FY90 STATE AUTHORIZATION BILL, S. 928

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP93B00099R000300060006-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 17
• Document Creation Date: December 23, 2016
• Document Release Date: December 30, 2013
• Sequence Number: 6
• Publication Date: May 16, 1989
• Content Type: MEMO

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STAT
MEMORANDUM FOR:
FROM:
16 May 1989
OCA 1623-89
Comptroller
SA/CONG/DO
Director, Security Evaluation Office
Deputy Director for Physical & Technical
Security/OS
Deputy Director for Personnel Security/OS
Executive Officer/OP
Legislation Division
Office of Congressional Affairs
SUBJECT: FY90 State Authorization Bill, S. 928
1. Attached for your information and review is a copy of
another Senate version of the Department of State Authorization
Bill. There are several provisions in this bill which are of
interest to the Agency and which do not appear in the prior
Senate version or the House-passed version.
2. Section 107 prohibits Federal officers and employees
from soliciting funds from others to further objectives,
including intelligence objectives, expressly forbidden under
the law. Violation of this provision would be punishable by
fine and/or up to five years in prison. Section 108 prohibits
Federal assistance to a foreign country if the assistance would
further illegal intelligence activity. Section 801 proscribes
direct or indirect assistance to the Khmer Rouge or any group
associated with it, except for humanitarian assistance.
3. Both Senate bills are scheduled for markup on 16 May.
Should these provisions remain in the version voted out by the
Foreign Relations Committee, we shall work with the
Intelligence Committee before the bill goes to the Senate floor
for a vote. We shall also keep you apprised of other actions
taken regarding these and any other provisions which may affect
the Agency. Should you have questions or comments, you may
STAT telephone me on
Attachment
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iS 4886 CONGRESSIONAL RECORD ? SENATE
ated, and at the core of this legislation
lies their findings.
The equity achieved in this legisla-
tion is indeed a reflection of the work
and cooperation that came from all
participants. I would like to thank
.Senator SASSER for his work in bring-
ing the States and the executive and
legislative branches together again to
work out a final draft of this legisla-
tion which passed the full Senate last
year and is being introduced today.
For the record, I want to say a little
about why this bill authorizes the ex-
change of interest between the Feder-
al C-overnment and the States. The in-
terest exchange provision in the bi
provides an incentive for the timel
payment of funds. If this were a per-
fect world, this provision would not be
needed. But, unfortunately, experi-
ence has shown that States don't
always get funds from the Federal
Government when they need them,
and not all States have historically
waited until they need funds, to draw
tliem down. Clearly, we must develop
cash transfer policies that are fair,
uniform, predictable and enforceable.
To accomplish this end, the bill uti-
lizes the making whole concept in that
whoever has use of the money pays for
it, compensating the other party for
any loss of investment opportunity.
Added to the bill is authority for the
Treasury Department to penalize an
agency that. Is chronically poor in its
cash management. There is a similar
statute for the collection activity
which was used as a model for dis-
bursements in this legislation.
It is also important to point out that
States need not choose a funding
option that ca/13 for the interest ex-
change. Op ions are available that
would not require the exchange of in-
terest, and the U.S. Treasury will work
with States to ensure a mutually
agreeable option for the drawing down
of funds. The bill calls for the estab-
lishment of cash management prac-
tices which allow that neither the Fed-
eral or State Governments prosper or
suffer financially as the result of the
transfer of funds.
I think it noteworthy that both the
National Association of State Audi-
tors, Comptrollers and Treasurers and
the National Association of State
Budget Officers have called for enact-
ment of the ideas in this legislation.
These groups have had members on
the State/Federal Cash Management
Reform Task Force since its inception,
and they endorse the content of the
bill, which closely follows the legisla-
tion developed by the Task Force.
The Congressional Budget Office
has looked at this legislation for cost
savings, and has concluded, based on
past Treasury information, that it
should save the Federal Government
between $35 to $50 million a year. This
bill can be a key to building a strong
level of trust and confidence In the
intergovernmental financing process,
as it is based an tested principles that
have been mutually agreed upon. This
is a timely piece of legislation both in
concept and in result.
This bill is an excellent example of
how the legislative process should
work. It has been debated by the par-
ties involved and a compromise, satis-
factory to all, has been drafted for the
consideration of Congress. Partners in
this effort have been Senators on both
sides of the aisle, the Treasury, and
the States. The bill will save the tax-
payer money, and will make govern-
ment run more smoothly. Further it
has previously passed the Senate. As I
have said before, this is a piece of leg-
hose time has come..
By Mr. PELL:
ill to authorize appropria-
Department of State. the
ation Agency, and the
nternational Broadcasting
for? fiscal year 1990, and for other pur-
poses; to the Committee on Foreign
Relations.
FORF-IGS RELATIONS AtrillORIZATICN ACT
? Mr. PELL. Mr. President, I am
today introducing the. Foreign Rela-
tions Authorization Act for fiscal year
1990. This legislation provides author-
ity for the Department of State, the
U.S. Information Agency, and the
Board for International Broadcasting.
In addition, it includes a significant
expansion of U.S. global environment
legislation and important policy provi-
sions, including a ban on any assist-
ance that might directly or indirectly
benefit the murderous Khmer Rouge
in Cambodia. ?
This legislation increases funding
for these foreign affairs agencies by
$300 million over last year's appropri-
ated levels. Most of this increase goes
to meet US. treaty obligations to the
United Nations and the specialized
agencies. In the last year the United
Nations has proven Its value, helping
end the bloody Iran-Iraq War, helping
bring peace and Independence to Na-
mibia, and facilitating the Soviet with-
drawal from Afghanistan. It is a
source of embarrassment that the
United States has not paid its dues to
the United Nations and. this bill will
help rectify that situation.
Unfortunately, the budget summit
agreement does not provide sufficient
funding to pay for other essential in-
creases in our foreign affairs agencies,
Reluctantly, this bill defers the new
transmitter for the VOA and Radio
Free Europe that was slated to be
built in Lsrael. In addition, we are
unable to do more for the State De-
partment and USIA than maintain
current services. In some cases, this
bill also makes real cuts. The failure
to fully fund our foreign affairs agen-
cies does real damage to our national
security*, it is the tragic price we must
pay for 8 years of spend, spend,
borrow, borrow.
This bill includes numerous policy
provisions. I would like to call my col-
leagues' attention to several. In the
international environmental area. the
May 4, 198.9
bill includes language cosponsored by
Senators BrnEN, LUGAR, and myself to
significantly expand our international
programs including preliminary au-
thorization for "debt for nature"
swaps. A provision offered by Senates'
Moyismas seeks to ensure respect for
our Constitution by criminalizing ef-
forts to circumvent congressional pro
hibitior.s by having other countries do
what we cannot.
Finally, I would like to call attention
to a human rights provision I consider
paramount. This bill includes lan-
guage to prohibit assistance of any
'dad to the Khmer Rouge and to any
Cambodian military or political group
in alliance or association with the
Khmer Rouge. With the Vietnamese
withdrawal at hand, we must ensure
that there is no role in any future
Cambodian Government for the mur-
derers who slaughtered over ?1 million
Cambodians in the 4-year period 1975-
79. Rather than accepting the Khmer
Rouge as a part of the Cambodian
landscape, as some in our Government
have suggested, this bill urges the
President to do what is necessary to
bring them to the bar of justice for
the crime of genocide.
I ask unanimous consent that the
text of the Foreign Relations Authori-
zation Act for fiscal year 1990 be print-
ed in the RECORD at this point.
There being no objection, the bill
was ordered to be printed in the
Rzcosn, as follows:
8.928 ? . ?
" Be it enacted by the Senate gad the Boum"
of Representatives of the United States of
America in Congress assembled.
same.); 1. soon TITLA A? TAILZ 00. aNi.
. . . .
(a) &Tam Trnis.---ThiS?ACt
as the "Foreign Relatiaos Anhortittioo-An.:
far Placa] Year 1990." ? ?
TIE= or Cogrzirra,?Tbe tabh
tents for thh Act is as followsc - r ".
TITLE 1?TRE DEPARTMENT OP STATE
PART A?Aarnosezzanon or Ayrsorarmemst
&ammo, or Pend ' - ?
Box. 101. Administration of tertian afit-tfrik .
See. 102. Contributions to. internstiortaren?
gantsations and eorderercel.: -
Sec. 103. International commisidong -?? ?
See. 104. Other programs.
Sec. 105. Migration and refugee andstaner. ?
Sec. 106. Availability of funds.
Sec. 101. ProhOgiton on aolictlational funds"
? to further illegal activiifes..5. -?-? -
Sec. 108. Prohibition on &salting-. td'
partycountries to further peer
hibited United States Govern-
ment actions.
PART B?DEPAILTMLifT OF &All ADSHORMZi
AND ACr/VISIEE Poems Mumma
Sec. 110. Authorisation of certain operation-
al activities. .
. _ .
Sec. 111. Pees and reimbursements. .
See. 112. International center.
Sec. 113. Acquisition of domestic proPerty sa
interim step to acquiring prop-.
erty abroad. ?
Sec. 114. Working capital fund for' OM**,
.. ? ? Pagel= Madam
Sec. 115. Middle East reporhi..--: -- ? ?
See. 118, Munitions control ragististialk-
fee& . ?? ? ? - ?
. ,
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?
May 4, 1989 CONGRESSIONAL RECORD - SENATE
Sec. 117. Use of herbicides for drug eradica-
tion.
Sec. 118. Support for the Benjamin Frank-
lin House Museum and Li-
brary.
Sec. 119. International Boundary 8s Water
Commission.
Sec. 120. Diplomatic and consular posts
abroad.
Sec. 121. Consular officer duties.
Sec. 122. Access to criminal records.
Sec. 123. State Department post offices
abroad.
Sec. 124. Authority of Diplomatic Security
Service.
Sec. 125. Prohibition on the use of military
Items in Tibet.
Sec. 126. Opening an American Consulate in
Bratislava.
Sec. 127. Construction of United States Em-
bassy in Ottawa.
Sec. 128. Assistant Secretary of State for
South Asia.
Sec. 129. Visiting Scholars Program for the
Foreign Service Institute.
PART C-DIPLOMATIC Illit1122TrT,
RECIPROCITY AND SECURITY
Sec. 130. Exclusion of aliens previously in-
volved in a serious criminal of-
fense committed in the United
States.
Sec. 131. United States-Soviet reciprocity in
matters relating to Embassies.
Sec. 132. United States-Soviet Embassy
agreement?
Sec. 133. Child care facilities at certain posts
abroad.
Sec. 134. State Department contractor ex-
emption to Polygraph Protec-
tion Act.
PART D--PERSONNEL
Sec. 140. Authority to transfer retirement
contributions for Foreign Serv-
ice nationals to local plans.
Sec. 141. Judicial review-separation for
Sec. 142. Travel, leave, and other benefits.
Sec. 143. Amendments to title 5. United
States Code.
Sec. 144. Credit for service at unhealthful
post&
Sec. 145. Former spouses of USIA and AID
employees.
Sec. 146. Grants for institutions and Stu-
dents and training in interna-
tional affairs.
Sec. 147. Expansion of model foreign lan-
guage competence posts.
Sec. 148. Report on foreign language en-
trance requirement for the
Foreign Service.
Sec. 149. Foreign Service promotion panels.
Sec. 150. Change in the employee evaluation
report ?
TITLE II-UNITED STATES
INFORMATION AGENCY
Sec. 201. Authorization of appropriations;
allocation of funds.
Sec. 202. Voice of America.
Sec. 203. Bureau of Educational and Cultur-
al Affairs.
Sec. 204. National Endowment for Democra-
cy.
Sec. 205. East-West Center.
Sec. Mt Fees for USIA publications and
other programs.
Sec: 207. Diplomatic Construction PTOITIM.
Sec. 2011. Foreign Language Services.
Sec. 209. Dissemination of information
? witbin the United States.
Sec. 210. Establishment of the J. William
Fulbright Scholarship Board,
Sec. 211. USIA satellite and television.
See. 312. Free enterprise system in televi-
Sec. 213. Citizen exchanges.
Sec. 214. Scholarships for Tibetans.
Sec. 215. United States-Soviet exchanges.
Sec. 216. Voice of America hiring practices.
Sec. 217. Distribution within the United
States of USIA film entitled
"Long Journey Home."
TITLE III-BOARD FOR
INTERNATIONAL BROADCASTING
Sec. 301. Authorization of appropriations.
Sec. 302. Procurement of legal services.
Sec. 303. Radio Free Afghanistan.
TITLE IV-INTERNATIONAL
ORGANIZATIONS
Sec. 401. United States membership in
International Sugar Organiza-
tion.
Sec. 402. Reform in budget-making at the
United Nations and its special-
ized agencies.
Sec. 403. United Nations voting practices
amendment.
Sec. 404. Membership of the PLO in United
Nations agencies.
TITLE V-REFUGEE AND OTHER
PROVISIONS
Sec. 501. United Nations High Commission-
er for Refugees Audit Require-
ment.
Sec. 502. Worldwide refugee protection.
Sec. 503. Prohibition on exclusion or depor-
tation of non-resident aliens.
TITLE VI-GLOBAL ENVIRONMENT
PROTECTION ACT
Sec. 801. Short title.
PART A-COSIMERCIAL AND GOBERNMENTAL
DEBT-POR-NATCrRE EXCHANGES
Sec. 610. Amendment to the Foreign Assist-
ance Act.
PART B---MITLITLATERAL FOREIGN ASSISTANCE
COORDINATION
Sec. 620. General policy.
Sec. 621. Policy on negotiations.
PART C-INTERNATIONAL DEBT EXCHANGE
leserrunoe
Sec. 630. Establishment of an International
Debt Exchange Institute.
Sec. 631. Report.
PART D-SALt OF AGRICULTURAL
Comment=
Sec. 840. Amendment to the Agricultural
Trade Development and Assist-
ance Act of 1954.
PART E-MONTREAL PROTOCOL TO PROTECT
THE Mows
Sec. 650. Policy in favor of reopening the
Montreal protocoL
PART F-WILDLIPE PROTECTION
Sec. 660. Elephant protection.
Sec. 881. Authorization for membership in
the International Tropical
Timber Organization.
Sec. 662. Authorization for membership in
the International Union for
the Conservation of Nature
and Natural Resources.
Sec. 663. Authorization of appropriations
for membership in wildlife con-
ventions.
TITLE vn-TELEVISION
BROADCASTING TO CUBA ACT
Sec. 701. Short title.
Sec. 702. Purpose.
Sec. 703. Additional functions of the United
States Information Agency.
Sec. 704. Cuba television service of the
United States Information
Service. -
Sec. 705. Amendments to the Radio Broad-
casting to Cuba Act- ? ?
Sec. 706. Assistance from other Government
agencies.
Sec. 707. Authorization of appropriations.
S 4887
Sec. 708. Definitions.
Sec. 709. Sense of Congress.
TITLE VII-POLICY PROVISIONS
Sec. 801. Policy on Cambodia.
TITLE I-THE DEPARTMENT OF STATE
PART A--AinnORIZATION or AZPROPRIATIONC
ALLOCATION or Fuses -
SEC 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to
be appropriated for fiscal year 1999 for the
Department of State for the "Administra-
tion of Foreign Affairs" to carry out the au-
thorities, functions, duties, and responsibil-
ities in the conduct of the foreign affairs of
the United States and for other purposes
authorized by law:
(1) For "Salaries and Expenses" of the De-
partment of State, including salaries and ex-
penses for the Diplomatic Security program.
$1,769,052,000.
(2) For the "Office of the Inspector Gen-
eral." 818,672,000.
(3) For the "Acquisition and Maintenance
of Buildings Abroad." $218.900,000.
(4) For "Representation Allowances,"
19,100,000.
(5) For the "Protection of Foreign Mis-
sions and Officials," $4,600,000.
(8) For "Emergencies in the Diplomatic
and Consular Service." 84,700,000.
(7) For the "American Institute in
Taiwan." $11,300,000.
SEC. 102. CONTRIBUTIONS TO INTERNATIONAL OR-
GANIZATIONS AND CONFERENCES.
The following amounts are authorized to
be appropriated for contributions to !'Inter.
national Organizations and Conferences."
for fiscal year 1990:
(1) For "Contributions to International
Organizations." 2714,927,000.
(2) For "Contributions for International
Peacekeepings Activities," 5111.184,000.
(3) For "International Conferences and
Contingencies," $6,340,000.
SEC 103. larMILNATIONAL COMMIS8ION11.? ? .
The following amounts are authorized to
be appropriated for contributions to !Inter-
national Commissions," for fiscal year 1990:
(1) For the salaries and expenses of the
"International Boundary and Water Com-
mission. United States and Mexico,"
$10,480,000.
(2) For construction projects for the
"International Boundary and Water Com-
mission, United States and Mexico,"
$11,500,000.
(3) For the "International Boundary Com-
mission, United States and Canada,"
$750,000.
(4) For the "International Joint Commis-
sion," $3,750,000.
(5) For "International Fisheries Commis-
sions." 811.000,000.
SEC I04 OTHER PROGRAMS.
The following amounts are authorized to
be appropriated for the Department of
State for fiscal year 1990 to carry out the
authorities, functions, duties, and responsi-
bilities in the conduct of the foreign affairs
of the United States and for other purposes
authorized by law:
(1) For "United States Bilateral -Science
and Technology Agreements," $4,000.000.- - -
(2) For "Soviet-East European Research
and Training," $5.000,000.
(3) For the "Asia Foundation.",
$18,000,000.
sr.C. MIL MIGRATION AND REFUGEE ASSUSTAKL..77
There is authorized to be appropiiited
"Migration and Refugee
$370,000.000 for fiscal year 1990; Of.
$25.000.000 shall be available only fert
since for refugees resettling In LeraeL '
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?-? ? nti.41111.1TY OF FUNDS.
(a) Section 24 of the State Department
Basic Authorities Act is amended?
(1) by renumbering subsections (b)(4)-
(b)(6) a.s (b)(5)-(bX7) and by inserting as
new subsection (b)(4):
"(b)(4) No later than the end of the
second fiscal year following the last fiscal
year for which appropriations (other than
no-year appropriations) for any account
under the heading 'Administration of For-
eign Affairs' have been made available to
the Department of State, amounts obligated
during the period of availability may, if
deobligated after expiration of the period of
availability for obligation for such appro-
priations, be transferred into and merged
with the Buying Power Maintenance An-
count."; and
(2) by inserting the following new subsec-
tions (e) and (f):
"(e) If the amount appropriated (or made
available in the event of a sequestration
order issued pursuant to the Balanced
Budget and Emergency Deficit Control Act
of 1985 (Public Law 99-477, as amended) for
a fiscal year pursuant to any authorization
of appropriations provided by an act other
than an appropriation act is less than the
authorization amount and a provision of
that act provides that a specified amount of
the authorization amount shall be available
only for a certain purpose, then the amount
so specified shall be deemed to be reduced
for that fiscal year to the amount which
bears the same ratio to the specified
amount as the amount appropriated (or
made available in the event of sequestra-
tion) bears to the authorization amount.
"(f) Amounts authorized to be appropri-
ated for a fiscal year for the Department of
State are authorized to be obligated for
twelve month contracts which Ire to be per-
formed in two fiscal years, provided that the
total amount for such contracts is obligated
in the earlier fiscal year."
(b) Subsection (a) shall apply only to
funds appropriated for fiscal year 1987 and
thereafter. In the case of appropriations
provided for fiscal years 1987 and 1988, it
shaB apply only to funds which become-ob-
ligated after the date of enactment of this
Mt. -
We 117. PRoNIBMON ON 8OlIc7TATIoN OF
FUNDS To ?VETE= ILLEGAL AMY].
Title I of the State Department Basic Au-
thorities Act of 1956 is amended by?
(a) by redesignating section 42 as section
it and
(b) by inserting after section 41 the fol-
lowing newsection:
?ssc. a. PROMerrION ON SOLICITATION OF FUNDS
TO FURTHER ILLEGAL ACTIVITIES.
"(a) Paoltiarrios.?Notwithstanding any
other provision of law, no officer or employ-
ee of the United States Government may so-
lt the provision of funds by any foreign
government (including any instrumentality
or agency thereof), foreign person, or
United States person, for the purpose of
furthering any military, foreign policy, or
intelligence objective expressly prohibited
by United States law.
"(b) Privia.rv.?Any person Who violates
the provision of subsection (a) shall be Ira-
premed not more than five years or fined.
In accordance with title 18, United States
? -s-7"--ss"- --Code. or both.
"(el Dicrunrunt.?For purposes of this sec-
tioa the term 'person' includes (1) any nat-
---e Aral_ person. (2) any corporation. Miner*
thipi.er. other legal entity, and (3) any arms
nhationaissociation. or other group.".
for Releas_e_ .2.913./MOC_IA-SREDNPA9T3BE00099R000300060006-7
a
SEC. 105. PROHIBITION ON ASSISTING THIRD PARTY
cossrriurs
TO !TETHER PROHIBITED
uNITED STATES GOVERNMENT AC-
TIONS.
Chapter I of part III of the Foreign As-
sistance Act of 1961 is amended by adding at
the end thereof the following new section:
"six. enr. PROHIBITIoN ON ASSISTING THIRD
PARTY COUNTRIES TO FURTHER PRO-
HIBITED UNTIED STATES GOVERN.
mENT ACTIONS.
"(a) PRoUISMON.?NotwIthstandIng any
other provision of law, no United States as-
sistance shall be provided for a foreign
country if the purpose or effect of that as-
sistance would be to further any military,
foreign policy, or intelligence activity ex-
pressly prohibited by United States law.
"(b) Drrinryors?For purposes of this
section, the term 'United States assistance'
means?
"(1) assistance of any kind under the For-
eign Assistance Act of 1961;
"(2) sales, credits, and guarantees under
the Arms Export Control Act;
"(3) export licenses issued under the Arms
Export Control Act; and
"(4) activities authorized pursuant to the
National Security Act of 1947 (50 U.S.C. 410
et seq.), tne Central Intelligence Agency Act
of 1949 (50 U.S.C. 403a et seq.), or Executive
Order Number 12333 (December 4, 1981).".
PART B?Dgesariseirr or STATE ADTHoRITICS
AND Atli-VILLA*, FOREIGN MISSIONS
SEC. no. ALTDORIZATION OF CERTAIN OPERATION-
AL ACTIVITIES.
Section 2 of the State Department Basic
Authorities Act is amended?
(a) in subsection (g) by deleting "and" at
the end:
(b) in subsection (h) by deleting the "."
and inserting in its place . , and
(c) by inserting the following as new sub-
sections (1)-(k):
"(I) obligations assumed in Germany on or
after June 5. 1945;
"(j) provision of telecommunications serv-
ices; and
"(k) provision of maximum physical secu-
rity in Government-owned and leased prop-
erties and vehicles abroad."
SEC. III. MSS AND PithillAtimhterni.
(a) The State Department Basic Authori-
ties Act of 1958 is amended by adding as a
new section 43:
"Sec. 43. (a) Notwithstanding any other
provision of law, for fiscal year 1990 funds
received by the Department in connection
with use of Blair House, including reim-
bursements and surcharges for services and
goods provided and fees for use of Blair
House facilities, may be credited to the ap-
propriate appropriation account currently
available to the Department, and shall be
available for maintenance and other ex-
penses of Blair House.
"(b) The authority of this section may be
exercised only to such extent or in such
amounts as are provided in advance in ap-
propriation acts."
SEC. M. DITIMPIATIONAL CENTER.
Section 4 of the International Center Act
is amended by inserting at the end the fol-
lowing new subsection (c):
"(c) The Department of State is author-
ized to charge US. Government agencies for
the lease or use of facilities located at the
International Center and used for the pur-
poses of security and maintenance. Any Pay-
menta received for lam or use of such fa-
ditties *ball be credited to the account enti-
tled "International Center, Washington,
D.C." and shall be available, without fiscal
year limitation, to cover the operating ex-
penses of such facilities including but not
Limited to administration. maintenance, tail-
hies, rewire and alterations."
SEC. 113. ACQUISITION OF DOMESTIC PR
INTERIM STEP TO ACQUIRING PRO
ERIE ABROAD.
(a) Section 203(c) of the State Depart-
ment Basic Authorities Act is amended by
striking "and" at the end of subparagraph
(2); by renumbering subparagraph "(3)" as
subparagraph "(4)": and by inserting as a
new subparagraph (3):
"(3) dispose of property acquired in carry-
ing out the purposes of this Act, provided
that proceeds from disposition of properties
acquired pursuant to section 204(f) shall be
credited to the Foreign Service Buildings
Fund under section 9 of the Foreign Service
Buildings Act, 1926; and";
(b) Section 204 of the State Department
Basic Authorities Act is amended?
(1) in subsection (b) by, striking the "or"
at the end of (b)(3) and inserting "or" at the
end of (b)(4), and by adding a new subpara-
graph (b)(5) as follows:
"(5) to implement an exchange of proper-
ty with a foreign country, such property to
be used by each government in the receiving
state for or in connection with diplomatic or
consular establishments."; and
(2) adding a new subsection (f) as follows:
"(f) Upon a determination in each specific
case by the Secretary or his designee that
the purposes of the Foreign Service Build-
ings Act, 1926, can best be met on the basis
of an In-kind exchange of properties with a
foreign country pursuant to subsection
(b)(5), the Secretary may transfer funds
made available under the heading "Acquisi-
tion and Maintenance of buildings Abroad"
for such purposes, including funds held in
the Foreign Service Buildings Fund, to the
Working Capital Fund as provided in secs
tion 208(hX1) of this Act. In addition to any
funds that may be provided by a foreign
government for the purchase of property,
only funds transferred to the Capital Fund
from the "Acquisition of Maintenance of
Buildings Abroad" account or the Foreign
Service Buildings Funds account may be
used for the purposes of subsection (bX5).
Furthermore, the Secretary may acquire-
property in the United States for the
pur-
poses of subsection ChM only in the con-
text of a specific reciprocal agreement with
a specified foreign government. Property ac-
quired by the United States in the foreign
ninintrY through such an exchange shall
benefit the United States at least to the -
same extent as the property acquired in the
United States benefits the foreign govern-
ment."
(c) Section 9(a)(1) of the Foreign Service
Buildings Act, 1926 is amended by adding
"or in the United States pursuant to Election
204(bX5) of the State Department BRIM Au-
thorities Act of 1956" at the end.
SEC 114. anionic CAPITAL rutin FOR OFFICE or
. FOREIGN MISSIONS.
Section 13 of the State Department Basic ?
Authorities Act Is amended by inserting
"and" before "(4)"; and striking "; and (5)
services and supplies to carry out" and in-
serting in its place ". Such fund shall also be
available without fiscal year limitation to
carry out the purposes of".
SEC. 115. MIDDLE EAST REPORTS.
(a) REPORTS CONCERNING coinaranorrs or
THE PALESTINE LIRIMATTON ORGANIZATIOX.?
(1) Not nave than SO days after the dabs -
of the enactment of this Act. the Secretary
of State shall prepare and submit to the
Congress a report concerning the actions
and statements of the Palestine Liberation
Organization as they relate to the carrying .
out of the commitments of limb organ.. -
tion made in Geneva on December I( ISM
regarding the renunciation of terrorism and
the recognition of Israell right to east.
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CONGRESSIONAL RECORD ? SENATE S 4889
(2) In addition to the report under para-
graph (1), the Secretary of State shall
report to the Congress when there are
changes in the procedural or substantive
status of the dialogue with the Palestine
Liberation Organization.
(3) For the purpose of providing informa-
tion required by paragraph (1). the term
"actions and statements by the Palestine
Liberation Organization" shall include ac-
tions and statements of the Chairman,
members cf the Executive Committee, the
constituent groups comprising the Palestine
Liberation Organization, and the Palestine
National Council.
(b) REPORT CONCERNING THE ARAB STATES
AND THE PEACE PROCESS.?Not more than 30
days after the date of enactment of this Act,
the Secretary of State shall prepare and
submit to the Congress a report concerning
the policies of Arab states toward the
Middle East peace process, including
progress toward?
(1) public recognition of Israel's right to
exist is peace and security;
(2) ending the Arab economic boycott of
Israel; and
(3) ending efforts to expel Israel from
international organizations or denying par-
ticipation in the activities of such organiza-
tion&
SEC. 116. MUNITIONS CONTROL REGISTRATION
FEES.
Section 38(bX3XA) of the Arms Export
Control Act (22 U.S.C. 2778) is amended by
striking "1988 and 1989" and inserting in its
place "1990".
SEC. 117. USE OF HERBICIDES FOR D1U3G ERADICA-
TION.
(a) IN Gannama?For each foreign country
in which the Department of State uses, or
approves for use, a herbicide for the pur-
pose of eradicating coca or opium by aerial
application. the Assistant Secretary for
International Narcotics Matters shall
submit a report to the Congress determin-
ing:
(1) the expected impact of eradication on
the price and availability of cocaine and
heroin in the United States..
(2) the extent to which aerial eradication
could encourage coca or opium growers to
align themselves with insurgent groups
against legitimate governmental authorities,
and the consequences of strengthening such
Insurgent groups for broader United States
foreign 'policy objectives;
(3) the total dollar amount of assistance
given by the United States, international or-
ganizations and local governments to help
coca and opium growers in aerial eradica-
tion zones shift to production of licit crops,
and the likelihood that such assistance will
be adequate for this purpose;
(4) what . countermeasures cocoa and
opium growers may take in response to
aerial eradication of their crops, including
adoption of guerrila farming techniques and
shifting of cultivation to more isolated
areas:
(5) what countermeasures may be taken
against aerial eradication by illicit drug car-
tels, including their recruitment. of new
growers in more isolated grew
(b) For countries in which aerial coca-or
opium eradication Programs are already un-
derway, the Secretary shall, submit the
report required by this section as part of the
annual report required by subsection (e) of
Section 481 of the Foreign Assistance Act of
1961. For countries in which no such pro-
grama are Underway, and for which the Sec-
retary approves the use of herbicides for
aerial coca or opium eradication. the Secre-
tary shall submit the report required by this
section 60 days prior to the commencement
of the eradication program.
(C) LIMITATION ON USE OF EQUIPMENT.?No
equipment or aircraft made available to a
foreign country for narcotics control pur-
poses under Section 482 of the Foreign As-
sistance Act of 1961 may be used or de-
ployed in a location to which representa-
tives of the United States Government are
not permitted -substantially free access by
the government of the foreign country. ?
SEC. 118. SUPPORT FOR rug RF.N.IAMIN FRANKLIN
HOUSE MUSEUM AND LIBRARY.
(a) FINDINGS.?The Congress finds that?
(1) the former London residence of Benja-
min Franklin is the only surviving home of
Benjamin Franklin existing today and
should be preserved to commemorate his
great contributions to human liberty, sci-
ence and education.
(2) the Friends of Benjamin Franklin
House and the American Franklin Friends
Committee are twin charities dedicated to
the restoration, preservation and mainte-
nance of the Benjamin Franklin house as a
museum and library open to the public.
(b) SUPPORT.?The Congress hereby?
(1) urges the people of the United States
to recognize June 17. 1990 as the bicenten-
nial of Benjamin Franklin's death and to
celebrate Franklin's long and distinguished,
public service, his scientific and literary
achievements, and his role as a founding
father of OUT: country.
(2) calls on the relevant agencies and de-
partments of the federal government of the
United States to recognize the important
goals of the Friends of Benjamin Franklin
House and the American Franklin Friends
Committee.
SEC. lit INTERNATIONAL-BOUNDARY & WATER
COMMISSION.
(a) Section 101 of the Mt of June 20. 1956
(22 U.S.C. 277d-12) is amended as follows:
(1) In the title by inserting "and sanita-
tion" after "flood control"; and by striking
"Rio Grande" and inserting in its place
"boundary rivers, and boundary sanitation
problems"; ?
(2) In the provision by inserting "or sani-
tation" after "flood control"; by striking the
"." after "Rio Grande" and inserting in its
place " Colorado and Tijuana Rive= and
for taking of emergency actions to protect
against health threatening sanitation prob-
lems by repairing or replacing existing cap-
ital infrastructure along the U.S.-Mexico
Boundary."
(b) The Act of May 13, 1924, as amended
(22 U.S.C. 277-277f), is amended as follows:
(1) in section 3 (22 U.S.C. 277b) by?
(A) inserting "(I)" after "authorized" in
the first line; by striking "and (b)" and in-
serting "(2)"; and by striking the "." and in-
serting in its place 'n and (3) to carry out
preliminary surveys, operations and mainte-
nance of the interceptor system constructed
to intercept sewage flows from Tijuana and
from selected canyon areas."; and
(B) adding the following new subsections
(b) and (c):
"(b) Expenditures for the Rio Graride
bank protection project shall be subject to
the provisions and conditions contained in
the appropriation for said project as provid-
ed by the ? Act approved April 25. 1145 (59
Stat. 89). -
"(c) The Anzalduas diversion dam shall
not be operated for irrigation or water
supply purposes in the United States unless
suitable arrangements have been made with
the prospective water users for repayment
to the Government of such portions of the
dam as shall have been allocated to such
purposes by the Secretary of State."; and
(2) in section 2 (22 U.S.C. 277a) by insert-
ing ", drainage of tranaboundary storm
waters." after "stabilization and".
SEC. 115. DIPLCMATIC AM) CONSULAR MISTS
ABROAD.
Section 122 of the Foreign Relations Au-
thorization Act, Fiscal years 1988 and 1989
(Public Law 100-204) is amended to read as
follows:
"SEC. 122. DIPLOMATIC AND CONSULAR POWS
ABROAD.
"( a) OPERATION or POSTB.?Except as pro-
vided by this section, no funds authorized to
be appropriated by this or any other Act
shall be available to pay any expense relat-
ed to the closing of a diplomatic or consular
post.
"(b) CONGRESSIONAL Norrricsnon.?
Except as provided in subsections (c) and
(d), a diplomatic or consular post may be
closed only if not less than 365 days prior to
a proposed closing of a post, the Secretary
of State prepares and submits a notification,
together with any justifications, of such
proposed action to the Committee on For-
eign Relations and the Committee on Ap-
propriations of the Senate and the Commit-
tee on Foreign Affairs and the Committee
on Appropriations of the House of Repre-
sentatives.
"(c) Exczprions.?The provisions of sub-
section (b) shall not apply with respect to
any post closed?
"(1) because of a break or downgrading of
diplomatic relations between the United
States and the country in which the post is
located: or
"(2) because there is a real and present
threat to United States diplomatic or con-
sular personnel in the city where the poet is
located and a travel advisory warning
against American travel to that city has
been issued by the Department of State; or
"(3) is order to provide funds to OPett
new consulate or diplomatic post which will':
be staffed by the Department of State on a
full-time basis with at least one Foreign
Service officer or member of the Senior For-
eign Service, if the Secretary of State. Prior
to the closing of the post, prepares and
transmits to the Committee on Aweigh-Re-
latices, of the Senate and the Comnsit4Se o?
Foreign Affairs of the House of Represents-,
tires a report stating that?
"(Al the new past is as higher priority than
the post proposed to be closed and -
"(B) the total number of consular and dip-
lomatic posts abroad is not less than the
mmsber of such posts in existence on May 1.-
19119.
"(d) t3squzsntarroir.?In the case that..
sequestration order is issued pursuant to
Part C of the Balanced Budget and Emer-
gency Deficit Control Act of 1935 (2 U.S.C.
901 et seq.; Public Law 99-177), the Secre-
tary of State may, as part of an agencywide
austerity proposal, submit a report propos-
ing a list of diplomatic and consular posts Lk
be closed in order to comply with the se--n---
questration order, together with a justifies-
tion for the inclusion of each post on such
list. Such report shall be submitted to the'
Committee on Foreign Affairs and the Com-
mittee on Appropriations of the House of
Representatives.
"(e) Darncrnoin?Aa used in this section;
the term 'diplomatic or consular post' does
not include ? post to which only perscatel- -
of agencies other than the Department- of
? 7
State are assigned.". -
SEC. Ill. CONSULAR OFFICER DUTIES.
Section 31 of the Act of June 22. 1860 (22
U.S.C. 4192) is repealed.
ask. in. AMMO TO CRAMBIAL RICCOIWg. .
(a) Section 9101 of MN 5. at the United
States Code is amended in subseetiond:-:-
(bX1), and (c) by inserting ", the Depart...,
ment of State" before "or the Federal
Bureau of Investigation". -
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S 4890 CONGRESSIONAL RECORD ? SENATE
(b) The authority provided under this sec-
tion may be exercised only so long as the
Department of State continues to extend to
Its employees and applicants for employ-
ment, at a minimum, those procedural safe-
guards provided for as part of the security
clearance process that are currently avail-
able pursuant to Volume 3, Section 163.4 of
the Foreign Affairs Manual.
8gc. 112. STATE DEPARTMENT POST OFFICES
ABROAD.
(a) Title 39 United States Code Is amend-
ed as follows:
(1) In Section 406, by adding "and diplo-
matic posts abroad" after "installations" in
the title: and in subsection (a) of Section
406, by striking "and" after "Armed Forces"
and replacing it with "." and inserting ",
and at diplomatic posts abroad" before the
?"." at the end; and in subsection (b) of Sec-
tion 406, by inserting ", State" after "De-
fense".
(2) In Section 3401. by inserting "and
United -States Government employees as-
signed to United States diplomatic missions
abroad" in the title; and in subsection Ce) of
Stiction 3401, by inserting "and the Depart-
ment of State" after "Department of De-
fense" in the first line; by striking "the De-
partment of Defense" in the third line and
replacing it with "these agencies"; by insert-
ing "or diplomatic posts abroad" after
"Armed Forces post offices"; and by insert-
ing "or a diplomatic post abroad" before the
". " at the end: and in spbsection (f) of Sec-
tion 3401, by inserting "or the Secretary of
State" after "Secretary of Defense". -
(b) The authority provided in this section
shall be exercised only to the extent that
the total coat of postal service provided by
the Department of State pursuant to such
authority does not exceed the total cost of
postal service that would be incurred by the
Department of State in the absence of such
authority.
SEC. 124, AUTHORITY OF DIPLOMATIC SECURITY
, SERVICE.
? , Section 37 of the State Department Basic
Authorities Act (22 U.S.C. 27091.1s amend-
ed?.
(a) by renumbering subparagraph
(aX2)(B) thereof as (a)(2)(C) and inserting a
new subparagraph (aX2)(B) as follows:
"(B) make arrests without warrant for any
offense concerning passport or visa issuance
or use if the special agent has reasonable
grounds to believe that the person has com-
mitted or is committing such of fense;" and
(b) by revising subparagraph (a)(5) there-
of to read as follows:
-"(5) arrest without warrant any person for
a violation of section 111, 112, 351, 970, or
1028 of Title 18, United States Code?
"(A) in the case of a felony violation, if
the special agent has reasonable grounds to
believe that such person?
(1) has committed or is committing such
- violation: and
(ii) is in.or is fleeing from the immediate
area of such violation; and
"(B) in the case of a felony or misdemean-
or violation. if the violation is committed in
- the presence of the special agent."
SEC. In, PROHIBITION ON THE USE OF MILITARY
.....MS IN TIBET.
(a) No defense article on the United
States Munitions List may be sold or trans-
ferred to the People's Republic of China, in-
cluding helicopter and helicopter parts, if
-. any United States supplied mWtary equip-
ment is used by the People's Republic of
China to enforce martial law in Tibet, to
.4(.7 ? suppress demonstrations by the Tibetan
Dehlge. OP to support violations of the
\-4.7--pi?Tt human rights of the Tibetan people.
?: ? (b) Zech year in which Us:tenses for the
? '2.export to the People's Republic of China of
Items on the United States Munitions List
are proposed to be issued, the President
shall, prior to the issuance of any license,
certify to the Speaker of the House of Rep-
resentatives and the Chairman of the Com-
mittee on Foreign Relations of the Senate
that , no United States defense article has
been used in the previous year, or is being
used, to enforce martial law in Tibet, to sup-
press demonstrations by the Tibetan people,
or to support violations of the human rights
of the Tibetan people.
(c) This section shall have no effect after
October 1, 1993.
SEC. 126, OPENING AN AMERICAN CONSULATE IN
BRATISLAVA.
(a) Frtrantcs.?The Congress finds that:
(1) The State Department's "small consul-
ate" concept offers a model for re-opening a
consulate in Bratislava at modest cost and
with significant public diplomacy and politi-
cal benefits;
(2) The United States still owns the old
consulate building and in 1987-1988 spent
about $500,000 to renovate parts of the
building;
(3) The building has been productively
used for trade and cultural events, but could
be more effectively used by restoring it to
Its original purpose as the locus of official
U.S. representation in the Slovak capital.
(4) Slovakia has been the source of the
largest and most recent wave of Czechoslo-
vak emigration to the United States and ap-
proximately three and a half million Ameri-
cans are of Slovak heritage;
(5) American tourists in Slovakia, many
visiting relatives, often require consular as-
sistance and this consular support could
best be provided by a consulate in Bratis-
lava;
(6) Slovaks account for more than half of
all Czechoslovak tourist travel to the United
States and this travel, which should be en-
couraged, could be expedited by an Ameri-
can consulate in Bratislava;
(7) The Slovak underground Catholic
church is one of the most vibrant religious
forces in Czechoslovakia and each year tens
of thousands of Catholics make pilgrimages
to Slovakia.
(8) American outreach efforts in Slovakia
have been hindered by the absence of a con-
stant and direct American presence in Bra-
tislava;
(9) With its Hungarian. Polish and
Ukrainian minorities, an American consul-.
ate in Bratislava would provide important
Information on both regional and local de-
velopments.
(b) Besse or ritx CoNcRass.?It is the
sense of the Congress that the President
should take all practicable steps to re-open
the American consulate in Bratislava. ?
SEC. 121. CONSTRUCTION OF UNITED STATES EM-
BASSY IN OTTAWA,
Section 402(a) of the Diplomatic Security
Act (22 U.S.C. 4852(a)) shall not apply to
the construction or renovation of the
United States embassy in Ottawa, Canada.
SEC. In. ASSISTANT SECRETARY Or STATE FOR
SMYTH ASIA.
There is established within the Depart-
meat of State a Bureau for South Asia Af-
fairs which shall be headed by an Assistant
Secretary of State. The Jurisdiction for the
Bureau of South Asia Affairs shall consist
of the following: the countries of Afghani-
stan, Bangladesh. Bhutan. -Burma. India.
Iran, the Maldives, Pda,uritius, Nepal. Paki-
stan, and Sri Lanka; and Indian Ocean
Wawa
SEC 120. VISITING SCHOLARS PROGRAM FOR THE
FOREIGN SERVICE INITHITIE
There is authorized to be established at
the Foreign Service Institute a "Visiting
Scholars Program." The visiting scholars
May 4, lilt.>
shall participate fully in the educational
and training activities of the Institute. Each
visiting scholar shall be appointed for a
term of one year, except that such term
may be extended for ? one year period. The
visiting scholars shall be selected by a five-
member board. The Director of the Foreign
Service Institute shall serve as the chairman
of the board. The other four members shall
be selected by the Secretary of State.
PART C?DIPLOMATIC IMMUNITY,
RECIPROCITY AND SECURITY
SEC 130. EXCLUSION OF ALIENS PREVIOUSLY IN-
VOLVED IN A SERIOUS CRIMINAL OF-
FENSE COMMITTED IN THE UNITED
STATES.
(a) Section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)) is amend-
ed?
(1) by striking the period at the end of
paragraph (33) and inserting in its place ";
and" and
(2) by adding after paragraph (33) the fol-
lowing new paragraph:
"(34)(A) Any alien who has committed in
the United States any serious criminal of-
fense, as defined in subparagraph (B), for
whom immunity from criminal Jurisdiction
was exercised with respect to that offense,
who as a consequence of the offense and ex-
ercise of immunity has departed the United
States, and who has not subsequently sub-
mitted fully to the Jurisdiction of the
United States with respect to that offense;
"(B) For purposes of this paragraph, the
term 'serious criminal offense' means? ? ?
"(I) any felony;
"OD any crime of violence, as defined in
section 16 of title 18 of the United States
Code; or
"(Ili) any crime of reckless driving or of
driving while intoxicated or under the influ-
ence of alcohol or of prohibited substances
when that crime involves personal injury to
another."
(b) Section 212(h) of the Immigration aid: -.-
Nationality Act of 1952 (8 17.8.C..1182031)-ls
amended by 'striking "or" after "(10)": and
inserting ", or (34)" after "(12)"."- .? ?-? 7,"-?1
SEC. 1S1. UNITED STATES?SOVIET RECIPROCITY DI
MATTERS RELAYING TO EMBASSIES.. ?
Section 153(b) of Foreign Relations Au-
thorization Act, Fiscal Years 1988 and 1989.
(Public Law 100-204) is amended by striking
"until the United States mission in Hiev.it
able to occupy secure permanent faCilitief".
at the end and inserting in Its place "except
on the basis of reciprocity as to the estab:
llshment by the United States of a consul-
ate in Kiev".
SEC. 131. UNITED STATES-SOVIET 1121BABST AGM,
MENT.
Section 151. of the Foreign Relations-Au- ? -.
thorization Act, Fiscal Years 1088 and 1189-- ?
(Public Law 100-204) is amended to read as ?
follow=
"SEC. 151. UNITED STATES-SOVIET EMBASSY
AGREEMENT.
"(a) The Soviet Union shall not be permit-
ted to occupy the new chancery building on
Mount Alto in Washington, District of Co-
lumbia, unless and until the Persident certi?
fies in writing to the Speaker of the House ?
of Representatives and the Chairman of the
Committee on Foreign Relations of the
Senate that:
(1) there is completed a new chancery
t
building for use by ths United States embas-
sy in Moscow which can be safeh, and .11e,- -"
surely used for its intended Purpose and
(2) all feasible steps have or will be taken "'
to eliminate the damage to the national se- 11
curity of the United States due to electronic . ?
surveillance from Soviet facillUes on Mount ;
Alto."
I;
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.e.e 4, 1989 CONGRESSIONAL RECORD ? SENATE S 4891
as
"(b) Not later than six months after the
date of enactment of this section. the Presi-
dent shall terminate the Agreement be-
tween the Government ef the United States
and the Government of the Union of Soviet
Socialist Republics on the Reciprocal Allo-
cation for Use Free of Charge of Plots of
Land in Moscow and Washington (signed at
Moscow, May 16, 1969) and related agree-
ments. notes, and understandings unless he
certifies to the Speaker of the House of
Representatives and the Chairman of the
Committee on foreign Relations of the
Senate that the Soviet use of the facility on
Mount Alto does not pose a significantly
greater threat to the national security of
the United States than the potential or
actual threat from Soviet use for espionage
of existing Soviet facilities in Washington,
District of Columbia."
"(c) The President may waive subsection
(b) if he determines that it is in the vital na-
tional security interest of the United States
to so do and reports in writing to the Speak-
er of the House of Representatives and the
Chairman of the Committee on Foreign Re-
lations of the Senate together with a de-
tailed explanation, in suitably classified
form, of the reasons for making this
waiver.".
SEC. 133. CHILD CARE FACILITIES AT CEF.TALN
POSTS ABROAD.
Section 31 of the State Department Basic
Authorities Act is amended by adding a new
subsection (d) as follows:
"(d) The Secretary of State may make
grants to child care facilities, to offset in
part the cost of such care. in Moscow and at
no more than five other posts abroad where
the Secretary determines that due to ex-
traordinary circumstances such facilities are
necessary to the efficient operation of the
post In determining that a facility Is nieces-
sarY. the Secretary shall take into account
factors such as:
"(1) whether Foreign Service opuses are
encouraged to work at the mission because
"(A) the number of members of the inn-
Ilion is subject to a ceiling !mewed by the
ireceiving ecemtry; wet ?
'KB) Foreign Service Nationals are not
employed at the mission; and
"(2) whether local child care is available."
SEC. 134. STATE DEPARTMENT CONTRACTOR EX-
EMPTION TO POLYGRAPH PROTED.
? TICK ACT.
SRC. 7. of the Employee Polygraph Protec-
tion Act of 1988 (Public Law 190447) is
wielded by
(a) redealgrating subearagraPh "f(1)" as
subparagraph "(e)"; and
(b) inserting the following new asthma-
graeln
"(d) Dammam or Sem Corinne-roes
EXEMPTIO/L?Nothing in this Act shall be
construed to prohibit the administration, by
the Departinesst of State. to the perform-
ance of any counterintelligence function. of -
any lie detector test, administered under
regulations Implementing the Department's
polygraph program, to an individual under
contract to the Department or an employee
of a contractor or subcontractor of the De-
partment of State who is engaged in the
performance of any work under a contract
or subcontract with the Department.".
PART D?Prssoaress. ?
SEC. 1441, AUTHORITY TO TRANSFER RLITRIMIINT
CONTRIBUTIONS FOR FOREIGN srav.
ICE NATIONALS TO LOCAL FLANS.
(a) Subsection 408(a) of the Foreign Serv-
ice Act of 1680 (22 vac 3968) is amended
by inserting at the end thereof the follow-
ing new subparagraph: ?
"(3) At the direction of the Sentare of
State. and where a foreign nations) employ-
ee so elects during a one-year period Instals
lished by the Secretary of State with re-
spe(-t to each post abroad. the Secretary of
the Treasury shall transfer such employee's
interest in the Civil Service Retirement and
Disability Fund to a trust or other local re-
tirement plan certified by the US. Govern-
ment, under a local compensation plan ea
tablished for foreign national employees
pursuant to this section (excluding local
social security piens). For purposes of this
paragraph, an employee's "interest in the
Civil Service Retirement and Disability
Fund" shall mean the employee and the
total of employing agency contributions
with respect to such employee, pursuant to
subsections 8331(8) and 8334(a)(1) of title 5,
United States Code, respectively, plus inter-
est at the rate provided in subsection
8334(e)(3) of such title. Any such transfer
shall void any annuity rights or entitlement
to lump sum credit under subchapter Ill of
chapter 83 of such tide."
(b) Section 8345 of Title 5, United States
Code is amended by adding at the end
thereof a new subsection (1), as follows:
"(1) Transfers of contributions and depos-
its authorised by Section 408(a)(3) of the
Foreign Service Act of 1580, as amended,
shall be deemed a complete and final pay-
ment of benefits under this chapter. for the
employee's funds thus transferred.".
SEC. 141. JUDICIAL REVIEW?SEPARATION FOR
CAUSE.
Section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended by adding
at the end of subsection (a)(2) the following
new sentence:
"Section 1110 shall also apply to proceed-
ings under this paragraph."..
SEC 142.711AV13.. erava, AND oniki essucerrs.
Section 902 of Chapter 9 of the Foreign
Service ? Act of 1980 (22 U.S.C. 4081) is
amended In paragraph (9) by striking "from
a location" and inserting in its place "to or
from an employee's poet of assignment."
SEC 113. AMENDMENTS TO TITLE 5. UNITED STATES
CODE
(a)Section 5523(a) is amended ?
' (1) in subparagraph (1XA) by inserting
"(or that of his dependents or immediate
family, as the case .may ber after "depar-
ture"; and
(2) in the last sentence by striking the
phrase "for not more than 120 additional
daps" and by Inserting in its place "thereaf-
ter in 30-day increments, up to a total evac-
uation period of no more than 270 days-.
(o) Section 5651(a), is amended by adding
after the word "pay" in the second sentence,
"or, for service as part of a tour of duty or
extension thereof commencing on or after
the effective date of this amending provi-
sion, the basic pay.".
(c) Section 5922 is amended by adding at
the end thereof the following new subsec-
tions (d) and (e):
"(d) When a quarters allowance or allow-
ance related to education under this sub-
chapter, or quarters furnished in Govern-
ment-owned or controlled buildings under
section 5912, would be furnished to an em-
ployee but for the death of the employee,
such allowances or quarters may be fur-
nished or continued for the purpose of al-
lowing any child of the employee to com-
plete the current school year at post or
away from post notwithstanding the em-
ployee's death."
"(e) When an allowance related to educa-
tion away from post under this subchapter
would be authorized to an employee but for
the evacuation/authorized departure status
of the pod. such an allowance may be fur-
nished or continued for the purpose of al-
lowing dependent child(ren) of such em-
ployee to complete the current school year."
(d) Section 5923, relating to quarters al-
lowance, is amended?
(1) in paragraph (1). by striking the word
"lodging- and Inserting in its place "subsist-
ence"; and by inserting "including meals
and laundry expenses" after "quarters" the
first time it appears:
(2) in subparagraph (1)(A). by striking "3
months" and inserting "90 days" in its
place: and
(3) in subparagraph (1)(B), by striking "1 -
month" and inserting "39 days" in its place.
(e) Section 5924(1), relating to post allow-
ances. is amended by adding at the close
thereof ", except that employees receiving
the temporary subsistence allowance under
section 5923(1) of this Title are ineligible for
receipt of a post allowance under this para-
graph."
(f) Section 5921(2) is amended?
(I) by inserting "subsistence and other re-
location" after -reasonable" and inserting
"(including unavoidable lease penalties)"
after -expenses": and
(2) in subparagraph (A), by deleting "the
Commonwealth of Puerto Rico" and insert-
ing "the Commonwealths of the Northern
Mariana Islands or Puerto Rico," in ita
place; and '
(3) in subparagraph (B), by striking "be-
tween assignments to posts in foreign areas"
and inserting "after the employee agrees in
writing to remain in Government service for
12 months after transfer, unless separated
for reasons beyond the control of the em-
ployee that are acceptable to the agency
concerned" in lieu thereof.
(g)Section 5924(4) is amended?
(1) in the ineroduction, by inserting "or, to
the extent ? education away from post is in-
volved. official assignment to serve in such
area or areas," after "dependents::
- (2) in subparagraph (A). by inserting.
before "kindergarten". "pee-school for ? ?
handicapped children ages three ? to- five --
years.": and
(3) in the first line of subparagraph (B) by
striking "undergraduate college" each time
It appears and inserting in Its place "post-
secondary (but not graduate or posi-gradts-
ate) educational institution". : ?
SW. tie anion` roe germs AT- nininALTnrinC: .
POST& ?'
(a) Section 816(1)(2) of the Foreign Sevier
Act of 1980 (22 U.S.C. 4058) is amended to
read as followk
"(2) A former spouse shall not. be consid-
ered as married to a participant for periods
assumed to be creditable service under sec-
tion 803(a) or section 809(e)."
(b) Section 817 of - such Act (22 U.S.C.
4057) is amended by adding, at the end
thereof, the following new senteneek
"Such extra credit shall not be used to de-
termine the eligibility of a person to qualify
as a former spouse under this subchapter, or
to compute the pro rata share under section
804(10). No extra credit for service at. un-
healthful posts shall be given muter this --
section for any service as part of a tour of'
duty, or extension thereof, commencing on
or after the effective date of this amending
provision."
SEC. 145, FORMER SPOUSES OF USIA AND AID EM-
PLOYEES
(a) RETERSKRIIT Bnarrrs roe CERTAIN
FORMER Srousas.--Seetion 830 of the For-
eign Service Act of 1980 (22 U.S.C.--46890-
(relating to retirement benefits for certain.
former spouses) is amended by adding at
the end the following new subsection:
"(f) Any individual who on February 14
1981, was an otherwise qualified formee-.-?-,
spouse pursuant to- this section, but. whi9--mi--,-re
was married to ? limner Foreign Service
pion* of the United States Inforini
Agency or of the Agency for International
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?
S 4892 CONGRESSIONAL RECORD ? SENATE
Development shall be entitled to benefits
under this section if ?
"(1) the former employee retired from the
Civil Service Retirement and Disability
System on a date before his employing
agency could legally participate in the For-
eign Service Retirement and Disability
System; and
"(2) the marriage included at least five
years during which the employee was as-
signed overseas.".
(b) SURVIVOR BENEFITS FOR CERTAIN
FORMER SPOUSES.?Section 831 of the For-
eign Service Act of 1980 (22 U.S.C. 4069b)
(relating to survivor benefits for certain
former spouses) is amended by adding at
the end the following new subsection:
"(g) Any individual who on February 14,
1981, was an otherwise qualified former
spouse pursuant to this section, but who
was married to a former spouse pursuant to
this section, but who was married to a
former Foreign Service employee of the
United States Information Agency or of the
Agency for International Development shall
be entitled to benefits under this section if ?
"(1) the former employee retired from the
Civil Service Retirement and Disability
System on a date before his employing
agency could legally participate in the For-
eign Service Retirement and Disability
System; and
"(2) the marriage included at least five
years during which the employee was as-
signed overseas.".
CC) Ilr.strn BENEFITS fOR CERTAIN FOFJCER
Srouszs.?Section 832 of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 4069c) (relating to
health benefits for certain former spouses)
is amended by adding at the end the follow-
ing new subsection:
"(f) Any individual who on February 14,
1981, was an otherwise qualified former
spouse pursuant to subsections (a), (b), and
(c)-of this section, but who was married to a
former Foreign Service employee of the
United States Information Agency or of the
Agency for International Development shall
be entitled to benefits under this section if?
"l) the former employee retired from the
Civil Service Retirement and Disability
System on a date before his employing
agency could legally participate in the For-
eign Service Retirement and Disability
System; and
? "(2) the marriage included at least five
years during which the employee was as-
signed overseas.".
SEC."146. GRANTS FOR INSTITUTIONS AND STU-
DENTS FOR TRAINING IN INTER.NA-
170NAL AFFAIRS
The State Department Basic Authorities
Act of 1956 (22 U.S.C. 2269 et seq.) is
amended by adding the following new sec-
tion 44:
"SEC. 44. GRANTS POR TRALNING AND EDUCATION
IN INTERNATIONAL AFFAIRS.
"The Secretary of State may make grants
to post-secondary educational institutions
or students for the purpose of increasing
the level of knowledge and awareness of and
Interest in employment with the Foreign
Service, consistent with Section 105 of the
Foreign Service, consistent with Section 105
of the. Foreign Service Act of 1980, as
amended. To the extent possible, the Secre-
tary shall give special, emphasis to promot-
ing such knowledge and awareness of the
Foreign Service among minority students.
Any grants awarded will be made pursuant
to regulations to the established by the Sec-
retary of State, which will provide for a
_ ._Aimit on the size of any specific grant, and.
Aegarding: any grants to individuals, will
' insure that no grant recipient receives
*rants from one or a combination of federal
? programa which exceed the cost of his or
? her education and will require satisfactory
educational progress by grantees as a condi-
tion of eligibility for continued receipt of
grant funds."
SEC. 147. EXPANSION OF MODEL FOREIGN LAN-
GUAGE COMPETENCE POSTS.
(a) In order to carry out the purposes of
section 702 of the Foreign Service Act of
1980, and In light of the positive report
issued on March 28. 1986, by the Depart-
ment of State as required by Section 2207 of
the Foreign Service Act of 1980, the Secre-
tary of State shall designate as model for-
eign language competence posts at least two
Foreign Service posts In each of the Depart-
ment of State's five geographic bureaus, for
a minimum of ten posts, in countries where
English is not the common language. Such
designation shall be made no later than Oc-
tober 1, 1989, and shall be implemented so
that no later than October 1, 1991, each
Government employee permanently as-
signed to those posts shall possess an appro-
priate level of competence in the language
common to the country where the post is lo-
cated The Secretary of State shall deter-
mine appropriate levels of language compe-
tence for employees assigned to those posts
by reference to the nature of their func-
tions and the standards employed by the
Foreign Service Institute.
(b) At least one of the posts designated
under subsection (a) shall be in "hard lan-
guage" countries as identified in the report
to the Under Secretary of State for Manage-
ment of May 12, 1986, entitled "Hard Lan-
guage Proficiency in the Foreign Service".
These posts shall be in one of the countries
where the official or principal language is
Arabic, Chinese, Japanese or Russian.
(0) The posts designated under subsection
(a) shall continue as model foreign language
posts at least until September 30, 1993. The
Secretary of State shall submit no later
than January 31, 1994, a report to the Com-
mittee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of
the House of Representatives describing the
operation of such posts and the costa, ad-
vantages and disadvantages associated with
meeting the foreign language competence
requirements of this section.
(d) The Secretary of State may authorize
exceptions to the requirements of this sec-
tion if he determines that unanticipated ex-
igencies so require. Such exceptions shall be
Immediately reported to the Committee on
Foreign Relations of the Senate and thc
Committee on Foreign Affairs of the House
of Representatives.
(e) The posts designated under subsection
(a) may not include those chosen in imple-
menting Section 2207 of the Foreign Service
Act of 1980. Those posts are Dakar. Senegal.
and Montevideo, Uruguay. The report re-
quested under subsection (c) shall include
progress made in these posts in maintaining
the high foreign language standards
achieved under the initial pilot program.
(f) Such sums as may be necessary to im-
plement this section are hereby authorized.
SEC. 148. REPORT ON FOREIGN LANGUAGE EN-
TRANCE REQUIREMENT FOR THE FOR-
EIGN SERVICE.
The Secretary of State shall submit no
later than December 31, 1989, a report to
the Committee on Foreign Relations of the
Senate and the Committee on Foreign Af-
fairs of the House of Representatives evalu-
ating an entrance requirement for the For-
eign Service of at least one world language
at the S-3/R-3 level as defined by the For-
eign Service Institute, or one non-world lan-
guage at the H-2/R-2 level. Such report
shall also include:
(a) the time necessary to implement such
a requirement; ?
May 4,
(b) the use of bonus points on the Foreign
Service candidate scoring system for candi-
dates with foreign !menage ability:
'Cc) adjustments necessary to' raise other-
wise qualified candidates, esbeciallY includ-
ing affirmative action 'applicants,' to the
levels required for entrance as defined In
this section.
SEC. 1411. FOREIGN SERVICE PROMOTION PANELS.
It is the sense of the Congress that, to the
greatest extent possible, Foreign Service
Promotion Panels shall only promote candi-
dates to the Senior Foreign Service who
have demonstrated foreign language profi-
ciency in at least one language at the B-3/
R-3 level as defined by the Foreign Service
Institute and to strive for the objective stip-
ulated in the Foreign Service Manual (3
FAM 870, "Foreign Language Training,"
871.2-1 a. (1)) "to be able to use two foreign
languages at a minimum professional level
of proficiency of S-3/R-3." It is further the
sense of the Congress that at least one
person on each Foreign Service Promotion
Panel shall have attained at least the 5-3/
R-3 level.
SEC. 150. CHANGE IN THE EMPLOYEE EVALUATION
REPORT.
(a) The Department of State and the
Agency for International Development shall
revise the Employee Evaluation Report for
Foreign Service Officers, and the Unittd
States Information Agency shall revise the
Officer Evaluation Report for its Foreign
Service Officers, to require, as a separate
entry, an assessment of the employee's per-
formance in each foreign language tested at
the S-3/R-3 level. Including the date on
'which the officer was last tested in_tiaat lan-
guage and the score achieved in the officer's
last test.
(b) The Director of Personnel at the De-
partment of State, the Agency for Interns"
tional Development and the United States
Information Agency shall instruct promo-
tion panels to take Account of language abil-
ity and, all matters being otherwise equal, ?
to give precedence in promotions-to officer!,
who have achle0ed a level of it least 8-341-
3 in one or more foreign languages over offi-
cers who lack a level of S-3/R-3.
TITLE II?UNITED STATES
INFORMATION AGENCY
?
SEC. sc. AUTHORIZATION OF APPROPRIATION&
ALLOCATION OF FUND& ?
(a) Aurztotursriox or APPSOPRIATIONL?
There are authorized to be appropriated to
the United States Information Agency
$425,000,000 for fiscal year 1990 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.
SEC. 201. VOICE OF AMERICA.
(a) Atrrimaxvirron or APPROPRIATIONS.?In
addition to amounts authorized to be appro-
priated by section 201, there are authorized
to be appropriated $189,700,000 for *fiscal
year 1990 to the Voice of America for the
purpose of carrying out Title % VI-of the
United States Information and Educational
Exchange Act of 1948 and the Radio Broad-
casting to Cuba Act.
(b) ALLOCATION or Puires.-01 the funds
authorized to be appropriated by this sec-
tion. $12,000,000 shall be avallable.only /or
the "Voice of America: Cuba Service."
(c) RADIO Cotesrancriow.?In addition to
the funds authorized to be appropriated by
subsection (a), there authorized to be appro-
priated $22.000,000 for radio construction in
fiscal year 1990:??'
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ay 4, 1989 CONGRESSIONAL RECORD SENATE
SEC. 1103. BUREAU OF EDUCATIONAL AND CULTUR-
AL AFFAIRS.
(a) AUTHORIZATION OT APpRoPRIATIONEL?
In addition to amounts otherwise author-
ized to be appropriated by section 201. there
are authorized to be appropriated to the
Bureau of Educational and Cultural Affairs
8197.850,000 for fiscal year 1990 to carry out
the purposes of the Mutual Educational and
Cultural Exchange Act of 1961. Of the
funds authorized to be appropriated by this
section. not less than?
(1) $98,000,000 shall be available only for
grants for the Fulbright Academic Pro-
gram;
(2) $40,400.000 shall be available only for
grants for the International Visitors Pro-
gram;
(3) $5,500,000 shall be available only for
grants for the Hubert H. Humphrey Fellow-
ship Program:
(4) $2.000,000 shall be available only for
the Samantha Smith Programs: .
(5) $10,000,000 shall be available only for
the Arts America Program:
(6) $11.900,000 shall be available only for
the Office of Citizen Exchanges; and
(7) $150,000 for books and materials to
complete the collections at the Edward Zor-
insky Memorial Library in Jakarta, Indone-
sia,
SEC. 2154. NATIONAL ENDOWMENT FOR DEMOCRA-
CY-
In addition to amounts authorized to be
appropriated by section 201, there are au-
thorized to be appropriated to the United
States Information Ageticy $21,800,000 for
fiscal year 1990 to be available only for a
grant to the National Endowment for De-
mocracy for use in carrying out its purposes.
SEC. 205. EAST-WEST CENTER.
There are authorized to be appropriated-.
$20,000,000 for fiscal year 1990 to carry out
? the provisions of the Center for Cultural
and Technical Interchange Between East
and West Act of 1960.
SEC 200. FEES" FOR USIA PUBLICATIONS AND
OMER PROGRAMS;
Section 810 of the United States Informa-
tion and Educational Exchange Ant of 1948
(22 U.S.C. 1475e) is amended to read as fol-
lowic?
? "SEC. 810. Notwithstanding section 3302
of title 31 or any other law or limitation of
authority, all payments received by or for
the use of the United States Information
Agency from or in connection with Agency-
produced publications, English-teaching,
and library programs produced or conducted
by or on behalf of the Agency under the au-
thority of this Act or the Mutual Education-
al and Cultural Exchange Act of 1961 may
be credited to the Agency's applicable ap-
propriation to such extent as may be provid-
? . ed in advance in an appropriation Act."
Sew DA DIPLOMATIC CONSTRUCTION PROGRAM. ":
Section 402(aX2) of the Omnibus Diplo-
matic Security and Antiterrorism Act of
1986 (PL. 99-399) is amended to read as fol-
lows:
"(2) bid on a diplomatic construction or
design project which involves physical or
technical security, unless-
- "(A) the project is for the design or con-
- struction of a facility of the United States
? Information Agency that does not process
? or store classified material; and
? "(B) the total value of the project does
not exceed $500,000.".
SEC Tea. roamN LANGUAGE SERVICES.
? Section 804(1) of the United States Infor-
mation and Educational Exchange Act of
1948 (22 U.S.C. 1474(1) is amended by in-
serting "when job vacancies occur" after
"United States citizens are not available".
SEC. VW. DISSEMINATION OF INFORMATION
WITHIN THE UNITED STATES.
Section 501 of the United States Informa-
tion and Educational Exchange Act of 1948
(22 U.S.C. 1461) is amended?
(1) by inserting "(a)" after "501."; and
(2) by adding at the end thereof the fol-
lowing new subsection:
"(bX1) Notwithstanding the provisions of
subsection (a), the Director shall make
available to the Archivist of the United
States, for domestic distribution, motion
pictures, films, videotapes and other materi-
al prepared for dissemination abroad 12
years after the dissemination of the materi-
al abroad, or in the case of material not dis-
seminated abroad. 12 years after the prepa-
ration of the material.
"(2) The Director shall be reimbursed for
any attendant expenses. Any reimburse-
ment to the Director pursuant to this sub-
section shall be credited to the applicable
appropriation of the United States Informa-
tion Agency.
"(3) The Archivist shall be the official
custodian of the material and shall issue
necessary regulations to ensure that persons
seeking its release have secured and paid for
necessary United States rights and licenses
and that all costs associated with the provi-
sion of the material by the Archivist shall
be paid by the persons seeking its release.
The Archivist may charge fees to recover
such costs in accordance with section
2116(c) of title 44, United States Code. Such
fees shall be paid into, administered, and ex-
pended as part of the National Archives
Trust Fund.".
SEC. 210. ESTABLISHMENT OF THE I. WILLIAM FM-
BRIGHT SCHOLARSHIP BOARD.
(1) AMENDMENT TO TEl MUTUAL EDUCATION-
AL AND CULTURAL Excrtasos Acr or 1961.?
Section 106(a) of the Mutual- Educational
and Cultural Exchange Act of 1981 Is
amended to read as follows:
"(a) THE J. WILLIAM Ftrzmumrr SCHOLAR-
mu? BOARD.?There is established the J.
William Fulbright Scholarship Board (here-
after in this section referred to.- as . the
- 'Board'). Membership ? in the Board shall
consist of?
"(A) the Librarian of Congress; ?
"(B) the Director of the National Gallery
of Art:
"(C) the Director of the National Science
Foundation;
"(D) the Secretary of the Smithsonian In-
stitution;
"(E) a distinguished scholar from the
social sciences who shall be appointed by
the Librarian of Congress;
"(F) a distinguished scholar from the hu-
manities who shall be selected by the Li-
brarian of Congress;
"(G) a noted artist who shall be appointed
by the Director of the National Gallery;
"(H) an eminent scientist who shall be ap-
pointed by the Director of the National Sci-
ence Foundation;
' "(I) a distinguished scholar, scientist or
artist who shall be appointed by the Secre-
tary of the Smithsonian
"(J) six members who shall be appointed
by the President from the academic, profes-
sional, and public service communities in
the United States. ?
"(2) All appointed members of the Board
shall serve for a term of three years, except
that?
'(l() the initial appointment made pursu-
ant to paragraph (1XE) shall be for a term
of one year;
"(B) the initial appointment made pursu-
ant to paragraphs (1 XO) and (1 XH) shall be
for a term of two years: and
"(C) two of the initial presidential ap-
pointments under paragraph (1)(J) shall be
S 4893
for a term of one year, and two shall be for
a term of two years.
The Board shall elect a Chairman from
among its members who shall serve a term
of one year and who is eligible for reelec-
tion. All persons on the Board shall serve
until a successor is qualified. Vacancies on
the Board shall be filled in the same
manner in which the original appointment
was made for the balance of the original --
term.
"(3)(A) The Board shall select all scholars,
students, teachers, artists, trainees, and
other persons participating in programs au-
thorized pursuant to section 102(aX1) of
this Act, including all participants in the
Fulbright Academic Exchange Programs
and the Hubert H. Humphrey Fellowship.
Programs. The Board shall have the.author-
ity to establish policies for the conduct of
the Fulbright Academic Exchange Pro-
grams and the Humphrey Fellowship Pro-
grams, including authority to regulate and
approve all grants made to institutions im-
plementing the Fulbright Academic Ex-
change and Humphrey Fellowship Pro-
grams. Policies established by the Bureau of
Educational and Cultural Affairs regarding
such programs shall be subject to the poli-
cies of the Board. The Board shall not ad-
minister any program under its authority.
? "(B) In addition to the authority of sub-
paragraph (A). the Board shall supervise
the programs authorized by paragraphs (4)
and (6) of section 102(b) of the Mutual Edu-
cational and Cultural Exchange Act of 1961.
"(4) All recipients of Fulbright Academic
Exchange and Humphrey Fellowship
awards shall have full academic and artistic
freedom, including freedom to write. Pub. ?
? lish, and create. No award granted pursuant
to this Act may be revoked or diminished-on ?
account of the political views. etby
the recipient or on account of any scholartyq",..?
or artistic activity that would be subject to
the protections of academia and -artistic ?
freedom normally observed in univeraities
the United States, The Board shall ensure.
that the academie and artistic freedomauf
? all persons?receiving grants are?plutitted;.;? _,?5?
"(5) The Board.shall formulate a-policy-9W
revocation of Fulbright grants which shall
be known to all grantees. Such. policy shall
fully protect the right to due process as well
as the academic and artistic freedom of all
grantees.".
(b) ABOLISHBIZNT or BOARD or Foams ?
SCHOLARIMEIPB.?(1XA) The Board of Foreign
Scholarships, as in effect on the day before
the date of enactment of this Act, is hereby
abolished. ? ?
(B) Section 608 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and
1987. is amended?
in the section heading, by striking out
"BOARD OF FOREIGN SCHOLARSHIPS"
and inserting in lieu thereof "J.? WILLIAM-:..---j-
FULBRIGHT SCHOLARSHIP ? BOARDP:'?-:- -
and- .
(ii) In the first sentence,. bystriking out'
"Board of Foreign Scholarships" and insert-
ing in lieu thereof "J. William Fulbright .
Scholarship Board". .
? (2) All personnel employed in connection
with, and the assets, liabilitiel, contracts,
property, records, and unexpended balances -
of appropriations, employed, used._ held. -or -
made available to the Board or Foreign
Scholarships, as of. the day before the ? date ?,
of enactment of this Act, shall be trans-
ferred on such date to the J. William Ful-
bright Scholarship Board as established 19 ?
this section. Unexpended funds transferred.
pursuant to this paragraph -shall be ? used -
only for the purposes for Which the.funds ? ?
were originally authorized and approprl-
ated.
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S 4894 CONGRESSIONAL RECORD ? SENATE
(3)(A) The provisions of this section shall
not affect any proceedings, including no-
tices of proposed rulemaking, or any appli-
cation for any scholarship, financial assist-
ance, licenae, permit, or certificate, pending
before the Board of Foreign Scholarships
on the day before the date of enactment of
this Act; but such proceedings or applica-
tions, to the extent that they relate to the
Board of Foreign Scholarships, shall be con-
tinued. Orders shall be issued in such pro-
seeedings, appeals shall be taken therefrom,
and payments shall be made under such
orders, as if this section had not been en-
acted; and orders issued in any such pro-
ceedings shall continue in effect until modi-
fied. terminated, superseded, or revoked by
the President, a court of competent Jurisdic-
tion, or by operation of law. Nothing in this
paragraph prohibits the discontinuance or
modification of any such proceeding under
the same terms and conditions and to the
same extent that such proceeding could
have been discontinued or modified if this
section had not been enacted.
(B) The President is authorized to issue
regulations providing for the orderly trans-
fer of proceedings continued under subpara-
graph (A).
(4)(A) No action or other proceeding
brought by or against the Board of Foreign
Scholarships or any member thereof in his
official capacity shall abate by reason of the
enactment of this section.
(B) If, before the date of enactment of
this section, the Board of Foreign Scholar-
ships or any member thereof in his official
capacity is a party to an action, then such
action shall be continued with the J. Wil-
liam Fulbright Scholarship Board substitut-
ed or added as a party.
, ?? SRC. MAIM SATELLITE AND TiturvigioN.
(a) IN ? Choirstat.?The Director of the
United States Information Agency is au-
thorised to lease or otherwise time on com-
mercial or United States Government satel-
lites for the purpose of transmitting agency
materials and programs to posts and other
. users abroad. The United States Inforina-
s--s-s-Iss-fs ? ? thin Agency is authorised to produce arid
transmit only where the programs are
? -' (1)1nteractive dialogue programa consist-
ing of live interviews and discussions among
participants in different locations;
(2) Coverage of current events such as
United States elections, candidate debates,
and presidential speeches, where coverage is
not available from commercial or public tel-
evision networks at a reasonable costs ?
? .(3) regular coverage of Congressional pro-
ceedings. White House news briefings and
State Department news briefings where
such coverage is not available at a reasona-
ble fee from C-Span or. other public and
. commercial television service; or
? (4) short news clips to be provided to for-
eign broadcasters only for rebroadcast at
the discretion of the foreign broadcaster,
(b) PREFERENCE FOR NOR-OOVEREMENTAL
BROADCASTS:--711 transmitting programs by
satellite pursuant to subsection (a). the Di-
rector of the United States Information
Agency shall use programs produced by
-American commercial and public television
'broadcasters in preference to material pro-
duced by the United States Government
where such programs' are canstarable to
programs being produced by the* United
States Information Agency and where such
programs are available at a reasonable cost.
The United States Information Agency Film
and Television Service is authorized to &e-
squire and transmit by satellite Programs
.1goduced by United States commercial and
public television networks only if such pro-
grama? ?
(1) are comprised of news, public affairs,
artistic and cultural, or scientific program-
ming; and
(2) have been on or are being broadcast in
the United States.
(c) ALLocATION or Pincos.?Of the funds
authorized to be appropriated to the United
States Information Agency, not more than
$20,000,000 shall be available for the "Tele-
vision and Film Service" of the United
States Information Agency which shall in-
clude all funds available for the acquisition;
production, and transmission by satellite of
television programs. Of the funds author-
ized to be appropriated to the United States
Information Agency for television, not less
than $1.500.000 shall be available for the
purchase or use of programs produced with
grants from the corporation for public
broadcasting or produced by United States
public television networks. ?
(d) Television programs transmitted by
satellite are intended to supplement the
programming of foreign broadcasters. It is
not intended that the United States Infor-
mation Agency established its own televi-
sion network in competition foreign broad-
casters or United States commercial and
public television networks.
(s) To the extent that significant econo-
mies may be achieved by the purchase of
large blocks of satellite time, the United
States Information Agency is authorized to
acquire such satellite time. Satellite time
not utilized by the United States Informa-
tion Agency, or time in excess of four hours
of programming each day, shall be made
available .to other United States Govern-
ment Agencies on a priority basis and with-
out cost. Time not utilized by the' United
States Government may be sold to commer-
cial users.
(f) For fiscal year 1990, the restrictions of
section 209(e) of PL 100-204 are waived so as
to permit television, broadcasts in accord-
ance with this section. ?
SEC. 212. FREE ENTERPRISE SYSTEM IN TELEVI-
SION.
The Congress affirms its belief that the
United States free enterprise system, sup-
plemented by public televon?provides the
highest quality and most objective news and
public affairs programming available. The
United States Information Agency shall un-
dertake, as a matter of high priority in the
field' of television, to promote access in for-
eign countries to the news and public affairs
programming of. United States commercial
and public television networks. Whenever
requested by a United States company and
permitted by a foreign government, the
United States Information Agency shall
provide assistance,- including use of the
United States Information Agency satellite
receiving equipment, to facilitate such
&CMS&
SEC. tn. CITIZEN EXCHANGES.
There is established in the Bureau of Edu-
cational and Cultural Affairs an Office of
Citizen Exchanges. The office shall support
private not-for-profit organizations engaged
In the exchange of persons, including youth.
between the United States and other coun-
tries.
SEC. 214. SCHOLARSHIPS FOR TIBETANS.
Of the funds authorized in section 203(1),
not less than 30 scholarships shall be made
available to Tibetan students and profes-
sionals who are outside Tibet. - ?
SEC M. UNITED STATES-SOVIET EXLIIANGES.
The Mutual Educational and Cultural Ex-
change Act of 1961 is amended by adding at
the end thereof the following new section:
'Sec. 113. Ihrzno etalas-13ovier EX-
CHAROES.?(A) The President' is ? authorised
to negotiate and implement an agreement
with the Union of Soviet Socialist Republics
May 4,
under which repayments made by the
Soviet Union on Lend-Lease debts to the
United States would be used to finance the
exchange of persons between the United
States and the Soviet Union for educational,
cultural, and artistic purposes. Exchanges
authorized by this section shall be adminis-
tered pursuant to the provisions of this Act.
Part of the funds repaid to the United
States shall be Convertible currency for the
purpose of paying the expenses associated
with study and other exchange activities by
Soviet Citizens in the United States.
"(b) Funds made available for the pur-
poses of this section shall be available only
to the extent and in the amounts provided
for in an appropriation Act."
SEC. 215. VOICE OF AMERICA HIRING PRACTIC1M.
After the date of enactment of this Act,
the Voice of America shall not select candi-
dates for employment who must be or are
pre-assroved for employment at the Voice
of America by a foreign government or
entity.
SEC 217. DISTRIBUTION WITHIN THE UNITED
STATES OF USIA FILM ENTITLED
-LONG JOURNEY HOME".
Notwithstanding section 208 of the For-
eign RtSations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1(a)
and the second sentence of section 501 of
the United States Information and Educa-
tion Exchange Act of 1948(22 U.S.C. 1461)?
(a) the Director of the United States' In-
formation Agency shall make available to
the Archivist of the United States a master
copy of the film entitled "Long Journey
Home"; and
(b) upon evidence that neceskary United
States rights and licenses have been secured
and paid for by the person seeking domestic
release of the film. the Archivist shall-a"." ?
(1) reimburse the Director for - anr'ert-
penses of the Agency In making that malt&
copy available;.
(2) deposit that film in the National Ar-
chives of the United States and
(3) make copies of that film available for
purchase and public. viewing: withlii2lIse
United Siete*. ? ? ? ? *:' ?
Any reirnbursementIO the Olivet:C-1r ilDra17.
ant to this section 'shall be credited .t40'.4he
applicable appropriation. of ,
States Information Agency. ? . ?
Tr= III?BOARD FOR ? ' ?
INTERNATIONAL BROADCAI3TING
flke. SOL AIJTHOItif.ATION OF AFFROPRIATIINDL
? (a) Section &ak1)(A) of the Board ler-
Internatiunal Broadcasting Act of NM 031-
11.8.C. Z477) is amended to read as folio= -
"(A) $190.330,000 for fiscal year, 1999:
and".
(b) Radio Transmitter Construction and
Modernisation. There is authorized to he
appropriated to the Board for International-
Broadcasting for radio transmitter 'construe..':
Lion and modernization. $23,917,000- for-
fiscal year 1990. ,
SEC 302. PROCUREMENT OF LEGAL SER1.1C.ES.
Section 26 of the State Department Basic
Authorities Act of 1966 (22 U.S.C. 2691) is
amended in subsection (b) by inserting "
the chairman of the Board for International
Broadcasting." after ?-Communication
Agency".
SEC 303. IUDIO ram APGRANtETAR.-::.- - --
Section 2(5) of the Board for Internation-
al Broadcasting Act of 1923 (22 U.S.C.. 21171
(5)) is amended by striking out "(as long as
It is under Soviet occupation)" and inserting
therein S(until.stich a time that the Boyers.
went in Kabul is replaced by a government
achieved through a tree act of self7determi-
? ? .? . ? .
nation)." .
?
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? May 4, 1989
TITLE Iv?INTERNATIONAL
ORGANIZATIONS
CONGRESSIONAL RECORD ? SENATE S 4895
SEC. 401. UNITED STATES MEMBERSHIP IN INTER.
NATIONAL SUGAR ORGANIZATION.
The President is authorized to continue
membership for the United States in the
International Sugar Organization. Begin-
ning in fiscal year 1991 and thereafter, the
United States assessed contributions to such
organization may be paid from funds appro-
priated under the heading "Contributions to
International Organizations."
SEC. 402. REEORM IN BUDGET-MAKING AT THE
UNITED NATIONS AND ITS SPECIAL.
IZED AGENCIES.
(a) Frinnsas?The Congress finds that:
(1) United States membership in the
United Nations and its specialized and affili-
ated agencies serves the national security
interests of the United States by promoting
world peace, by enhancing protection of the
global environment, by policing the use of
nuclear energy, and by promoting common
solutions to the affilcations of disease,
hunger, ignorance and poverty:
(2) Financial and administrative reform in
the United Nations ssytem is essential so as
to ensure that the vital missions of the
United Nations and its specialized and affili-
ated agencies are efficiently executed;
(3) The United Nations and the special-
ized and affiliated agencies have made sub-
- stantial progress toward implementation of
reforms in budgetary. and administrative
? matters, including the enactment of a
United Nations resolution providing for con-
sensus decisions on the United Nations,
budget:
?? ? ? (4) United States willingness to !milts full
assessed contribution to the United Nations
? and each specialized and affiliated agency is
contingent upon the good faith implements-
Lion of the budgetary and administrative re-
?' fbrtot by the United Nations or such special-
ized and affiliated agency; and. ? ?
_ (5) The -continued failure of the United
States .to pay its full ssseased contribution:
...A?. the United Nations. and 'the specialized
shd affiliated agencies could -undermine the
reform program-diminish United States' In-
fluence, and undermine vital United States
interests. '
(I)) Withholding of Assessed -Contribu-
tions. For any calendar year where the
President determines that the United Nin
tions or any specialized and affiliated
agency is not implementing agreed upon
? budgetary and administrative reforms. the
President shall withhold twenty percent of
the United States messed contribution to
such agency. The President shall notify the
Speaker of the House of Representatives
and the Chairman of the Committee on For-
eign Relations of the Senate within five
days of making the determination deScribed
_ in this subsection. ? ? ? ? ? ?
;":-.F A (c) Waiver. The ? Presiden t May waive- the
,.--withholding requirement of subsection (15) if
. 7 he determines that it is intim vital national
Interest of the United States to MY the full
? United States assessed contribution to the
. -United Nations or any specialized and affili-
. ated agency and so reports to the Speaker
- of the .HoUse of Representatives and the
? Chairman of the Committee of Foreign Re-
: lotions of the Senate within five days of
is-
.aulng such -waiver. -
(d) Sunset Provision. This section shall
have no effect after October 1. 1995.
SEC. 403. UNITED NATIONS VOTING PRACTICES
AMENDMENT
- Be it enacted by the Senate and House- of
----Representatives of the United States of
-t;:n America in Congress assembled. That? ?
(a) title VII of the Foreign Relations Au-
thorization Act, Fiscal Years 1988 and 1989.
Is amended by adding at the end of Part A
? _ _ -I :....
(relating to the United Nations) the follow-
ing new section:
"SEC. 109. ANNUAL REPORT TO CONGRESS ON
VOTING PRACTICES AT THE UNITED
NATIONS
"(0.) IN GENERAL.?Not latex than 90 days
after the usual suspension of the United Na-
tions General Assembly in December of
each year, the President shall transmit to
the Speaker of the House of Representa-
tives and the President of the Senate a full
and complete report which assesses, with re-
spect to each foreign country member of
the United Nations, the voting practices of
the governments of such countries at the
United Nations, and evaluates General As-
sembly and Security Council actions and the
responsiveness of those governments to
Untied States policy on issues of special im-
portance to the United States.
"(b) INFORMATION ON VOTING PRACTICES IN
THE UNITED NATIONS.?Such report shall in-
elude, with respect to voting practices and
plenary actions in the United Nations
during the preceding 12-month period, in-
formation to be compiled and supplied by
the Permanent Representative of the
United States to the United Nations, con-
sisting of?
"(1) an analysis and discussion. Prepared
In consultation with the Secretary of State,
of the extent to which member countries
supported United States policy objectives at
the United Nations:
"(2) an analysis and discussion, prepared
In consultation with the Secretary of State,
of actions taken by the United Nations by
consensus; -
"(3) with respect to plenary votes of the
United Nations (3eneral Assembly?
"(A) a listing of all such votes on Issues
which directly affected important United
. States interests and on which the United
? States lobbted extensively, a brief descrin-
%ion of the issues involved in each such vote,
and an explanation of the United Stales
aition on each such inane; ? ? ?
"? A'B) a _listing of the votej de.sIid-. Id
claims -(A) ethic's 'provides a comparisen of
? the vote cast by each member country with
the vote nastily the United States; '
? "(C) a country-by-country listing of votes
described in clause (A); and
? "(D) a listing votes described In clause (A)
displayed in terms of United Nations region-
al caucus groups:.
"(4) a listing of all 'plenary votes cast by
member countries of the United Nations in
the General Assembly which provides a
comparison of the vote cast by each member
country with the vote cast by the United
States;
"(5) an analysis and discussion, prepared
in consultation with the Secretary of State,
of the extent to which other members sup-
ported United States policy objectives in the
? Security Council and a separate listing of all
Security Council' votes of each member
? country in comparison with the United
States; and
"(6) a side-by-side comparison of agree-
ment on important and overall votes for
each member country and the United
States.
? "(c) Statement by the Secretary of
State.?Each report under this section shall
contain a statement by the Secretary of
State discussing what steps have been taken
to keep United States diplomatic missions
Informed of United Nations General Assem-
bly and Security Council activities.".
(b) The table of contents of the Foreign
Relations Authorization Act; Fiscal Years
1988 and 1989, is amended by inserting after
the item relating to section 708 the follow-
ing new item: "Sec. 709. Annual report to
Congress on voting practices at the United
Nations.".
(c) The following provisions of law are
hereby repealed:
(1) The second undesignated paragraph of
section 101(b)(1) of Public Law 98-151 (97
Stat. 967).
(2) Section 529 of the Foreign Assistance
and Related Programs Appropriations Act.
1986, as contained in section 101(i) of Public
Law 99-190 (99 Stat. 1307).
(3) Section 528 of the Foreign Assistance
and Related Programs Appropriations Act.
1987, as contained in section 101(1) of Public
Law 99-500 (100 Stat. 1783) and section
101(f) of Public Law 99-591 (100 Stat. 3341).
(4) Section 528 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 1988, as contained in
section 101(e) of Public Law 100-202.
(5) Section 527 of the Foreign Operations,
Export Financing, and Related Programs
Appropriations Act, 1989, as contained in
Public Law 100-461,
SEC. 404. MEMBERSHIP OF ME PLO IN UNITED NA-
TIONS AGENCIES.
No funds authorized to be appropriated by -
this Act shall be available for the United
Nations or any specialized agency thereof
which accords the Palestine Liberation Or-
ganization the same standing as member
states. Notwithstanding any other ?srovision
of law. the United States may make finan-
cial contributions in support of the safe-
guards program of the International Atomic
Energy Agency and may make voluntary
contributions to support the global AIDS
program of the World Health Organization.
TITLE V?REFUGEE AND OTHER ?
PROVISIONS
?
SEC. sei. UNITED NATIONS HIGH cosimissioNitti ?.
FOR REFUGEE) AUDIT REWIRE/Mt ? 4.?
Section 11300 of Public Law 99-93 ? is
? amended to read as follows: -. .? '
"(a) PEOEDUAM Auarrs.?Funds may. not- be- .
available to the United Nations High Conn
missioner for Refugees under . this are:.-azw.. '
other Act unlaimovlaton inade-teni-t,.'-?
j..?-!:(1)- annual progranvaudits to detkeRiin#,
the use-of UNCRR -funds. Moluding- thenee
-of such funds by implementinUpartnersi'
"(2) such audits are. made available
through the Comptroller General of the
United States."
SEC. 512. WORLDWIDE REFUGES PROTECTION. ?
(a) REDD= ram THE SOVIET UNIO/L--;
(1) FTIIDINDS.?The Congress finds that:
(A) the recent Increase in the number of
Jews and other religious minority groups
able to depart the Soviet Union is a signifi-
cant foreign policy and human rights
achievement which the United States
should welcome and encourage;
(B) the current practice whereby United
States refugee status is denied to some of
those now leaving the Soviet Union has led .
to substantial increases in the ntunbers of-
Soviet refugees In Rome waiting to come to-
the United States.
(2) It is the sense of Congress that: ?
(A) the United States should reaffirm its
commitment to facilitating the departure of
Jews and other religious minority groups of,
special concern from the Soviet Union. ? -
(B) United States Milan" Processing ?
should recognize the history of persecution
that is the compelling reason for Jews and
other religious minority groups to leave the
Soviet Union. Sufficient funds from this Act
should be provided to fulfill the purpose of
this section.
(b) REFUGEES PROM IND0CHINA?
(1) Furonvos.?The Congress finds that:
(A) the refugee crisis in Southeast Asia re-
mains unresolved, and large numbers of ref-
ugees continue to flee from Vietnam, Laos.
and Cambodia:
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? S 4896
CONGRESSIONAL RECORD ? SENATE
(B) while voluntary repatriation appears
to be the best solution for most of the
320,000 Cambodian refugees and displaced
Persons In Thailand, there are many of ape-
cis.] humanitarian concern to the United
States for whom resettlement opportunities
must be preserved, including victims of tor-
ture and human rights abuses, and family
reunification cases;
(C) while the overall rate of pirate attacks
on refugee boats in the Gulf of Thailand is
lower than in previous years, the numbers
of rapes and abductions of refugees in-
creased from 95 in 1987 to 185 in 1988, and
the totals for dead and missing refugees in-
creased more than five-fold. from 95 in 1987
? to 501 in 1988;
(D) United States rejection rates of refu-
? gee applicants for the orderly departure
program from Vietnam reached nearly 80
percent in 1989, while in the previous
decade these rejection rates never exceeded
10 percent. This unannounced policy change
is unfair to the thousands of Vietnamese
who. in response to a United States invita-
tion for an interview, have been waiting,
often for many years, for an opportunity to
leave Vietnam safely and legally through
the orderly departure program.
(2)It is the sense of the Congress that:
(A) the United States government should
work with the government of Thailand and
with other countries of the region, and with
refugee resettlement countries, and with
the United Nations High Commissioner for
Refugees, to amine that refugees and dis-
Placed Persons continue to receive asylum
and protection, and that resettlement op-
portunities for refugees and others of spe-
? cial humanitarian concern are maintained.
(B) first asylum countries in Southeast
? Asia should be urged to reinstate the prac-
tice of providing adequate refuge for all
asylum-seekers, while carrying out the
screening of such Individuals. Efforts to
? combat pirate attacks on refugees should be
continued and strengthened.
(C) the United States government should
advocate the policy that no repatriation of
. asylum-seekers should occur until strong
.: and effective procedures ere in place to
guarantee that such ssylum-seeters will be
? rettnired to their countries of origin in con-
' Mons of safety and will not be subjected to
persecution.
(D) the United States should review proce-
dures and criteria in the orderly departure
Program to assure that family reunion cases
and others who have received letters of in-
?. troduction for the United States are given
reasonable opportunities to leave Vietnam.
The United States should seek to establish a
special resettlement program for former? -
"re-education camp" prisoners and their im-
mediate Amines.
(c)Raroosts no Si:Rumex AFRICA?
(1) PM/EGA?The Congress finds that:
? (A) the actions of the government of the
4 ? Republic of South Africa In forcing lionm-
blean refugees to return to their violence-
Plagued homeland in 1988 should be con-
.- 7 3. donned;
(B) the possibility exists that large num-
bers of Mozambican civilians in South
Africa could face similar involuntary return
to their homeland in 1989;
? (C) the policy-of the government of South
. Africa of deterring and Preventing the entry
? ?? of refugees from Moratabkiue by means of
-- ? an electrified fence hs.s resulted In the
? deaths of numerous refugees and should be
condemned.
(2) It is the sense of the Congress that:
- (A) the Secretary of State should urge the
?government of the Republic of South Africa
' to stop the forcible repatriation of Mozam-
bican dvillans, to dismantle the fence upon
which numerous refugees have been electro-
cuted. and to invite the United Nations
High Commissioner for Refugees to carry
out his customary role of protecting and as-
sisting Mozambican refugees in South
Africa.
(B) the Secretary of State shall report to
the Congress by September 30, 1989 as to
his actions in this regard and the response
of the Republic of South Africa, and shall
Provide a current assessment of the situa-
tion of Mozambicans in our seeking to enter
South Africa.
(d) RsrucEEs us THE Hoax OT AFRICA?
( FINDINGS.?The Congress finds that:
(A) while hundreds of thousands of refu-
gees from Ethiopia remain in asylum in con-
tiguous countries, serious internal violence
In Sudan and Somalia has uprooted several
million civilians and precipitated a major
movement of refugees from both countries
Into Ethiopia.;
(B) the government of Ethiopia and the
United Nations High Commissioner for Ref-
ugees have been unable to provide adequate-
ly for the humanitarian needs of the refu-
gees from Sudan and Somalia now in
asylum in Ethiopia;
(C) continuing violence in Sudan and So-
malia may lead to the arrival of additional
large numbers of refugees into Ethiopia
from both countries. .
(2) It is the sense of the Congress that
(A) the Secretary of the State should
advise the government of Ethiopia and the
United Nations High Commissioner for Ref-
ugees of the strong concern of the United
States government that the situation of ref-
ugees from Sudan and Somalia should be
improved to acceptable standards.
(B) the Secretary of State should urge the
government of Ethiopia to permit cross-
border deliveries of food and other humani?
tarian assistance to the people of Southern
Sudan, in order to stem the further flow of
Sudanese into Ethiopia.
(C) the Secretary of. State shall report to
the Congress by September 30, 1989 on the
actions taken by the Government of Ethio- ?
pia and the United Nations High Commis-
sioner for Refugees to improve the living
conditions of these refugees; measures the
United States has taken and can take to
assist in this regard, and the prospects for
additional refugees movements from Sudan
and Somalia.
(e) Trams Rgrowas.?Of the amounts
authorized to be appropriated for tne. De.
partment of State for "migration and 711u-
gee assistance" for fiscal year 1990. 000.000
shall be made available for assistance for
displaced Tibetans in India and Nepal. The
Secretary of State shall determine the best
means for providing such assistance.
sea PROHIBITION ON EXCLUSION OR DEPOIte
TATION OF TION-4112WENT mina
(a) TECHNICAL Cortrunnore.?Section 901 of
the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (8 U.S.C. 1182
note) is amended in subsection (a) by insert-
ing "subject to restrictions or conditions on
entry into the United States," after "United
States," the first place it appears.
(b) Errwrrvz Dos?Subsection (d) of
Section 901 of the Foreign Relations Au-
thartastion Act, Fiscal Years .1988 and 1989
(8 U.S.C. 1182 note) is repealed.
TITLE VI?GLOBAL ENVIRONMENT
PROTECTION ACT
tige Mi. WOW TM,. ? .
This Utle may be cited as the "Global En-
vironmental Protection Ambiance Act of
1989."
May 4, 198:9
PART A?COMMERCIAL AND GOVERNMENTAL
DEBT-FOR-NATURE EXCHANGES
SEG Mk AMENDMENT TO THE FORE/GN ASSIST-
ANCE Aker.
The Foreign Assistance Act of 1961 is
amended by inserting after chapter 6 of
part I the following new chapter
"CRAFT= 7?DEST-TOR-NATURE EXCHANGES
"SEC. 461. Derntrrion.?For purposes of
this Act, the term 'debt-for-nature ex-
change' means the cancellation of the for-
eign debt of the government of a country in
exchange for?
"(1) that government's making available
local currencies (including through the Issu-
ance of bonds) which are used only for eligi-
ble projects involving the conservation or
protection of the environment in that coun-
try (as described in section 463): or
"(2) that government's financial, resource,
and policy commitment, to take certain spec-
ified actions to ensure the restoration, pro-
tection, or sustainable use of natural re-
sources within that country; or
"(3) a combination of assets and actions
under both paragraphs (1) and (2).
'Sac. 462. ASSISTANCE 'OR COMMERCIAL
DEBT EXCHANGES.?
"(a) The President, acting through the
Agency for International Development, is
authorized to furnish assistance, in the
form of grants on such terms and conditions
as may be necessary, to nongovernmental
organizations for the purchase on the open
market of discounted commercial debt of a
foreign government of an eligible country
which will be cancelled under the terms of
an agreement with that govenmient as part
of a debt-for-nature exchange. * ? ? ?
"(b) Notwithstanding any other -Provision
of law, a grantee (or any sober:Mee)'of the ?
grants referred to In subsection (a) is net ac-
countable for Interest earned on either the
grant money or the proceeds of any result-
ing debt-for-nature exchange pending their
disbursement for approved program per-
"8zc. 463. Eames Prionans.-
-? "(a) The .President shall seek -to7-ensure?
that debt-toremature exelianges.itheler this,
chapter support one more of the following ?
activities by either the host 'government, a ',-
local private conservation group, or a combi-
nation thereof:
"(1) . Restoration. protection, or sustain-
able use of the world's oceans and tames-
phere; ? ?
"(2) Restoration. .protectian, or sustain-
able use of-diverse animal and plant species;
"(3) Establisheinnt. restoration. protec-
tion, and maintenance of parks and re-
"
"(4) Development -and implementation of
sound systems of natural resource manage-
ment;
"(5) Development and support of local
conservation proven=
"(6) Training programs to strengthen con-
servation InstitoUons and increase scientific.' -
technical, and managerial capabilities of in-
dividual& and organizations navolved.in con-
servation efforts;
"(7) Efforts to generate knowledge, bi-
t:ream understanding, and enhance .public
commitment to conservation: ? :
'
"(8) Design and implementation of sound.
programs of land and ecosystem _manage-
ment; and ? ?
"(9) Promotion of regenerative approach-
es
in farming, forestry, fishing, and water-
shed management.
"(bX1) In cooperation with nongovern-
mental oripminations: the President shall"
seek to identify then (tress, which because
of an imminent threat, are in particular
need of immediate attention to prevent the
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iday .4, 1989 CONGRESSIONAL RECORD ? SENATE
loss cf unique biologic/a life or valuable eco-
system.
"(2) The President, acting through the
Secretary of State, shall encourage as many
eligible countries as possible to propose such
exchanges with the purpose of demonstrat-
ing to a large number of governments the
feasibility and benefits of sustainable devel-
opment.
"Sac. 464 ELIGIBLE CotTun/in.?In order
for a foreign country to be eligible to par-
ticipate in a debt-for-nature exchange under
this chapter. the President shall determine
that?
"(1) the host country Is fully committed to
the long-term viability of the program or
project that Is to be undertaken through
the debt-for-nature exchange;
? "(2) a long-term plan has been prepared
by the host country, or private conservation
group, which adequately provides for the
long-term viability of the program or
project that is to be undertaken through
the debt-for-nature exchange or that such a
plan will be prepared In a timely manner;
and
"(3) there is a government agency or a
?local nongovernmental organization, or
combination thereof, in the host country
with the capability commitment, and record
of environmental concern to oversee the
long-term viability of the program or
project that is to be undertaken through
the debt-for-nature exchange.
"Sac. 465. Drams AND CONDITIONS.?
? 't(a) The terms and conditions for making
? a grant under this chapter shall be deemed
to be fulfilled upon final approval by the
President of the debt-for-nature exchange, a
? certification by the nongovernmental orga-
. nliation that the host government has ac-
? cepted the terms of the exchange, and that
the commercial debt has been cancelled in
the agreed upon fashion.
? "(b) Grants made under this section are
Intended to .complement, and not substitute
assistance otherwise available to a for.
country under this Act or any other
? ? provision of law.
"(c) The United States Government is pro-
.. Whited. from accepting title or interest in
any land in a foreign country as a condition
on the debt exchange.
"Sec. 468. PILOT PROGRAM TOR SUB-SA13.4-
RAN AFAICA.-
? ? "(a.)- The ? President. in cooperation with
?-?,. ? - nongovernmental conservation organise-
thins, shall invite the government of each
country in sub-Saharan Africa to submit a.
list of those areas of severely degraded na-
tional resources which threaten human sur-
vival and well-being and the opportunity for
future economic growth or those areas of bi-
ological or ecological importance within the
territory of that countre. ?
? "(h) The President shall assess the list
submitted by each country under subsection
(a) and shall seek to reach agreement with
the host country for the restoration and
future sustainable use of those areas: ?
? ."(cX1) The President is authorized to
make grants, on such terms and conditions
. as may be?neoestary. to United States non-
- .. governmental organisations for the our-
chase on:the open market of discounted
? commercial debt of a foreign government of
an eligible sub-Saharan country in exchange
for commitments by that goveriunent to re-
? store natural resources identified by the
host country under subsection (a) or for
?. ? conunitments to:dereloP Pleas for sustain-
able use of suth resources.
?? ".(2) Notwithstanding any other Provision
? ? of law, a grantee (or subgrantee) under this
? subsection is not accountable for interest
mimed on either the grant money or the
proceeds at any resulting debt-for-nature
exchange pending their disbursement for
approved program purposes.
PART B?MULTMATMAL FOREIGN ASSISTANCE
COORDINATION
SEC. 610. GENERAL POLICY.
It is the sense of the Congress that the
Secretary of State should seek to develop an
increased consideration of global warming,
tropical deforestation, sustainable develop-
ment, and biological diversity among the
highest goals of bilateral foreign assistance
Programs of all countries.
SEC. 621, POLICY ON NEGOTIATIONS. -
(a) Is GENERAL.?The Secretary of State,
acting through the United States represent-
ative to the Development Assistance com-
mittee of the Organization for Economic
Coordination and Development (OECD).
should initiate, at the earliest practicable
date, negotiations among member countries
on a coordinated approach to global warm-
ing, tropical deforestation, sustainable de-
velopment., and biological diversity through
bilateral assistance programs that would in-
elude?
(1) increased consideration of the impact
of developmental projects on global warm-
ing, tropical deforestation, and biological di-
versity;
(2) reduction or elimination of funding for
those projects that exacerbate those prob-
lems;
(3) coordinated research and development
of projects that emphasize sustainable use
or protection of tropical forests and support
for local conservation efforts;
(4) expanded use of forgiveness of foreign
assistance debt in exchange for policy
changes or programs that address problems
associated with global warming, tropical de-
forestation, sustainable development, and
biological diversity:.
(5) increased use of foreign assistance
funds and technical assistance in support of
local conservation, restoration. or sustain-
able development efforts . and debt-for-
nature exchanges: ' " ' -
(6) bnproved exchange of information on
energy efficiency and solar and renewable
energy sources, and a greater emphasis on
the use of those sources of energy in devel-
opmental projects; and
(7) increased use of environmental experts
In the field to .assess development projects
for their impact on global warming, tropical
deforestation, and biological diversity.
(1)) IMPIXICIETATION OP AGEZIELENT.?Nego-
tiations described in subsection (A) shall
seek to ensure that the recommended
changes are implemented as quickly as pos-
sible by member countries of the Develop-
ment Assistance Committee. .
. PART C?INTERNATIONAL DEBT EXCHANGE
. . Insurtmoas
Sec. 630.?Esmainunderce or Irrreasairrow-
AL DEBT EXCHANGE INSTITUSION.
(a) Poucy.?It is the sense of the Con-
gress that the President, acting through the
Secretary of State, should initiate negotia-
tions with other major lender countries to
establish an international institution for the
purpose of facilitating exchanges of com-
mercial debt for sustainabie development
and conservation purposes.
(b) Pinterioas or Isitstrerma.?The func-
tions of such institution shall include?
(1) identifying potential conservation
projects:
(2) identifying areas in need of emergency
action;
? (3) finding or providing appropriate tech-
nical and financial support for conservation
projects:
(4) promoting sound conservation and sus-
tainable development projects: and
(5) evaluating project results.
S 4897
(c) Goa/. or Nzoommoss.?The negotia-
tions should seek to conclude an agreement
on?
(1) the appropriate structure of such an .
International institution and Its independ-
ence or association with an existing Institu-
tion such as the United Nations or the
International Bank for Reconstruction and
Development (also known as the 'World
Bank.' x
(2) the appropriate amount and form of
resources that will be required from creditor
countries in support of the debt exchanges.,
Including loan guarantees, debt forgiveness,
Interest rate and principal reduction, and
other financial incentives that will facilitate
exchanges of commercial debt for conserva-
tion purposes'.
(3) methods which can be used to mini-
mize the economic impact on donor and re-
cipient countries of the debt exchanges:
(4) criteria which debtor nations would
have to meet to qualify for the debt relief;
(5) methods to ensure compliance with
the terms of the debt relief;
(6) establishment of a priority system for
the institution: and
I'll methods to encourage the involvement
of local nongovernmental organizations in
projects made possible by such institution.
SEC. 631.?Raroer.
One year after the date of enactment of
this Act. the Secretary of State shall submit
to the Speaker of the Rouse of Representa-
tives and the appropriate committees of the
Senate, including the Committee on Foreign
Relations, a report on steps undertaken to-
initiate the negotiations described in section
301. the status of the negotiations. and,:..?
progress toward reaching an agreensent.snel;?:L
recommendations for addilionak.authoritiro,t,-7; ?
that may be needed to reach an agreement.:
PAP.T D?SALE Or Acructrts inset,
Cosocoarrus
Whom 66A?AMENDKINT TO IRS AGRICULAIL:' ?
? ? Al. TRAM DEVELOPiaNT,..AiTle4A4t.
SISTANCE ACF OF 1564. ?? ? -
(a) Is GINERAL?The AgrieulturaOd?
Development and Assistance Act of-1N4 k7.7 ?
amended by adding at the end the following
new title; . ? ? -?!,.!
"TITLE
"SEC son. Emma COUNTRIRS. .
"Whenever the President. In etnitation-x-
with the government of a developing
try eligible for assistance under this Artlirb-
private conservation group in that countr3V:
determines that such country would benefit;
from the sale of United States agricultural,:
comroodities for conservation or sustainable -
development efforts. the President may
ignate such a -country eligible for a consar;?..:
ration and environmental prOteetIon:PrO7--".
gram under this title. Private conservation .
groups acting with the support of the host ?
government are also eligible for the pro-
gra
'SEC. 6.62. FORMULATION OF PROPOSAL.
"(a) DEVELOTNIMT or Pxorosat..?A .
try or nongovernmental organizatime des*. . ?
nated as eligible under sectien 501 and
Ing to participate In a conservation and eni.':tf-
vironnaental protection program- ahaltz?for:::. -
mulate with the assistance, if requested, of
the United States Government, a multiyear.
proposal which shall be submitted to the
President. ??- ? ? ?
"(b) CONTEXTS or Pitorosiu;.-;.-Such -?
el shall? . .? ? ? -
"(I) include a plan for the -Intended NNW ?,??
of the funtiends :senerated from thetaleof ittelf,.
commodl t
? "(3) specUy the nature and magnitude of-
problems to be affected by the effort;
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S 4898 CONGRESSIONAL RECORD ? SENATE
"(3) specify the possible impact, including
environmental impacts, if the problem is al-
lowed to continue unaddressed;
"(4) specify targets or goals to be reached
by the projects, programs, or activities to be
supported; and
"(5) estimate the cost and expected
sources of revenue for the project.
-SEC. 503. ALLOCATION OF SALE PROCESS.
"(a) ALLOC.ATION or PRocrms.?Up to 15
percent of the funds generated from the
sale of agricultural commodities in a fiscal
year in a country designated under section
501 which are approved by the President.
Funds allocated through this program are
intended to complement, and not substitute
for, assistance otherwise available for a for-
eign country under this Act or an other law.
"(b) ACCOUNTABILITY FOR INT/MEST.?A
grantee (or any subgrantee) of the funds al-
located under subsection (a) is not accounta-
ble for interest earned on such funds pend-
ing disbursement for approved program pur-
Poses."
(b) Errecerve Dare.?The amendment
made by subsection (a) shall take effect Oc-
tober 1. 1989.
PART E?MONTREAL PROTOCOL TO PROTECT
THE OZONE
SEC. SA POLICY IN FAVOR OF REOPENING THE
MONTREAL PROTOCOL
(a) POLICY.?II is the sense of the Con-
gress that the Secretary of State, in consul-
tation with the Administrator of the Envi-
ronmental Protection Agency, should re-
quest and convene, at the earliest practical
date, a meeting of such parties to the Mon-
treal Protocol as may be necessary for?
(1) a reassessment of the control measures
contained in the Montreal Protocol; and
(2) adoption of additional control meas-
ures requiring the virtual elimination of all
substances identified in the Montreal Proto-
col not later than 7 years after the date of
enactment of this Act and appropriate con-
trol measures for other ozone-depleting
chemicals not identified in the Montreal
Protocol.
(b) Derunrunt.?For purposes of subsec-
tion (a). the term "Montreal Protocol"
refers to the Montreal Protocol on Sub-
stances that Deplete the Ozone.
PART P?Wisinire PROTECTION
SEC M. ELEPHANT PROTECTION.
(a) Fmnratos.?The Congress finds that:
(1) the elephant is a unique and magnifi-
cent species, the survival of which is now se-
riously endangered by illegal hunting and
Poaching. as well as by the destruction of its
habitat;
(2) the demand for illegal ivory is a major
cause of the illegal hunting and poaching
that is now decimating elephant herds;
(3) the United States imports ivory from
countries that do not enforce bans against
illegal hunting or which tolerate the trade
in ivory from illegally killed elephants;
(4) action to close the United States
market to countries which tolerate illegal
hunting of elephants or which tolerate
trade in illegally killed elephants will reduce
demand for ivory from illegal sources and
will provide incentives to countries to en-
force measures prohibiting the illegal hunt-
ing of elephants and the trade in ivory from
Illegal sources; and.
(5) urgent action is required if the ele-
phant species is to be saved.
(b) Pitonisrrunt.?(1) No ivory or other
elephant product may be imported into the
United States or may be sold in any United
States government facility if:
(A) the ivory or other elephant product
originated from a country where significant
? ntunbers of elephants are killed illegally or
are killed in numbers sufficient to reduce
the optimal sustainable elephant population
In the country or
(B) the ivory or other elephant product
was traded in a country where there is any
significant trade or transit traffic in the
products of illegally killed elephants.
(2) This subsection shall not apply to an-
tique ivory.
(C) PUBLICATION REQUIREMENT.?Not later
than six months after enactment the Secre-
tary of State shall publish in the Federal
Register a list of all foreign countries from
which the imports of ivory and other ele-
phant products are prohibited pursuant to
subsection (b).
(d).Deriarrioss.?For the purposes of this
section:
(1) the term "Ivory" includes raw ivory
and worked ivory;
(2) "Significant numbers of elephants
killed illegally" refers to the lesser of (A)
1,000 elephants or (B) a number killed such
that the killing adversely affects the ability
of the elephant herds in a country to sus-
tain a stable population.
(3) "optimal sustainable elephant popula-
tion" is the largest population that can be
supported in healthy condition by the habi-
tat in the country available for elephants.
(4) "significant trade" refers to ivory
valued at more than $200,000 or the product
of more than 100 elephants
(5) "significant transit traffic" mears traf-
fic in ivory valued at more than 1200,000 or
the product of more than 100 elephants.
SEC. sm. AUTHORIZATION FOR MEMBF.RSHIP IN
THE INTERNATIONAL TROPICAL
TIMBER ORGANIZATION
The President is authorized to maintain
membership of the United States in the
International Tropical Timber Organization
(ITTO).
SEC. 661. AUTHORIZATION FOR MEMBERSHIP IN
THE INTERNATIONAL UNION FOR THE
CONSERVATION OF NATURE AND NAT-
URAL RESOURCES ?
The President is authorized to maintain
membership of the United States in the
International Union for the Conservation of
Nature and Natural Resources (ITJCN).
SEG NM AUTHORIZATION OP APPROPRIATIONS
FOR MEMBERSHIP IN WILDLIFE CON-
VENTIONS
There are authorized to be appropriated
to the President $1,511,000 for fiscal year
1990 in support of U.S. participation in the
following international environmental orga-
nizations and conventions of 'which:
(a) $850,000 shall be available for dues and
arrearages for U.S. contributions to the
Convention on International Trade in En-
dangered Species of Wild Fauna and Flora
(CITES);
(b) $231,000 shall be available for dues and
arrearages for U.S. contributions to the
International Tropical Timber Organization
(IWO);
(c) $450,000 shall be available to support
U.S. participation in the World Heritage
Convention; and
(d) $180.000 shall be available to support
U.S. participation in the International
Union for the Conservation of Nature and
Natural Resources,
TITLE VII?Tioxvision Baciancarnito To
CIMA Acr
.SEC. 701. SHORT TITLE.
This act may be cited as the -Television
Broadcasting to Cuba Act."
sEc. 712. PURPOSE.
The purpose of this act is to establish
United States television broadcasting to
Cubs.
SEC. 783 ADDITIONAL PUNCHONS OF THE UNITED
STATES INFORMATION AGENCY.
(a) TELXVISION BROADCASTING To
order to carry out the objectives set forth in
?
May 4,
section 702, 702, and notwithstanding the limita-
tion of section 501 of the United States In-
formation and Educational Exchange Act of
1948 (22 U.S.C. 1481) with respect to the dis-
semination in the United States of informa-
tion prepared for dissemination abroad to
the extent such dissemination is inadvert-
ent, the United States Information Agency
(hereafter in this Act referred to as the
"Agency") shall provide for the open com-
munication of information and ideas
through the use of television broadcasting
to Cuba. Television broadcasting to Cuba
shall serve as a consistently reliable and au-
thoritative source of accurate, objective and
comprehensive news.
(b) Voice or Arceracs STANDARDS.?Televi-
sion broadcasting in accordance with subsec-
tion (a) shall be in accordance with all Voice
of America standards to ensure the broad-
cast of programs which are objective, russa
rate, balanced, and which present a variety
of views.
(c) USIA Trixvistort MaRn.?Any pro-
gram of United States Government televi-
sion broadcasts to Cuba authorized by this
Section shall be designated "USIA Televi-
sion Marti Program".
(d) FREQUENCY A5SIGNMENT.?
(1) Subject to the Communications Act of
1934, the Federal Communications Commis-
sion shall have the authority to assign by
order a suitable frequency to further the
national interests expressed by this Act,
except that no such assignment shall result
In objectionable interference with the
broadcasts of any domestic licensee, and
further, that no such assignment shall
result in a change of frequency for an in-
cumbent domestic licensee.
(2) For purposes of section 305 of the
Communications Act of 1934. a television
broadcast station established for purposes
of this part shall be treated as a government
station, but the Federal Communications
Commission shall exercise the authority of
the President under such section to iudign a
frequency to such station. ? --???? - ?
(e) Iirrwargazace Wrrn DOJOS= BROAD-
CAST/NG.?
(1) Broadcasting by the Service shall be
conducted in accordance with such perim-
eters as shall be prescribed by the Federal
Communications Commission to preclude
objectionable interference with the broad
casts of any domestic licensee. The Federal
Communications Commission shall monitor
the operations of television broadcasting in
Cuba puisuaot section 703(g) of this Act. If,
on the basis-of such monitoring or of a cam-
plaint from any person. the Federal Com-
munications Commission determines that
broadcasting by the Service is causing any
objectionable interference with the trans-
mission or reception of the broadcasts of a
domestic licensee, the Federal Communica-
tions Commission shall direct the Service to
cease broadcasting and to eliminate the ob-
jectionable interference. Broadcasts by the
Service shall not be resumed until the Fed-
eral Communications Commission finds that
the objectionable Interference has been
eliminated and will not recur. The Federal
Communications Commission shall riot have
the authority Us change the frenueney of an
existing licensee in order to eliminate objec-
tionable interference caused by broadcast-
Mg by the Service.
(2) The Federal Communications Commis-
sion shall take such actions as are necessary
and appropriate to wan domestic licensees
In overcoming the adverse effects of objec-
tionable interference caused by broadcast-
ing by the Service.
(f) COMPLIANCE WITH laraulATiosai.
LAW.?Broadeastint by the Service shall be
conducted in accordance with the Interns-
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? 4. 1.989 CONGRESSIONAL RECORD ? SENATE S 4899
clonal Telecommunications Convention pro-
mulgated by the International Telecom-
munications Union of the United Nations.
the Annexed Radio Regulations thereto.
and all other applicable international laws
and treaties. The Fede -al Communications
Commission shall monitor the operations of
television broadcasting to Cuba pursuant to
section 703(h) of this Act. If, on the basis of
such monitoring or of a complaint from any
person or foreign nation, the Federal Com-
munications Commission determines that
broadcasting by the Service is in violation of
the International Telecommunications Con-
vention, the Annexed Radio Regulations
thereto, or any other applicable Internation-
al laws and treaties, the Federal Conununi-
cations Conunission shall direct the Service
to cease broadcasting. Television broadcasts
to Cuba shall not be resumed until the Fed-
eral Communications Commission finds that
the Service has brought its broadcasting op-
eration into full compliance with interna-
tional law, and that the violation will not
recur.
(g) MonTolima or INTERFERENCE.?The
Federal Communications Commission shall
continually monitor and periodically report
to the appropriate committees of the Con-
gress violations of international law arising
out of television broadcasting to Cuba under
this section, and, interference to domestic
broadcast licensees?
(1) from the operation of Cuban television
and radio station.% and
(2) from the operations of the television
broadcasting to Cuba.
(h) TASK Foacs.?It Is the sense of the
Congress that the President should estab-
lish a task force to analyze the level of in-
terference from the operation of Cuban tel-
evision and radio stations experienced by
broadcasters in the United States and to
seek a practical political and technical solu-
tion to this problem.
. SRC 764, CUBA TELEVISION SERVICE OF THE
UNITED STATES INFORMATION
AGENCY.
? (a) Tstsvision Marrs Sintvrca?The Di-
rector of the United States Information
.Agency shall establish within the Agency a
, :Television Marti Service (hereafter lir this
;action referred to as the "Service"). The
Service shall be responsible for all television
? broadcasts to Cuba authorized by section
703. The Director of the United States In-
formation Agency shall appoint a head of
the Service who shall report directly to the
? Director. The head of the Service shall
employ such staff as the head of the Service
may. need to carry out the duties of the
Service. The Service shall be administered
separately from other television functions
of the United States Information Agency.
(b) Use OF EXISTING EXITED STATES INFOR-
?MATION Ammer Facurnits.---To assure con-
sistency of presentation and efficiency of
operations in conducting the activities au-
herewider, the Service shall make
^;. maximum feasible utilization of Agency fa-
- ditties and management support, Including
those of the Radio Marti Program, Voice of
America, knd the United States Information
Agency Television Service.
(e) Aentrzonsi. Aurnowerrs.?The Agency
may carry out the purposes of this part by
? means of grants, teams, or contracts (sub-
, ject to the avalls.bility of appropriations) or
- such other means as the Agency determines
will be most effective.
SEC. nit AMENDMENTS 1) THE 'RADIO BROAD-
? CASTING TO CUBA ACE
: (a) Section 5 of the Radio Broadcasting tO
Cuba Act (22 U.S.C. 1465c) is amended?
. -...(11-?by amending the heading to read as
.follows c ? :"Advisory Board for Cuba Broad-
. casting";
(2) by amending subsections (a) and (b) to
read as follows:
`?(a) There is established within the Office
of the President the Advisory Board for
Cuba Broadcasting (hereafter in this Act re-
ferred to as the 'Board'). The Board shall
consist of nine members, appointed by the
President by and with the advice and con-
sent of the Senate, of whom not more than
five shall be members of the same political
party. The President shall designate one
member of the board to serve as chairper-
son.
"(b) The Board shall review the effective-
ness of the activities carried out under this
Act and the Television Broadcasting to
Cuba Act and shall make recommendations
to the President and the Director and Asso-
ciate Director for Broadcasting of the
United States Information Agency as it may
consider necessary.";
(3) by amending subsection (d) to read as
follows:
"(d) The head of the Cuba Service and the
heaa of the Television Marti Service shall
serve, ex officio, as members of the Board.";
and
(4) in the last sentence of subsection (e)
by striking "The ex officio member" and in-
serting "The ex officio members".
(b) REFERENcES. ?A reference in any provi-
sion of law to the "Advisory Board for
Radio Broadcasting to Cuba" shall be con-
sidered to be a reference to the "Advisory
Board for Cuba Broadcasting".
(c) CONTINUED SERVICE or Mint/ram or
BOARD?Members of the Advisory Board for
Radio Broadcasting to Cuba as in existence
on the day before the effective date of the
amendment made by subsection (a) shall
continue to serve for the remainder of the
term to which each such member was ap-
pointed as members of the Advisory Board
for Cuba Broadcasting.
(d) Warrse.?Section 3 of the Radio
Broadcasting of Cuba Act (22 U.S.C. 1465s)
is amended in the first sentence by inserting
before the comma "and notwithstanding the
limitation of section 501 of the United
States Information and Educational Ex-
change Act of 1948 with respect to the dis-
semination in the United States of infcemai-
tion prepared for dissemination abroad to
the extent such dissemination is inadvert-
ent".
(e) Errscrtve Data?The amendment
made by subsections (a) and (d) shall take
effect on the date of the enactment of this
Act
SEC 706. ASSISTANCE FROM OMER GOVERNMENT
AGENCIES.
Atrrnoarre.?In order to assist the United
States Information Agency in carrying out
the provisions of this part, any agency or in-
strumentality of the United States may sell,
loan, lease, or grant property (including in-
terests therein) and may perform adminis-
trative and technical support and services at
the request of the Agency.
SEC. Tr. AUTHORIZATION OF APPROPRIATIONS
(a) AITITIORIZATION or APPROPRIATIONS.?In
addition to amounts under section 210,
there are authorized to be 'appropriated to
the United States Information Agency,
916,000,000 for fiscal year 1990 for television
broadcasting to Cuba in accordance with
the provisions of this part
(b)
(.I.) Subject to paragraph (2), no funds au-
thorized to be appropriated under subsec-
tion (a) may be obligated or expended
unless the President determines and notifies
the Speaker of the Noun of Representa-
tives and the Chairman of the Committee
on Foreign Relations of the Senate that the
test of television broadcasting to Cuba (as
authorised by title V of the Departments of
Commerce. Justice. and State, the Judici-
ary. and Related Agencies Appropriations
Act. 1989 (Public Law 100-459)) has demon-
strated television broadcasting to Cuba is
fersible and will not interfere with the
broadcasts of licensees. The Federal Com-
munications Commission shall furnish to
the appropriate committees of congress all
interim and final reports and other appro-
priate documentation concerning objection-
able interference from television broadcast-
ing to Cuba to domestic television licensees.
(2) Not less than 30 days before the Presi-
dent makes the determination under para-
graph (1). the President shall submit a
report to the Congress which includes the
findings of the test of television broadcast-
ing to Cuba.
(c) Avart-tetirrv.?Amounts appropriated
Under this section are authorized to be
made available until expended.
SEC. 708. DEFINMONS.
As used in this part?
(a) the term 'licensee" has the meaning
provided in section 3(c) of the Communica-
tims Act of 1934;
(b) the term "appropriate committees of
Congress" includes the House Foreign Af-
fairs Committee and the House Energy and
Commerce Committee. the Senate Commit-
tee on Foreign Relations, and the Senate
Committee on Commerce, Science, and
Transportation; and
(c) the term "Service" means the Televi-
sion Marti Service established pursuant to
section 204 of this Act.
SEC. 10s. SENSE OF CONGRESS.
It is the sense of Congress that the Televi-
sion Marti Service be operated in such a
manner so as not to impact adversely the
Cuban American community in the United
States in terms of the family visits or UN
Implementation of the November 1987 U.S.:-
Cuba immigration agreement; the prospects
for the resumption of broadcast interfer?
ence talks between the United States and .
Cuba; and the prospects for cooperation be!
tween the United States and Cubs. in.areas -
such as narcotics interdiction and the envi-
ronment. , ??
TITLE VIII?POLICY PROVISIONS
SEC- SOL POLICY ON CAMBODIA.
(a) Fnencas.?The Congress finds that: -
(1) the Khmer Rouge was responsible for
the deaths of over one million Cambodians
In the period between 1975 and 1979:. Y.-
(2) the massacre of the Cambodian people
by the Khmer Rouge constitutes a crime ?
against humanity; and
(3) any role for the Khmer Rouge In
future government of Cambedia creates a
real risk of a return to the Khmer Rouge
Program of genocide against the people of
Cambodia:
(b) Pottcr.?/t shall be the policy of the- . -
United States not to support, accept ream- - ?
nire, or tolerate any political arrangement
In Cambodia which includes any role of any.
kind for the Khmer Rouge or its leaders.
(C) PROKISITION ON ASSISTANGX.?Notwith-
standing any other provision of law, no as-
sistance of any kind shall be provided,, di-
rectly or indirectly, to any Cambodian
tary or political group, party, or faction' .
except as authorized by the Foreign Assist- j-
ance Act of 1061, or by the annual Pereign-
Assistance Authorization legislation. Not-
withstanding any other provision of law, no
assistance of any kind shall be provided to
the Khmer Rouge or to any Cambodian
military or political group, party, or faction -
which Is in alliance, coalition, or-assoefittiosi
with the Khmer Rouge or where such wei ?
sistance will have the effect of promoting or
abetting any future Cambodian political ar-?
Dmr) - aniti7R(i CODV Approved for Release 2013/12/30 CIA-RDP93B00099R000300060006-7
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S 4900 CONGRESSIONAL RECORD ? SENATE
rangcment which includes the Khmer
Rouge or their leaders.
(d) EXCEPTION FOR HUMANITARIAN ASSIST-
ANCE.?This section shall not be construed as
limiting the provision of food, medicine, or
other humanitarian assistance to the Cam-
bodian people.
? (e) Postairuzwr FOR Acrs or GEMOC/DE.?
The President is directed to undertake ap-
propriate action to bring to Justice the per-
petrators of Genocide against the Cambodi-
an people in accordance with international
law, Including the Genocide Convention.
(f) POLICY ON CHINESE MD THAI ASSIST-
ANCE TO THE KHMER ROUGE.?The Congress
finds that assistance to the Khmer Rouge
by the People's Republic of China, and fa-
cilitated by the Government of Thailand.
contributes significantly to the viability of
the Khmer Rouge as a political and military
force in Cambodia. The Congress declares
that the continuation of such assistance
could harm significantly future U.S. rela-
tions with the People's Republic of China
and Thailand. The Secretary of State is re-
quested to communicate the policies con-
tained in this section to the Governments of
the People's Republic of China and of Thai-
land.
(5) Eriscramtr.?This section shall take
effect on enactment.?
Mr. BIDEN. The steady drumbeat
of news on the environment during
the past 2 years has developed an omi-
nous tone. Nearly every aspect of our
globe's health has been shown to be
on a serious downward trend, or worse
than expected. In the United States,
we pump well over 22 billion pounds of
wastes into our Nation's air, ground
and waters every year. Productive es-
tuaries are devastated by oil spills of
incredible proportions. Smog is a
health threat to millions of urban resi-
dents. Acid rain damages entire re-
gions..
On .the global level, evidence that
man is dramatically, saacrpossibly unal-
terably, changing the world's climate
Is gaining in credibility. Scientists
have discovered that chloroflourocar-
bons CCFC's3 do not simply disappear
? Into thin air. They become destructive
particles in the highest reaches of our
atmosphere. Carbon dioxide released
from the burning of fossil fuels does
not harmlessly dissipate. It increases
in concentrations in the atmosphere to
the point that massive disruptions in
Earth's weather patterns are possible.
Changes that will be required to
? slow and stabilize the presence of so-
? called greenhouse gases reach to the
most basic aspects of everyday life in
the industrialized and developing
world. It does not mean a return to
? the stone age; that is an argument for
those who do not want to face up to
? the damage we are causing. It does
mean a new look at actions that were
thought to be relatively innocuous a
decade ago, such as the use of styro-
foam cups, how our automobile air....
conditioners are recharged, or even
? what type of lightbulbs we use.
? The characteristics of this problem?
? the long lead time involved, the
? ocean's ability to store carbon dioxide
only to release it years later, thereby
-disguising the extent of the damage?
represents a unique situation in which
we must drop the preference for clear
and indisputable evidence. We must
act on the preponderance of proof
that is developing. It will require polit-
ical leaders of all stripes to take the
most unusual step of taking serious ac-
count of consequences on a time hori-
zon beyond the next election.
The potential effects of a rise in the
Earth's temperature has elevated envi-
ronmental concerns to a level unseen
before. At a hearing before the For-
eign Relations Committee last month,
George Kennan pointed to the grow-
ing international environment crisis as
an equal to the threat posed by the
weapons of mass destruction. Ambas-
sador Kennan stated:
alhe general lesson of what [scientist]
are telling us is that we have a much short-
er time than we think to put things to
rights on this planet If our decendants are
going to have any sort of civilized life in it
. .We are going to have to take the leader-
ship. There is no other country that could
do It as we could it in bringing . . . the
whole international community together in
a far-reaching attack on this problem of the
deterioration of the environment of the
planet for the sustaining of human life.
As Ambassador Kennan went on to
state, there is a unexpected degree of
recognition of this problem, an ex-
traordinary achnowledgement that
the risks are monumental. This is a
mandate for action that we can build
on. The wider the recognition of the
threat global warming poses, the
harder it will be for countries to sit on
the sidelines. It is almost a valuable at-
tribute of global warming that it cuts
both ways?none escape blame for its
cause and none escape it effects.
Mr. President, as with any threat
that has yet to manifest itself, there
are those who urge delay. Several ar-
guments have been raised in support
of this course of inaction. Everyone
can claim that they are only a small
part of the problem. Even the United
States, the world's largest emitter of
greenhouse gases, could make this
claim based on our roughtly 25 per-
cent share of the problem.
But the fact that none of us can be
fingered as the sole culprit does not
mean we are all innocent, it means we
are all responsible. It means each
nation of the world must look to its
own activities that contribute to this
International problem and act appro-
priately.
For the United States, it means we
must cut our carbon dioxide emission,
our CFC emissions, our nitrogen oxide
emissions. For Europe it may mean
much of the same. For developing
countries, it mean a review of their
logging or agricultural policies, and
finding a new path of economic
growth.
But for no one does it mean a retreat
of standards of living, unless we move
on this problem without thinking. The
suggestions that the environment has
to be abused for development to move
forward must be rejected. Indeed, the
record too often shows that destruc-
tion of the environment is the surest
May 4, 1989
way to undermine long-term develop-
ment.
Mr. President, there is a second ar-
gument which, in effect, puts off
action on global warming. The asser-
tion that we cannot help other coun-
tries prevent their environmental dis-
asters until we have addressed all of
ours. I find this notion to be a danger-
ous excuse for other countries to resist
action.
We do not have a perfectly operat-
ing economy, our hands are not com-
pletely clean, but it is only in recent
years that the realization has grown of
how dirty they are. Other countries
are looking at their own. The human
race cannot allow the question of who
has the dirtier hands to obscure the
Issue that we all need to wash up.
That is why I rise to state my strong
support for the global warming provi-
sions of the international environment
title of the State Department reau-
thorization bill Chairman PELL is in-
troducing today. Senator LUGAR, Sena-
tor PELL, and I have all worked to de-
velop the details of the provisions and
to incorporate them into this bill.
They will provide immediate resources
to an innovative approach to encour-
aging environmental projects and pro-
grams in developing countries.
The program provides support for
so-called debt-for-nature . swaps.
Through these swaps, nongovernmen-
tal organizations [NGO'sl have pur-
chased commercial debt of a develop-
ing country at a steep discount to its
face value. The NGOs have then ex-
changed that debt for a commitment
of funds and resources by the host
government in support of-a defined en-
vironmental project.
Thomas Lovejoy of the Smithsonian
Institution is considered the father of
this idea, a tremendous mechanism to
multiply the value of each dollar in-
vested in an environmental project. A
number of these exchanges have been
completed, including swaps in Ecua-
dor, Costa Rica, the Philippines, and
Bolivia. There are dozens of other
countries that would benefit from
swaps of this kind. It is our intention
to offer an amendment in committee
to provide an authorization of MP. to
$50 million for this pro
The Program
tary of State to increase co
of environmental effects of
ment projects among all na
eign assistance programs. Th institu-
tion is in place to do this: the Develop-
ment Assistance Council IDAClet the
Organization of Economic Coopers.-
tion
-
tion and Development.
Through the DAC, all the world's
major donors meet to discuss their
strategies and experiences with devel-
opment assistance. As debt-for-nature
exchanges multiply the value of the
dollar invested in the swap, so coordi-
nation of bilateral assistance programs
can dramatically increase the re-
sources brought to bear on environ-
Declassified in Part - Sanitized Copy Approved for Release 2013/12/30: CIA-RDP93B00099R000300060006-7
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OCA
1623
- 89
SUBJECT:
FY90 State Authorization
Bill, S.928
STAT
OCA/LEG)
(16 May 89)
Distribution:
Original - Addressees (w/att)
1 - OCA Records (w/o att)
1 - D/OCA (w/o att)
STAT
1 - (w/o
att)
1 - OCA/LEG/Subject
File: St Authorization
(w/o
att)
1 - Signer (w/o
att)
1 - OCARead Library
? Declassified in Part - Sanitized Copy Approved for Release 2013/12/30: CIA-RDP93B00099R000300060006-7