FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 1988

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89G00643R001200010027-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 35
• Document Creation Date: December 23, 2016
• Document Release Date: December 19, 2011
• Sequence Number: 27
• Publication Date: October 9, 1987
• Content Type: REGULATION

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814024
CONGRESSIONAL 1REOORD - SENATE October S, 1*87
process where we Indst Upon $ won-
derland mandate of "verdict now. evi-
dence later."
Frankly, I have been appalled by
some of the pettiness and invective
leveled against Judge Bork, Just as I
have been struck by some of the moral
pieties of some of his supporters.
While I do not support much of the
President's social agenda, the fact re-
mains that the President is entitled to
nominate individuals to the Supreme
Court that he believes view the world
through the same philosophical prism
as he does. And it is my belief that the
Senate. as an institution. must be con-
vinced that his choice is so lacking In
intelligence, personal or professional
integrity, or Judicial competence that
the nominee's confirmation would
result In a disservice to the Court and
to the country.
While I do not share the restrictive
Interpretation of the Constitution that
Judge Bork has articulated, I am not
persuaded that his views are so ex-
treme as to place him beyond the pale
of Judicial acceptability.
Judge Bork's past essays are valid
objects of examination as they are key
to understanding his deductive abili-
ties and philosophical convictions. But
his writings as a professor should not
be viewed in isolation or without
regard to his service as Solicitor Gen-
eral or on the Circuit Court of Appeals
for the District of Columbia.
It is argued that he must be held to
his words even though his views may
have evolved. That Is a standard to
which we would not hold ourselves.
A number of Senators from the
South. for example, resisted the
coming of civil rights in the 1960's and
the early 1970's and are now strong ad-
vocates of enforcing and, Indeed, even
enlarging those civil rights.
Justice Thurgood Marshall recently
observed that President Johnson had
the best record of any President on
civil rights. As a President. perhaps; as
a Senator, hardly. Were President
Johnson's-and those of his Senate
colleagues-change of views the result
of pragmatic expediency or rather
that of an evolving enlightment? Few
of us are able to look behind the words
into the hearts of those that express
them.
I don't know whether Judge Bork
has changed his views in a calculated
and cynical effort to appease his oppo-
nents or whether his expressions con-
sist of a heartfelt admission that the
Constitution was not etched in stone
and handed down from Mount Sinai
and that while the vessel that em-
bodies our political and social values
must be firm, it must also be flexible.I
cannot make an absolute determina-
tion any more than I could pass Judg-
ment on the changing views of my dis-
tinguished colleagues. But I do know
that Judge Bork is capable of change-
from one who embraced socialism,
then libertarianism, and now conserv-
atism. I view that capacity for change
as a positive element In his character.
Ironically. his capacity for change Is
now held against him. Predictability In
the touchstone by which we shall pass
Judgment on his worthiness for the
bench.
It Is Interesting to note that Judge
Bork 's opponents and supporters both
subscribe to this view. Opponents view
expression of doubt or change as
craven expediency. His supporters fear
the same. Ideologues, liberal or con-
servative. tend to view doubt or devi-
ation from their totem pole of tests as
unacceptable apostasy.
But Presidents have learned that
party labels and prior philosophic
views of nominees have not proven a
reliable index to their future behavior.
Were Oliver Wendell Holmes, Jr.,
Hugo Black. Earl Warren, and Lewis
Powell known quantities before they
went on the bench or did they shift
into the unknown, the unpredictable,
only after confirmation?
I am certain that Judge Bork does
not share my views on a number of
key Issues. But if I were to apply the
test of my views to those of past nomi-
nees. I would not have voted for Jus-
tices Black. Powell. O'Connor. Rehn-
quist, or Scalia.
Some have suggested that Judge
Bork should be confirmed because his
successor would be far worse. That is
an idle threat because I would have no
hesitancy to vote against any one I be-
lieve to be unqualified to sit on that
august bench.
A more plausible argument Is that if
Judge Bork is defeated or withdraws,
his replacement Is likely to be more
conveniently predictable, more main-
stream, less provocative, and perhaps
even rather mediocre by comparison.
I believe that If Judge Bork Is ccn-
firmed, there are three results th:.t
could follow:
First. He, by the sheer force of his
intellect, would pull the Court toward
right wing radicalism-which I think is
unlikely
Second. His extremism would drive
even the conservative members of the
Court to the Philosophical center-
which Is possible;
Third. He will evolve Into the same
kind of conservative centrist as the
man that he is replacing-a result I
regard as quite probable.
Late last night, I reread the papers
of Justice Felix Frankfurter-"Of
Law, Life and Other Things That
Matter."
Upon his retirement, his fellow Jus-
tices wrote Frankfurter a wonderfully
sensitive and touching letter. It was
signed by Earl Warren, Hugo Black,
William Douglas, Tom Clark, John
Harlan, William Brennan, Jr., Potter
Stewart, and Byron White. Justice
Frankfurter responded in kind. In his
letter "To his brethren," he left us
with some characteristically important
words:
The nature of the issues which are in-
volved in the legal controversies that are in-
evitable under our constitutional system
does not warrant the nation to expect iden-
tity of vtem among the members at the
Court regarding rich trues, nor even agree-
ment on the roots of thought by which deci-
sions are reached. The nation Is merely war-
ranted and expecting harmony of aims
among those who have been called to the
Court. This mews pertimdous pursuit of
the processes of reason and the disposition
of controversies that come before the Court.
This presupposes Intellectual disinterested-
ness In the analysis of the factors Involved
to the issues that call for decision. And this
In turn requires rigorous self-scrutiny to dis-
cover with a view to curbing, every Influence
that may deflect from such disinterested-
Mr. President. I believe that Judge
Bork is capable of measuring up to the
intellectual vigor and moral responsi-
bilities required by service on our
Highest Court.
I yield back the balance of my time.
FOREIGN RELATIONS AUTHORI-
ZATION ACT, FISCAL TEAR 1988
(Yesterday. October 8. 1987, the
Senate passed H.R. 1777, as amended
by the Senate. The text of the bill as
passed follows)
HJL 1777
Resolved, That the bill from the House of
Representatives (H.R. 1777) entitled "An
Act to authorize appropriations for fiscal
years 1988 and 1989 for the Department of
State. the United States Information
Agency, the Voice of America, the Board for
International Broadcasting, and for other
purposes", do pass with the following
amendment:
^Strike out all after the enacting clause and
Insert:
89CIMON L Sh ORT tIlLE AND TABU OF OOATEA73-
(a) SHORT Tm c-This Act may be cited as
the "Foreign Relations Authorization Act,
Fiscal Year 1988':
(h) TABLe OF Co+r wrs.-The table of con-
tents for this Act is as follows:
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
TITLE I-THE DEPARTMENT OF STATE
P"TA ArmropJzarioN or APrnoPRIArnoNS;
ALLOCATIONS OF FUND; Rxsnvc slows
Sec. 101. Administration Offoreign affairs.
Sec. 102. Contributions to international or-
ganizations and conferences;
international peacekeeping ac-
tivities.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. The Asia Foundation and other
Programs.
Sec. 106. Reduction of capital construction
account.
Sec. 107. Consular posts and diplomatic
missions abroad.
Sec. 108. Contribution to the regular budget
of the International Committee
of the Red Cross.
Sec. 109. Restriction on we of funds for
`public diplomacy" efforts.
Sec. 110. Allocation of funds for support
and review of international pa-
rental child abduction cases.
PART B-ADxlNISrraTIVE AND PERSONNEL
PROVISIONS
Sec. 111. Restriction on supervision of Gov-
ernment employees by chiefs of
mission.
Sec. 112. Pay level of ambassadors at large
Sec. 113. Compensation.
Sec. 114, Extension of limited . appoint-
ments.
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October 9, 2987 CONGRESSIONAL RECORD -- SENA! E
Sac 115. aepaal of Offloeslf?oUcy and Pro-
.pram Review.
Sea 116. Carry-over of Senior Foreign Serv-
ice performance pay.
Sea 117. Survivor and health bengAus for
certain former spouses.
1 Sec. 118. Benefits for certain former spouses
of members of the Foreign Sere-
ice.
Sec. III Elimination of unnecessary re-
porting requirements.
Sea 120. Clarification of Jurisdiction of
Foreign Service Grievance
Sec. 133. Financial reciprocity with foreign
countries.
Sec 134. The new Soviet embassy.
Sec. 135. Embassy security.
Sec 136. Prohibition on the use of funds for
facilities in Israel, Jerusalem,
or the West Bank.
Sec. 137. Studies and planning for a con-
solidated training facility for
the Foreign Service Institute.
PART D-INTERNATIONAL ORoANru77oNs
Sec. 141. Reform in the budget decision-
making procedures of the
United Nations and its special-
ized agencies.
Sec. 142. Immunities for the International
Committee on the Red Cross.
Sec. 143. Israel s participation in the Eco-
nomic and Social Council of
the United A`ati : n&
Sec 144. Appointment of se: retaries to the
North Atlantic Assembly dele-
gations.
Sec. 145. Protection of Tyre by the United
Nations Interim Force in Leba-
non.
Sec 146. Privileges and immunities to of-
fices of the Commission of the
European Communities.
TITLE 11-THE UNITED STATES
INFORMATION AGENCY
Sec. 201. Authorization oof appropriations:
allocation of funds.
Sec 202. Voice of America..
Sec. 203. Bureau of Educational and Cul-
tural Affairs.
Sec 204. National Endowment. for Democ-
racy.
Sete. 205. East-West Center.
Sec. 206. Posts and personnel overseas.
Set. 207. The Arts America program
Sec. 208. Congressional grant notification.
Sec. 209. Forty-year leasing authority.
Sea 210. Receipts from English-teaching, li-
brary, motion picture and tele-
vision programs.
Sec. 211. Professorship on constitutional de-
mocracy.
Sec 212. United States-India Fund
See 213. United States-Pakistan Fund
Sec. 214. United States Information Agency
programming on Afghanistan.
Sec. 215. United States Advisory Commis-
sion on Public Diplomacy.
Sec. 216. The Edward Zorinsky Memorial
Library.
Board
Sea 121. Protection of Civil Service employ-
ees.
Sec. 122. Compensation of Fascell fellows.
Sec. 123. Competence and prgfessionalism
in the conduct of foreign
policy.
Sec. 124. Foreign Service career candidates
tax treatment.
PART C-BuILD/NOS AND FACFLn7ES
Sea 131. Preservation of museum character
of portions of Department of
State building.
Sec. 132. Authority to insure the furnishings
of State Department diplomat-
ic reception rooms.
Sec. 217. Contractor sersdre, cents.
Sec 4115 Sama*Um smith Memorial rx-
ahanpe program.
Sec 11g..Clritural Properly Advisory Con-
mittee
.
Sec. 220. Audience survey of USIA Worldnet
Program.
TITLE 111-THE BOARD FOR
INTERNATIONAL BROADCASTING
Sec. J01. Authorization of appropriations;
allocation of funds.
Sea 302. Currency gains.
Sea 303. Certification of certain creditable
service.
TITLE IV-THE GLOBAL CLIMATE
PROTECTION ACT OF 1987
Sec. 401. Short title.
Sea 402. Findings.
Sec. 403. Task Force on the Global Climate.
Sea 404. Report to Congress.
Sec. 405. Ambassador at Large.
Sea 406. International Year of Global Cli-
mate Protection
Sea 407. Climate Protection and United
States-Soviet relations.
TITLE V-MISCELLANEOUS PROVISIONS
Sec. 501. Enforcement of Case Act require-
ments
Sea 502. Federal Jurisdiction of direct ac-
tions against insurers of diplo-
matic agents.
Sec 503. Prohibition on use offunds for po-
litical purposes. -
Sec. 504. Prohibition on exclusion of aliens
because of political beliefs.
Sea 505. Authority to invest and recover ex-
penses from international
claims settlement funds.
Sea 506. Payment of the claim of Joseph
Saul Hasek from the Czecho-
slovakian Claims Fund.
Sec. 507. Prohibition on international first
class air travel by congression-
al staff
Sec. 508. Public access to United Nations
War Crimes Commission files.
Sec. 509. Policy on Afghanistan.
Sec. 510. Policy toward the Ion-Iraq war.
Sec. 511. Iranian persecution of the
Baha'is.
Sec. 512. Refugees from Southeast Asia.
Sea 513. Policy toward South Korea.
Sea 514. Policy toward North Korea.
Sec. 515. Policy against persecution of
Christians in Eastern Europe
and the Soviet Union.
Sec. 516. Concerning observance by the
Government of Romania of the
human rights of Hungarians in
Transylvania.
Sec. 517. Intergovernmental Committee for
European Migration, member-
ship.
Sec. 518. Self-determination of the people
from the Baltic States of Esto-
sia, Latvia, and Lithuania.
Sec. 519. Limitations on housing expenses
for United States employees at
the United Nations.
Sec. 520. USSR ballistic missile flights over
United States territory.
Sec. 521. Human rights violations in Tibet
by the People's Republic -of
China.
Sec. 522. Invitation to the President of
Israel for a state visit to the
United States.
Sec 523. Policy toward the detension of
children in South Africa.
Sec. 524. Acting in accordance With inter-
national law in the Persian
Gulf.
Sec. 525. Employment of foreign service na-
tionals.
Sec. 526. Processing of Cuban nationals for
deuce of certain nationals of
Poland
529. Vietnamese occupation of Cambo-
dia
Sec. 527. Pstwy on Angola.
,Sec 528. Adjustment to permanent resi-
Sec. 530. Assistance in support of Solidari.
ty.
Scr_ 531. International parental child ab-
duction
S: c. 532. Restrict contributions to interna-
tional organizations.
S,c 633. Application to certain Communist
countries.
Se;. 534. Sense of the Congress toward a
partial lifting of the trade em.
bargo against Nicaragua.
Se, . 535. Plan for sharing costs involved in
the use of United States Armed
Forces in the Persian Gulf.
Sec. 536. Sense of Congress relating to sup-
port of mutual defense alli-
c nces.
Sec. 1,37. Latin American and Caribbean
data bases.
Sec. .38. S:curity of construction proreet
in Communist controlled coun-
tries.
Sec. 5,:9. It"port to Congress.
Sec. 54". Purchasing and leasing of overseas
residences.
Sec. 54'. foreign dignitaries visits to
United States Capitol
Sec. 54; l- port on policies pursued by
other col.-itries in internation-
at orvc"L:utions.
Sec. 543. Probable exemptions to the United
Natwas employee hiring freeze.
Sec 544. Ambassador at large on .'iJghani-
stan.
Sec. 545. Sense of Congress regarding
United States pc,:-ry toward
Lebanon.
Sec 346. Un?ted Stales Department of State
Freedom c# t rpression Act c'
1987.
Sec. 547. Under Se:- r u; Stat, for
sty, L' '_chon, and Fo.
Miss:
Sec. 548. Taiwan.
Sec. 549. Waiver of certain naturalization
requirements for certain former
Cuban political prisoners.
Sec. 550. Emtassi, agreements with Soi-,t
Union
Sec. 551. Chief of missions salary.
Sec. 552. Sanctions on drug-i>r,
ccntntries.
Sec. 553. Policy on Middle East Pe,
fe rence.
Sec. 554. Report on security of I ec
States diplomatic or official fa
cilities.
Sec. 555. Commission to study Foreign
Service personnel system.
Sea 556. Audit of merit personnel system o.'
Foreign Service.
Sec. 557. Record of grievances awarded.
Sec. 558. Relea .e of Yang Wei.
Sec. 559. Compliance wit,, lair rec+.sri,,,.
ports to Congress
Sec. 560. Flexilility to transk .. - .a ,
tw^en salaries and P.
- ~~
Sea 561. Distribution within tr.: uw,
States of the USIA film en: lea
"America the Way I See it ".
562. Certification procedures for drug
producing and drug-transit
countries and inclusion of spe-
cific agency comments.
563. Limitation of the use of a foreign
mission ir. manner incom-
patible w` , i' c foreign mis.
564. Administrc.
stare
8 14025
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814026
CONGRESSIONAL RECORD - SENATE October Sr 1887
AM 16$. Terrorist 600660 in no am
See. s61 aoabag of iiplo*sbe sand esssaA-
or post in A*Ngsa and Barbu-
da.
Sae US. Report an Soviet violation of ABM
treaty.
See. US. Prohibit ecgstriag house for Secre-
tary of State.
Sec. 570. Prohibition of vsputsion W per.
sons seeking political asylum.
TITLE V7-UNITED STATES COMMIS-
SION ON IMPROVING THE EFFEC-
TI VENFSS OF THE UNITED STATES
Sec. 601. Findings.
Sec. 602. Establishment
Sec. 603. Purposes of the Commission.
Sec. 601. Membership of the Commission.
Sec. 605. Powers of the Commission.
Sec. 606. Stag.'
Sec. 607. Report.
Sec. 608. Funding for the Commission.
Sec. 609. General Accounting Office audits
of the Commission.
Sec. 610. Termination of the Commission.
TITLE VII-INDOCHINESE REFUGEE
RESE7TLEMENT AND PROTECTION
ACT OF 1987
Sec. 701. Short title.
Sec. 702 Congressional findings.
Sec. 703. Congressional findings on Indo-
chinese srfuoee processing.
Sec. 704. Reporting requirement.
Sec. 705. Allocations of refugee admissions.
Sec. 706. Allocation of educational assist-
ancefor Thailand
Sea 707. Allocation of economic support
fund assistance for Thailand.
Sec. 708. Allocation of international mili-
tary education and training
assistance for Thailand
Sec. 709. Policy toward protection of Mfu-
gee camp/
TITLE Vlll-MUNITIONS CONTROL Ate'
OF 1987
Sec. 801. Short title.
Sec. 802. Export licenses.
Sec 803. Registration.
TITLE IX-INTERNATIONAL CHILD
ABDUCTION ACT
Sec. 901. Short title.
Sec 902. Findings and declaration of pur-
poses.
Sec. 903. Definitions
Sec. 904. Administrative and judicial Verne-
dies.
Sec. 905. Provisional remedies
Sec 906. Admissibility of documents.
Sec. 907. United States central authority.
Sec 908. Costs and fees
Sec 909. Collection, maintenance and dis-
semination of information.
Sec 9101 InterAgency Coordinating Group.
Sec. 911. Authorization of appropriation.
Sec. 912. Amendment concerning Federal
parent locator service.
Sec. 913. Amendment to the Internal Reve-
nue Code
TITLE X--DIPLOMA TIC IMMUNITY
ABUSE PREVENTION ACT
Sec. 1001. Short title.
Sea 1002. Crimes committed by diplomats.
Sec. 1003. Registration and departure prooe-
dures for individuals with dip-
lomatic immunity.
Sec. 1004. Waiver of Diplomatic immunity
or declaration of persona non
prat when charged with a seri-
ous crime.
Sec. 1005. Authority to institute and main-
tain criminal prosecutions.
Sec. 1006. Review of United States policy on
diplomatic immunity.
Sec. 1007. Review of procedures for issuing
visas to diplomats to the
United States and the United
WS1I
Dec. 1001.1a41[nitlon MJtrmity aaeunbema
Sec 1009. Minimum tnsursnae coverage.
Sae. 1018 Liability insurance to be cow"
by diplomatic missions.
see 1011- Procedures for certifying tnnsnuni-
tie .
Sec. 1018. Diplomatic pouches.
Sea 1918. Def+sitioas.
TITLE X1-ANTI-TERROBLSM ACT OF
1987
Sec. 1101. Short title.
Sec. 1102 Findings; determinations
Sec. 1103. Prohibitions regarding the PLO.
Sec. 1101. Enforcement
Sec. 1105. Effective date.
TITLE SII-EFFECTIVE DATE
Sec. 1201. Effective date.
TITLE 1-THE DEPARTMENT OF STATE
PARTA Atm-oxtLt?7(xroeAPAEoP&tA7wA
Au.ocAnors Qr PUNDS. Rsswcnoxs
BBC 100. A DW At 5T AT10N Of f OSEI CN A r i'A N ES
(a) ALrreoRlzsnfor or ArrRoPRIA77oNS.-
The following amounts are authorized to be
appropriated for fiscal pear 1988 for the De-
partment 0State under 'Administration of
Foreign Affairs "to carry out the authorities,
functions, duties. and responsibilities in the
conduct of the foreign affairs of the United
States:
/) or "Salaries and Expenses" of the De-
partanent of State (other than the Diplomat-
ic Security Program), $1,599,600,000.
121 For representation allowances, emer-
gencies in the diplomatic and consular serv-
ioe, and the payment to the American Insti-
tute in Taiwan, $17.839,000.
131 For Salaries and Expenses" of the
Diplomatic Security Program, $109,000,000.
I4) For the protection of foreign missions
and officials, 89,100.000.
fbi USE or PRIG= FiscgL YeAR AND FiscAL
7w 1988 DDnosAnr SacvRrrr FvNas.-11)
Notwithstanding any other provision of law
or any reprogramming requirement the Sec-
retary 0/State may use any funds appropri-
ated pursuant to section 401(a)(1)IB) of the
Diplomatic Security Act or funds appropri-
ated for fiscal year 1988 pursuant to section
401(a)(31 of such Act for any component of
the Diplomatic Security Program and for
the 'Acquisition and Maintenance of Build-
ings Abroad':
(2) Notwithstanding any other provision
of law Or any reprogramming requirement,
or the funds appropriated pursuant to sec-
tion 401(ah(81 of the Diplomatic Security
Act for fiscal year 1988, $323,000,000 shall be
available for the Acenisitian and Mainte-
nance of Buildings Abroad" and $74,262,000
shall be available for Salaries and Ex-
penses"of the Diplomatic Security Program.
(cl 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 Oaawnittee on Appropriations of the
Howe of Representatives within 30 days of
the and of each quarter of the fiscal year a
complete report including amount payee,
and purpose, of all expenditu -es made from
the appropriation for Emergencies in the
Diplomatic and Consular Serrice.
WC 05 t77NMBt770MS TV)1N7SRLVA77ONAL ORGA-
NIZATIOAS AND C0147W BNCBS: IATER-
ANA170 :iL PCACBABBPING ACT!rilisS
(a) ImimmArIONAL OnnaAN/EAnoNs.-There
are authorized to be appropriated to the De-
partment of State under "Contributions to
International Organisations" $571,000,000
for fiscal year 1988 in order to carry out the
authorities, functions, duties, and responsi-
bilities in the conduct of the foreign affairs
of the United States with respect to interna-
tional organizations, of which amount-
11)1193.18$.090 shall be available only for
the United States assessed contribution to
the United Nations;
Ith 008,1121000 absa be svsUsete soft for
the United States assena1 Contribution to
the WboM Room Orpamiss8lou
(81 $81,448,000 Mss be svatMble only Jbr
the Untied Stater assessed Contribution to
the International Atomic Energy Agency;
(fl $44,915,000 Mall be available only for
the United States assessed contribution to
the Organization o/Ameriean States; and
(5) 631,659.000 shall be available only for
the United States assessed contribution to
the Pan American Health Organization.
Ib/ IN7ERNA77ONAL PsACzAw'1NO Ac'mi-
nrs-There are authorized to be appropri.
ated to the Department ofState under 'Von-
tributions to International Peacekeeping
Activities', $29,100,000 for fiscal year 1988
in order to carry out the authorities, func-
tions, duties, and responsibilities in the con-
duct of the foreign affairs of the United
States with respect to international peace-
keeping activities.
Icl IIV MULIrrONAL Cbersixiwc rs any CoN-
nwoci Cos.-!here are authorised to be ap-
propriated to Me Department q/ State under
"International Conferences and Contingen-
cies , $5,460,000 for fiscal year 1988, of
which asdt funds as may be necessary shall
be available for the asperse of hosting the
1987 General Assembly of the Organization
of American States, in order to carry out the
authorities, function, duties. and responsi-
bilities in the conduct of the foreign .fairs
o/ the United States with respect to iaalena-
tianal conferences and contingencies. .
(d) IN78RNAna nos. WAZAT Cboavcd.-Of .the
funds authorized to be appropriated /or the
fiscal year 1988 by this section, not less than
$388,000 -shall be available only for the
United States contribution to the Interna-
tional Wheat Council
SM ?t /N7'B1NAfl(NAL COSOIISSIOA'S
there are ssthorised to be appropriated to
the Department of State Larder "internation-
al Commissions". 188,209,000 for fiscal year
1988 in order do tarry out the authorities,
functions, dutin and responsibilities in the
Conduct of the foreign of. 2drs of the United
States with respect to We -national commis-
sions.
BBC NI. SilOVATION AND 88F1%GAZ ASSISTANCL
cal APflORIZanoN or APrteoPAu77oNS.-'
There are authorized to be appropriated to
the Department of State under "Migration
and Refugee Assistance". $314,450,000 for
fiscal year 1988 in order to tarry out the au-
thorities, functions, duties, and responsibil-
ities in the conduct of the foreign affairs of
the United States with respect to migration
and refugee assistance.
(b1 AviocArao or FIA=s.--Qf the amount
authorized to be appropriated by subsection
(a)-
111 $25,000,000 shall be available only for
assistance for refugees resettling in Israel;
and
(2) $28,000,000 shall be available only for
assistance for East Asian refugees.
SIC JAL INK ASIA AKW A77ON AA70 OTHER Px0-
~aMS
(a/ liar ASIA Fomim.noie-(1/ Section 404
of The Asia Foundation Act (82 US. C. 4401
et seq.) is amended to read as follows:
"Sxc 404. There are authorized to be ap-
propriated to the Secn!tary of State
$15 006,000 for fiscal year 1988 for grants to
The Asia Foundation pursuant to this
title.':
(2) The amendment trade by paragraph
Ill shall take 4 fect on October 1, 1987.
(b1 Osnin Paoonsse .-Tleere are author-
teed to be appropriated for fiscal year 19$8
to the Department of State for the following
programs
(1) For Bilateral Science and Technology
Agreements, $1,900,000.
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October 9, 1987 CONGRESSIONAL RECORD -SENATE S 14027
(I) For Soviet-East European Research contribution may be made from the funds ICI retrieval, storage, mailing, or shipping
and T atwtwit K,901,190. asthoriae[ 10 besppropriated by section 104 Of individual or bulk packets of pubtica.
MC sea aIwmON *P QIPML C0N871 CMN for migration and refugee assistance. tuns;
A000bNt Ibi RErnoossaxmo Ars7IoRrrr pox Cxa? MD) maintenance or control of inventory
Section 4011aiS) of the Diplomatic Secu. TAIN EARMSAXSD Fmyos-Notwithstanding or reserve stocks of materials,'
rity Act 122 U.S C 4851 rah(3)) is amended to any other provision of law, allocations Of (E) distribution of materials;
read as follows: funds within the account for "Migration IF) coordinating publication production,'
"13) CSplrAL COms7RT,CT7ON, nscsL Teen and Refugee Assistance" for fiscal year 1988 or
In& swuovow ern.-Allen are authorized to may be reprogrammed for other purposes (GI conducting systematic evaluations of
be appropriated for the Department of State within that same account if the require- the system.
for Acquisition and Maintenance of Build- rnents of the designated programs are fully (b) ExcxPnoN.-Subsection fa) does not
ings Abroad' for fiscal year 1988, met. apply to any contract or
3397,292.000, and foreach of the fiscal years ic) L1NITAnoN ON CbNmmvnoNS.-Not- purchase bidding,
agreement made, Ater competitive {vt bidding.
1989 through 1990, 3417,962,000, to carry out withstanding subsection (a), for fiscal year by or for the Bureau of Public Affairs of the
diplomatic security construction, acquisi- 1988, the United States contribution to the Department of State.
lion, and operations pursuant to the Depart- regular budget of the International Commit- (c) LIMlrAnow ON Usc or FuNDs.-Of the
meat of State! supplemental Diplomatic Se- tee of the Red Cross shall not exceed nor be funds authorized to be appropriated by this
cunt, Program. "- less than the amount contributed by the or any other Act, not more than $389, 000
MC IV CONSULAR POSTS AND OIPLOMA17C ass United States to the regular budget of the may be used in any fiscal Yearto finance the
SIGNS ABROAD. International Committee for the Red Cross activities let forth in subsection (a).
toJ PROMMMY w.-No funds authorized to in fiscal year 1987. inc. III. ALLOCA77ON OP PL71TS FOR SUPPORT AND
be appropriated by this Act or any other Act (d) RzCOGNI77ON or TAIE RED SWELD Or REVIEW OF IATERNA77ONAL PARE.N.
shall be available to pay any expense related DsVID.-lt is the sense of Congress that a TAL CYIILD ADDCC77ON CASES
to the closing Qf any United States consulate diplomatic conference of Dovemments Of the amounts authorized to be appropri-
or mission abroad. No funds authorized to should grant identical status of recognition ated by section 1011a)[1), $250,000 shall be
be appropriated by this Act shall be used to to the Red Shield Of David (Hagen David available only for the review and analysis of
pay for any expense related to the Bureau of Adam) as that granted to the Red Cross and international parental child abduction
Administration of the Department of State the Red Crescent and that the Red Shield of cases on a case-by-case basis to enable the
or any of its functions if any United states David Society of Israel be accepted as a full Department of State to Provide appropriate
consulate or mission is closed after January member of Me League Qf Red Cross Societies legal or diplomatic support for parents seek-
1, 1987, and is not reopened and the quadrennial International Confer- ing to recover abducted children.
(b) 4rioca77ow or PDNAC-111 Of the funds ences of the Jted Cross. PART B AOMINISTRA77Vx AND PERSONNEL
authorized to be appropriated by section 101 SEC Ni RAS7RIL770N. ON 4ISE OF PVvas POR PROyisiozes
for the "Administration of Foreign Affairs", PUBLM DIPLOMACY'E'P1VRTn MC in. EsSmic770N ON 9t/PxRYISroN or GM-MM.
less than $50,000,000 shall be available i0) IN GeMAL-Except as provided in Mw EMwLOYMS NY CNisPS of s,s
only to operate United States consulates in subsection /b), none of the funds authorized SION.
Salzburg, Strasbourg, Goteborg Lyon, Dos- to be appropriated by this Act for the De- Section 207 of the Foreign Service Act of
seidorf, Tangier, lienoa, Rice, Porto Alegre, partment of State may be used by any 1980(22 U.SC. 39271 is amended-
and Maracaibo. bureau, office, or other unit of the Depart- (1) in subsection 1a11l), by inserting "exec
12) Of the funds allocated by paragraph ment QfState to make any contract or per- utive branch "after "Government ;-
(1). during fiscal year 1988. funds in excess chase order agreement. an or after the date 121 in subsection (aI(2), by inserting "enec-
of those needed to operate these consulates of enactment of this Act, with any individ- utive branch" after 'Government" the
for such fiscal year may be used for other ual, group, organisation, partnership, car- second place it occurs; and
purposes under the 'Administration of For- poration, or other entity for the purpose of- 13) in subsection fbl, by inserting -exeeu-
eign Affairs" if all consulates sneered to in ill providing advice or assistance for any live branch"after 'Any
paragraph (1J are open and functioning. program for foreign representatives of any SEC Ili PAY LEVEL OF AMBASSADORS AT LARGL
(c) Wuvxa.-Subsection (a) shall not civic, tabor: businaa, or humanitarian Ia/ Gioa~swswlravChapter 53 of title S of
apply to any post closed- group during any visit to Washington, D.C. the United States N.-- is amended-
(1) because of a break or downgrading of or any other location within the Unitas the
diplomatic of
striking out Am-
relations between the United States; 311ni 'in section 5314 by
States and the country in which the past is (2) providing contact with any r+~fugee b111 121 d ns at Larm section n -; 5315abd
, by adding at the end
located; group or exile in Washington, D.C or else-
(2) where there is a real and present threat where in the United States, including the a thereof the section
r 'Ambahea following
at Large".
to American diplomats in the city where the ranging of any media event, interview, or on
01 baAPPLwAmojt-fte sses ors a amendments made
post is located and where a travel advisory public appearance by s/a1/11 shaII not effect the
warning against American travel to the city 131 translating articles on regions of the bSalary subsection e individuals holding g the rank of
has been issued by the Department of State; world and making them available for distri-
or button to United States news organizations Ambassador di ssador at nt JAzyge Aoldi o/ this Act immediately before the
U3) When the post is closed so as to provide or public interest groups;
funds to open a new post, staffed by at least (4) providing points of contact for public S1iG /It CGMPEh7SA770N.
one full-time Foreign Service officer, and interest groups seeking to interview exiles, The State Department Basic Authorities
where the Secretary of State, prior to the refugees, or other visitors; - Act (22 U.S.C. 2669 et seq.) is amended-
closing of the post, prepares and transmits 851 coordinating or accompanying media 11) in section 35(b), by inserting after the
to the Committee an Foreign Relations of visits to any region of the world; second sentence thereof the following new
the Senate and the Committee On Foreign 161 providing source material relating to sentence: "The Coordinator shall be compen-
Affairs of the House of Representatives a regional conflicts for public diplomacy eJ sated at the annual rate for positions au.
report stating that- forts; thorized by section 5315 of title 5, United
(A) the new post is a higher priority than (7) providing or presenting, in writing or States Code.'; and
the post proposed to be closed: and orally, factual material on security consid- 12) in section 203(a), by inserting at the
(B) the total number of consulates and erations, refugee problems, or political dy- end thereof the following new sentence.. "77te
missions abroad is not less than the number namics of any region of the world for use on Director shall be compensated at the annual
of such posts in existence on January 1, public diplomaeyeforts; rate for positions authorized by section 5315
1987. (8) editing briefs or other materials for use of title 5, United States Code." (d) The provisions of this section shall not on public diplomacy efforts; SEC lN. EAT?NSION OF LIMITED APPOIN7M?A7S
take effect until 180 days after the date of (91 conducting special studies or projects Section 809 of the Foreign Service Act of
enactment of this Act for use on public diplomacy efforts; 1980(22 U.S.C. 3949) is amended-
SEC Ise. COMWD177OA' TO 771? REGULAR BUDGET (10) designing or organizing a distribu- (1) by striking out "section 311(a)" and in-
OF TWE rh7ERNA77ONAL COMMIYTEE lion system for materials for use on public serting in lieu thereof "subsection (b)";
OFTMEREDCROSS. diplomacy efforts; or (2) by designating the text, as so amended,
(a) UNrnED STATES CbNTRIBVnoz.-Pursu- - 8111 directing the operation of this distri- as subsection (al; and
ant to the provisions of section 109 of the bution system, including- (3) by adding at the end thereof the follow-
Foreign Relations Authorization Act, Fiscal (A) development of specialized, segmented ing new subsection:
Years 1986 and 1987, the Secretary of State addressee fists of persons or organizations "(b) A limited appointment may be ex-
shall make a contribution to the regular which have solicited materials or informa- tended for continued service as-
budget of the International Committee of lion on any region of the world; "Y11 a consular agent,"
the Red Cross of an amount equal to not less (B) computerization, coding, mainte- "(2) a family member as provided in sec-
than 20 percent of its regular budget. Such nance, or updating of fiats; lion 311(a),
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814028 GXONGRESSIONAL REC6iW - SENATE October 0, 1087
'q2) a oane- candidate, V continued sere- "11) theformer spouse remarrw before ape "Ib)(1) Any individual eligible for rover`
ice is determined appropriate to remedy a i5; off under subsection fa) may enroll in a
matter that would be cognisable as a VA M "I2l the former spouse is less than 50 Mean heal tmb n tUs~ sspsloow or fotr self
as under chapter 12; or as or and M "f4 I4/ a career employee in another Federal "IJ/ the former spouse was not married to month period beginning on the effective
personnel system serving in a Foreign Serv- the participant at least 10 years during serv- date of this section, and in accordance with
ice position on detail from another ice of the participant which is creditable such procedures as the Director of the Office
agency under this chapter with at least 5 years oc- of Personnel Management shall by regula-
SEC lit REPEAL OP OPTICS OP POLICY AND PRO- earring while the participant was a member tion prescribe, such individual-
CRAM REVIEW. of the Foreign Service. "(A) files an election for such enrollment;
(a) RePLAL.-Subsection (b) of section 413 "(d)(1) The entitlement of a former spouse and
to a survivor annuity under this section- 'YB) arranges to pay currently into the
of the Diplomatic Security Act (22 U.S.C. ?(A) shall commence- Employees Health Benefits Fund under sec-
4861(b)) is repeated _ ?_ _ ? (I) in the case of a former spouse of a par- tion 8909 of title 5, United States Code, an
s
413(a) of such Act 122 U.&C, 4862( )l I
ceased as of the effective date of this section.
amended- beginning on the later of-
(1 by striking out 'ya)" and all that fat- "(I) the 60th day after such date; or
lows s through 'STATE.-', and (1) "(II) the date such former spouse reaches
(2) by redesignating paragraphs the e age 50; and
through (5) as subsections la) through (e). g) in the case of any other former
respectively. spouse, beginning on the latest of-
SEC. IM CARRYOVER OF SENIOR FOREIGN SERVICE 11) the date that the participant or
PERFORMANCE PAY. former participant to whom the former
Section 405(b) of the Foreign Service Act spouse was married dies:
of 1980 122 U.SC. 3965(b)) is amended ~,_ "(III the 60th day after the effective date of
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 indi-
vidual 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 purposed 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 follow-
ing.'
"(5) The Secretary of State shall prescribe
regulations, consistent with section 5582 of
title 5, united States Code, under which Pay-
ment under this section shall be made in the
case of any individual whose death pre-
cludes payment under paragraph (4) of this
subsection':
SEC 117. SURVIVOR AND HEALTH BENEFITS FOR
CERTAIN FORMER SPOUSES
(a) IN GsNrua-Chapter 8 of the Foreign
Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended by inserting after section 829 the
following new sections.'
. 'Sea 830. SURVIVOR BENEFITS FOR CERTAIN
FORMER SpotLws. (a)(1) Any individual
who was a former spouse of a participant or
former participant on February 14, 1981,
shall be entitled, to the extent of available
appropriations, and except to the extent
such former spouse is disqualified under
subsection (bl, to a survivor annuity equal
to 55 per centum of the greater of-
- 1A) the full amount of the participant's
or former participant's annuity, as comput-
ed under chapter 8 of this Act; or
"(B) the full amount of what such annuity
as to computed would be if the participant
or former participant had not withdrawn a
Jump-sum portion of contributions made
with respect to such annuity.
"12) A survivor annuity payable under this
section shall be reduced by an amount equal
to the amount of retirement benefits, not in-
cluding benefits under title II of the Social
Security Act, received by the former spouse
which are attributable to previous employ-
ment of such former spouse by the United
States.
(b) If an election has been made with re-
spect to such former spouse under section
2109 or 806(f), then the survivor annuity
under subsection (a) of such former spouse
shall be equal to the full amount of the Par-
ticipant's or former participant's annuity
referred to in subsection (a) less the amount
of such election.
"Ic) A former spouse shall not be entitled
to a survivor annuity under this section if-
"(Ill) the date such former spouse reaches
age 50; and
"(B) shall terminate on the last day of the
month before the former spouse's death or
remarriage before attaining the age 55.
"12)(A) A survivor annuity under this sec-
tion shall not be payable unless appropriate
written application is provided to the Secre-
tary, complete with any supporting docu-
mentation which the Secretary may by regu-
lation require, within 30 months after the ef-
fective date of this section.
"IB) Upon approval of an application pro-
vided under subparagraph (A), the appropri-
ate survivor annuity shall be payable to the
former spouse with respect to all periods
before
spouse was entitled to such annuity
former
under this section, but in no event shall a
survivor annuity be Payable under this sec-
tion with respect to any period before the ef-
fective date of this section
"fe) The Secretary shall-
"I1) as soon as possible, but not later than
60 days after the effective date of this sec-
tion, issue such regulations as may be neces-
sary to carry out this section; and
"I2) to the extent practicable, and as soon
as possible, inform each individual who was
a former spouse of a participant or former
participant
such individual 98may have
under this section
"(f) In any fiscal year, if the amount to be
paid to all former spouses, as computed
under this section, exceeds the appropriated
funds available for such payment, then the
amount to be paid to each person pursuant
to this section shall be reduced on a pro rata
basis to such extent that the total payments
do not exceed the appropriated funds avail-
able for payment to all spouses.
'SEC. 831. HEALTH BENEFITS FOR CERTAIN
FORMER SpovsEs.-(a) Except as provided in
subsection (c)(1), any individual-
"(1) formerly married to an employee or
former employee of the Foreign Service,
whose marriage was dissolved by divorce or
annulment before May 7, 1985;
"(2) who, at any time during the eighteen-
month period before the divorce or annul-
ment became final, was covered under a
health benefits plan as a member of. the
family of such employee or former employee;
and
"(3) who was married to such employee for
not less than ten years during periods of
government service by such employee, is eli-
gible for coverage under a health benefits
plan in accordance with the Provisions of
this section
and agency contributions payaote in inc
case of an employee enrolled under chapter
89 of such title in the same health benefits
plan and with the same level of benefits.
"(2) The Secretary shall, as soon as possi-
ble, take all steps practicable-
"(A) to determine the identity and current
address of each former spouse eligible for
coverage under subsection (a); and
"(B) to notify each such former spouse of
that individual's rights under this section.
"I3) The Secretary shall waive the 6-month
limitation set forth in paragraph (1) in any
case in which the Secretary determines that
the circumstances so warrant.
"(e)(1) Any former spouse who remarries
before age 55 is not eligible to make an elec-
tion under subsection (b)11).
"(2) Any former spouse enrolled in a
health benefits plan pursuant to an electibn
under subsection (b)(1) may continue the
enrollment under the conditions of eligibil-
ity which the Director of the Office of Per-
sonnel Management shall by regulation pre-
scribe, except that any former spouse who
remarries before age 55 shall not be eligible
for continued enrollment under this section
after the end of the 31-day period beginning
on the date of remarriage.
'Yd) No individual may be covered by a
health benefits plan under this section
during any period in which such individual
is enrolled in a health benefits plan under
any other authority, nor may an individual
be covered under more than one enrollment
under this section.
"(e) For purposes of this section, the term
'health benefits Plan' means an approved
health benefits plan under chapter 89 of title
5, United States Code. ".
(b) CONFORMING AMENDMENT.-The table of
contents in section 2 of the Foreign Service
Act of 1980 is amended by inserting after the
item relating to section 829 the following
new items.
"Sec. 830. Survivor benefits for certain
former spouses.
"Sec. 831. Health benefits for certain former
spouses.':
(c) EFFECTIVE DATE.-Me amendments
made by this section shall take effect on Oc-
tober 1, 1987, or 90 hays after the date of en-
actment, whichever is later.
SEC. lit BENEFITS FOR CERTAIN FORMER SPOUSES
OF MEMBERS OF THE FOREIGN SERV-
ICE
(a) IN GENERAL.-Subchapter I of Chapter
8 of the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.), as amended by section
117, is further amended by inserting after
section 829 (22 U.S.C. 4069) thefollowing:
"SEC. 832. RETIREMEA7 BENEFITS FOR CERTAIN
FORMER SPOUSES
"(a) Any individual who was a former
spouse of a participant or former partici-
pant on February 14, 1981, shall be entitled,
to the extent of available appropriations,
and except to the extent such former spouse
is disqualified under subsection (b), to bene-
fits-
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Qctobe 9, L987
CONGRESSIONAL RECORD - SENATE 814029
"11) if married to the participant thrnuoh-
out the creditable service Of She participant
equal to 50 percent of the dentists of the Par-
ticipant: or
`(2) if not married to the participant
throughout such creditable service, equal to
that former spouse's pro rata share of 50 per-
cent of such benefits.
'Ybi A former spouse shall not be entitled
to benefits under this section if-
" II) the former spouse remarries before eve
55; or
"(2) the former spouse was not married to
the participant at least 10 years during serv-
ice of the participant which is creditable
under this chapter with at least 5 years oc-
curring while the participant was a member
of the Foreign Service.
" /c)(1) The entitlement of a former spouse
to benefits under this section-
"IAi shall commence on the later of-
"(ii the day the participant upon whose
service the benefits are based becomes enti-
tled to benefits under this chapter; or
"(ii) the first day of the month In which
the divorce or annulment involved becomes
final,' and
'YB) shall terminate on the earlier of-
"Iii the last day of the month before the
former spouse dies or remarries before 55
years of oge; or
"Hi) the date the bend is of the partici-
pant terminates.
"(2) Notwithstanding paragraph (1), In
the case of any former spouse of a disability
annuitant-
"(A) the benefits of the former spouse shall
commence on the date the participant would
qualify on the basis of his or her creditable
service for benefits under this chapter (other
than a disability annuity) or the date the
disability annuity begins, whichever is later,
and
"IB) the amount of benefits of the former
spouse shall be calculated on the basis of
benefits for which the participant would
otherwise so qualify.
"(3) Benefits under this section shall be
treated the same as an annuity under sec-
tion 814(a)(7) for purposes of section 806(h)
or any comparable provision of kw.
"(4)(A) Benefits under this section shall
not be payable unless appropriate' written
application is provided to the Secretary,
complete with any supporting documenta-
tion which the Secretary may by regulation
require, within 30 months after the effective
date of this section. The Secretary may
waive the 30-month application requirement
under this subparagraph in any case in
which the Secretary determines that the cir-
cumstances so warrant.
"(B) Upon approval of an application pro-
vided under subparagraph (Al, the appropri-
ate benefits shall be payable to the former
spouse with respect to all periods before
such approval during which the former
spouse was entitled to such benefits under
this section, but in no event shall benefits be
payable under this section with respect to
any period before the effective date of this
section.
"Id) For the purposes of this section, the
'beneti ts' rnearns-
term
"(1) with respect to a participant or
former participant subject to this subchap-
ter, the annuity of the participant or former
participant; and
"12) with respect to a participant or
former participant subject to subchapter II,
the benefits of the participant orformer par-
ticipant under that subchapter.
"(e) Nothing in this section shall be con-
strued to impair, reduce, or otherwise affect
the annuity or the entitlement to an annu-
ity of a participant or former participant
under this chapter.
"(f) In any fiscal year if the amount to be
paid to all former spouses, as computed
under this section, aacseds the appropriated
fonds available for Am* payment than the
amount to be paid to such person pursuant
to this section shall be veduc.d on a pec rata
basis to such extent that the total payments
do not exosed the appropriated funds avail-
able for payment to all spouses." Ib) CON ORaINO AMzxomrmr-The table of
contents in section 2 of the Foreign Service
Act of 1080, as amended by section 117, is
further amended by Inserting after the item
relating to section 8,11 the following new
Item.'
"Sec. 832. Retirement benefits for certain
former spouses.".
Ic) EFFEC77vE DA7s-The amendments
made by this section shall take effect on Oc-
tober 1, 1987, or 90 days after the date of en-
actment of this Act, whichever is later.
W: Ill ELIMINATIOA' OF 4WNECEtSARY REPORT-
LNG R6QVIBJ. NEW
(a) REPORT ON PtRSONNEL ACTIONS' D' Tine
FOREraN Ste vice -Section 105Id)I2) of the
Foreign Service Act of 1980 122 U.S.C
3905(d)(2)) is amended to read as /01101W
^I2) The Secretary shall transmit to each
House of Congress the Department's reports
on its equal employment opportunity and
affirmative action programs and Us minori-
ty recruitment programs, which reports are
required by law, regulation, or directive to
be submitted to the Equal Employment Op-
portunity Commission (EEOC) or the Office
of Personnel Management (OPM). Each such
report shall be transmitted to the Ce guess
at least once annually, and shall be received
by the Congress not later than 30 days after
its original submission to the Equal Em-
ployment Opportunity Commission or the
Office of Personnel Management'
(b) REPORT ON Use or FOREIGN SER vice
PERSONNEL BY FEDERAL. AGENCIES.-Sectton
601(c) of such Act 122 U.S.C. 4001(c)) is
amended by adding at the end thereof the
following new paragraph'
"I4) Not later than March 1 of each year,
the Secretary of State shall submit a report
to the Speaker of the Rouse of Representa-
tives and to the Committee on Foreign Rela-
tions of the Senate which shall-
"(A) describe the steps taken and planned
in furtherance of-
'ii) maximum compatibility among agen-
cies utilizing the Foreign Service personnel
system, as provided for in section 203, and
"(ii)the development of uniform policies
and procedures and consolidated personnel
functions, as provided for in section 204;
JB) specify the upper and lower limits
planned by each such agency for recruit-
ment, advancement, and retention of mem-
bers of the Service, as provided for in sec-
tion 601(c)(2), including, with respect to
each of the relevant promotion competition
groups, the projected ranges of rates of ap-
pointment, promotion, and attrition over
each of the next 5 fiscal years, as well as a
comparison of such projections with the pro-
jections for the preceding year and with
actual rates of appointment, Promotion,
and attrition, including a full explanation
of any deviations from projections reported
in the preceding year; and
f C) specify the numbers of members of the
Service who are assigned to positions classi-
fied under section 501 which are more than
one grade higher or lower than the personal
rank of the member.':
(c) REPEALS.-(1) Subsection (f) of section
703 of such Act 122 U.S.C. 4023) and section
2402 (22 U.S.C. 4173) of such Act are re-
pealed
(2) Section 152(c) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and
1987 (99StaL 428) is repealed.
IEC. tea C7JRIFICA17ON OF JVRJBDKTIQN OF FOX
AM NM ME GRISTAA(S POsZD.
440 BOARD as'cwstwa.-Section 1107(d) of
the Foreign ,ervtoe Act of 1980 f22 LLS.C
4137(d)) is amended-
11) in the third sentence, by striking out
"would be contrary to law or"; and
12) by adding at the end thereof the fallOw-
tag new sentence.: "Any recommendation of
the Board which is not rejected by the Secre-
tary on the basis that it would adversely
affect the foreign policy or national security
of the United States shall be considered to be
a final action for the Purposes of Judicial
review under section 1110 of this Act as of
the time of the issuance of the recommenda-
tion by the Board':
Ib) SEPARA770N TOR Csuze-The second
sentence of section 610(a)(2) of the Foreign
Service Act of 2980 122 U.S.C. 40101a)(2)) is
amended-
11) by Inserting '%and authority" after
"The hearing".
(2) by striking out 'gearing procedures"
and -inserting in lieu thereof 'provisions';
and
13) by striking out 'section 1106" and in-
serting in lieu thereof "chapter 11":
fc) APPL cA77oe.-The amendments made
by this section shall not 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
before the date ofenactnent of this AcL
SEC. )21. PROTECTION OF CIVIL 6ERr7CE EMPLOY.
EES
Ia) FINDJNGS.-The Congress finds that- -
(1) the effectiveness and efficiency of the
Department of State is dependent not only
on the contribution of Foreign Service em-
ployees but equally on the contribution of
the 42 percent of the Department's employ-
ees who are employed under the Civil Serv-
ice personnel system;
12) the contribution of these Civil Service
employees has been overlooked in the man-
agement of the Department and that greater
equality of promotion, training and career
enhancement opportunities should be ac-
corded 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 De-
partment of State by creating a cadre of ex-
perienced specialists and managers in the
Department to provide essential continuity.
(b) EQarmmmLE REvucrroN or 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.
IC) EsrABLISHMENT or sure OFFICE OF TWE
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 Ombuds-
man for Civil Service Employees shall report
directly to the Secretary of State and shall
have the right to participate in all Manage.
ment Council meetings to assure that the
ability of the Civil Service employees to con-
tribute to the achievement of the Depart-
ment's mandated responsibilities and the
career interests of those employees are ade-
quately represented
Id) DEFINITION.-For purposes of this sec-
tion, the term "Civil Service employees"
means employees of the Federal Government
who are paid under chapter 53 or 54 of title
5, United States Code.
SEC l22- C OMPE%SATIO.V OF PASCELL FELLOWS
Section 1005(b) of the Diplomatic Security
Act (22 U.S.C 4904(b)) is amended to read as
follows.'
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wb) A tmrojtnm-MOM May be deemed
to be Federal employees for the purposes of
the Foreign Service Act of 1980 122 U.S.C.
501 et seq.), title i of the United States Code,
and all other laws governing Federal em-
ployment, except that. in lieu of compensa-
tion under such authorities, Fellows may be
compensated through a contractual agree-
ment under the provisions of section 2(c) of
the State Department Basic Authorities Act
of 1956.':
SEC 123. COMPETENCE AND PROFESSIONALISM IN
THE CONDUCT OF FOREIGN POLICY.
(a) POLICY ON TRAINING.-It is the sense of
the Congress that the United States should
have as a fundamental national goal the
strengthening of competence and profession-
alism in the conduct of United States for-
eign policy. To accomplish this goal, the
Congress finds that the national interest re-
quires that the Department of State and
other foreign affairs agencies make a maxi-
mum investment in programs to train its
foreign policy professionals. The Congress
further finds that the new national training
center in foreign affairs, authorized by
chapter 7 of the Foreign Service Act of 1980
and section 842(b) of the Military Construc-
tion Act, 1986, is cost effective and will pro-
vide the United States with significant new
capabilities to meet this national goal.
(b) PolrcY ON DssiGNs on NEw CEN7SR.-
it is further the sense of the Congress that
the Secretary of State should, subject to the
availability of funds and any reprogram-
ming requirements, proceed with base archi-
tectural and engineering design programs
for this national training center.
SEC 121. FOREIGN SERFICE CAREER CANDIDATES
TAX TREATMENT
Section 301 of the Foreign Service Act of
1980 /Public Law 96-465 is hereby amended
by adding the following after the words
"career appointment" in section 301(d1(3):
'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 the Senate confirmation or that they are
exempt on the basis of serving in an ap-
pointment whose tenure is at the pleasure of
the President':
PART C-BUILDINGS AND FACILITIES
SEC 131. PRESERIATION OF MUSEUM CHARACTER
OP PORTIONS OF DEPARTMENT OF
STATE BUILDING.
(a) Ar okn-Y.-The Secretary of State
shall administer and regulate the museum
areas of the Department of State thereafter
in this section referred to as "the museum
areas") by such means and measures as con-
form to the fundamental purpose of the
museum areas, which purpose is to conserve
the architecture, furnishings, and historic
objects therein and to provide for the enjoy-
ment of the same in such manner and by
such means as will leave them unimpaired
for the use and enjoyment of future genera-
tions. In carrying out this section primary
attention shall be given to the preservation
and interpretation of their present museum
character, but nothing done under this sec-
tion shall conflict with the administration
of the Department of State or with the use of
the museum areas for official purposes of
the Department of State.
(b) AR77CLES SUBJECT To Dispos,TION.-Arti-
cles of furniture, fixtures, and decorative ob-
jectives of the museum areas, together with
such similar articles, fixtures, and objects as
may be acquired by the Secretary of State,
when declared by the Secretary of State to be
of historic or artistic interest, shall thereaf-
ter be considered to be the property of the
CONGRESSIONAL RECORD - SENATE - October 8, 1987
Sec
*adreshhall b of e state ttodispoQfficw sition capacity
n
accordance with this section
(cl D/aroarlIoN or ARrrasa?-Wheneve*
the Secretary of State determines that any of
the articles described in subsection (b) are
no longer needed for use or display in the
museum areas or that, in order to upgrade
the museum areas, a better use of such arti-
cle would be its sale or exchange, the Secre-
tary is authorized, with the advice and con-
currence of the Director of the National Gal-
lery of Art. to sell the articles at fair market
value or to trade them, without regard to the
requirements of the Federal Property and
Administrative Services Act of 1949. The
proceeds of any such
the unconditional gift account of credited
the De-
partment of State, and items obtained in
trade shall be the property of the Secretary
of State under this section. The Secretary of
State may also lend such articles, when not
needed for use or display in the museum
areas, to the Smithsonian Institution, or
similar institutions, for care, repair, study,
storage, or exhibition.
(d) DEaNr77oN.-Fos purposes of this sec-
tion, the.term "museum areas of the Depart-
ment of state" means the areas of the De-
partment of State Building, located at 2201
C Street, Northwest, Washington, District of
Columbia, known as the Diplomatic Recep-
tion 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.
SEC. 132. AUTHORITY TO INSURE THE FURNISHINGS
OF STATE DEPARTMENT DIPLOMATIC
RECEPTION ROOMS
Section 3 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2670) is
amended-
(1) by striking out "and" at the end of
subsection (i);
12) by striking out the period at the end of
subsection /j) and inserting in lieu thereof
and'; and
(3) by adding at the end thereof the follow-
ing:
"1k) obtain insurance on the furnishings,
including works of art and antiques, which
may from time-to-time be within the respon-
sibility of the Frhe Arts Committee of the
Department of State for the Diplomatic
Rooms of the Department'
SEC. 223. FINANCIAL RECIPROCITY WITH FOREIGN
COUNTRIES
Ia) FINDINGS.-The Congress finds that-
(11 the cost of operating United States
missions in the Soviet Union has been
raised to excessive levels by the imposition
of artificially high exchange rates which are
virtually con iscatory and bear no reasona-
ble relationship to the value of the Russian
ruble on any free world market;
(2) the United states missions in the
Soviet union must pay either in artificially
high rubles or in American currency calcu-
lated on the same artificial basis and more.
over, charges for services to the United
States and other western nations are higher
than those charged to other nations; and
13) in view of the current difficulties for
the United States in operating its missions
in other Eastern European countries as well
as in the Soviet Union, it is time that these
imbalances are corrected and reciprocity en-
sured.
(b) REPORTING REQUIREMENT.-/1)(A) Be-
ginning 12 months after the date of enact-
ment of this Act, and every 12 months there-
after, the Secretary of State shall determine
and so report in writing to the Congress the
extent to which the cost of operating a
United States diplomatic, consular, or other
official mission in the Soviet Union or in
any country member of the Warsaw Pact,
including the cost of acquiring currency
seeessary there/or does not bear a reasona-
ble relationship to-
tal the cost of establishing and operating
institutional activities by other entities in
that country; or
(ii) the value of such currencies deter-
mined at a free market rate in accordance
with standards established in coordination
with the Secretary of the Treasury.
(B) The annual report required under sub-
paragraph /A) shall be submitted by the Di-
rector of the Office of Foreign Missions as
part of the annual report of the Department
of State to the Congress.
(2) In the case of any country in which
costs are determined not to bear a reasona-
ble relationship to the cost or value estab-
lished pursuant to paragraph (1), the Secre-
tary of State shall adjust the cost to such
country, including the Soviet Union. of any
benefits (as defined in section 202 of the
Foreign Missions Act) received in the United
States.
IV Not later than 60 days after the date of
enactment of this Act, the Secretary of State,
in coordination with the Secretary of the
Treasury, shall report to the appropriate au-
thorizing and appropriating committees of
the Congress on plans to implement this sec-
tion. Such plans shall include-
(A) the regulation of foreign missions'
access to, and use 4f, financial services in
the United States;
(B) the regulation of costs of acquisition
and disposition of real property or other
assets in the United States, including the
regulation of amounts to be retained by such
a mission as a precondition of authorizing
a disposition of any property interest; and
(C) the use of surcharges authorized under
the Foreign Missions Act.
(c) DEPnNI77oN of 'BENEFIT':-Paragraph
(1) of section 202(a) of the Foreign Missions
Act 122 U.S.C. 4302(a)(1)) is amended-
(1) by striking out "and" at the end of
clause (E);
(2) in clause IF), by inserting "and" after
'services,'' and
(3) by inserting after clause (F) the follow-
ing new clause:
"(G) financial and currency exchange
services,
SEC. NI. THE NEW SO{'JET EMBASSY.
Notwithstanding any other provision of
law, the Soviet Union shall not be permitted
to occupy (including making use of any
communication equipment or electronic sur-
veillance equipment) the new chancery
building at its new embassy complex on
Mount Alto in Washington, D.C. or any
other new facility in the Washington, D.C.,
metropolitan area until the Secretary of
State and the Director of Central Intelli-
gence certify to the Speaker of the House of
Representatives and the chairmen of the
Committee on Foreign Relations and the
Select Committee on Intelligence of the
Senate that there is a new United States
chancery building in Moscow which is
secure and suitable for United States embas-
sy operations, including operations involv-
ing classified information.
SEC. 135. EMBASSY SECURIT):
(a) THE UNITED STATES CHANCERY IN
Moscow.-Not later than August 31, 1987,
the Secretary of State shall prepare and
transmit to the chairman of the Committee
on Foreign Relations and the Select Com-
mittee on Intelligence of the Senate and to
the Speaker of the House of Representatives
a detailed and specific report which shall in-
clude-
(1) a complete list of options for disposi.
tion of the partially constructed United
States chancery building in Moscow that
will result in a secure facility, together with
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CONGRESSIONAL RECORD - SENATE October 9, 1987
wb) /Unpin.-Fellows May be deemed
to be Federal employees 1bT the purposes of
the Foreign Service Act of 1980 122 U.S.C.
!01 et seq.), title S of the United States Cede,
and all other laws governing Federal em?
ployment, except that, in lieu of compensa-
tion under such authorities, Fellows may be
compensated through a contractual agree-
ment under the provisions of section 2(c) of
the State Department Basic Authorities Act
of 1956.':
SEC. 123. COMPETENCE AND PROFESSIONALISM IN
771E CONDUIT OF FOREIGN POLICY.
(a) PoLIcr ON TihAna)va.-It is the sense of
the Congress that the United States should
have as a fundamental national goal the
strengthening of competence and profession-
alism in the conduct of United States for-
eign policy. To accomplish this goal, the
Congress finds that the national interest re-
quires that the Department of State and
other foreign affairs agencies make a maxi-
mum investment in programs to train its
foreign policy professionals. The Congress
further finds that the new national training
center in foreign affairs, ,authorized by
chapter 7 of the Foreign Service Act of 1980
and section 842(b) of the Military Construc-
tion Act, 1986, is cost effective and will pro-
vide the United states with significant new
capabilities to meet this national goat
(b) POLICY oaf DESIGNS rob New CENTER.-
It is further the sense of the Congress that
the secretary of state should, subject to the
availability of funds and any reprogram-
ming requirements, proceed With base archi-
tectural and engineering design Programs
for this national training center.
SEC. I:I. FOREIGN SERVICE CAREER CANDIDATES
TAI TREATMENT.
Section 301 of the Foreign Service Act of
1980 (Public Law 96-465 is hereby amended
by adding the following after the words
"career appointment" in section 301(d)(3):
'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 the Senate confirmation or that they are
exempt on the basis of serving in an ap-
pointment whose tenure is at the pleasure of
the PresidenL':
PART C-BUILDINGS AND FACILITIES
SEC- IJI. PRESERVATION OF MUSEUM CHARACTER
OP PORTIONS OF DEPARTMENT OF
STATE BUILDING.
(a) Alriwop. r,.-The Secretary of State
shall administer and regulate the museum
areas of the Department of State (hereafter
in this section referred to as "the museum
areas") by such means and measures as con-
form to the fundamental purpose of the
museum areas, which purpose is to conserve
the architecture, furnishings, and historic
objects therein and to provide for the enjoy-
ment of the same in such manner and by
such means as will leave them unimpaired
for the use and enjoyment of future genera-
tions. In carrying out this section primary
attention shall be given to the preservation
and interpretation of their present museum
character, but nothing done under this sec-
tion shall conflict with the administration
of the Department of State or with the use of
the museum areas for official purposes of
the Department of State.
(b) ARTICLES SUBJECT TO DISPOSmON. Arti-
cles offurniture, fixtures, and decorative ob-
jectives of the museum areas, together with
such similar articles, fixtures, and objects as
may be acquired by the Secretary of State,
when declared by the Secretary of State to be
of historic or artistic interest, shall thereaf-
ter be considered to be the property of the
Sscretary of State to his WYiC al capacity
and shall be subject to disposition solely in
accordance with this section.
(e) DrsrosrnoN Of Alt7X2=.-Wheneve-
the Secretary of State determines that any of
the articles described in subsection (b) are
no longer needed for use or display in the
museum areas or that, in order to upgrade
the museum areas, a better use of such arti-
cle would be its sale or exchange, the Secre-
tary is authorized, with the advice and con-
currence of the Director of the National Gal-
lery of Art, to sell the articles at fair market
value or to trade them, 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 De-
partment of State, and items obtained in
trade shall be the Property of the Secretary
o/ State under this section. The Secretary of
State may also lend such articles, when not
needed for use or display in the museum
areas, to the Smithsonian Institution, or
similar institutions, for care, repair, study,
storage, or exhibition.
(d) DznwmoN.-For purposes of this sec-
tion, the-term "museum areas of the Depart-
ment of State" means the areas of the De-
partment of State Building, located at 2201
C Street, Northwest, Washington, District of
Columbia, known as the Diplomatic Recep-
tion 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.
SEC. IJ2. AUTHORITY 70 INSURE THE FURNISHINGS
OF STATE DEPARTMENT DIPLOMATIC
RECEPTION ROOMS
Section 3 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2670) is
amended-
(I) by striking out "and" at the end of
subsection (1);
(2) by striking out the period at the end of
subsection (j) and inserting in lieu thereof
and'; and
(3) by adding at the end thereof the follow-
ing'
"(k) obtain insurance on the furnishings,
including works of art and antiques, which
may from time-to-time be within the respon-
sibility of the Fine Arts Committee of the
Department of State for the Diplomatic
Rooms of the Department":
SEC. 111. FINANCIAL RECIPROCITY WITH FOREIGN
COUNTRIES
(a) FINDINGS.-The Congress finds that-
(1) the cost of operating United States
missions in the Soviet Union has been
raised to excessive levels by the imposition
of artificially high exchange rates which are
virtually confiscatory and bear no reasona-
ble relationship to the value of the Russian
ruble on any free world market
(2) the United States missions in the
Soviet Union must pay either in artificially
high rubles or in American currency calcu-
lated on the same artificial basis and, more-
over, charges for services to the United
States and other Western nations are higher
than those charged to other nations; and
(3) in view of the current difficulties for
the United States in operating its missions
in other Eastern European countries as well
as in the Soviet Union, it is time that these
imbalances are corrected and reciprocity en-
sured
(b) REPORTING REQUIREMENT.-(1)(A) Be-
ginning 12 months after the date of enact-
ment of this Act, and every 12 months there-
after, the Secretary of State shall determine
and so report in writing to the Congress the
extent to which the cost of operating a
United States diplomatic. consular, or other
official mission in the Soviet Union or in
any country member of the Warsaw Pact,
including the cost of acquiring currency
'necessary therr;/or don not bear a reasona-
ble relationship to-
(I) the cost of establishing and operating
institutional activities by other entities in
that country; or
(it) the value of such currencies deter-
mined at a free market rate in accordance
with standards established in coordination
with the Secretary of the Treasury.
(B) The annual report required under sub-
paragraph IA) shall be submitted by the Di-
rector of the Office of Foreign Missions as
part of the annual report of the Department
of State to the Congress.
(2) in the case of any country in which
costs are determined not to bear a reasona-
ble relationship to the cost or value estab-
lished pursuant to paragraph (1), the Secre-
tary of State shall adjust the cost to such
country, including the Soviet Union. of any
benefits (as defined in section 202 of the
Foreign Missions Act) received in the United
States.
(3) Not later than 60 days after the date of
enactment of this Act, the Secretary of State,
in coordination with the Secretary of the
Treasury, shall report to the appropriate au-
thorizing and appropriating committees of
the Congress on plans to implement this sec-
tion. Such plans shall include-
(A) the regulation of foreign missions'
access to, and use of financial services in
the United States;
(B) the regulation of costs of acquisition
and disposition of real property or other
assets in the United States, including the
regulation of amounts to be retained by such
a mission as a precondition of authorizing
a disposition of any property interest and
(C) the use of surcharges authorized under
the Foreign Missions Act.
(c) DEFINl77oN OF 'BENEFrr':-Paragraph
(1) of section 202(a) of the Foreign Missions
Act (22 U.S.C. 4302(a)(1)) is amended-
(1) by striking out "and" at the end of
clause (E);
(2) in clause (F), by inserting "and" after
'services,'; and
(3) by inserting after clause (F) the follow-
ing new clause:
"(G) financial and currency exchange
services,
SEC 134. THE NEW SOVIET EMBASSY.
Notwithstanding any other provision of
law, the Soviet Union shall not be permitted
to occupy (including making use of any
communication equipmentor electronic sur-
veillance equipment) the new chancery
building at its new embassy complex on
Mount Alto in Washington, D.C., or any
other new facility in the Washington, D.C.,
metropolitan area until the Secretary of
State and the Director of Central Intelli-
gence certify to the Speaker of the House of
Representatives and the chairmen of the
Committee on Foreign Relations and the
Select Committee on Intelligence of the
Senate that there is a new United States
chancery building in Moscow which is
secure and suitable for United States embas-
sy operations, including operations involy-
ing classified information.
SEC. 1J5. EMBASSY SECURITI:
(a) THE UNITED STATES CHANCERY IN
Moscow.-Not later than August 31, 1987,
the Secretary of State shall prepare and
transmit to the chairman of the Committee
on Foreign Relations and the Select Com-
mittee on Intelligence of the Senate and to
the Speaker of the House of Representatives
a detailed and specific report which shall in-
clude-
(1/ a complete list of options for disposi-
tion of the partially constructed United
States chancery building in Moscow that
will result in a secure facility, together with
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October 0, 1987 CONGRESSIONAL RECORD -SENATE $14031
Me amount of the anUctfated cost of tmple- (4) a description of the personnel re-
mentl*p each option and a comprehensive sources, office spaew and housing facilities
plan for the implementation of each option: available to the United Staten in the Soviet
(2) a description of the recommended Union and to the Soviet Union in the
option of the Secretary of State for the dis- United States, together with an assessment
position of the partially eonslructed chap- as to whether parity exists and if the United
eery building in Moscow along with a de- States does not have parity with the Soviet
tailed explanation of the reasons for select- Union, the measures required to be taken to
tag the recommended option and an action achieve parity.
plan for promptly carrying out such recom- (di AccouNrAenuTY REvzzw Born.-(1l(A1
mendalion; and Not later than 30 days after the date of en-
(3) a discussion of the feasibility of pro- actment of this Act, the Secretary of State
viding security for the new residential units shall establish an Accountability Review
in the United States Embassy compound in Board as described in title III of the Diplo-
Moscow. along with the cost of any such pro- matic Security Act, as amended by this see-
gram. Lion. Such Accountability Review Board
Ibi TA" FORCE ON THE M AMAOENENT or Sr- shall review all government actions, proce-
Cuwrr AND FoRaroN BuunrNOS BY THE DE- dures, and policies relating to the United
PARTIMNT or S7Ar.-(1/ The Congress finds States Embassy in Moscow and the Soviet
that- Embassy in Washington, as called for by
(A) serious deficiencies exist in the man- such title.
agement and construction by the Depart- (B) The second sentence of section 301 of
nest of State of buildings overseas; the Diplomatic Security Act, as added by
(B) the security function has been plagued this subsection, shall not apply to the Ac-
by an inability to anticipate threats or to re- countability Review Board established
*Pond to threats; and under subparagraph (Al.
(Cl the operations of the Foreign Build- (2) Section 301 of the Diplomatic Security
ings Office have been characterized by cost Act (22 U.S.C. 4831) is amended-
overruns, delays, inadequacies of design, de- (AI by inserting after "mission abroad"
ficient construction supervision, and other the following: "or in any case of serious
management law& breach of security involving intelligence ac-
(2/ There is established a Task Force on tivities of a foreign government directed at
Management of Security and Foreign Build- a United States Government mission
tags by the Department of State. The Secre- abroad,'; and
tary of State shall serve as Chairman of the (B) by Inserting after the first sentence
Task Force and the Director of Central Intel- thereof the following new sentence: "With re-
ligence shall serve as vice-Chairman. Such specs to breaches of security involving intel-
representatives of other appropriate govern- hgence activities, the Secretary of State may
meet agencies as the President may desig- delay establishing the Accountability
nate shall serve on the Task Force. Review Board If he determines that doing so
(3) Not later than August 31, 1987, the would compromise intelligence sources and
Chairman of the Task Force shall transmit methods and promptly so advises the select
to the chairman of the Committee on For-
eign Relations of the Senate and the Speaker
of the House of Representatives a report to
be prepared by the Task Force setting forth a
program to improve the management of the
security function and the Foreign Buildings
Office to as to correct management deficien-
cies, to insure better protection of American
personnel overseas, to safeguard adequately
sensitive national security information, and
to achieve efficient construction of embas-
sies. Such report shall include a detailed
analysis of the organization of the security
and embassy construction functions within
the Department of State, together with any
recommendations for the reorganization
and consolidation of these functions.
(c) REPORT ON 771E Sown' DIPLOeunc EN-
CLAVE AT MOUNT ALTO.-Not later than
August 31, 1987, the Secretary of State, in
consultation with the Director of the Cen-
tral Intelligence, shall prepare and transmit
to the chairman of the Committee on For-
eign Relations and the chairman of the
Select Committee on Intelligence of the
Senate and to the Speaker of the House of
Representatives, in a suitably classified
form, a report on the status of the Soviet
diplomatic enclave on Mount Alto in Wash-
ington, D.C. Such report shall include-
(ii an assessment of whether United States
security interests would be better served by
vitiating the agreements under which the
(A) adequate protection for Classified in-
formation and national security-related ac-
tivities; and
(B) adequate protection for the personnel
working in the diplomatic facility.
12) For any mission for which the certifi-
cation required by paragraph (1) cannot be
made, the Secretary of State and the Direc-
tor of the Central Intelligence shall provide
a description of the deficiencies which make
such certification impossible-
(3) Not later than December 31, 1988, the
Secretary of State shall certify to the chair-
man of the Committee on Foreign Relations
of the Senate and the Speaker of the House
of Representatives the information de-
scribed in clauses (Al and (B) of paragraph
(1) and where applicable, the information
described in paragraph (2), with respect to
all United States foreign missions in coun-
tries designated by the Secretary of State
and the Director of Central intelligence as
'high threat" posts, including terrorist and
intelligence threats.
SEC lit PROHIRIr7ON ON IrlE VW OF FUNDS FOR
FACILITIES IN ISRAEL, JERUSAL EK OR
THE MIST BANE
None of the funds authorized to be appro-
priated by this Act, or any amendment made
by this Act, may be obligated or expended for
site acquisition, development, or construc-
tion of any facility in Israel, Jerusalem, or
the West Bank.
SEC 137. STUDIES AND PLANNING FOR A CONSOLI-
DATED TRAINING FACILITY FOR THk
FOREIGN SERI ICE INSTITUTE
Section 123(c) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and
1987, is amended-
(1) by inserting "(A)" immediately aftert
"(I)'; and
(2)by adding at the end thereof the follow-
ing new subparagraph:
"(D) Of the amounts authorized to be ap-
propriated to the Department of State for
fiscal years beginning after September 30,
1987, the Secretary of State may transfer up
to $11,000,000 for 'Administration of For.
eign Affairs' to the Administrator of General
Services for carrying out feasibility studies,
site preparation, and design, architectural
and engineering planning under subsection
(b).':
PART D-INnmxAnoNAL ORGAN2Anoxs
SEC 141. REF RN IN THE BUDGET DECISION-MAKING
PROCEDURES OF THE UNITED NATIONS
AND 173 SPECIALIZED AGENCIES
(a) FINDINGS.-The Congress finds that the
consensus based decision-making procedure
established by General Assembly Resolution
41/213 is a significant step toward comply-
ing with the intent of section 143 of the For-
eign Relations Authorization Act, Fiscal
Years 1986 and 1987.122 U.S.C. 287e note,' 99
Stat. 405/, as in effect before the date of en-
actment of this Act
(b) REFORM.-Section 143 of the Foreign
Relations Authorization Act, Fiscal Years
1986 and 1987 (22 U.S.C. 287e note; 99 Stat.
405), is amended to read as follows.'
'SEC 141 REFORM IN BUDGET DECISION-MAKING
PROCEDURES OF THE UNITED NATIONS
Soviet Union will occupy the Mount Also ed by an appropriate agency of the United AND ITS SPECIALIZED AGENCIES
site, together with an assessment of the costs States Government. "(a) FINANCIAL RESPONSIBILITY IN BUDGET
and consequences of vitiating the agree- (g) CERT!FICAnoN or THE SEcUR/TY or PROCEDURES.-To achieve greater financial
meets; RECENT EMBASSY CoNsmUCI7oN.-(I/ Not responsibility in preparation of the assessed
(2) an assessment of the benefit to Soviet later than December 31, 1987, the Secretary budgets of the United Nations and its spe-
intelligence collection of the location of the of State and the Director of the Central In- cialized agencies, the President should con-
Soviet chancery on Mount Alto and of the telligence shall certify in writing to the tinue vigorous efforts to secure implementa-
concomitant threat to sensitive United chairman of the Committee on Foreign Re- tion by the United Nations, and adoption
States Government communications; lations of the Senate and the Speaker of the and implementation by its specialized agen-
(3) an enumeration of measures that could House of Representatives that all United tics, of decision-making procedures on budg-
be taken to thwart Soviet intelligence collet- States foreign missions in the Soviet Union etary matters which assures that sufficient
lion activities from Mount Alto, together and all Eastern European countries pro- attention is paid to the views of the United
with the cost of each such measure,' and vide- States and other member states who are
Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelli-
gence of the House of Representatives. ':
(3) Section 304(a) of the Diplomatic Secu-
rity Act f22 U.S.C. 4834) is amended in the
text above paragraph (1) by inserting after
"mission abroad" the following: or sur-
rounding the serious breach of security in-
volving intelligence activities of a foreign
government directed al a United States Gov-
ernment mission abroad (as the case may
be),
lei CERTIFICATION BY 770; SECRETARY OF
STA7x.-No funds may be obligated or ex-
pended for the construction or motor ren-
ovation of any diplomatic facility that is in-
tended to be secure for the purpose of trans-
mitting, storing, or receiving classified in-
formation unless the Secretary of State, with
the concurrence of the Director of the Cen-
tral Intelligence, certifies in writing to the
chairman of the Committee on Foreign Re-
lations of the Senate and the Speaker of the
House of Representatives that the proposed
construction project includes adequate safe-
guards for classified information and for
the conducting of sensitive government ac-
tivity.
(f) POLICY ON PERIODIC INSPECTIONS.-It is
the sense of the Congress that the security of
all diplomatic facilities and personnel
would be significantly enhanced by periodic
a
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814032 CONGRESSIONAL RECORD - SENATE October 0, ZN7
major financial contributors to eager as- sasotatio% for an identical Jew ,rsotnMOM atanaer add to ON aster sane s en Me
at the end of is te,Wativs dams %ftr its in- apse of any ether role of that nos"
eased buoe ovrAts.rrow our Aatsasm Cbwramo- boductioc. such oommitlee shall be deemed 'Va/ T2XWV a=W Due-?Ate section shall
rmM-(1/ With respect to United States as- to be discharged from fir consideration tenoise& on September s9, "as. ,t
seamed contributions to the United Nations of such Joint resolution and such joint "so- WC M eors-nrsa ON IM I=?IONAL
for each calendar tear beginning with Galen- ~a be House placed on the involved appropriate
The International Orpan7WE UP tzations Immuni.
car year 1987-
IA/ 40 percent of the funds available for "I41!/1 When the committee to which a ties Act is amended by Inserting after sec-
Payment of such contributions tray be used Joint resolution is referred has reported. or tion 12 (22 U.S.C.21df 2) the following new
for Such contributions beginning on October has been deemed to be discharged consideration (under
wn 0~
1 of such calendar year: paragraph cup from further 7Jrri'RNAT70Kua. CCAOU77ZE or rays RED crass:
"IB1 40 percent of such funds may be used of, a joint resolution. it is at any time there- ~~, of cousr hra AND Isrsru ca TO
for such contributions beginning on Decent- after in order (even though a previous srZX7ZN tsrB SIO
bee 15 of the same calendar year if the Presi- motion to the same effect has been disagreed onal Committee of
dent has determined and so reported to the to) for any Member of the respective House the Red IZA. Cross, The in view International
its unique stales
Congress that the consensus based decision- to move to proceed to the consideration of itbody named
malting procedure established by General the Joint resolution, and all points of order th Red Cross. view ed Geneva impartial humanitarian of body and named
ut the is v&heir a Conventions timplementation, 1949 sand s-
Assembly Resolution 41/213 is being ample- against the Joint resolution land against the
mented and its results respected by the Gen- consideration ?of the joint resolution) are iconsidered to be an international orhanlsae
eral Assembly; and waived. The motion is highly privileged in We, for considered &he o be ens af this Act and may be
? (CI 20 percent of such funds may be Used the House of Representatives and is vnvi. coo lion f r the rposes rs 4s this Act in the
for such contributions beginning On a date leged in the Senate and is not debatable. The s"Amded ame manner, tote Game extent, and sub-
which is 30 legislative days after receipt by motion is not subject to amendment, or to a s s the same conditions, as such sub-
the Congress of to report described in motion to postpone, or to a motion to pro- ac to a Public h provi-
the
clause (B) unless the Congress within such geed to the consideration of other business. slo( t (ions to s may sa may be extended tin which the torte
30-day Period enacts, in accordance with A motion to reconsider the vote by which the participates pure hi to hey sited
subsection Iel, a joint resolution prohibiting (potion is agr to or disagreed to shall not States or Under the autos pu s any Act of eaty
the Payment Of the rrrnaining 20 Percent of be In- motion to proceed to the Qf -
vrim1ution is cress authorizing such participation or
--rzi nor earn
with calendar year Z$81 98 c 7, no payment may be the unfinished business of the respective
made of an assessed contribution by the House until disposed of
United states to any of the specialized agen- ?'(B) Debate on the Joint resolution, and
eta of tie United Nations if such Payment on all debatable motions and appeals in
would cause the United States share of the connection therewith, shall be limited not
total assessed budget for such agency to
exceed 20 percent in any calendar year
unless to president determines and so re-
ports to the Congress that such agency adop-
made substantial progress toward
tion has
and implementation of decision-
making procedures on budgetary matters in
a manner that substantially achieves the
greater financial responsibility referred to
in subsection (a).
"131 Subject to the availability of apPro-
~ when to the paragraphs determina-
tion, (J (2) ha iv been made, payment of assessed
?- ---- ~.._ may be made
to the United nutsw" or -- --- tea the Joint resolution shall
apencus /as the case may be) without regard fmal passage to the contribution limitation contained in occur.
this section prior to its being amended by "ID) Appeals from the decisions of the
the Foreign Relations Authorization Act. Rules relating
e-
the Senate the House of of the
Fiscal Year 1988.
'VC) DEFINFrION AND PROCmmiES.-(1)(A) sentatives. as the case may be, to the proce-
joint resolution shall be
The provisions of this subsection shall apply dure relating to a debate.
to the introduction and consideration in a decided
House of Congress of a joint resolution de- "15) If. before the passage by one House of
f that House that House
i
on o
scribed in subsection (al(1)(C). a joint resolut
??(BJ For purposes of this mubsection, the receives from the other House a Joint reaolu-
term joint resolution' means only a joint tion, then the following Procedures shall
resolution introduced within 3 legislative apply: ~_. . nI the her
days a fser Vie aaec on w
and civil .tufts threaten the sue
the president described in Subsection House shall not be referred to a committee.
Wafter is received by Congress, the matter 'YB) With respect to a joint resolution of mviva) war the archaeological civist ife site at n
after the resolving clause of which is as fol- the House receiving the Joint resolution- viva l purchase a oit at Tyre; in-
lows: 'That the payment to the United Na- 'Ili) the procedure in that House shall be eluding Purchases of artifacts fby troops
tions of those contributions described in sec- the same as If no joint resolution 'had been el the United ces all pedly Force ade in Leb-
Authorization 143(b)(1)ICI cf the Foreign Relations received from the other House; but o IU ed ; Nations it en Interim prioc eLe-
Authorization Act, Fiscal Years 1986 and 'iii) the vote on final passage shall be on tion and looting it e-(the lyre gull and
1987, is prohibited. the Joint resolution of the other House. act i the United Nations Interim Force in Se;
ar-
"(C) For Purposes of this subsection, the "(6) This subsection is enacted by the Con- Lebanon fUNe at io best protect the in
term 'legislative day' means a day on which gress- chaeological site of Tyre so as to preserve
the respective House of Congress is in sea. "(A) as an exercise of rule resting power of
sign. the Senate and House of Representatives, re- this treasure for future generations.
"(21 A Joint resolution introduced in the spectively, and as such it is deemed a part of Ib) EXTENSION or MANDATE or UNIFIL.-
House of Representatives shall be referred to the rules of each House, respectively, but ap- The Secretary of State is directed to request
the Committee on Foreign Affairs of the plicable only with respect to the procedure the Secretary General of the United Nations
House of Representatives. A Joint resolution to be followed in that House in the case of a and the Security Council to extend the man-
introduced in the Senate shall be referred to joint resolution, and it supersedes other date of the United Nations Interim Force in
the Committee on Foreign Relations of the rules only to the extent that it is inconsist- thLeba e annon IUN sto incthe lude pro ancienttect cosy of
Senate. Such a joint resolution may not be ent with such rules; and
intro before the 8th legislative day after tional right of either House to change the ed to seek an order Prohibiting the purchase
reported
its3)i/mecommittee on
jointresolution has not reported such joint that House) at any t me, in thud same sociatedrwith the United Nations. person as-
equally between those favoring and those op-
posing the Joint resolution A motion further
to limit debate is in order and not debata-
-
ble. An amendment to or a motion
pone, or a motion to proceed
ation of other business, or a motion to re-
commit the Joint resolution is not in Order-
A motion to reconsider the vote by which the
joint resolution is agreed to or disagreed to
to not in order.
(C) Immediately following the conclusion
of the debate on a joint resolution, and a
single quorum call at to conclusion of the
pat -,
WC 141 ISRAELS PARf7CIPAITON IN THE BCONOM?
IC AND SOCIAL COUNCIL OF INS
LWI=LD NA77DAS -
Section 115 of the Department of State Au-
thorization Act, Fiscal Years 1984 and 1985,.
is amended by adding at the end thereof the
following new subsection.'
"(C) If laurel is denied its legal right to
participate of the in United Nations, Economic orra subsidi-
ary idi-
ary organ thereof then the United States
shall Suspend participation in the Economic
and Social Council until Israel is permitted
to participate fully. "
SEC II(.A OF
NORTB ATLANTIC ASSEMBLY D LEGA.
17ON&
Section 1 of Public Laic 84-689 is amended
by adding at the end thereof the following
new sentences: "Each delegation shall have
a secretary. The secretaries of the Senate
and House delegations shall be appointed, respectively, by the chairman ' of the Com-
mittee on Foreign Relations of the Senate
and the chairman of the Committee on For-
eign Affairs of the House of Representa-
tives.':
SEC 143. PR07TC770A' OF TYRE BY THE UNITED NA-
?
LEBANOI%
170AS INTERIM FORCE In
(a) FINDINGS.-The Congress finds that-
(1) the archaeological site of the ancient
city of Tyre is an important part of the her-
itage of the people of Lebanon and of People
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October 9, 3987 CONGRESSIONAL REWRD -'SENATE e ? 814033
(e) Rspoimr.'o Riovr2SSrzm-Not later
than 0 months alter the date of enactment of
this Act, and every 6 months theraaRe-, for
as long as the United Nations Interim Force
in Lebanon remains in Lebanon, the Secre-
tary of State shall report in writing to the
chairman of the Committee on Foreign Re-
lations of the Senate and the chairman Of
the Committee on Foreign Affairs of the
House of Representatives on the progress
made in implementing this sectiaa
SEC. II3. PHI FILEGES AND IMMUNITIES TO OPi7CS3
OF THE COMMISSION OP THE EUROPE.
AN COMMI"NI37ES
The Act entitled '.in Act to extend diplo-
matic privileges and immunities to the Mis-
sion to the United States of America of the
Commission of the European Communities
and the members thereof: approved October
18, 1972 (86 Stat. $151, is amended by adding
at the end the following: "Under such terms
and conditions as the President may deter-
mine, the president is authorized to extend
to other offices of the Commission of the Eu-
ropean Communities which are established
in the United States, and to members there-
of-
"(1) the privileges and immunities de-
scribed in the preceding sentence: or
"(21 as appropriate for the functioning of
a particular office, privileges and immuni-
ties equivalent to those accorded consular
premises, consular offices, and consular em.
ployees, pursuant to the Vienna Convention
on Consular Relations."
TITLE II-THE UNITED STATES
INFORMATION AGENCY
SEC 251. AL7HORIZA770N OF APPROPRIA77O.% AL-
LOCATION OF FUND
(a) AUTHORIZATION OF APPROPRIA77ONS.-
T7jere are authorized to be appropriated to
the United States Information Agency
$377,000,000 for fiscal year 1988 for "Sala-
ries and Expenses" to carry out internation-
al information, educational, cultural, and
other exchange programs under the United
States Information and Educational Ex-
change Act of 1948, the Mutual Educational
and Cultural Exchange Act of 1961, Reorga-
nization Plan- Number 2 of 1977, and other
purposes authorized by law.
(b) ALLOCATION or FUNDS.-Of the funds au-
thorized to be appropriated by this section,
not more than $15,500,000 shall be available
for the "Television and Film Service" in-
cluding WORLDNET (the television service
of the United States Information Agency),
and not more than $2,000,000 shall be avail-
able only for exhibits.
SEC 152. VOICE OF AMERICA.
(a) APIWORPl477ON OF APPROPRIATIONS-In
addition to amounts authorized to be appro-
priated by section 201, there are authorized
to be appropriated $180,000,000 for fiscal
year 1988 to the Voice of America for the
purpose of carrying out title V of the United
States Information and Educational Ex-
change Act of 1948 and the Radio Broad-
casting to Cuba Act.
(b) ALLOCATION of FUNDS.-Of the funds au-
thorized to be appropriated by this section,
$10,000,000 shall be available only for the
"Voice of America: Cuba Service":
(c) CON77NUAnoN OF SLOVENIAN BROAD-
c4s7s.-The Voice Qf America shall use such
funds as may be necessary in order to pro-
vide, on a daily basis, broadcasts in the Slo-
venian language.
SEC 153. BUREAU OF EDUCATIONAL AND CULTURAL
AFFAIRS
(a) AUTHORIZATION OF APPROPRU77ONs.-In
addition to amounts otherwise authorized
to be appropriated by section 201, there are
authorized to be appropriated to the Bureau
of Educational and Cultural Affairs
$185,000,000 for fiscal year 1988 to carry out
the purposes of the Mutual Educational and
Cidtural Exchange Act of 1001. Of the Jtinds
authorized to be appropriated by this sec-
tion, not less .than-
(1) $93,000,000 shall be available only for
grants for the Fuibright Academic Exchange
Programs,
12) $39.000,000 shall be available only for
grants for the International Visitors Pro-
~~$5,250,000 shall be available only for
grants for the Hubert H. Humphrey Fellow-
ship Program;
(4) $2,000,000 shall be available only for
the Congress-Bundestag Exchange;
(5) $500,000 shall be available only to the
Seattle Goodwill Games Organising Com-
mittee for Cultural Exchange and other ex-
change-related activities associated with the
1990 Goodwill Games to be held in Seattle,
Washington;
(6) $5,000,000 shall be available only for
the Arts America Program; and
(7) $300,000 for books and materials to
complete the collections at the Edward Zor-
insky Memorial Library in Jakarta, Indone-
sia.
(b) ALLOCATION OF FUNDS MR EXCHANGES
BETWEEN 77IE UNITED STATES AND 77IE SOVJZT
UNION.-(II Of the funds authorized to be ap-
propriated by subsection (a), not less than
$2,000,000 shall be available only for grants
for exchange of persons programs between
the United States and the Soviet Union.
12) Funds allocated by paragraph (1) or (2)
of subsection (a) may be counted toward the
allocation required by this subsection to the
extent that such funds are used, in accord-
ance with their respective programs, for
grants for exchange of persons programs be-
tween the United States and the Soviet
Union.
SEC 1I. NA770NAL ENDOWMENT POR DEMOCRACY.
In addition to amounts authorized to be
appropriated by section 201, there are au-
thorized to be appropriated to the United
States Information Agency $17,750,000, for
fiscal year 1988 to be available only for a
grant to the National Endowment for De-
mocracy for carrying out its purposes, of
which not less than $250,000 shall be used to
support elements of the free Press, including
free radio, and the democratic civic opposi-
tion inside Nicaragua which espouse demo-
cratic principles and objectives. As is the
case with all programs of the National En-
dowment for Democracy. no employee of any
department, agency, or other component of
the United States Government may partici-
pate directly or indirectly in controlling, di-
recting, or providing these funds to the free
press and democratic civic opposition
inside Nicaragua.
SEC 253. EAST-WEST CENTER
There are authorized to be appropriated
$20,000,000 for fiscal year 1988 to carry out
the provisions of the Center for Cultural and
Technical Interchange Between East and
West Act of 1960. -
SEC /s3. POS75 AND PERSONNEL OVERSEAS
(a) PROHI81770N.-No funds authorized to
be appropriated by this Act or any other Act
may be used to pay any expense associated
with the closing of any post abroad. No
funds authorized to be appropriated by this
Act shall be used to pay for any expense as-
sociated with the Bureau of Management or
with the "Television and Film Service" if a
United States Information Agency post
abroad is closed after April 1, 1987, and not
re-opened within 90 days of the date of en-
actment of this Act.
(b) LIMITATION ON REDUC77ON OF POSI-
TIoNs.-Reductions shall not be made in the
number of positions filled by American em-
ployees of the United States Information
Agency stationed abroad until the number of
such employees is the same percentage of the
total number Qf AmericanAeewg)toyees Of the
Agency as the number of ' n employ-
ees of the Agency stationed *boad to 20$1
was to the total number of merlcan em-
ployees of the Agency at thame time in
1581.
(c) WAtvrit -Subsections (al, and (b) shall
not apply to any post closed-''11 ''
(1) because of a break or downgrading of
diplomatic relations between the United
States and the country in which the post is
located,
(2) where there is a real and present threat
to American diplomats in the city where the
post is located and where a travel advisory
warning against American travel to the city
has been issued by the Department Qf State,
or
(3) when the post is closed so as to provide
funds to open a new post, staffed by at least
one full-time foreign service officer, and
where the Director of the United States In-
formation Agency reports to the Committee
on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House
of Representatives that-
(A) the new post is a higher priority than
the post Proposed to be closed; and
(B) the total number of United States in-
formation Agency posts abroad staffed by
full-time Foreign Service employees of the
Agency is not less than the number of such
posts in existence on April 1, 1987.
SEC 257. THE ARTS AMERICA PROGRAM.
Section 112(a) of the Mutual Educational
and Cultural Exchange Act of 1961 (22
U.S.C. 2460(a)) is amended-
(1) by striking out "and" at the end of
paragraph (6);
(2) by striking out the period following
paragraph (7) and inserting in lieu thereof
and':-and
(3) by adding at the end thereof the follow-
ing new paragraph:
"18) the Arts America program which pro-
motes a greater appreciation and under-
standing of American art abroad by sup-
porting exhibitions and tours by American
artists in other countries.':
SEC 253. CONGRESSIOA'AL GRANT NO7TPICATION.
(a) IN GINIRAL.-Section 705(b) of the
United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1477c(b)) is
amended by striking out "1986 and 1987"
and inserting in lieu thereof "1988 and
1989":
(b) Emcnvx DATE.-The amendment
made by subsection (a) shall take effect on
October 1, 1987.
SEC. 25A IORTY-YEAR LEASING AUTHORITY.
Section 801(3) of the United States Infor-
mation and Educational Exchange Act of
1948 (22 U.S.C. 14 71(3)) is amended by strik-
ing out "twenty-five" and inserting in lieu
thereof "forty".
SEC 213. RECSIP75 PROM LVGLISN-TEACIIINC,, U.
BRARY, MOTION PIC7VRE. AND TELEr1-
SION PROGRAMS
Section 810 of the United States Informa-
tion and Educational Exchange Act of 1948
122 U.S.C. 1475e) is amended to read as fol-
lows:
"SEc. 810. Notwithstanding the provisions
of section 3302(b) of title 31, United States
Code, or any other law or limitation of au-
thority, all payments received by or for the
use of the United States Information Agency
from or in connection with English-teach-
ing, library, motion picture, and television
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 appro-
priation Act".
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814064 CONGRESSIONAL WORD -SINATE Qefober O, I N7
Soviet baoRlrvshnds
We StL FOO1/ IP a' Cay81flV1 a 'AL All' a) as Ueitsd States t%ftrmstion Agency Nahsioal OW Vow
IvtatACT. OW 0040181" as vas of the 'wat Minif1- Ito pesos hold" say Compensated Stale or
it FxDxz&L stlPPQar POP PsossatoAs ter cant international pdittawsa lr inter- raderal to Vie o Co Sun be 8148" *r sppoMa
?he President in support of She statutory arts as0esfed to be aoahonting e United eat The runners stall deeipsaole s tahaf~
program of American studies abroad, is di- States during the programs pear M
IM -AV rected to Jbster studies in constitutional de- (2) it is the stated policy the United man among the members of the Corn-
moeracy at the Santo Tomas University in States Government to ecovs issmembers of the Commission shall
the Republic of the Philippines by support- importance both of steeping the Afghanistan yai n me
ing at such university under section story on the world's front page and of Oct- receive no compensation for their services
202(61!4/ of the Mutual Educational area lino the message of our admiration and ssup- as members but &%all be Subsistence to{ vetm-
Cultural Exchange Act of 1161 122 U.S.C. port across to the Afghan people'. bursement for travel and 2452(b)i4)) a professorship on the subject of (3) Public Law 99-399 expresses the sense section with attendance of meetings away
constitutional democracy. if such professor- of the Congress that "the United State so from their places of residence, as provided
ship is established by such university. long as Soviet military fore" occupy Af- in paragraph (6) of section 801 of this Act
(b) FnuNCUL SUPPORT POP 1711 PROP=OR- ghanistan. should support the aforts of the ..(f/ The Commission may adopt such rules
anw.-If the professorship referred to in sub- people of Afghanistan to regain the sover- and regulations as it deems necessary to
section (a/ is established by the Santo *Jgnty and territorial integrity of their curry u titlt. out the authority conferred upon them
Tomas University in the Republic of the nation through ... a continuous and vigor-
Philippines, veterans of the Pacific theater out public bJOrmaion campaign to bring '(g) me emission shall have a stall' Di-
in World War II and veterans of the Korean the facts of the situation in Afghanistan to rector appointed by the chairman with the
conflict and Vietnam era are encouraged to the attention of the world". concurrence N at least 5 members of the
contribute funds under section 105(f) Qf the (b) Tea AraOANIZThN ODUMMY Pus.-(I) Commission. The Director of the United
Mutual Educational and Cultural Exchange The Director of the United State Hnforma- States Information Agency is authorized
Act o/ 1961 (22 U.S.C. 2455(f)) to support Sion Agency shall implement a formal. corn- and dto provide such additional per-
such professorship. prehensive country plan on Afghanistan sonnel directed for ct the staff of the Commission as is
(c) Errzcr7Vz DArx.-This section shall based on the guidelines set forth in the necessary to carry out the work of the Corn-
take effect on October 1, 1987. Un#ed States InJrormation Agency country mission. The Chairman is authorized to pro-
ne Rix ON1T8'DSTATSSiNDIA PUND. plan instructionsJorfscal year 1988. cure temporary and intermittent services to
section 903 of the united States-India (2) Not later than d days the eT Dthe date of irector the the same extent as is authorized by section
Fund for cu22 U. Educational, 0-1 is United States Information Agency shall pro- rate ono ttitle o exceed United
the equivalent of the Cooperation amended by adding at the end thereof the side Congress in writing with the proposed annual rate of basic pay for grade GS-18 of
following new subsection: comprehensive Afghanistan country plan. the General Schedule under section 5332 of
"(c) In accordance with the agreement ne- SIC vIs VNMTD 8rAITS ADYtsORY COMMISSION ON title 5, United States Code. "
potiated pursuant to section 902(a), the PVRICDIPLOMACY. SEC :IL INS EDWARD ZORl1SXY MEMORIAL U.
moneys appropriated as described in subsec- (al RrpSAL-Sections 601, 602, 603, and RRARY.
lion (b), as well as the earnings generated 604 of the United States information and (a) MEMORIAL FOR EDWARD ZORINSJTY.-The
Service Library
therefrom, may be made available for the Education Exchange Act of 1948 (22 U.S.C.
purposes set out in section 902(a)." 1466-1469) are hereby repealed United States Information Jakarta, Indonesia is named 'The
SEC SIR UNITED STATES.PAIQSTANPt/ND (b) ESTABLISAMEN' or ADVISORY Couwis- in in ark Jakaeta, y Me Indonesia Library'.
(a) Esr'BUSNMENT Or FUND.-The Director LION.-Title VI of the United States Informa- Iw Edward Zns Memorial Director of the
of the United States Information Agency tion and Educational Exchange Act of 1948 united N ort States Information e shall
(hereafter in this section referred to as the is amended by adding the following new sec- Uni plaque to bo made and Agency shall
'director"/ is authorized to enter into an lion: displayed use e a a S p ry de and prominently
agreement with the Government of Pakistan -51C esl. VNITYD STATES ADVISORY COMMISSION at at the sry bear described in the subsec-
ion to) 77 plaque libra following
for the establishment of the United States ONPUBIJCDIPLOMACY. inscription:
Pakistan Fund for Cultural, Educational 'Ya) There is hereby created the United
and Scientific Cooperation (hereafter-in this States Advisory Commission on Public Di- "THE EDWARD ZORINSKY MEMORIAL
thereafter in this section referred to LIBRARY'
the '
section United relined to as the -Pun d'7 for twhich ime plomaM
the United States es will provide a one time as the 'Cbrnrrhission J. The Commission shall This library is dedicated t:) the memory of
only grant for English language training or formulate and recommend to the Director of Edward Zorinsky, United States Senator
other cultural educational and scientific the United States Information Agency, to from Nebraska. As a Senator, Edward Zarin-
program Q/mutual interest the Committee on Foreign Relations of the sky worked tirelessly to promote the free ex-
(b) Use or FoW1mN CURRINCIrs.-Subject senate and to the Committee on Foreign Af- mange of ideas and people between the
to applicable requirements concerning reim- fairs of the Howe of Representatives poli- United States and other countries. This li-
bursement to the Treasury for United States- vies and programs for the earry{ng out Of brary, which is a forum for the exchange of
owned foreign currencies, the Director may this Act and the Mutual Educational and ideas and knowledge between the people of
make available to the Fund to the extent Cultural Exchange Act of 1961. the United States and the people of Indone-
and in the amount provided in an appro- "(b)(1) The Commission shall consist of 9 rite was reopened after a hiatus of more
priation Act, for use in carrying out the members. Five members shall be appointed than twenty years as a result of legislation
agreement authorized by Subsection (a), up by the President and shall serve for the re- authored by Senator Zorins+Ly'!
to the equivalent of $598,176 in foreign cur-. mainder of the President's term in office. SEC sir. CONTRACTOR REQUiRE.MENTS
rencies owned by the united States in Paki- The 4 remaining members shall be appoint- Sal FINDINGS.-Thal Congress finds that the
stern or owed to the United States by the ed as follows: overriding a) FiN GS.-Tae Congres winds that the
Government of Pakistan. Such use may in- "(A) Two members shall be appointed by onational modernization pro-
income investments in order to generate the chairman and Ranking Minority ,00, the 0 facilities ad require the ro-
income which will be retained in the Fund Member of the Committee on Foreign Raa- gram of iae Voice of America req as-
under all cu in errupte e for logist the psuppos-
r
and used to support programs pursuant to lions of the Senate, whichever is not of the surance
the agreement same political party as the President under all c in the best interests p gram.
(c) UNITED STASIS Row Dv ADMDVISTRAT7ox (B) Two members shall be chosen by the U7WCWOM it is nited States to provide a preference the
or 1x1 FUND.-The United States representa- Chairman and Ranking Minority Member of United States contractors bidding on for
or entity other agreement createin the d House of Representatives whichever is not projects of this progrm.
lives on any board the
ter ter the FFunund with shaft the be designated anby the Di- of the same political party of the President. (b) PREJERENCI PoR UNIr1D STA7rs CON-
the ~~-Notwithstanding any other pt+o-
rector, predominantly from among repre- "(2) The congressionally appointed mem-ase where
there
are genc es, of the United States Government bers gress in which they are appointed two or more qualified cbidders on projects of duration vision of IGIA in any grams s, including those administering ehg pr of f the e rs Cof the shall serve grams which may be supported in whole e or or eir Sus cessors are appointed. A vacancy Voice of America, including design and con-
(d) part s the Fund. /d) / Uss or 7721 FUND.-United States Gov- shall be filled in the manner to which the struction projects and projects with respect
ernment agencies carrying out programs of previous incumbent was selected and shall to transmitters, antennas, spare the pads, and
the types specified in subsection (a) may re- serve only to the end of the term to which other technical equipment, all nited ceive amounts directly from the Fund for the previous mincumns the h had been pore me appointed. sisal id Uni led US ten States ~tu or quuans
SEC in carrying out those progra
SEC s2/. UNITED STATES iNPORMATlON AGENCY represent the public interest and shall be se- Shall be considered to be reduced by 10 per-
PROGRAMMING ON APGIIANISTAN. leeted from a cross section of educational, cent.
(a) FIND,NOS.-The Congress finds that- professional mural scsentv'iA business. (C) ExcerTTON.-
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Oc ber 8, -08f CONGRESSIONAL RECORD .. ': ? I i
p/ Subsection A! shall set apph wltih fF let 1/s1Cl7rs MIsL - Thi prostslaar 4: 'rr ?Yz.videft man select OR a rr'p-Mgm
aped to as ' sr ct of the facilities modsrs- section shall apply to any prdeel toil. 'Msts to the srsst,um ext,mt prMelk *
dos Vrairram N the Voice W America spiel 10 uhwh Me 1 0ee0 SOr Prop ' ,,.ts ibvi mem bers to sour dose year Serm& lbsr
when- foonsmonly s n ft o v toss " B P P I I o r w - members to s e r v e two pear terms, and t h e re-
,?P.- (A) precluded by the germs o f an interna- vitation F a r B i d s (commonly to t v ins matnlwg members to serve a eat-year
r>r tr: 4 tioaal agreement with the host foreign coon- ? IFB") was issued Otter December 28, 194 Thereafter each appointment shall be for a
try, sac La SAIARTIA ladle I oIAL LXCRA..''.5 thre-year turn.'
r, Y (B) a foreign bidder can establish that he PROCRAat (D: Vaearvci s; CxAnu uncsrarr.--Sec?ton
is a national Of a country whose government tal(l) 77te purpose of this &action s to p' 296(b)
permits United States contractors and sttp- note fyi p and tanderstawdtag betwe (3)07) o the Convention on Cultural Prep.
pliers the opportunity to bid an a oornpeti- the United States and the Soviet Unit erty Implementation Act (19 V.S.C 134i
panston of- (2) To carry out the purposes of this see- pined.; portion of the term, ff the vacancy ac-
(t) its national public radio and television , the Bureau of Educational and Cultur- cursed during n term of Offuer- Any member
sector, or al Affairs (hereafter in this section 'zfrr ed elf the Committee may continue to serve as a
(ii) its private radio and television sector, to as the "Bureau") is authorized to provide wnern er of the Committee alter the expirn-
to the extent that such procurement or by grant, contract, or otherwise for educa- lion of his term, ofoffiae until reappointed
project is, in whole or in part, funded or oth- tional exchanges, visits, or interchanges be- .,- ur,' i.' his successor has been appointed
erwise under the control of a government tween the United States and the Soviet -'hits Thu President shall der". note a
agency or authority, or Union of American and Soviet youths under i hail-San of the Committee frcrn the mem-
(C) A foreign bidder can establish that the the age of 21. 1-, ?,r o.% the Committee.':
United States goods and services content of (3) The President is authorized to enter
his proposal and the resulting contract will into an agreement with the Government of r- a AUDILrACP Pr7trZr OF r1c%A vmilt[rhvet
not be less than 60 percent a/ the value Qfhis rs~a+:tust
the Soviet Union to carry out paragraph (2). o) ()j the funds authorized Sc be a l
proposal and the resulting total contract n.e( HA) M. M-., is uThOri ed M e o)
t
l
hi
d
ovide
he
.. na
s
ps w excep
?~~ tiov t;l.??(b), not less than $500.000 shall 1>r
to the United States la- awar
rr
ive eernt
formation Agency that the foreign bidder is dente avert 1 .bl,f
such projects within that country. and comp, 14y such al the A. f`. Nielson C . ? :.
(2) An exception under paragraph (11(C) (iv) who meet the conditions Qf paragraph ny, wh ?c) has a long esrablis).ed reput utes-,o.,
shall only become effective with respect to a (2). for ob'cct;ve estimates Qf audience size and
foreign country 30 days after the Secretary (B) In awarding scholarships under this which ?Am not less than la vecre cf.forester
of State certifies to the Committee on For- paragraph, the Bureau shall consider the fl- loaf experience in estina,:f:,,.; audienev, size.
sign Affairs and the Committee on Appro- nancial need of the applicants. (c) Not Icier than 9 mo-:thi chef th- d^t
prsations of the House of Representatives (C) Each scholarship awarded under of enactment, the Director ref the T)'-' Id
and the Committee on Foreign Relations clause (A) may not exceed $5,000 in any aca- States Information Agency shall subrnii a
and the Committee on Appropriations O the demic year of study. report to the Chairman of the Cram ms!:'ee on
Senate what specil`ic actions the Secretary (2) The Bureau shall prescribe such regula- Foreign R.?Iationa of W. Sena:, rand 11,-
has taken to urge the foreign country to lions as may be necessary to establish proce- Chairman of the Howe ,;rls- r:., FPr-
permit the use of United States contractors duns for the submission and review of ap- eign Affairs nontaininy:
on such projects. plications for scholarships awarded under 11) the best estimate bar afar v~-np vii peer.
Ids DErmuraim-For purposes of this sec- this section. forming the audience iiirs e Q Use nur?ibmgni&-Ths Congress fields that-
(ii the upcoming discussions between See-
retaary of State Shutts and Soviet Foreign
Minister Shevardnadse and the subsequent
summit between President Reagan and See-
reetary General Gorbachev provide the
United States with an opportunity to en-
chief of mission or the deputy chief of Buis- from Angola, he passible provision of hu-
sion. rsanitarian assutsnoe, and Me holding of
(b) TERMINArroN OF BzNarrrs on ENaratmo free and fair elections,'
rN HosnLr INraurcavcx Acriv rs.- (2) the Marxist repine in Angora known as
(1) The Secretary of State shall exercise the the Popular Movement for Liberation of
authorities available to him to ensure that Angola (hereafter in this section referred to
the United States does not provide, directly as the "MPLA'i is Currently launching a
or indirectly, any retirement benefits of any major dry-season offensive against the
kind to any present or former foreign na- democratic opposition involving thousands
tional employee of a United States diplo- of Cuban troops and billions of dollars in
matic or consular post who the Secretary sophisticated Soviet weaponry;
reasonably believes engaged in intelligence (3) the Marxist MPLA regime, propped up
activities directed against the United States. by 37,000 Cuban troops, 2,500 Soviet mili-
12) The Secretary of State may waive the tarn advisors and thousands of North
applicability of subsection (al on a case-by- Korean and East-bloc Communist forces,
case basis with respect to an employee if- has refused to respond to diplomatic ges-
(A! the Director of Central Intelligence re- tures by the democratic opposition forces,
quests such waiver, or opting to prolong a war that has taken over
(B) the Secretary determines that such 65,000 lives;
of all the detained chitdsen waiver is vital to the national security of (4) a majority of the national budget is
(C) provide the detained children with the United States to do so and reports such used to maintain this war effort including
adequate food, clothing, and protection. and waiver in advance to the appropriate com- $700,000,000 a year to pay Cuban mercenar-
(D) permit a recognized, independent, and mittees of the Congress. its, and more than $1,000,000,000 this year
impartial international humanitarian orga- (c) REPORT io CoNCrcess-Not later than 6 alone to the Soviet Union for weapons;
nization to verify that the provisions of this months after the date of enactment of this (5) the people of Angola are starving be-
section are being carried out and that the Act, the Secretary of State in consultation cause of the hardships resulting from 12
detained children are not being abused, tor- with the Director of Central Intelligence years of civil war and the inefficient Marx-
tured, held in solidary confinemen.i, and are shall submit to the Congress a report dis- ist economic policies;
not being held in detention in the company cussing the advisability of employing for- (6) the Marxist regime has turned to the
of adults; eign nationals at foreign service posts international community for $1,200,000,000
(4) calls for the apprehension and trial of abroad (including their access to automatic in food aid while it continues to pump bil-
all those individuals who execute children data processing systems and networks). lions of dollars into the war; and
by violent activities, including necklacing, SEC sae PROCESSING OF CUBAN NATIONALS POR (7) the growing intensity of the war, the
and the cessation of these activities. ADIRSS1ONTO UNITEDSTATES starvation and mounting suffering of the
SEC. 524. AC77NG IN ACCORDANCE 57771 JATBRAA- la)(1) On and after the date of enactment Angolan people, the continued occupation of
T70NAL LAW rN 7HE PERSIAN GOLF. of this Act, consular officers of the Depart- Angola by Soviet and Cuban forces and the
(a) Frrrrmas.-The Congress finds that- ment of State employed in the United States intransigence of the MPLA to negotiate with
11) According to Article 2 of the 1958 interest section in Havana. Cuba, and ap- the democratic opposition4 give new urgency
Geneva Convention on the High Seas, every propriate officers of the Immigration and to reach a peaceful solution.
2, staled that eleven children under the age
of 16 were in detention; and as of October,
69 children under the age of 18 are still in
detention; and
14) human rights groups in South Africa
estimate that many more children have been
detained under state of emergency regula-
tions than the Government of the Republic
of South Africa admits.
(5) the state of emergency regulations
allow for the detention of individuals with-
out charge for an indefinite period of time;
and
(6/ the United States Ambassador to South
Africa Edwar J. Perkins has stated that
such detentio;. s are "a most serious abuse of
human rights. particularly so where detain-
ees are Childre i as aoung as 11.
(b) PoLtrr.-The Senate hereby-
(1) calls for the cessation of the practice of
detaining children under 18 years of age
without charge or trial in South Africa;
(21 Calls for the South African Government
either to welease all children in South Africa
under state of emergency regulations and
other laws which authorize detention with-
out charge or I rial or charge them and allow
them their rights of a fair and public trial;
and
13) pending the release of the children,
calls on the Government of the Republic of
South Africa to-
(A) permit the detained children immedi-
ate and frequent access to parents and legal
counsel;
(B) make public the names and locations
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October 9,1987 CONGRESSIONAL RECORD -SENATE 814M S
(b) Palace.-It is the sense of the Congress a nonfmmiprent tspirod not later than t of Cambodia. to violating the flnsdamastal
Abat- Mon11x .rtes July Zri, nit MnrvsOh the pas- Mamas rights RI the Classbodtas Peop8C and
III She i ^*W .'talus should eentfnue go ape of time or the alien applied for osptum M the government ofthe Socialist Repub.
welt tosssrd s peaortfd ,aaslution b Mn An. under section 207 before July 21, "I[ he of V ldnam should tanvnediately with.
Bolan Conflict that includes- IN RZC'Onv Or ltiJIM MWr 1ttSTDZWCT As OF draw ads occupation /braes ltiom Cambodia
w the eofspiele WiVWt uval R all Soviet. fats t1, llli.--Upon spprvval RI an alien' and agree to negotiate a settlement which
Cubes . and her C bbwpnunist formes: application for adjustment of status under restores sejf.Qeterminatios to the taambodi-
tB) a aeaadaabed settlement to Me U-year subsection ta), the Attorney General shall es- an people.
von Mice teadenp So the Formation of a pov- tubluh a record of the alien' admission /or UC SM AssnTAAWCtV -UMIMrof?Squiiaal78:
emment of mesonsl unity and the holding permanent residence as of July 21, 1984.
gfjise and Asir elections; and Id) No Qrlwrr m Nu war i or Vets A vss - law, Noturithstan O*thsy amounts authorized any 1 S aA~ae? provision of
/Ch d/orts br flee Praideat and the Seen- ARLS.-When an alien is granted the states ppro-
Iary of State to cower to the Soviet leaden aT ha vine been lawfully admitted for Penna. Prated So Carry out Chapter 4 of part li of
at the upcoming conference and sauswiit Sent residence pursuant to his section, the the Foreign Assistance Act Of 1961 (relating
that tike apgnessine military build-up to Secretary of State shall not be required to to the economic support fund) Jar each of
Angola it a direct obstruction to positive be- reduce the number of immigrant visas au- the fiscal years 1885 and 1989, not less than
lateral reiationa and that the United States thorized to be issued under the lwnnigration t1.DOtl,APO shall be available only for the un-
is committed to supporting democratic and Nationality Act and the Attorney Gen- onruiitiona1 support of the endevendent
foram in Snooze Until alewaocsney is era! shall not be requuired to charge the alien Polish trade union 'S1ohdarity"
achieved.' any fee. WC 3h1. fMTA7YA1/OK1L PAtiMTAL t#ILa AaDtc-
(2) the People oAngole should not be left ft) Arrucxltow or IMYICIAA1rOM AND NA- 770M
to starve because RI Me belligerent and iaef- norvautr Acr PRoviswas. Except as other- ARJ For purposes ofskis section-
/ective polwies of the Communist regime, wile speciJioally provided in this section, (1) the term "child" means a person under
and the regime should not have the opportu- the definitions contained in the Immiura- the age of 18 at the time the offense oc
nity to manipulate the distribution olJiood Lion and Nationality Act shall apply in the cursed,
aid to oohiese its own political obectever administration of this section. Nothing con- R/ the teen ''detains" means taking or re-
IJ) the Uailed States Mould consider re- rained in this section shall be held to rn;peal, raining physical custody of a child, whether
ponding to the A.uanaa.ilariao weeps 4f Me amend, slier, modify, effect, or restrict the or not the child resists or objects; and
Angolan people, but 4/SAe United States does powers, duties, functions, or authority of the 00 the term Zawfal Custodian" means-
so it should be in an evenhanded awawier, so Attorney General in the administration and TAI a pennon at persons pranced legal ew-
Viat Angolans throughout the entire divided enforcement of such Act or any other taw re- y of a child or entitled to physical posses.
country are provided with food and basic lating to immigration, nationality, or natu- lions of a child pursuant to a court order; or
waedioal ears' ralization. The fact that an alien may be ell- f81 the mother af the child when the par-
14) any huawsutariaa assistance should gtbte to be granted the status of having been ents have not been married, Me fathers pa-
not be distributed by the government or porn lawfully admitted for permanent residence ternity has not been established by a court
ernnent-operated snstituteons, but through under this section shall not preclude the of law, and no other person has been grant.
apolitical agencies, private and voluntary alien from seeking such status under any ed custody of the child by a court of law.
orpanizatione and non-gorernmenbal orpa- other provision of law for which the alien 1b)1Vhoever-
nizations; and may be eligible. M intention
15) the Secretary of State should prepare (f) This section may be cited as the 'Polish conceals or detains removes
outside or
and transmit to the Congress a report detail- Permanent ,kesideat Adjustment Act of 1uon-
ing the progress of the discussions between 1987", sent in ntiofnt the the soUnited without
n who has States been grated con-
the Soviet -Union and the United States on Sac in rirmAxES6 DCC PA 770A OF CA RO.DIA. or sent Cas granted sole
Angola as previously referred to and detail- la) The Congress finds that- custody, care, or Possession of the
ing any other bilateral negotiations c/fect- 11) the armed forces of the Government Qf child;
ing the Angolan conflict which were held in the Socialist .Republic of Vietnam have in- 12) intentionally o th removes a ated in voila.
accordance with the President' priorities of vatted and occupied the territory 4f Cambo- Jurisdiction
of a Gaon valid cod co t order prohibits
regional c o n fl i c t s with t h e Soviet Cation dip t h e r e b y u n d e r m i n i n g t h e sovereignty the then r e m o v a l oed order which prohibits
such us Afghanistan and Nioar-jgia. as one and political stability 0/Cambodia; d on. State ache nd from L local junu-
Qf the crucial areas gjbilateral : 3ations 12) by innaadiag and occupying Cambodia, 131 n. State or lie exited Stoles,
SEC. al& AkJL TYEAT To PERSiAAa' r JtiSSDEticE the Government of the Socialist Republic Of !J) intentionally removes a child Jromu, or
Oh ',TrtrAU NArKI11AM i p'POw.AAD. Vietnam violated its obligation, undertaken conceals or detains a child outside the furis-
(a) ADxEa7wcMr or SrA7vs.-The status of upon becoming a member of the United Na- diction of the then or States without the con-ustodi any alien described in subsection 1b) shall tions in 1977, not to use Joyce against the sent of-the waother or lawful t ive loran r f the
as U the person is a putative father who
adjusted by the Attorney General, to that territorial Integrity or political dndepet he hchild
of an alien lawfully admitted for permanent tree Qf any state,' has not established paternity of the child
residence fT- (3) the General Assembly of the United Na- .14) being a parent a/ a child born out d
(1) She alien applies for such adjustment Lions has on eight separate occasions de- wedlock if the paternity of the lather has
within two years after 1h.e date of the enact- plored the continuing occupation of Cambo- been established by a court of Jaw but there
ment of this Act' dip and called for the withdrawal 0,1*11ion- has been no order of custody, aemwroes a
12) the alien is otherwise eligible to receive eign military/oraufrom Caas