FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 1988

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CIA-RDP89G00643R001200010027-4
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K
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35
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December 23, 2016
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December 19, 2011
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27
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October 9, 1987
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REGULATION
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Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 1 Date ROUTING AND TRANSMITTAL SLIP S-/2 TO (Name, office symbol, room number, Initials Date building, A /Post) 1. Fz"Vff D STAT As Requested For Correction Prepare Reply Circulate For Your Information see me Comment Co investigate Signatu ordination Justify REMARKS -- Ott ? t?4evl SPit~tl'e (/ti( Sf'Orl v F S }'f re /(/O w Cc o4s 'e , ) pas s 7~ fo/(a t-iJ 2. OCT 199L 3. 0 D cc\ O OCT 4 . 00~ fie. sic S. Action File Note and Return Approval For Clearance Per Conversation DO NOT use this form as a RECORD of approvals, concurrences, disposals, clearances, and similar actions it) I Room No.-Bldg. 7 OPTIONAL FORM 41 (Nov. 7.7S) houribe# 1~r asA FPMR (41 CFR)101.11.20$ Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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. Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 ATF~ 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 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 ~~. Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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. Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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), Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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- Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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.' Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19 CIA-RDP89GO0643R001200010027-4 814030 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 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 814030 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 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19 :CIA-RDP89G00643R001200010027-4 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". Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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.- Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 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 I,,m?S1_ Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 Declassified in Part - Sanitized Copy Approved for Release 2011/12/19: CIA-RDP89GO0643R001200010027-4 - 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