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Page:United States Statutes at Large Volume 101 Part 3.djvu/38

 101 STAT. 1336

PUBLIC LAW 100-204—DEC. 22, 1987

of Foreign Affairs" for the Department of State to carry out the diplomatic security program: (1) For "Salaries and Expenses", $350,000,000 for the fiscal year 1988 and $357,000,000 for the fiscal year 1989. (2) For "Protection of Foreign Missions and Officials", $9,100,000 for the fiscal year 1988 and $9,282,000 for the fiscal year 1989. (c) DIPLOMATIC SECURITY PROGRAM CAPITAL CONSTRUCTION.—Sec-

tion 401(a)(3) of the Diplomatic Security Act (22 U.S.C. 4851(a)(3)) is amended by adding at the end thereof "Authorizations of appropriations under this paragraph shall remain available until the appropriations are made.". SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND CONFERENCES; INTERNATIONAL PEACEKEEPING ACTIVITIES.

(a) INTERNATIONAL ORGANIZATIONS.—There are authorized to be appropriated to the Department of State under "Contributions to International Organizations", $571,000,000 for the fiscal year 1988 and $582,420,000 for the fiscal year 1989 in order to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations, of which amount— (1) $193,188,000 for the fiscal year 1988 and $193,188,000 for ? the fiscal year 1989 shall be available only for the United States assessed contribution to the United Nations; (2) $63,857,000 for the fiscal year 1988 and $63,857,000 for the fiscal year 1989 shall be available only for the United States assessed contribution to the World Health Organization; (3) $31,443,000 for the fiscal year 1988 and $31,443,000 for the fiscal year 1989 shall be available only for the United States assessed contribution to the International Atomic Energy Agency; (4) $44,915,000 for the fiscal year 1988 and $44,915,000 for the fiscal year 1989 shall be available only for the United States assessed contribution to the Organization of American States; (5) $38,659,000 for the fiscal year 1988 and $38,659,000 for the fiscal year 1989 shall be available only for the United States assessed contribution to the Pan-American Health Organization; (6) $7,849,000 for the fiscal year 1988 and $7,849,000 for the fiscal year 1989 shall be available only for the United States assessed contribution to the International Civil Aviation Organization; (7) $645,000 for the fiscal year 1988 and $645,000 for the fiscal year 1989 shall be available only for the United States assessed contribution to the International Maritime Organization; (8) $4,471,000 for the fiscal year 1988 and $4,471,000 for the assessed contribution to the International Telecommunication Union; 3 (9) $25,110,000 for the fiscal year 1988 and $25,110,000 for the fiscal year 1989 shall be available only for the United ^ States assessed contribution to the North Atlantic Treaty ^ Organization; (10) $29,385,000 for the fiscal year 1988 and $29,385,000 for the fiscal year 1989 shall be available only for the United States
 * fiscal year 1989 shall be available only for the United States

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Page:United States Statutes at Large Volume 101 Part 3.djvu/39

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1337

assessed contribution to the Organization for Economic Cooperation and Development; and (11) $388,000 for the fiscal year 1988 and $388,000 for the fiscal year 1989 shall be available only for the United States assessed contribution to the International Wheat Council. OD) INTERNATIONAL PEACEKEEPING ACTIVITIES.—There are

au-

thorized to be appropriated to the Department of State under "Contributions to International Peacekeeping Activities", $29,400,000 for fiscal year 1988 and $29,988,000 for the fiscal year 1989 in order to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international peacekeeping activities. (c) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—There are

authorized to be appropriated to the Department of State under "International Conferences and Contingencies", $6,000,000 for fiscal year 1988 and $6,120,000 for the fiscal year 1989 in order to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international conferences and contingencies, of which amount such funds as may be necessary shall be available for the expense of hosting the 1987 General Assembly of the Organization of American States. SEC. 103. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to be appropriated under "International Commissions" for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international commissions: (1) For "International Boundary and Water Commission, United States and Mexico", $14,700,000 for the fiscal year 1988 and $14,994,000 for the fiscal year 1989. (2) For "International Boundary Commission, United States and Canada", $721,000 for the fiscal year 1988 and $735,000 for the fiscal year 1989. (3) For "International Joint Commission", $2,979,000 for the fiscal year 1988 and $3,039,000 for the fiscal year 1989. (4) For "International Fisheries Commissions", $10,800,000 for the fiscal year 1988 and $11,016,000 for the fiscal year 1989. SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Department of State under "Migration and Refugee Assistance", $336,750,000 for the fiscal year 1988 and $343,485,000 for the fiscal year 1989 in order to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to migration and refugee assistance. (b) ALLOCATION OF FUNDS.—Of the amounts authorized to be appropriated by subsection (a)— (1) $25,000,000 for the fiscal year 1988 and $25,000,000 for the fiscal year 1989 shall be available only for assistance for refugees resettling in Israel; and (2) $5,000,000 for the fiscal year 1988 and $5,000,000 for the fiscal year 1989 shall be available only for the United Nations High Commissioner for Refugees and other international relief organizations for the protection of, and improvements in edu-

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 101 Part 3.djvu/40

 101 STAT. 1338

PUBLIC LAW 100-204—DEC. 22, 1987 cational, nutritional, and medical assistance for, the Indochinese refugees in Thailand, of which $1,000,000 for the fiscal year 1988 and $1,000,000 for the fiscal year 1989 shall be used only for such educational purposes.

SEC. 105. OTHER PROGRAMS.

There are authorized to be appropriated to the Department of State for the following programs: (1) "Bilateral Science and Technology Agreements", $1,900,000 for the fiscal year 1988 and $1,938,000 for the fiscal year 1989. (2) "Soviet-East European Research and Training", $4,600,000 for the fiscal year 1988 and $5,000,000 for the fiscal year 1989. SEC. 106. REDUCTION IN EARMARKS IF APPROPRIATIONS ARE LESS THAN AUTHORIZATIONS.

If the amount appropriated for a fiscal year pursuant to any authorization of appropriations provided by this Act is less than the authorization amount and a provision of this Act provides that a specified amount of the authorization amount shall be available only for a certain purpose, then the amount so specified shall be deemed to be reduced for that fiscal year to the amount which bears the same ratio to the specified amount as the amount appropriated bears to the authorization amount. SEC. 107. TRANSFER OF FUNDS. (a) TRANSFERS FOR SALARIES AND EXPENSES.—The Secretary of

State may transfer, without regard to section 1502 of title 31, United States Code, to the "Salaries and Expenses" account of the Department of State amounts appropriated for any fiscal year prior to fiscal year 1989 under "Acquisition and Maintenance of Buildings Abroad" which are allocated for capital programs. Any transfer under this subsection shall be treated as a reprogramming for purposes of section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706). O> LIMITATIONS.— t)

(1) Subsection (a) shall not apply to amounts appropriated for purposes of the diplomatic security program under section 401(a) of the Diplomatic Security Act (22 U.S.C. 4851). (2) The aggregate of— (A) the amounts transferred under this section for a fiscal year, and (B) the amounts appropriated for "Salaries and Expenses" for that fiscal year, may not exceed the amount authorized to be appropriated for "Salaries and Expenses" for that fiscal year. (3) The authority contained in subsection (a) may be exercised only to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 108. COMPLIANCE WITH PRESIDENTIAL-CONGRESSIONAL SUMMIT AGREEMENT ON DEFICIT REDUCTION.

Notwithstanding the specific authorizations of appropriations contained in this Act, budget authority may not be provided pursuant to those authorizations in an amount which would cause the aggregate amount of discretionary budget authority provided for international affairs (budget function 150) for a fiscal year to exceed the

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1339

amount of discretionary budget authority for international affairs for that fiscal year as specified in laws implementing the agreement between the President and the joint Congressional leadership on November 20, 1987. SEC. 109. PROHIBITION ON USE OF FUNDS FOR POLITICAL PURPOSES.

22 USC 2656

No funds authorized to be appropriated by this Act or by any other Act authorizing funds for any entity engaged in any activity concerning the foreign affairs of the United States shall be used— (1) for publicity or propaganda purposes designed to support or defeat legislation pending before Congress; (2) to influence in any way the outcome of a political election in the United States; or (3) for any publicity or propaganda purposes not authorized by Congress. SEC. 110. LATIN AMERICAN AND CARIBBEAN DATA BASES.

(a) AUTHORIZATION.—The Secretary of State, in consultation with the heads of appropriate departments and agencies of the United States, shall use not less than $1,300,000 of the funds authorized to be appropriated for each of the fiscal years 1988 and 1989 by section 101(a)(1) of this Act to provide for the establishment of a Latin American and Caribbean Data Base. (b) CONDITIONS.—In developing these data bases the Secretary of State shall be required to satisfy the following conditions: (1) Any new agreement for an on-line bibliographic data base entered into for purposes of this section shall be subject to full and open competition or merit review among qualified United States institutions with strong Latin American and Caribbean programs. (2) The Secretary shall ensure that funds are not awarded to maintain services which are significantly duplicative of existing services.

PART B—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN MISSIONS SEC. 121. REPROGRAMMING OF FUNDS APPROPRIATED FOR THE DEPARTMENT OF STATE.

Section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2706) is amended— (1) by inserting "(a)" after "SEC. 34."; and (2) by adding at the end the following: "(b) Funds appropriated for the Department of State may not be available for obligation or expenditure through any reprogramming described in subsection (a) during the period which is the last 15 days in which such funds are available unless notice of such reprogramming is made before such period." SEC. 122. CONSULAR AND DIPLOMATIC POSTS ABROAD. (a) PROHIBITED USES OF FUNDS.— (1) CLOSING POSTS.—No funds

authorized to be appropriated by this or any other Act shall be available to pay any expense related to the closing of any United States consular or diplomatic post abroad. (2)

FUNDING

FOR

BUREAU

OF ADMINISTRATION IF POSTS

CLOSED.—No funds authorized to be appropriated by this Act

22 USC 2656

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 Rh said to him, "Have you anything to say to us, my friend, or what do you want?" Now Heinel had found a friend in a good fairy, that was fond of him, and had told him what to do; for this fairy knew what good luck was in store for him. "Have you brought me what you said you would?" said the dwarf to the merchant. The old man held his tongue, but Heinel said again, "What do you want here?" The dwarf said, "I come to talk with your father, not with you." "You have cheated and taken in my father," said the son; "pray give him up his bond at once." "Fair and softly," said the little old man; "right is right. I have paid my money, and your father has had it, and spent it; so be so good as to let me have what I paid it for." "You must have my consent to that first," said Heinel; "so please to step in here, and let us talk it over." The old man grinned, and showed his teeth, as if he should have been very glad to get into the circle if he could. Then at last, after a long talk, they came to terms. Heinel agreed that his father must give him up, and that so far the dwarf should have his way: but, on the other hand, the fairy had told Heinel what fortune was in store for him, if he followed his own course; and he did not choose to be given up to his hump-backed friend, who seemed so anxious for his company.

So, to make a sort of drawn battle of the matter, it was settled that Heinel should be put into an open boat, that lay on the sea-shore hard by; that the father should push him off with his own hand, and that he should thus be set adrift, and left to the bad or good luck of wind and weather. Then he took leave of his father, and set himself in the boat; but before it got

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Page:United States Statutes at Large Volume 101 Part 3.djvu/42

 101 STAT. 1340

PUBLIC LAW 100-204—DEC. 22, 1987 shall be used to pay for any expense related to the Bureau of Administration of the Department of State (or to carrying out any of its functions) if any United States consular or diplomatic post is closed after January 1, 1987, and is not reopened.

(b) FUNDS FOR OPERATING CERTAIN CONSULATES.—

_^ ^

^

(1) ALLOCATION.—Of the funds authorized to be appropriated by section 101(a)(1) for "Salaries and Expenses", not less than $50,000,000 for each of the fiscal years 1988 and 1989 shall be available only to operate United States consulates in Salzburg, Strasbourg, Goteborg, Lyon, Dusseldorf, Tangier, Genoa, Nice, Porto Alegre, and Maracaibo. (2) EXCESS FUNDS.—Funds allocated by paragraph (1) which are in excess of the amount needed to operate the consulates specified in that paragraph may be used for other purposes under "Administration of Foreign Affairs" if all the specified consulates are open and functioning. (c) EXCEPTIONS.—Subsection (a) does not apply with respect to— (1) any post closed 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) any post closed because of a break or downgrading of diplomatic relations between the United States and the country in which the post is located; (3) any post closed because there is a real and present threat to United States diplomatic or consular personnel in the city where the post is located, and a travel advisory warning against American travel to that city has been issued by the Department of State; (4) any post closed in order to provide funds to open a new consular or diplomatic post which will be staffed by the Department of State on a full-time basis with at least one Foreign Service officer or member of the Senior Foreign Service, if the Secretary of State, prior to the closing of the post, prepares and transmits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report stating that— (A) the new post is a higher priority than the post proposed to be closed; and (B) the total number of consular and diplomatic posts abroad is not less than the number of such posts in existence on January 1, 1987 (excluding the posts exempted under paragraphs (1) through (4)); and (5) the post closed pursuant to section 123. (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 Secretary of State may, as part of an agenc3nvide austerity proposal, submit a report proposing a list of consular 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. (e) DEFINITION.—As used in this section, the term "consular or diplomatic post" does not include a post to which only personnel of agencies other than the Department of State are assigned.

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1341

(f) EFFECTIVE DATE.—Subsection (a) shall take effect 180 days after the date of enactment of this Act. SEC. 123. CLOSING OF DIPLOMATIC AND CONSULAR POSTS IN ANTIGUA AND BARBUDA.

(a) PROHIBITION ON USE OF FUNDS.—None of the funds made available for the Department of State for any fiscal year may be used for the expenses of maintaining a United States diplomatic or consular post in Antigua and Barbuda. 0>) EFFECTIVE DATE.—The prohibition contained in subsection (a) shall take effect 60 days after the date of enactment of this Act unless the President determines that closing this post would not be in the national security interests of the United States and informs 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 of such determination. SEC. 124. REPORT ON EXPENDITURES MADE FROM APPROPRIATION FOR EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE,

22 USC 2656 note.

President of U.S.

22 USC 2680 note.

The Secretary of State shall provide 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 within 30 days after the end of each quarter of the fiscal year a complete report, including amount, payee, and purpose, of all expenditures made from the appropriation for "Emergencies in the Diplomatic and Consular Service" for that quarter. SEC. 125. REQUIREMENTS APPLICABLE TO GIFTS USED FOR REPRESENTATIONAL PURPOSES.

The last sentence of section 2503) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2697(b)) is amended by inserting before the pericJd the following: ", but shall not be expended for representational purposes at United States missions except in accordance with the conditions that apply to appropriated funds". SEC. 126. PROTECTION OF HISTORIC AND ARTISTIC FURNISHINGS OF RECEPTION AREAS OF THE DEPARTMENT OF STATE BUILDING.

Gifts and property.

(a) PROTECTION AND DISPOSITION.—Title I of the State Department Basic Authorities Act of 1956, is amended— (1) by redesignating section 41 as section 42; and (2) by inserting after section 40 the following new section:

22 USC 2651 note.

"SEC.

22 USC 2713.

41. PROTECTION OF HISTORIC AND ARTISTIC FURNISHINGS OF RECEPTION AREAS OF THE DEPARTMENT OF STATE BUILDING.

"(a) IN GENERAL.—The Secretary of State shall administer the historic and artistic articles of furniture, fixtures, and decorative objects of the reception areas of the Department of State by such means and measures as conform to the purposes of the reception areas, which include conserving those articles, fixtures, and objects and providing for their enjoyment in such manner and by such means as will leave them for the use of the American people. Nothing shall be done under this subsection which conflicts with the administration of the Department of State or with the use of the reception areas for official purposes of the United States Government. "(b) DISPOSITION OF HISTORIC AND ARTISTIC ITEMS.—

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 101 STAT. 1342

'

PUBLIC LAW 100-204—DEC. 22, 1987

"(1) ITEMS COVERED.—Articles of furniture, fixtures, and decorative objects of the reception areas (and similar articles, fixtures, and objects acquired by the Secretary of State), when declared by the Secretary of State to be of historic or artistic interest, shall thereafter be considered to be the property of the Secretary in his or her official capacity and shall be subject to disposition solely in accordance with this subsection. "(2) SALE OR TRADE.—Whenever the Secretary of State determines that— "(A) any item covered by paragraph (1) is no longer needed for use or display in the reception areas, or "(B) in order to upgrade the reception areas, a better use of that article would be its sale or exchange, the Secretary may, with the advice and concurrence of the Director of the National Gallery of Art, sell the item at fair market value or trade it, without regard to the requirements of the Federal Property and Administrative Services Act of 1949. The proceeds of any such sale may be credited to the unconditional gift account of the Department of State, and items ob; tained in trade shall be the property of the Secretary of State under this subsection. "(3) SMITHSONIAN INSTITUTION.—The Secretary of State may also lend items covered by paragraph (1), when not needed for use or display in the reception areas, to the Smithsonian Institution or a similar institution for care, repair, study, storage, or exhibition. "(c) DEFINITION.—For purposes of this section, the term 'reception areas' means the areas of the Department of State Building, located at 2201 C Street, Northwest, Washington, District of Columbia, known as the Diplomatic Reception Rooms (eighth floor), the Secretary of State's offices (seventh floor), the Deputy Secretary of State's offices (seventh floor), and the seventh floor reception area.". O> AUTHORITY TO INSURE CERTAIN HISTORIC AND ARTISTIC FURt)

NISHINGS.—Section 3 of that Act (22 U.S.C. 2670) is amended— =:, (1) by striking out "and" at the end of paragraph (i); '*; (2) by striking out the period at the end of paragraph (j) and inserting in lieu thereof "; and"; and (3) by adding at the end the following: "(k) subject to the availability of appropriated funds, obtain insurance on the historic and artistic articles of furniture, fixtures, and decorative objects which may from time-to-time be within the responsibility of the Fine Arts Committee of the Department of State for the Diplomatic Rooms of the Department.". Abortion. Sterilization.

SEC. 127. INCLUSION OF COERCIVE POPULATION CONTROL INFORMATION IN ANNUAL HUMAN RIGHTS REPORT.

The Foreign Assistance Act of 1961 is amended— (1) in section 116(d) (22 U.S.C. 2151n(d))— (A) by striking out "and" at the end of paragraph (1); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following new paragraph: "(2) wherever applicable, practices regarding coercion in population control, including coerced abortion and involuntary sterilization; and"; and

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Page:United States Statutes at Large Volume 101 Part 3.djvu/45

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1343

(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the first sentence "Wherever applicable, such report shall include information on practices regarding coercion in population control, including coerced abortion and involuntary sterilization.". SEC. 128. LIMITATION ON THE USE OF A FOREIGN MISSION IN A MANNER INCOMPATIBLE WITH ITS STATUS AS A FOREIGN MISSION.

(a) AMENDMENT TO FOREIGN MISSIONS ACT.—The State Department Basic Authorities Act of 1956 is amended by adding at the end of title II (22 U.S.C. 4301 et seq.; commonly referred to as the "Foreign Missions Act") the following: "SEC. 215. USE OF FOREIGN MISSION IN A MANNER INCOMPATIBLE WITH ITS STATUS AS A FOREIGN MISSION. "(a) ESTABLISHMENT OF LIMITATION ON CERTAIN USES.—A foreign

22 USC 4315. Aliens.

mission may not allow an unaffiliated alien the use of any premise of that foreign mission which is inviolable under United States law (including any treaty) for any purpose which is incompatible with its status as a foreign mission, including use as a residence. "(b) TEMPORARY LODGING.—For the purposes of this section, the term 'residence' does not include such temporary lodging as may be permitted under regulations issued by the Secretary. "(c) WAIVER.—The Secretary may waive subsection (a) with respect to all foreign missions of a country (and may revoke such a waiver) 30 days after providing written notification of such a waiver, together with the reasons for such waiver (or revocation of such a waiver), to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. "(d) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the Congress concerning the implementation of this section and shall submit such other reports to the Congress concerning changes in implementation as may be necessary. "(e) DEFINITIONS.—For the purposes of this section— "(1) the term 'foreign mission' includes any international organization as defined in section 209(b); and "(2) the term 'unaffiliated alien' means, with respect to a foreign country, an alien who— "(A) is admitted to the United States as a nonimmigrant, and "(B) is not a member, or a family member of a member, of a foreign mission of that foreign country.". Ob) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the 22 USC 4315 amendment made by subsection (a) shall apply to any foreign mis- note. sion beginning on the date of enactment of this Act. (2)(A) The amendment made by subsection (a) shall apply begin- Aliens. ning 6 months after the date of enactment of this Act with respect to any nonimmigrant alien who is using a foreign mission as a residence or a place of business on the date of enactment of this Act. (B) The Secretary of State may delay the effective date provided for in subparagraph (A) for not more than 6 months with respect to any nonimmigrant alien if the Secretary finds that a hardship to that alien would result from the implementation of subsection (a).

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Page:United States Statutes at Large Volume 101 Part 3.djvu/46

 101 STAT. 1344

PUBLIC LAW 100-204—DEC. 22, 1987

SEC. 129. ALLOCATION OF SHARED COSTS AT MISSIONS ABROAD.

Reports.

In order to provide for full reimbursement of shared administrative costs at United States missions abroad, the Secretary of State shall review, and revise if necessary, the allocation procedures under which agencies reimburse the Department of State for shared administrative costs at United States missions abroad. Within 3 months after the date of enactment of this Act, the Secretary of State shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate on such review and any revision. SEC. 130. PROHIBITION ON THE USE OF FUNDS FOR FACILITIES IN ISRAEL, JERUSALEM, OR THE WEST BANK.

None of the funds authorized to be appropriated by this title may be obligated or expended for site acquisition, development, or construction of any new facility in Israel, Jerusalem, or the West Bank. Real property.

SEC. 131. PURCHASING AND LEASING OF RESIDENCES.

It is the sense of the Congress that in its fiscal year 1989 budget presentations to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, the Department of State shall provide sufficient information on the advantages and disadvantages of purchasing rather than leasing residential properties to enable the Congress to determine the specific amount of savings that would or would not be achieved by purchasing such properties. The Department also shall make recommendations to the Congress on the purchasing and leasing of such properties. Gifts and property. Real property. 22 USC 2697 note.

22 USC 4301 note.

SEC. 132. PROHIBITION ON ACQUISITION OF HOUSE FOR SECRETARY OF STATE.

The Department of State shall not solicit or receive funds for the construction, purchase, lease or rental of, nor any gift or bequest of real property or any other property for the purpose of providing living quarters for the Secretary of State. SEC. 133. UNITED STATES EXPRESSION.

DEPARTMENT

OF STATE

FREEDOM

OF

(a) FINDING.—Congress finds that the United States Department of State, on September 15, 1987, declared itself to be a temporary foreign diplomatic mission for the purpose of denying free speech to American citizens who planned to protest the tyranny of the Soviet regime. (b) PROHIBITION.—It is not in the national security interest of the United States for the Department of State to declare, and it shall not declare, itself to be a foreign diplomatic mission. SEC. 134. REPEAL OF OFFICE OF POLICY AND PROGRAM REVIEW.

(a) REPEAL.—Subsection GJ) of section 413 of the Diplomatic Security Act (22 U.S.C. 4861(b)) is repealed. (b) CONFORMING AMENDMENTS.—Section 413(a) of such Act (22 U.S.C. 4861(a)) is amended— (1) by striking out "(a)" and all that follows through "STATE.—"; and

(2) by redesignating paragraphs (1) through (5) as subsections (a) through (e), respectively.

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Page:United States Statutes at Large Volume 101 Part 3.djvu/47

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1345

SEC. 135. STUDIES AND PLANNING FOR A CONSOLIDATED TRAINING FACILITY FOR THE FOREIGN SERVICE INSTITUTE.

Section 123(c)(1) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, is amended— (1) by inserting "(A)" immediately after "(D"; and (2) by adding at the end thereof the following new subparagraph: "(B) Of the amounts authorized to be appropriated to the Department of State for fiscal years beginning after September 30, 1987, the Secretary of State may transfer a total not to exceed $11,000,000 for 'Administration of Foreign Affairs' to the Administrator of General Services for carrying out feasibility studies, site preparation, and design, architectural, and engineering planning under subsection (b).".

22 USC 4021 note. 99 Stat. 413.

SEC. 136. RESTRICTION ON SUPERVISION OF GOVERNMENT EMPLOYEES BY CHIEFS OF MISSION.

Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is amended— (1) in subsection (a)(1), by inserting "executive branch" after "Government"; (2) in subsection (a)(2), by inserting "executive branch" after "Government" the second place it appears; and (3) in subsection (b), by inserting "executive branch" after "Any". SEC. 137. STUDY AND REPORT CONCERNING THE STATUS OF INDIVIDUALS WITH DIPLOMATIC IMMUNITY IN THE UNITED STATES.

(a) STUDY.—The Secretary shall undertake a study of the minimum liability insurance coverage required for members of foreign missions and their families and the feasibility of requiring an increase in such minimum coverage. In conducting such study, the Secretary shall consult with members of the insurance industry, officials of State insurance regulatory bodies, and other experts, as appropriate. The study shall consider the following: (1) The adequacy of the currently required insurance minimums, including the experiences of injured parties. (2) The feasibility and projected cost of increasing the current minimum coverages to $1,000,000 or some lesser amount in the commercial insurance market, including consideration of individual umbrella policies to provide additional coverage above the current minimum. (3) The feasibility and cost of requiring additional coverage up to $1,000,000 through a single group insurance arrangement, administered by the Department, providing umbrella coverage for the entire class of foreign officials who are immune from the jurisdiction of the United States. (4) The consequences to United States missions abroad, including their costs of operation, that might reasonably be anticipated as a result of requiring an increase in the insurance costs of foreign missions in the United States. (5) Any other issues and recommendations the Secretary may consider appropriate. (b) REPORT.—The Secretary shall compile a report to the Congress concerning the problem arising from diplomatic immunity from criminal prosecution and from civil suit. The report shall set forth the background of the various issues arising from the problem, the

Insurance.

Law enforcement and crime.

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Page:United States Statutes at Large Volume 101 Part 3.djvu/48

 101 STAT. 1346

International organizations.

PUBLIC LAW 100-204—DEC. 22, 1987

extent of the problem, an analysis of proposed and other potential measures to address the problem (including an analysis of the costs associated with and difficulties of implementing the various proposals), consider the potential and likely impact upon United States diplomatic personnel of actions in other nations that are comparable to such proposals, and make recommendations for addressing the problem with respect to the following: (1) The collection of debts owed by foreign missions and members of such missions and their families to individuals and entities in the United States. (2) A detailed catalog of incidents of serious criminal offenses by persons entitled to immunity under the Vienna Convention ^ J on Diplomatic Relations and other treaties to assist in developing an understanding of the extent of the problem. (3) The feasibility of having the Department of State develop and periodically submit to the Congress a report concerning— (A) serious criminal offenses committed in the United <: States by individuals entitled to immunity from the criminal jurisdiction of the United States; and (B) delinquency in the payment of debts owed by foreign missions and members of such missions and their families ,;-1 to individuals and entities in the United States. (4) Methods for improving the education of law enforcement officials on the extent of immunity provided to members of foreign missions and their families under the Vienna Convention on Diplomatic Relations and other treaties. (5) Proposals to assure that law enforcement officials fully investigate, charge, and institute and maintain prosecution of members of foreign missions and their families to the extent consistent with the obligations of the United States under the Vienna Convention on Diplomatic Relations and other treaties. (6) The extent to which existing practices regarding the circumstances under which diplomatic visas under section 101(a)(15)(A) of the Immigration and Nationality Act are issued and revoked are adequate to ensure the integrity of the diplomatic visa category. (7) The extent to which current registration and documentation requirements fully and accurately identify individuals entitled to diplomatic immunity. (8) The extent to which the Department of State is able to identify diplomats allegedly involved in serious crimes in the United States so as to initiate their removal from the United States and the extent to which existing law may be inadequate to prevent the subsequent readmission of such individuals under nonimmigrant and immigrant categories unrelated to section 101(a)(15)(A) of the Immigration and Nationality Act. (9) A Comparison of the procedures for the issuance of visas to diplomats from foreign nations to the United States and international organizations with the procedures accorded to United States diplomats to such nations and to international organizations in such nations, and recommendations to achieve reciprocity in such procedures. (lOXA) A review of the definition of the term "family" under the Diplomatic Relations Act. (B) An evaluation of the effect of amendments to the term "family" on the number of persons entitled to diplomatic immunity in the United States.

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 368 far off a wave struck it, and it fell with one side low in the water, so the merchant thought that poor Heinel was lost, and went home very sorrowful, while the dwarf went his way, thinking that at any rate he had had his revenge.

The boat, however, did not sink, for the good fairy took care of her friend, and soon raised the boat up again, and it went safely on. The young man sat safe within, till at length it ran ashore upon an unknown land. As he jumped upon the shore he saw before him a beautiful castle, but empty and dreary within, for it was enchanted. "Here," said he to himself, "must I find the prize the good fairy told me of." So he once more searched the whole palace through, till at last he found a white snake, lying coiled up on a cushion in one of the chambers.

Now the white snake was an enchanted princess; and she was very glad to see him, and said, "Are you at last come to set me free? Twelve long years have I waited here for the fairy to bring you hither as she promised, for you alone can save me. This night twelve men will come: their faces will be black, and they will be dressed in chain armour. They will ask what you do here, but give no answer; and let them do what they will, beat, whip, pinch, prick, or torment you, bear all; only speak not a word, and at twelve o'clock they must go away. The second night twelve others will come: and the third night twenty-four, who will even cut off your head; but at the twelfth hour of that night their power is gone, and I shall be free, and will come and bring you the water of life, and will wash you with it, and bring you back to life and health." And all came to pass as she had said; Heinel bore all, and spoke not

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101 STAT. 1347

(C) An evaluation of the potential effect of various amendments to the term "family" under the Diplomatic Relations Act on the number of serious criminal offenses committed in the United States by members of foreign missions and their families entitled to immunity from the criminal jurisdiction of the United States. (11) An examination of all possible measures to prevent the use of diplomatic pouches for the illicit transportation of narcotics, explosives, or weapons. (12) An examination of the considerations in establishing a fund for compensating the victims of crimes committed by persons entitled to immunity from criminal prosecution under the Vienna Convention on Diplomatic Relations and other treaties, including the feasibility of establishing an insurance fund financed by foreign missions. (c) CONGRESS.—Not more than 90 days after the date of enactment of this Act, the findings and recommendations of the study under subsection (a) and the report under subsection (b) shall be submitted to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives.

Drugs and drug abuse. Arms and munitions.

SEC. 138. FEDERAL JURISDICTION OF DIRECT ACTIONS AGAINST INSURERS OF DIPLOMATIC AGENTS.

(a) PERIOD OF LIABILITY.—Section 1364 of title 28, United States Code, is amended by inserting after "who is" the following: ", or was at the time of the tortious act or omission,". (b) APPLICATION.—The amendment made by subsection (a) shall Effective date. apply to the first tortious act or omission occurring after the date of 28 USC 1364 note. enactment of this Act. SEC. 139. ENFORCEMENT OF CASE-ZABLOCKI ACT REQUIREMENTS. (a) RESTRICTION ON USE OF FUNDS.—If any international agree-

ment, whose text is required to be transmitted to the Congress pursuant to the first sentence of subsection (a) of section 112b of title 1, United States Code (commonly referred to as the "Case-Zablocki Act"), is not so transmitted within the 60-day period specified in that sentence, then no funds authorized to be appropriated by this or any other Act shall be available after the end of that 60-day period to implement that agreement until the text of that agreement has been so transmitted. (b) EFFECTIVE DATE.—Subsection (a) shall take effect 60 days after the date of enactment of this Act and shall apply during fiscal years 1988 and 1989. SEC. 140. ANNUAL COUNTRY REPORTS ON TERRORISM. (a) REQUIREMENT OF ANNUAL COUNTRY REPORTS ON TERRORISM.—

The Secretary of State shall transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate, by March 31 of each year, a full and complete report providing— (1) detailed assessments with respect to each foreign country— (A) in which acts of international terrorism occurred which were, in the opinion of the Secretary, of major significance;

International agreements. l U S C l 12b note.

22 USC 2656f.

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 101 STAT. 1348

-

International

organizations,

,,

PUBLIC LAW 100-204—DEC. 22, 1987

(B) about which the Congress was notified during the preceding five years pursuant to section 6(j) of the Export Administration Act of 1979; and (C) which the Secretary determines should be the subject of such report; and (2) all relevant information about the activities during the preceding year of any terrorist group, and any umbrella group under which such terrorist group falls, known to be responsible for the kidnapping or death of an American citizen during the preceding five years, any terrorist group known to be financed by countries about which Congress was notified during the preceding year pursuant to section 6(j) of the Export Administration Act of 1979, and any other known international terrorist group which the Secretary determines should be the subject of such report. (b) PROVISIONS TO B E INCLUDED IN REPORT.—The report required under subsection (a) should to the extent feasible include (but not be limited to)— (1) with respect to subsection (a)(D— (A) a review of major counterterrorism efforts undertaken by countries which are the subject of such report, including, as appropriate, steps taken in international fora; (B) the response of the judicial system of each country which is the subject of such report with respect to matters relating to terrorism affecting American citizens or facilities, or which have, in the opinion of the Secretary, a significant impact on United States counterterrorism efforts, including responses to extradition requests; and \ (C) significant support, if any, for international terrorism by each country which is the subject of such report, including Qjut not limited to)— (i) political and financial support; ., (ii) diplomatic support through diplomatic recognition and use of the diplomatic pouch; (iii) providing sanctuary to terrorists or terrorist groups; and (iv) the positions (including voting records) on mat-

ters relating to terrorism in the General Assembly of the United Nations and other international bodies and fora of each country which is the subject of such report; ' and (2) with respect to subsection (a)(2), any— ' (A) significant financial support provided by foreign i,u3 governments to those groups directly, or provided in support of their activities; (B) provisions of significant military or paramilitary training or transfer of weapons by foreign governments to those groups; (C) provision of diplomatic recognition or privileges by foreign governments to those groups; and (D) provision by foreign governments of sanctuary from prosecution to these groups or their members responsible for the commission, attempt, or planning of an act of international terrorism. (c) CLASSIFICATION OF REPORT.—The report required under subsection (a) shall, to the extent practicable, be submitted in an unclassified form and may be accompanied by a classified appendix.

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101 STAT. 1349

(d) DEFINITIONS.—As used in this section— (1) the term "international terrorism" means terrorism involving citizens or the territory of more than 1 country; (2) the term "terrorism" means premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents; and (3) the term "terrorist group" means any group practicing, or which has significant subgroups which practice, international terrorism. (e) REPORTING PERIOD.—

(1) The report required under subsection (a) shall cover the events of the calendar year preceding the year in which the report is submitted. (2) The report required by subsection (a) to be submitted by March 31, 1988, may be submitted no later than August 31, 1988. SEC. 141. RESTRICTION ON USE OF FUNDS FOR PUBLIC DIPLOMACY EFFORTS.

(a) IN GENERAL.—Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for the Department of State may be used by the Department of State to make any contract or purchase order agreement, on or after the date of enactment of this Act, with any individual, group, organization, partnership, corporation, or other entity for the purpose of— (1) providing advice or assistance for any program for foreign representatives of any civic, labor, business, or humanitarian group during any visit to Washington, District of Columbia, or any other location within the United States; (2) providing contact with any refugee group or exile in Washington, District of Columbia, or elsewhere in the United States, including the arranging of any media event, interview, or public appearance; (3) translating articles on regions of the world and making them available for distribution to United States news organizations or public interest groups; (4) providing points of contact for public interest groups seeking to interview exiles, refugees, or other visitors; (5) coordinating or accompanying media visits to any region of the world; (6) providing source material relating to regional conflicts for public diplomacy efforts; (7) providing or presenting, in writing or orally, factual material on security considerations, refugee problems, or political dynamics of any region of the world for use on public diplomacy efforts; (8) editing briefs or other materials for use on public diplomacy efforts; (9) conducting special studies or projects for use on public diplomacy efforts; (10) designing or organizing a distribution system for materials for use on public diplomacy efforts; or (11) directing the operation of this distribution system, including— (A) development of specialized, segmented addressee lists of persons or organizations which have solicited materials or information on any region of the world;

District of Columbia.

Refugees. District of Columbia.

Refugees.

Refugees.

Mail.

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 101 STAT. 1350

PUBLIC LAW 100-204—DEC. 22, 1987

^

Contracts.

(B) computerization, coding, maintenance, or updating of lists; (C) retrieval, storage, mailing, or shipping of individual or bulk packets of publications; (D) maintenance or control of inventory or reserve stocks of materials; (E) distribution of materials; (F) coordinating publication production; or (G) conducting systematic evaluations of the system.

(b) EXCEPTIONS.—

(1) Subsection (a) does not apply to any contract or purchase order agreement made, after competitive bidding, by or for the Bureau of Public Affairs of the Department of State. (2) During fiscal years 1988 and 1989, a contract related to advocacy and policy positions may be entered into by or on behalf of the Department of State if the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified not less than 15 days in advance of the proposed contract. (c) LIMITATION ON USE OF FUNDS.—Of the funds authorized to be appropriated by this or any other Act, not more than $389,000 may be used in any fiscal year to finance the activities set forth in subsection (a). SEC. 142. AUTHORITY TO INVEST AND RECOVER EXPENSES FROM INTERNATIONAL CLAIMS SETTLEMENT FUNDS. 22 USC 1627.

Securities.

^^

(a) INVESTMENT AUTHORITY.—Section

8 of the

International

Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) is amended by adding at the end thereof the following new subsection: "(g) The Secretary of the Treasury is authorized and directed to invest the amounts held respectively in the 'special funds' established by this section in public debt securities with maturities suitable for the needs of the separate accounts and bearing interest at rates determined by the Secretary, taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities. The interest earned on the amounts in each special fund shall be used to make payments, in accordance with subsection (c), on awards payable from that special fund.". O> AUTHORITY TO ACCEPT REIMBURSEMENTS.—The Department of t) State Appropriation Act of 1937 (49 Stat. 1321; 22 U.S.C. 2661) is amended under the heading entitled "INTERNATIONAL FISHERIES COMMISSION" by inserting after the fourth undesignated paragraph the following new paragraph: "The Secretary of State is authorized to accept reimbursement from corporations, firms, and individuals for the expenses of travel, translation, printing, special experts, and other extraordinary expenses incurred in pursuing a claim on their behalf against a foreign government or other foreign entity. Such reimbursements shall be credited to the appropriation account against which the expense was initially charged.".

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1351

PART C—DIPLOMATIC RECIPROCITY AND SECURITY SEC. 151. UNITED STATES-SOVIET EMBASSY AGREEMENT: PROHIBITION ON USE OF MT. ALTO SITE.

(a) FINDINGS.—The Congress finds that— (1) the Government of the Union of Soviet Socialist Republics has intentionally and substantially violated international agreements with the United States concerning the establishment and operation of the new United States Embassy complex in Moscow by significantly delaying progress and by constructing the premises of that Embassy so as to compromise the security of United States operations, thus rendering the premises unuseable for the primary purpose intended under those agreements; (2) the Soviet Government's actions constitute a material violation of international law and a substantial default in performance under the contract for construction of the new United States Embassy complex, and the United States is entitled to claim appropriate compensation; (3) due to actions of the Government of the Union of Soviet Socialist Republics, United States Government personnel cannot pursue their official duties in confidence, as the national security and diplomatic relations of the United States requires, within the new United States Embassy being constructed in Moscow; (4) the Government of the Union of Soviet Socialist Republics has similarly taken steps to impair the full and proper use of the present United States Embassy in Moscow, to the detriment of the national security of the United States and its ability to conduct diplomatic relations; (5) as a result of the substantial violations by the Soviet Union of these international agreements with the United States and other Soviet violations of international law, the United States is entitled to terminate, in whole or in part, those agreements; (6) termination of such agreements may include withdrawal District of of rights and privileges otherwise granted to the Soviet Union Columbia. concernijig the establishment of a new Soviet Embassy complex in Washington, District of Columbia; (7) the location of the new Soviet Embassy on Mount Alto creates serious concerns with respect to electronic surveillance and potential damage to the national security of the United States; and (8) to protect the national security of the United States, therefore, the United States should exercise its right to terminate the Embassy agreements in view of the substantial and intentional Soviet breaches thereof, unless the threat to the national security posed by adherence to those agreements can be overcome. (b) WITHDRAWAL FROM EMBASSY AGREEMENT.—The United States President of U.S. shall withdraw from the Agreement between the Government of the United States and the Government of the Union of Soviet Socialist Republics on the Reciprocal Allocation for Use Free of Charge of Plots of Land in Moscow and Washington (signed at Moscow, May 16, 1969) and related agreements, notes, and understandings unless

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 101 STAT. 1352

PUBLIC LAW 100-204—DEC. 22, 1987

the President makes the determinations and waiver under subsection (c). (c) WAIVER.— (1) PRESIDENTIAL DETERMINATIONS REQUIRED.—The President

may waive subsection (b) if he determines that— (A) it is vital to the national security of the United States that the United States not withdraw from the agreement (and related agreements, notes, and understandings) referred to in subsection (b); (B) steps have been or will be taken that will ensure that the new chancery building to be occupied by the United States Embassy in Moscow can be safely and securely used for its intended purposes; and (C) steps have been or will be taken to eliminate, no later than 2 years after the date of enactment of this Act, the damage to the national security of the United States due to electronic surveillance from Soviet facilities on Mount Alto, President of U.S.

President of U.S.

(2) WHEN DETERMINATIONS MAY BE MADE.—The President

may not make the determination and waiver permitted by paragraph (1) before the end of the 6-month period beginning on the date of enactment of this Act. (3) REPORT TO CONGRESS.—The waiver permitted by paragraph (1) shall not be effective until 30 days after the determinations and waiver are reported to the Congress. Any such report shall include— (A) a detailed justification for each of the determinations; «.i (B) an assessment of the impact on national security of ' the removal of the Soviet Embassy from Mt. Alto; and (C) specify the steps that have been or will be taken to achieve the requirements of paragraphs (1)(B) and (C). (4) NONDELEGATABILITY.—The President may not delegate the responsibility for making the determination and waiver permitted by paragraph (1). (d) NOTIFICATION OF UNAVAILABILITY OF MOUNT ALTO.—If the

V.

President does not waive subsection (b), the Secretary of State shall notify the Government of the Union of Soviet Socialist Republics that the Mount Alto site will cease to be available to that Government for any purpose as of the date which is 1 year and 10 days after the earliest date on which the President could make the waiver under subsection (c). (e) PROHIBITION ON FUTURE USE OF MOUNT ALTO SITE BY FOREIGN

MISSIONS.—If subsection Go) takes effect, the Mount Alto site may not be made available for use thereafter by a foreign mission for any purpose. SEC. 152. RECOVERY OF DAMAGES INCURRED AS A RESULT OF SOVIET INTELLIGENCE ACTIVITIES DIRECTED AT THE NEW UNITED STATES EMBASSY IN MOSCOW.

It is the sense of the Congress that the arbitration process between the United States and the Union of Soviet Socialist Republics, which is currently under way with respect to damages arising from delays in the construction of the new United States Embassy in Moscow, should include Soviet reimbursement of the full costs incurred by the United States as a result of the intelligence activities of the Soviet Union directed at the new United States Embassy in Moscow.

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1353

SEC. 153. UNITED STATES-SOVIET RECIPROCITY IN MATTERS RELATING TO EMBASSIES.

22 USC 4301 note.

(a) REQUIREMENT FOR RECIPROCITY IN CERTAIN MATTERS.—The

Secretary of State shall exercise the authority granted in title II of the State Department Basic Authorities Act of 1956 (relating to foreign missions) to obtain the full cooperation of the Soviet Government in achieving the following objectives by October 1, 1989: (1) FINANCE.—United States diplomatic and consular posts in the Soviet Union not pay more than fair value for goods or, services as a result of the Soviet Government's control over Soviet currency valuation and over the pricing of goods and services. (2) ACCESS TO GOODS AND SERVICES.—United States diplomatic utilities. and consular posts in the Soviet Union have full access to goods and services, including utilities. (3) REAL PROPERTY.—The real property used for office purposes, the real property used for residential purposes, and the real property used for all other purposes by United States diplomatic and consular posts in the Soviet Union is comparable in terms of quantity and quality to the real property used for each of those purposes by diplomatic and consular posts of the Soviet mission to the United States. (b) SOVIET CONSULATES IN THE UNITED STATES.—The Secretary of

State shall not allow the Soviet mission to the United States to occupy any new consulate in the United States until the United States mission in Kiev is able to occupy secure permanent facilities. (c) SECRETARY OF THE TREASURY.—The Secretary of the Treasury shall provide to the Secretary of State such assistance with respect to the implementation of paragraph (1) of subsection (a) as the Secretary of State may request. (d) REPORTS TO CONGRESS.—Not later than 60 days after the date of enactment of this Act and annually thereafter, the Secretary of State shall submit to the Congress a report setting forth the actions taken and planned to be taken in carrying out subsection (a). (e) DEFINITION OF BENEFIT.—Paragraph (1) of section 202(a) of title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4302(a)(1); commonly referred to as the Foreign Missions Act) is amended— (1) by striking out "and" at the end of subparagraph (E); (2) in subparagraph (F), by inserting "and" after "services,"; and (3) by inserting after subparagraph (F) the following new subparagraph: "(G) financial and currency exchange services,". SEC. 154. REPORT ON PERSONNEL OF SOVIET STATE TRADING ENTERPRISES.

Not later than 60 days after the date of enactment of this Act, the Secretary of State shall submit to the Congress a report discussing whether the number of personnel of Soviet state trading enterprises in the United States should be reduced. SEC. 155. PERSONNEL SECURITY PROGRAM FOR EMBASSIES IN HIGH INTELLIGENCE THREAT COUNTRIES.

(a) SPECIAL SECURITY PROGRAM.—The Secretary of State shall develop and implement, within three months after the date of enactment of this Act, a special personnel security program for

22 USC 4802 note.

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PUBLIC LAW 100-204—DEC. 22, 1987

personnel of the Department of State assigned to United States diplomatic and consular posts in high intelligence threat countries who are responsible for security at those posts and for any individuals performing guard functions at those posts. Such program shall include— (1) selection criteria and screening to ensure suitability for assignment to high intelligence threat countries; (2) counterintelligence awareness and related training; (3) security reporting and command arrangements designed to counter intelligence threats; and (4) length of duty criteria and policies regarding rest and recuperative absences. (b) REPORT TO CONGRESS.—Not later than 6 months after the date of enactment of this subsection, the Secretary of State shall report to the Congress on the special personnel security program required by subsection (a). (c) DEFINITION.—As used in subsection (a), the term "high intelligence threat country" means— (1) a country listed as a Communist country in section 620(f) of the Foreign Assistance Act of 1961; and (2) any other country designated as a high intelligence threat country for purposes of this section by the Secretary of State, the Secretary of Defense, the Director of Central Intelligence, or the Director of the Federal Bureau of Investigation. SEC. 156. ACCOUNTABILITY REVIEW BOARDS.

(a) ESTABLISHMENT OF A BOARD.—Section 301 of the Diplomatic Security Act (22 U.S.C. 4831) is amended— (1) by inserting ", and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad," after "mission abroad"; and (2) by inserting after the first sentence thereof the following new sentence: "With respect to breaches of security involving intelligence activities, the Secretary of State may delay establishing an Accountability Review Board if, after consultation with the Chairman of the Select Committee on Intelligence of the Senate and the Chairman of the Permanent Select, Committee on Intelligence of the House of Representatives, the Secretary determines that doing so would compromise intelligence sources and methods. The Secretary shall promptly advise the Chairmen of such committees of each determination pursuant to this section to delay the establishment of an Accountability Review Board.". a>) BOARD FINDINGS.—Section 304(a) of that Act (22 U.S.C. 4834(a)) is amended by inserting "or surrounding the serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad (as the case may be)" after "mission abroad" the first place it appears. 22 USC 3943 note.

SEC. 157. PROHIBITION ON CERTAIN EMPLOYMENT AT UNITED STATES DIPLOMATIC AND CONSULAR MISSIONS IN COMMUNIST COUNTRIES.

Classified information.

(a) PROHIBITION.—After September 30, 1990, no national of a Communist country may be employed as a foreign national employee in any area of a United States diplomatic or consular

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1355

facility in any Communist country where classified materials are maintained. (b) DEFINITION.—As used in this section, the term "Communist country" means a country listed in section 620(f) of the Foreign Assistance Act of 1961. (c) ADDITIONAL FUNDS FOR HIRING UNITED STATES CITIZENS.—The

Congress expresses its willingness to provide additional funds to the Department of State for the expenses of employing United States nationals to replace the individuals dismissed by reason of subsection (a). (d) REPORT AND REQUEST FOR FUNDS.—As a part of the Department of State's authorization request for fiscal years 1990 and 1991, the Secretary of State, in consultation with the heads of all relevant agencies, shall submit— (1) a report, which shall include— (A) a feasibility study of the implementation of this section; and (B) an analysis of the impact of the implementation of this section on the budget of the Department of State; and (2) a request for funds necessary for the implementation of this section pursuant to the findings and conclusions specified in the report under paragraph (1). President of U.S. (e) WAIVER.—The President may waive this section— (1) if funds are not specifically authorized and appropriated to carry out this section; or (2) the President determines that it is in the national security interest of the United States to continue to employ foreign service nationals. The President shall notify the appropriate committees of Congress President of U.S. each time he makes the waiver conferred on him by this section. SEC. 158. TERMINATION OF RETIREMENT BENEFITS FOR FOREIGN NATIONAL EMPLOYEES ENGAGING IN HOSTILE INTELLIGENCE ACTIVITIES.

(a) TERMINATION.—The Secretary of State shall exercise the authorities available to him to ensure that the United States does not provide, directly or indirectly, any retirement benefits of any kind to any present or former foreign national employee of a United States diplomatic or consular post against whom the Secretary has convincing evidence that such employee has engeiged in intelligence activities directed against the United States. To the extent practicable, the Secretary shall provide due process in implementing this section. Ob) WAIVER.—The Secretary of State may waive the applicability of subsection (a) on a case-by-case beisis with respect to an employee if he determines that it is vital to the national security of the United States to do so and he reports such waiver to the appropriate committees of the Congress. SEC. 159. REPORT ON EMPLOYMENT OF FOREIGN NATIONALS AT FOREIGN SERVICE POSTS ABROAD.

Not later than 6 months after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Agriculture, the Director of Central Intelligence, the Director of the United States Information Agency, and the Director of the Peace Corps, shall submit to the Congress a report discussing the advisability of employing foreign nationals at

22 USC 4041 note.

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PUBLIC LAW 100-204—DEC. 22, 1987

foreign service posts abroad (including their access to automatic data processing systems and networks). 22 USC 4851 note. Classified information.

SEC. 160. CONSTRUCTION SECURITY CERTIFICATION.

Real property. Communications and telecommunications.

SEC. 161. PROTECTION FROM FUTURE HOSTILE INTELLIGENCE ACTIVITIES IN THE UNITED STATES.

(a) CERTIFICATION.—Before undertaking any new construction or major renovation project in any foreign facility intended for the storage of classified materials or the conduct of classified activities, the Secretary of State, after consultation with the Director of Central Intelligence, shall certify to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that— (1) appropriate and adequate steps have been taken to ensure the security of the construction project (including an evaluation of how all security-related factors with respect to such project are being addressed); and (2) the facility resulting from such project incorporates— (A) adequate measures for protecting classified information and national security-related activities; and ^ (B) adequate protection for the personnel working in the diplomatic facility. (b) AVAILABILITY OF DOCUMENTATION.—All documentation with respect to a certification referred to in subsection (a) and any dissenting views thereto shall be available, in an appropriately classified form, to the Chairman of the Committee on Foreign Affairs of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate. (c) DIRECTOR OF CENTRAL INTELLIGENCE.—The Director of Central Intelligence shall provide to the Secretary of State such assistance with respect to the implementation of this section as the Secretary of State may request. (d) DISSENTING VIEWS.—If the Director of Central Intelligence disagrees with the Secretary of State with respect to any project certification made pursuant to subsection (a), the Director shall submit in writing disagreeing views to the Secretary of State.

Section 205 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4305) is amended by adding at the end the following: "(d)(1) After the date of enactment of this subsection, real property in the United States may not be acquired (by sale, lease, or other means) by or on behalf of the foreign mission of a foreign country described in paragraph (4) if, in the judgment of the Secretary of Defense (after consultation with the Secretary of State), the acquisition of that property might substantially improve the capability of that country to intercept communications involving United States Government diplomatic, military, or intelligence matters. "(2) After the date of enactment of this subsection, real property in the United States may not be acquired (by sale, lease, or other means) by or on behalf of the foreign mission of a foreign country described in paragraph (4) if, in the judgment of the Director of the Federal Bureau of Investigation (after consultation with the Secretary of State), the acquisition of that property might substantially improve the capability of that country to engage in intelligence activities directed against the United States Government, other than the intelligence activities described in paragraph (1).

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 Rh a word; and the third night the princess came, and fell on his neck and kissed him. Joy and gladness burst forth throughout the castle, the wedding was celebrated, and he was crowned king of the Golden Mountain.

They lived together very happily, and the queen had a son. And thus eight years had passed over their heads, when the king thought of his father; and he began to long to see him once again. But the queen was against his going, and said, "I know well that misfortunes will come upon us if you go." However, he gave her no rest till she agreed. At his going away she gave him a wishing-ring, and said, "Take this ring, and put it on your finger, whatever you wish it will bring you: only promise never to make use of it to bring me hence to your father's house." Then he said he would do what she asked, and put the ring on his finger, and wished himself near the town where his father lived.

Heinel found himself at the gates in a moment; but the guards would not let him go in, because he was so strangely clad. So he went up to a neighbouring hill, where a shepherd dwelt, and borrowed his old frock, and thus passed unknown into the town. When he came to his father's house, he said he was his son; but the merchant would not believe him, and said he had had but one son, his poor Heinel, who he knew was long since dead; and as he was only dressed like a poor shepherd, he would not even give him anything to eat. The king, however, still vowed that he was his son, and said, "Is there no mark by which you would know me if I am really your son?" "Yes," said his mother, "our Heinel had a mark like a raspberry on his right arm." Then he showed them the mark, and they knew that what he had said was true.

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1357

"(3) The Secretary of State shall inform the Secretary of Defense and the Director of the Federal Bureau of Investigation immediately upon notice being given pursuant to subsection (a) of this section of a proposed acquisition of real property by or on behalf of the foreign mission of a foreign country described in paragraph (4). "(4) For the purposes of this subsection, the term 'foreign country' means— "(A) any country listed as a Communist country in section 620(f) of the Foreign Assistance Act of 1961; "(B) any country determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, to be a country which has repeatedly provided support for acts of international terrorism; and "(C) any other country which engages in intelligence activities in the United States which are adverse to the national security interests of the United States. "(5) As used in this section, the term 'substantially improve' shall not be construed to prevent the establishment of a foreign mission by a country which, on the date of enactment of this section— "(A) does not have a mission in the United States, or "(B) with respect to a city in the United States, did not maintain a mission in that city.". SEC. 162. APPLICATION OF TRAVEL RESTRICTIONS TO PERSONNEL OF CERTAIN COUNTRIES AND ORGANIZATIONS.

(a) AMENDMENT TO FOREIGN MISSIONS ACT.—Title II of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.) as amended by section 128 is further amended by adding at the end the following new section: "SEC. 216. APPLICATION OF TRAVEL RESTRICTIONS TO PERSONNEL OF CERTAIN COUNTRIES AND ORGANIZATIONS.

"(a) REQUIREMENT FOR RESTRICTIONS.—The Secretary shall apply the same generally applicable restrictions to the travel while in the United States of the individuals described in subsection (b) as are applied under this title to the members of the missions of the Soviet Union in the United States. "(b) INDIVIDUALS SUBJECT TO RESTRICTIONS.—The restrictions required by subsection (a) shall be applied with respect to those individuals who (as determined by the Secretary) are— "(1) the personnel of an international organization, if the individual is a national of any foreign country whose government engages in intelligence activities in the United States that are harmful to the national security of the United States; "(2) the personnel of a mission to an international organization, if that mission is the mission of a foreign government that engages in intelligence activities in the United States that are harmful to the national security of the United States; or "(3) the family members or dependents of ah individual described in paragraphs (1) and (2); and who are not nationals or permanent resident aliens of the United States. "(c) WAIVERS.—The Secretary, after consultation with the Director of Central Intelligence and the Director of the Federal Bureau of Investigation, may waive application of the restrictions required by subsection (a) if the Secretary determines that the national security and foreign policy interests of the United States so require.

22 USC 4316.

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 101 STAT. 1358

22 USC 4316 note.

PUBLIC LAW 100-204—DEC. 22, 1987

"(d) REPORTS.—The Secretary shall transmit to the Select Committee on Intelligence and the Committee on Foreign Relations of the Senate, and to the Permanent Select Committee on Intelligence and the Committee on Foreign Affairs of the House of Representatives, not later than six months after the date of enactment of this section and not later than every six months thereafter, a report on the actions taken by the Secretary in carrying out this section during the previous six months. "(e) DEFINITIONS.—For purposes of this section— "(1) the term 'generally applicable restrictions' means any limitations on the radius within which unrestricted travel is permitted and obtaining travel services through the auspices of the Office of Foreign Missions for travel elsewhere, and does not include any restrictions which unconditionally prohibit the members of missions of the Soviet Union in the United States from traveling to designated areas of the United States and which are applied as a result of particular factors in relations between the United States and the Soviet Union. "(2) the term 'international organization' means an organization described in section 209(b)(l); and "(3) the term 'personnel' includes— "(A) officers, employees, and any other staff member, and ,. "(B) any individual who is retained under contract or other arrangement to serve functions similar to those of an officer, employee, or other staff member.". (b) EFFECTIVE DATE.—Subsection (a) of the section enacted by this section shall take effect 90 days after the date of enactment of this Act. SEC. 163. COUNTERINTELLIGENCE POLYGRAPH SCREENING OF DIPLOMATIC SECURITY SERVICE PERSONNEL.

,

(a) IMPLEMENTATION OF PROGRAM.—Under the regulations issued pursuant to subsection (b), the Secretary of State shall implement a program of counterintelligence polygraph examinations for members of the Diplomatic Security Service (established pursuant to title II of the Diplomatic Security Act) during fiscal years 1988 and 1989. (b) REGULATIONS.—The Secretary of State shall issue regulations to govern the program required by subsection (a). Such regulations shall provide that the scope of the examinations under such program, the conduct of such examinations, and the rights of individuals subject to such examinations shall be the same as those under the counterintelligence polygraph program conducted pursuant to section 1221 of the Department of Defense Authorization Act, 1986 (Public Law 99-145). SEC. 164. UNITED STATES EMBASSY IN HUNGARY.

(a) FINDINGS.—The Congress finds that— (1) the full implementation of the security program of a United States diplomatic mission to a Communist country cannot be accomplished if employees of that mission who are citizens of the host country are present in the same facilities where diplomatic and consular activities of a sensitive nature are performed; (2) the facilities currently housing the offices of the United States diplomatic mission to Hungary are totally inadequate for the proper conduct of United States diplomatic activities, and unnecessarily expose United States personnel and their activi-

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1359

ties to the scrutiny of the intelligence services of the Government of Hungary; (3) the presence of local citizens in a facility where sensitive activities are performed, as well as their access to certain unclassified administrative information, greatly enhances the ability of the host government's intelligence services to restrict our diplomatic activities in that country; (4) since the United States Government owns a substantial amount of property in Budapest, it is in a unique position to build new facilities which will substantially enhance the security of the United States diplomatic mission to Hungary; and (5) units such as the Navy Construction Battalion are uniquely qualified to construct such facilities in an eastern bloc country. (b) STATEMENT OF POLICY.—It is the sense of the Congress that— International (1) the Department of State should proceed in a timely fashion agreements. to negotiate an agreement with the Government of Hungary to allow for the construction of new chancery facilities in Budapest which would totally segregate sensitive activities from those of an unclassified and public-oriented character; and (2) any such agreement should ensure that the United States Government will have the right to employ only American construction personnel and materials and will have complete control over access to the chancery site from the inception of construction. PART D~PERSONNEL MATTERS SEC. 171. COMMISSION TO STUDY FOREIGN SERVICE PERSONNEL SYSTEM,

Government organization and employees.

In consultation with the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs and the Committee on Post Office and Civil Service of the House of Representatives, and the exclusive representatives (as defined in section 1002(9) of the Foreign Service Act of 1980), the Secretary shall appoint a commission of five distinguished members, at least four of whom shall have a minimum of ten years experience in personnel management. The Commission shall conduct a study of the Foreign Service personnel system, with a view toward developing a system that provides adequate career stability to the members of the Service. Not more Reports. than 1 year after the date of enactment of this Act, the Commission shall transmit its report and recommendations to the Secretary of State, the Chairman of the Committee on Foreign Relations of the Senate, the Chairman of the Committee on Foreign Affairs of the House of Representatives, and the Chairman of the Committee on Post Office and Civil Service of the House of Representatives. SEC. 172. PROTECTION OF CIVIL SERVICE EMPLOYEES.

(a) FINDINGS.—The Congress finds that— (1) the effectiveness and efficiency of the Department of State is dependent not only on the contribution of Foreign Service employees but equally on the contribution of the 42 percent of the Department's employees who are employed under the Civil Service personnel system; (2) the contribution of these Civil Service employees has been overlooked in the management of the Department and greater equality of promotion, training, and career enhancement

22 USC 2664a.

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 101 STAT. 1360

PUBLIC LAW 100-204—DEC. 22, 1987

opportunities should be accorded to the Civil Service employees of the Department; and (3) a goal of the Foreign Service Act of 1980 was to strengthen the contribution made by Civil Service employees of the Department of State by creating a cadre of experienced specialists and managers in the Department to provide essential continuity. (b) EQUITABLE REDUCTION OF BUDGET.—The Secretary of State shall take all appropriate steps to assure that the burden of cuts in the budget for the Department is not imposed disproportionately or inequitably upon its Civil Service employees. (c) ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR CIVIL SERVICE EMPLOYEES.—There is established in the Office of the Sec-

retary of State the position of Ombudsman for Civil Service Employees. The position of Ombudsman for Civil Service Employees shall be a career reserved position within the Senior Executive Service. The Ombudsman for Civil Service Employees shall report directly to the Secretary of State and shall have the right to participate in all Management Council meetings to assure that the ability of the Civil Service employees to contribute to the achievement of the Department's mandated responsibilities and the career interests of those employees are adequately represented. The position of Ombudsman for Civil Service Employees shall be designated from one of the Senior Executive Service positions (as defined in section 3132(a)(2) of title 5, United States Code) in existence on the date of enactment of this Act. (d) DEFINITION.—For purposes of this section, the term "Civil Service employees" means employees of the Federal Government except for members of the Foreign Service (as defined in section 103 of the Foreign Service Act of 1980). SEC. 173. COMPENSATION FOR CERTAIN STATE DEPARTMENT OFFICIALS.

22 USC 2707.

22 USC 2707 note.

(a) PAY LEVELS.—The State Department Basic Authorities Act of 1956 is amended— (1) in section 3503) (22 U.S.C. 2706(b)) by inserting after the second sentence the following new sentence: "The Coordinator shall be compensated at the annual rate of pay for positions authorized by section 5315 of title 5, United States Code."; and (2) in section 203(a) (22 U.S.C. 4303(a)) by inserting at the end "The Director shall be compensated at the annual rate of pay for positions authorized by section 5315 of title 5, United States Code.". O> EFFECTIVE DATE.—The amendments made by subsection (a) t) shall take effect 30 days after the date of enactment of this Act. (c) BUDGET ACT.—Any new spending authority (as defined in

section 401(c) of the Congressional Budget Act of 1974) provided by this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. SEC. 174. AUDIT OF MERIT PERSONNEL SYSTEM OF FOREIGN SERVICE.

Reports. Discrimination, prohibition.

The Comptroller General of the United States shall conduct an audit and inspection of the operation of the merit personnel system ^^ ^j^g Foreign Service and report to the Congress, not later than one year after the date of enactment of this Act, as to any improvements in the merit personnel system that the Comptroller General considers necessary. The report of the Comptroller General shall pay particular attention to reports of racial, ethnic, sexual, and other

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1361

discriminatory practices in the recruitment, appointment, assignment, and promotion of Foreign Service employees. SEC. 175. PERFORMANCE PAY. (a) REVIEW OF PERFORMANCE PAY PROGRAMS.— (1) SUSPENSION OF AWARDS DURING REVIEW.—During

22 USC 3965 the

period beginning on the date of enactment of this Act, and ending on the date on which the Inspector General of the Department of State reports to the Congress pursuant to paragraph (2), performance pay may not be awarded under section 405 of the Foreign Service Act of 1980 (22 U.S.C. 3965) to any member of the Senior Foreign Service in the Department of State. (2) REVIEW BY INSPECTOR GENERAL.—The Inspector General of the Department of State shall conduct a complete and thorough review of— (A) the procedures in the Department of State under which performance pay recipients are chosen to determine whether the procedures and award determinations are free from bias and reflect fair standards; and (B) the adequacy of the criteria and the equity of the criteria actually applied in making those awards. The review should be conducted in accordance with generally accepted Government auditing standards. The Inspector General shall report the results of this review to the Secretary of State and to the Congress no later than May 1, 1988. (3) REPORT BY SECRETARY OF STATE.—No later than 60 days after the report of the Inspector General is submitted to the Secretary of State under paragraph (2), the Secretary shall submit to the Congress a report containing the comments of the Secretary on the report of the Inspector General and describing the actions taken and proposed to be taken by the Secretary as a result of the report.

^^

0)) CARRY-OVER OF SENIOR FOREIGN SERVICE PERFORMANCE PAY.—

Section 40503) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)) is amended— (1) in paragraph (4), by inserting at the end thereof the following: "Any amount which is not paid to a member of the Senior Foreign Service during a fiscal year because of this limitation shall be paid to that individual in a lump sum at the beginning of the following fiscal year. Any amount paid under this authority during a fiscal year shall be taken into account for purposes of applying the limitation in the first sentence of this subparagraph with respect to such fiscal year."; and (2) by adding at the end thereof the following: "(5) The Secretary of State shall prescribe regulations, consistent with section 5582 of title 5, United States Code, under which payment under this section shall be made in the case of any individual whose death precludes payment under paragraph (4) of this subsection.". SEC. 176. EXTENSION OF LIMITED APPOINTMENTS.

Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is amended— (1) by striking out "section 311(a)" and inserting in lieu thereof "subsection (b)"; (2) by inserting "(a)" after "LIMITED APPOINTMENTS.—"; and

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 101 STAT. 1362

PUBLIC LAW 100-204—DEC. 22, 1987

(3) by adding at the end the following new subsection: "(b) A limited appointment may be extended for continued service— "(1) as a consular agent; "(2) in accordance with section 311(a); <? "(3) as a career candidate, if continued service is determined appropriate to remedy a matter that would be cognizable as a grievance under chapter 11; and "(4) as a career employee in another Federal personnel system serving in a Foreign Service position on detail from another agency.". SEC. 177. CHIEF OF MISSIONS SALARY. (a) LIMITATION ON COMPENSATION.—Section 401(a) of the Foreign

22 USC 3942 note.

22 USC 5313 note.

District of Columbia.

Service Act of 1980 (22 U.S.C. 3961(a)) is amended— (1) by striking out "Except as provided in section 302(b), each" and inserting in lieu thereof "Each"; and (2) by striking out the period at the end thereof and inserting in lieu thereof ", except that the total compensation, exclusive of danger pay, for any chief of mission shall not exceed the annual rate payable for level II of such Executive Schedule. 03) SALARY.—Section 302(b) of such Act (22 U.S.C. 39420))) is amended by striking out "may elect to continue to receive" and all that follows and inserting in lieu thereof "shall receive the salary and leave (if any) of the position to which the member is appointed by the President and shall not be eligible for performance pay under chapter 4 of this Act.". (c) EFFECTIVE DATE.—The amendments made by subsections (a) and 0>) shall not apply to the salary of any individual serving under a Presidential appointment under section 302 of the Foreign Service Act of 1980 immediately before the date of the enactment of this Act during the period such individual continues to serve in such position. SEC. 178. PAY LEVEL OF AMBASSADORS AT LARGE. (a) COMPENSATION.—Chapter 53 of title 5 of the United States Code is amended— (1) in section 5313, by striking out "Ambassadors at Large."; and (2) in section 5315, by adding at the end thereof the following: "Ambassadors at Large.". (b) EFFECTIVE DATE AND LIMITATION.—The amendments made by subsection (a) shall take effect 30 days after the date of enactment of this Act and shall not affect the salary of any individual holding the rank of Ambassador at Large immediately before the date of enactment of this Act during the period such individual continues to serve in such position. SEC. 1 9 FOREIGN SERVICE CAREER CANDIDATES TAX TREATMENT. 7. (a) REPRESENTATION TO TAX AUTHORITIES.—Section 301(d)(3) of the Foreign Service Act of 1980 (22 U.S.C. 3941(d)(3)) is amended by adding at the end thereof "Foreign Service employees serving as career candidates or career members of the Service shall not represent to the income tax authorities of the District of Columbia or any other State or locality that they are exempt from income taxation on the basis of holding a Presidential appointment subject to Senate confirmation or that they are exempt on the basis of

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 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1363

serving in an appointment whose tenure is at the pleasure of the President.". (b) EFFECTIVE DATE.—The amendment made by subsection (a) 22 USC 3941 shall apply with respect to tax years beginning after December 31, note 1987. SEC. 180. PROHIBITION ON MEMBER OF A FOREIGN SERVICE UNION NEGOTIATING ON BEHALF OF THE DEPARTMENT OF STATE.

Labor disputes.

It is the sense of Congress that the Secretary of State should take steps to assure that in labor-management negotiations between the Department of State and the exclusive representative of the Foreign Service employees of the Department, those who direct and conduct negotiations on behalf of management are not also beneficiaries of the agreements made with the exclusive representative. SEC. 181. CLARIFICATION OF JURISDICTION OF FOREIGN SERVICE GRIEVANCE BOARD. (a) BOARD DECISIONS.—Section 1107(d) of the Foreign Service Act

of 1980 (22 U.S.C. 4137(d)) is amended— (1) by inserting "(D" after "(d)"; and (2) by adding at the end the following: "(2) A recommendation under paragraph (1) shall, for purposes of section 1110 of this Act, be considered a final action upon the expiration of the 30-day period referred to in such paragraph, except to the extent that it is rejected by the Secretary by an appropriate written decision. "(3)(A) If the Secretary makes a written decision under paragraph (1) rejecting a recommendation in whole or in part on the basis of a determination that implementing such recommendation would be contrary to law, the Secretary shall, within the 30-day period referred to in such paragraph— "(i) submit a copy of such decision to the Board; and "(ii) request that the Board reconsider its recommendation or, if less than the entirety is rejected, that the Board reconsider the portion rejected. "(B)(i) Within 30 days after receiving a request under subparagraph (A), the Board shall, after reviewing the Secretary's decision, make a recommendation to the Secretary either confirming, modifying, or vacating its original recommendation or, if less than the entirety was rejected, the portion involved. "(ii) Reconsideration under this subparagraph shall be limited to the question of whether implementing the Board's original recommendation, either in whole or in part, as applicable, would be contrary to law. "(C) A recommendation made under subparagraph (B) shall be considered a final action for purposes of section 1110 of this Act, and shall be implemented by the Secretary.". (h) BOARD RECOMMENDATIONS.—'The

first

sentence of section

1107(d)(l) of such Act (as amended by subsection (a) of this section) is amended by inserting ", tenure" immediately after "relates directly to promotion". (c) CAREER APPOINTMENTS.—Section 306 of such Act (22 U.S.C. 3946) is amended by adding at the end thereof the following new subsection: "(c) Nothing in this section shall be construed to limit the authority of the Secretary or the Foreign Service Grievance Board under section 1107 of this Act.".

91-194 O - 90 - 3: QL.3 Part 3

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 101 STAT. 1364

PUBLIC LAW 100-204—DEC. 22, 1987

(d) SEPARATION FOR CAUSE.—Section 610(a)(2) of such Act (22 U.S.C. 4010(a)(2)) is amended by adding after the first sentence the _. f.,,. following new sentence: "If such cause is not established at such hearing, the Grievance Board shall have the authority to direct the Department to pay reasonable attorneys fees to the extent and in the manner provided by section 1107(b)(5) of this Act.". 22 USC 3946 (e) APPLICATION.—The amendments made by this section shall not note. apply with respect to any grievance in which the Board has issued a final decision pursuant to section 1107 of the Foreign Service Act of 1980 (22 U.S.C. 4137) before the date of enactment of this Act. SEC. 182. RECORD OF GRIEVANCES AWARDED.

Classified information.

Section 1107 of the Foreign Service Act of 1980 (22 U.S.C. 4137) is hereby amended by adding the following new subsection: "(e)(1) The Board shall maintain records of all grievances awarded in favor of the grievant in which the grievance concerns gross misconduct by a supervisor. Subject to paragraph (2), the Committee on Foreign Relations of the Senate shall be provided with a copy of the grievance decision whenever such a supervisor is nominated for any position requiring the advice and consent of the Senate and the Board shall provide access to the entire record of any proceedings of the Board concerning such a grievance decision to any Member of the Committee on Foreign Relations upon a request by the Chairman or Ranking Minority Member of such committee. "(2)(A) Except as provided in subparagraph (B), all decisions, proceedings, and other records disclosed pursuant to paragraph (1) shall be treated as confidentisd and may be disclosed only to Committee members and appropriate staff. "(B) Whenever material is provided to the Committee or a Member thereof pursuant to paragraph (1), the Board shall, at the same time, provide a copy of all such material to the supervisor who is the subject of such material. "(C) A supervisor who is the subject of records disclosed to the committee pursuant to this subsection shall have the right to review such record and provide comments to the Committee concerning such record. Such comments shall be treated in a confidential manner.".

22 USC 3922a

SEC. 183. WOMEN AND MINORITIES IN THE FOREIGN SERVICE.

"° •

(a) FINDINGS.—The Congress finds that the Department of State and other Foreign Service agencies have not been successful in their efforts— (1) to recruit and retain members of minority groups in order to increase significantly the number of members of minority .^ groups in the Foreign Service; and C, (2) to provide adequate career advancement for women and members of minority groups in order to increase significantly the numbers of women and members of minority groups in the senior levels of the Foreign Service. (b) A MORE REPRESENTATIVE FOREIGN SERVICE.—The Secretary of

State and the head of each of the other agencies utilizing the Foreign Service personnel system— (1) shall substantially increase their efforts to implement effectively the plans required by section 152(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, so that "^ the Foreign Service becomes truly representative of the Amer*^^ ican people throughout all levels of the Foreign Service; and

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 370 He next told them how he was king of the Golden Mountain, and was married to a princess, and had a son seven years old. But the merchant said, "That can never be true; he must be a fine king truly who travels about in a shepherd's frock!" At this the son was vexed; and forgetting his word, turned his ring, and wished for his queen and son. In an instant they stood before him; but the queen wept, and said he had broken his word, and bad luck would follow. He did all he could to soothe her, and she at last seemed to be appeased; but she was not so in truth, and was only thinking how she should punish him.

One day he took her to walk with him out of the town, and showed her the spot where the boat was set adrift upon the wide waters. Then he sat himself down, and said, "I am very much tired; sit by me, I will rest my head in your lap, and sleep awhile." As soon as he had fallen asleep, however, she drew the ring from his finger, and crept softly away, and wished herself and her son at home in their kingdom. And when he awoke he found himself alone, and saw that the ring was gone from his finger. "I can never go back to my father's house," said he, "they would say I am a sorcerer: I will journey forth into the world, till I come again to my kingdom." So saying, he set out and travelled till he came to a hill, where three giants were sharing their father's goods; and as they saw him pass, they cried out and said, "Little men have sharp wits; he shall part the goods between us." Now there was a sword, that cut off an enemy's head whenever the wearer gave the words, "Heads off!" a cloak, that made the owner invisible, or gave him any form he pleased; and a pair of boots, that carried the wearer wherever he wished. Heinel said they must first

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