PUBLIC LAW 97-24

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300020001-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 27
• Document Creation Date: December 20, 2016
• Document Release Date: May 2, 2007
• Sequence Number: 1
• Publication Date: August 24, 1982
• Content Type: OPEN SOURCE

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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 273
Public Law 97-241
97th Congress
An Act
To authorize appropriations for fiscal years 1982 and 1983 for the Department of Aug. 24, 1982
State, the International Communication Agency, and the Board for International [S. 1193]
Broadcasting, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SEC. 101. This title may be cited as the "Department of State
Authorization Act, Fiscal Years 1982 and 1983".
(1) For "Administration of Foreign Affairs", $1,245,637,000 for
the fiscal year 1982 and $1,248,059,000 for the fiscal year 1983.
(2) For "International Organizations and Conferences",
$503,462,000 for the fiscal year 1982 and $514,436,000 for the
fiscal year 1983.
(3) For "International Commissions", $19,808,000 for the fiscal
year 1982 and $22,432,000 for the fiscal year 1983.
(4) For "Migration and Refugee Assistance", $504,100,000 for
the fiscal year 1982 and $460,000,000 for the fiscal year 1983.
SEC. 102. There are authorized to be appropriated for the Depart-
ment of State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the United
States and other purposes authorized by law, the following amounts:
REOPENING CERTAIN UNITED STATES CON3ULATEs
SEC. 103. (a) Notwithstanding any other provision of law, $400,000
of the funds available for the fiscal year 1982 for "Salaries and
Expenses" of the Department of State are hereby reprogramed for,
and shall be used by the Department for, the expenses of operating
and maintaining the consulates specified in subsection (c) of this
section.
(b) None of the funds made available under this or any other Act
for "Administration of Foreign Affairs" may be used for the estab-
lishment or operation of any United States consulate that did not
exist on the date of enactment of this Act (other than the consulates
specified in subsection (c)) until all the United States consulates
specified in subsection (c) have been reopened as required by section
108 of the Department of State Authorization Act, Fiscal Years 1980
and 1981.
(c) The consulates referred to in subsections (a) and (b) of this
section are the consulates in the following locations: Turin, Italy;
Department of
State, the
International
Communication
Agency, and the
Board for
International
Broadcasting,
appropriation
authorizations.
Department of
State
Authorization
Act, Fiscal Years
1982 and 1983.
22 USC 2656
note.
22 USC 2656
note.
22 USC 2656
note.
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Budget review.
22 USC 287e
note.
Report to
Congress.
PUBLIC LAW 97-241-AUG. 24, 1982
Salzburg, Austria; Goteborg, Sweden; Bremen, Germany; Nice,
France; Mandalay, Burma; and Brisbane, Australia.
RESTRICTIONS RELATING TO PALESTINIAN RIGHTS UNITS AND PROJECTS
PROVIDING POLITICAL BENEFITS TO THE PALESTINE LIBERATION
ORGANIZATION
SEC. 104. (a) Funds appropriated under paragraph (2) of section
102 of this Act may not be used for payment by the United States, as
its contribution toward the assessed budget of the United Nations
for any year, of any amount which would cause the total amount
paid by the United States as its assessed contribution for that year
to exceed the amount assessed as the United States contribution for
that year less-
(1) 25 percent of the amount budgeted for that year for the
Committee on the Exercise for the Inalienable Rights of the
Palestinian People (or any similar successor entity); and
(2) 25 percent of the amount budgeted for that year for the
Special Unit on Palestinian Rights (or any similar successor
entity); and
(3) 25 percent of the amount budgeted for that year for
projects whose primary purpose is to provide political benefits
to the Palestine Liberation Organization or entities associated
witll it.
(b) Funds appropriated under paragraph (2) of section 102 of this
Act may not be used for payment by the United States, as its
contribution toward the assessed budget of any specialized agency of
the United Nations for any year, of any amount which would cause
the total amount paid by the United States as its assessed contribu-
tion for that year to exceed the amount assessed as the United
States contribution for that year less 25 percent of the amount
budgeted by such agency for that year for projects whose primary
purpose is to provide political benefits to the Palestine Liberation
Organization or entities associated with it.
(c) The President shall annually review the budgets of the United
Nations and its specialized agencies to determine which projects
have the primary purpose of providing political benefit to the
Palestine Liberation Organization. The President shall report to the
Congress on any such project for which a portion of the United
States assessed contribution is withheld and the amount withheld.
(d) Subsections (a)(3) and (b) shall not be construed as limiting
United States contributions to the United Nations, or its specialized
agencies, for projects whose primary purpose is to provide humani-
tarian, educational, developmental, and other nonpolitical benefits
to the Palestinian people.
PAYMENT OF ASSESSED CONTRIBUTIONS FOR CERTAIN INTERNATIONAL
OAGANIZATION3
SEC. 105. (a) Funds authorized to be appropriated for the fiscal
year 1982 by paragraph (2) of section 102 of this Act shall be used for
payment of the entire amount payable for the United States contri-
bution for the calendar year 1982 to the Organization of American
States, to the Pan American Health Organization, and to the Inter-
American Institute for Cooperation on Agriculture.
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 275
(b) Funds authorized to be appropriated for the fiscal year 1983 by
paragraph (2) of section 102 of this Act shall be used for payment of
the entire amount payable for the United States contribution for the
calendar year 1983 to the Organization of American States, to the
Pan American Health Organization, and to the Inter-American
Institute for Cooperation on Agriculture.
(c) For purposes of this section, the term "United States contribu-
tion" means the United States assessed contribution to the budget of
the Organization of American States, the Pan American Health
Organization, or the Inter-American Institute for Cooperation on
Agriculture, as the case may be, plus amounts required to be paid by
the United States or minus amounts credited to the United States
(as appropriate) under that organization's tax equalization program.
SEC. 106. Of the amounts authorized to be appropriated by para-
graph (4) of section 102 of this Act, $1,500,000 shall be available for
the fiscal year 1982 and $1,500,000 shall be available for the fiscal
year 1983 only for the International Committee of the Red Cross to
support the activities of the protection and assistance program for
"political" detainees.
SEC. 107. Of the amounts authorized to be appropriated by para-
graph (4) of section 102 of this Act, $12,500,000 for the fiscal year
1982 and $16,875,000 for the fiscal year 1983 shall be available only
for assistance for the resettlement in Israel of refugees from the
Union of Soviet Socialist Republics, from Communist countries in
Eastern Europe, and from other countries.
UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL
ORGANIZATION
SEC. 108. (a) The Congress finds that-
(1) afree press is vital to the functioning of free governments;
(2) Article 19 of the Universal Declaration of Human Rights
provides for the right to freedom of expression and to "seek,
receive, and impart information and ideas through any media
and regardless of frontiers";
(3) the Constitution of the United Nations Educational, Scien-
tific and Cultural Organization provides for the promotion of
"the free flow of ideas by word and image";
(4) the signatories of the Final Act of the Conference on
Security and Cooperation in Europe (Helsinki, 1975) pledged
themselves "to facilitate the freer and wider dissemination of
information of all kinds, to encourage co-operation in the field
of information and the exchange of information with other
countries, and to improve the conditions under which journal-
ists from one participating State exercise their profession in
another participating State'; and
(5) government censorship, domination, or suppression of a
free press is a danger to free men and women everywhere.
(b) Therefore, it is the sense of the Congress that the United
Nations Educational, Scientific and Cultural Organization should
"United States
contribution.
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96 STAT. 276 PUBLIC LAW 97-241-AUG. 24, 1982
Report to
Congress.
22 USC 287r
note.
Ante, p. 273.
Report to
Congress.
cease efforts to attempt to regulate news content and to formulate
rules and regulations for the operation of the world press.
(c) The Congress opposes efforts by some countries to control
access to and dissemination of news.
(d) The President shall evaluate and, not later than six months
after the date of enactment of this Act, shall report to the Congress
his assessment of-
(1) the extent to which United States financial contributions
to the United Nations Educational, Scientific and Cultural
Organization, and the extent to which the programs and activ-
ities of that Organization, serve the national interests of the
United States;
(2) the programs and activities of the United Nations Educa-
tional, Scientific and Cultural Organization, especially its pro-
grams and activities in the communications sector; and
(3) the quality of United States participation in the United
Nations Educational, Scientific and Cultural Organization,
including the quality of United States diplomatic efforts with
respect to that Organization, the quality of United States repre-
sentation in the Secretariat of that Organization, and the qual-
ity of recruitment of United States citizens to be employed by
that Organization.
Such report should include the President's recommendations regard-
ing any improvements v~Thich should be made in the quality and
substance of United States representation in the United Nations
Educational, Scientific and Cultural Organization.
RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATION3
EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION
SEC. 109. (a) None of the funds authorized to be appropriated by
paragraph (2) of section 102 of this Act or by any other Act for
"International Organizations and Conferences" may be used for
payment by the United States of its contribution toward the
assessed budget of the United Nations Educational, Scientific and
Cultural Organization if that organization implements any policy or
procedure the effect of which is to license journalists or their
publications, to censor or otherwise restrict the free flow of informa-
tion within or among countries, or to impose mandatory. codes of
journalistic practice or ethics.
(b) Not later than February 1 of each year, the Secretary of State
shall report to the Congress with respect to whether the United
Nations Educational, Scientific and Cultural Organization has taken
any action described in subsection (a) of this section.
SEC. 110. In addition to the amounts authorized to be appropriated
by section 102 of this Act, there are authorized to be appropriated to
the Secretary of State $3,700,000 for the fiscal year 1982 and
$3,700,000 for the fiscal year 1983 for payment of the United States
share of expenses of the science and technology agreements between
the United States and Yugoslavia and between the United States
and Poland.
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 277
SEC. 111. In addition to the amounts authorized to be appropriated
by section 102 of this Act, there are authorized to be appropriated to
the Secretary of State $4,500,000 for the fiscal year 1982 and
$4,500,000 for the fiscal year 1983 for the Asia Foundation in
furtherance of that organization's purposes as described in its
charter. Amounts appropriated under this section shall be made
available to the Asia Foundation by the Secretary of State in
accordance with the terms and conditions of a grant agreement to be
negotiated between the Secretary and the Foundation.
SEC. 112. (a) Section 24(b) of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2696(b)) is amended to read as follows:
"(b)(1) In order to maintain the levels of program activity for the
Department of State provided for each fiscal year by the annual
authorizing legislation, there are authorized to be appropriated for
the Department of State such sums as may be necessary to offset
adverse fluctuations in foreign currency exchange rates, or overseas
wage and price changes, which occur after November 30 of the
earlier of-
"(A) the calendar year which ended during the fiscal year
preceding such fiscal year, or
"(B) the calendar year which preceded the calendar year
during which the authorization of appropriations for such fiscal
year was enacted.
"(2) In carrying out this subsection, there may be established a
Buying Power Maintenance account.
` (3) In order to eliminate substantial gains to the approved levels
of overseas operations for the Department of State, the Secretary of
State shall transfer to the Buying Power Maintenance account such
amounts in any appropriation account under the heading `Adminis-
tration of Foreign Affairs' as the Secretary determines are excessive
to the needs of the approved level of operations under that appropri-
ation account because of fluctuations in foreign currency exchange
rates or changes in overseas wages and prices.
"(4) In order to offset adverse fluctuations in foreign currency
exchange rates or overseas wage and price changes, the Secretary of
State may transfer from the Buying Power Maintenance account to
any appropriation account under the heading `Administration of
Foreign Affairs' such amounts as the Secretary determines are
necessary to maintain the approved level of operations under that
appropriation account.
`(5) Funds transferred by the Secretary of State from the Buying
Power Maintenance account to another account shall be merged
with and be available for the same purpose, and for the same time
period, as the funds in that other account. Funds transferred by the
Secretary from another account to the Buying Power Maintenance
account shall be merged with the funds in the Buying Power
Maintenance account and shall be available for the purposes of that
account until expended.
"(6) Any restriction contained in an appropriation Act or other
provision of law limiting the amounts available for the Department
of State that may be obligated or expended shall be deemed to be
adjusted to the extent necessary to offset the net effect of fluctu-
Buying Power
Maintenance
account.
Transfer of
funds.
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96 STAT. 278 PUBLIC LAW 97-241-AUG. 24, 1982
ations in foreign currency exchange rates or overseas wage and
price changes in order to maintain approved levels.".
(b) Section 704(c) of the United States Information and Educa-
tional Exchange Act of 1948 (22 U.S.C. 1477b(c)) is amended-
(1) by inserting ", or overseas wage and price changes,"
immediately after "foreign currency exchange rates"; and
(2) by striking out "preceding fiscal year" and inserting in
lieu thereof "earlier of (1) the calendar year which ended during
the fiscal year preceding such fiscal year, or (2) the calendar
year which preceded the calendar year during which the
authorization of appropriations for such fiscal year was
enacted".
(c) Section 8(a)(2) of the Board for International Broadcasting Act
of 1973 (22 U.S.C. 2287(ax2)) is amended-
(1) in the first sentence, by inserting ", or overseas wage and
price changes," immediately after "foreign currency exchange
rates";
(2) in the first sentence, by striking out "preceding fiscal
year" and inserting in lieu thereof "earlier of (A) the calendar
year which ended during the fiscal year preceding such fiscal
year, or (B) the calendar year which preceded the calendar year
during which the authorization of appropriations for such fiscal
year was enacted"; and
(3) in the second sentence, by inserting "or such changes"
immediately after "such fluctuations".
SEC. 113. Paragraph (1) of the first section of the joint resolution
entitled "Joint Resolution to provide for membership of the United
States in the Pan American Institute of Geography and History; and
to authorize the President to extend an invitation for the next
general assembly of the institute to meet in the United States in
1935, and to provide an appropriation for expenses thereof',
approved August 2, 1935 (22 U.S.C. 273), is amended by striking out
", not to exceed $200,000 annually,".
INTERNATIONAL IN3TITUTE FOR THE UNIFICATION OF PRIVATE LAW
AND THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW
SEC. 114. Section 2 of the joint resolution entitled "Joint Resolu-
tion to provide for participation by the Government of the United
States in the Hague Conference on Private International Law and
the International (Rome) Institute for the Unification of Private
Law, and authorizing .appropriations therefor", approved December
30, 1963 (22 U.S.C. 269g-1), is amended by striking out ", except
that" and all that follows through "that year".
SEC. 115. Section 2(a) of the joint resolution entitled "Joint Resolu-
tion providing for participation by the Government of the United
States in the Pan American Railway Congress, and authorizing an
appropriation therefor", approved June 28, 1948 (22 U.S.C. 280k), is
amended by striking out `Not more than $15,000 annually" and
inserting in lieu thereof "Such sums as may be necessary".
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 279
SEC. 116. (a) The first sentence of section 1 under the heading
"FEES FOR PASSPORTS AND VISES" of the Act of June 4, 1920 (22 U.S.C.
214), is amended to read as follows: "There shall be collected and
paid into the Treasury of the United States a fee, prescribed by the
Secretary of State by regulation, for each passport issued and a fee,
prescribed by the Secretary of State by regulation, for executing
each application for a passport.".
(bXl) Section 2 of the Act entitled "An Act to regulate the issue
and validity of passports, and for other purposes", approved July 3,
1926 (22 U.S.C. 217a), is amended to read as follows:
"SEC. 2. A passport shall be valid for a period of ten years from the
date of issue, except that the Secretary of State may limit the
validity of a passport to a period of less than ten years in an
individual case or on a general basis pursuant to regulation.".
(2) The amendment made by this subsection applies with respect
to passports issued after the date of enactment of this Act.
SEC. 117. The State Department Basic Authorities Act of 1956 is
amended by inserting the following new section 33 immediately
after section 32 and by redesignating existing section 33 as section
34:
"SEC. 33. The following documents shall have the same force and
effect as proof of United States citizenship as certificates of naturali-
zation or of citizenship issued by the Attorney General or by a court
having naturalization jurisdiction:
"(1) A passport, during its period of validity (if such period is
the maximum period authorized by law), issued by the Secre-
tary of State to a citizen of the United States.
"(2) The report, designated as a `Report of Birth Abroad of a
Citizen of the-.United States', issued by a consular officer to
document a citizen born abroad.".
UNITED STATES REPRESENTATIVE TO INTERNATIONAL ORGANIZATIONS
IN VIENNA
SEC. 118. Section 2 of the United Nations Participation Act of 1945
(22 U.S.C. 287) is amended by adding at the end thereof the following
new subsection:
"(h) The President, by and with the advice and consent of the
Senate, shall appoint a representative of the United States to the
Vienna office of the United Nations with appropriate rank and
status, who shall serve at the pleasure of the President and subject
to the direction of the Secretary of State. Such individual shall, at
the direction of the .Secretary of State, represent the United States
at the Vienna office of the United Nations and perform such other
functions there in connection with the participation of the United
States in international organizations as the Secretary of State from
time to time may direct.".
Effective date.
22 USC 217a
note.
22 USC 2651
note.
22 USC 2705.
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96 STAT. 280 PUBLIC LAW 97-241-AUG. 24, 1982
LIVING QUARTERS FOR THE STAFF OF THE UNITED STATES
REPRESENTATIVE TO THE UNITED NATIONS
"International
telecommu-
nications
meeting or
conference."
SEC. 119. Section 8 of the United Nations Participation Act of 1945
(22 U.S.C. 287e) is amended-
(1) by striking out "representative of the United States to the
United Nations referred to in paragraph (a) of section 2 hereof'
and inserting in lieu thereof "representatives provided for in
section 2 of this Act and of their appropriate staffs"; and
(2) by adding at the end thereof the following: "Any payments
made by'United States Government personnel for occupancy by
them of living quarters leased or rented under this section shall
be credited to the appropriation, fund, or account utilized by the
Secretary of State for such lease or rental or to the appropri-
ation, fund, or account currently available for such purpose.".
PRIVATE SECTOR REPRESENTATIVES ON UNITED STATES DELEGATIONS TO
INTERNATIONAL TELECOMMUNICATIONS MEETINGS AND CONFERENCES
SEC. 120. (a) Sections 203, 205, 207, and 208 of title 18, United
States Code, shall not apply to a private sector representative on the
United States delegation to an international telecommunications
meeting or conference who is specifically designated to speak on
behalf of or otherwise represent the interests of the United States at
such meeting or conference with respect to a particular matter, if
the Secretary of State (or the Secretary's designee) cert~es that no
Government employee on the delegation is as well qualified to
represent United States interests with respect to such matter and
that such designation serves the national interest. All such repre-
sentatives shall have on file with the Department of State the
financial disclosure report required for special Government
employees.
(b) As used in this section, the term "international telecommuni-
cations meeting or conference" means the conferences of the Inter-
national Telecommunications Union, meetings of its International
Consultative Committees for Radio and for Telephone and Tele-
graph, and such other international telecommunications meetings
or conferences as the Secretary of State may designate.
SEC. 121. The State Department Basic Authorities Act of 1956 is
amended by inserting the following new section immediately after
section 13:
"SEC. 14. (a) Any contract for the procurement of property or
services, or both, for the Department of State or the Foreign Service
which is funded on the basis of annual appropriations may neverthe-
less be made for periods not in excess of 5 years when-
"(1) appropriations are available and adequate for payment
for the first fiscal year and for all potential cancellation costs;
and
"(2) the Secretary of State determines that-
"(A) the need of the Government for the property or
service being acquired over the period of the contract is
reasonably firm and continuing;
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 281
"(B) such a contract will serve the best interests of the
United States by encouraging effective competition or pro-
moting economies in performance and operation; and
"(C) such a method of contracting will not inhibit small
business participation.
"(b) In the event that funds are not made available for the
continuation of such a contract into a subsequent fiscal year, the
contract shall be cancelled and any cancellation costs incurred shall
be paid from appropriations originally available for the performance
of the contract, appropriations currently available for the acquisi-
tion of similar property or services and not otherwise obligated, or
appropriations made for such cancellation payments.".
SEC. 122. The State Department Basic Authorities Act of 1956 is
amended by inserting the following new section immediately after
section 15:
"SEC. 16. The first section of the Act of August 16, 1941 (42 U.S.C.
1651; commonly known as the `Defense Base Act') shall not apply
with respect to such contracts as the Secretary of State may deter-
mine which are contracts with persons employed to perform work
for the Department of State or the Foreign Service on an intermit-
tent basis for not more than 90 days in a calendar year.".
SEC. 123. Section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927) is amended by adding at the end thereof the following new
subsection:
"(c) Each chief of mission to a foreign country shall have as a
principal duty the promotion of United States goods and services for
export to such country.".
SEC. 124. Section 402(a) of the Foreign Service Act of 1980 (22
U.S.C. 3962(a)) is amended-
(1) by inserting "(1)" immediately after "(a)";
(2) by inserting immediately after the first sentence the fol-
lowing new sentence: "The President shall also prescribe one or
more basic salary rates for each class."; and
(3) by adding at the end thereof the following new paragraph:
"(2) The Secretary shall determine which of the basic salary rates
prescribed by the President under paragraph (1) for any salary class
shall be paid to each member of the Senior Foreign Service who is
appointed to that class. The Secretary may adjust the basic salary
rate of a member of the Senior Foreign Service not more than once
during any 12-month period.".
SEC. 125. The Foreign Service Act of 1980 is amended-
(1) in section 704(b)(2) (22 U.S.C. 4024(b)(2)) by striking out
"411" and inserting in lieu thereof "412"; and
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96 STAT. 282 PUBLIC LAW 97-241-AUG. 24, 1982
Report to
Congress.
List of Soviet
nationals,
submittal to
Congress.
22 USC 2458
note.
Foreign Missions
Act.
22 USC 4301
note.
(2) in section 814(ax3) (22 U.S.C. 4054(a)(3)) by striking out
"on" the second place it appears in the first sentence and
inserting in lieu thereof "or".
SCIENTIFIC EXCHANGE ACTIVITIES WITH THE SOVIET UNION
SEC. 126. (a) Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit to the Congress a report
with respect to the individual exchange activities conducted pursu-
ant to the 11 agreements for cooperation in specialized fields which
were entered into by the United States and the Union of Soviet
Socialist Republics between 1972 and 1974. This report shall
include-
(1) anassessment of the risk of the transfer to the Soviet
Union of militarily significant technology through research,
exchanges, and other activities conducted pursuant to those
agreements; and
(2) a detailed description on the exchanges and other activi-
ties conducted pursuant to those agreements during fiscal year
1981 and fiscal year 1982, including-
(A) the areas of cooperation,
(B) the specific research and projects involved,
(C) the man-hours spent in short-term (less than 60 days)
and long-term exchanges,
(D) the level of United States and Soviet funding in each
such fiscal year, and
(E) an assessment of the equality or inequality in value of
the information exchanged.
(b) The Secretary of State shall prepare the report required by
subsection (a) in consultation and cooperation with the heads of the
other agencies involved in the exchange and other cooperative
activities conducted pursuant to the agreements described in that
subsection.
(c) Not later than July 1 of each year, the Secretary of State
shall submit to the Congress a list of the Soviet nationals participat-
ing during the upcoming academic year in the United States-Union
of Soviet. Socialist Republics graduate student/young faculty
exchange or in the United States-Union of Soviet Socialist Republics
senior scholar exchange, their topics of study, and where they are to
study. This report shall also include a determination by the Secre-
tary of State, in consultation with the heads of the other agencies
involved in these exchange programs, that these exchange programs
will not jeopardize United States national security interests.
TITLE II-FOREIGN MISSIONS
SHOAT TITLE
SEC. 201. This title may be cited as the "Foreign Missions Act".
REGULATION OF FOREIGN MISSION3
SEC. 202. (a) The State Department Basic Authorities Act of 1956
is amended by striking out "That the Secretary" in the first section
and inserting in lieu thereof the following:
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 283
"TITLE I-BASIC AUTHORITIES GENERALLY
"SECTION 1. The Secretary".
(b) That Act is further amended by adding at the end thereof the
following:
"TITLE II-AUTHORITIES RELATING TO THE REGULATION
OF FOREIGN MISSIONS
"DECLARATION OF FINDINGS AND POLICY
"SEC. 201. (a) The Congress finds that the operation in the United
States of foreign missions and public international organizations
and the official missions to such organizations, including the permis-
sible scope of their activities and the location and size of their
facilities, is a proper subject for the exercise of Federal jurisdiction.
"(b) The Congress declares that it is the policy of the United
States to support the secure and efficient operation of United States
missions abroad, to facilitate the secure and efficient operation in
the United States of foreign missions and public international orga-
nizations and the official missions to such organizations, and to
assist in obtaining appropriate benefits, privileges, and immunities
for those missions and organizations and to require their observance
of corresponding obligations in accordance with international law.
"(c) The treatment to be accorded to a foreign mission in the
United States shall be determined by the Secretary after due consid-
eration of the benefits, privileges, and immunities provided to mis-
sions of the United States in the country or territory represented by
that foreign mission.
"DEFINITIONS
"SEC. 202. (a) For purposes of this title-
"(1) `benefit' (with respect to a foreign mission) means any
acquisition, or authorization for an acquisition, in the United
States by or for a foreign mission, including the acquisition of-
"(A) real property by purchase, lease, exchange, construc-
tion, or otherwise,
"(B) public services, including services relating to
customs, importation, and utilities, and the processing of
applications or requests relating to public services,
`(C) supplies, maintenance, and transportation,
"(D) locally engaged staff on a temporary or regular basis,
"(E) travel and related services, and
"(F) protective services,
and includes such other benefits as the Secretary may desig-
nate;
"(2) `chancery' means the principal offices of a foreign mission
used for diplomatic or related purposes, and annexes to such
offices (including ancillary offices .and support facilities), and
includes the site and any building on such site which is used for
such purposes;
"(3) `Director' means the Director of the Office of Foreign
Missions established pursuant to section 203(a);
"(4) `foreign mission' means any official mission to the United
States involving diplomatic, consular, or other governmental
activities of-
"(A) aforeign government, or
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96 STAT. 284 PUBLIC LAW 97-241-AUG. 24, 1982
Establishment.
22 USC 4306.
Director,
appointment.
"(B) an organization (other than an international organi-
zation, as defined in section 209(b) of this title) representing
a territory or political entity which has been granted diplo-
matic or other official privileges and immunities under the
laws of the United States,
including any real property of such a mission and including the
personnel of such a mission;
"(5) `real property' includes any right, title, or interest in a
to, or the beneficial use of, any real prcperty in the United
States, including any office or other building;
"(6) `Secretary' means the Secretary of State;
"(7) `sending State' means the foreign government, territory,
or political entity represented by a foreign mission; and
` (8) `United States' means, when used in a geographic sense,
the several States, the District of Columbia, the Commonwealth
of Puerto Rico, and the territories and possessions of the United
States.
"(b) Determinations with respect to the meaning and applicability
of the terms used in subsection (a) shall be committed to the
discretion of the Secretary.
"OFFICE OF FOREIGN MISSIONS
"SEC. 203. (a) The Secretary shall establish an Office of Foreign
Missions as an office within the Department of State. The Office
shall be headed by a Director, appointed by the Secretary, who shall
perform his or her functions under the supervision and direction of
the Secretary. The Secretary may delegate this authority for super-
vision and direction of the Director only to the Deputy Secretary of
State or an Under Secretary of State.
"(b) The Secretary may authorize the Director to-
"(1) assist agencies of Federal, State, and municipal govern-
ment with regard to ascertaining and according benefits, privi-
leges, and immunities to which a foreign mission may be enti-
tled;
"(2) provide or assist in the provision of benefits for or on
behalf of a foreign mission in accordance with section 204; and
"(3) perform such other functions as the Secretary may deter-
mine necessary in furtherance of the policy of this title.
"PROVISION OF BENEFITS
"SEC. 204. (a) Upon the request of a foreign mission, benefits may
be provided to or for that foreign mission by or through the Director
on such terms and conditions as the Secretary may approve.
"(b) If the Secretary determines that such action is reasonably
necessary on the basis of reciprocity or otherwise-
"(1) to facilitate relations between the United States and a
sending State,
"(2) to protect the interests of the United States,
"(3) to adjust for costs and procedures of obtaining benefits for
missions of the United States abroad, or
"(4) to assist in resolving a dispute affecting United States
interests and involving a foreign mission or sending State,
then the Secretary may require a foreign mission (A) to obtain
benefits from or through the Director on such terms and conditions
as the Secretary may approve, or (B) to comply with such terms and
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 285
conditions as the Secretary may determine as a condition to the
execution or performance in the United States of any contract or
other agreement, the acquisition, retention, or use of any real
property, or the application for or acceptance of any benefit (includ-
ing any benefit from or authorized by any Federal, State, or munici-
pal governmental authority, or any entity providing public services).
"(c) Terms and conditions established by the Secretary under this
section may include-
"(1) arequirement to pay to the Director a surcharge or fee,
and
"(2) a waiver by a foreign mission (or any assignee of or
person deriving rights from a foreign mission) of any recourse
against any governmental authority, any entity providing
public services, any employee or agent of such an authority or
entity, or any other person, in connection with any action
determined by the Secretary to be undertaken in furtherance of
this title.
"(d) For purposes of effectuating a waiver of recourse which is
required under this section, the Secretary may designate the Direc-
tor or any other officer of the Department of State as the agent of a
foreign mission (or of any assignee of or person deriving rights from
a foreign mission). Any such waiver by an officer so designated shall
for all purposes (including any court or administrative proceeding)
be deemed to be a waiver by the foreign mission (or the assignee of
or other person deriving rights from a foreign mission).
"(e) Nothing in this section shall be deemed to preclude or limit in
any way the authority of the United States Secret Service to provide
protective services pursuant to section 202 of title 3, United States
Code, or section 3056 of title 18, United States Code, at a level
commensurate with protective requirements as determined by the
United States Secret Service.
"PROPERTY OF FOREIGN MISSIONS
"SEC. 205. (a)(1) The Secretary may require any foreign mission to
notify the Director prior to any proposed acquisition, or any pro-
posed sale or other disposition, of any real property by or on behalf
of such mission. If such a notification is requlred, the foreign
mission (or other party acting on behalf of the foreign mission) may
initiate or execute any contract, proceeding, application, or other
action required for the proposed action-
"(A) only after the expiration of the 60-day period beginning
on the date of such notification (or after the expiration of such
shorter period as the Secretary may specify in a given case); and
"(B) only if the mission is not notified by the Secretary within
that period that the proposal has been disapproved; however,
the Secretary may include in such a notification such terms and
conditions as the Secretary may determine appropriate in order
to remove the disapproval.
"(2) For purposes of this section, `acquisition' includes any acquisi-
tion or alteration of, or addition to, any real property or any change
in the purpose for which real property is used by a foreign mission.
"(b) The Secretary may require any foreign mission to divest itself
of, or forgo the use of, any real property determined by the
Secretary-
"(1) not to have been acquired in accordance with this section;
or
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96 STAT. 286 PUBLIC LAW 97-241-AUG. 24, 1982
"(2) to exceed limitations placed on real property available to
a United States mission in the sending State.
"(c) If a foreign mission has ceased conducting diplomatic, con-
sular, and other governmental activities in the United States and
has not designated a protecting power or other agent approved by
'the Secretary to be responsible for the property of that foreign
mission, the Secretary-
"(1) until the designation of a protecting power or other agent
approved by the Secretary, may protect and preserve any prop-
erty of that foreign mission; and
"(2) may authorize the Director to dispose of such property at
such time as the Secretary may determine after the expiration
of the one-year period beginning on the date that the foreign
mission ceased those activities, and may remit to the sending
State the net proceeds from such disposition.
Notice;
publication in
D.C. Register.
"LOCATION OF FOREIGN MISSION3 IN THE DISTRICT OF COLUMBIA
"SEC. 206. (a) The location, replacement, or expansion of chancer-
ies in the District of Columbia shall be subject to this section.
"(b)(1) A chancery shall be permitted to locate as a matter of right
in any area which is zoned commercial, industrial, waterfront, or
mixed-use (CR).
"(2) A chancery shall also be permitted to locate-
"(A) in any area which is zoned medium-high or high density
residential, and
"(B) in any other area, determined on the basis of existing
uses, which includes office or institutional uses, including but
not limited to any area zoned mixed-use diplomatic or special
purpose,
subject to disapproval by the District of Columbia Board of Zoning
Adjustment in accordance with this section.
"(3) In each of the areas described in paragraphs (1) and (2), the
limitations and conditions applicable to chanceries shall not exceed
those applicable to other office or institutional uses in that area.
"(c)(1) If a foreign mission wishes to locate a chancery in an area
described in subsection (bx2), or wishes to appeal an administrative
decision relating to a chancery based in whole or in part upon any
zoning map or regulation, it shall file an application with the Board
of Zoning Adjustment which shall publish notice of that application
in the District of Columbia Register.
"(2) Regulations issued to carry out this section shall provide
appropriate opportunities for participation by the public in proceed-
ings concerning the location, replacement, or expansion of
chanceries.
"(3) A final determination concerning the location, replacement,
or expansion of a chancery shall be made not later than six months
after the date of the filing of an application with respect to such
location, replacement, or expansion. Such determination shall not
be subject to the administrative proceedings of any other agency or
official except as provided in this title.
"(d) Any determination concerning the location of a chancery,
under subsection (b)(2), or concerning an appeal of an administrative
decision with respect to a chancery based in whole or in part upon
any zoning regulation or map, shall be based solely on the following
criteria:
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 287
"(1) The international obligation of the United States to
facilitate the provision of adequate and secure facilities for
foreign missions in the Nation's Capital.
"(2) Historic preservation, as determined by the Board of
Zoning Adjustment in carrying out this section; and in order to
ensure compatibility with historic landmarks and districts, sub-
stantial compliance with District of Columbia and Federal regu-
lations governing historic preservation shall be required with
respect to new construction and to demolition of or alteration to
historic landmarks.
"(3) The adequacy of off-street or other parking and the
extent to which the area will be served by public transportation
to reduce parking requirements, subject to such special security
requirements as may be determined by the Secretary, after
consultation with Federal agencies authorized to perform pro-
tective services.
"(4) The extent to which the area is capable of being ade-
quately protected, as determined by the Secretary, after consul-
tation with Federal agencies authorized to perform protective
services.
"(5) The municipal interest, as determined by the Mayor of
the District of Columbia.
"(6) The Federal interest, as determined by the Secretary.
"(e)(1) Regulations, proceedings, and other actions of the National
Capital Planning Commission, the Zoning Commission for the Dis-
trict of Columbia, and the Board of Zoning Adjustment affecting the
location, replacement, or expansion of chanceries shall be consistent
with this section (including the criteria set out in subsection (d)) and
shall reflect the policy of this title.
"(2) Proposed actions of the Zoning Commission concerning imple-
mentation of this section shall be referred to the National Capital
Planning Commission for review and comment.
"(fl Regulations issued to carry out this section shall provide for
proceedings of arule-making and not of an adjudicatory nature.
"(g) The Secretary shall require foreign missions to comply sub-
stantially with District of Columbia building and related codes in a
manner determined by the Secretary to be not inconsistent with the
international obligations of the United States.
"(h) Approval by the Board of Zoning Adjustment or the Zoning
Commission or, except as provided in section 205, by any other
agency or official is not required-
"(1) for the location, replacement, or expansion of a chancery
to the extent that authority to proceed, or rights or interests,
with respect to such location, replacement, or expansion were
granted to or otherwise acquired by the foreign mission before
the effective date of this section; or
"(2) for continuing use of a chancery by a foreign mission to
the extent that the chancery was being used by a foreign
mission on the effective date of this section.
"(i)(1) The President may designate the Secretary of Defense, the
Secretary of the Interior, or the Administrator of General Services
(or such alternate as such official may from time to time designate)
to serve as a member of the Zoning Commission in lieu of the
Director of the National Park Service whenever the President deter-
mines that the Zoning Commission is performing functions concern-
ing the implementation of this section.
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96 STAT. 288 PUBLIC LAW 97-241-AUG. 24, 1982
Regulations.
22 USC 4308.
Experts and
consultants.
Contracts and
subcontracts for
supplies or
services.
"(2) Whenever the Board of Zoning Adjustment is performing
functions regarding an application by a foreign mission with respect
to the location, expansion, or replacement of a chancery-
"(A) the representative from the Zoning Commission shall be
the Director of the National Park Service or if another person
has been designated under paragraph (1) of this subsection, the
person so designated; and
"(B) the representative from the National Capital Planning
Commission shall be the Executive Director of that Commission.
"(j) Provisions of law (other than this title) applicable with respect
to the location, replacement, or expansion of real property in the
District of Columbia shall apply with respect to chancerles only to
the extent that they are consistent with this section.
"PREEMPTION
"SEC. 207. Notwithstanding any other law, no act of any Federal
agency shall be effective to confer or deny any benefit with respect
to any foreign mission contrary to this title. Nothing in section 202,
203, 204, or 205 may be construed to preempt any State or municipal
law or governmental authority regarding zoning, land use, health,
safety, or welfare, except that a denial by the Secretary involving a
benefit for a foreign mission within the jurisdiction of a particular
State or local government shall be controlling.
"GENERAL PROVI3ION3
"SEC. 208. (a) The Secretary may issue such regulations as the
Secretary may determine necessary to carry out the policy of this
title.
"(b) Compliance with any regulation, instruction, or direction
issued by the Secretary under this title shall to the extent thereof be
a full acquittance and discharge for all purposes of the obligation of
the person making the same. No person shall be held liable in any
court or administrative proceeding for or with respect to anything
done or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, this title, or any regulation,
instruction, or direction issued by the Secretary under this title.
"(c) For purposes of administering this title-
"(1) the Secretary may accept details and assignments of
employees of Federal agencies to the Office of Foreign Missions
on a reimbursable or nonreimbursable basis (with any such
reimbursements to be credited to the appropriations made avail-
able for the salaries and expenses of officers and employees of
the employing agency); and
"(2) the Secretary may, to the extent necessary to obtain
services without delay, exercise his authority to employ experts
and consultants under section 3109 of title 5, United States
Code, without requiring compliance with such otherwise appli-
cable requirements for that employment as the Secretary may
determine, except that such employment shall be terminated
after 60 days if by that time those requirements are not com-
plied with.
"(d) Contracts and subcontracts for supplies or services, including
personal services, made by or on behalf of the Director shall be
made after advertising, in such manner and at such times as the
Secretary shall determine to be adequate to ensure notice and
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opportunity for competition, except that advertisement shall not be
required when (1) the Secretary determines that it is impracticable
or will not permit timely performance to obtain bids by advertising,
or (2) the aggregate amount involved in a purchase of supplies or
procurement of services does not exceed $10,000. Such contracts and
subcontracts may be entered into without regard to laws and regula-
tions otherwise applicable to solicitation, negotiation, administra-
tion, and performance of government contracts. In awardingg
contracts, the Secretary ma consider such factors as relative qual-
ity and availability of supplies or services and the compatibility of
the supplies or services with implementation of this title.
"(e) The head of any Federal agency may, for purposes of this
title-
"(1) transfer or loan any property to, and perform administra-
tive and technical support functions and services for the oper-
ations of, the Office of Foreign Missions (with reimbursements
to agencies under this paragraph to be credited to the current
applicable appropriation of the agency concerned); and
`(2) acquire and accept services from the Office of Foreign
Missions, including (whenever the Secretary determines it to be
in furtherance of the purposes of this title) acquisitions without
regard to laws normally applicable to the acquisition of services
by such agency.
"(f) Assets of or under the control of the Office of Foreign Mis-
sions, wherever situated, which are used by or held for the use of a
foreign mission shall not be subject to attachment, execution,
injunction, or similar process, whether intermediate or final.
"(g) Except as otherwise provided, an determination required
under this title shall be committed to the discretion of the Secretary.
"(h)(1) In order to implement this title, the Secretary may transfer
to the working capital fund established by section 13 of this Act such
amounts available to the Department of State as may be necessary.
"(2) All revenues, including proceeds from gifts and donations,
received by the Director or the Secretary in ca gout this title
may be credited to the working capital fund established by section
13 of this Act and shall be available for purposes of this title in
accordance with that section.
"(3) Only amounts transferred or credited to the working capital
fund established by section 13 of this Act may be used in carrying
out the functions of the Secretary or the Director under this title.
"APPLICATION TO PUBLIC INTERNATIONAL ORGANIZATIONS AND
OFFICIAL MISSION3 TO SUCH ORGANIZATION3
"SEC. 209. (a) The Secretary may make section 206, or any other
provision of this title, applicable with respect to an international
organization to the same extent that it is applicable with respect to
a foreign mission if the Secretary determines that such application
is necessary to carry out the policy set forth in section 201(b) and to
further the objectives set forth in section 204(b).
"(b) For purposes of this section, `international organization'
means-
"(1) apublic international organization designated as such
pursuant to the International Organizations Immunities Act (22
U.S.C. 288-288f-2) or a public international organization cre-
ated pursuant to a treaty or other international agreement as
an instrument through or by which two or more foreign govern-
Ante, p. 286.
22 USC 4309.
Ante, p. 283.
Ante, p. 284.
"International
organization.
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96 STAT. 290 PUBLIC LAW 97-241-AUG. 24, 1982
ments engage in some aspect of their conduct of international
affairs; and
"(2) an official mission (other than a United States mission) to
such a public international organization,
including any real property of such an organization or mission and
including the personnel of such an organization or mission.
"PRIVILEGES AND IMMUNITIES
"SEC. 210. Nothing in this title shall be construed to limit the
authority of the United States to carry out its international obliga-
tions, or to supersede or limit immunities otherwise available by
law. No act or omission by any foreign mission, public international
organization, or official mission to such an organization, in compli-
ance with this title shall be deemed to be an implied waiver of any
immunity otherwise provided for by law.
"ENFORCEMENT
"SEC. 211. (a) It shall be unlawful for any person to make available
any benefits to a foreign mission contrary to this title. The United
States, acting on its own behalf or on behalf of a foreign mission, has
standing to bring or intervene in an action to obtain compliance
with this title, including any action for injunctive or other equitable
relief.
"(b) Upon the request of any Federal agency, any State or local
government agency, or an business or other person that proposes to
enter into a contract or ot~er transaction with a foreign mission, the
Secretary shall advise whether the proposed transaction is prohib-
ited by any regulation or determination of the Secretary under this
title.
"PRESIDENTIAL GUIDELINES
"SEC. 212. The authorities granted to the Secretary pursuant to
the provisions of this title shall be exercised in accordance with
procedures and guidelines approved by the President.
"SEVERABILITY
"SEC. 213. If any provision of this title or the application thereof to
any person or circumstance is held invalid, the remainder of this
title and the application of such provision to any other person or
circumstance shall not be affected thereby.".
SEC. 203. (a) Section 13 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2684) is amended in the first sentence by
striking out "and" following the semicolon at the end of clause (3),
and by inserting immediately before the period at the end of the
sentence the following: ` ; and (5) services and supplies to carry out
title II of this Act".
(b)(1) Subparagraph (A) of section 2(1) of the Diplomatic Relations
.Act (22 U.S.C. 254a(1)(A)) is amended to read as follows:
"(A) the head of a mission and those members of a
mission who are members of the diplomatic staff or who,
pursuant to law, are granted equivalent privileges and
immunities,".
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 291
(2) Section 3(b) of such Act (22 U.S.C. 254b) is amended to read as
follows:
"(b) With respect to a nonparty to the Vienna Convention, the
mission, the members of the mission, their families, and diplomatic
couriers shall enjoy the privileges and immunities specified in the
Vienna Convention.".
(3) Section 4 of such Act (22 U.S.C. 254c) is amended-
(A) by inserting "the mission, the" immediately after "immu-
nities for"; and
(B) by striking out "of any sending state".
(4) Section 1364 of title 28, United States Code, is amended by
striking out "as defined in the Vienna Convention on Diplomatic
Relations" and inserting in lieu thereof "within the meaning of
section 2(3) of the Diplomatic Relations Act (22 U.S.C. 254a(3))".
(c) Section 6 of the Act of June 20,1938 (D.C. Code, 1981 ed., sec. 5-
418) is amended by striking out "(a)", and by striking out subsec-
tions (b), (c), (d), and (e).
SEC. 204. The amendments made by this title shall take effect on
October 1,1982.
SEC. 301. This title may be cited as the "United States Information
Agency Authorization Act, Fiscal Years 1982 and 1983".
SEC. 302. There are authorized to be appropriated for the United
States Information Agency, as so redesignated b section 303 of this
Act, $494,034,000 for the fiscal year 1982 and 559,000,000 for the
fiscal year 1983 to carry out international communication, educa-
tional, cultural,- and exchange programs under the United States
Information and Educational Exchange Act of 1948, the Mutual
Educational and Cultural Exchange Act of 1961, and Reorganization
Plan Numbered 2 of 1977, and other purposes authorized by law.
AEDESIGNATION OF THE INTERNATIONAL COMMUNICATION AGENCY A3
THE UNITED sTATEB INFORMATION AGENCY
SEC. 303. (a) The International Communication Agency, estab-
lished by Reorganization Plan Numbered 2 of 197?, is hereby redes-
ignated the United States Information Agency. The Director of the
International Communication Agency or any other official of the
International Communication Agency is hereby redesignated the
Director or other official, as appropriate, of the United States
Information Agency.
(b) Any reference in any statute, reorganization plan, Executive
order, regulation, agreement, determination, or other official docu-
ment or proceeding to the International Communication Agency or
the Director or other official of the International Communication
Agency shall be deemed to refer respectively to the United States
22 USC 4301
note.
United States
Information
Agency
Authorization
Act, Fiscal Years
1982 and 1983.
22 USC 1431
note.
22 USC 2451
note.
5 USC app.
22 USC 1461
note.
5 USC app.
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96 STAT. 292 PUBLIC LAW 97-241-AUG. 24, 1982
Information Agency or the Director or other official of the United
States Information Agency, as so redesignated by subsection (a).
22 USC 1452,
1453.
SEC. 304. (axl) Title III of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1451-1453) is
amended-
(A) in section 301 by striking out "citizen of the United
States" and inserting in lieu thereof "person"; and
(B) in sections 302 and 303 by striking out "citizen of the
United States" and inserting in lieu thereof "person in the
employ or service of the Government of the United States".
(2) Such title is further amended-
(A) in section 301-
(1) by striking out "Secretary" the, first place it appears
and inserting in lieu thereof "Director of the United States
Information Agency", and
(ii) by striking out "Secretary" the second place it
appears and inserting in lieu thereof "Director"; and
(B) in section 303 by striking out "Secretary" and inserting in
lieu thereof "Director of the United States Information
Agency".
(3) Section 302 of such Act is amended-
(A) in the second sentence by striking out "section 901(3) of
the Foreign Service Act of 1946 (60 Stat. 999)" and inserting in
lieu thereof "section 905 of the Foreign Service Act of 1980";
and
(B) in the last sentence by striking out "section 1765 of the
Revised Statutes" and inserting in lieu thereof "section 5536 of
title 5, United States Code".
(b) Section 802 of such Act (22 U.S.C. 1472) is amended-
(1) by inserting "(a)" immediately after "SEC. 802."; and
(2) by adding at the end thereof the following new subsection:
"(b)(1) Any contract authorized by subsection (a) and described in
paragraph (3) of this subsection which is funded on the basis of
annual appropriations may nevertheless be made for periods not in
excess of 5 years when-
"(A) appropriations are available and adequate for payment
for the first fiscal year and for all potential cancellation costs;
and
"B) the Director of the United States Information Agency
determines that-
"(i) the need of the Government for the property or
service being acquired over the period of the contract is
reasonably firm and continuing;
"(ii) such a contract will serve the best interests of the
United States by encouraging effective competition or pro-
moting economies in performance and operation; and
"(iii) such method of contracting will not inhibit small
business participation.
"(2) In the event that funds are not made available for the
continuation of such a contract into a subsequent fiscal year, the
contract shall be canceled and any cancellation costs incurred shall
be paid from appropriations originally available for the performance
of the contract, appropriations currently available for the acquisi-
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 293
tion of similar property or services and not otherwise obligated, or
appropriations made for such cancellation payments.
`(3) This subsection applies to contracts for the procurement of
property or services, or both, for the operation, maintenance, and
support of programs, facilities, and installations for or related to
telecommunication activities, newswire services, and the distribu-
tion of books and other publications in foreign countries.".
(c) Paragraph (16) of section 804 of such Act (22 U.S.C. 1474(16)) is
amended by inserting "and security" immediately after "right-hand
drive".
(d) Section 804 of such Act (22 U.S.C. 1474) is amended-
(1) by striking out "and" at the end of paragraph (18);
(2) by striking out the period at the end of paragraph (19) and
inserting in lieu thereof `, and"; and
(3) by adding at the end of the section the following new
paragraph:
"(20) subject to the availability of appropriated funds, pur-
chase motion picture, radio and television producers' liability
insurance to cover errors and omissions or sunilar insurance
coverage for the protection of interests in intellectual
property ?
(e) Title VIII of such Act (22 U.S.C. 1471-1475b) is amended by
adding at the end thereof the following new sections:
"ACTING ASSOCIATE DIRECTORS
"SEC. 808. If an Associate Director of the United States Informa-
tion Agency dies, resigns, or is sick or absent, the Associate Direc-
tor's principal assistant shall perform the duties of the office until a
successor is appointed or the absence or sickness stops.
"COMPENSATION FOR DISABILITY OR DEATH
"SEC. 809. A cultural exchange, international fair or exposition, or
other exhibit or demonstration of United States economic accom-
plishments and cultural attainments, provided for under this Act or
the Mutual Educational and Cultural Exchange Act of 1961 shall
not be considered a `public work' as that term is defined in the first
section of the Act of August 16, 1941 (42 U.S.C. 1651; commonly
known as the `Defense Base Act').
"USE OF ENGLISH-TEACHING PROGRAM FEES
"SEC. 810. (a) Notwithstanding section 3617 of the Revised Stat-
utes of the United States (31 U.S.C. 484) or any other law or
limitation of authority, tuition fees or other payments received by or
for the use of the International Communication Agency from or in
connection with English-teaching programs conducted by or on
behalf of the Agency under the authority of. this Act or the Mutual
Educational and Cultural Exchange Act of 1961 may be credited to
the Agency's applicable appropriation to such extent as may be
provided in advance in an appropriation Act.
"(b) This section shall take effect on October 1, 1982.".
(f) Section 1011(h) of such Act (22 U.S.C. 1442(h)) is amended by
adding at the end thereof the following new paragraph:
"(4) Section 701(a) of this Act shall not apply with respect to any
amounts appropriated under this section for the purpose of liquidat-
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96 STAT. 294 PUBLIC LAW 97-241-AUG. 24, 1982
22 USC 2455
note.
22 USC 2455
note.
ing the notes (and any accrued interest thereon) which were
assumed in the operation of the informational media guaranty
program under this section and which were outstanding on the date
of enactment of this paragraph.".
SEC. 305. (a) The Congress finds that-
(1) United States Government sponsorship of international
exchange-of-persons activities has, during the postwar era, con-
tributed significantly to United States national security
interests;
(2) during the 1970'x, while United States programs declined
dramatically, Soviet exchange-of-persons activities increased
steadily in pace with the Soviet military buildup;
(3) as a consequence of these two trends, Soviet exchange-of-
persons programs now far exceed those sponsored by the United
States Government and thereby provide the Soviet Union an
important means of extending its worldwide influence;
(4) the importance of competing effectively in this area is
reflected in the efforts of major United States allies, whose
programs also represent far greater emphasis on exchange-of-
persons activities than is demonstrated by the current United
States effort; and
(5) with the availability of increased resources, the United
States exchange-of-persons program could be greatly strength-
ened, both qualitatively and quantitatively.
(b) It is therefore the-sense of the Congress that-
(1) United States exchange-of-persons activities should be
strengthened;
(2) the allocation of resources necessary to accomplish this
improvement would constitute a highly cost-effective means of
enhancing the United States national security; and
(3) because of the integral and continuing national security
role of exchange-of-persons programs, such activities should be
accorded a dependable source of long-term funding.
(c) The amount obligated by the United States Information
Agency each fiscal year for grants for exchange-of-persons activities
shall be increased, through regular annual increases, so that by the
fiscal year 1986 the amount obligated for such grants is at least
double (in terms of constant dollars) the amount obligated for such
grants for the fiscal year 1982.
(d)(1) In furtherance of the purposes of subsection (c), the Congress
directs that of the amount appropriated for the United States
Information Agency for the fiscal year 1983-
(A) $84,256,000 shall be available only for grants for the
Fulbright Academic Exchange Programs and the International
Visitor Program; and
(B) $3,248,000 shall be available only for grants for the
Humphrey Fellowship Program; and
(C) $8,906,000 shall be available only for grants to private, not-
for-profit organizations engaging in exchange-of-persons
programs;
subject to paragraphs (2) and (3) of this subsection.
(2) If the amount appropriated for the United States Information
Agency for the fiscal year 1983 is less than the amount authorized
for the fiscal year 1983, then the amounts specified in subpara-
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 295
graphs (A) through (C) of paragraph (1) shall each be deemed to be
reduced to the amount which bears the same ratio to the specified
amount as the amount appropriated bears to the amount author-
ized. For purposes of this paragraph-
(A) the term "amount appropriated" means the amount "Amount
appropriated under section 302 of this Act (less any rescissions), appropriated."
and does not include amounts appropriated under section 704 of Ante, p. 291.
the United States Information and Educational Exchange Act of
1948 (relating to nondiscretionary personnel costs and currency 22 USC 1477b.
fluctuations) or under any other provision of law; and
(B) the term "amount authorized" means the amount author-
ized to be appropriated by section 302 of this Act, less an
amount equal to any amount which was withheld from appro-
priation (or was rescinded) in order to reduce the amount
available for a particular program or activity.
(3) The Director of the United States Information Agency may
authorize up to 5 percent of the amount earmarked under subpara-
graph (A), (B), or (C) of paragraph (1) to be used for a purpose other
than the exchange-of-persons activities specified in that subpara-
graph. Not less than 15 days prior to any such authorization, the
Director shall submit to the Committee on Foreign Affairs of the
House of Representatives, and to the Committee on Foreign Rela-
tions of the Senate, a justification for authorizing the use of
earmarked funds for a purpose other than the specified exchange-of-
persons activities.
DISTRIBUTION WITHIN THE UNITED STATES OF CERTAIN UNITED STATES
INFORMATION AGENCY FILMS
SEC. 306. (a) Notwithstanding the second sentence of section 501 of
the United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1461)-
(1) the Director of the United States Information Agency shall
make available to the Administrator of General Services a
master copy of each of the films listed in subsection (b) of this
section; and
(2) the Administrator shall reimburse the Director for any
expenses of the Agency in making that master copy available,
shall secure any licenses or other rights required for distribu-
tion of that film within the United States, shall deposit that
film in the National Archives of the United States, and shall
make copies of that film available for purchase and public
viewing within the United States.
Any reimbursement to the Director pursuant to this section shall be
credited to the applicable appropriation of the United States Infor-
mation Agency.
(b) The films to be made available pursuant to this section are the
following: "Reflections: Samuel Eliott Morison"; "And Now Miguel";
and "In their Own Words".
SEC. 401. This title may be cited as the "Board for International
Broadcasting Authorization Act, Fiscal Years 1982 and 1983".
Master copies,
availability to
GSA.
Reimbursement;
film deposit in
National
Archives.
Board for
International
Broadcasting
Authorization
Act, Fiscal Years
1982 and 1983.
22 USC 2871
note.
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96 STAT. 296 PUBLIC LAW 97-241-AUG. 24, 1982
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 402. Subparagraph (A) of section 8(aXl) of the Board for
International Broadcasting Act of 1973 (22 U.S.C. 2877(a)(1xA)) is
amended to read as follows:
"(A) $86,519,000 for the fiscal year 1982 and $98,317,000 for
the fiscal year 1983; and".
MEMBERSHIP OF THE RFE/RL BOARD AND THE BOARD FOR
INTERNATIONAL BROADCASTING
SEC. 403. (a) The Board for International Broadcasting Act of 1973
(22 U.S.C. 2871-2879) is amended by adding at the end thereof the
following new section:
"MERGER OF THE BOARD FOR INTERNATIONAL BROADCASTING AND THE
RFE/ RL BOARD
"SEC. 11. (a) Effective 60 days after the date of enactment of this
section, no grant may be made under this Act to RFE/RL, Incorpo-
rated, unless the certificate of incorporation of RFE/RL, Incorpo-
rated, has been amended to provide that-
"(1) the Board of Directors of RFE/RL, Incorporated, shall
consist of the members of the Board for International Broad-
casting and of no other members, except that the member of the
Board for International Broadcasting who is an ex officio
member of that Board because of his or her position as chief
operating executive of RFE/RL, Incorporated, may participate
in the activities of the Board of Directors but may not vote in
the determinations of the Board of Directors; and
"(2) such Board of Directors sha]1 make all major policy
determinations governing the operation of RFE/RL, Incorpo-
rated, and shall appoint and fix the compensation of such
managerial officers and employees of RFE/RL, Incorporated, as
it deems necessary to carry out the purposes of this Act.
"(b) Compliance with the requirement of paragraph (1) of subsec-
tion (a) shall not be construed to make RFE/RL, Incorporated, a
Federal agency or instrumentality.".
(b)(1) Section 3(b)(1) of such Act (22 U.S.C. 2872(bxl)) is amended to
read as follows:
"(bxl) COMPOSITION OF BOARD.-The Board shall consist of ten
members, one of whom shall be an ex officio member. The President
shall appoint, by and with the advice and consent of the Senate,
nine voting members, one of whom the President shall designate as
chairman. Not more than five of the members of the Board appoint-
ed by the President shall be of the same political party. The chief
operating executive of RFE/RL, Incorporated, shall be an ex officio
member of the Board and may participate in the activities of the
Board, but ma not vote in the determinations of the Board.".
(2) Sections 3~) (3) and (4) of that Act (22 U.S.C. 2872(b) (3) and (4))
are amended to read as follows:
"(3) TERM OF OFFICE OF PRESIDENTIALLY APPOINTED MEMBERS.-
The term of office of each member of the Board appointed by Ohe
President shall be three years, except that the terms of office of the
individuals initially appointed as the four additional voting mem-
bers of the Board who are provided for by the Board for Interna-
tional Broadcasting Authorization Act, Fiscal Years 1982 and 1983,
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PUBLIC LAW 97-241-AUG. 24, 1982 96 STAT. 297
shall be one, two, or three years (as designated by the President at
the time of their appointment) so that the terms of one-third of the
voting members of the Board expire each year. The President shall
appoint, by and with the advice and consent of the- Senate, members
to fill vacancies occurring prior to the expiration of a term, in which
case the members so appointed shall serve for the remainder of such
term. Any member whose term has expired may serve until his or
her successor has been appointed and qualified.
"(4) TEAM OF OFFICE OF THE EX OFFICIO MEMBER.-The ex officio
member of the Board shall serve on the Board during his or her
term of service as chief operating executive of RFE/RL,
Incorporated.".
SEC. 404. Any program of the United States Government involving "Radio Marti."
radio broadcasts directed principally to Cuba, for which funds are
authorized to be appropriated by this Act or any other Act, shall be
designated as "Radio Marti".
SEC. 501. (a) Section 401(x)(2) of the Foreign Assistance Act of 1969
(22 U.S.C. 290f(s)(2)) is amended in the first sentence by striking out
"$25,000,004 for each of the fiscal years 1979 and 1980" and insert-
ing in lieu thereof "$12,000,000 for the fiscal year 1982 and
$12,800,000 for the f"ISCal year 1983".
(b) Section 401(h) of that Act (22 U.S.C. 290f~h)) is amended by
striking out "actual and necessary expenses not in excess of $50 per
day, and for transportation expenses" and inserting in lieu thereof
"travel expenses, including per diem in lieu of subsistence, in
accordance with section 5703 of title 5, United States Code".
(c) Section 401 of that Act is further amended by adding at the end
thereof the following new subsection:
"(u) When, with the permission of the Foundation, funds made
available to a grantee under this section are invested pending
disbursement, the resulting interest is not required to be deposited
in the United States Treasury if the grantee uses the resulting
interest for the purposes for which the grant was made. This
subsection applies with respect to both interest earned before and
interest earned after the enactment of this subsection.".
SEC. 502. (a) Not later than 60 days after the date of enactment of
this Act, the President shall prepare and transmit to the Congress a
full and complete report on the total cost of Federal, State, and local
efforts to assist refugees and Cuban and Haitian entrants within the
United States or abroad for each of the fiscal years 1981 and 1982.
Such report shall include and set forth for each such fiscal year-
(1) the costs of assistance for resettlement of refugees and
Cuban and Haitian entrants within the United States or
abroad;
(2) the costs of United States contributions to foreign govern-
ments, international organizations, or other agencies which are
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96 STAT. 298 PUBLIC LAW 97-241-AUG. 24, 1982
attributable to assistance for refugees and Cuban and Haitian
entrants;
(3) the costs of Federal, State, and local efforts other than
those described in paragraphs (1) and (2) to assist and provide
servlces for refugees and Cuban and Haitian entrants;
(4) administrative and operating expenses of Federal, State,
and local governments that are attributable to programs of
assistance or services described in paragraphs (1), (2), and (3);
and
(5) administrative and operating expenses incurred by the
United States because of the entry of such aliens into the
United States.
(b) For purposes of this section-
"Refugees." (1) the term "refugees" is used within the meaning of para-
s usC uol. graph (42) of section 101(a) of the Immigration and Nationality
Act; and
"Cubans and (2) the term "Cubans and Haitian entrants" means Cuban
xaitian and Haitians paroled into the United States, pursuant to section
entrants." 212(d)(5) of the Immi ation and Nationalit Act, durin 1980
8 USC 1182. ~' y g
who have not. been given or denied refugee status under that
Act.
22 USC 287c
note.
JAPAN-UNITED STATE3 FRIENDSHIP COMMISSION
SEC. 503. (a) Section 6(4) of the Japan-United States Friendship
Act (22 U.S.C. 2905(4)) is amended by striking out "and not to exceed
5 per centum annually of the principal of the Fund" and inserting in
lieu thereof ", any amount of the contributions deposited in the
Fund from nonappropriated sources pursuant to paragraph (2) or (3)
of this section, and not to exceed 5 percent annually of the principal
of the total amount appropriated to the Fund".
(b) Section 7(e) of such Act (22 U.S.C. 2906(e)) is amended by
inserting after "amounts received" the following: "(including
amounts earned as interest on, and proceeds from the sale or
redemption of, obligations purchased with amounts received)".
INTERNATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES
.SEC. 504. The Congress expresses its strong support for the promo-
tion by the United States of sound infant feeding practices, and
continues to be concerned with the sole negative vote cast by the
United States against the International Code of Marketing of
Breastmilk Substitutes. The Congress urges the President, in light
of congressional concern and of new indications of international
support for general implementation of the Code, to review the
United States .position on the Code prior to the 25th World Health
Assembly meeting. The Congress also urges United States infant
formula manufacturers to continue to re-examine their own position
regarding the Code.
REPEAL OF OBSOLETE PROVISIONS
SEC. 505. (a) The following provisions of law are repealed:
(1) Section 408 of the Act entitled "An Act to authorize
appropriations for fiscal years 1980 and 1981 for the Depart-
ment of State, the International Communication Agency, and
the Board for International Broadcasting", approved August 15,
1979.
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PUBLIC LAW 97-241-AUG. 24, 1982 9
6 STAT. 299
(2) Sections 121(b), 122(b), 504(e), 601(b), 603(c), 608(c), 609(c),
610(c), 611(b), 613(b), 705(a), 709, and 711. of the Foreign Rela-
22 USC 4195
tions Authorization Act, Fiscal Year 1979.
note, 2s8o note,
(3) Sections 107(b), 109(ax7), 414(b), 501, 503(b), 505(a), and 513
2656d; 92 Stat.
of the Foreign Relations Authorization Act, Fiscal Year 1978.
984; 22 USC 2656
(4) Section 403 of the Foreign Relations Authorization Act,
note, 2656d note;
92 Stat
988
989;
Fiscal Year 1977.
.
,
22 USC 2151
(5) Sections 102(b) and 503(b) of the Foreign Relations Author-
note, 1731 note,
Fiscal Year 1976.
ization Act
2370 note, 222oa
,
(6) Section 15 of the State De artment/USIA Authorization
P
note.
91 Stat. 845; 22
Act, Fiscal Year 1975.
USC 2384 note,
(bxl) Sections 121, 122, 601, 611, and 613 of the Foreign Relations
4021 note; 91
Authorization Act, Fiscal Year 1979, sections 107, 414, and 503 of the
g62t 22 LTSC 2'151
Foreign Relations Authorization Act, Fiscal Year 1978, and section
note.
503 of .the Foreign Relations Authorization Act, Fiscal Year 1976,
22 USC 2871
are each amended by striking out "(a)".
note.
772
(2) Section 705 of the Foreign Relations Authorization Act, Fiscal
22 USC 2151
Year 1979, and section 505 of the Foreign Relations Authorization
note.
are each amended by striking out "(b)".
Act, Fiscal Year 1978
22 USC 4195
,
(3) Section 102 of the Foreign Relations Authorization Act, Fiscal
g2 Stat6 984; 22
Year 1976, is amended by striking out "(a) Except a8 provided in
USC 1731 note,
no" and inserting in lieu thereof "No".
subsection (b)
2370 note.
,
91 Stat. 845; 22
Approved August 24, 1982.
9 SSta02857~89
Stat. 772.
22 USC 2151
note.
91 Stat. 858.
89 Stat. 756.
LEGISLATIVE HISTORY-S. 1193 (H.R. 3518) (3467):
HOUSE REPORTS: No. 97-102, Pt. 1 (Comm. on Foreign Affairs), Pt. 2 (Comm. on the
District of Columbia), both accompanying H.R. 3518; No. 97-55
accompanying H.R. 3467 (Comm. on Armed Services).
SENATE REPORTS: No. 97-71 (Comm. on Foreign Relations) and No. 97-430 accom-
panying H.R. 3467 (Comm. on Foreign Relations).
CONGRESSIONAL RECORD:
Vol. 127 (1981): June 8, H.R. 3467 considered and passed House.
June 17, 18, considered and passed Senate.
Oct. 29, considered and passed House, amended.
Vol. 128 (1982): Aug. 9, Senate agreed to conference report.
Aug. 11, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 18, No. 34 (1982): Aug. 24, Presidential statement.
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