgrounds) for the use of the public which are compatible with the provisions of this Act, and may assist adjacent affected local governmental agencies in the development of related interpretive programs. (2) Except for roads needed for recreational and interpretive purposes as may be recommended by the comprehensive management plan submitted in accordance with the provisions of subsection (i), roads or other developed facilities within the Monument should be located generally in areas which were developed prior to the 1980 eruption. (f) Subject to valid existing rights, all Federal lands within the Monument are hereby withdrawn from all forms of entry or appropriation or disposal under the public land laws, and from location, entry, and patent under the United States mining laws, and from disposition under all laws pertaining to mineral and geothermal leasing and all amendments thereto. Any mining activity carried out pursuant to valid existing rights shall be conducted in accordance with applicable Federal and State law. (g) Timber harvesting shall not be permitted on Federal lands within the Monument except (1) for timber salvage contracts awarded by the Forest Service before the date of enactment of this Act, and (2) to the minimum extent necessary to control fire, insects, diseases and other agents that would endanger irreplaceable features within the Monument, cause substantial damage to significant resources adjacent to the Monument, or endanger public safety. National forest system roads within the Monument may be used to the extent necessary for such timber harvesting activities. If the Secretary intends to carry out timber harvesting activities under clause (2), the Secretary shall advise the Committee on Energy and Natural Resources of the Senate and the Committees on Agriculture and Interior and Insular Affairs of the House of Representatives of the action the Secretary intends to take at least 30 days in advance of initiating action to contract for such sales, except that in emergency situations the Secretary shall submit a report to such Committees, describing the action taken within 30 days thereafter. (h) The Secretary shall permit hunting and fishing on lands and waters within the Monument in accordance with applicable Federal and State law, except that the Secretary may designate zones within the Monument where, and establish periods when, no hunting or fishing shall be permitted for reasons of public health and safety, the protection of resources, scientific research activities, or public use and enjoyment. Except in emergencies, any regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities. Nothing in this subsection shall be construed as affecting the jurisdiction or responsibilities of the State of Washington with respect to wildlife and fish within the Monument. (i) Within three years after the date of enactment of this Act, the Secretary shall submit to the committees referred to in section 1(b), a detailed and comprehensive management plan for the Monument.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/349

 PUBLIC LAW 97-243—AUG. 26, 1982

96 STAT. 307

The initial Monument management plan may be expressed as an amendment to the October 1981 Mount St. Helens Land Management Plan. Subsequent Monument plans shall be integrated with and periodically revised as a component of the Gifford Pinchot land management planning process. The plan shall include but not be limited to: (1) measures for the preservation of the natural geologic and ecologic processes and integrity of the resources; (2) indications of types, locations, and general intensities of development and access routes associated with the public understanding, use, and enjoyment of the area, including anticipated timetables and costs; (3) identification of, and implementation plans for, visitor carrying capacities of the area; and (4) indications of any potential modifications of the external boundaries of the area, and the reasons therefor. MANAGEMENT OF ADJACENT FEDERAL LANDS

SEC. 6. Nothing in this Act shall be construed as authorizing or directing the establishment of protective perimeters or buffer zones around the Monument for the purpose of precluding activities outside the Monument boundary which would otherwise be permitted under applicable law. Nothing in this Act shall be construed as limiting the existing authority of the Secretary to take actions on Federal lands adjacent to the Monument necessary to protect public health and safety in emergencies involving volcanic activity. SCIENTIFIC ADVISORY BOARD

SEC. 7. (a) There is hereby established the Mount St. Helens Scientific Advisory Board (hereinafter referred to as the "Board"). The Secretary shall consult with and seek the advice and recommendations of the Board with respect to— (1) the measures needed to protect and manage the natural and scientific values of the Monument; and (2) the administration of the Monument with respect to policies, programs, and activities which are specifically intended to retain the natural ecologic and geologic processes and integrity of the Monument. The Board may make recommendations to the Secretary in regard to new research opportunities which may exist within the Monument designed to gain scientific information for future interpretation and enjoyment by visitors to the Monument. No recommendation by the Board shall be binding upon the Secretary. (b) The Board shall be composed of nine members, who shall be individuals with recognized professional standing in appropriate scientific disciplines, as follows: (1) three members appointed by the Secretary (one of whom shall be a professional employee of the Forest Service); (2) two members appointed by the Secretary of the Interior (one of whom shall be a professional employee of the United States Geological Survey); (3) two members appointed by the Governor of the State of Washington from among professional employees of the State of Washington; and

Mount St. Helens Scientific Advisory Board. Establishment.

New research opportunities, recommendations. Membership.

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Page:United States Statutes at Large Volume 96 Part 1.djvu/350

 96 STAT. 308

Terms of office.

Termination.

PUBLIC LAW 97-243—AUG. 26, 1982 (4) two members appointed by the Chairman of the National Science Foundation. (c) Each member shall be appointed to serve for a term of three years, except that one of the initial appointees of each appointing official shall serve an initial term of four years, one of the initial appointees of each appointing official shall serve an initial term of two years, and one of the initial appointees of the Secretary shall serve an initial term of one year. (d) The members of the Board shall be appointed within ninety days of the date of enactment of this Act. The members of the Board shall, at their first meeting, elect a chairman. (e) The Secretary, or a designee, shall from time to time, but at least annually, meet and consult with the Board on matters relating to the protection of the Monument and potential and ongoing research programs within the Monument. (f) Members of the Board shall serve without compensation as such, but the Secretary is authorized to pay, upon vouchers signed by the Chairman, the expenses reasonably incurred by the Board and its members in carrying out their responsibilities under this Act. (g) Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. (h) The Board shall terminate ten years from the date of its first meeting. EXPENDITURE OF CERTAIN REVENUES FROM GIFFORD PINCHOT NATIONAL FOREST BY SKAMANIA COUNTY, WASHINGTON

SEC. 8. (a) Notwithstanding the provisions of the last paragraph under the heading "Forest Service" of the Act of May 23, 1908 (16 U.S.C. 500), and of section 13 of the Act of March 1, 1911 (16 U.S.C. 500), of the amount which is paid under such provisions to the State of Washington with respect to Gifford Pinchot National Forest, to be expended for the benefit of Skamania (Dounty— (1) not less than fifty percent shall be expended for the benefit of the public schools of Skamania Clounty, as Skamania County may specify, and (2) the remainder shall be expended for the benefit of public roads and other public purposes of Skamania County, as Skamania County may specify. (b) Subsection (a) shall not apply to any amount paid by the Secretary of the Treasury under the provisions of law referred to in subsection (a) at the end of any fiscal year ending before the date of the enactment of this Act.

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