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(2) shall ensure that those plans effectively address the need to promote increased numbers of qualified women and members of minority groups into the senior levels of the Foreign Service. (c) DEPARTMENT OF STATE HIRING PRACTICES OF MINORITIES AND Reports. WOMEN.—The Secretary of State shall include annually as part of the report required to be submitted pursuant to section 105(d)(2) of the Foreign Service Act of 1980— (1) a report on the progress made at the Assistant Secretary and Bureau level of the Department of State in increasing the presence of minorities and women at all levels in the Foreign Service and Civil Service workforces of the Department of State, and (2) the specific actions taken to address the lack of Hispanic Minorities. Americans, Asian Americans, and Native Americans in the Senior Executive Service and Senior Foreign Service of the Department of State. SEC. 184. COMPLIANCE WITH LAW REQUIRING REPORTS TO CONGRESS.

(a) COMPLIANCE WITH PRIOR REQUEST.—Within 90 days after the Reports. date of enactment of this Act, the Secretary of State shall submit to the chairmen and ranking members of the Committee on Foreign Relations and the Committee on Governmental Affairs of the Senate, and the Committee on Foreign Affairs, the Committee on Post Office and Civil Service, and the Committee on Government Operations of the House of Representatives, a report complying with the 1984 request of the Senate Committee on Governmental Affairs for a listing and description of all policy and supporting positions in the Department of State and related agencies. The report shall include an unclassified tabulation, as of the 1984 request, of the following: (1) All Foreign Service officer positions then occupied by noncareer appointees. (2) All positions in the Senior Foreign Service subject to noncareer appointment. (3) The name of the incumbent; location; type; level, grade, or salary; tenure; and expiration (if any) of each position. (b) COMPLIANCE WITH FUTURE REQUESTS.—Whenever the Committee on Governmental Affairs of the Senate or the Committee on Post Office and Civil Service of the House of Representatives requests information from the Secretary of State for inclusion in the publication "U.S. Government Policy and Supporting Positions", the Secretary shall provide such information in a timely manner. SEC. 185. CHANGES IN REPORTING REQUIREMENTS. (a) REPORT ON PERSONNEL ACTIONS IN THE FOREIGN SERVICE.—

Section 105(d)(2) of the Foreign Service Act of 1980 (22 U.S.C 3905(d)(2)) is amended to read as follows: "(2) The Secretary shall transmit, to the Chairman of the Com- Minorities. mittee on Foreign Relations of the Senate and the Speaker of the House of Representatives, the Department's reports on its equal employment opportunity and affirmative action programs and its minority recruitment programs, which reports are required by law, regulation, or directive to be submitted to the Equal Employment Opportunity Commission (EEOC) or the Office of Personnel Management (OPM). Each such report shall be transmitted to the Congress at least once annually, and shall be received by the Congress not later

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than 30 days after its original submission to the Equal Employment Opportunity Commission or the Office of Personnel Maneigement.". (b) REPORT ON USE OF FOREIGN SERVICE PERSONNEL BY FEDERAL

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22 USC 4173.

AGENCIES.—Section 601(c) of such Act (22 U.S.C. 4001(c)) is amended by adding at the end thereof the following new paragraph: "(4) Not later than March 1 of each year, the Secretary of State shall submit a report to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate which shall— "(A) describe the steps taken and planned in furtherance of— "(i) maximum compatibility among agencies utilizing the Foreign Service personnel system, as provided for in section ^ r; 203, and "(ii) the development of uniform policies and procedures ^ ' ' * and consolidated personnel functions, as provided for in section 204; "(B) specify the upper and lower limits planned by each such ,, agency for recruitment, advancement, and retention of members of the Service, as provided for in section 601(c)(2), including, with respect to each of the relevant promotion competition groups, the projected ranges of rates of appointment, promotion, and attrition over each of the next 5 fiscal years, as well as a comparison of such projections with the projections for the preceding year and with actual rates of appointment, promotion, and attrition, including a full explanation of any deviations from projections reported in the preceding year; and "(C) specify the numbers of members of the Service who are " assigned to positions classified under section 501 which are more than one grade higher or lower than the personal rank of the member.". (c) REPEALS.—(1) Section 703(f) of the Foreign Service Act of 1980 (22 U.S.C. 4023(0) is repealed. (2) Sections 2402(a) and (b) of the Foreign Service Act of 1980 are repealed, and section 2402(c) of such Act is amended by striking out "this section" and inserting in lieu thereof "section 601(c)(4)". (3) Section 152(c) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 3922a(c)) is repealed. SEC. 186. DISPOSITION OF PERSONAL PROPERTY ABROAD. (a) AMENDMENT TO STATE DEPARTMENT BASIC AUTHORITIES ACT OF

1956.—The State Department Basic Authorities Act of 1956 (Public Law 84-885; 22 U.S.C. 2269 et seq.) is amended by adding at the end thereof the following new title:

, 22 USC 4341.

"TITLE III—DISPOSITION OF PERSONAL ,, PROPERTY ABROAD "SEC. 301. DEFINITIONS.

"For purposes of this title, the following terms have the following meanings: "(1) The term 'employee' means an individual who is under the jurisdiction of a chief of mission to a foreign country (as provided under section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) and who is—

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"(A) an employee as defined by section 2105 of title 5, United States Code; "(B) an officer or employee of the United States Postal Service or of the Postal Rate Commission; "(C) a member of a uniformed service who is not under the command of an area military commander; or "(D) an expert or consultant as authorized pursuant to section 3109 of title 5, United States Code, with the United States or any agency, department, or establishment thereof; but is not a national or permanent resident of the foreign country in which employed. "(2) The term 'contractor' means— "(A) an individual employed by personal services contract pursuant to section 2(c) of this Act (22 U.S.C. 2669(c)), section 636(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)(3)), or pursuant to other similar authority, including, in the case of an organization performing services under such authority, an individual involved in the performance of such services; and "(B) such other individuals or firms providing goods or services by contract as are designated by regulations issued pursuant to section 303; but does not include a contractor with or under the supervision of an area military commander. "(3) The term 'charitable contribution' means a contribution or gift as defined in section 170(c) of the Internal Revenue Code of 1986, or other similar contribution or gift to a bona fide charitable foreign entity as determined pursuant to regulations or policies issued pursuant to section 303. "(4) The term chief of mission' has the meaning given such term by section 102(3) of the Foreign Service Act of 1980 (22 U.S.C. 2902(3)). "(5) The term 'foreign country' means any country or territory, excluding the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, American Samoa, Guam, the Virgin Islands, and other territories or possessions of the United States. "(6) The term 'personal property' means any item of personal property, including automobiles, computers, boats, audio and video equipment, and any other items acquired for personal use, but excluding items of minimal value as determined by regulation or policy issued pursuant to section 303. "(7) The term 'profit' means any proceeds (including cash and other valuable consideration but not including amounts of such proceeds given as charitable contributions) for the sale, disposition, or assignment of personal property in excess of the basis for such property. For purposes of this title, basis shall include initial price, inland and overseas transportation costs (if not reimbursed by the United States Government), shipping insurance, taxes, customs fees, duties or other charges, and capital improvements, but shall not include insurance on an item while in use, or maintenance and related costs. For purposes of computing profit, proceeds and costs shall be valued in United States dollars at the time of receipt or payment, at a rate of exchange as determined by regulation or policy issued pursuant to section 303.

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 101 STAT. 1368 22 USC 4342.

PUBLIC LAW 100-204—DEC. 22, 1987

"SEC. 302. LIMITATIONS ON DISPOSITION OF PERSONAL PROPERTY.

"(a) GENERAL RULE.—Except as authorized under subsection (b), employees or members of their family shall not sell, assign, or otherwise dispose of personal property within a foreign country which was imported into or purchsised within that foreign country and which, by virtue of the official status of the employee, was exempt from import limitation, customs duties, or taxes which would otherwise apply. "(b) APPROVAL BY CHIEF OF MISSION.—The chief of mission to a foreign country, or a designee of such chief of mission, is authorized to approve within that foreign country sales, assignment, or other dispositions of property by employees under the chief of mission's jurisdiction (as described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)) to the extent that such sale, assignment, or other disposition is in accordance with regulations and policies, rules, and procedures issued pursuant to section 303. "(c) VIOLATION.—Violation of this section, or other importation, sale, or other disposition of personal property within a foreign country which violates its laws or regulations or governing international law and is prohibited by regulations and policies, rules, and procedures issued pursuant to section 303, shall be grounds for disciplinary action against an employee. 22 USC 4343.

"SEC. 303. REGULATIONS.

22 USC 4341 note.

"(a) ISSUANCE; PURPOSE.—The Secretary of State may issue regulations to carry out the purposes of this title. The primary purpose of such regulations and related policies, rules, and procedures shall be to assure that employees and members of their families do not profit personally from sales or other transactions with persons who are not themselves entitled to exemption from import restrictions, duties, or taxes. "(b) CONTRACTORS.—Such regulations shall require that, to the extent contractors enjoy importation or tax privileges in a foreign country because of their contractual relationship to the United States Government, after the effective date of this title contracting agencies shall include provisions in their contracts to carry out the purpose of this title. "(c) CHIEF OF MISSION.—In order to ensure that due account is taken of local conditions, including applicable laws, markets, exchange rate factors, and accommodation exchange facilities, such regulations may authorize the chief of mission to each foreign country to establish more detailed policies, rules, or procedures for the application of this title within that country to employees under the chief of mission's jurisdiction.". (b) EFFECTIVE DATE.—This section shall take effect 180 days after the date of enactment of this Act. SEC. 187. AUTHORITIES FOR SERVICE OF FASCELL FELLOWS.

Section 1005(b) of the Fascell Fellowship Act (22 U.S.C. 49040))) is amended to read as follows: "(b) AUTHORITIES.—Fellows may be employed—

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"(1) under a temporary appointment in the civil service; "(2) under a limited appointment in the Foreign Service; or "(3) by contract under the provisions of section 2(c) of the State Department Basic Authorities Act of 1956.".

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SEC. 188. BENEFITS FOR CERTAIN FORMER SPOUSES OF MEMBERS OF THE FOREIGN SERVICE.

(a) IN GENERAL.—Subchapter I of Chapter 8 of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended by inserting after section 829 (22 U.S.C. 4069) the following: "SEC. 830. RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES.

"(a) Any individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent or in such amounts as are provided in advance in appropriations Acts, and except to the extent such former spouse is disqualified under subsection (b), to benefits— "(1) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the benefits of the participant; or "(2) if not married to the participant throughout such creditable service, equal to that former spouse's pro rata share of 50 percent of such benefits. "(b) A former spouse shall not be entitled to benefits under this section if— "(1) the former spouse remarries before age 55; or "(2) the former spouse was not married to the participant at least 10 years during service of the participant which is creditable under this chapter with at least 5 years occurring while the participant w£us a member of the Foreign Service. "(c)(1) The entitlement of a former spouse to benefits under this section— "(A) shall commence on the later of— "(i) the day the participant upon whose service the benefits are based becomes entitled to benefits under this chapter; or "(ii) the first day of the month in which the divorce or annulment involved becomes final; and "(B) shall terminate on the earlier of— "(i) the last day of the month before the former spouse dies or remarries before 55 years of age; or "(ii) the date the benefits of the participant terminates. "(2) Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant— "(A) the benefits of the former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for benefits under this chapter (other than a disability annuity) or the date the disability annuity begins, whichever is later, and "(B) the amount of benefits of the former spouse shall be calculated on the basis of benefits for which the participant would otherwise so qualify. "(3) Benefits under this section shall be treated the same as an annuity under section 814(a)(7) for purposes of section 806(h) or any comparable provision of law. "(4)(A) Benefits under this section shall not be payable unless appropriate written application is provided to the Secretary, complete with any supporting documentation which the Secretary may by regulation require, within 30 months after the effective date of this section. The Secretary may waive the 30-month application requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant.

22 USC 4069a.

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Regulations.

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PUBLIC LAW 100-204—DEC. 22, 1987

"(B) Upon approval of an application provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with respect to any period before the effective date of this section. • «)£') Si "(d) For the purposes of this section, the term 'benefits' means— "(1) with respect to a participant or former participant subject to this subchapter, the annuity of the participant or former participant; and "(2) with respect to a participant or former participant subject to subchapter II, the benefits of the participant or former participant under that subchapter. "(e) Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this chapter. 22 USC 4069b.

"SEC. 831. SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES.

"(a) Any individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent or in such amounts as are provided in advance in appropriations Acts, and except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 percent of the greater of— "(1) the full amount of the participant's or former partici^,. pant's annuity, as computed under this chapter; or "(2) the full amount of what such annuity as so computed would be if the participant or former participant had not with. drawn a lump-sum portion of contributions made with respect to such annuity. "(b) If an election has been made with respect to such former spouse under section 2109 or 806(f), then the survivor annuity under subsection (a) of such former spouse shall be equal to the full amount of the participant's or former participant's annuity referred to in subsection (a) less the amount of such election. "(c) A former spouse shall not be entitled to a survivor annuity under this section if— "(1) the former spouse remarries before age 55; or "(2) the former spouse was not married to the participant at least 10 years during service of the participant which is creditable under this chapter with at least 5 years occurring while the participant was a member of the Foreign Service. "(d)(1) The entitlement of a former spouse to a survivor annuity under this section— "(A) shall commence— ^., "(i) in the case of a former spouse of a participant or former participant who is deceased as of the effective date of this section, beginning on such date; and ,r "(ii) in the case of any other former spouse, beginning on the later of— ,'r " v.-^../. !. ':ii' "(1) the date that the participant or former participant to whom the former spouse was married dies; or "(II) the effective date of this section; and "(B) shall terminate on the last day of the month before the former spouse's death or remarriage before attaining the age 55. "(2)(A) A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Secretary,

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complete with any supporting documentation which the Secretary may by regulation require, within 30 months after the effective date of this section. The Secretary may waive the 30-month application requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant. "(B) Upon approval of an application provided under subparan,,. graph (A), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before the effective date of this section. "(e) The Secretary shall— "(1) as soon as possible, but not later than 60 days after the Regulations, effective date of this section, issue such regulations as may be necessary to carry out this section; and "(2) to the extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or former participant on February 14, 1981, of any rights which such individual may have under this section. "(f) Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this chapter. "SEC. 832. HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES.

22 USC 4069c.

"(a) Except as provided in subsection (c)(1), any individual— "(1) formerly married to an employee or former employee of the Foreign Service, whose marriage was dissolved by divorce or annulment before May 7, 1985; "(2) who, at any time during the 18-month period before the divorce or annulment became final, was covered under a health benefits plan as a member of the family of such employee or former employee; and "(3) who was married to such employee for not less than 10 years during periods of government service by such employee, is eligible for coverage under a health benefits plan in accordance with the provisions of this section. "(b)(1) Any individual eligible for coverage under subsection (a) Regulations. may enroll in a health benefits plan for self alone or for self and family if, before the expiration of the 6-month period beginning on the effective date of this section, and in accordance with such procedures as the Director of the Office of Personnel Management shall by regulation prescribe, such individual— "(A) files an election for such enrollment; and "(B) arranges to pay currently into the Employees Health Benefits Fund under section 8909 of title 5, United States Code, an amount equal to the sum of the employee and agency contributions payable in the case of an employee enrolled under chapter 89 of such title in the same health benefits plan and with the same level of benefits. "(2) The Secretary shall, as soon as possible, take all steps practicable— "(A) to determine the identity and current address of each former spouse eligible for coverage under subsection (a); and "(B) to notify each such former spouse of that individual's rights under this section.

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 101 STAT. 1372

Regulations.

liBUJiS^..;

'li

PUBLIC LAW 100-204—DEC. 22, 1987

"(3) The Secretary shall waive the 6-month limitation set forth in paragraph (1) in any case in which the Secretary determines that the circumstances so warrant. "(c)(1) Any former spouse who remarries before age 55 is not eligible to make an election under subsection (b)(D. "(2) Any former spouse enrolled in a health benefits plan pursuant to an election under subsection OJXD may continue the enrollment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age 55 shall not be eligible for continued enrollment under this section after the end of the 31-day period beginning on the date of remarriage. "(d) No individual may be covered by a health benefits plan under this section during any period in which such individual is enrolled in a health benefits plan under any other authority, nor may any individual be covered under more than one enrollment under this section. "(e) For purposes of this section the term 'health benefits plan' means an approved health benefits plan under chapter 89 of title 5, United States Code.". (b) CONFORMING AMENDMENT.—The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 829 the following: "Sec. 830. Retirement benefits for certain former spouses. "Sec. 831. Survivor benefits for certain former spouses. "Sec. 832. Health benefits for certain former spouses.".

.

..;

TITLE II—THE UNITED STATES INFORMATION AGENCY SEC. 201. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF FUNDS.

There are authorized to be appropriated to the United States Information Agency the following amounts to carry out international information activities under the United States Information and Educational Exchange Act of 1948, Reorganization Plan Number 2 of 1977, and other purposes authorized by law: (1) For "Salaries and Expenses", $369,455,000 for the fiscal , year 1988 and $376,845,000 for the fiscal year 1989; (2) For "Television and Film Service", $30,391,000 for the ', fiscal year 1988 and $30,999,000 for the fiscal year 1989; and (3) For "East-West Center", $20,000,000 for the fiscal year 1988 and $20,400,000 for the fiscal year 1989. SEC. 202. FUNDS APPROPRIATED FOR THE UNITED STATES INFORMATION AGENCY. (a)

NOTIFICATION REQUIREMENT BEFORE AWARDING PROGRAM

GRANTS.—Section 705(b) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1477c) is amended by striking out "for the fiscal years 1986 and 1987". (b) PROHIBITION ON CERTAIN REPROGRAMMING.—Section 705 of the

United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1477c) is amended by adding at the end the following: "(c) Funds appropriated for the United States Information Agency may not be available for obligation or expenditure through any reprogramming described in subsection (a) during the period which

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is the last 15 days in which such funds are available unless notice of such reprogramming is made before such period.". SEC. 203. RECEIPTS FROM ENGLISH-TEACHING AND LIBRARY PROGRAMS.

Section 810 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended to read as follows: "SEC. 810. Notwithstanding the provisions of section 8302(b) of title 31, United States Code, or any other law or limitation of authority, all payments received by or for the use of the United States Information Agency from or in connection with Englishteaching and library services conducted by or on behalf of the Agency under the authority of this Act or the Mutual Educational and Cultural Exchange Act of 1961 may be credited to the Agency's applicable appropriation to such extent as may be provided in advance in an appropriation Act.". SEC. 204. USIA POSTS AND PERSONNEL OVERSEAS.

(a) PROHIBITION.—No funds authorized to be appropriated by this Act or any other Act may be used to pay any expense associated with the closing of any United States Information Agency post abroad. No funds authorized to be appropriated by this Act shall be used to pay for any expense associated with the Bureau of Management or with the television and film service of the United States Information Agency if a United States Information Agency post abroad is closed after April 1, 1987, and not reopened within 180 days of the date of enactment of this Act. (b) LIMITATION ON REDUCTION OF POSITIONS.—Reductions shall not be made in the number of positions filled by American employees of the United States Information Agency stationed abroad until the number of such employees is the same percentage of the total number of American employees of the Agency as the number of American employees of the Agency stationed abroad in 1981 was to the total number of American employees of the Agency at the same time in 1981. (c) WAIVER.—Subsections (a) and (h) shall not apply to any United States Information Agency post closed— (1) after January 1, 1987, and before the date of enactment of this Act if the host government will not allow that post to be reopened; (2) because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; (3) where there is a real and present threat to American diplomats in the city where the post is located and where a travel advisory warning against American travel to the city has been issued by the Department of State; or (4) when the post is closed so as to provide funds to open a new post, staffed by at least one full-time foreign service officer, and where the Director of the United States Information Agency reports to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that— (A) the new post is a higher priority than the post proposed to be closed; and (B) the total number of United States Information Agency posts abroad staffed by full-time Foreign Service

22 USC 1461

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 101 STAT. 1374

Reports.

PUBLIC LAW 100-204—DEC. 22, 1987

employees of the Agency is not less than the number of such posts in existence on April 1, 1987. (d) SEQUESTRATION.—In the case that a sequestration order is issued pursuant to Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.; Public Law 99-177), the Director of the United States Information Agency may, as part of an agency wide austerity proposal, submit a report proposing a list of United States Information Agency posts to be downgraded or closed in order to comply with the sequestration order, together with a justification for the inclusion of each post on such list. Such report shall be submitted to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 205. FORTY-YEAR LEASING AUTHORITY.

Section 801(3) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471(3)) is amended by striking out "twenty-five" and inserting in lieu thereof "forty". SEC. 206. UNITED STATES INFORMATION AGENCY PROGRAMMING ON AFGHANISTAN. (a)

THE AFGHANISTAN COUNTRY PLAN.—The Director of

the

United States Information Agency shall implement a formal, comprehensive country plan on Afghanistan based on the guidelines set forth in the United States Information Agency country plan instructions for fiscal year 1988. O> REPORT TO CONGRESS.—Not later than 60 days after the date of t) the enactment of this Act, the Director of the United States Information Agency shall provide Congress in writing with the proposed comprehensive Afghanistan country plan. Communications SEC. 207. TELEVISION SERVICE OF THE UNITED STATES INFORMATION and teleAGENCY. communications. The television and film service of the United States Information 22 USC 1463 note. Agency, including Worldnet broadcasts, shall operate under the

same criteria and conditions as are specified for the Voice of America by section 503 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1463). SEC. 208. LIMITATION ON WORLDNET FUNDING.

Funds may not be reprogrammed in fiscal years 1988 and 1989 from any program, project, or activity for Worldnet. Funds may not be transferred in fiscal years 1988 and 1989 from any other account for Worldnet. SEC. 209. AUDIENCE SURVEY OF WORLDNET PROGRAM.

(a) EARMARK.—Of the funds authorized to be appropriated for USIA's Worldnet Program by section 201(2), not less than $500,000 for the fiscal year 1988 shall be available only for the purpose of conducting a market survey in Europe of USIA's Worldnet programming. (b) QUALIFICATIONS OF SURVEYOR.—Such survey shall be conducted by a television market survey company which has a long established reputation for objective estimates of television audience size and which has not less than 15 years of substantial experience in estimating audience size.

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101 STAT. 1375

(c) REPORT.—Not later than 9 months after the date of enactment of this Act, the Director of the United States Information Agency shall submit a report to the Chairman of the Committee on Foreign Relations of the Senate and the Chairman of the House Committee on Foreign Affairs containing— (1) the best estimate by the company performing the audience survey of the number of persons in Europe who watch, on a daily basis, the passive (noninteractive) shows of USIA's Worldnet Program. Such estimate shall include the number of persons who watch a part of the daily passive (noninteractive) shows of USIA's Worldnet Program and the number of persons who watch such programs in their entirety; (2) a description of the demographic composition and nationality of the persons watching such programs; and (3) the entire report prepared by the company conducting the survey. (d) NOTIFICATION OF SELECTED SURVEYOR.—At least 30 days prior Contracts. to the approval by the Director of the United States Information Agency of a contract with a company conducting the survey required by this section, the Director shall provide the Chairman of the Senate Committee on Foreign Relations and the Chairman of the House Foreign Affairs Committee of the name of the company selected to conduct the survey together with a copy of the proposed contract. (e) LIMITATION.—No funds authorized to be appropriated to the United States Information Agency shall be expended after October 1, 1988, on the production or acquisition of passive (noninteractive) programs for USIA's Worldnet television service unless— (1) the survey required by this section has been completed in the manner described by this section; (2) the report required by this section, along with a copy of the survey results, has been submitted 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; and (3) the survey shows with a high degree of reliability that the average daily European audience for the passive (noninteractive) programs of USIA's Worldnet television service is not less than 2,000,000 viewers. SEC. 210. NATIONAL ENDOWMENT FOR DEMOCRACY.

In addition to amounts authorized to be appropriated by section 201, there are authorized to be appropriated to the United States Information Agency $17,500,000 for the fiscal year 1988 and $18,100,000 for the fiscal year 1989 to be available only for a grant to the National Endowment for Democracy for carrying out its purposes, of which not less than $250,000 for the fiscal year 1988 shall be used to support elements of the free press, including free radio, and the democratic civic opposition inside Nicaragua which espouse democratic principles and objectives. As is the case with all programs of the National Endowment for Democracy, no employee of any department, agency, or other component of the United States Government may participate, directly or indirectly, in controlling and directing the use of these funds to the free press and democratic civic opposition inside Nicaragua.

Nicaragua.

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PUBLIC LAW 100-204—DEC. 22, 1987

SEC. 211. SEPARATE ACCOUNTS FOR NED GRANTEES. Section 504(h) of the National Endowment for Democracy Act (22 U.S.C. 4413(h)) is amended by inserting "separate accounts with respect to such assistance and" after "keeps". SEC. 212. NED TREATMENT OF INDEPENDENT LABOR UNIONS. Section 503 of the National Endowment for Democracy Act (22 U.S.C. 4412) is amended by adding at the end thereof the following new subsection: "(f) Nothing in this title shall preclude the Endowment from making grants to independent labor unions." SEC. 213. UNITED STATES DIPLOMACY.

ADVISORY

COMMISSION

ON

PUBLIC

Section 604 of the United States Information and Education Exchange Act of 1948 (22 U.S.C. 1469) is amended to read as follows: " UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY

President of U.S.

Effective date.

"SEC. 604. (a) The United States Advisory Commission on International Communication, Cultural and Educational Affairs, established by section 8 of Reorganization Plan Numbered 2 of 1977, is hereby redesignated as the United States Advisory Commission on Public Diplomacy (hereafter in this section referred to as the "Commission"). "(b) The Commission shall be composed of seven members who shall be appointed by and serve at the pleasure of the President. The members of the Commission shall represent the public interest and shall be selected from a cross section of educational, communications, cultural, scientific, technical, public service, labor and business, and professional backgrounds. The President shall designate a member to chair the Commission. "(c) The Commission shall have a staff director who shall be appointed by the Chairman of the Commission. Subject to such rules and regulations as may be adopted by the Commission, the Chairman of the Commission may— "(1) appoint such additional personnel for the staff of the Commission as the Chairman deems necessary; and "(2) procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay payable for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code. "(d) This section shall enter into force on January 20, 1989. Any provisions of section 8 of Reorganization Plan Numbered 2 of 1977 inconsistent with this section shall no longer have legal effect on that date. The prohibition limiting membership of individuals from the same political party is repealed.". SEC. 214. DISTRIBUTION WITHIN THE UNITED STATES OF USIA FILM ENTITLED "AMERICA THE WAY I SEE IT".

Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-la) and the second sentence of section 501 of the United States Information and Education Exchange Act of 1948 (22 U.S.C. 1461)—

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(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 "America The Way I See It"; 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— (A) reimburse the Director for any expenses of the Agency in making that master copy available; (B) deposit that film in the National Archives of the United States; and (C) make copies of that film available for purchase and Public information. 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. 215. AVAILABILITY OF CERTAIN USIA PHOTOGRAPHS FOR DISTRIBUTION WITHIN THE UNITED STATES BY THE DEPARTMENT OF DEFENSE.

Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-la) and the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the United States Information Agency shall make avedlable, upon request, to the Secretary of Defense and the Secretaries of the military departments concerned photographs of military operations and military related activities that occurred in the Republic of Vietnam for the purpose of developing and publishing military histories by those departments. The Secretary of Defense, or the Secretary of the military department concerned, as appropriate, shall reimburse the Director for any expenses involved in making such photographs available. Any reimbursement to the Director pursuant to this section shall be credited to the applicable appropriation of the United States Information Agency. SEC. 216. USIA UNDERGRADUATE SCHOLARSHIP PROGRAM.

(a) INCREASED FUNDING FOR CARIBBEAN REGION.—It is the sense of the House of Representatives that the United States Information Agency should provide increased funding for students in the Caribbean region under the scholarship program for developing countries established by title VI of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987. (h) DEFINITION.—

(1) As used in this section, the term "Caribbean region" means— (A) Antigua and Barbuda, Aruba, the Bahamas, Barbados, Belize, Cuba, Dominica, the Dominican Republic, Grenada, Guyana, Haiti, Jamaica, St. Christopher and Nevis, St. Vincent and the Grenadines, St. Lucia, Trinidad and Tobago; (B) Anguilla, British Virgin Islands, Cayman Islands, Montserrat, Netherlands Antilles, Turks and Caicos Islands; and (C) French Guiana, Guadeloupe, and Martinique. (2) Nothing in this subsection may be construed to encourage or authorize scholarships for students from any country which is a Communist country.

Public information.

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PUBLIC LAW 100-204—DEC. 22, 1987

TITLE III—EDUCATIONAL AND CULTURAL AFFAIRS SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS. (a) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts

authorized to be appropriated by section 201, there are authorized to be appropriated to the United States Information Agency for the Bureau of Educational and Cultural Affairs $188,625,000 for the fiscal year 1988 and $192,438,000 for the fiscal year 1989 to carry out the purposes of the Mutual Educational and Cultural Exchange Act of 1961. Of the funds authorized to be appropriated by this section, not less than— (1) $93,000,000 for the fiscal year 1988 and $93,000,000 for the fiscal year 1989 shall be available only for grants for the ,. Fulbright Academic Exchange Programs; '^ (2) $39,000,000 for the fiscal year 1988 and $39,000,000 for the fiscal year 1989 shall be available only for grants for the International Visitors Program; (3) $5,250,000 for the fiscal year 1988 and $5,250,000 for the fiscal year 1989 shall be available only for grants for the Hubert H. Humphrey Fellowship Program; (4) $2,500,000 for the fiscal year 1988 and $2,500,000 for the fiscal year 1989 shall be available only for the Congress-Bundestag Exchange; (5) $500,000 for the fiscal year 1988 and $500,000 for the fiscal year 1989 shall be available only to the Seattle Goodwill Games Organizing Committee for Cultural Exchange and other exchange-related activities associated with the 1990 Goodwill Games to be held in Seattle, Washington; (6) $5,000,000 for the fiscal year 1988 and $5,000,000 for the fiscal year 1989 shall be available only for the Arts America Program; and (7) $300,000 for the fiscal year 1988 shall be available only for books and materials to complete the collections at the Edward Zorinsky Memorial Library in Jakarta, Indonesia. Ob) ALLOCATION OF FUNDS FOR EXCHANGES BETWEEN THE UNITED STATES AND THE SOVIET UNION.—(1) Of the funds authorized to be

appropriated by subsection (a), not less than $2,000,000 shall be available only for grants for exchange of persons programs between the United States and the Soviet Union. (2) Funds allocated by paragraph (1) or (2) of subsection (a) may be counted toward the allocation required by this subsection to the extent that such funds are used, in accordance with their respective programs, for grants for exchange of persons programs between the United States and the Soviet Union. SEC. 302. S A M A N T H A SMITH MEMORIAL EXCHANGE PROGRAM.

Union of Soviet Socialist Republics. Eastern Europe. Schools and colleges.

(a) ESTABLISHMENT.—Section 112(a) of the Mutual Educational Exchange Act of 1961 (22 U.S.C. 2460(a)) is amended— (1) by striking out "and" at the end of paragraph (6); (2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(8) the Samantha Smith Memorial Exchange Program which advances understanding between the United States and the

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Soviet Union and between the United States and Eastern European countries through the exchange of persons under the age of 21 years and of students at an institution of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))) who have not received their initial baccalaureate degree.", (b) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts

authorized to be appropriated by section 301, there is authorized to be appropriated $2,000,000 for fiscal year 1988 and $2,000,000 for fiscal year 1989 to carry out the program established by the amendment made by subsection (a). SEC. 303. THE ARTS AMERICA PROGRAM.

Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)), as amended by section 302, is further amended— (1) by striking out "and" at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new paragraph: "(9) the Arts America program which promotes a greater appreciation and understanding of American art abroad by supporting exhibitions and tours by American artists in other countries.". SEC. 304. PROFESSORSHIP ON CONSTITUTIONAL DEMOCRACY.

.

^^ •

President of U.S.

(a) FEDERAL SUPPORT FOR PROFESSORSHIP.—The President, in sup- school^'and port of the statutory program of American studies abroad, is di- colleges. rected to foster studies in constitutional democracy at the Santo Tomas University in the Republic of the Philippines by supporting at such university under section 102(b)(4) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)(4)) a professorship on the subject of constitutional democracy, if such professorship is established by such university. (b) FINANCIAL SUPPORT FOR THE PROFESSORSHIP.—If the professorship referred to in subsection (a) is established by the Santo Tomas University in the Republic of the Philippines, veterans of the Pacific theater in World War II and veterans of the Korean conflict and Vietnam era are encouraged to contribute funds under section 105(f) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)) to support such professorship. SEC. 305. UNITED STATES-INDIA FUND.

Section 903(b) of the United States-India Fund for Cultural, Educational, and Scientific Cooperation Act (22 U.S.C. 290J-1) is amended to read as follows: "(b) In accordance with the agreement negotiated pursuant to section 902(a), sums made available for investment for the United States-India Fund for Cultural, Educational, and Scientific Cooperation under the Departments of Commerce, Justice, and State, and the Judiciary and Related Agencies Appropriation Act, 1985, and any earnings on such sums shall be available for the purposes of section 902(a).".

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Indonesia.

PUBLIC LAW 100-204—DEC. 22, 1987

SEC. 306. THE EDWARD ZORINSKY MEMORIAL LIBRARY. (a) MEMORIAL FOR EDWARD ZORINSKY.—The United

States Information Service library in Jakarta, Indonesia is named "The Edward Zorinsky Memorial Library". (b) MEMORIAL PLAQUE.—The Director of the United States Information Agency shall cause a plaque to be made and prominently displayed at the library described in subsection (a). The plaque shall bear the following inscription: "THE EDWARD ZORINSKY MEMORIAL LIBRARY "This library is dedicated to the memory of Edward Zor- * insky, United States Senator from Nebraska. As a Senator, Edward Zorinsky worked tirelessly to promote the free exchange of ideas and people between the United States and other countries. This library, which is a forum for the exchange of ideas and knowledge between the people of the United States and the people of Indonesia, was reopened after a hiatus of more than twenty years as a result of legislation authored by Senator Zorinsky.". SEC. 307. CULTURAL PROPERTY ADVISORY COMMITTEE. (a) TERMS OF SERVICE.—Section 306(b)(3)(A) of the Convention on

Cultural Property Implementation Act (19 U.S.C. 2601 note) is amended to read as follows: "(3)(A) Members of the Committee shall be appointed for terms of President of U.S. three years and may be reappointed for one or more terms. With respect to the initial appointments, the President shall select, on a representative basis to the maximum extent practicable, four members to serve three-year terms, four members to serve two-year terms, and the remaining members to serve a one-year term. Thereafter each appointment shall be for a three-year term.". 19 USC 2605.

(b) VACANCIES; CHAIRMANSHIP.—Section 306(b)(3)(B) of the Conven-

19 USC 2605 note.

tion on Cultural Property Implementation Act (19 U.S.C. 2601 note) is amended to read as follows: "(B)(i) A vacancy in the Committee shall be filled in the same manner as the original appointment was made and for the unexpired portion of the term, if the vacancy occurred during a term of office. Any member of the Committee may continue to serve as a member of the Committee after the expiration of his term of office until reappointed or until his successor has been appointed. "(ii) The President shall designate a Chairman of the Committee from the members of the Committee.". (c) APPLICATION.—The amendment made by subsection (a) shall apply to members of the Cultural Property Advisory Committee first appointed after the date of enactment of this Act.

TITLE IV—VOICE OF AMERICA SEC. 401. AUTHORIZATIONS OF APPROPRIATIONS.

In addition to the amounts authorized to be appropriated under title II, there are authorized to be appropriated the following amounts to the United States Information Agency for the Voice of America for the purpose of carrying out title V of the United States Information and Educational Exchange Act of 1948 and the Radio Broadcasting to Cuba Act:

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(1) for ''Salaries and Expenses", $177,200,000 for the fiscal year 1988 and $180,744,000 for the fiscal year 1989; (2) for "Voice of America/Europe", $3,000,000 for the fiscal year 1988 and $3,060,000 for the fiscal year 1989; and (3) for "Radio Broadcasting to Cuba", $12,652,000 for the fiscal year 1988 and $12,905,000 for the fiscal year 1989. SEC. 402. VOICE OF AMERICA/EUROPE.

Title V of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461 et seq.) is amended by adding after section 503 the following new section: "SEC. 504. VOICE OF AMERICA/EUROPE.

22 USC 1464.

"As part of its duties and programs under title V of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461 et seq.). Voice of America/Europe shall— "(1) target news and features in accordance with the findings and recommendations of the Young European Survey; "(2) conduct periodic audience evaluations and measurements; and "(3) promote and advertise Voice of America/Europe.". SEC. 403. CONTRACTOR REQUIREMENTS.

22 USC 1471

(a) FINDINGS.—The Congress finds that the overriding national security aspects of the $1,300,000,000 facilities modernization program of the Voice of America require the assurance of uninterrupted logistic support under all circumstances for the program. Therefore, it is in the best interests of the United States to provide a preference for United States contractors bidding on the projects of this program. (b) RESPONSIVE BID.—A bid shall not be treated as a responsive bid for purposes of the facilities modernization program of the Voice of America unless the bidder can establish that the United States goods and services content, excluding consulting and management fees, of his proposal and the resulting contract will not be less than 55 percent of the value of his proposal and the resulting total contract. (c) PREFERENCE FOR UNITED STATES CONTRACTORS.—Notwithstand-

ing any other provision of law, in any case where there are two or more qualified bidders on projects of the facilities modernization program of the Voice of America, including design and construction projects and projects with respect to transmitters, antennas, spare parts, and other technical equipment, all the responsive bids of United States persons and qualified United States joint venture persons shall be considered to be reduced by 10 percent. (d) EXCEPTION.—

(1) Subsection (c) shall not apply with respect to any project of the facilities modernization program of the Voice of America when— (A) precluded by the terms of an international agreement with the host foreign country; (B) a foreign bidder can establish that he is a national of a country whose government permits United States contractors and suppliers the opportunity to bid on a competitive and nondiscriminatory basis with its national contractors and suppliers, on procurement and projects related to the construction, modernization, upgrading, or expansion of—

International agreements.

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 101 STAT. 1382 iBGaif ' •

I.

'

PUBLIC LAW 100-204—DEC. 22, 1987

(i) its national public radio and television sector, or (ii) its private radio and television sector, to the tstrnfi 3( extent that such procurement or project is, in whole or in part, funded or otherwise under the control of a srfj -m government agency or authority; or (C) the Secretary of Commerce certifies (in advance of the award of the contract for that project) to the Director of the United States Information Agency that the foreign bidder is not receiving any direct subsidy from any government, the effect of which would be to disadvantage the competitive position of United States persons who also bid on the project; or (D) the statutes of a host foreign country prohibit the use of United States contractors on such projects within that

country. (2) An exception under paragraph (1)(D) shall only become effective with respect to a foreign country 30 days after the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate what specific actions the Secretary has taken to urge the foreign country to permit the use of United States contractors on such projects. (d) DEFINITIONS.—For purposes of this section— (1) the term "United States person" means a person that— (A) is incorporated or otherwise legally organized under the laws of the United States, including any State (and any political subdivision thereof) and the District of Columbia; (B) has its principal place of business in the United States; (C) has been incorporated or otherwise legally organized in the United States for more than 5 years before the issuance date of the Invitation For Bids or the Request For Proposals with respect to a modernization project under subsection (b);

(D) has proven, as indicated by prior contracting experience, to possess the technical, managerial, and financial capability to successfully complete a project similar in nature and technical complexity to that being contracted for; (E)(i) employs United States citizens in at least 80 percent of its principal management positions in the United States; (ii) employs United States citizens in more than half of its permanent, full-time positions in the United States; and (iii) will employ United States citizens in at least 80 percent of the supervisory positions on the modernization it J V project site; and f (F) has the existing technical and financial resources in the United States to perform the contract; and (2) the term "qualified United States joint venture person" means a joint venture in which a United States person or persons own at least 51 percent of the assets of the joint venture. (e) EFFECTIVE DATE.—The provisions of this section shall apply to any project with respect to which the Request For Proposals (commonly referred to as "RFP") or the Invitation For Bids (commonly referred to as "IFB") was issued after December 28, 1986.

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101 STAT. 1383

TITLE V—THE BOARD FOR INTERNATIONAL BROADCASTING SEC. 501. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF FUNDS. (a) AUTHORIZATION OF APPROPRIATIONS.—Section 8(a)(l)(A) of

the

Board for International Broadcasting Act of 1973 (22 U.S.C. 2877) is amended to read as follows: "(A) $186,000,000 for fiscal year 1988 and $207,424,000 for fiscal year 1989; and". 0)) ALLOCATION OF FUNDS.—Of the funds authorized to be appropriated by section 8(a)(l)(A) of the Board for International Broadcasting Act of 1973, $12,000,000 for the fiscal year 1988 and $12,000,000 for the fiscal year 1989 shall be available only for radio transmitter construction and modernization. SEC. 502. RESERVE FOR OFFSETTING DOWNWARD FLUCTUATIONS IN OVERSEAS RATES.

Section 8flt)) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(b)) is amended by inserting after "RFE/RL, Incorporated," the following: "shall be certified to the Congress by the Director of the Office of Management and Budget and placed in reserve in a separate account in the Treasury only for the purpose of offsetting future downward fluctuations in foreign currency exchange rates in order to maintain the level of operations authorized for each fisced year. Any such amount". SEC. 503. CERTIFICATION OF CERTAIN CREDITABLE SERVICE.

The third to last sentence of section 8332(b) of title 5, United States Code, is amended by inserting ", and the Secretary of State with respect to the Asia Foundation and the Secretary of Defense with respect to the Armed Forces Network, Europe (AFN-E)," after "Board for International Broadcasting".

TITLE VI—ASIA FOUNDATION SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

Section 404 of the Asia Foundation Act (22 U.S.C. 4401 et seq.) is amended to read as follows: "SEC. 404. FUNDING.

22 USC 4403.

"There is authorized to be appropriated to the Secretary of State $13,700,000 for the fiscal year 1988 and $15,000,000 for the fiscal year 1989 for grants to the Asia Foundation pursuant to this title.".

TITLE VII—INTERNATIONAL ORGANIZATIONS PART A—UNITED NATIONS SEC. 701. PROBABLE EXEMPTIONS TO THE UNITED NATIONS EMPLOYEE HIRING FREEZE.

(a) FINDINGS.—The Congress makes the following findings:

Union of Soviet Socialist Republics.

22 USC 287e note.

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 101 STAT. 1384

District of Columbia. California.

Contracts.

Contracts.

PUBLIC LAW 100-204—DEC. 22, 1987 (1) In April 1986, the Secretary-General of the United Nations adopted a freeze on the hiring of personnel within the United Nations Secretariat. (2) The conditions of the freeze were such that, as the terms of office for the personnel expired, replacements would not be recruited or hired to fill the vacant positions, with minor exceptions. (3) The freeze was designed to reduce United Nations personnel by 15 percent over three years, as recommended by the Group of High-Level Intergovernmental Experts to Review the Efficiency of the Administrative and Financial Functioning of the United Nations (commonly referred to as the "Group of 18 Experts"). (4) On May 5, 1987, the Secretary-General reported to the Department of State that he was considering granting 156 exceptions to the hiring freeze. (5) Of these 156 probable exceptions, 104 would be Soviet and Soviet-bloc nationals currently employed in the United Nations Secretariat—of 298 Soviet and Soviet-bloc nationals currently employed in the United Nations Secretariat—who would be replaced over the next 18 months. (6) According to a report from the Select Committee on Intelligence of the Senate on "Soviet Presence in the United Nations Secretariat" (Senate Print 99-52, May 1985), approximately onefourth of the Soviets in the United Nations Secretariat are intelligence officers, many more are co-opted by the Soviet intelligence agencies, and all Soviets in the United Nations Secretariat must respond to KGB requests for assistance. (7) Other United States intelligence authorities estimate that as many as one-half of the Soviet and Soviet-bloc nationals in the United Nations Secretariat are officers of the KGB or the GRU. (8) If the Secretary-General's probable exemptions are adopted, the Soviet Union will be allowed to replace retiring Soviet and Soviet-bloc personnel with new, highly skilled and well-trained intelligence officers of the KGB or the GRU. (9) The Secretary-General's proposed exceptions would thus provide the Soviet Union with the capability to rebuild its intelligence apparatus within the United States, which was devastated in recent years when the United States ordered severe reductions in the size of the Soviet mission to the United Nations, the Soviet Embassy in Washington, District of Columbia, and the Soviet Consulate in San Francisco, California. (10) Article 100 of the United Nations Charter calls for the establishment of an international civil service whose members are neutral and loyal only to the United Nations. (11) Section 3 of Article 101 of the United Nations Charter calls for the appointment of individuals who are professionally qualified for the positions they are to fill and maintains that due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible. (12) As of September 1985, 442 of 446 Soviet nationals employed throughout the United Nations system are "seconded", that is, serve on short, fixed-term contracts. (13) Through the abuse of short, fixed-term contracts, the Soviet Union has maintained undue influence and control over major offices of the United Nations Secretariat, thereby effec-

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101 STAT. 1385

lively using the United Nations Secretariat in the conduct of its foreign relations, in clear violation of Articles 100 and 101 of the United Nations Charter. (14) The Secretary-General's proposed exceptions to the hiring freeze (as described in paragraphs (1) through (5)) would continue the gross violations of Articles 100 and 101 of the United Nations Charter described in paragraph (13). (15) The Secretary-General's proposed exceptions to such hiring freeze would be clearly inconsistent with the terms of the United Nation's self-imposed reform program. (16) The United Nations has not yet achieved its reform goals and there is no indication that the United Nations can afford to make such large exceptions to such hiring freeze. (b) REPORT TO CONGRESS.—(1) The Secretary of State shall report to the Congress not later than 90 days after the date of enactment of this Act and annually thereafter as to the status of secondment within the United Nations by the Soviet Union and Soviet-bloc member-nations. (2) Such report shall contain as a minimum, a thorough analysis of the following issues: (A) The number of Soviet and Soviet-bloc nationals who are currently seconded to the United Nations system on short, fixed-term contracts in New York, Geneva, Vienna, and Nairobi, and the percentage such number is to the total number of Soviet and Soviet-bloc nationals so seconded. - (B) The number of Soviet and Soviet-bloc nationals who are currently employed in the United States system, on long-term contracts. (C) The measures undertaken by the United States to persuade the United Nations Secretariat to enforce the provisions of the United Nations Charter which specifically govern the behavior and activities of United Nations employees, especially Articles 100 and 101. (D) The measures undertaken by the United States either through bilateral or multilateral channels with the Soviet Union and other members of the Soviet-bloc to end their abuse of secondment. (E) The measures undertaken by the United States to challenge Soviet and Soviet-bloc nationals' credentials and to deny them entry visas, in order to keep Soviet and Soviet-bloc intelligence operatives out of the United States and United Nations. (F) The counterintelligence efforts undertaken by the United States to protect United States national security from hostile intelligence activities directed against the United States by Soviet and Soviet-bloc intelligence operatives employed by the United Nations. (c) SENSE OF THE CONGRESS.—It is the sense of the Congress that— (1) the President should take all such actions necessary to ensure compliance with the hiring freeze rule, including withholding all assessed United States contributions to the United Nations, and denying United States entry visas to Soviet and Soviet-bloc applicants coming to the United States to replace Soviet and Soviet-bloc nationals currently serving in the United Nations Secretariat; (2) the President, through the Department of State and the United States mission to the United Nations, should express to the Secretary-General of the United Nations the insistence of

Contracts. New York. Switzerland. Austria. Kenya. Contracts.

Espionage.

Espionage.

President of U.S.

President of U.S.

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 101 STAT. 1386

PUBLIC LAW 100-204—DEC. 22, 1987

the American people that the hiring freeze continue indefi^ nitely, or until the United Nations has complied with the Group of 18 recommendations and can thus afford to make exceptions to the freeze; ' (3) the Secretary-General should revoke all exceptions to the hiring freeze rule, excepting those member-nations which have 15 or fewer nationals serving in the United Nations Secretariat, J or those positions not subject to geographical representation, such as those of the general service category; (4) the long-term, flagrant violations of Articles 100 and 101 of J. the United Nations Charter and the abuse of secondment by the 4 Soviet Union and Soviet-bloc member-nations are reprehensible; Contracts. (5) the United Nations should adopt the recommendations of member-nation be allowed to have more than 50 percent of its nationals employed under fixed-term contracts; o-y-.- (6) the Soviet Union is hereby condemned for— (A) its refusal to adhere to the principles of the United ms^U Nations Charter calling for an international civil service, (B) its abuse of secondment, and / > ti (C) its absolute disregard of the solemn purpose of the United Nations to be an international civil service; and (7) if the Soviet Union and the Soviet-bloc intend to remain member-nations of the United Nations, they should adhere to .":.". Articles 100, 101, and all other principles of the United Nations "' Charter to which every other member-nation must adhere. (d) DEFINITION.—For the purposes of this section, the term "Soviet-bloc" means the countries of Bulgaria, Cuba, Czechoslovakia, East Germany, Hungary, Nicaragua, North Korea, Poland, and Romania. SEC. 702. REFORM IN THE BUDGET DECISION-MAKING PROCEDURES OF THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES.
 * the Group of 18 (as referred to in subsection (a)(3)) that no

, J

.,;,,„...,

(a) FINDINGS.—The Congress finds that the consensus based decision-making procedure established by General Assembly Resolution 41/213 is a significant step toward complying with the intent of section 143 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 287e note; 99 Stat. 405), as in effect before the date of enactment of this Act. (b) REFORM.—Section 143 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 287e note; 99 Stat. 405), is amended to read as follows: "SEC. 143. REFORM IN BUDGET DECISION-MAKING PROCEDURES OF THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES. "(a)

M

n<»ys

FINANCIAL

RESPONSIBILITY IN

BUDGET

PROCEDURES.—To

achieve greater financial responsibility in preparation of the assessed budgets of the United Nations and its specialized agencies, the President should continue vigorous efforts to secure implementation by the United Nations, and adoption and implementation by its specialized agencies, of decision-making procedures on budgetary matters which assures that sufficient attention is paid to the views of the United States and other member states who are major financial contributors to such assessed budgets. "(b) LIMITATION ON ASSESSED CONTRIBUTIONS.—

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1387

"(1) With respect to United States assessed contributions to the United Nations for each calendar year beginning with calendar year 1987— "(A) 40 percent of the United States assessed contributions may be paid beginning on October 1 of such calendar year; "(B) 40 percent of the United States assessed contributions may be paid when the President has determined and so reported to the Congress that— "(i) the consensus based decision-making procedure established by General Assembly Resolution 41/213 is being implemented and its results respected by the General Assembly; "(ii) progress is being made toward the 50 percent limitation on seconded employees of the Secretariat as called for by the Group of High Level Intergovernmental Experts to Review the Efficiency of the Administrative and Financial Functioning of the United Nations (Group of 18); and "(iii) the 15 percent reduction in the staff of the Secretariat (recommendations 55 and 57 of the Group of 18) is being implemented and that such reduction is being equitably applied among the nationals on such staff; and "(C) 20 percent of the United States assessed contributions may be paid beginning on a date which is 30 days after receipt by the Congress of the report described in subparagraph (B) unless the Congress within such 30-day period enacts, in accordance with subsection (c), a joint resolution prohibiting the payment of the remaining 20 percent of such funds. "(2) In the case that the amount appropriated for United States assessed contributions to the United Nations for a calendar year is less than the full amount of such United States assessed contributions for that year, the final one-fifth of the amount appropriated may only be paid— "(A) after the President has made the determinations and report specified in paragraph (1)(B); and "(B) beginning on a date which is 30 days after receipt by the Congress of the report referred to in subparagraph (A) unless the Congress within such 30-day period enacts, in accordance with subsection (c), a joint resolution prohibiting the payment of the remaining one-fifth of such funds. "(3) For each calendar year beginning with calendar year 1987, no payment may be made of an assessed contribution by the United States to any of the specialized agencies of the United Nations if such payment would cause the United States share of the total assessed budget for such agency to exceed 20 percent in any calendar year unless the President determines and so reports to the Congress that such agency has made substantial progress toward the adoption and implementation of decision-making procedures on budgetary matters in a manner that substantially achieves the greater financial responsibility referred to in subsection (a). "(4) Subject to the availability of appropriations, when the presidential determinations referred to in paragraphs (1)(B), (2), and (3) have been made, payment of assessed contributions for

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PUBLIC LAW 100-204—DEC. 22, 1987 prior years may be made to the United Nations or its specialized agencies (as the case may be) without regard to the contribution hmitation contained in this section prior to its being amended by the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989. "(c) DEFINITION AND PROCEDURES.—

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"(1)(A) The provisions of this subsection shall apply to the introduction and consideration in the Senate of a joint resolution described in subsections (b)(1)(C) and (b)(2). "(B) For purposes of this subsection, the term 'joint resolution' means only a joint resolution introduced within 3 days after the date on which the report of the President described in subsection (b)(1)(B) is received by Congress, the matter after the resolving clause of which is as follows: 'That the payment to the United Nations of those contributions described in section 143(b)(1)(C) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, is prohibited'. "(2) A joint resolution introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. Such a joint resolution may not be reported before the 8th day after its introduction. "(3) If the committee to which is referred a joint resolution has not reported such joint resolution (or an identical joint resolution) at the end of 15 days after its introduction, such committee shall be deemed to be discharged from further consideration of such joint resolution and such joint resolution shall be placed on the appropriate calendar of the Senate, "(4)(A) When the committee to which a joint resolution is referred has reported, or has been deemed to be discharged (under paragraph (3)) from further consideration of, a joint resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the Senate to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. "(B) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate is in order and not debatable. An amendment to or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. "(C) Immediately following the conclusion of the debate on a joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1389

Senate, the vote on final passage of the joint resolution shall occur. "(D) Appeals from the decisions of the Chair relating to the application of the Rules of the Senate to the procedure relating to a joint resolution shall be decided without debate. "(5) If, before the passage by the Senate of a joint resolution of the Senate, the Senate receives from the House of Representatives a joint resolution, then the following procedures shall apply: "(A) The joint resolution of the House of Representatives shall not be referred to a committee. "(B) With respect to a joint resolution of the Senate— -<•''* "(i) the procedure in the Senate shall be the same as if no joint resolution had been received from the House 4.,/ of Representatives; but "(ii) the vote on final passage shall be on the joint resolution of the House of Representatives. "(6) This subsection is enacted by the Congress— "(A) as an exercise of rulemaking power of the Senate, and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in the Senate in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and "(B) with full recognition of the constitutional right of the .1,, Senate to change the rules (so far as relating to the procedure of the Senate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate.". (c) CONFORMING AMENDMENT.—The table of contents in section 1 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 287e note; 99 Stat. 405) is amended by striking out the item relating to section 143 and inserting in lieu thereof the following: "Sec. 143. Reform in the budget decision-making procedures of the United Nations and its specialized agencies.". (d) TERMINATION DATE.—This section shall terminate on Septem-

ber 30, 1989.

22 USC 287e note.

SEC. 703. HOUSING ALLOWANCES OF INTERNATIONAL CIVIL SERVANTS. (a) UNITED STATES POLICY.—It is the policy of the United States to

seek the implementation by the United Nations of the recommendation by the International Civil Service Commission to deduct from the pay (commonly referred to as a "rental deduction") of an international civil servant the amount of any housing allowance or payment which is provided by any member state to that international civil servant, in accordance with Article 100 of the Charter of the United Nations and regulations thereunder. (b) UNITED STATES AMBASSADOR TO THE UNITED NATIONS.—The

United States Ambassador to the United Nations shall seek to promote the adoption of the recommendation described in subsection (a). SEC. 704. UNITED STATES PARTICIPATION IN THE UNITED NATIONS IF ISRAEL IS ILLEGALLY EXPELLED.

(a) GENERAL RULE.—The first sentence of section 115(b) of the 22 USC 287 note. Department of State Authorization Act, Fiscal Years 1984 and 1985

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 101 STAT. 1390 22 USC 287 note,

PUBLIC LAW 100-204—DEC. 22, 1987

is amended to read as follows: "If Israel is illegally expelled, suspended, denied its credentials, or in any other manner denied its right to participate in any principal or subsidiary organ or in any specialized, technical, or other agency of the United Nations, the United States shall suspend its participation in any such organ or agency until the illegal action is reversed.". (b) RULE OF CONSTRUCTION.—Such section is further amended by adding at the end thereof the following: "Nothing in this section may be construed to diminish or to affect United States participation in the United Nations Security Council or the Safeguards Program of the International Atomic Energy Agency.". SEC. 705. UNITED NATIONS PROJECTS WHOSE PRIMARY PURPOSE IS TO BENEFIT THE PALESTINE LIBERATION ORGANIZATION.

Section 114(a) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (22 U.S.C. 287e note) is amended— (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (2) by inserting the following new paragraph (3) after paragraph (2): "(3) 25 percent of the amount budgeted for that year for the Special Committee to Investigate Israeli Practices Affecting the ' Human Rights of the Population of the Occupied Territories (or any similar successor entity);". SEC. 706. PUBLIC ACCESS TO UNITED NATIONS WAR CRIMES COMMISSION FILES.

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(a) FINDINGS.—The Congress finds that— (1) with the passing of time, it is important to document fully Nazi war crimes and crimes against humanity, lest the enormity of those crimes be forgotten; and (2) the files of the United Nations War Crimes Commission deposited in the archives of the United Nations contain information valuable to our knowledge of the genocidal actions of the Nazis. (b) POLICY.—It is the sense of the Congress that United States policy should be to support access by interested individuals and organizations to the files of the United Nations War Crimes Commission deposited in the archives of the United Nations. SEC. 707. REPORT ON POLICIES PURSUED BY OTHER COUNTRIES IN INTERNATIONAL ORGANIZATIONS.

The last sentence of section 117 of the Department of State 22 USC 287b Authorization Act, Fiscal Years 1984 and 1985, is amended by '^°*®inserting before the period the following: ", together with the amount and type of foreign assistance (if any) made available by the United States for the preceding fiscal year to each such country under the Foreign Assistance Act of 1961, the Arms Export Control Act, the Export-Import Bank Act of 1945, and the Peace Corps Act". SEC. 708. PROTECTION OF TYRE BY THE UNITED NATIONS INTERIM FORCE IN LEBANON. (a) FINDINGS.—The Congress finds that— Mon V^' ''MU 2: (1) the archaeological site of the ancient city of Tyre is an important part of the heritage of the people of Lebanon and of people everywhere;

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101 STAT. 1391

(2) war and civil strife threaten the survival of the archaeological site at Tyre; (3) the purchase of artifacts from Tyre, including purchases allegedly made by troops of the United Nations Interim Force in Lebanon (UNIFIL), is encouraging illegal excavation and looting of the Tyre site; and (4) the United Nations Interim Force in Lebanon (UNIFIL) could best protect the archaeological site of Tyre so as to preserve this treasure for future generations. (b) EXTENSION OF MANDATE OF UNIFIL.—The Secretary of State should request the Secretary General of the United Nations and the Security Council to extend the mandate of the United Nations Interim Force in Lebanon (UNIFIL) to include protection of the archaeological site of the ancient city of Tyre. The Secretary of State is directed to seek an order prohibiting the purchase of any artifact from Tyre by any person associated with the United Nations. (c) REPORTING REQUIREMENT.—Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, for as long as the United Nations Interim Force in Lebanon remains in Lebanon, the Secretary of State shall report in writing 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 progress made in implementing this section.

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PART B—UNITED STATES COMMISSION ON IMPROVING THE EFFECTIVENESS OF THE UNITED NATIONS SEC. 721. ESTABLISHMENT OF COMMISSION.

22 USC 287 note.

The United States Commission on Improving the Effectiveness of the United Nations (hereafter in this part referred to as the "Commission") is hereby established. SEC. 722. PURPOSES OF THE COMMISSION.

22 USC 287 note.

(a) PURPOSES.—The purposes of the Commission shall be to— (1) examine the United Nations system as a whole and identify and evaluate its strengths and weaknesses; and (2) prepare and submit to the President and to the Congress recommendations on ways to improve the effectiveness of the United Nations system and the role of the United States in the United Nations system, including the feasibility of and means for implementing such recommendations. (b) CONSULTATION REGARDING OTHER UNITED NATIONS REFORM

EFFORTS.—In carrying out this section, the Commission shall make every effort to consult, where appropriate, with other public and private institutions and organizations engaged in efforts to reform the United Nations system, including efforts being made directly under the auspices of the United Nations. SEC. 723. MEMBERSHIP OF THE COMMISSION. (a) MEMBERS.— (1) NUMBER AND APPOINTMENT.—The

Commission shall be composed of 16 members, appointed as follows: (A) Two Members of the Senate, one appointed by the President pro tempore of the Senate and one appointed by the Minority Leader of the Senate.

22 USC 287 note.

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PUBLIC LAW 100-204—DEC. 22, 1987

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(B) Two Members of the House of Representatives, one appointed by the Speaker of the House and one appointed by the Minority Leader of the House. (C) Eight individuals from the private sector, two appointed by the President pro tempore of the Senate, two appointed by the Minority Leader of the Senate, two appointed by the Speaker of the House, and two appointed by the Minority Leader of the House. (D) Four individuals appointed by the President, not more than two of whom may be from the same political party. (2) CRITERION FOR APPOiNTME>rrs.—Individuals appointed pursuant to subparagraphs (C) and (D) of paragraph (1) shall be representative, to the maximum extent possible, of the full range of American society. (3) APPOINTMENTS TO BE MADE PROMPTLY.—All appointments

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pursuant to paragraph (1) shall be made not later than 60 days after the effective date of this part. (4) VACANCIES.—Any vaceincy in the membership of the Commission shall be filled in the same manner as the original appointment was made. 0)) ADVISORS.—Former United States Permanent Representatives to the United Nations who are not appointed to the Commission shall be invited by the Commission to serve as advisors to the Commission. (c) COMPENSATION AND TRAVEL EXPENSES.— (1) COMPENSATION IN GENERAL.—Except as provided in para-

22 USC 287 note.

graph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the (2) GOVERNMENT PERSONNEL.—Members of the Commission who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (3) TRAVEL EXPENSES.—While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission, and Advisors serving pursuant to subsection (b), shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 570303) of title 5, United States Code. (d) CHAIRMAN AND VICE CHAIRMAN.—The Chairman and Vice Chairman shall be elected by the Commission from among members of the Commission. (e) QUORUM.—Nine members of the Commission shall constitute a quorum for purposes of transacting business, except that four members shall constitute a quorum for holding public hearings. SEC. 724. POWERS OF THE COMMISSION.
 * duties of the Commission.

(a) IN GENERAL.—For the purpose of carrying out this part, the Commission may hold such hearings (subject to the requirements of subsection (b)) and sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to fulfill the purposes specified in section 722,

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 PUBLIC LAW 100-204—DEC. 22, 1987 (b) MEETINGS.— (1) MINIMUM NUMBER OF PUBLIC HEARINGS.—The

101 STAT. 1393 Commission

shall hold a minimum of five public hearings. (2) OPEN MEETINGS.—Section 552b of title 5 of the United States Code shall apply with respect to the Commission. (3) CALUNG MEETINGS.—The Commission shall meet at the call of the Chairman or a majority of its members. (c) DELEGATION OF AUTHORITY.—When so authorized by the majority of the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (d) INFORMATION FROM FEDERAL AGENCIES.—The Commission may secure directly from any Federal agency information necessary to enable it to carry out this part. Upon request of the Chairman of the Commission, the head of any such Federal agency shall furnish such information to the Commission, to the extent authorized by law; except that the head of any Federal s^ency to which a request for information is provided pursuant to this subsection may deny access to such information, or make access subject to such terms and conditions as the head of that agency may prescribe, on the basis that the information in question is classined and the Commission does not have adequate procedures to safeguard the information in question, or that the Commission does not have a need to know the classified information. In addition, a Federal agency may not provide the Commission with information that could disclose intelligence sources or methods without first securing the approval of the Director of Central Intelligence. The head of any such Federal agency may provide information on a reimbursable basis. SEC. 725. STAFF.

(a) STAFF MEMBERS AND CONSULTANTS.—Subject to such rules as may be adopted by the Commission, the Chairman of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classifications and General Schedule pay rates, may— (1) appoint a Director who shall be paid at a rate not to exceed the rate of basic pay in effect for Level V of the Executive Schedule under section 5316 of title 5, United States Code; (2) appoint and fix the compensation of such other staff personnel as the Chairman considers necessary; and (3) procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. (b) DETAIUNG OF GOVERNMENT PERSONNEL.—Upon request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of that agency to the Commission to assist it in carrying out this part. SEC. 726. REPORT.

The Commission shall transmit to the President and to the Congress a report containing a detailed statement of the findings, conclusions, and recommendations of the Commission, including minority views. This report shall be transmitted not later than 18 months after the date on which all members of the Commission have been appointed.

Classified information.

22 USC 287 note.

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 101 STAT. 1394 22 USC 287 note.

PUBLIC LAW 100-204—DEC. 22, 1987

SEC. 727. FUNDING FOR THE COMMISSION.

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(a) COMMISSION TO B E PRIVATELY FUNDED.—The Commission may accept and use contributions from private United States sources to carry out this part. No Federal funds may be made available to the Commission for use in carrying out this part. (b) LIMITATION ON SIZE OF CONTRIBUTIONS.—The Commission may not accept contributions from any single source which have a value of more than— (1) $100,000, or (2) 20 percent of the total of all contributions accepted by the Commission. (c)

COMMISSION APPROVAL OF CERTAIN

CONTRIBUTIONS.—The

Commission may accept contributions having a value of $1,000 or more from a single source only if more than two-thirds of the members of the Commission have approved the acceptance of those contributions. (d) DISCLOSURE OF CONTRIBUTIONS.— (1) PERIODIC REPORTS TO CONGRESS.—Every

30 days, the Commission shall submit to the chairman of the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate, a list of the source and amount of each contribution accepted by the Commission during the preceding 30 days. (2) FINAL REPORT.—The source and amount of each contribution accepted by the Commission shall be listed in the report submitted pursuant to section 726.

(e) LIMITATION ON OBLIGATIONS AND EXPENDITURES.—Notwith-

standing subsection (a), the limitations on expenditures and obligations in section 1341 of title 31, United States Code, shall apply to the Commission. 22 USC 287 note.

SEC. 728. GENERAL ACCOUNTING OFFICE AUDITS OF THE COMMISSION.

The provisions of subchapter II of chapter 7 of title 31 of the United States Code (relating to the general duties and powers of the General Accounting Office) shall apply with respect to the programs and activities of the Commission, including the receipt, disbursement, and use of funds contributed to the Commission, to the same extent as those provisions apply with respect to other agencies of the United States Government. 22 USC 287 note.

SEC. 729. TERMINATION OF THE COMMISSION.

The Commission shall cease to exist 60 days after submitting its report pursuant to section 726. 22 USC 287 note.

SEC. 730. EFFECTIVE DATE.

This part shall take effect on March 1, 1989.

PART C—OTHER INTERNATIONAL ORGANIZATIONS 22 USC 288h.

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SEC. 741. PRIVILEGES AND IMMUNITIES TO OFFICES OF MISSION TO THE UNITED STATES OF THE COMMISSION OF THE EUROPEAN COMMUNITIES.

The Act entitled "An Act to extend diplomatic privileges and immunities to the Mission to the United States of America of the Commission of the European Communities and the members

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101 STAT. 1395

thereof, approved October 18, 1972 (86 Stat. 815), is amended by 22 USC 288h. adding at the end the following: "Under such terms and conditions President of U.S. as the President may determine, the President is authorized to extend to other offices of the Commission of the European Communities which are established in the United States, and to members thereof— "(1) the privileges and immunities described in the preceding sentence; or "(2) as appropriate for the functioning of a particular office, privileges and immunities, equivalent to those accorded consular premises, consular officers, and consular employees, pursuant to the Vienna Convention on Consular Relations.". SEC. 742. CONTRIBUTION TO THE REGULAR BUDGET OF THE INTER- Israel. NATIONAL COMMITTEE OF THE RED CROSS AND SENSE OF CONGRESS CONCERNING RECOGNITION OF RED SHIELD OF DAVID.

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(a) UNITED STATES CONTRIBUTION.—Pursuant to the provisions of section 109 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, the Secretary of State shall make an annual contribution to the regular budget of the International Committee of the Red Cross of an amount which is not less than 10 percent of its regular budget. Such contribution may be made from the funds authorized to be appropriated by section 104 for "Migration and Refugee Assistance". (b) LIMITATION ON CONTRIBUTIONS.—Notwithstanding subsection (a), for fiscal year 1988, the United States contribution to the regular budget of the International Committee of the Red Cross shall not exceed nor be less than the amount contributed by the United States to the regular budget of the International Committee of the Red Cross in fiscal year 1987. (c) RECOGNITION OF THE RED SHIELD OF DAVID.—It is the sense of the Congress that a diplomatic conference of governments should grant identical status of recognition to the Red Shield of David (Magen David Adorn) as that granted to the Red Cross and the Red Crescent and that the Red Shield of David Society of Israel should be accepted as a full member of the League of Red Cross Societies and the quadrennial International Conferences of the Red Cross. SEC. 743. IMMUNITIES FOR THE INTERNATIONAL COMMITTEE OF THE RED CROSS.

The International Organizations Immunities Act is amended by inserting after section 12 (22 U.S.C. 288f-2) the following new section: "SEC. 13. The International Committee of the Red Cross, in view of 22 USC 288f-3. its unique status eis an impartial humanitarian body named in the Geneva Conventions of 1949 and assisting in their implementation, shall be considered to be an international organization for the purposes of this title and may be extended the provisions of this title in the same manner, to the same extent, and subject to the same conditions, as such provisions may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.".

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