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Page:United States Statutes at Large Volume 99 Part 1.djvu/439

 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 417

to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations of the Senate not less than 20 days before the date on which such regulations take effect.". (b) CONFORMING AMENDMENT.—Section 32 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2704) is amended by striking out "security officers" and inserting in lieu thereof "special agents". (c) REPEAL OF EXISTING AUTHORITY.—Section 4 of the Act entitled

"An Act to provide authority to protect heads of foreign states and other officials" approved August 27, 1964 (22 U.S.C. 2667), and the Act entitled "An Act to authorize certain officers and employees of the Department of State and the Foreign Service to carry firearms" approved June 28, 1955 (22 U.S.C. 2666), are repealed. SEC. 126. EXTRAORDINARY MISSIONS.

PROTECTIVE

SERVICES

FOR FOREIGN

,

(a) PERMANENT AUTHORIZATION.—Title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.) is amended by adding at the end thereof the following: "SEC. 214. EXTRAORDINARY PROTECTIVE SERVICES.

22 USC 4314.

"(a) GENERAL AUTHORITY.—The Secretary may provide extraor-

dinary protective services for foreign missions directly, by contract, or through State or local authority to the extent deemed necessary by the Secretary in carrying out this title, except that the Secretary may not provide under this section any protective services for which authority exists to provide such services under sections 202(7) and 208 of title 3, United States Code. "(b) REQUIREMENT OF EXTRAORDINARY CIRCUMSTANCES.—The Secretary may provide funds to a State or local authority for protective services under this section only if the Secretary has determined that a threat of violence, or other circumstances, exists which requires extraordinary security measures which exceed those which local law enforcment agencies can reasonably be expected to take. "(c)

CONSULTATION WITH

CONGRESS BEFORE

OBLIGATION OF

FUNDS.—Funds may be obligated under this section only after regulations to implement this section have been issued by the Secretary after consultation with appropriate committees of the Congress. "(d) RESTRICTIONS ON USE OF FUNDS.—Of the funds made available for obligation under this section in any fiscal year— "(1) not more than 20 percent may be obligated for protective services within any single State during that year; and "(2) not less than 15 percent shall be retained as a reserve for protective services provided directly by the Secretary or for expenditures in local jurisdictions not otherwise covered by an agreement for protective services under this section. The limitations on funds available for obligation in this subs^jction shall not apply to unobligated funds during the final quarter of any fiscal year. "(e) PERIOD OF AGREEMENT WITH STATE OR LOCAL AUTHORITY.—

Any agreement with a State or local authority for the provision of protective services under this section shall be for a period of not to exceed 90 days in any calendar year, but such agreements may be renewed after review by the Secretary.

,

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Page:United States Statutes at Large Volume 99 Part 1.djvu/440

 99 STAT. 418 Contracts.

22 USC 4308.

PUBLIC LAW 99-93—AUG. 16, 1985 "(f) REQUIREMENT FOR APPROPRIATIONS.—Contracts may be entered into in carrying out this section only to such extent or in such amounts as are provided in advance in appropriation Acts. "(g) WORKING CAPITAL FUND.—Amounts used to carry out this section shall not be subject to section 208(h).". (b) SECRET SERVICE NOT AFFECTED.—Section 204(e) of such Act (22 U.S.C. 4304(e)) is amended by striking out "section" and inserting in lieu thereof "title". (c) AUTHORITY TO PROVIDE CERTAIN PROTECTIVE SERVICES BY CON-

22 USC 4314 note.

TRACT.—Section 208(a) of title 3, United States Code, is amended by inserting after the first sentence the following new sentence: "The Secretary of Treasury may carry out the functions pursuant to section 202(7) by contract.". (d) REPEAL OF EXISTING AUTHORITY.—Section 605 of the Foreign Missions Amendments Act of 1983 (97 Stat. 1042) is repealed. (e) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 1985. SEC. 127. PROTECTING UNITED STATES INTERESTS UNDER THE FOREIGN MISSIONS ACT. (a) DETERMINATIONS RELATING TO TREATMENT TO FOREIGN MIS-

SIONS.—Section 201(c) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301(c)) is amended by inserting immediately before the period at the end thereof ", as well as matters relating to the protection of the interests of the United States". (b) EXPANDING THE DEFINITION OF FOREIGN MISSION.—Section

202(a)(4) of such Act (22 U.S.C. 4302(a)(4)) is amended— (1) by striking out "official mission to" and inserting in lieu thereof "mission to or agency in"; and (2) by inserting before the comma at the end of subparagraph (B) "or which engages in some aspect of the conduct of the international affairs of such territory or political entity". (c) CLARIFYING THAT THE SECRETARY CAN REQUIRE A FOREIGN MISSION TO FOREGO A BENEFIT.—Section 204(b) of such Act (22 U.S.C.

4304(b)) is amended by inserting "to forego the acceptance, use, or relation of any benefit or" after "(B)". (d) CONSIDERATIONS RELATING TO REAL PROPERTY.—Section 205(b) of such Act (22 U.S.C. 4305(b)) is amended— (1) by striking out "or" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; or"; and (3) by adding at the end thereof the following new paragraph: "(3) where otherwise necessary to protect the interests of the United States.". (e) MANDATORY NOTIFICATION WITH RESPECT TO REAL PROPERTY DEALINGS OF FOREIGN MISSION.—Section 205(a)(l) of such Act (22

U.S.C. 4305(a)(l)) is amended— (1) in the first sentence, by striking out "may" and inserting in lieu thereof "shall"; (2) in the first sentence, by inserting ", including any mission to an international organization (as defined in section 209(b)(2))," after "foreign mission"; and (3) in the second sentence, by striking out "If such a notification is required, the" and inserting in lieu thereof "The".

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 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 419

SEC. 128. PEACEFUL RESOLUTION OF INTERNATIONAL DISPUTES.

Title I of the State Department Basic Authorities Act of 1956 (as amended by section 125 of this Act) is further amended b}/^ redesignating section 38 as section 39 and inserting after section 37 the following new section 38: "SEC. 38. EXPENSES RELATING TO PARTICIPATION IN ARBITRATIONS OF CERTAIN DISPUTES.

"(a) INTERNATIONAL AGREEMENTS.—The Secretary of State may use funds available to the Secretary for the expenses of United States participation in arbitrations and other proceedings for the peaceful resolution of disputes under treaties or other international agreements. "(b) CONTRACTS ABROAD.—The Secretary of State may use funds available to the Secretary for the expenses of United States participation in arbitrations arising under contracts authorized by law for the performance of services or acquisition of property, real or personal, abroad.". SEC. 129. FURNISHING OF EXCESS GOVERNMENT-OWNED PROPERTY BY THE SECRETARY OF STATE.

Section 607 of the Foreign Assistance Act of 1961 (22 U.S.C. 2357) is amended— (1) in subsection (c)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (B) by striking out "(c) No" and inserting in lieu thereof "(c)(1) Except as provided in subsection (d), no"; and (C) by adding at the end thereof the following new paragraph: "(2) For purposes of transferring property described in this subsection in furtherance of the provisions of chapter 8 of part I of this Act, the phrase 'the agency administering such part I' shall be considered to refer to the Department of State."; and (2) by adding at the end thereof the following: "(d) The Secretary of State, acting through the Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, is authorized to transfer to any friendly country, international organization, the American Red Cross, or other voluntary nonprofit relief agency described in subsection (a). Government-owned excess property made available under this section or section 608 in order to support activities carried out under pari: I of this Act which are designed to enhance environmental prote(tion in foreign countries if the Secretary of State makes a written determination— "(1) that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested; "(2) as to the status and responsibility of the designated end-user and his ability effectively to use and maintain such property; and "(3) that the residual value, serviceability, and appearance of such property would not reflect unfavorably on the image of the United States and would justify the costs of packing, crating, handling, transportation, and other accessorial costs, and that the residual value at least equals the total of these coasts.".

22 USC 2651 note. 22 USC 2710.

Real property.

^loqs

22 USC 2291 Real property. Conservation.

22 USC 2358. 22 USC 2151.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/442

 99 STAT. 420 Gifts and

ppTTopPfiqa note

PUBLIC LAW 99-93—AUG. 16, 1985 SEC. 130. OFFICIAL RESIDENCE OF SECRETARY OF STATE. (a) CONGRESSIONAL REVIEW.—It is the sense of the Congress that

^^® United States should not accept a gift of any house or other place of residence for the purpose of providing an official residence for the Secretary of State unless the Congress has had an opportunity to review the proposed gift. (b) STUDY AND REPORT.—The Secretary of State shall conduct a study of any offer of a gift for the purpose of providing a place of official residence for the Secretary of State. Such study shall include an examination of the costs to the United States associated with accepting such gift, including the costs of acquisition, maintenance, security, and daily operation of a residence. The Secretary shall report the results of any study conducted under this section to the Committee on Foreign Affairs and the Committee on Public Works and Transportation of the House of Representatives and to the Committee on Foreign Relations and the Committee on Environment and Public Works of the Senate. SEC. 131. STRENGTHENING THE PERSONNEL SYSTEM OF THE BUREAU OF INTERNATIONAL NARCOTICS MATTERS.

Report.

No later than 90 days after the date of the enactment of this Act, the Secretary of State shall report to the Congress on the status of proposals implemented or under consideration to improve the staffing and personnel management in the Bureau of International Narcotics Matters. This report shall explicitly discuss whether a narcotics specialist personnel category in the Foreign Service is an appropriate mechanism to serve these purposes and, if not, what alternatives are contemplated.

8 USC 1182 note. SEC. 132. SHARING OF INFORMATION CONCERNING DRUG TRAFFICKERS.

8 USC 1182.

Drugs and drug abuse. 18 USC 3181 note.

(a) REPORTING SYSTEMS.—In order to ensure that foreign narcotics traffickers are denied visas to enter the United States, as required by section 212(a)(23) of the Immigration and Naturalization Act (22 U.S.C. 1182(a)(23))— (1) the Department of State shall cooperate with United States law enforcement agencies, including the Drug Enforcement Administration and the United States Customs Service, in establishing a comprehensive information system on all drug arrests of foreign nationals in the United States, so that that information may be communicated to the appropriate United States embassies; and (2) the National Drug Enforcement Policy Board shall agree on uniform guidelines which would permit the sharing of information on foreign drug traffickers. (b) REPORT.—Not later than six months after the date of the enactment of this Act, the Chairman of the National Drug Enforcement Policy Board shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on the steps taken to implement this section. SEC. 133. EXTRADITION TREATIES.

The Secretary of State, with the assistance of the National Drug Enforcement Policy Board, shall increase United States efforts to negotiate updated extradition treaties relating to narcotics offenses with each major drug-producing country, particularly those in Latin America.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/443

 PUBLIC LAW 99-93—AUG. 16, 1985 SEC. 134. RECOMMENDATION OF A TRAVEL ADVISORY ON THE STATE OF JALISCO, MEXICO.

99 STAT. 421 Terrorism.

(a) VIOLENCE AGAINST AMERICANS.—The Congress—

(1) deplores the brutal murder of Drug Enforcement Administration agent Enrique Camarena Salazar, and the abduction and disappearance of numerous other Americans, including John Clay Walker, Alberto Radelat, Dennis Carlson, Rose Carlson, Benjamin Mascarenas, and Patricia Mascarenas; and (2) finds that the violence perpetrated by drug traffickers in Mexico constitute a danger to the safety of United States citizens living and traveling in the State of Jalisco, Mexico. (b) TRAVEL ADVISORY.—The Congress, therefore, recommends that the Secretary of State issue a travel advisory warning United States citizens of the current dangers of traveling in the State of Jalisco, Mexico. Such travel advisory should remain in effect until those responsible for the abduction or murder of any of the United States citizens referred to in subsection (a)(1) have been brought to trial and a verdict has been obtained. (c) REPORT.—Not later than 90 days after the date of the enactment of this Act and each 90 days thereafter, the Secretary of State shall transmit a written report to the Congress on the progress made in the Camarena case, the investigations of the disappearance of United States citizens, and the general safety of United States tourists in Mexico.

Enrique Camarena Salazar. John Clay Walker. Alberto Radelat. Dennis Carlson. Rose Carlson. Benjamin Mascarenas. Patricia Mascarenas. Drugs and drug abuse.

SEC. 135. COMMENDATION OF AMBASSADOR TO MEXICO.

Law enforcement. Drugs and drug abuse. John Gavin. Enrique Camerena Salazar. 22 USC 3943 note.

The Congress commends our fine Ambassador to Mexico, John Gavin, for insuring a full and complete investigation and prosecution of the murderers of Enrique Camerena and for his continuing advocacy of a strong drug enforcement program. SEC. 136. SOVIET EMPLOYEES AT UNITED STATES DIPLOMATIC AND CONSULAR MISSIONS IN THE SOVIET UNION.

(a) LIMITATION.—To the maximum extent practicable, citizens of the Soviet Union shall not be employed as foreign national employees at United States diplomatic or consular missions in the Soviet Union after September 30, 1986. (b) REPORT.—Should the President determine that the im- President of U.S. plementation of subsection (a) poses undue practical or administrative difficulties, he is requested to submit a report to the Congress describing the number and t5rpe of Soviet foreign national employees he wishes to retain at or in proximity to United States diplomatic and consular posts in the Soviet Union, the anticipated duration of their continued employment, the reasons for their continued employment, and the risks associated with the retention of these employees. SEC. 137. RESPONSIBILITY OF UNITED STATES MISSIONS ABROAD TO PROVIDE SUPPORT FOR UNITED STATES BUSINESSES.

(a) FINDINGS.—The Congress finds that— (1) the United States is faced with increasingly larger trade deficits every year; (2) section 104 of the Foreign Service Act of 1980 provides that 22 USC 3904. the members of the Foreign Service shall represent the interests of the United States in relation to foreign countries; (3) section 207(c) of the Foreign Service Act of 1980 provides 22 USC 3927. that each chief of mission to a foreign country shall have as a

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Page:United States Statutes at Large Volume 99 Part 1.djvu/444

 99 STAT. 422

PUBLIC LAW 99-93—AUG. 16, 1985 principal duty the promotion of United States goods for export to that country; and (4) the promotion of United States business interests abroad is a fundamental aspect of United States relations with foreign countries, (b) PoucY.—It is the sense of the Congress that it is imperative, and in the national interest of the United States, that each United States mission to a foreign country provide such support as may be necessary to United States citizens seeking to do business in that country.

22 USC 2656 note.

SEC. 138. RESPONSIBILITY OF UNITED STATES MISSIONS TO PROMOTE FREEDOM OF THE PRESS ABROAD.

(a) RESPONSIBILITY.—The United States chief of mission to a foreign country in which there is not respect for freedom of the press shall actively promote respect for freedom of the press in that country. (b) DEFINITION.—As used in this section, the term "respect for freedom of the press" means that a government— (1) allows foreign news correspondents into the country and does not subject them to harassment or restrictions; (2) allows nongovernment-owned press to operate in the country; and (3) does not subject the press in the country to systematic censorship. 22 USC 2656

Report.

SEC. 139. EMERGENCY TELEPHONE SERVICE AT U.S. CONSULAR OFFICES.

It is the sense of the Congress that the Secretary of State should ensure that all United States consular offices are equipped with 24hour emergency telephone service through which United States citizens can contact a member of the staff of any such office. The Secretary should publicize the telephone number of each such service for the information of United States citizens. Not more than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to the Congress on steps taken in accordance with this section. SEC. 140. RESPONSIBILITIES OF UNITED STATES REPRESENTATIVES TO INTERNATIONAL ORGANIZATIONS.

(a) FINDINGS.—The Congress finds that— (1) international organizations of which the United States is a member are increasingly involved in the consideration of proposals that may have a significant impact on the interstate or foreign commerce of the United States; and (2) these proposals are not always adequately publicized or considered pursuant to open and fair procedures available to interested persons. (b) PoucY.—It is the sense of the Congress that— (1) the United States representatives to United Nations-related agencies and to other international organizations should oppose the adoption of international marketing and distribution regulations or restrictions which unnecessarily impede the export of United States goods and services; and (2) the Secretary of State, to the extent practicable, should publish procedures to provide interested persons with timely notice and an opportunity to comment on such regulations and

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Page:United States Statutes at Large Volume 99 Part 1.djvu/445

 PUBLIC LAW 99-93—AUG. 16, 1985 restrictions under consideration in international organizations as the Secretary determines may significantly affect— (A) the interstate or foreign commerce of the United States; (B) the policies or programs of the United States Government; or (C) any State significantly affected by interstate or foreign commerce. SEC. 141. UNITED STATES RESPONSIBILITIES FOR EMPLOYEES OF THE UNITED NATIONS.

99 STAT. 423

Commerce and trade.

22 USC 4309a.

Title II of the State Department Basic Authorities Act of 1956 is amended by adding after section 209 (22 U.S.C. 4309) the following new section: "SEC. 209A. UNITED STATES RESPONSIBILITIES FOR EMPLOYEES OF THE UNITED NATIONS.

"(a) FINDINGS.—The Congress finds that— "(1) pursuant to the Agreement Between the United States and the United Nations Regarding the Headquarters of the United Nations (authorized by Public Law 80-357 (22 U.S.C. 287 note)), the United States has accepted— "(A) the obligation to permit and to facilitate the right of individuals, who are employed by or are authorized by the United Nations to conduct official business in connection with that organization or its agencies, to enter into and exit from the United States for purposes of conducting official activities within the United Nations Headquarters District, subject to regulation as to points of entry and departure; and "(B) the implied obligation to permit and to facilitate the acquisition of facilities in order to conduct such activities within or in proximity to the United Nations Headquarters District, subject to reasonable regulation including regulation of the location and size of such facilities; and "(2) taking into account paragraph (1) and consistent with the obligation of the United States to facilitate the functioning of the United Nations, the United States has no additional obligation to permit the conduct of any other activities, including nonofficial activities, by such individuals outside of the United Nations Headquarters District.

-S X-Jl:

"(b) ACTIVITIES OF UNITED NATIONS EMPLOYEES.—(1) The conduct

of any activities, or the acquisition of any benefits (as defined in section 201(a)(1) of this title), outside the United Nations Headquarters District by any individual employed by, or authorized by the United Nations to conduct official business in connection with, that organization or its agencies, or by any person or agency acting on behalf thereof, may be permitted or denied or subject to reasonable regulation, as determined to be in the best interests of the United States and pursuant to this title. "(2) The Secretary shall apply to those employees of the United Nations Secretariat who are nationals of a foreign country or members of a foreign mission all terms, limitations, restrictions, and conditions which are applicable pursuant to this title to the members of that country's mission or of any other mission to the United Nations unless the Secretary determines and reports to the Con-

22 USC 4301.

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Page:Bobbsey Twins at the Seashore.djvu/151

Rh much cheering from the crowd. But now the single boats were coming.

"Father Marquette!" cried the people, instantly recognizing the historic figure Harry represented.

So slowly his boat came along, and so solemn he looked!

Then, as he reached the judges' stand, he stood up, put his hand over his eyes, looking off in the distance, exactly like the picture of the famous French explorer.

This brought out long and loud cheering, and really Harry deserved it, for he not only looked like, but really acted, the character.

There were a few more small boats next. In one the summer girl was all lace and parasol, in another there was a rude fisherman, then, some boys were dressed to look like dandies, and they seemed to enjoy themselves more than did the people looking at them. There was also a craft fixed up to look like a small gunboat.

Hal and Bert then paddled along.

They were perfect Indians, even having their


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Page:United States Statutes at Large Volume 99 Part 1.djvu/446

 99 STAT. 424

PUBLIC LAW 99-93—AUG. 16, 1985 gress that national security and foreign policy circumstances require that this paragraph be waived in specific circumstances. "(c) REPORTS.—The Secretary shall report to the Congress— "(1) not later than 30 days after the date of the enactment of this section, on the plans of the Secretary for implementing this section; and "(2) not later than 6 months thereafter, on the actions taken pursuant to those plans. "(d) UNITED STATES NATIONALS.—This section shall not apply with respect to any United States national. "(e) DEFINITIONS.—For purposes of this section, the term 'United Nations Headquarters District' means the area within the United States which is agreed to by the United Nations and the United States to constitute such a district, together with such other areas as the Secretary of State may approve from time to time in order to permit effective functioning of the United Nations or missions to the United Nations.". SEC. 142. UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS IF ISRAEL EXPELLED.

Section 115(b) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287 note) is amended by striking out the last sentence and inserting in lieu thereof the following: "The United States shall reduce its annual assessed contribution to the United Nations or such specialized agency by 8.34 percent for each month in which United States participation is suspended pursuant to this section.". 22 USC 287e note.

SEC. 143. UNITED NATIONS PROCEDURES.

ORGANIZATIONS

REFORM

IN

BUDGET

(a) FINDINGS.—The Congress finds that the United Nations and its specialized agencies which are financed through assessed contributions of member states have not paid sufficient attention in the development of their budgets to the views of the member governments who are major financial contributors to those budgets. (b) VOTING RIGHTS.—In order to foster greater financial responsibility in preparation of the budgets of the United Nations and its specialized agencies which are financed through assessed contributions, the Secretary of State shall seek the adoption by the United Nations and its specialized agencies of procedures which grant voting rights to each member state on matters of budgetary consequence. Such voting rights shall be proportionate to the contribution of each such member state to the budget of the United Nations and its specialized agencies. (c) LIMITATION ON ASSESSED CONTRIBUTIONS.—No payment may be

made for an assessed contribution to the United Nations or its specialized agencies in excess of 20 percent of the total annual budget of the United Nations or its specialized agencies (respectively) for the United States fiscal year 1987 and following years unless the United Nations and its specialized agencies have adopted the voting rights referred to in subsection (b). SEC. 144. LIMITATION ON ASSESSED PAYMENTS TO THE UNITED NATIONS.

Section 114 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e note), is amended in subsection (a)(1) by striking out "and" at the end of paragraph (2);

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Page:United States Statutes at Large Volume 99 Part 1.djvu/447

 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 425

(2) by striking out the period a t the end of paragraph (3) and inserting in lieu thereof a semicolon; and (3) by adding at the end of the subsection the following: "(4) 25 percent of the amount budgeted for that year for the Second Decade to Combat Racism and Racial Discrimination; "(5) 25 percent of the amount budgeted for any other United Nations agency or conference whose sole or partial purpose is to implement the provisions of General Assembly Resolution 33/79; and "(6) 25 percent of the amount budgeted for the General Assembly-approved $73,500,000 conference center to be constructed for the Economic Commission for Africa (ECA) in the Ethiopian capital of Addis Ababa.". SEC. 145. INTERNATIONAL JUTE ORGANIZATION.

The President is authorized to maintain membership of the United States in the International Jute Organization.

President of U.S.

SEC. 146. INTELSAT.

Communications and telecommunications. 47 USC 701 note.

(a) PoucY.—The Congress declares that it is the policy of the United States— (1) as a party to the International Telecommunications Satellite Organization (hereafter in this section referred to as "Intelsat"), to foster and support the global commercial communications satellite system owned and operated by Intelsat; (2) to make available to consumers a variety of communications satellite services utilizing the space segment facilities of Intelsat and any additional such facilities which are found to be in the national interest and which— (A) are technically compatible with the use of the radio frequency spectrum and orbital space by the existing or planned Intelsat space segment, and (B) avoid significant economic harm to the global system of Intelsat; and (3) to authorize use and operation of any additional space segment facilities only if the obligations of the United States under article XIV(d) of the Intelsat Agreement have been met. 23 UST 3813. (b) PRECONDITIONS FOR INTELSAT CONSULTATION.—Before consult-

ing with Intelsat for purposes of coordination of any separate international telecommunications satellite system under article XlV(d) of the Intelsat Agreement, the Secretary of State shall— (1) in coordination with the Secretary of Commerce, ensure that any proposed separate international satellite telecommunications system comply with the Executive Branch conditions established pursuant to the Presidential Determination No. 85-2; and (2) ensure that one or more foreign authorities have authorized the use of such system consistent with such conditions. (c) AMENDMENT OF INTELSAT AGREEMENT.—(1) The Secretary of

State shall consult with the United States signatory to Intelsat and the Secretary of Commerce regarding the appropriate scope and character of a modification to article V(d) of the Intelsat Agreement which would permit Intelsat to establish cost-based rates for individual traffic routes, as exceptional circumstances warrant, paying particular attention to the need for avoiding significant economic harm to the global system of Intelsat as well as United States national and foreign policy interests.

3 CFR, 1984 Comp., p. 254.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/448

 99 STAT. 426

23 UST 3813. Report.

PUBLIC LAW 99-93—AUG. 16, 1985 (2)(A) To ensure that rates established by Intelsat for such routes are cost-based, the Secretary of State, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall instruct the United States signatory to Intelsat to ensure that sufficient documentation, including documentation regarding revenues and costs, is provided by Intelsat so as to verify that such rates are in fact cost-based. (B) To the maximum extent possible, such documenation will be made available to interested parties on a timely basis. (3) Pursuant to the consultation under paragraph (1) and taking the steps prescribed in paragraph (2) to provide documentation, the United States shall support an appropriate modification to article V(d) of the Intelsat Agreement to accomplish the purpose described in paragraph (1). (d) CONGRESSIONAL CONSULTATION.—In the event that, after United States consultation with Intelsat for the purposes of coordination under article XlV(d) of the Intelsat Agreement for the establishment of a separate international telecommunications satellite system, the Assembly of Parties of Intelsat fails to recommend such a separate system, and the President determines to pursue the establishment of a separate system notwithstanding the Assembly's failure to approve such system, the Secretary of State, after consultation with the Secretary of Commerce, shall submit to the Congress a detailed report which shall set forth— (1) the foreign policy reasons for the President's determination, and (2) a plan for minimizing any negative effects of the President's action on Intelsat and on United States foreign policy interests. (e) NOTIFICATION TO FEDERAL COMMUNICATIONS COMMISSION.—In

3 CFR, 1978 Comp., p. 158.

the event the Secretary of State submits a report under subsection (d), the Secretary, 60 calendar days after the receipt by the Congress of such report, shall notify the Federal Communications Commission as to whether the United States obligations under article XlV(d) of the Intelsat Agreement have been met. (f) IMPLEMENTATION.—In implementing the provisions of this section, the Secretary of State shall act in accordance with Executive order 12046. (g) DEFINITION.—For the purposes of this section, the term "separate international telecommunications satellite system" or "separate system" means a system of one or more telecommunications satellites separate from the Intelsat space segment which is established to provide international telecommunications services between points within the United States and points outside the United States, except that such term shall not include any satellite or system of satellites established— (1) primarily for domestic telecommunications purposes and which incidentally provides services on an ancillary basis to points outside the jurisdiction of the United States but within the western hemisphere, or (2) solely for unique governmental purposes. SEC. 147. SOVIET AND COMMUNIST DISINFORMATION MANIPULATION.

Report.

AND

PRESS

Not later than one year after the date of the enactment of this Act, the Secretary of State shall prepare, in consultation with the heads of relevant Federal departments and agencies, and shall

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 PUBLIC LAW 99-93—AUG. 16, 1985 transmit to the Speaker of the House of Representatives, and to the Chairman of the Committee on Foreign Relations of the Senate, an unclassified report on Soviet and Communist disinformation and press manipulation with respect to the United States. Such report shall include a recommendation by the President on the advisability of establishing, within the Department of State, a permanent office of Soviet disinformation and press manipulation. In conducting the study required by this section the Secretary may make us<5 of suitably qualified scholars and journalists.

99 STAT. 427

Study.

SEC. 148. MURDER OF MAJOR ARTHUR D. NICHOLSON, JUNIOR.

It is the sense of the Congress that the United States should declare persona non grata one or more senior defense attaches of the Soviet Union's mission to the United States unless the President certifies to the Congress, within 90 days after the date of the enactment of this Act— (1) that the Soviet Union has made a formal apology for the murder of Major Arthur D. Nicholson, Junior; and (2) that the Soviet Union has provided satisfactory assurances that it will adhere to agreements concerning the status and safety of military and civilian missions of western nations in the German Democratic Republic. SEC. 149. INTER-AMERICAN COOPERATION IN SPACE, SCIENCE, AND TECHNOLOGY.

The Secretary of State shall conduct an in-depth study of the Study. feasibility and the economic and political benefits of the establishment of a major initiative in Inter-American Cooperation in Space, Science, and Technology. Not more than one year after the date of Report. the enactment of this Act, the Secretary shall submit a report to the Congress on the findings of such study and shall include recommendations for implementing such an initiative. SEC. 150. DEPARTMENT OF STATE INSPECTOR GENERAL. (a) ESTABLISHMENT U N D E R INSPECTOR GENERAL ACT.—(1) Section

2(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (A) by striking out "and" immediately before "the Veterans' Administration'; and (B) by inserting immediately before the semicolon ", and the Department of State". (2) Section 11 of such Act is amended— 5 USC app. (1) in paragraph (1), by inserting "State," after "Labor,"; and (2) in paragraph (2), by inserting "State," after "Labor,". (b) LIMITATION ON AUTHORITY OF INSPECTOR GENERAL OF THE 22 USC 3929a. DEPARTMENT OF STATE AND THE FOREIGN SERVICE.—Notwithstanding

section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929), any individual appointed to or serving in the capacity of the Inspesctor General of the Department of State and the Foreign Service shall be designated as the "Pr<^ram Inspector General" and may only perform such functions (utilizing appropriate authority under such section) as may be necessary for the purposes of carrying out subsection (g) of such section. (c) REPORT.—Not later than six months after the date of the enactment of this Act, the Secretary of State shall submit a report to the Congress on the steps the Secretary has undertaken to implement the provisions of the amendment made by subsection (a).

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 99 STAT. 428 22 USC 287e

PUBLIC LAW 99-93—AUG. 16, 1985 SEC. 151. EMPLOYEES OF THE UNITED NATIONS.

(a) INITIAL REPORT.—Not later than 90 days after the date of enactment of this Act, the Secretary of State shall report to the Congress on whether, and the extent to which, international civil servants employed by the United Nations, including those seconded to the United Nations, are required to return all or part of their salaries to their respective governments. The Secretary shall also include in this report a description of the steps taken by the Department of State and by the United States Representative to the United Nations to correct this practice. (b) REPORT ON STEPS TO CORRECT PRACTICE.—The Secretary of

State shall determine and report to the Congress on whether substantial progress has been made by June 1, 1986, in correcting the practice of international civil servants employed by the United Nations being required to return all or part of their salaries to their respective governments. (c) REDUCTION IN CONTRIBUTION IF SUBSTANTIAL PROCESS NOT

MADE.—If the Secretary of State determines pursuant to subsection (b) that substantial progress has not been made in correcting this practice, the United States shall thereafter reduce the amount of its annual assessed contribution to the United Nations by the amount of that contribution which is the United States proportionate share of the salaries of those international civil servants employed by the United Nations who are returning any portion of their salaries to their respective governments. (d) NATIONAL TAXATION.—This section does not apply with respect to payments made for purposes of national taxation in accordance with formal treaty reservations concerning such taxation by a member state of the United Nations. 22 USC 3922a.

22 USC 3905.

SEC. 152. REPRESENTATION OF MINORITIES AND WOMEN IN THE FOREIGN SERVICE.

(a) DEVELOPMENT OF PROGRAM.—The head of each agency utilizing the Foreign Service personnel system shall develop, consistent with section 7201 of title 5 of the United States Code, a plan designed to increase significantly the number of members of minority groups and women in the Foreign Service in that agency. (b) EMPHASIS ON MID-LEVELS.—Each plan developed pursuant to this section shall, consistent with section 7201 of title 5 of the United States Code, place particular emphasis on achieving significant increases in the numbers of minority group members and women who are in the mid-levels of the Foreign Service. (c) REPORTS TO CONGRESS.—The head of each agency utilizing the Foreign Service personnel system shall report annually to the Congress on the plan developed pursuant to this section as part of the report required to be submitted pursuant to section 105(d)(2) of the Foreign Service Act of 1980. Subsequent reports pursuant to that section shall include reports on the implementation of these plans, giving particular attention to the progress being made in increasing, through advancement and promotion, the numbers of members of minority groups and women in the mid-levels of the Foreign Service. SEC. 15. BOARD OF THE FOREIGN SERVICE. .3 Section 210 of the Foreign Service Act of 1980 (22 U.S.C. 3930) is amended by striking out "a career member of the Senior Foreign Service designated by the Secretary of State" in the second sentence and inserting in lieu thereof "an individual appointed by the President".

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99 STAT. 429

SEC. 154. DAMAGES RESULTING FROM DELAYS IN THE CONSTRUCTION OF THE UNITED STATES EMBASSY IN MOSCOW. (a) RESTRICTION; REIMBURSEMENT FOR DAMAGES INCURRED.—The

Secretary of State shall not permit the Soviet Union to occup)^ the new chancery building at its new embassy complex in Washinjjton, D.C., or any other new facility in the Washington, D.C. metropolitan area, if the Soviet Union fails to provide prompt and full reimbursement to the United States for damages incurred as a result of the construction of the new United States Embassy in Moscow. The amount of such reimbursement shall be determined by agreement between the United States and the Soviet Union or, in the event of disagreement, by international arbitration pursuant to subsection (b). (b) INTERNATIONAL ARBITRATION.—Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall initiate actions to begin the international arbitration process, which is provided for in the embassy construction agreement between the United States and the Soviet Union, in order to resolve all United States claims against the Soviet Union for damages arising from delays in the construction of the new United States Embassy complex in Moscow. (c) REPORT.—In the event the amount of reimbursement provided to the United States under subsection (a) by the Soviet Union is less than the amount of funds expended for the damages describtjd in subsection (a) that are determined by the Secretary of State to be the responsibility of the Soviet Union, the Secretary of State shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. Such report shall contain a detailed explanation of the reasons the Secretary accepted the settlement arrangements of the United States claims and the financial costs to the United States of doing so. (d) SUSPENSION OF RESTRICTIONS.—The Secretary of State may suspend the restrictions in subsection (a) in the interests of United States national security if the Secretary certifies to the Congress that a substantial number of the claims described in subsection (a) are settled and that resolution of any remaining claims is proceeding in a satisfactory manner. If the Secretary exercises the authority under this subsection, the Secretary shall report to the appropriate committees of the Congress every six months concerning progress on resolution of any outstanding claims.

Defense and national security. Claims. Report.

SEC. 155. SOVIET AND INTERNATIONAL COMMUNIST BEHAVIOR.

Not later than one year after the date of enactment of this section, Report, the Secretary of State shall prepare and transmit to the Speaker of the House of Representatives, and to chairman of the Committee on Foreign Relations of the Senate, an unclassified report on the advisability of establishing a permanent office in the Department of State to study Soviet and international Communist behavior that violates the concepts of national sovereignty and peace between nations. In Study. conducting the study required by this section, the Secretary may make use of suitably qualified journalists and scholars. TITLE II—UNITED STATES INFORMATION AGENCY SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

In addition to amounts otherwise available for such purposes, there are authorized to be appropriated for the United States Information Agency $887,900,000 for the fiscal year 1986 and $887,900,000 for the fiscal year 1987 to carry out international

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 99 STAT. 430

PUBLIC LAW 99-93—AUG. 16, 1985

information, educational, cultural, and exchange programs under the United States Information and Educational Exchange Act of 22 USC 1431 1948, the Mutual Educational and Cultural Exchange Act of 1961, note, 2451 note. Reorganization Plan Number 2 of 1977, the Radio Broadcasting to ooH^or-^FFcK Cuba Act, and other purposes authorized by law. Amounts appro22 USC 1465 priated under this section are authorized to remain available until note. expended. SEC. 202. MODERNIZATION OF VOICE OF AMERICA.

Of the authorizations of appropriations contained in section 201, authorizations of $136,594,000 for the fiscal year 1986 and $136,594,000 for the fiscal year 1987, which shall be available for essential modernization of the facilities and operations of the Voice of America, shall remain available until the appropriations are made and when those amounts are appropriated they are authorized to remain available until expended. SEC. 203. RADIO BROADCASTING TO CUBA.

22 USC 1465 note.

Of the amounts authorized to be appropriated by section 201, not less than $11,500,000 for the fiscal year 1986 and not less than $11,700,000 for the fiscal year 1987 shall be available for the implementation of the Radio Broadcasting to Cuba Act. SEC. 204. FUNDS FOR EDUCATIONAL AND CULTURAL EXCHANGES.

Of the amounts authorized to be appropriated by section 201— (1) not less than $128,899,500 for the fiscal year 1986 and not less than $141,996,000 for the fiscal year 1987 shall be available only for grants for the Fulbright Academic Exchange Programs and the International Visitor Program; (2) not less than $4,891,500 for the fiscal year 1986 and not less than $5,479,000 for the fiscal year 1987 shall be available only for grants for the Humphrey Fellowship Program; and (3) $45,400,000 for the fiscal year 1986 and $45,100,000 for the fiscal year 1987 shall be allocated to fund grants and exchanges to Latin America and the Caribbean, and the amounts utilized for programs in Central America shall be obligated in a manner consistent with the recommendations of the National Bipartisan Commission on Central America. SEC. 205. FUNDS FOR WORLDWIDE BOOK PROGRAM INITIATIVE.

Of the amounts authorized to be appropriated by section 201, not less than $7,500,000 for each of the fiscal years 1986 and 1987 shall be available only for the worldwide book program initiative. SEC. 206. FUNDS FOR EXCHANGE ACTIVITIES ASSOCIATED WITH THE 1987 PAN AMERICAN GAMES.

Of the amounts authorized to be appropriated for the fiscal years 1986 and 1987 by section 201, not less than $1,500,000 for each such fiscal year shall be available only to the Indiana Sports Corporation for exchanges of persons and other exchange-related activities associated with the 1987 Pan American Games to be held in Indianapolis, Indiana. SEC. 207. FUNDS FOR INTERNATIONAL GAMES FOR THE HANDICAPPED.

Of the amounts authorized to be appropriated for fiscal year 1986 by section 201, $3,000,000 shall be available only to reimburse expenses for exchange of athletes, coaches, and officials participat-

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 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 431

ing in international games for the handicapped which are conducted in the United States. SEC. 208. BAN ON DOMESTIC ACTIVITIES BY THE USIA.

22 USC 1461-la.

Except as provided in section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) and this section, no funds authorized to be appropriated to the United States Information Agency shall be used to influence public opinion in the United States, and no program material prepared by the United States Information Agency shall be distributed within the United States. This section shall not apply to programs carried out pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.). SEC. 209. PRIVATE SECTOR FUNDING FOR USIA'S PRIVATE SECTOR PROGRAM.

(a) LIMITATION ON GRANTS.—No grant shall be made to any organization through the Private Sector Program of the United States Information Agency unless— (1) costs equal to at least 15 percent of grants from the United States Information Agency in fiscal year 1986, and (2) costs equal to at least 25 percent of grants from the United States Information Agency in fiscal year 1987, for that organization's exchange and exchange-related programs are provided for from non-United States Government sources. (b) EXEMPTION FOR CERTAIN ORGANIZATIONS.—Subsection (a) shall not apply to grantee organizations which have been in existence for less than one year. (c) PROHIBITION ON FUNDING 1985 INTERNATIONAL YOUTH YEAR

ACTIVITIES.—No funds from fiscal year 1986 appropriations for the United States Information Agency or for any other United States Government agency shall be available for grants related to 1985 International Youth Year activities. SEC. 210. NATIONAL ENDOWMENT FOR DEMOCRACY. (a)

REQUIREMENTS RELATING

TO THE ENDOWMENT AND ITS

GRANTEES.—The National Endowment for Democracy Act (22 U.S.C. 4411 et seq.) is amended by adding at the end thereof the following new sections: "SEC. 505. REQUIREMENTS RELATING TO THE ENDOWMENT AND ITS 22 USC 4414. GRANTEES.

"(a) PARTISAN POLITICS.—(1) Funds may not be expended, either by Prohibitions, the Endowment or by any of its grantees, to finance the campaigns of candidates for public office. "(2) No funds granted by the Endowment may be used to finance activities of the Republican National Committee or the Democratic National Committee. "(3) No grants may be made to any institute, foundation, or organization engaged in partisan activities on behalf of the Republican or Democratic National Committee, on behalf of any candidate for public office, or on behalf of any political party in the United States. "(b) CONSULTATION WITH DEPARTMENT OF STATE.—The Endowment

shall consult with the Department of State on any overseas program funded by the Endowment prior to the commencement of the activities of that program.

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 99 STAT. 432 22 USC 4415. 5 USC 552 note.

Report. 5 USC 552.

22 USC 4413.

PUBLIC LAW 99-93—AUG. 16, 1985 "SEC..506. FREEDOM OF INFORMATION. "(a) CoMPUANCE WiTH FREEDOM OF INFORMATION AcT.—Notwithstanding the fact that the Endowment is not an agency or establishment of the United States Government, the Endowment shall fully comply with all of the provisions of section 552 of title 5, United States Code. "(b) PUBLICATiON IN FEDERAL REGISTER.—For purposes of Complying pursuant to subsection (a) with section 552(a)(1) of such title, the Endowment shall make available to the Director of the United States Information Agency such records and other information as the Director determines may be necessary for such purposes. The Director shall cause such records and other information to be published in the Federal Register. "(c) REVIEW BY USIA.—(1) In the event that the Endowment determines not to comply with a request for records under section 552, the Endowment shall submit a report to the Director of the United States Information Agency explaining the reasons for not complying with such request. "(2) If the Director approves the determination not to comply with such request, the United States Information Agency shall assume full responsibility, including financial responsibility, for defending the Endowment in any litigation relating to such request. "(3) If the Director disapproves the determination not to comply with such request, the Endowment shall comply with such request.. (b) AUDITS BY USIA.—Section 504 of such Act is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively, and (2) by inserting after subsection (f) the following new subsection (g): "(g) The financial transactions of the Endowment for each fiscal year may also be audited by the United States Information Agency under the conditions set forth in subsection (f)(l)."(c) GRANTS TO THE ENDOWMENT.—Of the amounts authorized to be appropriated by section 201 for the United States Information Agency, not less than $18,400,000 for the fiscal year 1986 and not less than $18,400,000 for the fiscal year 1987 shall be made available to the National Endowment for Democracy. (d) REPORTING DATE.—Section 504(i) of the National Endowment for Democracy Act (22 U.S.C. 4413(h)), as redesignated by subsection (b)(l), is amended by striking out "Etecember 31" £Uid inserting in lieu thereof "February 1". SEC. 211. PROMOTING DEMOCRACY AND AN END TO THE APARTHEID POLICIES IN SOUTH AFRICA. (a) PURPOSE.—It is the purpose of this section to encourage funding for programs that would promote democracy and seek to end the apartheid policies in South Africa, and that would be in addition to the programs for South Africa funded under chapter 4 of part II of the Foreign Assistance of 1961 (22 U.S.C. 2346 et seq.). (b) USIA GRANTS TO THE NATIONAL ENDOWMENT FOR DEMOCRACY.—It is the sense of the Congress that the Director of the United States Information Agency should make a grant of up to $500,000 for each of the fiscal years 1986 and 1987 to the National Endowment for Democracy (in addition to grants otherwise made by the Director to the Endowment) for use by the Endowment in providing financing for programs that are designed to promote democracy and that seek to end the apartheid policies in South Africa.

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Page:United States Statutes at Large Volume 99 Part 1.djvu/455

 PUBLIC LAW 99-93—AUG. 16, 1985 (c) PROGRAMS DESIGNED TO END THE APARTHEID POLICIES.—The

programs funded pursuant to this section shall be programs of support for actions of non-white led community organizations in South Africa to terminate apartheid policies such as— (1) removal of black populations from certain geographic areas on account of race or ethnic origin; (2) denationalization of blacks, including any distinctions between the South African citizenships of blacks and whites; (3) residence restrictions based on race or ethnic origin; (4) restrictions on the rights of blacks to seek employment in South Africa and live wherever they find employment in South Africa; and (5) restrictions which make it impossible for black employees and their families to be housed in family accomodations near their place of employment. (d) ELIGIBLE ORGANIZATIONS IN SOUTH AFRICA.—Any program funded in accordance with this section, which is to be carried out within South Africa, should be a program which in both its character and organizational sponsorship in South Africa clearly reflects the aspirations of the indigenous majority of South Africans for the establishment of democratic institutions and for an end to the apartheid system of separate development, and should not be a program which is financed or controlled by the Government of South Africa. SEC. 212. DISTRIBUTION WITHIN THE UNITED STATES OF THE USIA FILM ENTITLED "HAL DAVID: EXPRESSING A FEELING".

Notwithstanding section 208 of this Act and the second sentence of section 501 of the United States Information and Education Exchange Act of 1948 (22 U.S.C. 1461)— (1) the Director of the United States Information Agency shall make available to the Archivist of the United States a master copy of the film entitled "Hal David: Expressing a Feeling"; and (2) upon evidence that necessary United States rights and licenses have been secured and paid for by the person seeking domestic release of the film, the Archivist shall reimburse the Director for any expenses of the Agency in making that master copy available, 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. SEC. 213. DISTRIBUTION WITHIN THE UNITED STATES OF THREE USIA FILMS RELATING TO AFGHANISTAN.

Notwithstanding section 208 of this Act and the second sentence of section 501 of the United States Information and Education Exchange Act of 1948 (22 U.S.C. 1461)— (1) the Director of the United States Information Agency shall make available to the Archivist of the United States a master copy of the films entitled "Afghanistan 1982: the Struggle for Freedom Continues", "We are Afghanistan", and "Afghanistan: The Hidden War"; and (2) upon evidence that necessary United States rights and licenses have been secured and paid for by the person seeking domestic release of such a film, the Archivist shall reimburse

99 STAT. 433

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 99 STAT. 434

PUBLIC LAW 99-93—AUG. 16, 1985 the Director for any expenses of the Agency in making the master copy of such film available, shall deposit such film in the National Archives of the United States, and shall make copies of such 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. SEC. 214. NOTIFICATION OF PROGRAM GRANTS. (a) APPLICATION TO FISCAL YEARS 1986 AND 1987.—Section 705(b) of

22 USC 1477c note. Communications and telecommunications.

22 USC 2877 note.

the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1477c(b)) is amended by striking out "1984 and 1985" and inserting in lieu thereof "1986 and 1987". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on October 1, 1985. TITLE III—BOARD FOR INTERNATIONAL BROADCASTING SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) FISCAL YEARS 1986 AND 1987.—Subparagraph (A) of section

8(a)(1) of the Board for International Broadcasting Act of 1978 (22 U.S.C. 2877(a)(1)(A)) is amended to read as follows: "(A) $125,000,000 for the fiscal year 1986 and $125,000,000 for the fiscal year 1987; and". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on October 1, 1985. SEC. 302. IMPROVEMENT OF FACILITIES.

Section 8 of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877) is amended by adding at the end thereof the following new subsection: "(c) Of the authorization of appropriations contained in subsection (a)(1)(A), authorizations of $20,000,000 for the fiscal year 1986 and $18,323,000 for the fiscal year 1987, which shall be available for radio modernization, shall remain available until the appropriations are made and when those amounts are appropriated they are authorized to remain available until expended." SEC. 303. RADIO FREE AFGHANISTAN.

(a) BIB PURPOSES.—Paragraph (5) of section 2 of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2871(5)) is amended— (1) by striking out "and" following "Republics" and inserting in lieu thereof a comma, and (2) by inserting ", and Afghanistan (as long as it is under Soviet occupation)" after "Eastern Europe". (b) AUTHORITY.—The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871 et seq.) is amended by adding at the end thereof the following new section: 22 USC 2883.

"SEC. 14. RADIO BROADCASTING TO AFGHANISTAN IN THE DARI AND PASHTO LANGUAGES.

Funds granted to RFE/RL, Incorporated, under this Act may be used for radio broadcasting to the Afghan people in the Dari and Pashto languages, such broadcasts to be designated 'Radio Free Afghanistan'."

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140 faces browned with dark powder. Susan's feather duster had been dissected to make up the boys' headgear, and two overall suits, with jumpers, had been slashed to pieces to make the Indian suits. The canoe, of course, made a great stir.

"Who are they?" everybody wanted to know. But no one could guess.

"Oh, look at this!" called the people, as an old boat with two little girls drifted along.

The Fisherman's Daughters!

Perhaps it was because there was so much gayety around that these little girls looked so real. From the side of their weather-beaten boat dragged an old fishnet. Each girl had on her head a queer half-hood, black, and from under this Nellie's brown hair fell in tangles on her bare shoulders, and Dorothy's beautiful yellow ringlets framed in her own pretty face. The children wore queer bodices, like those seen in pictures of Dutch girls, and full skirts of dark stuff finished out their costumes.

As they sat in the boat and looked out to sea, "watching for the fisherman's return," their attitude and pose were perfect.


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 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 435

SEC. 304. MANAGEMENT OF RFE/RL, INCORPORATED.

(a) FINDINGS.—The Congress finds that— (1) RFE/RL, Incorporated, is essential to the continued and effective furtherance of the open flow of information and ideas throughout Eastern Europe and the Soviet Union; (2) effective communication of information and ideas can only be accomplished if the long-term credibility of RFE/RL, Incorporated, operating in accordance with the highest standards of professionalism, is maintained; (3) the performance of RFE/RL, Incorporated, is dependent on proper management, an objective approach to news, quality programming, and effective oversight; (4) the Board for International Broadcasting, in addition to making grants, is responsible for overseeing broadcast quality and effectiveness and for overseeing effective utilization of Federal funds; (5) RFE/RL, Incorporated, is responsible for its own management and for daily broadcasts into Eastern Europe and the Soviet Union; (6) the Board for International Broadcasting and RFE/RL, Incorporated, must remain very distinct and different institutions if they adhere to the Joint Explanatory Statement of the Committee on Conference relating to the Board of International Broadcasting Authorization Act, Fiscal Years 1982 and 1983; 22 USC 2871 (7) the President of RFE/RL, Incorporated, who is responsible ^°^for the proper management and supervision of the daily operations of the radios, should devote the necessary resources and personnel to strengthen both the oversight and the quality of programming; (8) the Board for International Broadcasting, in an effort to preserve or enhance its ability to properly oversee the operations of RFE/RL, Incorporated, must avoid even the appearance of involvement in daily operational decisions and management of RFE/RL, Incorporated; and (9) the absence of satisfactory pre-broadcast review and the lack of sufficient records of actions taken to explain or remedy program problems identified through post-broadcast review, may endanger the long-term credibility of RFE/RL, Incorporated. (b) ACTIONS TO B E TAKEN BY RFE/RL.—It is the sense of the Congress that RFE/RL, Incorporated, should— (1) strengthen existing broadcast control procedures and postbroadcast program analysis; and (2) improve its personnel management system to include such things as better documentation of internal decisionmaking and communication, personnel review, and job description. (c) ACTIONS TO B E TAKEN BY BIB.—It is the sense of the Congress that the Board for International Broadcasting should— (1) periodically review and update the Program Policy Guidelines of RFE/RL, Incorporated, with the goal of maintaining their clarity and responsiveness; and (2) ensure that the distinctions between the Board for International Broadcasting and RFE/RL, Incorporated, remain clear and that these two entities continue to operate within the framework established by law.

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 99 STAT. 436

PUBLIC LAW 99-93—AUG. 16, 1985

22 USC 2875

SEC. 305. ROLE OF THE SECRETARY OF STATE. (a) ROLE.—Section 6 of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2875) is amended— (1) by inserting "(a)" after "SEC. 6."; (2) by adding the following at the end of subsection (a), as so designated by paragraph (1): "The Secretary shall report regularly to the Board on the impact of broadcasts by RFE/RL, Incorporated, in Eastern Europe and the Soviet Union."; and (3) by adding a t the end thereof the following new subsection: "(b) No grant may be made under this Act unless RFE/RL, Incorporated, agrees to the presence of an observer representing the Secretary of State a t the meetings of its Board of Directors.". (b) LiAisoN WITH RFE/RL, INCORPORATED; REPRESENTATION AT

note.

BOARD MEETINGS.—The Secretary of State shall—

Grants.

(1) establish an office within the United States C!onsulate in Munich, Federal Republic of Germany, which shall be responsible for the daily liaison operations of the Department of State with RFE/RL, Incorporated; and (2) be represented by an observer a t each meeting of the Board for International Broadcasting and of the Board of Directors of RFE/RL, Incorporated. Study.

SEC. 306. TASK FORCE WITH RESPECT TO BROADCASTS TO SOVIET JEWRY. (a) ESTABLISH TASK FORCE.—There shall be established by the Board for International Broadcasting a task force to conduct a study of the advisability and feasibility of increasing broadcasts to the Jewish population within the Soviet Union. (b) STUDY.—The Task Force shall— (1) investigate the needs of Jewish audiences in the Soviet Union; (2) study the practicality and desirability of establishing a special program, in accordance with the Program Policy Guidelines of RFE/RL, Inc., of Russian language broadcasting to the Jewish population of the Soviet Union; (3) study the advisability of incorporating such a special program in a special unit of its Radio Liberty division entitled the "Radio Maccabee Program of Radio Liberty"; (4) make recommendations with respect to the desirable content of broadcast programming; and (5) identify the needs and concerns of the activist as well as the refusnik population in the Soviet Union. (c) REPORT.—Not later than 6 months after the date of the enactment of this Act, the Board for International Broadcasting shall submit a report to the Congress. Such report shall include the following: (1) Whether expansion of original programming scheduled ("Jewish Cultural and Social Life") or planned ("Judaism") is fulfilling the needs of the audience, and whether expanded Soviet-Jewish programming should include broadcasts on Jewish history, culture, religion, or other matters of general cultural, intellectual, political, and religious interest to the Soviet Jewish population, as well as Hebrew education courses. (2) The extent to which such programming is broadcast in Russian, Hebrew, and Yiddish. (3) Recommendations for implementing expanded programming within the structure of RFE/RL, Inc., including specific

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99 STAT. 437

personnel required and providing for a Soviet Jewry administrative unit within Radio Liberty. (4) The findings of, and the recommendations from, the study required under subsection (b). (d) MACCABEE PROGRAMMING.—RFE/RL, Incorporated, shall strengthen existing programming dealing with issues of concern to Jewish audiences in the Soviet Union, to be known as Maccabee programming. (e) EXISTING PERSONNEL TO CONDUCT STUDY AND MAKE REPORT.—

The study and the report required by this section shall be carried out by existing personnel of RFE, Inc., or the Board of International Broadceisting. TITLE IV—THE ASIA FOUNDATION SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

Section 404 of The Asia Foundation Act (22 U.S.C. 4403) is amended to read as follows: "FUNDING

"SEC. 404. There are authorized to be appropriated to the Secretary of State $10,500,000 for each of the fiscal years 1986 and 1987 for grants to The Asia Foundation pursuant to this title.". TITLE V—IRAN CLAIMS SETTLEMENT SEC. 501. RECEIPT AND DETERMINATION OF CERTAIN CLAIMS. (a) AUTHORITY OF FOREIGN CLAIMS SETTLEMENT COMMISSION.—The

Foreign Claims Settlement Commission of the United States is authorized to receive and determine the validity and amounts of claims by nationals of the United States against Iran which are settled en bloc by the United States. In deciding such claims, the Commission shall apply, in the following order— (1) the terms of any settlement agreement; (2) the relevant provisions of the Declarations of the Government of the Democratic and Popular Republic of Algeria of January 19, 1981, giving consideration to interpretations thereof by the Iran-United States Claims Tribunal; and (3) applicable principles of international law, justice, and equity. Except as otherwise provided in this title, the provisions of title I of the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) shall apply with respect to claims under this section. Any reference in such provisions to "this title" shall be deemed to refer to those provisions and to this section. (b) CERTIFICATION AND PAYMENT.—The Commission shall certify to the Secretary of the Treasury any awards determined pursuant to subsection (a) in accordance with section 5 of title I of the International Claims Settlement Act of 1949 (22 U.S.C. 1624). Such awards shall be paid in accordance with sections 7 and 8 of such title (22 U.S.C. 1626 and 1627), except that— (1) the Secretary of the Treasury is authorized to make payments pursuant to paragraphs (1) and (2) of section 8(c) of such title in the amount of $10,000 or the principal amount of the award, whichever is less; and

50 USC 1701

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 99 STAT. 438 22 USC 1626. 22 USC 1627. 50 USC 1701

PUBLIC LAW 99-93—AUG. 16, 1985 (2) the Secretary of the Treasury may deduct, pursuant to section 7(b) of such title, an amount calculated in accordance with section 502(a) of this Act, instead of 5 percent of payments made pursuant to section 8(c) of such title. SEC. 502. DEDUCTIONS FROM ARBITRAL AWARDS. (a) DEDUCTION FOR EXPENSES OF THE UNITED STATES.—Except as

provided in section 503, the Federal Reserve Bank of New York shall deduct from the aggregate amount awarded under each enumerated claim before the Iran-United States Claims Tribunal in favor of a United States claimant, an amount equal to 1 Va percent of the first $5,000,000 and 1 percent of any amount over $5,000,000, as reimbursement to the United States Government for expenses incurred in connection with the arbitration of claims of United States claimants against Iran before that Tribunal and the maintenance of the Security Account established pursuant to the Declarations of the Democratic and Popular Republic of Algeria of January 19, 1981. The Federal Reserve Bank of New York shall make the deduction required by the preceding sentence whenever the Bank receives an amount from the Security Account in satisfaction of an award rendered by the Iran-United States Claim Tribunal on the enumerated claim involved. (b) DEDUCTION TREATED AS MISCELLANEOUS RECEIPT.—Amounts

deducted by the Federal Reserve Bank of New York pursuant to subsection (a) shall be deposited into the Treasury of the United States to the credit of miscellaneous receipts. (c) PAYMENT TO UNITED STATES CLAIMANTS.—Nothing in this section shall be construed to affect the payment to United States claimants of amounts received by the Federal Reserve Bank of New York in respect of awards by the Iran-United States Claims Tribunal, after deduction of the amounts calculated in accordance with subsection (a). (d) EFFECTIVE DATE.—This section shall be effective as of June 7, 1982. 50 USC 1701

SEC. 503. EN BLOC SETTLEMENT.

The deduction by the Federal Reserve Bank of New York provided for in section 502(a) of this Act shall not apply in the case of a sum received by the Bank pursuant to an en bloc settlement of any category of claims of United States nationals against Iran when such sum is to be used for payments in satisfaction of awards certified by the Foreign Claims Settlement Commission pursuant to section 501(b) of this Act. 50 USC 1701 note.

SEC. 504. REIMBURSEMENT TO THE FEDERAL RESERVE BANK OF NEW YORK.

The Secretary of the Treasury may reimburse the Federal Reserve Bank of New York for expenses incurred by the Bank in the performance of fiscal agency agreements relating to the settlement or arbitration of claims pursuant to the Declarations of the Democratic and Popular Republic of Algeria of January 19, 1981. 50 USC 1701

SEC. 505. CONFIDENTIALITY OF RECORDS.

"° ® "

Notwithstanding section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), records pertaining to the arbitration of claims before the Iran-United States

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Rh The people did not even cheer. They seemed spellbound.

"That child is an actress," they said, noting the "real" look on Nellie's face. But Nellie was not acting. She was waiting for the lost father at sea.

When would he come back to her?


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99 STAT. 439

Claims Tribunal may not be disclosed to the general public, except that— (1) rules, awards, and other decisions of the Tribunal and claims and responsive pleadings filed at the Tribunal by the United States on its own behalf shall be made available to the public, unless the Secretary of State determines that public disclosure would be prejudicial to the interests of the United States or United States claimants in proceedings before the Tribunal, or that public disclosure would be contrary to the rules of the Tribunal; and (2) the Secretary of State may determine on a case-by-case basis to make such information available when in the judgment of the Secretary the interests of justice so require. TITLE VI—UNITED STATES SCHOLARSHIP PROGRAM FOR DEVELOPING COUNTRIES SEC. 601. STATEMENT OF PURPOSE.

Education 22 USC 4701.

The purpose of this title is to establish an undergraduate scholarship program designed to bring students of limited financial means from developing countries to the United States for study at United States institutions of higher education. SEC. 602. FINDINGS AND DECLARATIONS OF POLICY.

The Congress finds and declares that— (1) it is in the national interest for the United States Government to provide a stable source of financial support to give students in developing countries the opportunity to study in the United States, in order to improve the range and quality of educational alternatives, increase mutual understanding, and build lasting links between those countries and the United States; (2) providing scholarships to foreign students to study in the United States has proven over time to be an effective means of creating strong bonds between the United States and the future leadership of developing countries and, at the same time, assists countries substantially in their development efforts; (3) study in United States institutions by foreign students enhances trade and economic relationships by providing strong English language skills and establishing professional and business contacts; (4) students from families of limited financial means have, in the past, largely not had the opportunity to study in the United States, and scholarship programs sponsored by the United States have made no provision for identifying, preparing, or supporting such students for study in the United States; (5) it is essential that the United States citizenry develop its knowledge and understanding of the developing countries and their languages, cultures, and socioeconomic composition as these areas assume an ever larger role in the world community; (6) the number of United States Government-sponsored scholarships for students in developing countries has been exceeded as much as twelve times in a given year by the number of scholarships offered by Soviet-bloc governments to students in developing countries, and this disparity entails the serious longrun cost of having so many of the potential future leaders of the developing world educated in Soviet-bloc countries;

22 USC 4702.

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PUBLIC LAW 99-93—AUG. 16, 1985

(7) from 1972 through 1982 the Soviet Union and Eastern European governments collectively increased their education exchange programs to Latin America and the Caribbean by 205 percent while those of the United States declined by 52 percent; (8) an undergraduate scholarship program for students of limited financial means from developing countries to study in the United States would complement current assistance efforts in the areas of advanced education and training of people of developing countries in such disciplines as are required for planning and implementation of public and private development activities; (9) the National Bipartisan Commission on Central America has recommended a program of 10,000 United States Government-sponsored scholarships to bring Central American students to the United States, which program would involve careful targeting to encourage participation by young people from all social and economic classes, would maintain existing admission standards by providing intensive English and other training, and would encourage graduates to return to their home countries after completing their education; and (10) it is also in the interest of the United States, as well as peaceful cooperation in the Western Hemisphere, that particular attention be given to the students of the Caribbean region. 22 USC 4703. SEC. 603. SCHOLARSHIP PROGRAM AUTHORITY. President of U.S. (a) IN GENERAL.—The President, acting through the United States Information Agency, shall provide scholarships (including partial assistance) for undergraduate study at United States institutions of higher education by citizens and nationals of developing countries who have completed their secondary education and who would not otherwise have an opportunity to study in the United States due to financial limitations. (b) FORM OF SCHOLARSHIP; FORGIVENESS OF LOAN REPAYMENT.—To

encourage students to use their training in their countries of origin, each scholarship pursuant to this section shall be in the form of a loan with all repayment to be forgiven upon the student's prompt return to his or her country of origin for a period which is at least one year longer than the period spent studying in the United States. If the student is granted asylum in the United States pursuant to 8 USC 1158. section 208 of the Immigration and Nationality Act or is admitted to 8 USC 1157. the United States as a refugee pursuant to section 207 of that Act, half of the repayment shall be forgiven. President of U.S. (c) CONSULTATION.—Before allocating any of the funds made available to carry out this title, the President shall consult with United States institutions of higher education, educational exchange organizations. United States missions in developing countries, and the governments of participating countries on how to implement the guidelines specified in section 604. (d) DEFINITION.—For purposes of this title, the term "institution of higher education" has the same meaning as given to such term by 20 USC 1141. section 1201(a) of the Higher Education Act of 1965. 22 USC 4704. SEC. 604. GUIDELINES. The scholarship program under this title shall be carried out in accordance with the following guidelines: (1) Consistent with section 112(b) of the Mutual Educational and Cultural Exchange A.ct of 1961 (22 U.S.C. 2460(b)), all

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 PUBLIC LAW 99-93—AUG. 16, 1985

99 STAT. 441

programs created pursuant to this title shall be nonpolitical and balanced, and shall be administered in keeping with the highest standards of academic integrity. (2) United States missions shall design ways to identify promising students who are in secondary educational institutions, or who have completed their secondary education, for study in the United States. In carrying out this paragraph, the United States mission in a country shall consult with Peace Corps volunteers and staff assigned to that country and with private and voluntary organizations with a proven record of providing development assistance to developing countries. (3) United States missions shall develop and strictly implement specific economic need criteria. Scholarships under this title may only be provided to students who meet the economic need criteria. (4) The program shall utilize educational institutions in the United States and in developing countries to help participants in the programs acquire necessary skills in English and other appropriate education training. (5) Each participant from a developing country shall be selected on the basis of academic and leadership potential and the economic, political, and social development needs of such country. Such needs shall be determined by each United States mission in consultation with the government of the respective country. Scholarship opportunities shall emphasize fields that are critical to the development of the participant's country, including agriculture, civil engineering, communications, social science, education, public and business administration, health, nutrition, environmental studies, population and family planning, and energy. (6) The program shall be flexible in ordet to take advantage of different training and educational opportunities offered by universities, postsecondary vocational training schools., and community colleges in the United States. Prohibitions. (7) The program shall be flexible with respect to the number of years of undergraduate education financed but in no case shall students be brought to the United States for a period less than one year. (8) Adequate allowance shall be made in the scholarship for the purchase of books and related educational material relevant to the program of study. (9) Further allowance shall be made to provide adequate opportunities for professional, academic, and cultural enrichment for scholarship recipients. (10) The program shall, to the maximum extent practicable, Discrimination, offer equal opportunities for both male and female students to prohibition, study in the United States. (11) The United States Information Agency shall recommend to each student, who receives a scholarship under this title for study at a college or university, that the student enroll in a course on the classics of American political thought or which otherwise emphasizes the ideas, principles, and documents upon which the United States was founded. SEC. 605. AUTHORITY TO ENTER INTO AGREEMENTS.

President of U.S.

The President may enter into agreements with foreign governments in furtherance of the purposes of this title. Such agreements

agreemente^ 22 USC 4705.

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PUBLIC LAW 99-93—AUG. 16, 1985

may provide for the creation or continuation of binational or multinational educational and cultural foundations and commissions for the purposes of administering programs under this title. 22 USC 4706. SEC. 606. POLICY REGARDING OTHER INTERNATIONAL EDUCATIONAL PROGRAMS. (a) AID-FuNDED PROGRAMS.—The Congress urges the administrator of the agency primarily responsible for administering part I 22 USC 2151. of the Foreign Assistance Act of 1961, in implementing programs authorized under that part, to increase assistance for undergraduate scholarships for students of limited financial means from developing countries to study in the United States at United States institutions of higher education. To the maximum extent practicable, such scholarship assistance shall be furnished in accordance with the guidelines contained in section 604 of this title. (b) USIA-FuNDED POSTGRADUATE STUDY IN THE UNITED STATES.— The Congress urges the Director of the United States Information Agency to expand opportunities for students of limited financial means from developing countries to receive financial assistance for postgraduate study at United States institutions of higher education. (c) STUDY BY AMERICANS IN DEVELOPING COUNTRIES.—The Congress urges the President to take such steps as are necessary to expand the opportunities for Americans from all economic classes to study in developing countries. SEC. 607. ESTABLISHMENT AND MAINTENANCE OF COUNSELING SERV22 USC 4707. ICES. (a) COUNSEUNG SERVICES ABROAD.—For the purpose of assisting President of U.S. foreign students in choosing fields of study, selecting appropriate institutions of higher^ education, and preparing for their stay in the United States, the President may make suitable arrangements for counseling and orientation services abroad. Contracts. Qo) COUNSEUNG SERVICES IN THE UNITED STATES.—For the purPresident of U.S. poses of assisting foreign students in making the best use of their opportunities while attending United States institutions of higher education, and assisting such students in directing their talents and initiative into channels which will make them more effective leaders upon return to their native lands, the President may make suitable arrangements (by contract or otherwise) for the establishment and maintenance of adequate counseling services at United States institutions of higher education which are attended by foreign students. 22 USC 4708.

President of U.S. 22 USC 4709.

SEC. 608. BOARD OF FOREIGN SCHOLARSHIPS. The Board of Foreign Scholarships shall advise and assist the President in the discharge of the scholarship program carried out pursuant to this title, in accordance with the guidelines set forth in section 604. The President may provide for such additional secretarial and staff assistance for the Board as may be required to carry out this title. SEC. 609. GENERAL AUTHORITIES. (a) PuBuc AND PRIVATE SECTOR CONTRIBUTIONS.—The public and private sectors in the United States and in the developing countries shall be encouraged to contribute to the costs of the scholarship program financed under this title.

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99 STAT. 443

(b) UTILIZATION OF RETURNING PROGRAM PARTICIPANTS.—The

President of U.S.

President shall seek to engage the public and private sectors of developing countries in programs to maximize the utilization of recipients of scholarships under this title upon their return to their own countries. (c) PROMOTION ABROAD OF SCHOLARSHIP PROGRAM.—The President

may provide for publicity and promotion abroad of the scholarship program provided for in this title. (d) INCREASING UNITED STATES UNDERSTANDING OF DEVELOPING

COUNTRIES.—The President shall encourage United States institu- President of U.S. tions of higher education, which are attended by students from developing countries who receive scholarships under this title, to provide opportunities for United States citizens attending those institutions to develop their knowledge and understanding of the developing countries, and the languages and cultures of those countries, represented by those foreign students. (e) OTHER ACTIVITIES TO PROMOTE IMPROVED UNDERSTANDING.—

Funds allocated by the United States Information Agency, or the agency primarily responsible for carrying out part I of the Foreign Assistance Act of 1961, for scholarships in accordance with this title 22 USC 2151. shall be available to enhance the educational training and capabilities of the people of Latin America and the Caribbean and to promote better understanding between the United States and Latin America and the Caribbean through programs of cooperation, study, training, and research. Such funds may be used for program and administrative costs for institutions carrying out such programs. SEC. 610. ENGLISH TEACHING, TEXTBOOKS, AND OTHER TEACHING MATERIALS.

22 USC 4710.

Wherever adequate facilities or materials are not available to President of U.S. carry out the purposes of paragraph (4) of section 604 in the participant's country and the President determines that the purposes of this title are best served by providing the preliminary training in the participant's country, the President may (by purchase, contract, or other appropriate means) provide the necessary materials and instructors to achieve such purpose. SEC. 611. REPORTING REQUIREMENT.

22 USC 4711.

Not later than February 1 each year, the President shall submit President of U.S. to the Congress a report on the activities carried on and expenditures made pursuant to this title during the preceding fiscal year. SEC. 612. FUNDING OF SCHOLARSHIPS FOR FISCAL YEAR 1986 AND 22 USC 4712. FISCAL YEAR 1987. (a)

CENTRAL

AMERICAN

UNDERGRADUATE SCHOLARSHIP

PRO-

GRAM.—The undergraduate scholarship program financed by the United States Information Agency for students from Central America for fiscal year 1986 and fiscal year 1987 shall be conducted in accordance with this title. (b) SCHOLARSHIPS FOR STUDENTS FROM OTHER DEVELOPING COUN-

TRIES.—Any funds appropriated to the United States Information Agency for fiscal year 1986 or fiscal year 1987 for any purpose (other than funds appropriated for educational exchange programs under section 102(a)(1) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(a)(1)) may be used to carry out this title with respect to students from developing countries outside Central America.

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 99 STAT. 444 22 USC 4713.

PUBLIC LAW 99-93—AUG. 16, 1985 SEC. 613. LATIN AMERICAN EXCHANGES.

Of any funds authorized to be appropriated for activities authorized by this title, not less than 25 percent shall be allocated to fund grants and exchanges to Latin America and the Caribbean. Report. 22 USC 4714.

SEC. 614. FEASIBILITY STUDY OF TRAINING PROGRAMS IN SIZABLE HISPANIC POPULATIONS.

No later than December 15, 1985, the Director of the United States Information Agency and the Administrator of the Agency for International Development shall report jointly, to the chairman of the Committee on Foreign Relations of the Senate and the chairman of the Committee on Foreign Affairs of the House of Representatives, on the feasibility of greater utilization in those two agencies' scholarship and participant training programs of the United States universities in States bordering Latin American and Caribbean which are located in areas characterized by the presence of sizable Hispanic populations. contracts. 22 USC 4715. 2 USC 621 note.

SEC. 615. COMPLIANCE WITH CONGRESSIONAL BUDGET ACT.

Any authority provided by this title to enter into contracts shall be effective only— (1) to the extent that the budget authority for the obligation to make outlays, which is created by the contract, has been provided in advance by an appropriation Act; or (2) to the extent or in such amounts as are provided in advance in appropriation Acts. TITLE VII—ARMS CONTROL AND DISARMAMENT SEC. 701. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 1985.

Section 49(a)(1) of the Arms Control and Disarmament Act (22 U.S.C. 2589(a)(1)) is amended to read as follows: "(1) for the fiscal year 1985, $23,789,000, of which amount $4,321,000 shall be available only to pay necessary expenses incurred in connection with arms control negotiations with the Government of the Soviet Union on strategic arms reductions, intermediate-range nuclear forces, and space and defensive weapons;". SEC. 702. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEARS 1986 AND 1987.

Section 49(a)(2) of the Arms Control and Disarmament Act (22 U.S.C. 2589(a)(2)) is amended to read as follows: "(2) for the fiscal year 1986, $25,614,000, and for the fiscal year 1987, $25,614,000, of which amounts $6,146,000 shall be available in each fiscal year only to pay necessary expenses incurred in connection with arms control negotiations conducted with the Government of the Soviet Union on strategic arms reductions, intermediate-range nuclear forces, and space and defensive weapons; and". SEC. 703. REPORTS ON ADHERENCE TO AND COMPLIANCE WITH AGREEMENTS.

The Arms Control and Disarmament Act (22 U.S.C. 2551 et seq.) is amended by adding at the end thereof the following new section:

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 PUBLIC LAW 99-93—AUG. 16, 1985 "SEC. 52. REPORTS ON ADHERENCE TO AND COMPLIANCE WITH AGREEMENTS.

"The Congress determines that the achievement and maintenance of successful controls upon armaments requires official and public confidence that the parties are expected to adhere to their commitments and that the parties will be held accountable for failure to meet obligations. Without such confidence, existing arms control accords are eroded, and the prospects are jeopardized for new agreements which can place further controls on the competition in nuclear and conventional weapons and which can increase international stability. In accordance with this determination— "(1) the President shall submit, not later than January 31 of each year, to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report prepared by the Director, in coordination with the Secretary of State, the Secretary of Defense, the Secretary of Energy, the Chairman of the Joint Chiefs of Staff, and the Director of Central Intelligence, on the adherence of the United States to obligations undertaken in arms control agreements and on any problems related to compliance by other nations with the provisions of bilateral and multilateral arms control agreements to which the United States is a party; "(2) the section of the report dealing with United States adherence shall include information on the policies and organization of each relevant agency or department of the United States to ensure adherence, a description of national security programs with a direct bearing on adherence questions and of steps being taken to ensure adherence, and a compilation of any substantive questions raised during the previous year regarding United States adherence, together with an assessment of such issues and the need for any corrective action; and "(3) the section of the report dealing with problems of compliance by other nations shall include, in the case of each treaty or agreement about which compliance questions exist— "(A) a description of each sigiiificant issue raised and efforts made and contemplated with the other party to seek a resolution of the difficulty; "(B) an assessment of damage, if any, to United States security and other interests; and "(C) recommendations as to any steps which should be considered to redress any damage to United States national security and to reduce compliance problems. The report required by this section shall be provided in unclassified form, with classified annexes, as appropriate.". SEC. 704. PAY FOR DEPUTY DIRECTOR AND ASSISTANT DIRECTORS.

(a) AMENDMENTS TO TITLE 5.—Title 5 of the United States Code, is amended— (1) in section 5314, by adding at the end thereof the following: "Deputy Director of the United States Arms Control and Disarmament Agency."; (2) in section 5315— (A) by striking out "Deputy Director of the United States Arms Control and Disarmament Agency."; and (B) by adding at the end thereof the following:

99 STAT. 445 22 USC 2592.

President of U.S. International agreements.

Defense and national security.

International agreements.

Defense and national security.

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 99 STAT. 446

5 USC 5316.

PUBLIC LAW 99-93—AUG. 16, 1985 "Assistant Directors, United States Arms Control and Disarmament Agency (4)."; and (3) in section 5316, by striking out "Assistant Directors, United States Arms Control and Disarmament Agency (4).". (b) COMPLIANCE WITH BUDGET ACT.—Any new spending authority

2 USC 651.

(within the meaning of section 401 of the Congressional Budget Act of 1974) which is provided under the amendments made by this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. SEC. 705. NEW BUILDING IN GENEVA FOR THE USE OF THE UNITED STATES ARMS CONTROL NEGOTIATING TEAMS.

Report.

(a) FINDINGS.—The Congress finds that— (1) the United States is party to vital talks on arms control in Geneva, Switzerland; (2) these talks include negotiations on strategic nuclear weapons, intermediate range nuclear weapons, space and defense systems, a bilateral United States-Soviet forum, called the Standing Consultative Commission, and a multilateral forum, called the Conference on Disarmament; (3) the United States delegations to these talks occupy buildings and spaces insufficiently secure, modernized, or large enough to permit those delegations to conduct their work efficiently; (4) the United States delegations to the strategic, intermediate and space and defense talks in particular occupy space in the Botanic Building that is also occupied by offices of numerous other, non-United States organizations, and shares common walls and parking facilities with these delegations; (5) arms control negotiations require sophisticated security facilities, telecommunications equipment, simultaneous translation capabilities and other specialized services; and (6) the Soviet Union, for its part, has made available for its negotiating team a modern, secure, well-equipped building dedicated for the use of its arms control negotiating teams. (b) SENSE OF CONGRESS.—It is the sense of the Congress that— (1) in order to facilitate the effective work of the United States arms control negotiating teams, and to provide for them a dedicated structure capable of supporting their vital tasks on a permanent basis, the Secretary of State should submit to the Congress a report on the feasibility, cost, location, and requirements of a structure to house the United States arms control negotiating teams in Geneva; (2) this report should be submitted as soon as possible; and (3) this matter should be included in the consideration of the 1985 supplemental appropriation process. SEC. 706. STUDY OF MEASURES TO ENHANCE CRISIS STABILITY AND CONTROL.

Defense and national Nucfear weapons.

(a) STUDY.—The Secretary of State and the Director of the Arms Control and Disarmament Agency shall conduct a detailed and complete study and evaluation of additional measures which both enhance the security of the United States and reduce the likelihood of nuclear weapons use by contributing to crisis stability or crisis control capabilities, including specific consideration of the following measures:

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text: The Bobbsey Twins at the Seashore/Chapter 13