CONFERENCE REPORT ON H.R. 1777, FOREIGN RELATIONS AUTHORIZATION ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000300330008-1
• Release Decision: RIFPUB
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• Document Page Count: 56
• Document Creation Date: December 27, 2016
• Document Release Date: January 3, 2013
• Sequence Number: 8
• Publication Date: December 14, 1987
• Content Type: OPEN SOURCE

Declassified and Approved For Release 2013/01/03: CIA-RDP89T00234R000300330008-1
H 11298
W_ RECORD - HOE December 14, 1987
TITLE IV-VOICE. OFAMERICA
Sec. 401. Authorizations of appropriations.
Sec. 402. Voice of America/Europe.
Sec. 403. Contractor requirements
TITLE.V--THE BOARD FOR.
INTERNATIONAL BROADCASTING'
Sec. 501.. Authorization of appropriations;
allocation of funds.
Sec. 502. Reserve for offsetting downward
fluctuations in overseas rates.
Sec. 503. Certification. of certain creditable
service.
TITLE VI-ASIA FOUNDATION
Sec. 60L.Authorizatian of-appropriations;
TITL'VII `I NT E R NAT IO Ni 4 L
ORGANIZATIONS-
PART A- UNITED NATIONS
Sec. 70L Probable. exemptions. to the United
Nations, employee hiring freeze.
See. 702:, Reform in the budget decisionmak-
ing procedures of the United
Nations and it& specialized
agencies
Sec. 703. Housing allowances, of internation-
al. civil servants,
Sea 704. United States participation in the
United Nation& if-Israel is ille-
gallit expelled'
Sec. 705. United Nations projects whose pzi'
mart' purpose is to benefit the
Palestine Liberation Organiza-
tion.
Sec 706. Public access to United Nations
War Crimes Commission files.
Sea 707. Report on policies pursued by other
countries in international or-
ganizations.
Sec. 708.. Protection of Tyre' by the United
Nations. Interim Force in Leba-
non.
PART B-UNITED STATES COMMISSION ON IM-
PRovrnej~ nis ERtrEaTUUs#ESS of" THE UNITED'
NATIONS
Sec. 721L Establishment of Commission.
Sec. 722. Proposes of the Commission.
See. 723. Membership of the, Commission;
Sec. 724: Powers of the-Commission.
Sec. 725. Staff.
See. 776: Report:
Sec 727. Pundingfor the~Commission.
Sec. 728 General Accounting, Office audits.
of the Commission:
Sec: 721 Termination of'thee Commission.
Sec. 730. Effective date.
PART-B-0 HER INTERNATIONAL
ORGANIZATIONS
Sec. 741. Privileges and immunities to of-
fices of, mission- to the, United`
States of the Commission of the
European Communities:
Sec. 742. Contribution to. the regular budget
of the International, Committee:
of the Red Cross, and sense of
Congress concerning recogni-
tion: of Red.Shield of David:
Sec. 743. Immunities- for the International
Committee on the Red Cross.
Sec. 744. North-Aaantio Assembly.
See-. 748.. UnitedStatesmembership in.Inter?
governmental- Committee for
European Migration..
Sec. 748. Recognition ctf CARICOM:
Sec. 747. Asian-Pacific regional human
rights convention.
TITLE" VIII-INTERNATIONAL
NARCOTICS CONTROL.
Sec. 801. Assignment of Drug. Enforcement
Administration. agents abroad.
Sec. 802. Quarterlw reports on prosecution - of
those. responsible for the torture-
and murder of Drug Enforce-
mentAdministration agents in
Mexico.
Sec. 803. Requirement that extradition of
drug traffickers be a priority
issue of United States missions
in major illicit drug producing
or transit countries.
Sec. 804. Information-sharing system so that
visas are denied to drug traf-
fickers.
Sea; 805. Certification procedures for drug
producing and drug-transit
countries and. inclusion of spe-
cific agency: comments.
Sec. 806, Sanctions on drug producing and
drug transit countries.
TITLE IX-IMMIGRA'.TION AND
REFUGEE, PROVISIONS
Sec. 901. Prohibition on exclusion. or depor-
tation- of aliens on certain
grounds.
Sec. 902. Adjustment to lawful resident
status of certain. nationals of
countries for which. extended
voluntary departure has been
made available..
Sea 903 Processing- of-C'uldan- nationals for
admission to the United States..
Sec. 904. Indocltinese- refugee resettlement:
Sec. 905. Amerasian children in. Vietnam.
Sec. 906: Refugees" iorrSbutheastA"sia.
Sea 907.. Release of Yang Wei.
TI.TLE.7-ANTI-T.ERR.QR1SMACT OF 1987
Sec.. 1001.. Short. title..
Sec. 1002. Findings; determinations.
Sea 1003:. Prohibitions regarding the PLG.
Sea 10041 E.r orcemenk
Sec 10M. rw)Feclama-dates.
PART XI-GLORAL CLIMATE
PROTECTION
Sea 1101. Short title:
Sec. 1102- Findings.
Sec. 1203: Mandate for action on the global'
climate.
Sec. 1104: Report to Congress.
Sec. 1105. International year of global cli-
mate protection.
Sec. 1106. Climate Protection and United
States-Soviet relations.
TITLE.XII REGIONAL FOREIGN
RELATIONS MATTERS
PART A-SOVIET UNION AND EASTERN EUROPE
Sec. 1201. Sovietballistic missile tests near.
Hawaii.
Sec. 1202. Emigratiow of Jews and others
who-wish, to-emigrate-from the
Soviet Union.
Sec. 1203 Systematic nondelivery of inter-
national- mail. addressed to cer-
tain persons residing within
the Soviet Union-
Sec., L20L United. States Policy against per-
secution-. of Christians in East
em, Europe and the Soviet
Union.
Sec. 1205. Observance. by the Government of
Romania, of the human rights
of Hungarians. in Transylva-
nsa.
See 1206.. Self-determination of the people
from, the Baltic states of Esto-
nia, Latvia, and.Lithuania.
Sec 1209. Assistance. im support of democra--
cy.in Poland
PART'B-LATIN AMERICA AND CUBA
Sec. 1211. Cuban human rights violations,
and' the failure" of the United
Nations to place Cuba on its
human rights- agenda.
Sec. 1212: Partial 'lifting-of the trade embar-
go against Nicaragua.
Sec. 1213. Termrsst bombing in Honduras.
Sec. 1214.. Human rights in Paraguay.
PART C AFRICA.
Sec. 1221. Human. rights in.Ethiopia.
Sec. 1222.. United. Statespolicyon Angola.
Sec. 1223. Forced detention by the African
National= Congress and the
South African Government.
Sec. 1224. Detention of children in Scuth
Africa.
PART D-MIDDLE EAST
Sec.. 1231. Middle East: peaceeonference.
Sec. 1232. United States policy toward Leba-
non.
Sec. 1233. Acting in accordance with inter-
natianat lave in the Persian
Gull.
Sec: 1234.. United: States policy toward the
Iran-lvaq war.
Sec. 1235. Iran human rights violations.
Sec.. 1236. Iranian persecution of the
Baha'is
PART E-ASIA
Sea, 1 Z41 Soviet occupation of Afghanistan..
Sec.. 1242:. Report on Administtaiom policy.
an Afghanistan.
Sec. 1243. Human, rights- violations in Tibet
by the. People's. Republic of
China.
Sec: 1244. Support-for the rightofself-deter-
minxatian for the- Cambodian
people.
Sea. 1245:. Hhaman rights in, the.People'i Re-
public of China:
Sec. 1248 Democracy in Taiwan:
PART P-M}SCELLANEOVS
Sea 1251. Reports an. illegal technology'
transfers.
Sec.. 1252.. Report an progress toward, a
world.summit on terrorism..
Sec. 1253. Protection of Americans endan-
gered by, the appearance of
their. Placeof birth, on their
passports.
Sec. 1254. Support of mutual defense alli-
ances.
See. 1255. Arms. export control enforcement.
and coordination.
TITLE XLII-EFFECTIVE DATE
Sec., L391. Effective date..
TITLE I-TAE DEPARTMENT OFF SPATE
PART A-AUTHORIZATION' OF APPROPRIA-
77ONS? ALLOCATIONS OF FUNDS,
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
(a)'DIPLOMATIC AND ONGOING OPERATIONS.-
The following amounts are authorized to be
appropriated under 'Administration of For-
eignAtfairs"'for. the Department of State, to-
carry out the authorities; functions, duties,
and- responsibilities in the- conduct of the
foreign affairs' of the United States:
(1) For "Salaries and Ex"penses" of the De-
partment of State (other than the Diplomat-
ic Security, Program), $1;431;908,000 for the
fiscal year 1988 and' $1,460,546,000 fur the
,fiscal' year 1989, of which not less than
$250;0(I6,'for each-fiscal year shall be avail-
able only for use by the Bureau of Interna-
tional Communications and Information
Policy to support international institution-
at development and other activities which
promote international communications and
information development:
(2) For "Acquisition' and Maintenance of,
Buildings- Abroad" (other than the- Diplo-
matic Security Program), $313,124,000 for
the fiscal year 1988- and $71-9,3'86 000 for the
fiscal year 1989.
(3)- For "Representation Allowances';
$4,460,000 for the fiscal year 1988 and
$4,549,000 for the fiscal year 1,-989.
(4). For? "Emergencies in- the, Diplomatic
and Consular Service", $4,0004,000 for the
fiscal year 19.88' and: $4,080, 000, for the fiscal.
year 1989..
(5),' For "Payment to the Anzerixman: Ihsti-
tute in Taiwan?, $9;37.9;000' for the fiscal
year 1988 and $9517,0911 far.' the fiscal year
1989.
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December 14, 1987 CCGRESSIONAL RECORD - HOUSW H 1127
announces that he will postpone fur-
ther proceedings today on each motion
to suspend the rules on which a re-
corded vote or the yeas and nays are
ordered, or on which the vote is ob-
jected to under clause 4 of rule XV.
Such rollcall votes, if postponed, will
be taken at the conclusion of legisla-
tive business today.
1CONFERENCE REPORT ON H.R.
1777, FOREIGN RELATIONS AU-
THORIZATION ACT
Mr. FASCELL submitted the follow-
is ng conference report and statement
on the bill (H.R. 1777) to authorize ap-
propriations for fiscal years 1988 and
1.989 for the Department of State, the
U.S. Information Agency, the Voice of
America, the Board for International
Broadcasting, and for other purposes.
CONFERENCE REPORT (H. REPT. 100-475)
The committee of conference on the dis-
agreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R.
1777) to authorize appropriations for fiscal
years 1988 and 1989 for the Department of
State, the United States Information
Agency, the Voice of America, the Board for
International Broadcasting, and for other
purposes, having met, after full and free
conference, have agreed to recommend and
do recommend to their respective Houses as
follows:
That the House recede from its disagree-
ment to the amendment of the Senate and
agree to the same with an amendment as
follows:
In lieu of the matter proposed to be in-
serted by the Senate amendment insert the
following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.-This Act may be cited as
the "Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989'.
(b) TABLE OF CONTENTS.-The table of con-
t.'nts for this Act is as follows:
Sec. 1. Short title and table of contents.
TITLE I-THE DEPARTMENT OF STATE
PART A-AUTHORIZATION OF.4 PPROPRIATIONS;
ALLOCATIONS OF FUNDS; RESTRICTIONS
Sec. 101. Administration of Foreign Affairs.
Sec. 102. Contributions to International Or-
ganizations and Conferences;
International Peacekeeping Ac-
tivities.
Sec. 103. International Commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Other programs.
Sec. 106. Reduction in earmarks if appro-
priations are less than authori-
zations.
Sec. 107. Transfer of funds.
Sec. 108. Compliance with Presidential-Con-
gressional summit agreement
on deficit reduction.
Sec. 109. Prohibition on use of funds for po-
litical purposes.
Sec. 110. Latin American and Caribbean
data bases.
PART B-DEPARTMENT OF STATE AUTHORITIES
AND ACTIVITIES; FOREIGN MISSIONS
Sec. 121. Reprogramming of funds appropri-
ated for the Department of
State.
Sec. 122. Consular and diplomatic posts
abroad.
Sec. 123. Closing of diplomatic and consular
posts in Antigua and Barbuda.
Sec. 124. Report on expenditures made from
appropriation for emergencies
in the diplomatic and consular
service.
Sec. 125. Requirements applicable to gifts
used for representational pur-
poses.
Sec. 126. Protection of historic and artistic
furnishings of reception areas
of the Department of State
building.
Sec. 127. Inclusion of coercive population
control information in annual
human rights report.
Sec. 128. Limitation on the use of a foreign
mission in a manner incom-
patible with its status as a for-
eign mission.
Sec. 129. Allocation of shared costs at mis-
sions abroad.
Sec. 130. Prohibition on the use of funds for
facilities in Israel, Jerusalem,
or the West Bank.
Sec. 131. Purchasing and leasing of resi-
dences.
Sec. 132. Prohibition on acquisition of house
for Secretary of State.
Sec. 133. United States Department of State
freedom of expression.
Sec. 134. Repeal of Office of Policy and Pro-
gram Review.
Sec. 135. Studies and planning for a consoli-
dated training facility for the
Foreign Service Institute.
Sec. 136. Restriction on supervision of Gov-
ernment employees by chiefs of
mission.
Sec. 137. Study and report concerning the
status of individuals with dip-
lomatic immunity in the
United States.
Sec. 138. Federal jurisdiction of direct ac-
tions against insurers of diplo-
matic agents.
Sec. 139. Enforcement of Case-Zablocki Act
requirements.
Sec. 140. Annual country reports on terror-
ism.
Sec. 141. Restriction on use of funds for
public diplomacy efforts.
Sec. 142. Authority to invest and recover ex-
penses from international
claims settlement funds.
PART C-DIPLOMATIC RECIPROCITY AND
SECURITY
Sec. 151. United States-Soviet Embassy
Agreement; prohibition on use
of Mt. Alto Site.
Sec. 152. Recovery of damages incurred as a
result of Soviet intelligence ac-
tivities directed at the new
United States Embassy in
Moscow.
Sec. 153. United States-Soviet reciprocity in
matters relating to embassies.
Sec. 154. Report on personnel of Soviet state
trading enterprises.
Sec. 155. Personnel security program for em-
bassies in high intelligence
threat countries.
Sec. 156. Accountability Review Boards.
Sec. 157. Prohibition on certain employment
at United States diplomatic
and consular missions in Com-
munist Countries.
Sec. 158. Termination of retirement benefits
for foreign national employees
engaging in hostile intelligence
activities.
Sec. 159. Report on employment of foreign
nationals at foreign service
posts abroad.
Sec. 160. Construction security certification.
Sec. 161. Protection from future hostile in-
telligence activities in the
United States.
Sec. 162. Application of travel restrictions to
personnel of certain countries
and organizations.
Sec. 163. Counterintelligence polygraph
screening of Diplomatic Securi-
ty Service personnel.
Sec. 164. United States Embassy in Hunga-
ry.
PART D-PERSONNEL MATTERS
Sec. 171. Commission to study Foreign Serv-
ice personnel system.
Sec. 172. Protection of Civil Service employ-
ees.
Sec. 173. Compensation for certain State De-
partment officials.
Sec. 174. Audit of merit personnel system. of
Foreign Service.
Sec. 175. Performance pay.
Sec. 176. Extension of limited appointments.
Sec. 177. Chief of missions salary.
Sec. 178. Pay level of ambassadors at large.
Sec. 179. Foreign Service career candidates
tax treatment.
Sec. 180. Prohibition on member of a For-
eign Service union negotiating
on behalf of the Department of
State.
Sec. 181. Clarification of jurisdiction of for-
eign service grievance board.
Sec. 182. Record of grievances awarded.
Sec. 183. Women and minorities in the For-
eign Service.
Sec. 184. Compliance with law requiring re-
ports to Congress.
Sec. 185. Changes in, reporting requirements.
Sec. 186. Disposition of personal property
abroad.
Sec. 187. Authorities for service of Fascell
fellows.
Sec. 188. Benefits for certain former spouses
of members of the Foreign Serv-
ice.
TITLE II-UNITED STATES
INFORMATION AGENCY
Sec. 201. Authorization of appropriations;
allocation of funds.
Sec. 202. Funds appropriated for the United
States Information Agency.
Sec. 203. Receipts from English-teaching
and library programs.
Sec. 204. USIA posts and personnel overseas.
Sec. 205. Forty-year leasing authority.
Sec. 206. United States Information Agency
programming on Afghanistan.
Sec. 207. Television service of the United
States Information Agency.
Sec. 208. Limitation on Worldnet funding.
Sec. 209. Audience survey of Worldnet pro-,
gram.
Sec. 210. National Endowment for Democra-
cy.
Sec. 211. Separate accounts for NED grant-
ees.
Sec. 212. NED treatment of independent
labor unions.
Sec. 213. United States Advisory Commis-
sion on Public Diplomacy.
Sec. 214. Distribution within the United
States of USIA film entitled
`America The Way I See It'
Sec. 215. Availability of certain USIA photo-
graphs for distribution within
the United States by the De-
partment of Defense.
Sec. 216. USIA undergraduate scholarship
program.
TITLE III-EDUCATIONAL AND
CULTURAL AFFAIRS
Sec. 301. Authorizations of appropriations.
Sec. 302. Samantha Smith Memorial Ex-
change Program.
Sec. 303. The Arts America Program.
Sec. 304. Professorship on constitutional de-
mocracy.
Sec. 305. United States-India Fund.
Sec. 306. The Edward Zorinsky Memorial Li-
brary.
Sec. 307. Cultural Property Advisory Com-
mittee.
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December 14, 1987 cGRESSIONAL RECORD - HOUSIP H 11299
(b) DIPLOMATIC SECURITY PROGRAM.-In ad-
dition to amounts authorized to be appro-
priated by subsection (a), the following
amounts are authorized to be appropriated
under "Administration of Foreign Affairs"
for the Department of State to carry out the
diplomatic security program:
(1) For "Salaries and Expenses",
$350,000,000 for the fiscal year 1988 and
$357,000,000 for the fiscal year 1989.
(2) For "Protection of Foreign Missions
and Officials", $9,100,000 for the fiscal year
1988 and $9,282,000 for the fiscal year 1989.
(c) DIPLOMATIC SECURITY PROGRAM CAPITAL
CoNsTRucTnoN.-Section 401(a)(3) of the Dip-
lomatic Security Act (22 U.S.C. 4851(a)(3))
is amended by adding at the end thereof
`Authorizations of appropriations under
this paragraph shall remain available until
the appropriations are made.':
SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGA-
NIZATIONS AND CONFERENCES INTER-
NATIONAL PEACEKEEPING ACTIVITIES
(a) INTERNATIONAL ORGANIZATIONS.-There
are authorized to be appropriated to the De-
partment of State under "Contributions to
International Organizations", $571,000,000
for the fiscal year 1988 and $582,420,000 for
the fiscal year 1989 in order to carry out the
authorities, functions, duties, and responsi-
bilities in the conduct of the foreign affairs
of the United States with respect to interna-
tional organizations, of which amount-
(1) $193,188,000 for the fiscal year 1988
and $193,188,000 for the fiscal year 1989
shall be available only for the United States
assessed contribution to the United Nations;
(2) $63,857,000 for the fiscal year 1988 and
$63,857,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the World Health Organiza-
tion;
(3) $31,443,000 for the fiscal year 1988 and
$31,443,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the International Atomic
Energy Agency;
(4) $44,915,000 for the fiscal year 1988 and
$44,915,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the Organization of Ameri-
can States;
(5) $38,659,000 for the fiscal year 1988 and
$38,659,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the Pan-American Health
Organization;
(6) $7,849,000 for the fiscal year 1988 and
$7,849,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the International Civil
Aviation Organization;
(7) $645,000 for the fiscal year 1988 and
$645,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the International Maritime
Organization;
(8) $4,471,000 for the fiscal year 1988 and
$4,471,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the International Telecom-
munication Union;
(9) $25,110,000 for the fiscal year 1988 and
$25,110,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the North Atlantic Treaty
Organization;
(10) $29,385,000 for the fiscal year 1988
and $29,385,000 for the fiscal year 1989 shall
be available only for the United States as-
sessed contribution to the Organization for
Economic Cooperation and Development;
and
(11) $388,000 for the fiscal year 1988 and
$388,000 for the fiscal year 1989 shall be
available only for the United States assessed
contribution to the International Wheat
Council.
(b) INTERNATIONAL PEACEKEEPING ACTIVI-
TIES.-There are authorized to be appropri-
ated to the Department of State under "Con-
tributions to International Peacekeeping
Activities", $29,400,000 for fiscal year 1988
and $29,988,000 for the fiscal year 1989 in
order to carry out the authorities, functions,
duties, and responsibilities in the conduct of
the foreign affairs of the United States with
respect to international peacekeeping ac-
tivities.
(C) INTERNATIONAL CONFERENCES AND CON-
TINGENCIES.-There are authorized to be ap-
propriated to the Department of State under
"International Conferences and Contingen-
cies", $6,000,000 for fiscal year 1988 and
$6,120,000 for the fiscal year 1989 in order to
carry out the authorities, functions, duties,
and responsibilities in the conduct of the
foreign affairs of the United States with re-
spect to international conferences and con-
tingencies, of which amount such funds as
may be necessary shall be available for the
expense of hosting the 1987 General Assem-
bly of the Organization of American States.
SEC. 103. INTERNATIONAL COMMISSIONS
The following amounts are authorized to
be appropriated under "International Com-
missions" for the Department of State to
carry out the authorities, functions, duties,
and responsibilities in the conduct of the
foreign affairs of the United States with re-
spect to international commissions:
(1) For "International Boundary and
Water Commission, United States and
Mexico", $14,700,000 for the fiscal year 1988
and $14,994,000 for the fiscal year 1989.
(2) For "International Boundary Commis-
sion, United States and Canada", $721,000
for the fiscal year 1988 and $735,000 for the
fiscal year 1989.
(3) For "International Joint Commis-
sion", $2,979,000 for the fiscal year 1988 and
$3,039, 000 for the fiscal year 1989.
(4) For "International Fisheries Commis-
sions", $10,800,000 for the fiscal year 1988
and $11,016,000 for the fiscal year 1989.
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) AUTHORIZATION OF APPROPRIATIONS.-
There are authorized to be appropriated to
the Department of State under "Migration
and Refugee Assistance", $336,750,000 for
the fiscal year 1988 and $343,485,000 for the
fiscal year 1989 in order to carry out the au-
thorities, functions, duties, and responsibil-
ities in the conduct of the foreign affairs of
the United States with respect to migration
and refugee assistance.
(b) ALLOCATION OF FUNDS.-Of the amounts
authorized to be appropriated by subsection
(a)-
(1) $25,000,000 for the fiscal year 1988 and
$25,000,000 for the fiscal year 1989 shall be
available only for assistance for refugees re-
settling in Israel; and
(2) $5,000,000 for the fiscal year 1988 and
$5,000,000 for the fiscal year 1989 shall be
available only for the United Nations High
Commissioner for Refugees and other inter-
national relief organizations for the protec-
tion of, and improvements in educational,
nutritional, and medical assistance for, the
Indochinese refugees in Thailand, of which
$1,000,000 for the fiscal year 1988 and
$1,000,000 for the fiscal year 1989 shall be
used only for such educational purposes.
SEC. 105. OTHER PROGRAMS.,
There are authorized to be appropriated to
the Department of State for the following
programs:
(1) "Bilateral Science and Technology
Agreements", $1,900,000 for the fiscal year
1988 and $1,938,000 for the fiscal year 1989.
(2) "Soviet-East European Research and
Training", $4,600,000 for the fiscal year 1988
and $5,000,000 for the fiscal year 1989.
SEC. 106. REDUCTION IN EARMARKS IF APPROPRIA-
TIONS ARE LESS THAN AUTHORIZA-
TIONS
If the amount appropriated for a fiscal
year pursuant to any authorization of ap-
propriations provided by this Act is less
than the authorization amount and a provi-
sion of this Act provides that a specified
amount of the authorization amount shall
be available only for a certain purpose, then
the amount so specified shall be deemed to
be reduced for that fiscal year to the amount
which bears the same ratio to the specified
amount as the amount appropriated bears
to the authorization amount.
SEC. 107. TRANSFER OF FUNDS
(a) TRANSFERS FOR SALARIES AND Ex-
PENsEs.-The Secretary of State may trans-
fer, without regard to section 1502 of title
31, United States Code, to the "Salaries and
Expenses" account of the Department of
State amounts appropriated for any fiscal
year prior to fiscal year 1989 under "Acqui-
sition and Maintenance of Buildings
Abroad" which are allocated for capital pro-
grams. Any transfer under this subsection
shall be treated as a reprogramming for pur-
poses of section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C.
2706).
(b) LIMITATIONS.-
(1) Subsection (a) shall not apply to
amounts appropriated for purposes of the
diplomatic security program under section
401(a) of the Diplomatic Security Act (22
U.S.C. 4851).
(2) The aggregate of-
(A) the amounts transferred under this sec-
t ion for a fiscal year, and
(B) the amounts appropriated for "Sala-
ries and Expenses"for that fiscal year,
may not exceed the amount authorized to be
appropriated for "Salaries and Expenses"
for that fiscal year.
(3) The authority contained in subsection
(a) may be exercised only to such extent or
in such amounts as are provided in advance
in appropriation Acts.
SEC. 108. COMPLIANCE W1TH PRESIDENTIAL-CON.
GRESSIONAL SUMMIT AGREEMENT ON
DEFICIT REDUCTION.
Notwithstanding the specific authoriza-
tions of appropriations contained in this
Act, budget authority may not be provided
pursuant to those authorizations in an
amount which would cause the aggregate
amount of discretionary budget authority
provided for international affairs (budget
function 150) for a fiscal year to exceed the
amount of discretionary budget authority
for international affairs for that fiscal year
as specified in laws implementing the agree-
ment between the President and the joint
Congressional leadership on November 20,
1987.
SEC. 109. PROHIBITION ON USE OF FUNDS FOR POLIT-
ICAL PURPOSES.
No funds authorized to be appropriated by
this Act or by any other Act authorizing
funds for any entity engaged in any activity
concerning the foreign affairs of the United
States shall be used-
(1) for publicity or propaganda purposes
designed to support or defeat legislation
pending before Congress;
(2) to influence in any way the outcome of
a political election in the United States; or
(3) for any publicity or propaganda pur-
poses not authorized by Congress.
SEC. 110. LATIN AMERICAN AND CARIBBEAN DATA
BASES.
(a) AUTHORIZATION.-The Secretary of
State, in consultation with the heads of ap-
propriate departments and agencies of the
United States, shall use not less than
$1,300,000 of the funds authorized to be ap-
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H 1130 CONGRESSIONAL RECORD - HOUSE December 14, 1987
propriated for each of the fiscalf years 1988
and 1989 by section 101(a)(1) of this Act to
provide for the establishment of a Latin
American and Caribbean Data Base.
(b) CoNDfTtolws.-In developing these data
bases the Secretary of State shall be required
to satisfy the following conditions:
(IJ. Any new agreement for an on-line bib-
liographic data base entered into for pur-
poses of this section shall be subject to full
and. open competition or merit review
among qualified United States institutions
with strong Latin American and Caribbean.
programs.
(2) The Secretary shall ensure that funds
are not awarded to maintain services which
are significantly duplicative of existing
services.
PART B-DEPARTMENT OF STATE A.UTHOR1-
77ES`AND ACTIVITIES. FOREIGN MISSIONS
SEC 12L REPROGRAMMING OP FUNDS APPROPRI.
ATED' FOR THE. DEPARTMENT OF
STATE.
Section. 34 of the State Department Basic
Authorities Act of 1956- (22 U.S.C. 2706), is
amended-
(1) by. inserting "(a)" after "Sec. 3t '; and
(2) by adding at the end the following:
"(b) Funds appropriated for the Depart-
ment of State may not be available for obli-
gation or expenditure through any repro-
grammina described in. subsection. (a)
during the period which ia the last 1.5. days.
in. which such funds. are available unless,
notice of such reprogramming is made:
before such period': _
SEC. 1SL CONSULAR. AND DIPLOMATIC POSTS
ABROAD.
(a). PRONIBnED Uses OF FUNDS.-
(1) CLOSING Pries--No funds authorized.
to be appropriated by this or any other Act
shall be available topayany'expense related
to, the closing of any United States consular
or diplomatic post abroad.
($7, FbwrNG- FOR' mmrAt1 OF-ADMTNISTRSTION
ip-possu CL0RPD.-Nrr fonds, authorized' to be
appropriated by this Act' shall' be- used to pay
for any expense related- to the B'ureaa of Ad-
ministratiow of the: Depar'tmentof State (or
to carrying, out any of its, functions) if any
United States consularordtplbmatic post is
closed' after January 1, 19II7, and is not re-
openecb
(II); FUNDS, FOR OpenamNG' CERTAIN' CONSUL-
ATES.-(1k AUAocmlroM-Of the fhndb' authorised'
to be appropriated by section 101(a)(1)' for
Salaries and Bsx'penses';' not' less than
$50;0OD,000 for each. of theflseaf years-' 1980
amt 1989: shall' be- available only to, operate
United Statue consulates in Sairbarg., Sl'ras-
bourg, Gotebom Eyon, Dusseldbrf;' Tangier,
Genoa, Nice; Porfio-Alegre, and Maracaibo:
(2) Excise FumDn-Finds ailveated by
paragraph (1) which are in excess of the
amount needed to operate. the consulates
specified in that paragraph- may be used for
other purposes under 'Administration of
Foreign Affairs" if all the, specified consul-
ates are open andtunctioning:
(c). Excamons-Subsection (a)- does' not
apply with respect to-
(1) any, post closed, after January t;. 1997,
and before the date of enactment of this, Act
if the host government will- not adlbur, tthat
post to be reopened{
(2) any post, closed because of a break or
downgrading; of diplomatic relations be-
tween the United States. and the country, in
which the.post is located;
(3) any post closed- because- there is a real
and present threat to United States. diplo-
matic or consular personnel. in. the city
where the post is located,, and a- travel advir
sory warning against American- travel to
that city, has been issued' by the. Department
of State;
(4) any post closed, in order to provide
funds, to open a new consular or diplomatic
post which will be staffed by the Department:
of State on a, full-time' basis with at least
one Foreign. Service officer or member of the
Senior Foreign Service, if the Secretary of
State, prior to the closing. of the post, pre-
pares and transmits to the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House
of Representatives, a report stating that-
(A) the new post is a higher priority than
the post proposed to be closed; and
(B) the total number of consular and dip-
lomatic posts abroad is not less than the
number of such posts. in. existence on Janu-
ary 1, 1987 (excluding the posts exempted
under paragraphs (1) through (4));. and
(5) the post closed' pursuant to section 123.
(d) SEQUESTRATION.-In the case that a. se-
questration order is issued pursuant to Part
C' of the Balanced Budget and- Emergency
Deficit Control Act: of 1985 (2 U.S.C. 901' et
seq,; Public Law 99-177), the Secretary of
State' may, as part of an agency wide auster-
ity proposal;, submit a' report proposing a
list of consular posts to be downgraded or
closed in. order to comply with the sequeslra-
t2orc order, together with a justification for
the inclusion of each post on such list. Such
report shall be submitted toy the- Committee
on, Foreign Relations and the Committee on
Appropriations of the Senate and, the Com-
mittee on Foreign Affairs` and the Commit-
tee on Appropriations of the House of Repre=
sentativex
(e) DBnN(TroN:-A's used in thissection; the
term: "consular or diplomatic post" does not
include a post to which only personnel of
agencies- other than. (IWDepartment of State
are assigned.
(ft EFFECTIVE DAux-Subsection (a) shall
take effect 180 days after the date of enact:
ment of this Act:.
SEC IL8 CLOSING OF DIPLON*2V.C AND' CONSUL'A'R
POST4-IN ANTIGUA. AND, BARBUDA:
(a) PROHIBITION ON Use-' or FUNDS:-None of
the funds made available for the- Depart-
ment, of State for any fiscal year may be
used for the expenses of maintaining a.
United'States diplomatic or consular post in
Antigua and Barbuda..
(U) ESrecTIvE DATE.-The prohibition con-
tamed in subsection (a) shall take. effect 60
days after the date of enactment of this Act
unless the P),esident determine& that closing
this, post would notbe in the national secu-
rity interests of the United States and in-
forms the Chairman of- the Committee on
Foreign Relations of the' Senate and. the
Chairman of the Committee on Foreign Af-
fairs of the House of Representatives of such
determination:
SEC. 124. REPORT ON' EXPENDITURES MADE. PROM
APPROPRIATION FOR: EMERGENCIES IN
THE DIPLOMATTC AND CONSULAR
SERVICE:
The Secretary of State shall provide to the
Committee'' on Foreign Relations and the
Committee on Aioprvprtations- of the Senate
and the Committee on, Foreign' Affairs and
the Committee- On A'ppropriations of the
House of Representatives within' 30' days
after the end' of each quarter of the- fiscal
year a complete report, including amount,
payee, and' purpose, of all expenditures
made from the appropriation for- "Emergen-
cies in the Diplomatic and Consular Serv-
ice":for that quarter:.
SEC 12i REQUIRHMENT APPLICABEE TO' GIFT'S
USED FOR REPRESENTATIONAL PUR-
POSES,
The last sentences of sectiom 25(bi. of the
State Department Basic Authorritiess Act of
1956 (22. U-S,.C. 2687db)tt is amended'. by inr
serting, before- the period the following.. '4,, but
shall not be expended' for representational
purposes at United States missions except in
accordance with the conditions that apply
to appropriated funds"..
SEC. 126: PROTECTION OF HISTORIC AND ARTISTIC
FURNISHINGS OF RECEPTION AREAS
OF THE DEPARTMENT OF STATE
BUILDING.
(a) PROTECTION AND DISPOSITION.-Title I of
the State Department Basic Authorities Act
of 1956, is amended-
(1) by redesignating section 41 as section
42; and
(2) by inserting after section 40. the follow-
ing new section:
"SEC 41: PROTECTION OF HISTORIC AND ARTISTIC
FURNISHINGS- OP REC'EPT80N AREAS
OF THE DEPARTMENT OF STATE
BUILDING.
"(a) IN GENERAL.-7The- Secretary of State
shalt administer the historic and artistic ar-
ticles of furniture, fixtures; and decorative
objects, of the reception areas of the Depart-
ment of State by such- means and measures
as conform' to the purposes of the, reception
areas, which include conserving those arti-
cles; fixtures; and objects and providing for
their enjoyment in such manner and by such
means as will leave theme for the use of the
American People- Nothing shalt be done
under this subsection which conflicts, with
the administration of the Department of
State. or withe the use, of the reception: areas.
fur' official purposes, of the United States
Government.
"(b)- DISPosprlop OF His'RIC AND ARTISTIC
ITEMS. -.
"(1)' ITems-covEReD.-Articles of furniture?
ffmtures; and decorative objects oftie recep-
tion areas (and similar' articles; fixtures,
and objects acquired' by the Secretary of
State), when declared by the Secretary- of
State to be. of historic or artistic' interest,
shall' thereafter lee considered' to be' the, prop-
erty of the Secretary in his orher official ca-
pacity and shail be subject to disposition
solely in accordance with this subsection.
"(2)' SALE: OR TRADE--Whenever the Secre-
tary of St ate determines that-
"(A) any item covered bay paragraph (1) is
no longer needed for use or display in the re-
cepticn.areas, or
"(B) in: order to upgrade the reception
areas; a better use aft that article would be
its sale'or? exchange,,
the Secretary may, with the advice an) d.
of-the DirectoraTthe National, Gal-
lery of Art; sell the item at fair market value
or trade it, without regard- to the require-
ments of'the Federal Property, and?Adminis-
trative Services Act of-1949i The'proceeds of
any- such sale may be credited to the uncon-,
ditional gift' account of the Department of
State, and, items obtained' in trade shall' be
the, property, of the,Secretary of State under
this subsection.
"(3) SMITHSONIAN INSTITUTION.-The Secrer
tary of State may also lend items covered by
paragraph (1), when not needed for use or
display in the reception areas,. to the Smith-
sonian Institution or a. similar institution
for care, repair, study? storage, or exhibition.
"(c) DEFINITsoM For purposes of this sec-
tion,. the term 'reception areas' means the
areas of the Department of State Building,
located at. 22111. C Street, Northwest, Wash-
ington, District of Columbia,, known as. the
Diplomatic Reception Rooms (eighth' floor);
the: Secretary of State's offices (seventh
floor), the Deputy Secretary of States offices'
(seventh floor), and the seventh floor recep-
tion area
(b) ADTHORA'Y To- INSURE. CERTAIN HISToRIc
AND Ateriswc PURNISHINGs -section 31 of that
Act (22: U.S, C. 26-70J: is, amended-
(1) by striking out "and" at the end? of
paragraph (i);
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December 14, 1987 CGRESSIONAL RECORD - HOUSP H 11301
(2) by striking out the period at the end of
paragraph (j) and inserting in lieu thereof
and'; and
(3) by adding at the end the following:
"(k) subject to the availability of appropri-
ated funds, obtain insurance on they historic
and artistic articles of furniture, fixtures,
and decorative objects which may from
time-to-time be within the responsibility of
the Fine Arts Committee of the Department
of State for the Diplomatic Rooms of the De-
partment. ".
SEC I27. INCLUSION OF COERCIVE POPULATION CON-
TROL INFORMATION IN ANNUAL
HUMAN RIGMTS REPORT.
The Foreign Assistance Act of 1961 is
amended-
(1) in section 116(d) (22 U.S.C. 215lnld))-
(A) by striking out "and" at the end of
paragraph (1);
(B) by redesignating paragraph (2) as
paragraph (3); and
(C) by inserting after paragraph (1) the
following new paragraph,-
"(2) wherever applicable, practices regard-
ing coercion in population control includ-
ing coerced abortion and involuntary steri-
lization; and", and
(2) in section 502B(b) (22 U.S.C. 2304(b)),
by inserting after the first sentence "Wher-
ever applicable? such report shall include in-
formation on practices regarding coercion
in population control, including coerced
abortion and involuntary sterilization.":
SEC. 12& LIMITATION ON THE USE OF A FOREIGN
MINSIYJN IN A MANNER INCOMPATIBLE
WITH ITS STA MS AS A PDREIGN MIS-
SION.
(a) AMENDMENrTo FORrJUW MISSIONS Acr.-
The State Department Basic Authorities Act
of 1956 is amended by adding at the end of
title If (28 U.S.C 4301 et seq.; commonly re-
ferred to as the "Foreign Missions Act") the
foll-g.
"SEC. 215. USE OF FOREIGN MISSION IN A MANNER
INCOMPATIBLE WITH ITS STATUS AS A
rt REIGN M&9SION.
"(a) isrtaLmorgrT or LrMITA7FOSI ON' CxR-
TA1N Usss.-A foreign mission may not allow
an unaffiliated: alien the use of any premise
of that foreign mission which is inviolable
under United States law (including any
treaty) for any purpose which is incompati-
ble with its status as a foreign mission, in-
cluding use as a residence.
"rb) TEMPORARY LODGING-For the pur-
poses of this section, the term 'residence'
does not include such temporary lodging as
may be permitted under regulations issued
by the Secretary.
"(c) WAIVSR.-The Secretary may waive
subsection (a) with respect to all foreign
missions of a country (and. may revoke such
a waiver) 30 days after providing written
notification of such a waiver, together with
the reasons for such waiver for revocation of
such a waiver),. to the Committee on Foreign
Affairs of the House of Representatives and
the Committee on Foreign Relations of the
Senate.
"(d) REPORT.-Not later than 180 days
after the date of the enactment of this Act,
the Secretary of State shall submit a report
to the Congress concerning the implementa-
tion of this section and shall submit such
other reports to the Congress concerning
changes in implementation as may be neees-
sarg;
"(e) DEFINrr1oNs.-For the purposes of this
section-
"(1) the term ')foreign mission' includes
any international organization as defined
in section 209(b); and
"(2) the term 'unaffiliated alien' means,
with respect to a foreign country, an alien
who-
"(A) is admitted to the United States as a
nonimmigrant, and
"(B) is not a member, or a family member
of a member, of a foreign mission of that
foreign country.":
(b) EFFECT VE DATE.-(1) Except as provid-
ed in paragraph (2), the amendment made
by subsection (a) shall apply to any foreign
mission beginning on the date of enactment
of this Act.
(2i(A) The amendment made by subsection
(a) shall apply beginning 6 months after the
date of enactment of this Act with respect to
any nonimmigrant alien- who is using a for-
eign mission as a residence or a place of
business on the date of enactment of this
Act.
(B) The Secretary of State may delay the
effective date provided for in subparagraph
(A) for not more than 6 months with respect
to any nonimmigrant alien if the Secretary
finds that a hardship to that alien would
result from the implementation of subsec-
tion (a).
SEC. 121 ALLOCATJON OF SNARED COSTS AT MIS-
SIONS ABROAD.
In order to provide for full reimbursement
of shared administrative costs at United
States missions abroad. the Secretary of
State shall review, and revise if necessary,
the allocation procedures under which agen-
cies reimburse the Department of State for
shared administrative costs at United States
missions abroad. Within 3 months after the
date of enactment of this- Act. the Secretary
of State shall submit a report to the Com-
mittee on Foreign Affairs of the House of
Representatives and the Committee on For-
eign Relations at the Senate on such review
and any revision.
SEC. 1Ja PRORIRMON ON TAE SSE OF NNW FOR
FACILITIES IN ISRAEL, JEMSALE*. OR
THE WEST BANK.
None of the funds authorized to be appro-
priated by this title mug be obligated or ex-
pended for site acquisition, development or
construction of any new facility in Israel,
Jerusalem, or the West Bank.
SEC 13& rVRCHASIAG AND LEASRVG' OF REST.
BENCES
It is the sense of the Congress that in its
fiscal year 1989 budget presentations, to the
Committee on Foreign Relations of the
Senate and the Committee on Foreign Af-
fairs of the House of Representatives, the
Department of State shall provide suff'ic'ient
information on the advantages and disad-
vantages of purchasing rather than leasing
residential properties to enable the Congress
to determine the specific amount of savings
that would or would not be achieved by pur-
chasing such properties. The Department
also shall make recommendations to the
Congress on the purchasing and leasing of
such properties.
SEC. 131 PROIDBITION ON ACQUISITION OF ROUSE
POR SECRETARY OF STATB.
The Department of State shall not solicit
or receive funds for the construction, pur-
chase, lease or rental of nor any gift or be-
quest of real property or any other property
for the purpose of providing living quarters
for the Secretary of State.
SEC. 133. UNITED STATES DEPARTMENT OF STATE
FREEDOM OF EXPRESSION.
(a) FINDING.-Congress finds that the
United States Department of State, on. Sep-
tember 15, 1987, declared itself to be a tem-
porary foreign diplomatic- mission for the
purpose of denying free speech to American
citizens who planned to protest the tyranny
of the Soviet regime.
(b) PROHrarrloN.-11 is not in the national
security interest of the United States for the
Department of State to declare, and it shall
not declare, itself to- be- a foreign diplomatic
mission.
SEC. 134. REPEAL OF OFFICE OF POLICY AND PRO-
GRAM REVIEW.
(a) REPEAL,-Subsection (b) of section 413
of the Diplomatic Security Act (22 U.S.C.
4861(b)) is repealed
(b) CoNroftxmo AMENrnvsw'rs.-Section
413(a) of such Act (22 U.S.C. 4861(a)) is
amended-
(1) by striking out "(a)" and all that fol-
lows through "STAre.-"; and
(2) by redesigna'ttng paragraphs (1)
through (5) as subsections (a) through (e),
respectively.
SEC. 13S. STUDIES AND PLANNING FOR A CONSOLI-
DATED TRAINING FACILITY FOR THE
FOREIGN SERVK'E INSTITUTE.
Section 123Ic/fl) of the Foreign Relations
Authorization Act; Fiscal Years 1986 and
1987, is amended-
(1) by inserting "(A)" immediately after
"S1';and
(2) by adding at the end thereof the follow-
ingnew subparagraph:
"(H) Of the amounts authorized to be ap-
propriated to the Department of State for
,fiscal. years beginning after September 30,
1987, the Secretary of State may transfer a
total not to exceed $11,000,000 for Adminis-
tration of Foreign Affairs' to the Adminis-
trator of General Services for carrying out
feasibility studies,. site preparation; and
design, architectural, and engineering plan-
ning under subsection (b).'
SEC Ili. RESTRICTJON ON SUPERVISION OF GOVERN.
MENT EMPLOYEES BY CHIEFS OF MIS-
SION.
Section 267 of the Foreign Service Act of
1980 (22 U.S.C. 3.927) is amended-
(1) in subsection (rill); by inserting "exec-
utive branch" 46fter "Government";
(2) in subsection (a)(2), by inserting "exec-
utive branch" after "Government" the
second place it appears; and
(3) in subsection (b), by inserting "execu-
tive branch" after 'Any':
SEC 147 STUSY AND REPORT CONVERNING TAS
STATUS OF hVDfVIDUAL9 W17a1 DNLO-
MATIC LVA UNITY IN TIE UNITYiD
STATES.
(a) SxuDz-The Secretary skull undertake
a study of the minimum liability insurance
coverage required for members of foreign
missions' and their famsil and the feasibil-
ity of requiring an increase in such mini-
mum coverage. in conducting such study,
the Secretary shall consult with members of
the insurance industsn officials of State in-
surance regulatory bodies; and other experts,
as appropriate. The study shard consider the
following:
(1) The adequacy of the currently required
insurance minimums, including the experi-
ences of injured parties.
(2) Thefeasibility and projected cost of in-
creasing the current. minimum coverages to
$1,000,300 or Some lesser amount in the com-
mercial insurance market, including consid-
eration of individual umbrella policies to
provide additional coverage above the cur-
rent minimum.
(3) The feasibility and cost of requiring
additional coverage up to $1,900,000
through a single group, insurance arrange-
ment, administered by the Department, pro-
viding umbrella coverage for the entire class
of foreign officials who are immune from
the Jurisdiction of the United States.
(41 The consequences to United States mis-
sions abroad, including their costs of oper-
ation, that might reasonably be anticipated
as a result of requiring an increase in the
insurance costs of foreign missions in the
United States.
(5) Any other issues and recommendations
the Secretary may consider appropriate.
(b) REPORT.-The Secretary shall compile a
report to the Congress concerning the prob-
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H 11302 CONGRESSIONAL RECORD - HOUSE December 14, 1987
lem arising from diplomatic immunity from
criminal prosecution and from civil suit.
The report shall set forth the background of
the various issues arising from the problem,
the extent of the problem, an analysis of pro-
posed and other potential measures to ad-
dress the problem (including an analysis of
the costs associated with and difficulties of
implementing the various proposals), con-
sider the potential and likely impact upon
United States diplomatic personnel of ac-
tions in other nations that are comparable
to such proposals, and make recommenda-
tions for addressing the problem with re-
spect to the following:
(1) The collection of debts owed by foreign
missions and members of such missions and
their families to individuals and entities in
the United States.
(2) A detailed catalog of incidents of seri-
ous criminal offenses by persons entitled to
immunity under the Vienna Convention on
Diplomatic Relations and other treaties to
assist in developing an understanding of the
extent of the problem.
(3) The feasibility of having the Depart-
ment of State develop and periodically
submit to the Congress a report concern-
ing-
(A) serious criminal offenses committed in
the United States by individuals entitled to
immunity from the criminal jurisdiction of
the United States; and
(B) delinquency in the payment of debts
owed by foreign missions and members of
such missions and their families to individ-
uals and entities in the United States.
(4) Methods for improving the education
of law enforcement officials on the extent of
immunity provided to members of foreign
missions and their families under the
Vienna Convention on Diplomatic Rela-
tions and other treaties.
(5) Proposals to assure that law enforce-
ment officials fully investigate, charge, and
institute and maintain prosecution of mem-
bers of foreign missions and their families
to the extent consistent with the obligations
of the United States under the Vienna Con-
vention on Diplomatic Relations and other
treaties.
(6) The extent to which existing practices
regarding the circumstances under which
diplomatic visas under section 101(a)(15)(A)
of the Immigration and Nationality Act are
issued and revoked are adequate to ensure
the integrity of the diplomatic visa category.
(7) The extent to which current registra-
tion and documentation requirements fully
and accurately identify individuals entitled
to diplomatic immunity.
(8) The extent to which the Department of
State is able to identify diplomats allegedly
involved in serious crimes in the United
States so as to initiate their removal from
the United States and the extent to which
existing law may be inadequate to prevent
the subsequent readmission of such individ-
uals under nonimmigrant and immigrant
categories unrelated to section 101(a)(15)(A)
of the Immigration and Nationality Act.
(9) A comparison of the procedures for the
issuance of visas to diplomats from foreign
nations to the United States and interna-
tional organizations with the procedures ac-
corded to United States diplomats to such
nations and to international organizations
in such nations, and recommendations to
achieve reciprocity in such procedures.
(10)(A) A review of the definition of the
term 'family" under the Diplomatic Rela-
tions Act.
(B) An evaluation of the effect of amend-
ments to the term 'family" on the number of
persons entitled to diplomatic immunity in
the United States.
(C) An evaluation of the potential effect of
various amendments to the term '.family"
under the Diplomatic Relations Act on the
number of serious criminal offenses commit-
ted in the United States by members of for-
eign missions and their families entitled to
immunity from the criminal jurisdiction of
the United States.
(11) An examination of all possible meas-
ures to prevent the use of diplomatic pouch-
es for the illicit transportation of narcotics,
explosives, or weapons.
(12) An examination of the considerations
in establishing a fund for compensating the
victims of crimes committed by persons en-
titled to immunity from criminal prosecu-
tion under the Vienna Convention on Diplo-
matic Relations and other treaties, includ-
ing the feasibility of establishing an insur-
ance fund financed by foreign missions.
(c) CoNGREss.-Not more than 90 days
after the date of enactment of this Act, the
findings and recommendations of the study
under subsection (a) and the report under
subsection (b) shall be submitted to the Com-
mittee on the Judiciary and the Committee
on Foreign Relations of the Senate and the
Committee on the Judiciary and the Com-
mittee on Foreign Affairs of the House of
Representatives.
SEC. 1S& FEDERAL JURISDICTION OF DIRECT AG
TIONS AGAINST INSURERS OF DIPLO-
MATIC AGENTS
(a) PERIoD of LIABILITY.-Section 1364 of
title 28, United States Code, is amended by
inserting after "who is" the following: '; or
was at the time of the tortious act or omis-
sion,':
(b) APPLICATION-The amendment made by
subsection (a) shall apply to the first tor-
tious act or omission occurring after the
date of enactment of this Act.
SEC. IJA ENFORCEMENT OF CASE-ZABLOCKI ACT
REQUIREMENTS
(a) RESTRICTION ON USE OF FUNDS.-If any
international agreement, whose text is re-
quired to be transmitted to the Congress
pursuant to the first sentence of subsection
(a) of section 112b of title 1, United States
Code (commonly referred to as the "Case-
Zablocki Act"), is not so transmitted within
the 60-day period specified in that sentence,
then no funds authorized to be appropriated
by this or any other Act shall be available
after the end of that 60-day period to imple-
ment that agreement until the text of that
agreement has been so transmitted.
(b) EFFECTIVE DATE.-Subsection (a) shall
take effect 60 days after the date of enact-
ment of this Act and shall apply during
fiscal years 1988 and 1989,
SEC. I4R ANNUAL COUNTRY REPORTS ON TERROR-
ISM.
(a) REQUIREMENT OF ANNUAL COUNTRY RE-
PORTS ON TERRORISM.-The Secretary of State
shall transmit to the Speaker of the House of
Representatives and the Committee on For-
eign Relations of the Senate, by March 31 of
each year, a full and complete report provid-
ing-
(1) detailed assessments with respect to
each foreign country-
(A) in which acts of international terror-
ism occurred which were, in the opinion of
the Secretary, of major significance;
(B) about which the Congress was notified
during the preceding five years pursuant to
section 6(j) of the Export Administration
Act of 1979; and
(C) which the Secretary determines should
be the subject of such report; and
(2) all relevant information about the ac-
tivities during the preceding year of any ter-
rorist group, and any umbrella group under
which such terrorist group falls, known to be
responsible for the kidnapping or death of
an American citizen during the preceding
five years, any terrorist group known to be
financed by countries about which Congress
was notified during the preceding year pur-
suant to section 6(j) of the Export Adminis-
tration Act of 1979, and any other known
international terrorist group which the Sec-
retary determines should be the subject of
such report.
(b) PROVISIONS To BE INCLUDED IN
REPORT.-The report required under subsec-
tion (a) should to the extent feasible include
(but not be limited to)-
(1) with respect to subsection (a)(1)-
(A) a review of major counterterrorism ef-
forts undertaken by countries which are the
subject of such report, including, as appro-
priate, steps taken in international fora;
(B) the response of the judicial system of
each country which is the subject of such
report with respect to matters relating to
terrorism affecting American citizens or fa-
cilities, or which have, in the opinion of the
Secretary, a significant impact on United
States counterterrorism efforts, including re-
sponses to extradition requests; and
(C) significant support, if any, for inter-
national terrorism by each country which is
the subject of such report, including (but not
limited to)-
(i) political and financial support;
(ii) diplomatic support through diplomat-
ic recognition and use of the diplomatic
pouch;
(iii) providing sanctuary to terrorists or
terrorist groups; and
(iv) the positions (including voting
records) on matters relating to terrorism in
the General Assembly of the United Nations
and other international bodies and fora of
each country which is the subject of such
report; and
(2) with respect to subsection (a)(2), any-
(A) significant financial support provided
by foreign governments to those groups di-
rectly, or provided in support of their activi-
ties;
(B) provisions of significant military or
paramilitary training or transfer of weap-
ons by foreign governments to those groups;
(C) provision of diplomatic recognition or
privileges by foreign governments to those
groups; and
(D) provision by foreign governments of
sanctuary from prosecution to these groups
or their members responsible for the com-
mission, attempt, or planning of an act of
international terrorism.
(c) CLASSIFICATION OF REPORT.-The report
required under subsection (a) shall, to the
extent practicable, be submitted in an un-
classified form and may be accompanied by
a classified appendix.
(d) DEFINITIONS.-As used in this section-
(1) the term "international terrorism"
means terrorism involving citizens or the
territory of more than 1 country;
(2) the term "terrorism" means premedi-
tated, politically motivated violence perpe-
trated against noncombatant targets by sub-
national groups or clandestine agents; and
(3) the term "terrorist group" means any
group practicing, or which has significant
subgroups which practice, international ter-
rorism.
(e) REPORTING PERIOD.-
(1) The report required under subsection
(a) shall cover the events of the calendar
year preceding the year in which the report
is submitted.
(2) The report required by subsection (a)
to be submitted by March 31, 1988, may be
submitted no later than August 31, 1988.
SEC. 141. RESTRICTION ON USE OF FUNDS FOR
PUBLIC DIPLOMACY EFFORTS
(a) IN GENERAL.-Except as provided in
subsection (b), none of the funds authorized
to be appropriated by this Act for the De-
partment of State may be used by the De-
partment of State to make any contract or
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purchase order agreement, on or after the
date of enactment of this Act, with any indi-
vidual. group, organization, partnership,
corporation, or other entity for the purpose
Of-
(1) providing advice or assistance for any
program for foreign representatives of any
civic, labor, business, or humanitarian
group during any visit to Washington, Dis-
trict of Columbia, or any other location
within the United States;
(2) providing contact with any refugee
group or exile in Washington, District of Co-
lumbia, or elsewhere in the United States,
including the arranging of any media event,
interview, or public appearance;
(3) translating articles on regions of the
world and making them available for distri-
bution to United States news organizations
or public interest groups;
(4) providing points of contact for public
interest groups seeking to interview exiles,
refugees, or other visitors;
(5) coordinating or accompanying media
visits to any region of the world;
(6) providing source material relating to
regional conflicts for public diplomacy ef-
forts;
(7) providing or presenting, in writing or
orally, factual material on security consid-
erations, refugee problems, or political dy-
namics of any region of the world for use on
public diplomacy efforts;
(8) editing briefs or other materials for use
on public diplomacy efforts;
(9) conducting special studies or projects
for use on public diplomacy efforts;
(10) designing or organizing a distribu-
tion system for materials for use on public
diplomacy efforts; or
(11) directing the operation of this distri-
bution system, including-
(A) development of specialized, segmented
addressee lists of persons or organizations
which have solicited materials or informa-
tion on any region of the world;
(B) computerization, coding, mainte-
nance, or updating of lists;
(C) retrieval, storage, mailing, or shipping
of individual or bulk packets of publica-
tions;
(D) maintenance or control of inventory
or reserve stocks of materials,
(E) distribution of materials;
(F) coordinating publication production;
or
(G) conducting systematic evaluations of
the system.
(b) EXCEPTIONS.-
(1) Subsection (a) does not apply to any
contract or purchase order agreement made,
after competitive bidding, by or for the
Bureau of Public Affairs of the Department
of State.
(2) During fiscal years 1988 and 1989, a
contract related to advocacy and policy po-
sitions may be entered into by or on behalf
of the Department of State if the Committee
on Foreign Affairs of the House of Repre-
sentatives and the Committee on Foreign
Relations of the Senate are notified not less
than 15 days in advance of the proposed
contract.
(C) LIMITATION ON USE OF FUNDS.-Of the
funds authorized to be appropriated by this
or any other Act, not more than $389,000
may be used in any fiscal year to finance the
activities set forth in subsection (a).
SEC 112..4UTRORITY TO INVEST AND RECOVER EX-
PENSES FROM I.NTERN.4TIONAL CLAIMS
SETTLEMENT FUNDS.
(a) INVESTMENT AUTHORITY.-Section 8 of
the International Claims Settlement Act of
1949 (22 U.S.C. 1621 et seq.) is amended by
adding at the end thereof the following new
subsection:
"(g) The Secretary of the Treasury is au-
thorized and directed to invest the amounts
held respectively in the `special funds' estab-
lished by this section in public debt securi-
ties with maturities suitable for the needs of
the separate accounts and bearing interest
at rates determined by the Secretary, taking
into consideration the average market yield
on outstanding marketable obligations of
the United States of comparable maturities.
The interest earned on the amounts in each
special fund shall be used to make pay-
ments, in accordance with subsection (c), on
awards payable from that special fund. ".
(b) AuiwoRrrr To ACCEPT RErMBURSE-
MENTS.-The Department of State Appropria-
tion Act of 1937 (49 Stat 1321; 22 U.S.C.
2661) is amended under the heading entitled
"INTERNATIONAL FISHERIES COMMISSION" by in-
serting after the fourth undesignated para-
graph the following new paragraph:
"The Secretary of State is authorized to
accept reimbursement from corporations,
firms, and individuals for the expenses of
travel, translation, printing, special experts,
and other extraordinary expenses incurred
in pursuing a claim on their behalf against
a foreign government or other foreign entity.
Such reimbursements shall be credited to the
appropriation account against which the ex-
pense was initially charged":
PART C-DIPLOMATIC RECIPROCITY AND
SECURITY
SEC. I5I. UNITED STATES-SOVIET EMBASSY AGREE.
MENT, PROHIBITION ON USE OF MT.
ALTO SITE
(a) FmDMos.-The Congress finds that-
(1) the Government of the Union of Soviet
Socialist Republics has intentionally and
substantially violated international agree-
ments with the United States concerning the
establishment and operation of the new
United States Embassy complex in Moscow
by significantly delaying progress and by
constructing the premises of that Embassy
so as to compromise the security of United
States operations, thus rendering the prem-
ises unuseabie for the primary purpose in-
tended under those agreements;
(2) the Soviet Government's actions con-
stitute a material violation of international
law and a substantial default in perform-
ance under the contract for construction of
the new United States Embassy complex,
and the United States is entitled to claim
appropriate compensation;
(3) due to actions of the Government of
the Union of Soviet Socialist Republics,
United States Government personnel cannot
pursue their official duties in confidence, as
the national security and diplomatic rela-
tions of the United States requires, within
the new United States Embassy being con-
structed in Moscow;
(4) the Government of the Union of Soviet
Socialist Republics has similarly taken steps
to impair the full and proper use of the
present United States Embassy in Moscow,
to the detriment of the national security of
the United States and its ability to conduct
diplomatic relations;
(5) as a result of the substantial violations
by the Soviet Union of these international
agreements with the United States and other
Soviet violations of international law, the
United States is entitled to terminate, in
whole or in part, those agreements;
(6) termination of such agreements may
include withdrawal of rights and privileges
otherwise granted to the Soviet Union con-
cerning the establishment of a new Soviet
Embassy complex in Washington, District of
Columbia;
(7) the location of the new Soviet Embassy
on Mount Alto creates serious concerns with
respect to electronic surveillance and poten-
tial damage to the national security of the
United States; and
(8) to protect the national security of the
United States, therefore, the United States
should exercise its right to tt rminate the
Embassy agreements in view of the substan-
tial and intentional Soviet breaches thereof,
unless the threat to the national security
posed by adherence to those agreements can
be overcome.
(b) WITHDRAWAL FROM EMBASSY AGREE-
MENT.-The United States shall withdraw
from the Agreement between the Govern-
ment of the United States and the Govern-
ment of the Union of Soviet Socialist Repub-
lics on the Reciprocal Allocation for Use
Free of Charge of Plots of Land in Moscow
and Washington (signed at Moscow, May 16,
1969) and related agreements, notes, and un-
derstandings unless the President makes the
determinations and waiver under subsec-
tion (c).
(C) WAIVER.-
(1) PRESIDENTIAL DETERMINATIONS RE-
QuIRED.-The President may waive subsec-
tion (b) if he determines that-
(A) it is vital to the national security of
the United States that the United States not
withdraw from the agreement (and related
agreements, notes, and understandings) re-
ferred to in subsection (b);
(B) steps have been or will be taken that
will ensure that the new chancery building
to be occupied by the United States Embassy
in Moscow can be safety and securely used
for its intended purposes; and
(C) steps have been or will be taken to
eliminate, no later than 2 years after the
date of enactment of this Act, the damage to
the national security of the United States
due to electronic surveillance from Soviet
facilities on Mount Alto.
(2) WHEN DETERMINATIONS MAY BE MADE.-
The President may not make the determina-
tion and waiver permitted by paragraph (1)
before the end of the 6-month period begin-
ning on the date of enactment of this Act
(3) REPORT To CONGRESS.-The waiver per-
mitted by paragraph (1) shall not be effec-
tive until 30 days after the determinations
and waiver are reported to the Congress.
Any such report shall include-
(A) a detailed justification for each of the
determinations;
(B) an assessment of the impact on na-
tional security. of the removal of the Soviet
Embassy from Mt. Alto; and
(C) specify the steps that have been or will
be taken to achieve the requirements of
paragraphs (1) (B) and (C).
(4) NONDELEGATABILITY.-The President
may not delegate the responsibility for
making the determination and waiver per-
mitted by paragraph (1).
(d) NOTIFICATION OF UNAVAILABILITY OF
MOUNT ALTO.-If the President does not
waive subsection (b), the Secretary of State
shall notify the Government of the Union of
Soviet Socialist Republics that the Mount
Alto site will cease to be available to that
Government for any purpose as of the date
which is 1 year and 10 days after the earliest
date on which the President could make the
waiver under subsection (c).
(e) PROHIBITION ON FUTURE USE OF MOUNT
ALTO SITE By FOREIGN MISSIONS.-If subsec-
tion (b) takes effect, the Mount Alto site may
not be made available for use thereafter by a
foreign mission for any purpose.
SEC 152. RECOVERY OF DAMAGES INCURRED AS A
RESULT OF SOVIET INTELLIGENCE AC-
TIVITIES DIRECTED AT THE NEW
UNITED STATES EMBASSY IN MOSCOW.
It is the sense of the Congress that the ar-
bitration process between the United States
and the Union of Soviet Socialist Republics,
which is currently under way with respect to
damages arising from delays in the con-
struction of the new United States Embassy
in Moscow, should include Soviet reimburse-
ment of the full costs incurred by the United
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11 11304 -CONGRESSIONAL RECORD - HOUSE December 14, 1987
States as a result of the intelligence activi-
ties of the Soviet Union directed at the new
United States Embassy in Moscow.
SEC. 151 UNITED STATES-SOVIET RECIPROCITY IN
MATTERS RELATING TO EMBASSIES
(a) REQUIREMENT FOR RECIPROCITY IN CER-
TAIN MATTERS.-The Secretary of State shall
exercise the authority granted in title II of
the State Department Basic Authorities Act
of 1956 (relating to foreign missions) to
obtain the full cooperation of the Soviet
Government in achieving the following ob-
jectives by October 1, 1989:
(1) FINANCE.-United States diplomatic
and consular posts in the Soviet Union not
pay more than fair value for goods or serv-
ices as a result of the Soviet Government's
control over Soviet currency valuation and
over the pricing of goods and services.
(2) ACCESS TO GOODS AND SERVICES.-United
States diplomatic and consular posts in the
Soviet Union have full access to goods and
services, including utilities.
(3) REAL PROPERTY.-The real property
used for office purposes, the real property
used for residential purposes, and the real
property used for all other purposes by
United States diplomatic and consular posts
in the Soviet Union is comparable in terms
of quantity and quality to the real property
used for each of those purposes by diplomat-
ic and consular posts of the Soviet mission
to the United States.
(b) SOVIET CONSULATES IN THE UNITED
STATES.-The Secretary of State shall not
allow the Soviet mission to the United
States to occupy any new consulate in the
United States until the United States mis-
sion in Kiev is able to occupy secure perma-
nent facilities.
(c) SECRETARY OF THE TREASUR7.-T7te
Secretary of the Treasury shall provide to
the Secretary of State such assistance with
respect to the implementation of paragraph
(1) of subsection (a) as the Secretary of State
may request.
(d) REPORTS To CONGRESS.-Not later than
6q days after the date of enactment of this
Act and annually thereafter, the Secretary of
State shall submit to the Congress a report
setting forth the actions taken and planned
to be taken in carrying out subsection (a).
(e) DEFINITION OF BENEFIT.-Paragraph (1)
of section 202(a) of the title II of the State
Department Basic Authorities Act of 1956
(22 U.S.C. 4302(a)(1); commonly referred to
as the Foreign Missions Act) is amended-
(1) by striking out "and" at the end of sub-
paragraph (E);
(2) in subparagraph (F), by inserting
"and" after 'services,';' and
(3) by inserting after subparagraph (F) the
following new subparagraph:
-(G) financial and currency exchange
services,':
SEC. 154. REPORT ON PERSONNEL OF SOVIET STATE
TRADING ENTERPRISES
Not later than 60 days after the date of en-
actment of this Act, the Secretary of State
shall submit to the Congress a report dis-
cussing whether the number of personnel of
Soviet state trading enterprises in the
United States should be reduced.
SEC. 155. PERSONNEL SECURITY PROGRAM FOR EM-
BASSIES IN HIGH INTELLIGENCE
THREAT COUNTRIES
(a) SPECIAL SECURrrr PROGRAM.-The Secre-
tary of State shall develop and implement,
within three months after the date of enact-
ment of this Act, a special personnel security
program for personnel of the Department of
State assigned to United States diplomatic
and consular posts in high intelligence
threat countries who are responsible for se-
curity at those posts and for any individ-
uals performing guard functions at those
posts. Such program shall include-
(1) selection criteria and screening to
ensure suitability for assignment to high in-
telligence threat countries;
(2) counterintelligence awareness and re-
lated training;
(3) security reporting and command ar-
rangements designed to counter intelligence
threats; and
(4) length of duty criteria and policies re-
garding rest and recuperative absences.
(b) REPORT TO CONGRESS.-Not later than 6
months after the date of enactment of this
subsection, the Secretary of State shall
report to the Congress on the special person-
nel security program required by subsection
(a).
(c) DEFINITION.-As used in subsection (a),
the term "high intelligence threat country"
means-
(1) a country listed as a Communist coun-
try in section 620(f) of the Foreign Assist-
ance Act of 1961; and
(2) any other country designated as a high
intelligence threat country for purposes of
this section by the Secretary of State, the
Secretary of Defense, the Director of Central
Intelligence, or the Director of the Federal
Bureau of Investigation.
SEC. 156. ACCOUNTABILITY REVIEW BOARDS
(a) ESTABLISHMENT OF A BOARD.-Section
301 of the Diplomatic Security Act (22
U.S.C. 4831) is amended-
(1) by inserting `, and in any case of a se-
rious breach of security involving intelli-
gence activities of a foreign government di-
rected at a United States Government mis-
sion abroad, " after "mission abroad" and
(2) by inserting after the first sentence
thereof the following new sentence: "With re-
spect to breaches of security involving intel-
ligence activities, the Secretary of State may
delay establishing an Accountability Review
Board if after consultation with the Chair-
man of the Select Committee on Intelligence
of the Senate and the Chairman of the Per-
manent Select Committee on Intelligence of
the House of Representatives, the Secretary
determines that doing so would compromise.
intelligence sources and methods. The Secre-
tary shall promptly advise the Chairmen of
such committees of each determination pur-
suant to this section to delay the establish-
ment of an Accountability Review Board.":
(b) BOARD FINDINGS.-Section 304(a) of
that Act (22 U.S.C. 4834(a)) is amended by
inserting "or surrounding the serious breach
of security involving intelligence activities
of a foreign government directed at a United
States Government mission abroad (as the
case may be)" after "mission abroad" the
first place it appears.
SEC. 157. PROHIBITION ON CERTAIN EMPLOYMENT
AT UNITED STATES DIPLOMATIC AND
CONSULAR MISSIONS IN COMMUNIST
COUNTRIES.
(a) PROHIBITION.-After September 30, 1990,
no national of a Communist country may be
employed as a foreign national employee in
any area of a United States diplomatic or
consular facility in any Communist country
where classified materials are maintained.
(b) DEFINITION-As used in this section, the
term "Communist country" means a coun-
try listed in section 620(f) of the Foreign As-
sistance Act of 1961.
(c) ADDITIONAL FUNDS FOR HIRING UNITED
STATES CITIZENS.-The Congress expresses its
willingness to provide additional funds to
the Department of State for the expenses of
employing United States nationals to re-
place the individuals dismissed by reason of
subsection (a).
(d) REPORT AND REQUEST FOR FUNDS.-As a
part of the Department of State's authoriza-
tion request for fiscal years 1990 and 1991,
the Secretary of State, in consultation with
the heads of all relevant agencies, shall
submit-
(1) a report, which shall include-
(A) a feasibility study of the implementa-
tion of this section; and
(B) an analysis of the impact of the imple-
mentation of this section on the budget of
the Department of State; and
(2) a request for funds necessary for the
implementation of this section pursuant to
the findings and conclusions specified in the
report under paragraph (1).
(e) WA/vER.-The President may waive this
section-
(1) if funds are not specifically authorized
and appropriated to carry out this section;
or
(2) the President determines that it is in
the national security interest of the United
States to continue to employ foreign service
nationals.
The President shall notify the appropriate
committees of Congress each time he makes
the waiver conferred on him by this section.
SEC. 158. TERMINATION OF RETIREMENT BENEFITS
FOR FOREIGN NATIONAL EMPLOYEES
ENGAGING IN HOSTILE INTELLIGENCE
ACTIVITIES.
(a) TERMINATION.-The Secretary of State
shall exercise the authorities available to
him to ensure that the United States does
not provide, directly or indirectly, any re-
tirement benefits of any kind to any present
or former foreign national employee of a
United States diplomatic or consular post
against whom the Secretary has convincing
evidence that such employee has engaged in
intelligence activities directed against the
United States. To the extent practicable, the
Secretary shall provide due process in imple-
menting this section.
(b) WAIVER.-The Secretary of State may
waive the applicability of subsection (a) on
a case-by-case basis with respect to an em-
ployee if he determines that it is vital to the
national security of the United States to do
so and he reports such waiver to the appro-
priate committees of the Congress.
SEC. 155 REPORT ON EMPLOYMENT OF FOREIGN NA-
TIONALS AT FOREIGN SERVICE POSTS
ABROAD.
Not later than 6 months after the date of
enactment of this Act, the Secretary of State,
in consultation with the Secretary of Com-
merce, the Secretary of Agriculture, the Di-
rector of Central Intelligence, the Director of
the United States Information Agency, and
the Director of the Peace Corps, shall submit
to the Congress a report discussing the ad-
visability of employing foreign nationals at
foreign service posts abroad (including their
access to automatic data processing systems
and networks).
SEC. 160. CONSTRUCTION SECURITY CERTIFICATION.
(a) CERTIFICATION.-Before undertaking
any new construction or major renovation
project in any foreign facility intended for
the storage of classified materials or the con-
duct of classified activities, the Secretary of
State, after consultation with the Director of
Central Intelligence, shall certify to the
Committee on Foreign Affairs of the House
of Representatives and the Committee on
Foreign Relations of the Senate that-
(1) appropriate and adequate steps have
been taken to ensure the security of the con-
struction project (including an evaluation
of how all security-related factors with re-
spect to such project are being addressed);
and
(2) the facility resulting from such project
incorporates-
(A) adequate measures for protecting clas-
sified information and national security-re-
lated activities; and
(B) adequate protection for the personnel
working in the diplomatic facility.
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(b) AVAILABILITY OF DocuSENTATIoN.-All
documentation with respect to a certifica-
tion referred to in subsection (a) and any
dissenting views thereto shall be available,
in an appropriately classified form, to the
Chairman of the Committee on Foreign Af-
fairs of the House of Representatives and
the Chairman of the Committee on Foreign
Relations of the Senate.
(C) DIRECTOR OF CENTRAL INTELLIGEN(.F..-
The Director of Central Intelligence shall
provide to the Secretary of State such assist-
ance with respect to the implementation of
this section as the Secretary of State may re-
quest.
(d) DISSENTING VIEWS.-If the Director of
Central Intelligence disagrees with the Sec-
retary of State with respect to any project
certification made pursuant to subsection
(a), the Director shall submit in writing dis-
agreeing views to the Secretary of State.
SEC. /61. PROTECT/ON FROM FUTURE HOST/LE IN-
TELLIGENCE ACTIVITIES IN THE
UNITED STATES
Section 205 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 4305) is
amended by adding at the end the following:
"(d)(1) After the date of enactment of this
subsection, real property in the United
States may not be acquired (by sale, lease, or
other means) by or on behalf of the foreign
mission of a foreign country described in
paragraph (4) if, in the judgment of the Sec-
retary of Defense (after consultation with
the Secretary of State), the acquisition of
that property might substantially improve
the capability of that country to intercept
communications involving United States
Government diplomatic, military, or intelli-
gence matters.
"(2) After the date of enactment of this
subsection, real property in the United
States may not be acquired (by sale, lease, or
other means) by or on behalf of the foreign
mission of a foreign country described in
paragraph (4) if, in the judgment of the Di-
rector of the Federal Bureau of Investiga-
tion (after consultation with the Secretary
of State), the acquisition of that property
might substantially improve the capability
of that country to engage in intelligence ac-
tivities directed against the United States
Government, other than the intelligence ac-
tivities described in paragraph (1).
"(3) The Secretary of State shall inform
the Secretary of Defense and the Director of
the Federal Bureau of Investigation immedi-
ately upon notice being given pursuant to
subsection (a) of this section of a proposed
acquisition of real property by or on behalf
of the foreign mission of a foreign country
described in paragraph (4).
"(4) For the purposes of this subsection,
the term `foreign country' means-
"(A) any country listed as a Communist
country in section 620(f) of the Foreign As-
sistance Act of 1961;
"(B) any country determined by the Secre-
tary of State, for purposes of section 6(j) of
the Export Administration Act of 1979, to be
a country which has repeatedly provided
support for acts of international terrorism;
and
"(C) any other country which engages in
intelligence activities in the United States
which are adverse to the national security
interests of the United States.
"(5) As used in this section, the term 'sub-
stantially improve'shall not be construed to
prevent the establishment of a foreign mis-
sion by a country which, on the date of en-
actment of this section-
"(A) does not have a mission in the United
States, or
"(B) with respect to a city in the United
States, did not maintain a mission in that
city.":
SEC. 162 APPLICATION OF TRAVEL RESTRICTIONS
TO PERSONNEL OF CERTAIN COUN.
TRIES AND ORGANIZATIONS.
(a) AMENDMENT TO FOREIGN MISSIONS ACT.-
Title II of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 4301 et seq.)
as amended by section 128 is further amend-
ed by adding at the end the following new
section:
"SEC. 216. APPLICATION OF TRAVEL RESTRICTIONS
TO PERSONNEL OF CERTAIN COUN-
TRIES AND ORGANIZATIONS
"(a) REQUIREMENT FOR RESTRICTIONS.-The
Secretary shall apply the same generally ap-
plicable restrictions to the travel while in
the United States of the individuals de-
scribed in subsection (b) as are applied
under this title to the members of the mis-
sions of the Soviet Union in the United
States.
"(b) INDIVIDUALS SUBJECT TO RESTRIC-
TIoNs.-The restrictions required by subsec-
tion (a) shall be applied with respect to
those individuals who (as determined by the
Secretary) are-
"(1) the personnel of an international or-
ganization, if the individual is a national of
any foreign country whose government en-
gages in intelligence activities in the United
States that are harmful to the national secu-
rity of the United States;
"(2) the personnel of a mission to an inter-
national organization, if that mission is the
mission of a foreign government that en-
gages in intelligence activities in the United
States that are harmful to the national secu-
rity of the United States; or
"(3) the family members or dependents of
an individual described in paragraphs (1)
and (2);
and who are not nationals or permanent
resident aliens of the United States.
"(c) WAIVERS.-The Secretary, after consul-
tation with the Director of Central Intelli-
gence and the Director of the Federal
Bureau of Investigation, may waive appli-
cation of the restrictions required by subsec-
tion (a) if the Secretary determines that the
national security and foreign policy inter-
ests of the United States so require.
"(d) REPORTS.-The Secretary shall trans-
mit to the Select Committee on Intelligence
and the Committee on Foreign Relations of
the Senate, and to the Permanent Select
Committee on Intelligence and the Commit-
tee on Foreign Affairs of the House of Repre-
sentatives, not later than six months after
the date of enactment of this section and not
later than every six months thereafter, a
report on the actions taken by the Secretary
in carrying out this section during the pre-
vious six months.
"(e) DEFINrrloNs.-For purposes of this sec-
tion-
"(1) the term 'generally applicable restric-
tions' means any limitations on the radius
within which unrestricted travel is permit-
ted and obtaining travel services through
the auspices of the Office of Foreign Mis-
sions for travel elsewhere, and does not in-
clude any restrictions which unconditional-
ly prohibit the members of missions of the
Soviet Union in the United States from trav-
eling to designated areas of the United
States and which are applied as a result of
particular factors in relations between the
United States and the Soviet Union.
"(2) the term 'international organization'
means an organization described in section
209(b)(1); and
"(3) the term 'personnel' includes-
"(A) officers, employees, and any other
staff member, and
"(B) any individual who is retained under
contract or other arrangement to serve func-
tions similar to those of an officer, employ-
ee, or other staff member.":
(b) EFFECTIVE DATE.-Subsection (a) of the
section enacted by this section shall take
effect 90 days after the date of enactment of
this Act.
SEC. 163. COUNTERINTELLIGENCE POLYGRAPH
SCREENING OF DIPLOMATIC SECURITY
SERVICE PERSONNEL .
(a) IMPLEMENTATION OF PROGRAM.-Under
the regulations issued pursuant to subsec-
tion (b), the Secretary of State shall imple-
ment a program of counterintelligence poly-
graph examinations for members of the Dip-
lomatic Security Service (estL.blished pursu-
ant to title II of the Diplomatic Security
Act) during fiscal years 1988 and 1989.
(b) REGULATIONS.-The Secretary of State
shall issue regulations to govern the pro-
gram required by subsection (a). Such regu-
lations shall provide that the scope of the ex-
aminations under such program, the con-
duct of such examinations, and the rights of
individuals subject to such examinations
shall be the same as those under the counter-
intelligence polygraph program conducted
pursuant to section 1221 of the Department
of Defense Authorization Act, 1986 (Public
Law 99-145).
SEC. 164. UNITED STATES EMBASSY IN HUNGARY.
(a) FINDINGS.-The Congress finds that-
(1) the full implementation of the security
program of a United States diplomatic mis-
sion to a Communist country cannot be ac-
complished if employees of that mission who
are citizens of the host country are present
in the same facilities where diplomatic and
consular activities of a sensitive nature are
performed;
(2) the facilities currently housing the of-
fices of the United States diplomatic mis-
sion to Hungary are totally inadequate for
the proper conduct of United States diplo-
matic activities, and unnecessarily expose
United States personnel and their activities
to the scrutiny of the intelligence services of
the Government of Hungary;
(3) the presence of local citizens in a facil-
ity where sensitive activities are performed,
as well as their access to certain unclassi-
fied administrative information, greatly en-
hances the ability of the host government's
intelligence services to restrict our diplo-
matic activities in that country;
(4) since the United States Government
owns a substantial amount of property in
Budapest, it is in a unique position to build
new facilities which will substantially en-
hance the security of the United States dip-
lomatic mission to Hungary; and
(5) units such as the Navy Construction
Battalion are uniquely qualified to con-
struct such facilities in an eastern bloc
country.
(b) STATEMENT OF POLICY.-It is the sense of
the Congress that-
(1) the Department of State should proceed
in a timely fashion to negotiate an agree-
ment with the Government of Hungary to
allow for the construction of new chancery
facilities in Budapest which would totally
segregate sensitive activities from those of
an unclassified and public-oriented charac-
ter; and
(2) any such agreement should ensure that
the United States Government will have the
right to employ only American construction
personnel and materials and will have com-
plete control over access to the chancery site
from the inception of construction.
Part D-Personnel Matters
SEC. 171. COMMISSION TO STUDY FOREIGN SERVICE
PERSONNEL SYSTEM.
In consultation with the Committee on
Foreign Relations of the Senate, the Com-
mittee on Foreign Affairs and the Commit-
tee on Post Office and Civil Service of the
House of Representatives, and the exclusive
representatives (as defined in section
1002(9) of the Foreign Service Act 4f 1980),
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CONGRESSIONAL RECORD - HOUSE December 14, 1987
the Secretary shall appoint a commission of
five distinguished members, at least four of
whom shall have a minimum of ten years ex-
perience in personnel management. The
Commission shall conduct a study of the
Foreign Service personnel system, with a
view toward developing a system that pro-
vides adequate career stability to the mem-
bers of the Service. Not more than 1 year
after the date of enactment of this Act the
Commission shall transmit its report and
recommendations to the Secretary of State,
the Chairman of the Committee on Foreign
Relations of the Senate the Chairman of the
Committee on Foreign Affairs of the House
of Representatives, and the Chairman of the
Committee on Post Office and Civil Service
of the House of Representatives.
SEC. 172 PROTECTION OF CIVIL SERVICE EMPLOY-
RES.
(a) FINDINGS -The Congress finds that-
(1) the effectiveness and efficiency of the
Department of State is dependent not only
on the contribution of Foreign Service em-
ployees but equally on the contribution of
the 42 percent of the Department's employ-
ees who are employed under the Civil Serv-
ice personnel system;
(2) the contribution of these Civil Service
employees has been overlooked in the man-
agement of the Department and greater
equality of promotion, training, and career
enhancement opportunities should be ac-
corded to the Civil Service employees of the
Department; and
(3) a goal of the Foreign Service Act of
1980 was to strengthen the contribution
made by Civil Service employees of the De-
partment of State by creating a cadre of ex-
perienced specialists and managers in the
Department to provide essential continuity.
(b) EQurrABLE REDUCTION OF BUDGET.-The
Secretary of State shall take all appropriate
steps to assure that the burden of cuts in the
budget for the Department is not imposed
disproportionately or inequitably upon its
Civil Service employees.
ICI ESTABLISHMENT OF THE OFFICE OF THE
OMBUDSMAN FOR CIVIL SERVICE EMPLOYEES-
There is established in the Office of the Sec-
retary of State the Position of Ombudsman
for Civil Service Employees. The position of
Ombudsman for Civil Service Employees
shall be a career reserved position within
the Senior Executive Service. The Ombuds-
man for Civil Service Employees shall report
directly to the Secretary of State and shall
have the right to participate in all Manage-
ment Council meetings- to assure that the
ability of the Civil Service employees to con-
tribute to the achievement of the Depart-
ment's mandated responsibilities and the
career interests of those employees are ade-
quately represented The Position of Om-
budsman for Civil Service Employees shall
be designated from one of the Senior Execu-
tive Service positions (as defined in section
3132(a)(2) of title 5, United States Code) in
existence on the date of enactment of this
Act.
(d) DEFINITION.-For purposes of this sec-
tion, the term "Civil Service employees"
means employees of the Federal Government
except for members of the Foreign Service
(as defined in section 103 of the Foreign
Service Act of 19801.
SEC. 173. COMPENSATION FOR CERTAIN STATE DE-
PARTMENT OFFICIALS
(a) PAY LEVELS.-The State Department
Basic Authorities Act of 1956 is amended-
(1) in section 35(b) (22 U.S.C. 2706(b)) by
inserting after the second sentence the fol-
lowing new sentence' "The Coordinator
shall be compensated at the annual rate of
pay for positions authorized by section 5315
of title 5, United States Code. "; and
(2) in section 203(a) (22 U.S.C 4303(a)) by
inserting at the end "The Director shall be
compensated at the annual rate of pay for
positions authorized by section 5315 of title
5, United States Code.".
(b) EFFECTIVE DATE.-The amendments
made by subsection (a) shall take effect 30
days after the date of enactment of this Act.
(c) BUDGET Acs:-Any new spending au-
thority (as defined in section 401(c) of the
Congressional Budget Act of 1974) provided
by this section shall be effective for any
fiscal year only to such extent or in such
amounts as are provided in advance in ap-
propriation Acts.
SEC. 174. AUDIT OF MERIT PERSONNEL SYSTEM OF
FOREIGN SERVICE.
The Comptroller General of the United
States shall conduct an audit and inspec-
tion of the operation of the merit personnel
system in the Foreign Service and report to
the Congress, not later than one year after
the date of enactment of this Act as to any
improvements in the merit personnel system
that the Comptroller General considers nec-
essary. The report of the Comptroller Gener-
al shall pay particular attention to reports
of racial, ethnic, sexual, and other discrimi-
natory practices in the recruitment ap-
pointment assignment, and promotion of
Foreign Service employees.
SEC. 175. PERFORMANCE PA E
(a) REVIEW OF PERFORMANCE PAY PRO-
GRAMS.-
(1) SUSPENSION OF AWARDS DURING
REVIEW.-During the period beginning on
the date of enactment of this Act, and
ending on the date on which the inspector
General of the Department of State reports
to the Congress pursuant to paragraph (2),
performance pay may not be awarded under
section 405 of the Foreign Service Act of
1980 (22 U.S.C. 3965) to any member of the
Senior Foreign Service in the Department of
State.
(2) REVIEW BY INSPECTOR GENERAL.-The
Inspector General of the Department of
State shall conduct a complete and thorough
review of-
(A) the procedures in the Department of
State under which performance pay recipi-
ents are chosen to determine whether the
procedures and award determinations are
free from bias and, reflect fair standards;
and
(B) the adequacy of the criteria and the
equity of the criteria actually applied in
making those awards.
The review should be conducted in accord-
ance with generally accepted Government
auditing standards. The Inspector General
shall report the results of this review to the
Secretary of State and to the Congress no
later than May 1, 1988.
(3) REPORT BY SECRETARY OF STATE.-NO
later than 60 days after the report of the In-
spector General is submitted to the Secre-
tary of State under paragraph (2), the Secre-
tary shall submit to the Congress a report
containing the comments of the Secretary
on the report of the Inspector General and
describing the actions taken and proposed
to be taken by the Secretary as a result of the
report.
(b) CARRY-0 VER OF SENIOR FOREIGN SERVICE
PERFORMANCE PAY.-Section 405(b) of the
Foreign Service Act of 1980 (22 U.S.C.
3965(b)) is amended-
(1) in paragraph (4), by inserting at the
end thereof the following., `Any amount
which is not paid to a member of the Senior
Foreign Service during a fiscal year because
of this limitation shall be paid to that indi-
vidual in a lump sum at the beginning of
the following fiscal year. Any amount paid
under this authority during a fiscal year
shall be taken into account for purposes of
applying the limitation in the first sentence
of this subparagraph with respect to such
fiscal year.';' and
(2) by adding at the end thereof the follow-
ing:
"(5) The Secretary of State shall prescribe
regulations, consistent with section 5582 of
title S, United States Code, under which pay-
ment under this section shall be made in the
case of any individual whose death pre-
cludes payment under paragraph (4) of this
subsection.":
SEC. 17& EXTENSION OF LIMITED APPOINTMENTS.
Section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949) is amended-
(1) by striking out "section 311(a)" and in-
serting in lieu thereof "subsection (b)"?
(2) by inserting "Y?)" after "LIMrrsD AP-
Po1NTMENTS.- '; and
(3) by adding at the end the following new
subsection:
"(b) A limited appointment may be ex-
tended for continued service-
"(1) as a consular agent;
"(2) in accordance with section 311(a);
"(3) as a career candidate, if continued
service is determined appropriate to remedy
a matter that would be cognizable as a
grievance under chapter 11; and
"(4) as a career employee in another Fed-
eral personnel system serving in a Foreign
Service position on detail from another
agency.":
SEC 177. CHIEF OF MISSIONS SALARY.
(a) LIMITATION ON CoMPENSATTON -Section
401(a) of the Foreign Service Act of 1980 (22
U.S.C. 3961(a)) is amended-
(1) by striking out "Except as provided in
section 302(b), each" and inserting in lieu
thereof 'Each'; and
(2) by striking out the period at the end
thereof and inserting in lieu thereof `,
except that the total compensation, exclu-
sive of danger pay, for any chief of mission
shall not exceed the annual rate payable for
level II of such Executive Schedule.
(b) SALARY.-Section 302(b) of such Act (22
U.S.C. 3942(b)) is amended by striking out
"may elect to continue to receive" and all
that follows and inserting in lieu thereof
"shall receive the salary and leave (if any)
of the position to which the member is ap-
pointed by the President and shall not be eli-
gible for performance pay under Chapter 4
of this Act.':
(c) Eppzc77VE DATE.-The amendments
made by subsections (a) and (b) shall not
apply to the salary of any individual serv-
ing under a Presidential appointment under
section 302 of the Foreign Service Act of
1980 immediately before the date of the en-
actment of this Act during the period such
individual continues to serve in such posi-
tion.
SEC 178. PAY LEVEL OF AMBASSADORS AT LARGE.
(a) CoMPENSAT1oN.-Chapter 53 of title 5 of
the United States Code is amended-
(1) in section 5313, by striking out "Am-
bassadors at Large.'; and
(2) in section 5315, by adding at the end
thereof the following:
"Ambassadors at Large"
(b) EFFEcnvz DATE AND LIMITATTON -The
amendments made by subsection (a) shall
take effect 30 days after the date of enact-
ment of this Act and shall not affect the
salary of any individual holding the rank of
Ambassador at Large immediately before the
date of enactment of this Act during the
period such individual continues to serve in
such position.
SEC 17S. FOREIGN SERVICE CAREER CANDIDATES
TAX TREATMENT.
(a) REPRESENTATION TV TAx Azrm'opFTIEs.-
Section 301(d)(3) of the Foreign Service Act
of 1980 (22 U.S.C 3941(dl(3)) is amended by
adding at the end thereol Foreign Service
employees serving as career candidates or
career members of the Service shalt not rep-
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December 14, 1987 WNGRESSIONAL RECORD - HOUSE H 11307
resent to the income tax authorities of the
District of Columbia or any other State or
locality that they are exempt from income
taxation on the basis of holding a Presiden-
tial appointment subject to Senate confir-
mation or that they are exempt on the basis
of serving in an appointment whose tenure
is at the pleasure of the President. ':
(b) EFFECTIVE DATE.-The amendment
made by subsection (a) shall apply with re-
spect to tax years beginning after December
31, 1987.
SEC. 180. PROHIBITION ON MEMBER OF A FOREIGN
SERVICE UNION NEGOTIATING ON
BEHALF OF THE DEPARTMENT OF
STATE.
it is the sense of Congress that the Secre-
tary of State should take steps to assure that
in labor-management negotiations between
the Department of State and the exclusive
representative of the Foreign Service em-
ployees of the Department, those who direct
and conduct negotiations on behalf of man-
agement are not also beneficiaries of the
agreements made with the exclusive repre-
sentative.
SEC. 181. CLARIFICATION OF JURISDICTION OF FOR-
EIGN SERVICE GRIEVANCE BOARD.
(a) BOARD DECIsIoNS.-Section 1107(d) of
the Foreign Service Act of 1980 (22 U.S.C.
4137(d)) is amended-
(1) by inserting "(1)" after "(d) " and
(2) by adding at the end the following:
"(2) A recommendation under paragraph
(1) shall, for purposes of section 1110 of this
Act, be considered a final action upon the
expiration of the 30-day period referred to in
such paragraph, except to the extent that it
is rejected by the Secretary by an appropri-
ate written decision.
"(3)(A) If the Secretary makes a written
decision under paragraph (1) rejecting a rec-
ommendation in whole or in part on the
basis of a determination that implementing
such recommendation would be contrary to
law, the Secretary shall, within the 30-day
period referred to in such paragraph-
'70 submit a copy of such decision to the
Board; and
"(ii) request that the Board reconsider its
recommendation or, if less than the entirety
is rejected, that the Board reconsider the
portion rejected.
"(B)(i) Within 30 days after receiving a re-
quest under subparagraph (A), the Board
shall, after reviewing the Secretary's deci-
sion, make a recommendation to the Secre-
tary either confirming, modifying, or vacat-
ing its original recommendation or, if less
than the entirety was rejected, the portion
involved.
"(ii) Reconsideration under this subpara-
graph shall be limited to the question, of
whether implementing the Board's original
recommendation, either in whole or in part,
as applicable, would be contrary to law.
"(C) A recommendation made under sub-
paragraph (B) shall be considered a final
action for purposes of section 1110 of this
Act, and shall be implemented by the Secre-
tory.".
(b) BOARD RECOMMENDATIONS.-The first
sentence of section 1107(d)(1) of such Act (as
amended by subsection (a) of this section) is
amended by inserting "; tenure" immediate-
ly after "relates directly to promotion".
(c) CAREER APPOINTMENTS.-Section 306 of
such Act (22 U.S.C. 3946) is amended by
adding at the end thereof the following new
subsection:
"(c) Nothing in this section shall be con-
strued to limit the authority of the Secretary
or the Foreign Service Grievance Board
under section 1107 of this Act. ':
(d) SEPARATION FOR CAUSE.-Section
610(a)(2) of such Act (22 U.S.C. 4010(a)(2))
is amended by adding after the first sen-
tence the following new sentence: "If such
cause is not established at such hearing, the
Grievance Board shall have the authority to
direct the Department to pay reasonable at-
torneys fees to the extent and in the manner
provided by section 1107(b)(5) of this Act.":
(e) APPLICATION.-The amendments made
by this section shall not apply with respect
to any grievance in which the Board has
issued a final decision pursuant to section
1107 of the Foreign Service Act of 1980 (22
U.S.C. 4137) before the date of enactment of
this Act.
SEC. 182. RECORD OF GRIEVANCES AWARDED.
Section 1107 of the Foreign Service Act of
1980 (22 U.S.C. 4137) is hereby amended by
adding the following new subsection:
"(e)(1) The Board shall maintain records
of all grievances awarded in favor of the
grievant in which the grievance concerns
gross misconduct by a supervisor. Subject to
paragraph (2), the Committee on Foreign
Relations of the Senate shall be provided
with a copy of the grievance decision when-
ever such a supervisor is nominated for any
position requiring the advice and consent of
the Senate and the Board shall provide
access to the entire record of any proceed-
ings of the Board concerning such a griev-
ance decision to any Member of the Commit-
tee on Foreign Relations upon a request by
the Chairman or Ranking Minority Member
of such committee.
"(2)(A) Except as provided in subpara-
graph (B), all decisions, proceedings, and
other records disclosed pursuant to para-
graph (1) shall be treated as confidential
and may be disclosed only to Committee
members and appropriate staff.
"(B) Whenever material is provided to the
Committee or a Member thereof pursuant to
paragraph (1), the Board shall, at the same
time, provide a copy of all such material to
the supervisor who is the subject of such ma-
terial.
"(C) A supervisor who is the subject of
records disclosed to the committee pursuant
to this subsection shall have the right to
review such record and provide comments to
the Committee concerning such record. Such
comments shall be treated in a confidential
manner.':
SEC. 183. WOMEN AND MINORITIES IN THE FOREIGN
SERVICE.
(a) FINDINGS.-The Congress finds that the
Department of State and other Foreign Serv-
ice agencies have not been successful in
their efforts-
(1) to recruit and retain members of mi-
nority groups in order to increase signifi-
cantly the number of members of minority
groups in the Foreign Service; and
(2) to provide adequate career advance-
ment for women and members of minority
groups in order to increase significantly the
numbers of women and members of minori-
ty groups in the senior levels of the Foreign
Service.
(b) A MORE REPRESENTATIVE FOREIGN SERV-
i E.-The Secretary of State and the head of
each of the other agencies utilizing the For-
eign Service personnel system-
(1) shall substantially increase their ef-
forts to implement effectively the plans re-
quired by section 152(a) of the Foreign Rela-
tions Authorization Act, Fiscal Years 1986
and 1987, so that the Foreign Service be-
comes truly representative of the American
people throughout all levels of the Foreign
Service; and
(2) shall ensure that those plans effectively
address the need to promote increased num-
bers of qualified women and members of mi-
nority groups into the senior levels of the
Foreign Service.
(c) DEPARTMENT OF STATE HIRING PRACTICES
OF MINORITIES AND WOMEN.-The Secretary of
State shall include annually as part of the
report required to be submitted pursuant to
section 105(d)(2) of the Foreign Service Act
of 1980-
(1) a report on the progress made at the
Assistant Secretary and Bureau level of the
Department of State in increasing the pres-
ence of minorities and women at all levels
in the Foreign Service and Civil Service
workforces of the Department of State, and
(2) the specific actions taken to address
the lack of Hispanic Americans, Asian
Americans, and Native Americans in the
Senior Executive Service and Senior Foreign
Service of the Department of State.
SEC. 184. COMPLIANCE WITH LAW REQUIRING RE-
PORTS TO CONGRESS
(a) COMPLIANCE WITH PRIOR REQUEST.-
Within 90 days after the date of enactment
of this Act, the Secretary of State shall
submit to the chairmen and ranking mem-
bers of the Committee on Foreign Relations
and the Committee on Governmental Affairs
of the Senate, and the Committee on Foreign
Affairs, the Committee on Post Office and
Civil Service, and the Committee on Gov-
ernment Operations of -the House of Repre-
sentatives, a report complying with the 1984
request of the Senate Committee on Govern-
mental Affairs for a listing and description
of all policy and supporting positions in the
Department of State and related agencies.
The report shall include an unclassified tab-
ulation, as of the 1984 request, of the follow-
ing:
(1) All Foreign Service officer positions
then occupied by noncareer appointees.
(2) All positions in the Senior Foreign
Service subject to noncareer appointment.
(3) The name of the incumbent; location;
type; level, grade, or salary; tenure; and expi-
ration (if any) of each position.
(b) COMPLIANCE WITH FUTURE REQUESTS.-
Whenever the Committee on Governmental
Affairs of the Senate or the Committee on
Post Office and Civil Service of the House of
Representatives requests information from
the Secretary of State for inclusion in the
publication "U.S. Government Policy and
Supporting Positions" the Secretary shall
provide such information in a timely
manner.
SEC. 185. CHANGES IN REPORTING REQUIREMENTS
(a) REPORT ON PERSONNEL ACTIONS IN THE
FOREIGN SERVICE.-Section 105(d)(2) of the
Foreign Service Act of 1980 (22 U.S.C.
3905(d)(2)) is amended to read as follows:
"(2) The Secretary shall transmit, to the
Chairman of the Committee on Foreign Re-
lations of the Senate and the Speaker of the
House of Representatives, the Department's
reports on its equal employment opportuni-
ty and affirmative action programs and its
minority recruitment programs, which re-
ports are required by law, regulation, or di-
rective to be submitted to the Equal Employ-
ment Opportunity Commission (EEOC) or
the Office of Personnel Management (OPM).
Each such report shall be transmitted to the
Congress at least once annually, and shall
be received by the Congress not later than 30
days after its original submission to the
Equal Employment Opportunity Commis-
sion or the Office of Personnel Manage-
ment.":
(b) REPORT ON USE OF FOREIGN SERVICE
PERSONNEL BY FEDERAL AGENCIES.-Section
601(c) of such Act (22 U.S.C. 4001(c)) is
amended by adding at the end thereof the
following new paragraph:
"(4) Not later than March 1 of each year,
the Secretary of State shall submit a report
to the Speaker of the House of Representa-
tives and to the Committee on Foreign Rela-
tions of the Senate which shall-
"(A) describe the steps taken and planned
in furtherance of
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H 11308 CONGRESSIONAL RECORD - HOUSE December 14, 1987
'Yi) maximum compatibility among agen-
cies utilizing the Foreign Service personnel
system, as provided for in section 203, and
"(ii) the development of uniform policies
and procedures and consolidated personnel
functions, as provided for in section 204;
"(B) specify the upper and lower limits
planned by each such agency for recruit-
ment, advancement, and retention of mem-
bers of the Service, as provided for in sec-
tion 601(c)(2), including, with respect to
each of the relevant promotion competition
groups, the projected ranges of rates of ap-
pointment, promotion, and attrition over
each of the next 5 fiscal years, as well as a
comparison of such projections with the pro-
jections for the preceding year and with
actual rates of appointment, promotion,
and attrition, including a full explanation
of any deviations from projections reported
in the preceding year; and
"(C) specify the numbers of members of the
Service who are assigned to positions classi-
fied under section 501 which are more than
one grade higher or lower than the personal
rank of the member. ".
(c) REPE4LS.-(1) Section 7030 of the For-
eign Service Act of 1980 (22 U.S.C. 4023(8) is
repealed.
(2) Sections 2402 (a) and (b) of the Foreign
Service Act of 1980 are repeated, and section
2402(e) of such Act is amended by striking
out "this section" and inserting in lieu
thereof "section 601(c)(4)":
(3) Section 152(c) of the Foreign Relations
Authorization Act, Fiscal Years 1986 and
1987 (22 U.S.C. 3922a(c)) is repealed
SEC 18R DISPOSITION OF PERSONAL PROPERTY
ABROAD.
(a) AMENDMENT TO STATE DEPARTMENT BASIC
AOTHoRmes ACT of 1956.-The State Depart-
ment Basic Authorities Act of 1956 (P.L. 84-
885; 22 U.S.C. 2269 et seq.) is amended by
adding at the end thereof the following new
title:
"TITLE 111-DISPOSITION OF PERSONAL
PROPERTY ABROAD
"SEC. 301. DEFINITIONS
"For purposes of this title, the following
terms have the following meanings:
"(1) The term 'employee' means an indi-
vidual who is under the jurisdiction of a
chief of mission to a foreign country (as pro-
vided under section 207 of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 3927)) and who
is-
"(A) an employee as defined by section
2105 of title 5, United States Code;
"(B) an officer or employee of the United
States Postal Service or of the Postal Rate
Commission;
'YC) a member of a uniformed service who
is not under the command of an area mili-
tary commander; or
"(DI an expert or consultant as authorized
pursuant to section 3109 of title 5, United
States Code, with the United States or any
agency, department, or establishment there-
of,' but is not a. national or permanent resi-
dent of the foreign country in which em
ployed
"(2) The term contractor' means-
"(A) an individual employed by personal
services contract pursuant to section 2(c) of
this Act (22 U.S.C. 2669(c)), section 636(a)(3)
of the Foreign Assistance Act of 1961 (22
U.S.C. 2396(a)(3)), or pursuant to other
similar authority, including, in the case of
an organization performing services under
such authority, an individual involved in
the performance of such services; and
"(B) such other individuals or firms pro-
viding goods or services by contract as are
designated by regulations issued pursuant
to section 303;
but does not include a contractor with or
under the supervision of an area military
commander.
"(3) The term 'charitable contribution'
means a contribution or gift as defined in
section 170(c) of the Internal Revenue Code
of 1986, or other similar contribution or gift
to a bona fide charitable foreign entity as
determined pursuant to regulations or poli-
cies issued pursuant to section 303.
"(4) The term 'chief of mission' has the
meaning given such term by section 102(3)
of the Foreign Service Act of 1980 (22 U.S.C.
2902(3)).
"(5) The term foreign country' means any
country or territory, excluding the United
States, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana
Islands, the Trust Territory of the Pacific Is-
lands, American Samoa, Guam, the Virgin
Islands, and other territories or possessions
of the United States.
"(6) The term 'personal property' means
any item of personal property, including
automobiles, computers, boats, audio and
video equipment, and any other items ac-
quired for personal use, but excluding items
of minimal value as determined by regula-
tion or policy issued pursuant to section
303.
"(7) The term profit' means any proceeds
(including cash and other valuable consider-
ation but not including amounts of such
proceeds given as charitable contributions)
for the sale, disposition, or assignment of
personal property in excess of the basis for
such property. For purposes of this title,
basis shall include initial price, inland and
overseas transportation costs (if not reim-
bursed by the United States Government),
shipping insurance, taxes, customs fees,
duties or other charges, and capital im-
provements, but shall not include insurance
on an item while in use, or maintenance
and related costs. For purposes of comput-
ing profit, proceeds and costs shall be valued
in United States dollars at the time of re-
ceipt or payment, at a rate of exchange as
determined by regulation or policy issued
pursuant to section 303.
"SEC. 382 LIMITA77ONS ON DISPOSMON OF PERSON.
AL PROPERTY.
"(a) GENERAL RULE.-Except as authorized
under subsection (b), employees or members
of their family shall not sell, assign, or oth-
erwise dispose of personal property within a
foreign country which was imported into or
purchased within that foreign country and
which, by virtue of the official status of the
employee, was exempt from import limita-
tion, customs duties, or taxes which would
otherwise apply.
"(b) APPROVAL BY CHIEF OF MISSION.-The
chief of mission to a foreign country, or a
designee of such chief of mission, is author-
ized to approve within that foreign country
sales, assignment, or other dispositions of
property by employees under the chief of
mission's jurisdiction (as described in sec-
tion 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927)) to the extent that such sale,
assignment, or other disposition is in ac-
cordance with regulations and policies,
rules, and procedures issued pursuant to sec-
tion 303.
"(c) VloI noM-Violation of this section,
or other importation, sale, or other disposi-
tion of personal property within a foreign
country which violates its laws or regula-
tions or governing international law and is
Prohibited by regulations and policies, rules,
and procedures issued pursuant to section
303, shall be grounds for disciplinary action
against an employee.
"SEC 303 REGULATIONS
"(a) ISSUANCE; PURPOSE.-The Secretary of
State may issue regulations to carry out the
purposes of this title. The primary purpose
of such regulations and related policies,.
rules, and procedures shall be to assure that
employees and members of their families do
not profit personally from sales or other
transactions with persons who are not them-
selves entitled to exemption from import re-
strictions, duties, or taxes.
'Yb) CONTRACTORS. -Such regulations shall
require that, to the extent contractors enjoy
importation or tax privileges in a foreign
country because of their contractual rela-
tionship to the United States Government,
after the effective date of this title contract-
ing agencies shall include provisions in
their contracts to carry out the purpose of
this title.
"(c) CHIEF of MISSION.-In order to ensure
that due account is taken of local condi-
tions, including applicable laws, markets,
exchange rate factors, and accommodation
exchange facilities, such regulations may
authorize the chief of mission to each for-
eign country to establish more detailed poli-
cies, rules, or procedures for the application
of this title within that country to employ-
ees under the chief of mission's jurisdic-
tion.":
(b) EFFECTIVE DATE.-This section shall
take effect 180 days after the date of enact-
ment of this Act.
SEC 187. AUTHORITIES FOR SERVICE OF FASCELL
FELLOWS
Section 1005(b) of the Fascell Fellowship
Act (22 U.S.C. 4904(b)) is amended to read as
follows.'
"(b) ArrrgoRn7Es.-Fellows may be em-
ployed-
"(1) under a temporary appointment in
the civil service;
"(2) under a limited appointment in the
Foreign Service; or
"(3) by contract under the provisions of
section 2(c) of the State Department Basic
Authorities Act of 1956.":
SEC. I88. BENEFITS FOR CERTAIN FORMER SPOUSES
OF MEMBERS OF THE FOREIGN SERV-
ICE.
(a) IN GENERAL.-Subchapter I of Chapter
8 of the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.) is amended by inserting
after section 829 (22 U.S.C. 4069) the follow-
ing: -
SEC. 838. RETIREMENT BENEFITS FOR CERTAIN
FORMER SPOUSES
"(a) Any individual who was a former
spouse of a participant or former partici-
pant on February 14, 1981, shall be entitled,
to the extent or in such amounts as are pro-
vided in advance in appropriations Acts,
and except to the extent such former spouse
is disqualified under subsection (b), to bene-
fits-"(1) if married to the participant through-
out the creditable service of the participant,
equal to 50 percent of the benefits of the par-
ticipant; or
"(2) if not married to the participant
throughout such creditable service, equal to
that former spouses pro rata share of 50 per-
cent of such benefits.
"(b) A former spouse shall not be entitled
to benefits under this section if-
"(1) the former spouse remarries before age
55; or
"(2) the former spouse was not married to
the participant at least 10 years during serv-
ice of the participant which is creditable
under this chapter with at least 5 years oc-
curring while the participant was a member
of the Foreign Service.
"(c)(1) The entitlement of a former spouse
to benefits under this section-
"(A) shall commence on the later of-
"N) the day the participant upon whose
service the benefits are based becomes enti-
tled to benefits under this chapter; or
"(ii) the first. day of the month in which
the divorce or annulment involved becomes
final; and
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
"(B) shall terminate on the earlier of-
"(f) the last day of the month before the
former spouse dies or remarries before 55
years of age; or
"(ii) the date the benefits of the partici-
pant terminates.
"(2) Notwithstanding paragraph (1), in
the case of any former spouse of a disability
annuitant-
"(A) the benefits of the former spouse shall
commence on the date the participant
would qualify on the basis of his or her cred-
itable service for benefits under this chapter
(other than a disability annuity) or the date
the disability annuity begins, whichever is
later, and
"(B) The amount of benefits of the former
spouse shall be calculated on the basis of
benefits for which the participant would
otherwise so qualify.
"(3) Benefits under this section shall be
treated the same as an annuity under sec-
tion 814(a)(7) for purposes of section 806(h)
or any comparable provision of law.
"(4)(A) Benefits under this section shall
not be payable unless appropriate written
application is provided to the Secretary,
complete with any supporting documenta-
tion which the Secretary may by regulation
require, within 30 months after the effective
date of this section. The Secretary may
waive the 30-month application requirement
under this subparagraph in any case in
which the Secretary determines that the cir-
cumstances so warrant.
"(B) Upon approval of an application pro-
vided under subparagraph (A), the appropri-
ate benefits shall be payable to the former
spouse with respect to all periods before
such approval during which the former
spouse was entitled to such benefits under
this section, but in no event shall benefits be
payable under this section with respect to
any period before the effective date of this
section.
"(d) For the purposes of this section, the
term 'benefits'means-
"(1) with respect to a participant or
former participant subject to this subchap-
ter, the annuity of the participant or former
participant; and
"(2) with respect to a participant or
former participant subject to subchapter II,
the benefits of the participant orformer par-
ticipant under that subchapter.
"(e) Nothing. in this section shall be con-
strued to impair, reduce, or otherwise affect
the annuity or the entitlement to an annu-
ity of a participant or former participant
under this chapter.
"SEC. 831. SURVIVOR BENEFITS FOR CERTAIN
FORMER SPOUSES.
"(a) Any individual who was a former
spouse of a participant or former partici-
pant on February 14, 1981, shall be entitled,
to the extent or in such amounts as are pro-
vided in advance in appropriations Acts,
and except to the extent such former spouse
is disqualified under subsection (b), to a sur-
vivor annuity equal to 55 percent of the
greater of-
"(1) the full amount of the participant's or
former participant's annuity, as computed
under this chapter; or
"(2) the full amount of what such annuity
as so computed would be if the participant
or former participant had not withdrawn a
lump-sum portion of contributions made
with respect to such annuity.
"(b) If an election has been made with re-
spect to such- former spouse under section
2109 or 806(f), then the survivor annuity
under subsection (a) of such former spouse
shall be equal to the full amount of the par-
ticipant's or former participant's annuity
referred to in subsection (a) less the amount
of such election.
"(C) A former spouse shall not be entitled
to a survivor annuity under this section if-
"(1) the former spouse remarries before age
55; or
"(2) the former spouse was not married to
the participant at least 10 years during serv-
ice of the participant which is creditable
under this chapter with at least 5 years oc-
curring while the participant was a member
of the Foreign Service.
"(d)(1) The entitlement of a former spouse
to a survivor annuity under this section-
"(A) shall commence-
"(i) in the case of a former spouse of a par-
ticipant or former participant who is de-
ceased as of the effective date of this section,
beginning on such date; and
"(ii) in the case of any other former
spouse, beginning on the later of-
"(I) the date that the participant or
former participant to whom the former
spouse was married dies; or
"(II) the effective date of this section; and
"(B) shall terminate on the last day of the
month before the former spouse's death or
remarriage before attaining the age 55.
"(2)(A) A survivor annuity under this sec-
tion shall not be payable unless appropriate
written application is provided to the Secre-
tary, complete with any supporting docu-
mentation which the Secretary may by regu-
lation require, within 30 months after the ef-
fective date of this section. The Secretary
may waive the 30-month application re-
quirement under this subparagraph in any
case in which the Secretary determines that
the circumstances so warrant.
"(B) Upon approval of an application pro-
vided under subparagraph (A), the appropri-
ate survivor annuity shall be payable to the
former spouse with respect to all periods
before such approval during which the
former spouse was entitled to such annuity
under this section, but in no event shall a
survivor annuity be payable under this sec-
tion with respect to any period before the ef-
fective date of this section.
"(e) The Secretary shall-
"(1) as soon as possible, but not later than
60 days after the effective date of this sec-
tion, issue such regulations as may be neces-
sary to carry out this section; and
"(2) to the extent practicable, and as soon
as possible, inform each individual who was
a former spouse of a participant or former
participant on February 14, 1981, of any
rights which such individual may have
under this section.
"(f) Nothing in this section shall be con-
strued to impair, reduce, or otherwise affect
the annuity or the entitlement to an annu-
ity of a participant or former participant
under this chapter.
"SEC. 832. HEALTH BENEFITS FOR CERTAIN FORMER
SPOUSES
"(a) Except as provided in subsection
(c)(1), any individual-
"(1) formerly married to an employee or
former employee of the Foreign Service,
whose marriage was dissolved by divorce or
annulment before May 7, 1985;
"(2) who, at any time during the 18-month
period before the divorce or annulment
became final, was covered under a health
benefits plan as a member of the family of
such employee or former employee; and
"(3) who was married to such employee for
not less than 10 years during periods of gov-
ernment service by such employee, is eligible
for coverage under a health benefits plan in
accordance with the provisions of this sec-
tion.
"(b)(1) Any individual eligible for cover-
age under subsection (a) may enroll in a
health benefits plan for self alone or for self
and family if before the aspiration of the 6-
month period beginning on the effective
date of this section, and in accordance with
w
11 11309
such procedures as the Director of the Office
of Personnel Management shall by regula-
tion prescribe, such individual-
"(A) files an election for such enrollment;
and
"(B) arranges to pay currently into the
Employees Health Benefits Fund under sec-
tion 8909 of title 5, United States Code, an
amount equal to the sum of the employee
and agency contributions payable in the
case of an employee enrolled under chapter
89 of such title in the same health benefits
plan and with the same level of benefits.
"(2) The Secretary shall, as soon as possi-
ble, take all steps practicable-
'(A) to determine the identity and current
address of each former spouse eligible for
coverage under subsection (a); and
"(B) to notify each such former spouse of
that individual's rights under this section.
"(3) The Secretary shall waive the 6-month
limitation set forth in paragraph (1) in any
case in which the Secretary determines that
the circumstances so warrant.
"(c)(1) Any former spouse who remarries
before age 55 is not eligible to make an elec-
tion under subsection (b)(1).
"(2) Any former spouse enrolled in a
health benefits plan pursuant to an election
under subsection (b)(1) may continue the
enrollment under the conditions of eligibil-
ity which the Director of the Office of Per-
sonnel Management shall by regulation pre-
scribe. except that any former spouse who
remarries before age 55 shall not be eligible
for continued enrollment under this section
after the end of the 31-day period beginning
on the date of remarriage.
"(d) No individual may be covered by a
health benefits plan under this section
during any period in which such individual
is enrolled in a health benefits plan under
any other authority, nor may any individ-
ual be covered under more than one enroll-
ment under this section.
"(e) For purposes of this section the term
'health benefits plan' means an approved
health benefits plan under chapter 89 of title
5, United States Code.".
(b) CONFORMING AMENDMENT.-The table of
contents in section 2 of the Foreign Service
Act of 1980 is amended by inserting after the
item relating to section 829 the following:
"Sec. 830. Retirement benefits for certain
former spouses.
"Sec. 831. Survivor benefits for certain
former spouses.
"Sec. 832. Health benefits for certain former
spouses.':
TITLE II-THE UNITED STATES
INFORMATION AGENCY
SEC 201. AUTHORIZATION OF APPROPRIATIONS,- AL-
LOCATION OF FUNDS.
There are authorized to be appropriated to
the United States Information Agency the
following amounts to carry out internation-
al information activities under the United
States Information and Educational Ex-
change Act of 1948, Reorganization Plan
Number 2 of 1977, and other purposes au-
thorized by law:
(1) For "Salaries and Expenses",
$369,455,000 for the fiscal year 1988 and
$376,845, 000 for the fiscal year 1989;
(2) For "Television and Film Service",
$30,391,000 for the fiscal year 1988 and
$30,999,000 for the fiscal year 1989; and
l3) For "East-West Center", $20,000,000 for
the fiscal year 1988 and $20,400,000 for the
fiscal year 1989.
SEC. 202. FUNDS APPROPRIATED FOR THE UNITED
STA TES INFORMATION AGENCY.
(a) NOTIFICATION REQUIREMENT BEFORE
AWARDING PROGRAM GRANTs.-Section 705(b)
of the United States Information and Edu-
cational Exchange Act of 1948 (22 U.S.C.
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H 11310 W CONGRESSIONAL RECORD - HIMSE December 14, 1987
1477c) is amended by striking out for the
fiscal years 1986 and 1987':
(b) PROHIBITION ON CERTAIN REPROGRAM-
MING.-Section 705 of the United States In-
formation and Educational Exchange Act of
1948 (22 U.S.C. 1477c) is amended by adding
at the end the following:
"(c) Funds appropriated for the United
States Information Agency may not be
available for obligation or expenditure
through any reprogramming described in
subsection (a) during the period which is the
last 15 days in which such funds are avail-
able unless notice of such reprogramming is
made before such period.":
SEC. 203 RECEIPTS FROM ENGLISH-TEACHING AND
LIBRARY PROGRAMS.
Section 810 of the United States Informa-
tion and Educational Exchange Act of 1948
(22 U.S.C. 1475e) is amended to read as fol-
lows:
"SEC. 810. Notwithstanding the provisions
of section 3302(b) of title 31, United States
Code, or any other law or limitation of au-
thority, all payments received by or for the
use of the United States Information Agency
from or in connection with English-teaching
and library services conducted by or on
behalf of the Agency under the authority of
this Act or the Mutual Educational and Cul-
tural Exchange Act of 1961 may be credited
to the Agency's applicable appropriation to
such extent as may be provided in advance
in an appropriation Act.":
SEC. 204. USIA POSTS AND PERSONNEL OVERSEAS
(a) PROHIBITION.-No funds authorized to
be appropriated by this Act or any other Act
may be used to pay any expense associated
with the closing of any United States Infor-
mation Agency post abroad. No funds au-
thorized to be appropriated by this Act shall
be used to pay for any expense associated
with the Bureau of Management or with the
television and film service of the United
States Information Agency if a United
States Information Agency post abroad is
closed after April 1, 1987, and not reopened
within 180 days of the date of enactment of
this Act.
(b) LIMITATION ON REDUCTION OF Posi-
TioNs.-Reductions shall not be made in the
number of Positions filled by American em-
ployees of the United States Information
Agency stationed abroad until the number of
such employees is the same percentage of the
total number of American employees of the
Agency as the number of American employ-
ees of the Agency stationed abroad in 1981
was to the total number of American em-
ployees of the Agency at the same time in
1981.
(e) WAIVER.-Subsections (a) and (b) shall
not apply to any United States Information
Agency post closed-
(1) after January 1, 1987, and before the
date of enactment of this Act if the host gov-
ernment will not allow that post to be re-
opened;
(2) because of a break or downgrading of
diplomatic relations between the United
States and the country in which the post is
located,
(3) where there is a real and present threat
to American diplomats in the city where the
post is located and where a travel advisory
warning against American travel to the city
has been issued by the Department of State,
or
(4) when the post is closed so as to provide
funds to open a new post, staffed by at least
one full-time foreign service officer, and
where the Director of the United States In-
formation Agency reports to the Committee
on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House
of Representatives that-
(A) the new post is a higher priority than
the post proposed to be closed; and
(B) the total number of United States In-
formation Agency posts abroad staffed by
full-time Foreign Service employees of the
Agency is not less than the number of such
posts in existence on April 1, 1987.
(d) SEQUESTRATION.-In the case that a se-
questration order is issued pursuant to Part
C of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901 et
seq.; Public Law 99-177), the Director of the
United States Information Agency may, as
part of an agency wide austerity proposal,
submit a report proposing a list of United
States Information Agency posts to be down-
graded or closed in order to comply with the
sequestration order, together with a justifi-
cation for the inclusion of each post on such
list. Such report shall be submitted to the
Committee on Foreign Relations and the
Committee on Appropriations of the Senate
and the Committee on Foreign Affairs and
the Committee on Appropriations of the
House of Representatives.
SEC. 205. FORTY-YEAR LEASING AUTHORITY.
Section 801(3) of the United States Infor-
mation and Educational Exchange Act of
1948 (22 U.S.C. 1471(3)) is amended by strik-
ing out "twenty-five" and inserting in lieu
thereof 'forty':
SEC 206. UNITED STATES INFORMATION AGENCY
PROGRAMMING ON AFGHANISTAN.
(a) THE AFGHANISTAN COUNTRY PLAN.- The
Director of the United States Information
Agency shall implement a formal, compre-
hensive country plan on Afghanistan based
on the guidelines set forth in the United
States Information Agency country plan in-
structions for fiscal year 1988.
(b) REPORT TO CONGRESS.-Not later than
60 days after the date of the enactment of
this Act, the Director of the United States
Information Agency shall provide Congress
in writing with the proposed comprehensive
Afghanistan country plan.
SEC 207. TELEVISION SERVICE OF THE UNITED
STATES INFORMATION .A GE.NCY.
The television and film service of the
United States Information Agency, includ-
ing Worldnet broadcasts, shall operate
under the same criteria and conditions as
are specified for the Voice of America by sec-
tion 503 of the United States Information
and Educational Exchange Act of 1948 (22
U.S.C. 1463).
SEC. 208. LIMITATION ON WORLDNET FUNDING.
Funds may not be reprogrammed in fiscal
years 1988 and 1989 from any program,
project, or activity for Worldnet. Funds may
not be transferred in fiscal years 1988 and
1989 from any other account for Worldnet.
SEC. 209. AUDIENCE SURVEY OF WORLDNET PRO-
GRAM.
(a) EARMARK.-Of the funds authorized to
be appropriated for USIA's Worldnet Pro-
gram by section 201(2), not less than
$500,000 for the fiscal year 1988 shall be
available only for the Purpose of conducting
a market survey in Europe of USIA's World-
net programming.
(b) QUALIFICATIONS OF SURVEYOR.-Such
survey shall be conducted by a television
market survey company which has a long es-
tablished reputation for objective estimates
of television audience size and which has
not less than 15 years of substantial experi-
ence in estimating audience size.
(c) REPORT-Not later than 9 months after
the date of enactment of this Act, the Direc-
tor of the United States Information Agency
shall submit a report to the Chairman of the
Committee on Foreign Relations of the
Senate and the Chairman of the House Com-
mittee on Foreign Affairs containing-
(1) the best estimate by the company per-
forming the audience survey of the number
of Persons in Europe who watch, on a daily
basis, the passive (noninteractive) shows of
USIA's Worldnet Program. Such estimate
shall include the number of persons who
watch a part of the daily passive (noninter-
active) shows of USIA's Worldnet Program
and the number of persons who watch such
programs in their entirety;
(2) a description of the demographic com-
position and nationality of the persons
watching such programs; and
(3) the entire report prepared by the com-
pany conducting the survey.
(d) NOTIFICATION OF SELECTED SURVEYOR.-
At least 30 days prior to the approval by the
Director of the United States Information
Agency of a contract with a company con-
ducting the survey required by this section,
the Director shall provide the Chairman of
the Senate Committee on Foreign Relations
and the Chairman of the House Foreign Af-
fairs Committee of the name of the company
selected to conduct the survey together with
a copy of the proposed contract.
(e) LIMITATION.-NO funds authorized to be
appropriated to the United States Informa-
tion Agency shall be expended after October
1, 1988, on the production or acquisition of
passive (noninteractive) programs for
USIA's Worldnet television service unless-
(1) the survey required by this-section has
been completed in the manner described by
this section;
(2) the report required by this section,
along with a copy of the survey results, has
been submitted to the Chairman of the Com-
mittee on Foreign Relations of the Senate
and the Chairman of the Committee on For-
eign Affairs of the House of Representatives;
and
(3) the survey shows with a high degree of
reliability that the average daily European
audience for the passive (noninteractive)
programs of USIA's Worldnet television
service is not less than 2,000,000 viewers.
SEC. 21a NATIONAL ENDOWMENT FOR DEMOCRACY.
In addition to amounts authorized to be
appropriated by section 201, there are au-
thorized to be appropriated to the United
States Information Agency $17,500,000 for
the fiscal year 1988 and $18,100,000 for the
fiscal year 1989 to be available only for a
grant to the National Endowment for De-
mocracy for carrying out its purposes, of
which not less than $250,000 for the fiscal
year 1988 shall be used to support elements
of the free press, including free radio, and
the democratic civic opposition inside Nica-
ragua which espouse democratic principles
and objectives. As is the case with all pro-
grams of the National Endowment for De-
mocracy, no employee of any department,
agency, or other component of the United
States Government may participate, direct-
ly or indirectly, in controlling and directing
the use of these funds to the free press and
democratic civic opposition inside Nicara-
gua.
SEC. 211. SEPARATE ACCOUNTS FOR .NED GRANTEES.
Section 504(h) of the National Endowment
for Democracy Act (22 U.S.C. 4413(h)) is
amended by inserting "separate accounts
with respect to such assistance and" after
"keeps":
SEC. 212. NED TREATMENT OF INDEPENDENT LABOR
UNIONS.
Section 503 of the National Endowment
for Democracy Act (22 U.S.C. 4412) is
amended by adding at the end thereof the
following new subsection:
"(f) Nothing in this title shall preclude the
Endowment from making grants to inde-
pendent labor unions.".
SEC. 21J. UNITED STATES ADVISORY COMMISSION ON
PUBLIC DIPLOMACY.
Section 604 of the United States Informa-
tion and Education Exchange Act of 1948
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w
December 14, 1987 CONGRESSIONAL RECORD - HOUSE
(22 U.S.C. 1469) is amended to read as fol-
lows.
"UNITED STATES ADVISORY COMMISSION ON
PUBLIC DIPLOMACY
`SEC. 604. (a) The United States Advisory
Commission on International Communica-
tion, Cultural and Educational Affairs, es-
tablished by section 8 of Reorganization
Plan Numbered 2 of 1977, is hereby redesig-
nated as the United States Advisory Com-
mission on Public Diplomacy (hereafter in
this section referred to as the "Commis-
sion").
"(b) The Commission shall be composed of
seven members who shall be appointed by
and serve at the pleasure of the President.
The members of the Commission shall repre-
sent the public interest and shall be selected
from a cross section of educational, commu-
nications, cultural, scientific, technical,
public service, labor and business, and pro-
fessional backgrounds. The President shall
designate a member to chair the Commis-
sion.
"(c) The Commission shall have a staff di-
rector who shall be appointed by the Chair-
man of the Commission. Subject to such
rules and regulations as may be adopted by
the Commission, the Chairman of the Com-
mission may-
"(1) appoint such additional personnel for
the staff of the Commission as the Chairman
deems necessary; and
"(2) procure temporary and intermittent
services to the same extent as is authorized
by section 3109(b) of title 5, United States
Code, but at rates for individuals not to
exceed the daily equivalent of the annual
rate of basic pay payable for grade GS-18 of
the General Schedule under section 5332 of
title 5, United States Code.
"(d) This section shall enter into force on
January 20, 1989. Any provisions of section
8 of Reorganization Plan Numbered 2 of
1977 inconsistent with this section shall no
longer have legal effect on that date. The
prohibition limiting membership of individ-
uals from the same political party is re-
pealed.":
SEC. 214. DISTRIBUTION WITHIN THE UNITED STATES
OF USIA FILM ENTITLED "AMERICA
THE WAY I SEE IT
Notwithstanding section 208 of the For-
eign Relations Authorization Act Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) and
the second sentence of section 501 of the
United States Information and Education
Exchange Act of 1948 (22 U.S.C. 1461)-
(1) the Director of the United States Infor-
mation Agency shall make available to the
Archivist of the United States a master copy
of the film entitled "America The Way I See
It'; and
(2) upon evidence that necessary United
States rights and licenses have been secured
and paid for by the person seeking domestic
release of the film, the Archivist shall-
(A) reimburse the Director for any ex-
penses of the Agency in making that master
copy available;
(B) deposit that film in the National Ar-
chives of the United States; and
(C) make copies of that film available for
purchase and public viewing within the
United States.
Any reimbursement to the Director pursuant
to this section shall be credited to the appli-
cable appropriation of the United States In-
formation Agency.
SEC. 215. AVAILABILITY OF CERTAIN USIA PHOTO-
GRAPHS FOR DISTRIBUTION WITHIN
THE UNITED STATES BY THE DEPART-
MENT OF DEFENSE
Notwithstanding section 208 of the For-
eign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) and
the second sentence of section 501 of the
United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1461), the
Director of the United States Information
Agency shall make available, upon request,
to the Secretary of Defense and the Secretar-
ies of the military departments concerned
photographs of military operations and
military related activities that occurred in
the Republic of Vietnam for the purpose of
developing and publishing military histories
by those departments. The Secretary of De-
fense, or the Secretary of the military de-
partment concerned as appropriate, shall
reimburse the Director for any expenses in-
volved in making such photographs avail-
able. Any reimbursement to the Director
pursuant to this section shall be credited to
the applicable appropriation of the United
States Information Agency.
SEC. 216. USIA UNDERGRADUATE SCHOLARSHIP PRO-
GRAM.
(a) INCREASED FUNDING FOR CARIBBEAN
REGION.-It is the sense of the House of Rep-
resentatives that the United States Informa-
tion Agency should provide increased fund-
ing for students in. the Caribbean region
under the scholarship program for develop-
ing countries established by title VI of the
Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987.
(b) DEFINITION.-
(1) As used in this section, the term "Car-
ibbean region" means-
(A) Antigua and Barbuda, Aruba, the Ba-
hamas, Barbados, Belize, Cuba, Dominica,
the Dominican Republic, Grenada, Guyana,
Haiti, Jamaica, St. Christopher and Nevis,
St. Vincent and the Grenadines, St. Lucia,
Trinidad and Tobago;
(B) Anguilla, British Virgin Islands,
Cayman Islands, Montserrat Netherlands
Antilles, Turks and Caicos Islands; and
(C) French Guiana, Guadeloupe, and Mar-
tinique.
(2) Nothing in this subsection may be con-
strued to encourage or authorize scholar-
ships for students from any country which is
a Communist country.
TITLE III-EDUCATIONAL AND CULTURAL
AFFAIRS
SEC. 301. AUTHORIZATIONS OF APPROPRIA TIONS
(a) AUTHORIZATION OF APPROPRIATIONS.-In
addition to amounts authorized to be appro-
priated by section 201, there are authorized
to be appropriated to the United States In-
formation Agency for the Bureau of Educa-
tional and Cultural Affairs $188,625,000 for
the fiscal year 1988 and $192,438,000 for the
fiscal year 1989 to carry out the purposes of
the Mutual Educational and Cultural Ex-
change Act of 1961. Of the funds authorized
to be appropriated by this section, not less
than-
(1) $93,000,000 for the fiscal year 1988 and
$93,000,000 for the fiscal year 1989 shall be
available only for grants for the Fulbright
Academic Exchange Programs;
(2) $39,000,000 for the fiscal year 1988 and
$39,000,000 for the fiscal year 1989 shall be
available only for grants for the Interna-
tional Visitors Program;
(3) $5,250,000 for the fiscal year 1988 and
$5,250,000 for the fiscal year 1989 shall be
available only for grants for the Hubert H.
Humphrey Fellowship Program;
(4) $2,500,000 for the fiscal year 1988 and
$2,500,000 for the fiscal year 1989 shall be
available only for the Congress-Bundestag
Exchange;
(5) $500,000 for the fiscal year 1988 and
$500,000 for the fiscal year 1989 shall be
available only to the Seattle Goodwill
Games Organizing Committee for Cultural
Exchange and other exchange-related activi-
ties associated with the 1990 Goodwill
Games to be held in Seattle, Washington;
(6) $5,000,000 for the fiscal year 1988 and
$5,000,000 for the fiscal year 1989 shall be
H 11311
available only for the Arts America Pro-
gram; and
(7) $300,000 for the fiscal year 1988 shall
be available only for books and materials to
complete the collections at the Edward Zor-
insky Memorial Library in Jakarta, Indone-
sia.
(b) ALLOCATION OF FUNDS FOR EXCHANGES
BETWEEN THE UNITED STATES AND THE SOVIET
UNION.-(1) Of the funds authorized to be ap-
propriated by subsection (a), not less than
$2,000,000 shall be available only for grants
for exchange of persons programs between
the United States and the Soviet Union.
(2) Funds allocated by paragraph (1) or (2)
of subsection (a) may be counted toward the
allocation required by this subsection to the
extent that such funds are used, in accord-
ance with their respective programs, for
grants for exchange of persons programs be-
tween the United States and the Soviet
Union.
SEC. 302. SAMANTHA SMITH MEMORIAL EXCHANGE
PROGRAM.
(a) EsTABLISHMENT.-Section 112(a) of the
Mutual Educational Exchange Act of 1961
(22 U.S.C. 2460(a)) is amended-
(1) by striking out "and" at the end of
paragraph (6);
(2) by striking out the period at the end of
paragraph (7) and inserting in lieu thereof
and'; and
13) by adding at the end thereof the follow-
ing new paragraph:
`(8) the Samantha Smith Memorial Ex-
change Program which advances under-
standing between the United States and the
Soviet Union and between the United States
and Eastern European countries through
the exchange of persons under the age of 21
years and of students at an institution of
higher education (as defined in section
1201(a) of the Higher Education Act of 1965
(20 U.S.C. 1141(a))) who have not received
their initial baccalaureate degree.':
(b) AUTHORIZATION OF APPROPRIATIONS.-In
addition to amounts authorized to be appro-
priated by section 301, there is authorized to
be appropriated $2,000,000 for fiscal year
1988 and $2,000,000 for fiscal year 1989 to
carry out the program established by the
amendment made by subsection (a).
SEC 303. THE ARTS AMERICA PROGRAM.
Section 112(a) of the Mutual Educational
and Cultural Exchange Act of 1961 (22
U.S.C. 2460(a)), as amended by section 302,
is further amended-
(1) by striking out "and" at the end of
paragraph (7);
(2) by striking out the period at the end of
paragraph (8) and inserting in lieu thereof
and'; and
(3) by adding at the end thereof the follow-
ing new paragraph:
"(9) the Arts America program which pro-
motes a greater appreciation and under-
standing of American art abroad by sup-
porting exhibitions and tours by American
artists in other countries.":
SEC. J04. PROFESSORSHIP ON CONSTITUTIONAL DE-
MOCRACY.
(a) FEDERAL SUPPORT FOR PROFESSORSHIP.-
The President, in support of the statutory
program of American studies abroad, is di-
rected to foster studies in constitutional de-
mocracy at the Santo Tomas University in
the Republic of the Philippines by support-
ing at such university under section
102(b)(4) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C.
2452(b)(4)) a professorship on the subject of
constitutional democracy, if such professor-
ship is established by such university.
(b) FINANCIAL SUPPORT FOR THE PROFESSOR-
sHIP.-If the professorship referred to in sub-
section (a) is established by the Santo
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I 1131? CW ONGRESSIONAL RECORD - HIRE December 14, 1987
Tomas University in the Republic of the
Philippines, veterans of the Pacific theater
in World War II and veterans of the Korean
conflict and Vietnam era are encouraged to
contribute funds under section 105(f) of the
Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C 2455(f)) to support
such professorship.
SEC. 305. bh1TED STATES-INDIA FUND.
Section 903(b) of the United States-India
Fund for Cultural, Educational, and Scien-
tific Cooperation Act (22 U.S.C. 290j-1) is
amended to read as follows:
"(b) In accordance with the agreement ne-
gotiated pursuant to section 902(a), sums
made available for investment for the
United States-India Fund for Cultural, Edu-
cational, and Scientific Cooperation under
the Departments of Commerce, Justice, and
State, and the Judiciary and Related Agen-
cies Appropriation Act, 1985, and any earn-
ings on such sums shall be available for the
purposes of section 902(a).":
SEC. 306. THE EDWARD ZORINSKY MEMORIAL LI-
BRARY.
(a) MEMORIAL FOR EDWARD ZORINSKY.-The
United States Information Service library
in Jakarta, Indonesia is named "The
Edward Zorinsky Memorial Library":
(b) MEMORIAL PLAQUE.-The Director of the
United States Information Agency shall
cause a plaque to be made and prominently
displayed at the library described in subsec-
tion (a). The plaque shall bear the following
inscription:
"THE EDWARD ZORINSKY MEMORIAL
LIBRARY
This library is dedicated to the memory of
Edward Zorinsky, United States Senator
from Nebraska. As a Senator, Edward Zorin-
sky worked tirelessly to promote the free ex-
change of ideas and people between the
United States and other countries. This li-
brary, which is a forum for the exchange of
ideas and knowledge between the people of
the United States and the People of Indone-
sia, was reopened after a hiatus of more
than twenty years as a result of legislation
authored by Senator Zorinsky. ",
SEC. 307. CULTURAL PROPERTY ADVISORY COMMIT.
TER
(a) TERMS OF SERVICE.-Section
-306(b)(3)(A) of the Convention on Cultural
Property Implementation Act (19 U.S.C.
2601 note) is amended to read as follows:
? (3)(A) Members of the Committee shall be
appointed for terms of three years and may
be reappointed for one or more terms. With
respect to the initial appointments, the
President shall select, on a representative
basis to the maximum extent practicable,
four members to serve three-year terms, four
members to serve two-year terms, and the re-
maining members to serve a one-year term.
Thereafter each appointment shall be for a
three-year term.":
(b) VACANCIES; CHAIRMANSHIP.-Section
306(b)(3)(B) of the Convention on Cultural
Property Implementation Act (19 U.S.C
2601 note) is amended to read as follows:
"(B)(i) A vacancy in the Committee shall
be filled in the same manner as the original
appointment was made and for the unex-
pired portion of the term, if the vacancy oc-
curred during a term of office. Any member
of the Committee may continue to serve as a
member of the Committee after the expira-
tion of his term of office until reappointed
or until his successor has been appointed.
"(ii) The President shall designate a
Chairman of the Committee from the mem-
bers of the Committee.":
(c) APPLrcATIoN.-The amendment made by
subsection (a) shall apply to members of the
Cultural Property Advisory Committee first
appointed after the date of enactment of this
Act.
TITLE IV-VOICE OF AMERICA
SEC. 401. AUTHORIZATIONS OF A PPROPRIA TIONS.
In addition to the amounts authorized to
be appropriated under title II, there are au-
thorized to be appropriated the following
amounts to the United States Information
Agency for the Voice of America for the pur-
pose of carrying out title V of the United
States Information and Educational Ex-
change Act of 1948 and the Radio Broad-
casting to Cuba Act:
(1) For "Salaries and Expenses",
$177,200,000 for the fiscal year 1988 and
$180,744,000 for the fiscal year 1989;
(2) For "Voice of America/Europe",
$3,000,000 for the fiscal year 1988 and
$3,060,000 for the fiscal year 1989; and
(3) For "Radio Broadcasting to Cuba",
$12,652,000 for the fiscal year 1988 and
$12,905,000 for the fiscal year 1989.
SEC. 402. VOICE OF AMERICA/EUROPE:
Title V of the United States Information
and Educational Exchange Act of 1948 (22
U.S.C. 1461 et seq.) is amended by adding
after section 503 the following new section:
"SEC. 504. VOICE OF AMERICA/EUROPE.
`As part of its duties and programs under
title V of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C.
1461 et seq.), Voice of America/Europe
shall-
"(1) target news and features in accord-
ance with the findings and recommenda-
tions of the Young European Survey;
"(2) conduct periodic audience evalua-
tions and measurements; and
"(3) promote and advertise Voice of Amer-
ica/Europe.":
SEC. 403. CONTRACTOR REQUIREMENTS
(a) FINDINGS.-The Congress finds that the
overriding national security aspects of the
$1,300,000,000 facilities modernization pro-
gram of the Voice of America require the as-
surance of uninterrupted logistic support
under all circumstances for the program.
Therefore, it is in the best interests of the
United States to provide a preference for
United States contractors bidding on the
projects of this program.
(b) RESPONSIVE BID.-A bid shall not be
treated as a responsive bid for purposes of
the facilities modernization program of the
Voice of America unless the.bidder can es-
tablish that the United States goods and
services content, excluding consulting and
management fees, of his proposal and the re-
sulting contract will not be less than 55 per-
cent of the value of his proposal and the re-
sulting total contract.
(c) PREFERENCE FOR UNITED STATES CON-
TRAcTORS.-Notwithstanding any other pro-
vision of law, in any case where there are
two or more qualified bidders on projects of
the facilities modernization program of the
Voice of America, including design and con-
struction projects and projects with respect
to transmitters, antennas, spare parts, and
other technical equipment, all the respon-
sive bids of United States persons and quali-
fied United States joint venture persons
shall be considered to be reduced by 10 per-
cent.
(d) ExcEPTioN.-
(1) Subsection (c) shall not apply with re-
spect to any project of the facilities modern-
ization program of the Voice of America
when-
(A) precluded by the terms of an interna-
tional agreement with the host foreign coun-
try;
(B) a foreign bidder can establish that he
is a national of a country whose government
permits United States contractors and sup-
pliers the opportunity to bid on a competi-
tive and nondiscriminatory basis with its
national contractors and suppliers, on pro-
curement and projects related to the con-
struction, modernization, upgrading, or ex-
pansion of-
(i) its national public radio and television
sector, or
(ii) its private radio and television sector,
to the extent that such procurement or
project is, in whole or in part, funded or oth-
erwise under the control of a government
agency or authority; or
(C) the Secretary of Commerce certifies (in
advance of the award of the contract for
that project) to the Director of the United
States Information Agency that the foreign
bidder is not receiving any direct subsidy
from any government, the effect of which
would be to disadvantage the competitive
position of United States persons who also
bid on the project,' or
(D) the statutes of a host foreign country
prohibit the use of United States contractors
on such projects within that country.
(2) An exception under paragraph (1)(D)
shall only become effective with respect to a
foreign country 30 days after the Secretary
of State certifies to the Committee on For-
eign Affairs and the Committee on Appro-
priations of the House of Representatives
and the Committee on Foreign Relations
and the Committee on Appropriations of the
Senate what specific actions the Secretary
has taken to urge the foreign country to
permit the use of United States contractors
on such projects.
(d) DEFrNI.1?IONS.-For purposes of this sec-
tion-
(1) the term "United States person" means
a person that-
(A) is incorporated or otherwise legally or-
ganized under the laws of the United States,
including any State (and any political sub-
division thereof) and the District of Colum-
bia;
(B) has its principal place of business in
the United States;
(C) has been incorporated or otherwise le-
gally organized in the United States for
more than 5 years before the issuance date
of the Invitation For Bids or the Request
For Proposals with respect to a moderniza-
tion project under subsection (b);
(D) has proven, as indicated by prior con-
tracting experience, to possess the technical,
managerial, and financial capability to suc-
cessfully complete a project similar in
nature and technical complexity to that
being-contracted for;
(E)(i) employs United States citizens in at
least 80 percent of its principal management
positions in the United States;
(ii) employs United States citizens in more
than half of its permanent, full-time posi-
tions in the United States; and
(iii) will employ United States citizens in
at least 80 percent of the supervisory posi-
tions on the modernization project site; and
(F) has the existing technical and finan-
cial resources in the United States to per-
form the contract; and
(2) the term "qualified United States joint
venture person" means a joint venture in
which a United States person or persons
own at least 51 percent of the assets of the
joint venture.
(e) EFFECTIVE DATE.-The provisions of this
section shall apply to any project with re-
spect to which the Request For Proposals
(commonly referred to as "RFP") or the In-
vitation For Bids (commonly referred to as
"IFB ") was issued after December 28, 1986.
TITLE V-THE BOARD FOR INTERNATIONAL
BROADCASTING
SEC. 501. AUTHORIZATION OF APPROPRIATIONS AL
LOCATION OF FUNDS.
(a) AUTHORIZATION OF APPROPRIATIONS.-
Section 8(a)(1)(A) of the Board for Interna-
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December 14, 1987
W
tional Broadcasting Act of 1973 (22 U.S.C.
2877) is amended to read as follows:
"(A) $186,000,000 for fiscal year 1988 and
$207,424,000 for fiscal year 1989; and".
(b) ALLOCATION OF FUNDS.-Of the funds au-
thorized to be appropriated by section
8(a)el)(A) of the Board for International
Broadcasting Act of 1973, $12,000,000 for the
fiscal year 1988 and $12,000,000 for the
fiscal year 1989 shall be available only for
radio transmitter construction and modern-
ization.
SEC. 502. RESERVE FOR OFF.SETTI.VG DOWNWARD
FLUCTUATIONS IN OVERSEAS RATES.
Section 8(b) of the Board for International
Broadcasting Act of 1973 (22 U.S.C. 2877(b))
is amended by inserting after "RFE/RL, In-
corporated," the following: "shall be certi-
fied to the Congress by the Director of the
Office of Management and Budget and
placed in reserve in a separate account in
the Treasury only for the purpose of offset-
ting future downward fluctuations in for-
eign currency exchange rates in order to
maintain the level of operations authorized
for each fiscal year. Any such amount".
SEC. 503. CERTIFICATION OF CERTAIN CREDITABLE
SERVICE.
The third to last sentence of section
8332(b) of title 5, United States Code, is
amended by inserting ", and the Secretary of
State with respect to the Asia Foundation
and the Secretary of Defense with respect to
the Armed Forces Network, Europe (AFN-
E)," after "Board for International Broad-
casting".
TITLE VI-ASIA FOUNDATION
SEC. 601. AUTHORIZATION OF APPROPRIATION:..
Section 404 of the Asia Foundation Act (22
U.S.C. 4401 et seq.) is amended to read as
follows:
"SEC. 404. FUNDING.
"There is authorized to be appropriated to
the Secretary of State $13,700,000 for the
fiscal year 1988 and $15,000,000 for the
fiscal year 1989 for grants to The Asia Foun-
dation pursuant to this title.".
TITLE VII-INTERNATIONAL ORGANIZATIONS
PART A-UNITED NATIONS
SEC. 701. PROBABLE EXEMPTIONS TO THE UNITED
NATIONS EMPLOYEE HIRING FREEZE.
(a) FIND/NCIS.-The Congress makes the fol-
lowing findings:
(1) In April 1986, the Secretary-General of
the United Nations adopted a freeze on the
hiring of personnel within the United Na-
tions Secretariat,
(2) The conditions of the freeze were such
that, as the terms of office for the personnel
expired, replacements would not be recruit-
ed or hired to fill the vacant positions, with
minor exceptions.
(3) The freeze was designed to reduce
United Nations personnel by 15 percent over
three years, as recommended by the Group
of High-Level Intergovernmental Experts to
Review the Efficiency of the Administrative
and Financial Functioning of the United
Nations (commonly referred to as the
"Group of 18 Experts").
(4) On May 5, 1987, the Secretary-General
reported to the Department of State that he
was considering granting 156 exceptions to
the hiring freeze.
(5) Of these 156 probable exceptions, 104
would be Soviet and Soviet-bloc nationals
currently employed in the United Nations
Secretariat-of 298 Soviet and Soviet-bloc
nationals currently employed in the United
Nations Secretariat-who would be replaced
over the next 18 months.
(6) According to a report from the Select
Committee on Intelligence of the Senate on
"Soviet Presence in the United Nations Sec-
retariat" (Senate Print 99-52, May 1985),
approximately one-fourth of the Soviets in
the United Nations Secretariat are intelli-
gence officers, many more are co-opted by
the Soviet intelligence agencies, and all So-
viets in the United Nations Secretariat must
respond to KGB requests for assistance.
(7) Other United States intelligence au-
thorities estimate that as many as one-half
of the Soviet and Soviet-bloc nationals in
the United Nations Secretariat are officers
of the KGB or the GR U.
(8) If the Secretary-General's probable ex-
emptions are adopted, the Soviet Union will
be allowed to replace retiring Soviet and
Soviet-bloc personnel with new, highly
skilled and well-trained intelligence officers
of the KGB or the GR U.
(9) The Secretary-General's proposed ex-
ceptions would thus provide the Soviet
Union with the capability to rebuild its in-
telligence apparatus within the United
States, which was devastated in recent years
when the United States ordered severe reduc-
tions in the size of the Soviet mission to the
United Nations, the Soviet Embassy in
Washington, District of Columbia, and the
Soviet Consulate in San Francisco, Califor-
nia.
(10) Article 100 of the United Nations
Charter calls for the establishment of an
international civil service whose members
are neutral and loyal only to the United Na-
tions.
(11) Section 3 of Article 101 of the United
Nations Charter calls for the appointment of
individuals who are professionally qualified
for the positions they are to fill and main-
tains that due regard shall be paid to the im-
portance of recruiting the staff on as wide a
geographical basis as possible.
(12) As of September 1985, 442 of 446
Soviet nationals employed throughout the
United Nations system are "seconded", that
is, serve on short, fixed-term contracts.
(13) Through the abuse of short, fixed-term
contracts, the Soviet Union has maintained
undue influence and control over major of-
fices of the United Nations Secretariat,
thereby effectively using the United Nations
Secretariat in the conduct of its foreign rela-
tions, in clear violation of Articles 100 and
101 of the United Nations Charter.
(14) The Secretary-General's proposed ex-
ceptions to the hiring freeze (as described in
paragraphs (1) through (5)) would continue
the gross violations of Articles 100 and 101
of the United Nations Charter described in
paragraph (13).
(15) The Secretary-General's proposed ex-
ceptions to such hiring freeze would be
clearly inconsistent with the terms of the
United Nation's self-imposed reform pro-
gram.
(16) The United Nations has not yet
achieved its reform goals and there is no in-
dication that the United Nations can afford
to make such large exceptions to such hiring
freeze.
(b) REPORT To CoNGREss.-(1) The Secre-
tary of State shall report to the Congress not
later than 90 days after the date of enact-
ment of this Act and annually thereafter as
to the status of secondment within the
United Nations by the Soviet Union and
Soviet-bloc member-nations.
(2) Such report shall contain as a mini-
mum, a thorough analysis of the following
issues:
(A) The number of Soviet and Soviet-bloc
nationals who are currently seconded to the
United Nations system on short, fixed-term
contracts in New York, Geneva, Vienna, and
Nairobi, and the percentage such number is
to the total number of Soviet and Soviet-bloc
nationals so seconded.
(B) The number of Soviet and Soviet-bloc
nationals who are currently employed in the
United States system on long-term con-
tracts.
(C) The measures undertaken by the
United States to persuade the United Na-
tions Secretariat to enforce the provisions of
the United Nations Charter which specifi-
cally govern the behavior and activities of
United Nations employees, especially Arti-
cles 100 and 101.
(D) The measures undertaken by the
United States either through bilateral or
multilateral channels with the Soviet Union
and other members of the Soviet-bloc to end
their abuse of secondment.
(E) The measures undertaken by the
United States to challenge Soviet and
Soviet-bloc nationals' credentials and to
deny them entry visas, in order to keep
Soviet and Soviet-bloc intelligence opera-
tives out of the United States and United
Nations.
(F) The counterintelligence efforts under-
taken by the United States to protect United
States national security from hostile intelli-
gence activities directed against the United
States by Soviet and Soviet-bloc intelligence
operatives employed by the United Nations.
(C) SENSE OF THE CONGRESS.-It is the sense
of the Congress that-
(1) the President should take all such ac-
tions necessary to ensure compliance with
the hiring freeze rule, including withholding
all assessed United States contributions to
the United Nations, and denying United
States entry visas to Soviet and Soviet-bloc
applicants coming to the United States to
replace Soviet and Soviet-bloc nationals
currently serving in the United Nations Sec-
retariat;
(2) the President, through the Department
of State and the United States mission to
the United Nations, should express to the
Secretary-General of the United Nations the
insistence of the American people that the
hiring freeze continue indefinitely, or until
the United Nations has complied with the
Group of 18 recommendations and can thus
afford to make exceptions to the freeze;
(3) the Secretary-General should revoke all
exceptions to the hiring freeze rule, except-
ing those member-nations which have 15 or
fewer nationals serving in the United Na-
tions Secretariat, or those positions not sub-
ject to geographical representation, such as
those of the general service category;
(4) the long-term, flagrant violations ofAr-
tieles 100 and 101 of the United Nations
Charter and the abuse of secondment by the
Soviet Union and Soviet-bloc member-na-
tions are reprehensible;
(5) the United Nations should adopt the
recommendations of the Group of 18 (as re-
ferred to in subsection (a)(3)) that no
member-nation be allowed to have more
than 50 percent of its nationals employed
under fixed-terra contracts;
(6) the Soviet Union is hereby condemned
for-
(A) its refusal to adhere to the principles
of the United Nations Charter calling for an
international civil service,
(B) its abuse of secondment, and
(C) its absolute disregard of the solemn
purpose of the United Nations to be an
international civil service; and
(7) if the Soviet Union and the Soviet-bloc
intend to remain member-nations of the
United Nations, they should adhere to Arti-
cles 100, 101, and all other principles of the
United Nations Charter to which every other
member-nation must adhere.
(dl DEFiNITIoN.-For the purposes of this
section. the term "Soviet-bloc" means the
countries of Bulgaria, Cuba, Czechoslova-
kia, East Germany, Hungary, Nicaragua,
North Korea, Poland, and Romania.
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H 11314 CONGRESSIONAL RECORD - HOTSE December 14, 1987
SEC. 702. REFORM IN THE BUDGET DECISION-MAKING
PROCEDURES OF THE UNITED NATIONS
AND ITS SPE(IALIZED AGENCIES
(a) FINDINas.-The Congress finds that the
consensus based decision-making procedure
established by General Assembly Resolution
41/213 is a significant step toward comply-
ing with the intent of section 143 of the For-
eign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 287e note; 99
Stat. 405), as in effect before the date of en-
actment of this Act.
(b) REiroRM.-Section 143 of the Foreign
Relations Authorization Act, Fiscal Years
1986 and 1987 (22 U.S.C. 287e note; 99 Stat.
405), is amended to read as follows:
".SEC. US. REFORM IN BUDGET DECISIONMAKING
PROCEDURES OF THE UNITED NATIONS
AND ITS SPECIA LIZED AGENCIES.
"(a) FINANCIAL RESPONSIBILITY IN BUDGET
PRocEDuREs.-To achieve greater financial
responsibility in preparation of the assessed
budgets of the United Nations and its spe-
cialized agencies, the President should con-
tinue vigorous efforts to secure implementa-
tion by the United. Nations, and adoption
and implementation by its specialized agen-
cies, of decision-making procedures on budg-
etary matters which assures that sufficient
attention is paid to the views of the United
States and other member states who are
major financial contributors to such as-
sessed budgets.
"(b) LIMITATION ON ASSESSED CONTRIBU-
TIONS.-
'(I) With respect to United States assessed
contributions to the United Nations for each
calendar year beginning with calendar year
1987-
"(A) 40 percent of the United States as-
sessed contributions may be paid beginning
on October 1 of such calendar year;
'(8) 40 percent of the United States as-
sessed contributions may be paid when the
President has determined and so reported to
the Congress that-
"M the consensus based decision-making
procedure established by General Assembly
Resolution 41/213 is being implemented and
its results respected by the General Assem-
bly;
"(ii) progress is being made toward the 50
percent limitation on seconded employees of
the Secretariat as calledfor by the Group of
High Level Intergovernmental Experts to
Review the Efficiency of the Administrative
and Financial Functioning of the United
Nations (Group of 18) ; and
'(iii) the 15 percent reduction in the staff
of the Secretariat (recommendations 55 and
57 of the Group of 18) is being implemented
and that such reduction is being equitably
applied among the nationals on such staff,,
and
"(C) 20 percent of the United States as-
sessed contributions may be paid beginning
on a date which is 30 days after receipt by
the Congress of the report described in sub-
paragraph (B) unless the Congress within
such 30-day period enacts, in accordance
with subsection (c), a joint resolution pro-
hibiting the payment of the remaining 20
percent of such funds.
"(2) In the case that the amount appropri-
ated for United States assessed contribu-
tions to the United Nations for a calendar
year is less than the full amount of such
United States assessed contributions for
that year, the final one-fifth of the amount
appropriated may only be paid-
"(A) after the President has made the de-
terminations and report specified in para-
graph (1)(B); and
"(B) beginning on a date which is 30 days
after receipt by the Congress of the report re-
ferred to in subparagraph (A) unless the
Congress within such 30-day period enacts,
in accordance with subsection (c), a joint
resolution prohibiting the payment of the re-
maining one fifth of such funds.
"(3) For each calendar year beginning
with calendar year 1987, no payment may be
made of an assessed contribution by the
United States to any of the specialized agen-
cies of the United Nations if such payment
would cause the United States share of the
total assessed budget for such agency to
exceed 20 percent in any calendar year
unless the President determines and so re-
ports to the Congress that such agency has
made substantial progress toward the adop-
tion and implementation of decision-
making procedures on budgetary matters in
a manner that substantially achieves the
greater financial responsibility referred to
in subsection (a).
"(4) Subject to the availability of appro-
priations, when the presidential determina-
tions referred to in paragraphs (1)(B), (2),
and (3) have been made, payment of as-
sessed contributions for prior years may be
made to the United Nations or its special-
ized agencies (as the case may be) without
regard to the contribution limitation con-
tained in this section prior to its being
amended by the Foreign Relations Authori-
zation Act, Fiscal Year 1988 and 1989.
"(c) DEFINITION AND PROCEDURES.-
'(1)(A) The provisions of this subsection
shall apply to the introduction and consid-
eration in the Senate of a joint resolution
described in. subsections (b)(1)(C) and (b)12).
"(B) For purposes of this subsection, the
term joint resolution' means only a joint
resolution introduced within 3 days after
the date on. which the report of the President
described in subsection (b)(1)(B) is received
by Congress, the matter after the resolving
clause of which is as follows: 'That' the pay-
ment to the United Nations of those contri-
butions described in section 10(b)(1)(C) of
the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987, is prohibited
'(2) A joint resolution introduced in the
Senate shall. be referred to the Committee on
Foreign Relations of the Senate. Such a
joint resolution may not be reported before
the 8th day after its introduction.
"(3) If the committee to which is referred a
joint resolution has not reported such joint
resolution for an identical joint resolution)
at the end of 15 days after its introduction,
such committee shall be deemed to be dis-
charged from further consideration of such
joint resolution and such joint resolution
shall be placed on the appropriate calendar
of the Senate.
"(4)(A) When the committee to which a
joint resolution is referred has reported or
has been deemed to be discharged (under
paragraph (3)) from further consideration
of, a joint resolution, it is at any time there-
after in order (even though a previous
motion to the same effect has been disagreed
to) for any Member of the Senate to move to
proceed to the consideration of the joint res-
olution, and all points of order against the
joint resolution (and against consideration
of the joint resolution) are waived. The
motion is privileged in the Senate and is not
debatable. The motion is not subject to
amendment or to a motion to postpone, or
to a motion to proceed to the consideration
of other business. A motion to reconsider the
vote by which the motion is agreed to or dis-
agreed to shall not be in order. If a motion
to proceed to the consideration of the joint
resolution is agreed to, the joint resolution
shall remain the unfinished business of the
Senate until disposed of
"(B) In the Senate, debate on the joint res-
olution, and on all debatable motions and
appeals in connection therewith, shall be
limited to not more than 10 hours, which
shall be divided equally between those favor-
ing and those opposing the joint resolution.
A motion further to limit debate is in order
and not debatable. An amendment to or a
motion to postpone, or a motion to proceed
to the consideration of other business, or a
motion to recommit the joint resolution is
not in order. A. motion to reconsider the vote
by which the joint resolution is agreed to or
disagreed to is not in order.
"(C) Immediately following the conclusion
of the debate on a joint resolution, and a
single quorum call at the conclusion of the
debate if requested in accordance with the
rules of the Senate, the vote on final passage
of the joint resolution shall occur.
"(D) Appeals from the decisions of the
Chair relating to the application of the
Rules of the Senate to the procedure relating
to a joint resolution shall be decided with-
out debate.
"(5) If, before the passage by the Senate of
a joint resolution of the Senate, the Senate
receives from the House of Representatives a
joint resolution, then the following proce-
dures shall apply.,
"(A) The joint resolution of the House of
Representatives shall not be referred to a
committee.
"(B) With respect to a joint resolution of
the Senate-
"(il the procedure in the Senate shall be
the same as if no joint resolution had been
received from the House of Representatives;
but
"(ti) the vote on final Passage shall be on
the joint resolution of the House of Repre-
sentatives.
"(6) This subsection is enacted by the Con-
gress-
"(A) as an exercise of rulemaking power of
the Senate, and as such it is deemed a part
of the rules of the Senate, but applicable
only with respect to the procedure to be fol-
lowed in the Senate in the case of a joint res-
olution, and. it supersedes other rules only to
the extent that it is inconsistent with such
rules; and
"(B) with full recognition of the constitu-
tional right of the Senate to change the rules
(so far as relating to the procedure of the
Senate) at any time, in the same manner
and to the same extent as in the case of any
other rule of the Senate.
(C) CONPOF wiNO AMENDMENT.-The table of
contents in section 1 of the Foreign Rela-
tions Authorization Act Fiscal Years 1986
and 1987 (22 U.S.C. 287e note; 99 Stat. 405)
is amended by striking out the item relating
to section 143 and inserting in lieu thereof
the following.,
"Sec. 143. Reform in the budget decision-
making procedures of the
United Nations and its special-
ized agencies. ".
"(e) TERMINATION DATE.-This section shall
terminate on September 30, 1989 ':
SEC. 701 HOUSING ALLOWANCES OF INTERNATIONAL
CIVIL SERVANT&
(a) UNITED STATES POLICY.-It is the policy
of the United States to seek the implementa-
tion by the United Nations of the recommen-
dation by the International Civil Service
Commission to deduct from the pay (com-
monly referred to as a "rental deduction") of
an international civil servant the amount of
any housing allowance or payment which is
provided by any member state to that inter-
national civil servant in accordance with
Article 100 of the Charter of the United Na-
tions and regulations thereunder.
(b) UNITED STATES AMBASSADOR TO THE
UNITED NATIONS.-The United States Ambas-
sador to the United Nations shall seek to
promote the adoption of the recommenda-
tion described in subsection (a).
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V W
December 14, 1987 CONGRESSIONAL RECORD - HOUSE H 11315
SEC. 704. UNITED STATES PARTICIPATION IN THE chaeological site of Tyre so as to preserve (4) VACANCIES.-Any vacancy in the mem-
UNITED NATIONS IF ISRAEL IS ILLE? this treasure for future generations. bership of the Commission shall be filled in
GALL Y EXPELLED. (b) EXTENSION OF MANDATE OF UNIFIL.- the same manner as the original appoint-
(a) GENERAL RULE.-The first sentence of The Secretary of State should request the ment was made.
section 115(b) of the Department of State Secretary General of the United Nations (b) ADvIsoRs.-Former United States Per-
Authorization Act, Fiscal Years 1984 and and the Security Council to extend the man- manent Representatives to the United Na-
1985 is amended to read as follows: "If Israel date of the United Nations Interim Force in tions who are not appointed to the Commis-
is illegally expelled, suspended, denied its Lebanon (UNIFIL) to include
Commission
its n, on to
credentials, or in any other manner denied the archaeological site of the ancient protection city of of serve shall
as advisors v invited the by the Commission,
right to participate in any principal or e as ato the mission.
its any Tyre. The Secretary of State is directed to (C) COMPENSATION AND TRAVEL EXPENSES. -
s ib ig t si, iary organ org agor ency of any the Uspecialized,
Nations. or tech- seek an order- prohibiting the purchase of (I) COMPENSATION IN GENERAL.-Except as
the United States shall o the United ni its isany artifact from Tyre by any person associ- provided in paragraph (2), each member of
potion in any such organ or agency until aced with the United Nations. the Commission may be compensated at not
the illegal action is reversed.": (c) REPORTING REQUIREMENT.-Not later to exceed the daily equivalent of the annual
(b) RULE OF CONSTRUCTION.-Such section than 6 months after the date of enactment of rate of basic pay in effect for grade GS-18 of
is further amended by adding at the end this Act, and every 12 months thereafter, for the General Schedule under section 5332 of
thereof the following: "Nothing in this sec- as long as the United Nations Interim Force title 5, United States Code, for each day
tion may be construed to diminish or to in Lebanon remains in Lebanon, the Secre- during which that member is engaged in the
affect United States participation in the tary of State shall report in writing to the actual performance of the duties of the Com-
United Nations Security Council or the chairman of the Committee on Foreign Re- mission.
Safeguards Program of the International lations of the Senate and the chairman of (2) GOVERNMENT PERSONNEL.-Members of
Atomic Energy Agency.,"the Committee on Foreign Affairs of the the Commission who are full-time officers or
SEC. 705. UNITED NATIONS PROJECTS WHOSE PRI? House of Representatives on the progress employees of the United States or Members
MARY PURPOSE IS TO BENEFIT THE made in implementing this section. of Congress shall receive no additional pay
PALESTINE LIBERATION ORGANIZA. PART B-UNITED STATES COMMISSION ON on account of their service on the Commis-
TION. IMPROVING THE EFFECTIVENESS OF THE sion.
Section 114(a) of the Department of State UNITED NATIONS (3) TRAVEL EXPENSES.-While away from
Authorization Act, Fiscal Year 1984 and SEC. 721. their homes or regular places of business in
1985 (22 U.S.C. 287e note) is amended- ESTABLISHMENT OF COMMISSION. the performance of services for the Commis-
(1) by redesignating paragraphs (3) 77te United States Commission on Improv- sion, members of the Commission, and Advi-
through (6) as paragraphs (4) through (7), ing the Effectiveness of the United Nations sons serving pursuant to subsection (b), shall
respectively; and (hereafter in this part referred to as the be allowed travel expenses, including per
(2) by inserting the following new para- "Commission") is hereby established. diem in lieu of subsistence, in the same
graph (3) after paragraph (2): SEC. 722. PURPOSES OF THE COMMISSION. manner as persons employed intermittently
"(3) 25 percent of the amount budgeted for (a) PURPOSES.-The purposes of the Com- in the Government service are allowed ex-
that year for the Special Committee to In- mission shall be to- penses under section 5703(b) of title 5,
vestigate Israeli Practices Affecting the (1) examine the United Nations system as United States Code.
Human Rights of the Population of the Oc- a whole and identify and evaluate its (d) CHAIRMAN AND VICE CHAIRMAN.-The
cupied Territories (or any similar successor strengths and weaknesses; and Chairman and Vice Chairman shall be elect-
entity);" (2) prepare and submit to the President ed by the Commission from among members
SEC. 706. PUBLIC ACCESS TO UNITED NATIONS WAR and to the Congress recommendations on of the Commission.
CRIMES COMMISSION FILES, ways to improve the effectiveness of the (e) QUORUM.-Nine members of the Com-
(a) FINDINGS.-The Congress finds that- United Nations system and the role of the mission shall constitute a quorum for pur-
(1) with the passing of time, it is impor- United States in the United Nations system, poses of transacting business, except that
tant to document fully Nazi war crimes and including the feasibility of and means for four members shall constitute a quorum for
crimes against humanity, lest the enormity implementing such recommendations. holding public hearings.
of those crimes be forgotten; and (b) CONSULTATION REGARDING OTHER SEC. 724. POWERS OF THE COMMISSION.
(2) the files of the United Nations War UNITED NATIONS REFORM EFFORTS.-In carry- (a) IN GENERAL.-For the purpose of carry-
Crimes Commission deposited in the ar- ing out this section, the Commission shall ing out this part, the Commission may hold
chives of the United Nations contain infor- make every effort to consult, where appro- such hearings (subject to the requirements of
mation valuable to our knowledge of the priate, with other public and private insti- subsection (b)) and sit and act at such times
genocidal actions of the Nazis, tutions and organizations engaged in efforts and places, take such testimony, and receive
(b) POLICY.-It is the sense of the Congress to reform the United Nations system, includ- such evidence as the Commission considers
port aby interested individuals and or- ing efforts being made directly under the necessary to fulfill the purposes specified in
ganiza ort access
bons to the files of the United Na- auspices of the United Nations. section 722.
p
tions War Crimes Commission deposited in SEC. 723. MEMBERSHIP OF THE COMMISSION. (b) MEETINGS.-
the archives of the United Nations. (a) MEMBERS.- (1) MINIMUM NUMBER OF PUBLIC HEARINGS.-
SEC 70Z REPORT ON POLICIES PURSUED BY OTHER (1) NUMBER AND APPOINTMENT.-The Com- The Commission shall hold a minimum of
COUNTRIES IN INTERNATIONAL ORGA? mission shall be composed of 16 members, five public hearings.
NIZA TIONS appointed as f ollows: (2) OPEN MEETINGS.-Section 552b of title 5
The last sentence of section 117 of the De- (A) Two Members of the Senate, one ap- of the United States Code shall apply with
partment of State Authorization Act, Fiscal Pointed by the President pro tempore of the respect to the Commission.
Years 1984 and 1985, is amended by insert- Senate and one appointed by the Minority (3) CALLING MEETINGS.-The Commission
ing before the period the following: ", togeth- Leader of the Senate. shall meet at the call of the Chairman of a
er with the amount and type of foreign as- (B) Two Members of the House of Repre- majority of its members.
sistance (if any) made available by the sentatives, one appointed by the Speaker of (c) DELEGATION OF AUTHORrrY.-When so
United States for the preceding fiscal year to the House and one appointed by the Minori- authorized by the majority of the Commis-
each such country under the Foreign Assist- ty Leader of the House. sion, any member or agent of the Commis-
ance Act of 1961, the Arms Export Control (C) Eight individuals from the private sion may take any action which the Com-
Act, the Export-Import Bank Act of 1945, sector, two appointed by the, President pro mission is authorized to take by this section.
and the Peace Corps Act". tempore of the Senate, two appointed by the (d) INFORMATION FROM FEDERAL AGENCIES.-
SEC. 708. PROTECTION OF TYRE BY THE UNITED NA. Minority Leader of the Senate, two appoint- The Commission may secure directly from
TIONS INTERIM FORCE IN LEBANON. ed by the Speaker of the House, and two ap- any Federal agency information necessary
(a) FINDINOs.-The Congress finds that- pointed by the Minority Leader of the to enable it to carry out this part. Upon re-
(1) the archaeological site of the ancient House. quest of the Chairman of the Commission,
city of Tyre is an important part of the her- (D) Four individuals appointed by the the head of any such Federal agency shall
itage of the people of Lebanon and of people President, not more than two of whom may furnish such information to the Commis-
everywhere; be from the same political party. sion, to the extent authorized by law; except
(2) war and civil strife threaten the sur- (2) CRITERION FOR APPOINTMENTS.-Individ- that the head of any Federal agency to
vival of the archaeological site at Tyre; uals appointed pursuant to subparagraphs which a request for information is provided
(3) the purchase of artifacts from Tyre, in- (C) and (D) of paragraph (1) shall be repre- pursuant to this subsection may deny access
cluding purchases allegedly made by troops sentative, to the maximum extent possible, to such information, or make access subject
of the United Nations Interim Force in Leb- of the full range of American society. to such terms and conditions as the head of
anon (UNIFIL), is encouraging illegal exca- (3) APPOINTMENTS To BE MADE PROMPTLY.- that agency may prescribe, on the basis that
vation and looting of the Tyre site; and All appointments pursuant to paragraph (1) the information in question is classified and
(4) the United Nations Interim Force in shall be made not later than 60 days after the Commission does not have adequate pro-
Lebanon (UNIFIL) could best protect the ar- the effective date of this part, cedures to safeguard the information in
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H 11316
CONGRESSIONAL RECORD - HOUSE December 14, 1987
question, or that the Commission does not
have a need to know the classified informa-
tion. In addition, a Federal agency may not
provide the Commission with information
that could disclose intelligence sources or
methods without first securing- the approval
of the Director of Central Intelligence. The
head of any such Federal agency may pro-
vide information on a reimbursable basis.
SEC. 725. STAFF.
(a) STAFF MEMBERS AND CONSULTANTS.-Sub-
ject to such rules as may be adopted by the
Commission, the Chairman of the Commis-
sion, without regard to the provisions of
title S. United States Code, governing ap-
pointments in the competitive service and
without, regard to the provisions of chapter
51 and subchapter III of chapter 53 of such
title relating to classifications and General
Schedule pay rates, may-
(1) appoint a Director who shall be paid at
a rate not to exceed the rate of basic pay in
effect for Level V of the Executive Schedule
under section 5316 of title 5,. United States
Code;
(2) appoint and fix the compensation of
such other staff personnel as the Chairman
considers-necessary; and
(3) procure temporary and intermittent
services to the same extent as is authorized
by section 3109(b) of title 5, United States
Code,
(b) DETAILING OP GOVERNMENT PERSON-
NEL.-Uporr request of the Commission, the
head of any -Federal agency may detail, on a
reimbursable basis, any of the personnel of
that agency to-the Commission to assist it
in carrying out this part.
SEC. 729 REPORT.
The Commission shall transmit to the
President and to the-Congress a report con-
taining a detailed statement of the findings,
conclusions, and recommendations of the
Commission, including minority views. This
report shall be transmitted not later than 18
months after the date on which all members
of the Commission have been appointed.
SEC. 727. FUNDING FOR THE COMMISSION.
(a) COMMISSION To BE PRIVATELY FUNDED.-
The Commission may accept and use contri-
butions from private United States sources
to carry out this part. No Federal funds may
be made available to the Commission for use
in carrying out this part.
(b) LIMITATION ON SIZE OF CONTR/BUTIONS.-
The Commission may not accept contribu-
tions from any single source which have a
value of more than-
(1) $100,000, or
(2) 20 percent of the total of all contribu-
tions accepted by the Commission.
(C) COMMISSION APPROVAL OF CERTAIN CON-
TRIBUTIONS.-The Commission may accept
contributions having a value of $1,000 or
more from a single source only if more than
two-thirds of the members of the Commis-
sion have approved the acceptance of those
contributions.
(dl DISCLOSURE OF CON7RIBUT70NS.-
(1) PERIODIC REPORTS To CONGRESS.-Every
30 days, the Commission shall submit to the
chairman of the Committee on Foreign Af-
fairs of the House of Representatives, and to
the chairman of the Committee on Foreign
Relations of the Senate, a list of the source
and amount of each contribution accepted
by the Commission during the preceding 30
days.
(2) FINAL REPORT:-The source and amount
of each contribution accepted by the Com-
mission shall be listed in the report submit-
ted pursuant to section 726.
(e) LIMITATION ON OBLIGATIONS AND EXPEND-
rruREs. Notwithstanding subsection (a), the
limitations o -expenditures and obligations
in section 1341 of title 31, United States
Code, shall apply to the Commission.
SEC. 728. GENERAL ACCOUNTING OFFICE AUDITS OF
THE COMMISSION.
The provisions of subchapter II of chavter
7 of title 31 of the United States Code (relat-
ing to the general duties and powers of the
General Accounting Office) shall apply with
respect to the programs and activities of the
Commission, including the receipt, disburse-
ment, and use of funds contributed to the
Commission, to the same extent as those
provisions apply with respect to other agen-
cies of the United States Government.
SEC. 729, TERMINATION OF THE COMMISSION.
The Commission shall cease to exist. 60
days after submitting its report pursuant to
section 726.
SEC 739 EFFECTIVE DATE
This part shall take. effect on March 1,
1989.
PART C-OTHER INTERNATIONAL
ORGANIZATIONS
SEC. 74I. PRIVILEGES AND IMMUNITIES TO OFFICES
OF MISSION TO THE UNITED STATES OF
THE COMMISSION OP THR EUROPEAN
COMMUNITIES.
The Act entitled "An Act to extend diplo-
matic privileges and immunities to the. Mis-
sion to the United States of America of the
Commission of the European Communities
and the members thereof, approved October
18, 1972 (86 Stat. 815), is amended by adding
at the end the following: "Under such terms
and conditions as the President may deter-
mine, the President is authorized to extend
to other-offices. of the Commission of the Eu-
ropean Communities which are established
in the- United States, and to members there-
of-
"(1) the privileges and immunities de-
scribed in the preceding sentence; or
"(2) as appropriate for the functioning of
a particular office, privileges and immuni-
ties, equivalent to those accorded consular
premises, consular officers, and consular
employees, pursuant to the Vienna Conven-
tion on Consular Relations.":
SEC. 742. CONTRIBUTION TO THE REGULAR BUDGET
OF THE INTERNATIONAL COMMITTEE
OF THE RED CROSS AND SENSE OF
CONGRESS CONCERNING RECOGNITION
OF RED SHIELD OF DAVID.
(a) UNITED STATES CON7RIBu77oN.-Pursu-
ant to the provisions of section 109 of the
Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987, the Secretary of State
shall make an annual contribution to the
regular budget of the International Commit-
tee of the Red Cross of an amount which is
not less than 10 percent of its regular
budget. Such contribution may be made
from the funds authorized to be appropri-
ated by section 104 for "Migration and Refu-
gee Assistance"
(b) LIMITATION ON CONTRIBUTIONS.-Not-
withstanding subsection (a), for fiscal year
1988, the United' States contribution to the
regular budget of the International Commit-
tee of the Red Cross shall not exceed nor be
less than the amount contributed by the
United States to the regular budget of the
International Committee of the Red Cross
in fiscal year 1987.
(c) RECOGNITION OP THE RED SHIELD OP
DAVID.-It is the sense of the Congress that a
diplomatic conference of governments
should grant identical status of recognition
to the Red, Shield of David (Magen David
Adorn) as that granted to the Red Cross and
the Red Crescent and that the Red Shield of
David Society of Israel should be accepted
as a fall member of the Leagueof Red Cross
Societies and the quadrennial International
Conferences, of the Red Cross.
SEC. 743. IMMUNITIES FOR THE INTERNATIONAL
COMMI7 EE OF THE RED CROSS
The International -Organizations Immuni-
ties Act is amended by inserting after sec-
Lion 12 (22 U.S.C. 288f-2) the following new
section:
"Sec. 13. The International Committee of
the Red. Cross, in view of its unique status
as an impartial humanitarian body named
in the Geneva Conventions of 1949 and as-
sisting in their implementation, shall be
considered to be an international organiza-
tion for the purposes of this title and may be
extended the provisions of this title in the
same manner, to thesame extent, and sub-
ject to the same conditions, as such provi-
sions may be extended to a public interna-
tional organization in which the United
States participates pursuant to any treaty
or under the authority of any Act of Con-
gress authorizing such participation or
making an appropriation for such partici-
pation.":
SEC. 744. NORTH ATLANTIC ASSEMBLY.
(a) APPOINTMENT OF SECRETARIES TO THE
NORTH ATLANTIC ASSEMBLY DELEGATIONS.-
Section 1 of the joint resolution entitled
"Joint Resolution to authorize participa-
tion by the United States in parliamentary
conferences of the North Atlantic Treaty Or-
ganization": approved. July 11, 1956 (22
U.S.C. 1928b; Public Law 84-689), is amend-
ed by adding at the end thereof the following
new sentences: "Each delegation shall have
a secretary. The secretaries of the Senate
and House delegations shall be- appointed,
respectively. by the Chairman of the Com-
mittee on Foreign Relations of the Senate
and the Chairman of the Committee on For-
eign Affairs of the House of Representa-
tives. ".
(bl AT mossLATroN of APPROPRIATIONS.-
Section 2 of such joint resolution is amend-
ed-
(11 by striking out "$50,000" and inserting
in lieu thereof "$75,000"; and
(2) by striking out "$25,000" the first place
it appears and inserting in lieu thereof
"$50,000":
SEC. 745. UNITED STATES MEMBERSHIP IN INTER-
GOVERNMENTAL COMMITTEE FOR Ell.
ROPEAN MIGRATION.
The President is hereby authorized to con-
tinue membership for the United States in
the IntergovernmentalCommittee for Euro-
pean Migration. in accordance with its con-
stitution approved in Venice, Italy, an Octo-
ber. 19, 1953, and, upon entry into force of
the amendments to such. constitution ap-
proved in Geneva,. Switzerland, on May 20,
1987, to continue membership in the organi-
zation under the name International Orga-
nization for Migration in accordance with
such constitution and amendments. For the
purpose of assisting in the movement of ref-
ugees and migrants and to enhance the eco-
nomic progress of the developing countries
by providing for a. coordinated supply of se-
lected manpower, there are hereby author-
ized to be appropriated such amounts as
may be necessary from time to time for the
payment by the United States of its contri-
butions to the Committee and all necessary
salaries and expenses incidental to United
States participation in the Committee.
SEC. 748. RECOGNITION OF CARICOM.
It is the sense of the Congress that the Sec-
retary of State should consider recognizing
the Caribbean Community and Common
Market (CARICOM) as a regional planning
organization in the Caribbean.
SEC. 747. ASIAN-PACIFIC REGIONAL HUMAN RIGHTS
CONVENTION.
Not later than 180 days after the date of
enactment of this Act, the Secretary of State
shall submit a report to the Congress
which-
(1) examines the nature and extent of
human rights problems in the Asian-Pacific
region; and
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE H 11317
(21 assesses the willingness of the countries
in the region to negotiate a regional human
rights convention similar to the American
Convention on Human Rights, the Confer-
ence on Security and Cooperation in
Europe, and the African Charter on Peoples'
and Human Rights.
TITLE VIII-INTERNATIONAL NARCOTICS
CONTROL
SEC. 801. ASSIGNMENT OF DRUG ENFORCEMENT AD-
MINISTRATION AGENTS ABROAD.
If the Secretary of State, in exercising his
authority to establish overseas staffing
levels for Federal agencies with activities
abroad, authorizes the assignment of any
Drug Enforcement Administration agent to
a particular United States mission abroad,
the Secretary shalt authorize the assignment
of at least two such agents to that mission.
SEC. sex Qt/ARTERLV REPORTS ON PROSECUTION OP
THOSE RESPONSIBLE FOR TAE TOE
TURE AND MURDER OF DRUG EN-
FORCEMENT ADMINISTRATION AGENTS
IN MEXICO
Section 134(c) of the Foreign Relations Au-
thorization Act; Fiscal Years 1986 and 1987,
is amended by striking out "progress made
in the Camarena case," and inserting in lieu
thereof "progress made in investigating, and
prosecuting those responsible for, the 1985
murders of Drug Enforcement Adminis?ra-
tion agent Enrique Camarena Salazar and
his pilot Alfredo Zavata Avelar and the 1986
detention and torture of Drug Enforcement
Administration agent Victor Cortez,
Junior,':
SEC. 803. REQUIREMENT THAT EXTRADITION OF
DRUG TRAFFICKERS BE A PRIORITY
ISSUE OF UNITED STATES MISSION) IN
MAJOR ILLICIT DRUG PRODUCING OR
TRANSIT COUNTRIES
The Secretary of State shall ensure that the
Country Plan for the United States diplo-
matic mission in each major illicit drag
producing country and in each major drug-
transit country fat thane terms are defined
in section 481(ii of the Foreign. Assistance
Act of 19611 includes; as an objective to be
pursued by the mission-
(1) negotiating an updated extradition
treaty which ensures that dray traffickers
can be extradited to the United States; or
(2) if an existing treaty provides for such
extradition, taking such steps as may be
necessary to ensure that the treaty is effec-
tively implemented.
SEC. 8" INFQRMATION S,IARINC SYSTEM SO THAT
VISAS ARK DENIED TO DRUG TRAF-
FICKERS
Not later than 90 days after the date of en-
actment of this Act, the Secretary of State
shall submit to the Congress a report on the
status of the comprehensive information
system on drug arrests of foreign nationals
which was required to be established by sec-
tion 132 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1986 and 1987.
SEC. 805. CERTIFICATION PROCEDURES FOR DRUG
PRODUCING AND DRUG-TRANSIT COUN-
TRIES AND INCLUSION OF SPECIFIC
AGENCY COMMENTS
(a) REPORT.-Section 481(e) of the Foreign
Assistance Act of 1961 is amended by adding
at the end thereof the following new para-
graph:
"(71 Each report pursuant to this subsec-
tion shall include specific comments and
recommendations by appropriate Federal
agencies involved in drag enforcement; in-
eluding the United States Customs Service
and the Drug Enforcement Administration,
with respect to the degree to which countries
listed in the report have cooperated fatly
with such agencies during the preceding
year as described in subsection (h). ".
(b) RESO.U7TON OF D/StPPROVAL.-.Section
481(h) of the Foreign Assistance Act of 1961
is amended in subparagraph (Al, by striking
out "30" and inserting in Item thereof 45';
SEC. 88L SANCTIONS ON DRUG PRODUCING AND
DRUG-TRANSIT COUNTRIES
(a) SANcTiotin-Section 802 of the Trade
Act of 1974 is amended-
(11 in subsection (a)-
(A) by striking out "or" at the end of para-
graph (3);
(B) by redesignating paragraph (4) as
paragraph (6);
(C) by amending paragraph (6), as so re-
designated; to read as follows:
"(6) take any combination of the actions
described in paragraphs (1) through (5).";
and
(D) by inserting after paragraph (3) the
following new paragraphs:
"(4) take the steps described in subsection
(dN1l or (d)(2), or both, to curtail air trans-
portation between the United States and
that country;
"(5) withdraw the personnel and resources
of the United States from participation in
any arrangement with that country for the
pre-clearance of customs by visitors between
the United States and that country; or"
(2) in subsection (b)-
(A) in paragraph (14 by inserting "corrup-
tion by government officials and" after
'preventing and punishing';
(B) in paragraph (2)(A4 by striking out
"and" at the end thereof'
(C) in paragraph (21(B), by striking out
the period at the end thereof and inserting
en lieu thereof `,-and'; and
(Dl by adding at the end thereof the fol-
lowing new clause:
"(C) has taken the legal and law enforce-
ment steps necessary to eliminate, to the
maximum extent possible, corruption by
government officials, with particular em-
phasis on the elimination of bribery."; and
(3) in subsection (cl, by inserting 'para-
graph (1), (2), or (3) of" after "under"; and
(4) by adding at the end thereof the follow-
ing new subsection:
"(d) PRESIDENTIAL AC7TON REOARDnva AV/A-
77oM-
"f1)(Al The President is authorized to
notify the government of a country against
which is imposed the sanction described in
subsection (x)(41 of his intention to suspend
the authority of foreign air carriers owned
or controlled by the government or nation-
ale of that cow trjr to engage in foreign air
transportation to arfrom the United States.
"(B) Within 10 days after the date of noti-
fication of a government under subpara-
graph (A), the Secretary of Transportation
shall take all steps necessary to suspend at
the earliest possible date the authority of
any foreign air carrier owned or controlled,
directly or indirectly by the. government or
nationals of that country to engage in for-
eign. air transportation to or from the
United States, notwithstanding any agree-
ment relating to air services.
'YC) The President may also direct the
Secretary of Transportation to take such
steps as may be necessary to suspend the au-
thority of any air carrier to engage in for-
eign air transportation between the United
States and that country.
"(21(A) The President may direct the Secre-
tary of State to terminate any air service
agreement between the United States and a
country against which the sanction de-
scribed in subsection fa1(4) i8 imposed in
accordance with the provisions of that
agreement.
"(B) Upon termination of an agreement
under this paragraph, the Secretary of
Transportation shall take such steps as may
be necessary to revoke at the earliest possi-
ble date the right of any foreign air carrier
owned, or controlled; directly or indirectly,
by the government or nationals of that
country to engage in foreign air transporta-
tion to or from the United States.
"(C) Upon termination of an agreement
under this paragraph, the Secretary of
Transportation may also revoke the author-
ity of any air carrier to engage in foreign
air transportation between the United
States and that country.
"(3) The Secretary of Transportation may
provide for such exceptions from paragraphs
(1) and (2) as the Secretary considers neces-
sary to provide for emergencies in which the
safety of an aircraft or its crew or passen-
gers is threatened.
"(4) For purposes of this subsection, the
terms 'air transportation, 'air carrier, for-
eign air carrier' and foreign air transporta-
tion' have the meanings such terms have
under section 101 of the Federal Aviation
Act of1958 (49 U.S.C. App. 1301).";
(b) CONFORMING AMENDMENT.-The title
heading of title VIII of the Trade Act of 1974
is amended to read as follows: "TITLE
VIII-TARIFF TREATMENT OF PROD-
UCTS OF, AND OTHER SANCTIONS
AGAINST, UNCOOPERATIVE MAJOR
DRUG PRODUCING OR DRUG-TRANSIT
COUNTRIES"(CI ALIENS EXCLUDABLE FHOBI ADMISSION TO
THE UNITED STATEs.-Section 212(a)(23) of
the Immigration and Nationality Act (8
U.S.C. 1182(a)(23)) is amended to read as
follows:
"(23) Any alien who-
"(Al has been convicted of a violation of
or a conspiracy to violate, any law or regu-
lation of a State, the United States, or a for-
eign country relating to a controlled sub-
stance (as defined in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802)); or
"(B) the consular officers or immigration
officers know or have reason to believe is or
has been an illicit trafficker in any such
controlled substance or is or has been a
knowing assistor, abettor, conspirator, or
colluder with others in the illicit trafficking
in any such controlled substance; ";
TITLE IX-IMMIGRATION AND REFUGEE
PROVISIONS
SEC. 8N. PRiNIIRITION RN EXCLUSION OR DEPORTA-
TION OF ALIENS ON' CERTAIN
GROUNDS
(a) IN GENERAL.-Notwithstanding any
other provision of law, no alien may be
denied a visa or excluded from admission
into the United States; subject to restric-
tions or conditions on entry into the United
States, or subject to deportation because of
any past, current, or expected beliefs, state-
ments, or associations whick, if engaged in
by a United States citizen in the United
States, would be protected under the Consti-
tution of the United States.
(b) CONSTRUCTION REGARDING' EXCLUDABLE
ALIEIm-Nothing in this section shall be
construed as affecting the existing authority
of the executive branch to deport to deny is-
suance of a visa to, or to deny admission to
the United States of, any alien-
(11 for reasons of foreign policy or nation-
al security, except that such deportation or
denial may not be based on past; current; or
expected beliefs, statements, or associations
which, if engaged in by a United States citi-
zen in the United States, would be protected
under the Constitution of the United States;
(21 who a consular official or the Attorney
General knows or has reasonable ground to
believe has engaged, in an individual capac-
ity or as a member of an organization, in a
terrorist activity or is likely to engage after
entry in a terrorist activity or
(3) who seeks to enter in an official capac-
ity as a representative of a purported labor
organization in a country where such orga-
nizations are in fact instruments of a totali-
tarian state:
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H 11318 CONGRESSIONAL RECORD - HOUSE December 14, 1987
in addition, nothing in subsection (a) shall
be construed as applying to an alien who is
described in section 212(a)(33) of the Immi-
gration and Nationality Act (relating to
those who assisted in the Nazi persecutions),
to an alien described in the last sentence of
section 101(a)(42) of such Act (relating to
those assisting in other persecutions) who is
seeking the benefits of section 207, 208,
243(h)(1), or 245A of such Act (relating to
admission as a refugee, asylum, withholding
of deportation, and legalization), or to an
alien who is described in section 21(c) of the
State Department Basic Authorities Act of
1956. In paragraph (2), the term "terrorist
activity" means the organizing, abetting, or
participating in a wanton or indiscrimi-
nate act of violence with extreme indiffer-
ence to the risk of causing death or serious
bodily harm to individuals not taking part
in armed hostilities.
(C) CONSTRUCTION REGARDING STANDING TO
SUE.-Nothing in this section shall be con-
strued as affecting standing in any Federal
court or in any administrative proceeding.
(d) EFFECTIVE PERIOD.-Subsection (a)
shall only apply to-
(1) applications for visas submitted
during 1988;
(2) admissions sought after December 31,
1987, and before March 1, 1989; and
(3) deportations based on activities occur-
ring during 1988 or for which deportation
proceedings (including judicial review with
respect to such a proceeding) are pending at
any time during 1988.
SEC. 902. ADJUSTMENT TO LAWFUL RESIDENT
STATUS OF CERTAIN NATIONALS OF
COUNTRIES FOR WHICH EXTENDED
VOLUNTARY DEPARTURE HAS BEEN
MADE AVAILABLE.
(a) ADJUSTMENT OF STATUS.-The status of
any alien who is a national of a foreign
country the nationals of which were provid-
ed (or allowed to continue in) "extended vol-
untary departure" by the Attorney General
on the basis of a nationality group determi-
nation at any time during the 5-year period
ending on November 1, 1987, shall be adjust-
ed by the Attorney General to that of an
alien lawfully admitted for temporary resi-
dence if the alien-
(1) applies for such adjustment within two
years after the date of the enactment of this
Act;
(2) establishes that (A) the alien entered
the United States before July 21, 1984, and
(B) has resided continuously in the United
States since such date and through the date
of the enactment of this Act;
(3) establishes continuous physical pres-
ence in the United States (other than brief,
casual, and innocent absences) since the
date of the enactment of this Act;
(4) in the case of an alien who entered the
United States as a nonimmigrant before
July 21, 1984, establishes that (A) the alien's
period of authorized stay as a nonimmi-
grant expired not later than six months
after such date through the passage of time
or (B) the alien applied for asylum before
July 21, 1984; and
(5) meets the requirements of section
245A(a)(4) of the Immigration and Nation-
ality Act (8 U.S.C. 1255a(a)(4)).
The Attorney General shall provide for the
acceptance and processing of applications
under this subsection by not later than 90
days after the date of the enactment of this
Act.
(b) STATUS AND ADJUSTMENT OF STATUS.-The
provisions of subsections (b), (c)(6), Id), (f),
(g), (h), and (i) of section 245A of the Immi-
gration and Nationality Act (8 U.S.C. 1255a)
shall apply to aliens provided temporary
residence under subsection (a) in the same
manner as they apply to aliens provided
lawful temporary residence status under sec-
tion 245A (a) of such Act.
SEC. 903. PROCESSING OF CCR.4N NATIONALS FOR
ADMISSION TO THE UNITED STATES
(a) PROCESSING OF CERTAIN CUBAN POLITI-
CAL PRISONERS As REFUGEES.-In light of the
announcement of the Government of Cuba
on November 20, 1987 that it would reimple-
ment immediately the agreement of Decem-
ber 14, 1984 establishing normal migration
procedures between the United States and
Cuba, on and after the date of the enactment
of this Act, consular officers of the Depart-
ment of State and appropriate officers of the
Immigration and Naturalization Service
shall, in accordance with the procedures ap-
plicable to such cases in other countries,
process any application for admission to the
United States as a refugee from any Cuban
national who was imprisoned for political
reasons by the Government of Cuba on or
after January 1, 1959, without regard to the
duration of such imprisonment, except as
may be necessary to reassure the orderly
process of available applicants.
(b) PROCESSING OF IMMIGRANT VISA APPLICA-
TIONS OF CUBAN NATIONALS IN THIRD COUN-
TRIES.-Notwithstanding section 212(f) and
section 243(g) of the Immigration an Na-
tionality Act, on and after the date of the en-
actment of this Act, consular officers of the
Department of State shall process immi-
grant visa applications by nationals of
Cuba located in third countries on the same
basis as immigrant visa applications by na-
tionals of other countries.
(c) DEFINITIONS.-For purposes of this sec-
tion:
(1) The term "process" means the accept-
ance and review of applications and the
preparation of necessary documents and the
making of appropriate determinations with
respect to such applications.
(2) The term "refugee" has the meaning
given such term in section 101(a)(42) of the
Immigration and Nationality Act.
SEC. 904. INDOCHINESE REFUGEE RESETTLEMENT.
(a) FINDINGS.-It is the sense of the Con-
gress that-
(1) the continued occupation of Cambodia
by Vietnam and the oppressive conditions
within Vietnam, Cambodia, and Laos have
led to a steady flight of persons from those
countries, and the likelihood for the safe re-
patriation of the hundreds of thousands of
refugees in the region's camps is negligible
for the foreseeable future;
(2) the United States has already played a
major role in responding to the Indochinese
refugee problem by accepting approximately
850,000 Indochinese refugees into the United
States since 1975 and has a continued inter-
est in persons who have fled and continue to
flee the countries of Cambodia, Laos, and
Vietnam;
(3) Hong Kong, Indonesia, Malaysia,
Singapore, the Philippines, and Thailand
have been the front line countries bearing
tremendous burdens caused by the flight of
these persons;
(4) all members of the international com-
munity bear a share of the responsibility for
the deterioration in the refugee first asylum
situation in Southeast Asia because of slow
and limited procedures, failure to imple-
ment effective policies for the region's "long-
stayer" populations, failure to monitor ade-
quately refugee protection and screening
programs, particularly along the Thai-Cam-
bodian and Thai-Laotian borders, and the
instability of the Orderly Departure Pro-
gram (ODP) from Vietnam which has served
as the only safe, legal means of departure
from Vietnam for refugees, including Amera-
slans and long-held "reeducation camp"
prisoners;
(5) the Government of Thailand should be
complemented for allowing the United
States to process ration card holders in
Khao I Dang and potentially qualified im-
migrants in Site 2 and in Khao I Dang;
(6) given the serious protection problem in
Southeast Asian first asylum countries and
the need to preserve first asylum in the
region, the United States should continue its
commitment to an ongoing, generous admis-
sion and protection program for Indochi-
nese refugees, including urgently needed
educational programs for refugees along the
Thai-Cambodian and Thai-Laotian borders,
until the underlying causes of refugee flight
are addressed and resolved;
(7) the executive branch should seek ade-
quate funding levels to meet United States
policy objectives to ensure the well-being of
Indochinese refugees in first asylum, and to
process 29,500 Indochinese refugees within
the overall refugee admissions level of 68,000
as determined by the President; and
(8) the Government of Thailand should be
complimented for the progress that has been
made in implementing an effective antipir-
acy program.
(b) RECOMMENDATIONS.-The Congress finds
and recommends the following with respect
to Indochinese refugees:
(1) The Secretary of State should urge the
Government of Thailand to allow full access
by highland refugees to the Lao Screening
Program, regardless of the method of their
arrival or the circumstances of their appre-
hension, and should intensify its efforts to
persuade the Government of Laos to accept
the safe return of persons rejected under the
Lao Screening Program.
(2) Refugee protection and monitoring ac-
tivities should be expanded along the Thai-
Laotian border in an effort to identify and
report on incidents of refugees forcibly repa-
triated into Laos.
(3) The Secretary of State should urge the
Government of Thailand to address immedi-
ately the problems of protection associated
with the Khmer along the Thai-Cambodian
border. The Government of Thailand, along
with appropriate international relief agen-
cies, should develop and implement a plan
to provide for greater security and protec-
tion for the Khmer at the Thai border.
(4) The international community should
increase its efforts to assure that Indochi-
nese refugee camps are protected, that refu-
gees have access to a free market at Site 2,
and that international observers and relief
personnel are present on a 24-hour-a-day
basis at Site 2 and any other camp where it
is deemed necessary.
(5) The Secretary of State should make
every effort to identify each person at Site 2
who may qualify for admission to the
United States as an immigrant and for hu-
manitarian parole.
(6) The United Nations High Commission-
er for Refugees should be pressed to upgrade
staff presence and the level of advocacy to
revive the international commitment with
regard to the problems facing Indochinese
refugees in the region, and to pursue volun-
tary repatriation possibilities in cases where
monitoring is available and the safety of the
refugees is assured.
(c) ALLOCATIONS OF REFUGEE ADMISSIONS.-
Given the existing connection between on-
going resettlement and the preservation of
first asylum, the United States and the
United Nations High Commissioner for Ref-
ugees should redouble efforts to assure a
stable and secure environment for refugees
while dialog is pursued on other long-range
solutions, it is the sense of the Congress
that-
(1) within the worldwide refugee admis-
sions ceiling determined by the President,
the President should continue to recommend
generous numbers of admissions from East
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
Asia first asylum camps and from the Order-
ly Departure Program sufficient to sustain
preservation of first asylum and security for
Indochinese in Southeast Asia, consistent
with worldwide refugee admissions require-
ments and the consultative processes of the
Refugee Act of 1980;
(2) within the allocation made by the
President for the Orderly Departure Pro-
gram from Vietnam, the number of admis-
sions allocated for Amerasians and their im-
mediate family members should also be gen-
erous;
(3) renewed international efforts must be
taken to address the Problem of Indochinese
refugees who have lived in campsfor 3 years
or longer; and
(4) the Secretary of State should urge the
United Nations High Commissioner for Ref-
ugees to organize immediately an interna-
tional conference to address the problems of
Indochinese refugees.
(d) REPORTING.-The President shall
submit a report to Congress within 180 days
after the date of the enactment of this Act on
the respective roles of the Immigration and
Naturalization Service and the Department
of State in the refugee program with recom-
mendations for improving the effectiveness
and efficiency of the Program.
SEC. 905. AMERASIAN CHILDREN IN VIET VA:W..
(a) FINDINGS AND DECIACATIONS.-The Con-
gress makes the following findings and dec-
larations:
(1) Thousands of children in the Socialist
Republic of Vietnam were fathered by Amer-
ican civilians and military personnel.
(2! It has been reported that many of these
Amerasian children are ineligible for ration
cards and often beg in the streets, peddle
black market wares, or prostitute them-
selves.
(V The mothers of Amerasian children in
Vietnam are not eligible for government jobs
or employment in government enterprises
and many are estranged from their families
and are destitute.
(4) Amerasian children and their families
have undisputed ties to the United States
and are of particular humanitarian concern
to the United States.
(5) The United States has a longstanding
and very strong commitment to receive the
Amerasian children in Vietnam, if they
desire to come to the United States.
(6) In September 1984, the United States
informed the Socialist Republic of Vietnam
that all Amerasian children in Vietnam,
their mothers, and qualifying family mem-
bers would be admitted as refugees to the
United States during a three-year period.
(7) Amerasian emigration from Vietnam
increased significantly in fiscal year 1985
under the Orderly Departure Program of the
United Nations High Commissioner on Ref-
ugees.
(8) On January 1, 1986, the Socialist Re-
Public of Vietnam unilaterally suspended
interviews of all individuals seeking to leave
Vietnam legally under the auspices of the
Orderly Departure Program for resettlement
in the United States.
(9) On the 19th and 20th of October 1987,
the Socialist Republic of Vietnam permitted
the United States to resume interviewing
Amerasians and their families.
(b) SENSE OF THE CoNGRESs.-It is the sense
of the Congress that-
(1) the United States should maintain its
strong commitment to receive the Amera-
sian children in the Socialist Republic of
Vietnam and their families;
(2) the Socialist Republic of Vietnam
should cooperate fully in facilitating the
processing of all Amerasians who desire to
be resettled in the United States; and
(3) the Socialist Republic of Vietnam
should cooperate fully in the processing of
Amerasians for emigration.
SEC. 906. REFUGEES FROM SOUTHEAST ASIA
(a) FINDINGS:-The Congress finds that-
(1) the United States remains firmly com-
mitted to the security of Thailand and to
improving relations between our two na-
tions:
(2) the United States refugee resettlement
and humanitarian assistance programs con-
stitute an important factor in bilateral rela-
tions between the United States and Thai-
land;
(3) the preservation of first asylum for
those fleeing persecution is one of the pri-
mary objectives of the United States refugee
program;
(4) the actions of another government in
labeling refugee Populations as "displaced
persons" or closing its borders to new arriv-
als shall not constitute a barrier to the
United States considering those individuals
or groups to be refugees;
(5) it is in the national interest to facili-
tate the reunification of separated families
of United States citizens and permanent
residents, and the Congress will look with
disfavor on any nation which seriously
hinders emigration for such reunifications;
(6) the persecution of the Cambodian
people under the Khmer Rouge rule from
1975-1979, which caused the deaths of up to
two million people and in which the bulk of
the Khmer people were subjected to life in
an Asian Auschwitz, constituted one of the
clearest examples of genocide in recent his-
tory; and
(7) the invasion of Cambodia by Vietnam
and the subsequent occupation of that coun-
try by 140,000 Vietnamese troops backing up
the Heng Samrin regime, which itself con-
tinues to seriously violate the kuman rights
of Cambodians, and the presence of 40,090
heavily armed troops under the control of
the sane Rhrner Rouge leaders, overwhelm-
ingly demonstrate that the life or freedom of
any Cambodian not allied with the Khmer
Rouge or supporting Heng Samrin would be
seriously endangered if such individual
were forced by a country of first asylum to
return to his or her homeland
(b) STATEMENT of POLICY.-It is the sense of
the Congress that-
(11 any Cambodians who are, or had been,
at Khao I Dang camp should be considered
and interviewed for eligibility for the
United States refugee Program, irrespective
of the date they entered Thailand or that ref-
ugee camp
(Z) any Cambodian rejected for admission
to the United States who can demonstrate
new or additional evidence relating to his
claim should have his or her case reviewed;
(3) the United States should work with the
United Nations High Commissioner for Ref-
ugees, the International Committee of the
Red Cross, and the Government of Thailand
to improve the security of all refugee facili-
ties in Thailand and to prevent the forced
repatriation of Cambodiax refugees;
(4! the United States should treat with
utmost seriousness the continued reports of
forced repatriations to Laos of would-be
asylum seekers, and should lodge strong and
continuous protests with the Thai Govern-
ment to bring about an end to these repatri-
ations, which endanger the life and safety of
those involuntarily returned to Laos; and
(5) within the Orderly Departure Program
the United States will give high priority con-
sideration to determining the eligibility of
serious health cases and cases involving
children separated from both parents.
SEC 907. QELE45E OF YANG WEL
(a) FmrDrNGS -The Congress makes the fol-
lowingfindings:
H 11319
(1) Yang Wei, a Chinese national, studied
at the University of Arizona from 1983 until
he received his masters of science degree in
microbiology in 1986.
(2) In May 1986 Yang Wei returned to
China to marry Dr. Che Shaoli and arrange
for funding for his continued studies under
a PhD program at the University of Arizona.
(3) On January 11, 1987, while stilt an of-
ficial student at the University of Arizona,
Yang Wei was arrested by the Shanghai
Public Security Bureau.
(4) Yang Wei has been held without charge
or trial since January 11, 1987..
(5) Mr. Yang's wife, a student at Baylor
Medical College in Houston, Texas, has been
refused any information about her hus-
band's whereabouts or condition by Chinese
authorities.
(6) Mr. Yang's father, Yang Jue, and his
mother Bi Shuyun, have been denied all con-
tact with their son.
(7) The Chinese Criminal Procedure law of
1979, sections 92, 97, 125, and 142 provides
for a maximum of four and a half months of
detention without charge or trial and Yang
Wei has now been held over six months, con-
trary to Chinese law.
(8) Yang Wei has not committed any
crime under United States or Chinese law.
(91 Yang Wet and his wife only aspire to
freedom and democracy.
(10) The treatment of Mr. Yang and his
family is frightening to all Chinese students
now studying in the West and meant to be
so by Chinese authorities.
(11) Recently more than two thousand
Chinese students signed an open letter to ex-
press their concern about recent political de-
velopments in their country.
(b! Poucr.-It is the sense of Congress
that-
(1) the People's Republic of China should
immediately release Yang Wei; and
(2) the United States should consider sym-
pathetically applications for asylum from
Chinese students studying in the United
States who can, on a case-by-case basis,
demonstrate a well-founded fear of Persecu-
tion.
TIRE X-ANTI-TERRORISM ACT OF 1987
SEC 100/. SHORT TITLE.
This title may be cited as the Anti-Terror-
ism Act of 1987'.
SEC. /00Z. FINDINGS; DETERMINATIONS
(a) F/NDtNGS.-The Congress finds that-
(1) Middle East terrorism accounted for 60
percent of total international terrorism in
1985;
(2) the Palestine Liberation Organization
(hereafter in this title referred to as the
"PLO") was directly responsible for the
murder of an American citizen on the
Achille Lauro cruise liner in 1985, and a
member of the PLO's Executive Committee
is under indictment in the United States for
the murder of that American citizen;
(3) the head of the PLO has been implicat-
ed in the murder of a United States Ambas-
sador overseas;
(4) the PLO and its constituent groups
have taken credit for, and been implicated
in, the murders of dozens of American citi-
zens abroad;
(5) the PLO covenant specifically states
that "armed struggle is the only way to liber-
ate Palestine, thus it is an overall strategy,
not merely a tactical phase"
;
(6) the PLO rededicated itself to the "con-
tinuing struggle in all its armed forms" at
the Palestine National Council meeting in
April 1987,? and
(7) the Attorney General has stated that
"various elements of the Palestine Libera-
tion Organization and its allies and affili-
ates are in the thick of international terror"
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1111320 CONGRESSIONAL RECORD - HOSE December 14, 1987
(b) DETERMINATIONS.-Therefore, the Con-
gress determines that the PLO and its affili-
ates are a terrorist organization and a
threat to the interests of the United States, it
allies, and to international law and should
not benefit from operating in the United
States.
SEC. 1003. PROHIBITIONS REGARDING THE PLO.
It shall be unlawful, if the purpose be to
further the interests of the Palestine Libera-
tion Organization or any of its constituent
groups, any successor to any of those, or any
agents thereof, on or after the effective date
of this title-
(1) to receive anything of value except in-
formational material from the PLO or any
of its constituent groups, any successor
thereto, or any agents thereof,
(2) to expend funds from the PLO or any
of its constituent groups, any successor
thereto, or any agents thereof, or
(3) notwithstanding any provision of law
to the contrary, to establish or maintain an
office, headquarters, premises, or other fa-
cilities or establishments within the juris-
diction of the United States at the behest or
direction of, or with funds provided by the
Palestine Liberation Organization or any of
its constituent groups, any successor to any
of those, or any agents thereof.
SEC. 1004. ENFORCEMENT.
(a) ATTORNEY GENERAL.-The Attorney
General shall take the necessary steps and
institute the necessary legal action to effec-
tuate the policies and provisions of this
title.
(b) RELIEF.-Any district court of the
United States for a district in which a viola-
tion of this title occurs shall have authority,
upon petition of relief by the Attorney Gen-
eral, to grant injunctive and such other eq-
uitable relief as it shall deem necessary to
enforce the provisions of this title.
SEC. 1005. EFFECTIVE DATE.
(a) EFFECTIVE DATE.-Provisions of this
title shall take effect 90 days after the date
of enactment of this Act.
(b) TERMINATION.-The provisions of this
title shall cease to have effect if the Presi-
dent certifies in writing to the President pro
tempore of the Senate and the Speaker of the
House that the Palestine Liberation Organi-
zation, its agents, or constituent groups
thereof no longer practice or support terror-
ist actions anywhere in the world.
TITLE XI-GLOBAL CLIMATE PROTECTION
SEC. 1101. SHORT TITLE,
This title may be cited as the "Global Cli-
mate Protection Act of 1987":
SEC. 1101. FINDINGS
The Congress finds as follows:
(1) There exists evidence that manmade
pollution-the release of carbon dioxide,
chlorofluorocarbons, methane, and other
trace gases into the atmosphere-may be
producing a long term and substantial in-
crease in the average temperature on Earth,
a phenomenon known as global warming
through the greenhouse effect.
(2) By early in the next century, an in-
crease in Earth temperature could-
(A) so alter global weather patterns as to
have an effect on existing agricultural pro-
duction and on the habitability of large por-
tions of the Earth,- and
(B) cause thermal expansion of the oceans
and partial melting of the polar ice caps
and glaciers, resulting in rising sea levels.
(3) Important research into the problem of
climate change is now being conducted by
various United States Government and
international agencies, and the continu-
ation and intensification of those efforts
will be crucial to the development of an ef-
fective United States response.
(4) While the consequences of the green-
house effect may not be fully manifest until
the next century, ongoing pollution and de-
forestation may be contributing now to an
irreversible process. Necessary actions must
be identified and implemented in time to
protect the climate.
(5) The global nature of this problem will
require vigorous efforts to achieve interna-
tional cooperation aimed at minimizing
and responding to adverse climate change;
such international cooperation will be
greatly enhanced by United States leader-
ship. A key step in international coopera-
tion will be the meeting of the Governing
Council of the United Nations Environment
Program, scheduled for June 1989, which
will seek to determine a direction for world-
wide efforts to control global climate
change.
(6) Effective United States leadership in
the international arena will depend upon a
coordinated national policy.
SEC. 1103. MANDATE FOR ACTION ON THE GLOBAL
CLIMATE.
(a) GOALS OF UNITED STATES POLICY.-
United States policy should seek to-
(1) increase worldwide understanding of
the greenhouse effect and its environmental
and health consequences;
(2) foster cooperation among nations to
develop more extensive and coordinated sci-
entific research efforts with respect to the
greenhouse effect;
(3) identify technologies and activities to
limit mankind's adverse effect on the global
climate by-
(A) slowing the rate of increase of concen-
trations of greenhouse gases in the atmos-
phere in the near term; and
(B) stabilizing or reducing atmospheric
concentrations of greenhouse gases over the
long term; and
(4) work toward multilateral agreements.
(b) FORMULATION OF UNITED STATES
PoLIcy.-The President, through the Envi-
ronmental Protection Agency, shall be re-
sponsible for developing and proposing to
Congress a coordinated national policy on
global climate change. Such policy formula-
tion shall consider research findings of the
Committee on Earth Sciences of the Federal
Coordinating Council on Science and Engi-
neering Technology, the National Academy
of Sciences, the National Oceanic and At-
mospheric Administration, the National Sci-
ence Foundation, the National Aeronautic
and Space Administration, the Department
of Energy, the Environmental Protection
Agency, and other organizations engaged in
the conduct of scientific research.
(C) COORDINATION OF UNITED STATES POLICY
IN THE INTERNATIONAL ARENA.-The Secretary
of State shall be responsible to coordinate
those aspects of United States policy requir-
ing action through the channels of multilat-
eral diplomacy, including the United Na-
tions Environment Program and other
international organizations. In the formula-
tion of these elements of United States
policy, the Secretary of State shall, under the
direction of the President, work jointly with
the Administrator of the Environmental
Protection Agency and other United States
agencies concerned with environmental pro-
tection, consistent with applicable Federal
law.
SEC. 1101. REPORT TO CONGRESS
Not later than 24 months after the date of
enactment of this Act, the Secretary of State
and the Administrator of the Environmental
Protection Agency shall jointly submit to all
committees of jurisdiction in the Congress a
report which shall include-
(1) a summary analysis of current interna-
tional scientific understanding of the green-
house effect, including its environmental
and health consequences;
(2) an assessment of United States efforts
to gain international cooperation in limit-
ing global climate change; and
(3) a description of the strategy by which
the United States intends to seek further
international cooperation to limit global
climate change.
SEC. 1105. INTERNATIONAL YEAR OF GLOBAL CLI-
MATE PROTECTION.
In order to focus international attention
and concern on the problem of global warm-
ing, and to foster further work on multilat-
eral treaties aimed at protecting the global
climate, the Secretary of State shall under-
take all necessary steps to promote, within
the United Nations system, the early desig-
nation of an International Year of Global
Climate Protection.
SEC. 1106. CLIMATE PROTECTION AND UNITED
STA TES-SO VIET BELA TIONS
In recognition of the respective leadership
roles of the United States and the Soviet
Union in the international arena, and of
their joint role as the world's two major pro-
ducers of atmospheric pollutants, the Con-
gress urges that the President accord the
problem of climate protection a high priori-
ty on the agenda of United States-Soviet re-
lations.
TITLE XII-REGIONAL FOREIGN RELATIONS
MATTERS
PART A-SOVIET UNION AND EASTERN
EUROPE
SEC. 1201. SOVIET BALLISTIC MISSILE TESTS NEAR
HAWAII.
(a) FINDINGS.-The Congress finds that-
(1) the Union of Soviet Socialist Republics
and the United States are presently negoti-
ating a reduction of nuclear weapons and
have recently concluded an agreement with
respect to reducing the risks of accidental
nuclear war;
(2) the Soviet Union has recently conduct-
ed two tests of its heavy intercontinental
ballistic missiles over trajectories similar to
those which could be used in actual attacks
on the Hawaiian Islands;
(3) the announced impact points for re-
entry vehicles from these tests could have re-
sulted in the overflight of sovereign United
States territory, namely the Hawaiian Is-
lands;
(4) the Soviet Union reportedly encrypted
telemetry from the flight tests in potential
violation of the provisions of bilateral arms
control agreements;
(5) the Soviet Union used a directed
energy device, believed to be a laser, to irra-
diate a United States military aircraft in
international airspace that was monitoring
the tests, having the potential effect of inter-
fering with our national technical means of
verification;
(6) had this test misfired, Soviet ballistic
missile test reentry vehicles could have
landed among the Hawaiian Islands; and
(7) the United States does not test strate-
gic missiles in the direction of or in close
proximity to sovereign Soviet territory.
(b) SENSE OF THE CONGRESS.-It is the sense
of the Congress that-
(1) the actions of the Soviet Union in test-
ing intercontinental ballistic missiles in the
Hawaiian region and irradiating United
States monitoring aircraft are provocative,
unnecessary, and inconsistent with behav-
ior designed to reduce the risk of nuclear
war,
(2) the United States Government-
(A) should officially and at the highest
levels protest these actions by the Soviet
Union and should inform the Soviet Union
that it cannot tolerate flight tests in close
proximity to sovereign United States terri-
tory or interference with United States mon-
itoring aircraft; and
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
(B) should seek Soviet assurances that
such missile testing near United States terri-
tory and irradiation of United States terri-
tory and irradiation of United States air-
craft will not occur in the future; and
(3) the President should, within 10 days of
the date of enactment of this Act, report to
the Congress in both classified and unclassi-
fied form, on-
(A) the details of these Soviet missile tests,
including the irradiation of the United
States monitoring aircraft,-
(B) Soviet explanations offered in re-
sponse to United States protests; and
(C) what steps will be taken to ensure that
such activities will not happen in the future.
SEC. 1202. EMIGRATION OF JEWS AND OTHERS WHO
WISH TO EMIGRATE FROM THE SOVIET
UNION.
It is the sense of the Congress that the
Government of the Soviet Union should-
(1) permit the emigration of Jews and
others who wish to emigrate from the Soviet
Union;
(2) remove restrictions on the practice of
religion and the exercise of cultural rights;
and
(3) cease the official harassment of indi-
viduals who wish to emigrate, practice their
religion, exercise their cultural rights, or
engage in free intellectual pursuits.
SEC. 1203. SYSTEMATIC NONDELIVERY OF LVTERNA.
TIONAL MAIL ADDRESSED TO CERTAIN
PERSONS RESIDING WITHIN THE
SOVIET UNION.
It is the sense of the Congress that-
(1) the President should express to the
Government of the Soviet Union the disap-
proval of the United States regarding the
systematic nondelivery of international
mail; and
(2) at the Congress of the Universal Postal
Union in Washington, District of Columbia,
in 1989, the Department of State should
bring to the attention of other member coun-
tries of the Universal Postal Union patterns
of nondelivery of international mail by the
Soviet Union contrary to the Acts of the
Universal Postal Union and the delegation
of the United States should ask other
member countries to support the adoption of
amendments to the Universal Postal Con-
vention and other measures to encourage
improved postal performance by the Soviet
Union.
SEC. 1204. UNITED STATES POLICY AGALI:ST PERSE-
CUTION OF CHRISTIANS IN EASTERN
EUROPE AND THE SOVIET UNION.
It is the sense of the Congress that-
(1) the President should continue to ex-
press to the governments of the Union of
Soviet Socialist Republics and Eastern Eu-
ropean countries the deep concern and op-
position of the United States with respect to
the harassment of Christians and other reli-
gious believers;
(2) the governments of the Union of Soviet
Socialist Republics and Eastern European
countries should comply with their commit-
ments under the United Nations Universal
Declaration of Human Rights, the Interna-
tional Covenants on Human Rights, the
Final Act of the Conference on Security and
Cooperation in Europe, and the Madrid
Concluding Document; and
(3) the governments of the Union of Soviet
Socialist Republics and Eastern European
countries should immediately cease perse-
cuting individuals on the basis of their faith
and should afford Christians and other be-
lievers their internationally recognized right
to freedom of religion.
SEC. 1205. OBSERVANCE BY THE GOVERNMENT OF
ROMANIA OF THE HUMAN RIGHTS OF
HUNGARIANS IN IRA NS YL VA NIA.
The Congress deplores activities of the
Government of the Socialist Republic of Ro-
H 11321
nized human rights of Hungarians and abuse of internationally recognized human
other nationalities in Transylvania and rights by the Government of Cuba.
elsewhere in Romania. (b) SENSE OF CoNGRESs.-It is the sense of
SEC 1206. SELF-DETERMINATION OF THE PEOPLE the Congress that-
FROM THE BALTIC STATES OF ESTO. (1) the Government of Cuba should respect
NIA, LATVIA, AND LITHUANIA. internationally recognized human rights,
It is the sense of the Congress that- including freedom of movement, emigration,
(1) the continuing desire and right of the opinion, and expression; and
people of the Baltic States of Estonia, (2) the United States delegation to the
Latvia, and Lithuania for freedom and in- United Nations should continue its com-
dependence from the Soviet Union should be mendable efforts to bring this issue before
recognized; and the attention of the United Nations and to
(2) the President should- place Cuban human rights abuses on the
(A) direct world attention to the right of agenda of the United Nations Human
self-determination of the people of the Baltic Rights Commission.
States by issuing on July 26, 1988, a state- (c) DISTRIBUTION OF TEXT TO U.N. MEM-
ment that officially informs all member na- BERS.-The Secretary of State shall cause the
tions of the United Nations of the support of text of this section to be circulated by the
the United States for self-determination of United States among the members of the
all peoples and nonrecognition of the forced United Nations in order to highlight Cuba's
incorporation of the Baltic States into the behavior in violation of the Universal Dec-
Soviet Union; laration of Human Rights.
(B) call attention to violations of interns- SEC 1212. PARTIAL LIFTING OF THE TRADE EMBAR-
tionally recognized human rights in the GO AGAINST NICARAGUA.
Baltic States; and It is the sense of Congress that the Presi-
(C) promote compliance with the human dent should exempt from the trade embargo
rights and humanitarian provisions of the against Nicaragua those items which would
Helsinki Final Act of the Conference on Se- benefit Nicaragua's independent print and
curity and Cooperation in Europe in the broadcast media, private sector and trade
Baltic States. union groups, nongovernmental service or-
SEC. 1207. ASSISTANCE IN SUPPORT OF DEMOCRACY ganizations, and the democratic civic oppo-
IN POLAND. sition.
(a) SUPPORT FOR SOLIDARITY.-It is the SEC. 1213. TERRORIST BOMBING IN HONDURAS.
sense of the Congress that- (a) FINDINGS.-The Congress finds that-
(1) Solidarity deserves special praise and (1) a terrorist bomb exploded on August 8,
recognition as the only free and independ- 1987, in the China Palace restaurant in Co-
ent trade union in Poland; mayagua, Honduras;
(2) Solidarity reflects the Polish people's (2) the bomb was directed at American sol-
desire for free and democratic institutions diers and did in fact wound American sol-
and activities; and diers and an American contractor,'
(3) Solidarity is one of the leading demo- (3) the United States military personnel
cratic representatives of the Polish working were in Honduras assigned to Joint Task
people. Force Bravo;
(b) ASSISTANCE IN SUPPORT OF DEMOCRACY IN (4) Honduran authorities have named Al-
PoLAND.-Notwithstanding any other provi- fonso Guerrero Ulloa as a suspect in this act
sion of law, of the amounts authorized to be of terrorism and have a warrant for his
appropriated to carry out chapter 4 of part arrest;
II of the Foreign Assistance Act of 1961 (re- (5) the Government of Mexico, contrary to
lating to the economic support fund) for accepted norms of international law on har-
fiscal year 1988, not less than $1,000,000 boring terrorists, has granted asylum to Mr.
shall be available only for the unconditional Guerrero, and
support of democratic institutions and ac- (6) the United States Government has pro-
tivities in Poland. tested to the Government of Mexico.
PART B-LA TIN AMERICA AND CUBA (b) STATEMENT OF POLICY.-It is the sense of
SEC. 1211. CUBAN HUMAN RIGHTS VIOLATIONS AND the Congress that-
THE FAILURE OF THE UNITED NATIONS (1) the United States Congress deplores the
TO PLACE CUBA ON ITS HUMAN RIGHTS harboring of international terrorists, and
AGENDA. (2) the United States Government should
(a) FINDINGS.-The Congress finds that- call upon the Government of Mexico to turn
(1) the Universal Declaration of Human Mr. Guerrero over to the Government of
Rights, which was adopted and proclaimed Honduras.
by the General Assembly of the United Na- SEC. 1214. HUMAN RIGHTS IN PARAGUAY.
tions, states in paragraph 2 of Article 13 (a) FINDINGS.-The Congress finds that-
that "Everyone has the right to leave any (1) the Government of Paraguay system-
country, including his own, and to return to atically has violated the internationally rec-
his country", ognized human rights of its citizens;
(2) the Universal Declaration of Human (2) various provisions of Paraguayan law
Rights states in Article 19 that `Everyone provide for the detention of individuals
has the right to freedom of opinion and ex- without trial for an indefinite period of
pression; this right includes freedom to hold time,.
opinions without interference and to seek, (3) the police authorities in Paraguay ar-
receive, and impart information and ideas bitrarily arrest and detain individuals; and
through any media regardless of frontiers'; (4) the police authorities have tortured
(3) the Government of Cuba has violated and abused prisoners, resulting in the death
the Cuban people's internationally recog- of a number of detainees.
nized human rights, including freedom of (b) SENSE OF CONGRESS.-The Congress ex-
movement, emigration, opinion, and expres- presses its outrage at the human rights
sion; abuses specified in subsection (a), pledges to
(4) Cuban human rights violations are a continually speak out against all govern-
major obstacle to improved United States- ments which commit such abuses, and urges
Cuban relations; and the Government of Paraguay to respect the
(5) the United Nations Human Rights internationally recognized human rights of
Commt h td Z t
ss on as
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d
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ace se ec ve y xn a
- its citizens.
dressing human rights violations in various PART C-AFRICA
countries and has failed to place Cuba on
its agenda despite overwhelming evidence of SEC. 1221. HUMAN RIGHTS IN ETHIOPIA.
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_ CONGRESSIONAL RECORD - HSE December 14, 1987
(1) the Government of Ethiopia has sys-
tematically violated the internationally rec-
ognized human rights of its citizens;
(2) the Government of Ethiopia holds
large numbers of political prisoners and reg-
ularly detains without trial many other po-
litical opponents of the government;
(3) the Government of Ethiopia engages in
torture and ill-treatment of political prison-
ers;
(4/ reliable reports indicate that many po-
litical opponents of the Government of Ethi-
opia "disappear" and that approximately
sixty political prisoners were executed in
October 1985 without benefit of trial; and
(5) over one million Ethiopians have fled
the country.
(b) SENSE OF CONGRESS.-The Congress ex-
presses its outrage at the human rights
abuses specified in subsection (a), pledges to
continually speak out against all govern-
ments which commit such abuses, and urges
the Government of Ethiopia to respect the
internationally recognized human rights of
its citizens.
SEC. 1221 11NITEB STATES POLICY ON ANGOLA.
(a) FINDINas.-The Congress finds that-
(1) it is in the interest of peace and eco-
nomic development in southern Africa for
the President and the Secretary of State to
discuss the conflict in Angola with Soviet
leaders;
(2) the President has stated that the reso-
lution of regional conflicts such as Angola,
Afghanistan, and Nicaragua is critical to
improvements in Soviet=American relations;
(3) the proposed summit between Presi-
dent Reagan and Secretary General Gorba-
chev provides the United States with an op-
portunity to encourage complete Soviet-
Cuban withdrawal from Angola, the possible
provision of humanitarian assistance, and
the holding 4f free and fair elections;
(4) the Marxist regime in Angola known as
the Popular Movement for Liberation of
Angola thereafter in this section referred to
as the "MPLA") is currently launching a
major dry-season offensive against the oppo-
sition involving thousands of Cuban troops
and billions of dollars in sophisticated
Soviet weaponry;
(5) the people of Angola are starving be-
cause of the hardships resulting from 12
years of civil war and inefficient Marxist
economic policies;
(6) the MPLA regime has turned to the
international community for substantial
food aid while continuing to spend most of
Angola's national budget on sustaining the
war effort, including payments for Cuban
troops and Soviet arms; and
(7) the growing intensity of the war, the
starvation and mounting suffering of the
Angolan people, the continued presence in
Angola of 37,000 Cuban combat troops and
South African forces, the continued presence
and active involvement of 2,500 Soviet mili-
tary advisers, and the refusal of the MPLA
to negotiate with the opposition, increase
the urgency of reaching a peaceful solution.
(b) POLICY.-It is the sense of the Congress
that-
(1) the United States should continue to
work toward a peaceful resolution to the An-
golan conflict that includes-
(A) the complete withdrawal of all foreign
forces and Soviet military advisers;
(B) a negotiated settlement to the 12-year
conflict leading to the formation of a gov-
ernment of national unity and the holding
offree and fair elections; and
(C) efforts by the President and the Secre-
tary of State to convey to Soviet leaders at
the proposed summit and in other meetings
that the aggressive military build-up in
Angola undermines positive bilateral rela-
tions and that the United States is commit-
led to supporting democratic forces in
Angola until democracy is achieved;
(2) the people of Angola should not be left
to starve because of the MPLA regime;
(3) the United States should. consider re-
sponding to the humanitarian needs of the
Angolan people, and if humanitarian assist-
ance is provided, such assistance should be
distributed in an evenhanded manner, so
that Angolans throughout the entire war-
torn country are provided with food and
basic medical care;
(4) any humanitarian assistance should be
distributed through private and voluntary
organizations or nongovernmental organi-
zations; and
(5) within 180 days after the date of the
enactment of this Act, the Secretary of State
should prepare and transmit to the Congress
a report detailing the progress of discussions
between the Soviet Union and the United
States on the conflict in Angola.
SEC. 1223. FORCED DETENTION BY TAE AFRICAN .NA-
T70NAL CONGRESS AND THE SOC7'N AF-
RICAN GOVERNMENT
Not later than 90 days after the date of en-
actment of this Act, the Secretary of State
shall submit a report to the Congress on any
detention camps maintained by the African
National Congress and on detention in
South Africa since the South African Gov-
ernment enacted a State of Emergency in
June 1986.
SEC 1224. DE7EN7701V OF CHILDREN IN SO(71!
AFRICA.
(a) FINDmos.-The Congress finds that-
(1) the Government of the Republic of
South Africa under its system of apartheid
repeatedly has detained black children with-
out charge or trial, and has denied parental
access to these children for extended periods
of time;
(2) the Detainees' Parents' Support Com-
mittee of South Africa has compiled infor-
mation estimating that more than 25,000
people were detained since June 12, 1986,
under state of emergency regulations. and
approximately 1&000 of these were children,
including some as young as age 10;
(3) the Government of the Republic of
South Africa has stated on numerous occa-
sions that it has detained children without
charge, and that on a certain day in Decem-
ber 1986, 256 children under the age of 16
were in detention; that on a certain day in
February 1987, 281 children under the age of
15 were in detention; that on a certain day
in April 1987, 1,424 children under the age of
18 were in detention; and that on a certain
day in May 1987, 280 children under the age
of 16 were in detention; and that as of June
2, stated that eleven children under the age
of 16 were in detention; and as of October,
69 children under the age of 18 are still in
detention; and
(4) human rights groups in South Africa
estimate that many more children have been
detained under state of emergency regula-
tions than the Government of the Republic
of South Africa admits;
(5) the state of emergency regulations
allow for the detention of individuals with-
out charge for an indefinite period of time,
and
(6) the United States Ambassador to South
Africa Edward J. Perkins has stated that
such detentions are "a most serious abuse of
human rights, particularly so where detain-
ees are children as young as 11":
(b) POLICY.-The Congress hereby-
(1) calls for the cessation of the practice of
detaining children under 18 years of age
without charge or trial in South Africa;
(2) calls for the South African Government
either to release all children in South Africa
held under state of emergency regulations
and other laws which authorize detention
without charge or, in those cases where an
internationally recognized criminal act has
allegedly been committed, charge them and
allow them their rights of a fair and public
trial;
(3) pending the release of the children,
calls on the Government of the Republic of
South Africa to-
(A) permit the detained children immedi-
ate and frequent access to parents and legal
counsel;
(B) make public the names and locations
of all the detained children;
(C) provide the detained children with
adequate food, clothing, and protection; and
ID) permit a recognized, independent, and
impartial international humanitarian orga-
nization to verify that the provisions of this
section are being carried out and that the
detained children are not being abused, tor-
tured, or held in solitary confinement, and
are not being held in detention in the com-
pany of adults; and
14) calls for the apprehension and trial of
all those individuals who execute children
by violent activities, including necklacing,
and the cessation of these activities.
PART D-,MIDDLE EAST
SEC. 1231. MIDDLE EAST PEA CE CONFERENCE
(a) FINDINGS.-The Congress finds that-
(1) the General Assembly of the United Na-
tions recognized the sovereignty of the State
of Israel through Resolution 181 of 1947 and
the right of all Israeli citizens to live within
secure and recognized boundaries through
Resolutions 242 and 338 of 1973;
(2) the Government of the Soviet Union
severed diplomatic relations with the State
of Israel in 1967 and has opposed every
recent United States initiative for direct, bi-
lateral negotiations among the warring par-
ties of the Middle East including the Camp
David accords of 1979 and the Reagan plan
of 1982;
(3J the Government of the Soviet Union
has further. demonstrated its lack of respect
for the integrity of the Israeli state by sys-
tematically denying exit visas to Soviet
Jews who wish to live and work in the State
of Israel; and
14) a permanent and equitable settlement
of the Middle Eastern conflict can result
only from agreements between the Arab
States and Israel.
(b) PoLicy.-It is the sense of the Congress
that the United States should not actively
encourage the participation of the Soviet
Union in any conference, meeting, or
summit on the Arab-Israeli conflict which
includes nations other than those in the
Middle East unless the Government of the
Soviet Union has either.
(1JIA) reestablished diplomatic relations
with the State of Israel at the ambassadorial
level;
(B) publicly reaffirmed its acceptance of
United Nation Resolutions 242 and 338; and
(C) substantially increased and main-
tained the number of exit visas granted to
Jewish individuals and families within the
Soviet Union who have applied for emigra-
tion to the State of Israel; or
121 been jointly invited by the govern-
ments of the states in the region involved in
the talks.
SEC 1232. UNITED STATES POLICY TOWARD LEBA-
NON.
(al FINDINGS.-The Congress makes the fol-
lowing findings:
(1) After nearly 13 years of civil conflict
and foreign intervention, the situation in
Lebanon appears no closer to resolution.
(2) Through most of the last dozen years,
the Lebanese have managed to continue eco-
nomic activity sufficient to stave off eco-
nomic collapse and provide its citizens with
basic necessities.
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
(3) During the past year, however, the col-
lapse in the value of the Lebanese pound
from less than 40 to the dollar to nearly 300
has made the importation of wheat, rice,
and other basic commodities prohibitively
expensive.
(4) As a result, for the first time, the Leba-
nese are faced with the prospect of starva-
tion.
(5) Hizballah and other radical elements
are taking advantage of the current econom-
ic crisis by providing foreign supplied food.
In so doing, they are winning converts to
their cause and radicalizing the youth.
(6) It is in the interest of the United States
to support the traditional Lebanese free en-
terprise system of distribution of food which
until now has been able to compete success-
fully with these radical movements.
(b) SENSE OF CONGRESS.-It is the sense of
the Congress that the United States should
base its policy toward Lebanon on the fol-
lowing principles:
(1) Preservation of the unity of Lebanon.
(2) Withdrawal of all foreign forces from
Lebanon.
(3) Recognition of and respect for the ter-
ritorial integrity of Lebanon.
(4) Reassertion of Lebanese sovereignty
throughout the nation and recognition that
it is the responsibility of the Government of
Lebanon for its safekeeping.
(5) Reestablishment of the authority of the
Government of Lebanon throughout the
nation is a prerequisite for a lasting solu-
tion to the problem of international terror-
ism emanating from Lebanon.
(c1 FURTHER SENSE OF CONGRESS.-It is the
further sense of Congress that the provision
of at least 200,000 tons of wheat and 30,000
tons of rice through Public Law 480, Title I
and Section 416 of the Agriculture Act of
1949 to the Government of Lebanon is in the
interest of the United States. Provision of
this assistance will meet the United States
policy objective of strengthening the Central
Government as well as helping alleviate a
serious hunger problem.
SEC. 1233. ACTING IN ACCORDANCE WITH I.NTER.NA-
TIONAL LA W IN THE PERSIAN GULF.
(a) FINDINGS.-The Congress makes the fol-
lowing findings:
(1) According to Article 2 of the 1958
Geneva Convention on the High Seas, every
state is entitled to exercise free and open use
of the high seas for the navigation of its ves-
sels.
(2) On September 22, 1987, United States
Navy forces discovered the Iranian ship
Iran Ajr laying mines in international
waters of the Persian Gulf, and fired upon
that ship to help terminate the mining.
(3) On September 23, 1987, President
Reagan declared that this United States
action was "authorized by law", and a state-
ment was issued by the State Department
that the United States had the right under
international law to use "reasonable and
proportionate force" to terminate the
mining.
(b) PoLIcy.-It is the sense of the Congress
that-
(1) by mining the high seas of the Persian
Gulf without notifying nonbelligerent na-
tions engaged in maritime commerce, the
Government of Iran violated international
law;
(2) the use of force by the United States
Navy to terminate that Iranian mining was
justified under international law; and
(3) fostering broader adherence to interna-
tional law promotes the security interests of
the United States.
SEC. 1234. UNITED STATES POLICY TOWARD THE
IRAN-IRAQ WAR
(a) FINDINGS.-The Congress finds that-
(1) the continuation of the Iran-Iraq war
threatens the security and stability of all
states in the Persian Gulf,'
(2) stability in the Persian Gulf and the
flow of oil is critical to world trade and the
economic health of the West;
(3) the conflict between Iran and Iraq
threatens United States strategic and politi-
cal interests in the region;
(4) the conflict threatens international
commercial shipping interests and activi-
ties; and
(5) the Iran-Iraq war has continued seven
years with more than 1,500,000 casualties.
(b) POLICY.-The Congress declares it to be
the policy of the United States consistent
with United Nations Security Council Reso-
lution 598-
(1) to support the withdrawal of both Iran
and Iraq to internationally recognized
boundaries;
(2) to support an immediate cease-fire;
(3) to endorse the peaceful resolution of
this conflict under the auspices of the
United Nations;
(4) to encourage all governments to re-
frain from providing military supplies to
any party which refuses to abide by United
Nations Security Council Resolution 598;
(5) to recognize that stability and security
in the Persian Gulf will only be achieved if
Iran and Iraq are at peace and agree not to
interfere in the affairs of other nations
through military action or the support of
terrorism; and
(6) to urge strict observance of interna-
tional humanitarian law by both sides and
to support financially the International
Committee of the Red Cross' special appeal
for prisoners of war.
SEC. 1235. IRAN HUMAN RIGHTS VIOLATIONS
(a) FINDINGS.-The Congress finds that-
(1) the United Nations has passed nine
resolutions condemning the violation of
human rights in Iran;
(2) the United Nations Subcommission on
Prevention of Discrimination and Protec-
tion of Minorities stressed in Resolution
1987-12 that to date, more than two-hundred
thousand Iranians have been imprisoned,
tortured or executed because of their beliefs;
(3) the United Nations Commission on
Human Rights confirms seven thousand exe-
cutions in Iran between 1978 and 1985, and
attests that the actual number is probably
much higher;
(4) despite the persistent requests over the
past six years by the United Nations and by
many human rights organizations that the
Iranian Government allow a special repre-
sentative of the United Nations Security
Council to inspect Iranian prisons and to
determine the true extent of torture in Iran,
such requests have been ignored by the Ira-
nian Government;
(5) executions, including executions of
children and members of religious minori-
ties, still take place in Iran;
(6) the Khomeini government has brought
the domestic economy of Iran to the brink of
ruin by pouring the resources of the country
into war making;
(7) Iran has rejected all proposals to end
the seven year Iran-Iraq war;
(8) Iran has not responded positively to
United Nations Security Council Resolution
598 which calls for an end to the Iran-Iraq
war;
(9) the Khomeini government continues to
attack and intimidate the other countries of
the Persian Gulf region; and
(10) it is known that the Khomeini govern-
ment supports terrorism and has used hos-
tage taking as an instrument of foreign
policy.
(bi Pocucy.-Now therefore, the Congress-
H 11323
(1) expresses concern for those citizens
who must endure war and unprecedented re-
pression;
(2) supports an official United States
policy of completely halting the shipment of
any kind of armament to the Government of
Iran; and
(3) urges that the President continue to
make every effort to cooperate with the other
nations of the United Nations to bring
about an end to government sponsored tor-
ture in Iranian prisons, to pressure Iran to
permit inspection of Iranian prisons by an
international delegation, and to respect
internationally recognized human rights.
SEC. 1236. IRANIAN PERSECUTION OF THE BA 11A 7S
(a) PoLICY.-It is the sense of the Congress
that-
(1) the Government of Iran has systemati-
cally discriminated against the Baha'i com-
munity, including the arbitrary detention,
torture, and killing of Baha'is, the seizure of
Baha'i property, and the outlawing of the
Baha'i faith,- and
(2) Iran's gross violations of the human
rights of the Baha'i community are in direct
contravention of the Charter of the United
Nations and the United Nations Declara-
tion of Human Rights.
(b) IMPLEMENTATION OF POLICY.-It is the
sense of Congress that the President shall
take all necessary steps to focus internation-
al attention on the plight of the Baha'i com-
munity and to bring pressure to bear on the
Government of Iran to cease its insidious
policy of persecution.
PART E-ASIA
SEC. 1241. SOVIET OCCUPATION OFAFGHANISTAN.
(a) FINDINGS ON SOVIET ACTIONS IN AFGHANI-
sTAN.-The Congress finds that-
(1) the Soviet Union has been waging war
against the people of Afghanistan since the
invasion of December 25, 1979;
(21 the victims of the Soviet invasion and
occupation include more than 1,000,000
dead and more than 3.000,000 Afghans
forced to find refuge in neighboring coun-
tries;
(3) Soviet military tactics have included
the bombing and napalming of villages
without regard to the human toll, the de-
struction of crops, agricultural land, and or-
chards so as to create famine conditions,
and the massacre of hostages and other in-
nocent civilians;
(4) children have been particular victims
of Soviet aggression, with some being target-
ed for death by the dropping of booby-
trapped toys while other children have been
transported to the Soviet Union for indoctri-
nation;
(5) the Soviet-installed puppet regime has
engaged in a consistent pattern of gross vio-
lations of the human rights of its own citi-
zens, including torture and summary execu-
tion, for which its Soviet sponsors must also
be held accountable; and
(6) Soviet actions in Afghanistan consti-
tute a violation of international law and of
accepted norms of human decency and,
therefore, must be condemned by civilized
people everywhere.
(b) FINDINGS ON THE AFGHAN RESISTANCE.-
The Congress further finds that-
(1) the Afghan people have heroically re-
sisted the Soviet invaders in spite of the tre-
mendous cost of so doing and now control
most of their homeland;
(2) the provision of effective assistance to
the Afghan people is an obligation of those
who cherish freedom,-
(3) a total and prompt withdrawal of all
Soviet forces from Afghanistan is essential
in order for the Afghan people to exercise
their inalienable human right to self-deter-
mination; and
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13 11324 CONGRESSIONAL RECORD - HOUSE December 14, 1987
(4) a negotiated settlement providing for
the total and prompt withdrawal of Soviet
forces offers the best prospect for an early
end to the suffering of the Afghan people.
(c) DDCZARA77ON of POLICY.-The Congress,
therefore, declares it to be the policy of the
United States-
(1) to provide such assistance to the
Afghan people as will most effectively help
them resist the Soviet invaders;
(2) to support a negotiated settlement to
the Afghanistan war providing for the
prompt withdrawal Qf all Soviet forces from
Afghanistan within a time frame based
solely on logistical criteria; and
(3) to communicate clearly to the Govern-
ment and people of the Soviet Union the ne-
cessity of a Soviet withdrawal from Afghani-
stan as a condition for better relations be-
tween the United States and the Soviet
Union.
(d) PRovisioN OF ASSISTANCE.-The Presi-
dent and Secretary of State are directed to
adopt policies and programs to ensure that
all assistance intended for the Afghan people
reaches its intended recipients and that
theft or diversion of such assistance not be
tolerated.
SEC. 1242. REPORT ON ADMINISTRATION POLICY ON
AFGHANISTAN
(a) FINDINGS.-The Congress finds that-
(1) each of the substantive sanctions im-
posed on the Soviet Union by the United
States to protest the Soviet invasion of Af-
ghanistan have been lifted;
(2) although the administration's policy
on Afghanistan states that only "steadily in-
creasing pressure on aft fronts-military, po-
litical, diploraatic`soi l induce the Soviets
to make the political decision to negotiate
the withdrawal of their forces", political
and diplomatic pressures on the Soviet
Union have decreased rather than increased;
(3) in the absence of a coordinated and ag-
gressive policy by the administration re-
garding the war in Afghanistan, the Con-
gress has been forced to unilaterally imple-
ment numerous programs to bring "steadily
increasing pressure" to bear on the Soviet
Union; and
(4) despite the failure of Soviet troops to
withdraw from Afghanistan, and the serious
deterioration with regard to the situation of
human rights in Afghanistan, the adminis-
tration is planning to lift further sanctions
and initiate increasing areas of cooperation
with the Soviet Union.
(b) REPoRT TO CONGRESS.-(1J Not later
than 60 days after the date of the enactment
of this Act, the Secretary of State shall pro-
vide the Chairman of the Senate Foreign Re-
lations Committee and the Chairman of the
House Foreign Affairs Committee with a
report listing each sanction imposed against
the Soviet Union by the United States since
the first anniversary of the Soviet invasion
of Afghanistan, a detailed explanation for
the lilting of each sanction, and a detailed
analysis of the benefit to the Soviet Union
incurred by the lifting of each sanction.
(2) Not later than 60 days after the date of
the enactment of this Act, the Secretary of
State shall provide the Chairman of the
Senate Foreign Relations Committee and
the Chairman of the House Foreign Affairs
Committee a comprehensive list of all areas
of ongoing cooperation that could be with-
held from the Soviet Union.
(31 Not later than 60 days after the date of
the enactment of this Act, the Secretary of
State shall provide the Chairman of the
Senate Foreign Relations Committee and
the Chairman of the House Foreign Affairs
Committee with a detailed and comprehen-
sive report in a suitably classified form, and
in an unclassified forme, containing the dis-
position of Soviet military forces in the Af-
ghanistan region and an account of any
troop withdrawals and any new troop de-
ployments.
SEC. 1243. HUMAN RIGHTS VIOLATIONS IN TIBET BY
THE PEOPLES REPCBLIC OF CHINA.
(a) FINDINas.-The Congress finds that-
(I) on October 1, 1987, Chinese police in
Lhasa fired upon several thousand unarmed
Tibetan demonstrators, which included hun-
dreds of women, children, and Tibetan Bud-
dhist monks, killing at least six and wound-
ing wary others;
(2J on September 27, 1987, a peaceful dem-
onstration in Lhasa calling for Tibetan in-
dependence and the restoration of human
rights in Tibet, which was led by hundreds
of Tibetan monats, was violently broken up
by Chinese authorities and Z7 Tibetan Bud-
dhist monks were arrested;
(3) in the wake of His Holiness the Dalai
Lama's five point peace plan, which was
presented to Members of the United States
Congress during his visit to Washington in
September 1987, Chinese as&eorities in Tibet
staged, on September 24, 1987, a mass politi-
cal rally at which three Tibetans were given
death sentences, two of whom were executed
immediately;
(4) beginning October 7, 1950, the Chinese
Communist army invaded and occupied
Tibet;
(5) since that time, the Chinese Govern-
ment has exercised dominion over the Tibet-
an people, who had always considered them-
selves as independent, through the presence
of a large occupation force;
(6) over 1,000,000 Tibetans perished from
1959 to 1979 as a direct result of the politi-
cal instability, executions, imprisonment,
and widescale famine engendered by the
policies of the People's Republic of China in
Tibet;
(7) after 1950, particularly during the rav-
ages of China's Cultural Revolution, over
6,600 monasteries, the repositories of 1,300
years of Tibet's ancient civilization, were
destroyed and their irreplaceable national
legacy of art and literature either destroyed,
stolen, or removed from Tibet;
(8) the exploitation of Tibet's vast miner-
al, forest, and aw.imai reserves has occurred
with limited benefit to the Tibetan. people;
(91 Tibet's economy and education, health,
and human services remain far below those
of the Peoples Republic of China as a whole;
(10) the People'' Republic of China has en-
couraged a large influx of Han-Chinese into
Tibet, thereby undermining the political and
cultural traditions of the Tibetan people;
(11) there are credible reports of many Ti-
betans being incarcerated in labor camps
and prisons and killed for the nonviolent ex-
pression of their religious and political be-
liefs;
(12) His Holiness the Dalai Lama, spiritu-
al and temporal leader of the Tibetan
people, in conjunction with the 140,000 refu-
gees forced into exile with him, has worked
tirelessly for almost 30 years to secure peace
and religious freedom in Tibet, as well as
the preservation of the Tibetan culture;
(13) in 1959, 1961, and 1965, the United
Nations General Assembly called upon the
People's Republic of China to end the viola-
tions of Tibetans' human rights;
(14) on July 24, 1985, 91 Members of the
Congress signed a letter to President Li
Xiannian of the People's Republic of China
expressing support for direct talks between
Beijing and representatives of His Holiness
the Dalai Lama and the Tibetans in exile,
and urging the Government of the People's
Republic of China "to grant the very reason-
able and justified aspirations of His Holi-
ness the Dalai Lama and his people every
consideration"
(15) on September 27, 1987, the chairman
and ranking minority member of the Senate
Foreign Relations Committee, the chairman
and ranking minority member of the House
Foreign Affairs Committee, and the Co-
Chairman of the Congressional Human
Rights Caucus signed a letter to his Excel-
lency Zhao Ziyang, the Prime Minister of
the People's Republic of China, expressing
their "grave concern with the present situa-
tion in Tibet and welcome(d) His Holiness
the Dalai Lama's (five point) proposal as a
historic step toward resolving the important
question of Tibet and alleviating the suffer-
ing of the Tibetan people . (and)
expressfing) their ,full support for his pro-
posal. and
(16) there has been no positive response by
the Government of the People's Republic of
China to either of these communications.
(b) S771TEMENT of PoLictrs.-It is the sense
of the Congress that-
(1) the United States should express sym-
pathy for those Tibetans who have suffered
and died as a result of fighting, persecution,
or famine over the past four decades,,
(2) the United States should make the
treatment of the Tibetan people an impor-
tant factor in its conduct of relations with
the People's Republic of China;
(34 the Government of the Peoples Repub-
lic of China should respect internationally
recognized human rights and end human
rights violations against Tibetans;
(4) the United States should urge the Gov-
ernment of the People's Republic of China to
actively reciprocate the Dalai Laweeb efforts
to establish a constructive dialogue an the
future of Ti bet;
(5) Tibetan culture and religion should be
preserved and the Dalai Lama should be
commended for his efforts in this regard;
(6) the United States, through the Secre-
tary of State, should address and call atten-
tion to the rights of the Tibetan people, as
well as other non-Han-Chinese within the .
People's Republic of China such as the Uigh-
urs of Eastern Turkestan (Xinjiang), and
the Mongolians of Inner Mongolia;
(7J the President should instruct United
States officials, including the United States
Ambassadors to the People's Republic of
China and India, to pay greater attention to
the concerns of the Tibetan people and to
work closely with all concerned about
human rights violations in Tibet in order to
find areas in which the United States Gov-
ernment and people can be helpful; and
(8) the United States should urge the Peo-
ple's Republic of China to release all politi-
cal prisoners in Tibet.
(C) TRANSFER OF DEFENSE ARTmctss -With
respect to any sale, licensed export, or other
transfer of any defense articles or defense
services to the People's Republic of China,
the United States Government shall, consist-
ent with United States law, take into ac-
count the extent to which the Government of
the People's Republic of China is acting in
good faith and in a timely manner to resolve
human rights issues in TibeL
(d) MIGR.1reoN AND REFUGEE ASSISTANCE.-
Within 60 days after the date of the enact-
ment of this Act, the Secretary of State shall
determine whether the needs of displaced Ti-
betans are similar to those of displaced per-
sons and refugees in other parts of the world
and shall report that determination to the
Congress. If the Secretary makes a positive
determination, of the amounts authorized to
be appropriated for the Department of State
for "Migration and Refugee Assistance" for
each of the fiscal years 1988 and 1989, such
sums as are necessary shall be made avail-
able for assistance for displaced Tibetans.
The Secretary of State shall determine the
best means for providing such assistance.
(e) SCHOLARsH/PS.-For each of the fiscal
years 1988 and 1989, the Director of the
United States Information Agency shall
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
make available to Tibetan students and pro-
fessionals who are outside Tibet not less
than 15 scholarships for study at institu-
tions of higher education in the United
States.
SEC: 1241. SUPPORT FOR THE RIGHT OF SELF-DETER-
MINATION FOR THE CAMBODIAN
PEOPLE.
(a) FINDINGS.-The Congress finds that-
(1) the Socialist Republic of Vietnam, in
violation of its obligations under interna-
tional law including the United Nations
Charter, invaded Cambodia in December
1978;
(2) in January 1979, Vietnam installed a
puppet government in Phnom Penh, Cambo-
dia, headed by Heng Samrin;
(3) eight years later Vietnam continues,
with Soviet backing, to occupy Cambodia
with some 140,000 troops;
(4) by invading and occupying Cambodia,
the Government of the Socialist Republic of
Vietnam violated its obligation, undertaken
upon becoming a member of the United Na-
tions in 1977, not to use force against the
territorial integrity or political independ-
ence of any state;
(5) Vietnam has attempted to submerge
Cambodian culture and heritage through the
settlement of large numbers of Vietnamese
in Cambodia;
(6) human rights observers have noted a
pattern of torture, political detention, inhu-
mane treatment, and other abuses of human
rights by officials of the Vietnamese-backed
puppet Cambodian regime;
(7) the Vietnamese occupation of Cambo-
dia has compounded the hardship and suf-
fering of a people which had previously suf-
fered barbaric crimes of genocide under Pot
Pot's Khmer Rouge and has caused hun-
dreds of thousands of Cambodians to flee
their own country;
(8) in recognition of the illegal occupation
of Cambodia by the Vietnamese, the United
Nations has refused to recognize the creden-
tials of the Heng Samrin regime and has in-
stead continued to recognize the credentials
Qf the Government in Exile led by Prince
Norodom Sihanouk;
(9) the member states of the United Na-
tions for the eighth time, and by a record
vote, approved a resolution at the forty-
second session of the General Assembly call-
ing for the withdrawal of foreign troops
from Cambodia;
(10) the 1981 United Nations-sponsored
International Conference on Kampuchea
called for the early withdrawal of foreign
troops and the holding of free elections
under United Nations supervision;
(11) the Government of the Socialist Re-
public of Vietnam has thus far rejected the
efforts of the Association of Southeast Asian
Nations and supported by the United States
to resolve the situation in Cambodia; and
(12) in the absence of a settlement, the
non-Communist Cambodian forces continue
to wage a war of resistance against Viet-
namese occupation forces.
(b) STATEMENT OF PoLicv.-The Congress-
(1) deplores the continued violation of the
sovereignty and territorial independence of
Cambodia by the Socialist Republic of Viet-
nam;
(2) calls upon the Government of the So-
cialist Republic of Vietnam to immediately
withdraw all of its occupation forces from
Cambodia and to negotiate a settlement
which restores self-determination to the
Cambodian people;
(3) believes that such negotiations and
withdrawal by Vietnam, together with a sat-
isfactory accounting of Americans still
missing in action, would constitute positive
steps that would help facilitate the prospect
of an end to Vietnam's isolation in the
world community and an improvement of
its relations with the United States;
(4) supports the efforts of the member na-
tions of the Association of Southeast Asian
Nations (ASEAN), the United Nations Secre-
tary General, and the non-Communist Cam-
bodian people to achieve a political settle-
ment which would include such elements as
internationally supervised free and fair elec-
tions, as well as assurances that there will
be no return to the genocidal policies of the
Pol Pot regime;
(5) supports efforts to establish an inter-
national tribunal to bring to justice those
Khmer Rouge leaders during the reign of Pol
Pot, and any others, responsible for crimes
of genocide against the Cambodian people;
and
(6) calls upon the international commu-
nity to observe a special day of remem-
brance-
(A) in recognition of the suffering of the
Cambodian people under Pot Pot,
(B) in protest of the efforts of Vietnam to
suppress the basic human rights, culture,
and way of life of the Cambodian people,
and
(C) in protest of the illegal occupation of
Cambodia by Vietnamese troops.
SEC. I2ts. HUMAN RIGHTS IN THE PEOPI,Eti RF,PUB-
LIC OF CHINA.
(a) FINDINGS.-The Congress finds that-
(1) the advancement of human rights is a
stated objective of the foreign policy of the
United States;
(2) the constitutional guarantees of free-
dom of speech, press, and peaceful assembly
have not been adequately respected in the
People's Republic of China;
(3) the exercise of religious activities has a
detrimental effect on a participant's civil,
social, and economic status within the Peo-
ple's Republic of China;
(4) the freedom of movement and the free-
dom to form independent trade unions and
other voluntary associations are severely
curtailed;
(5) there have been some encouraging de-
velopments including an effort by the cur-
rent leadership of the People's Republic of
China to develop economic policies without
regard to a rigid application of Maoist ide-
ology; and
(6) the American people desire to extend
their moral support to the struggle for free-
dom and justice within the People's Repub-
lic of China.
(b) SENSE of CONGRESS.-It is the sense of
the Congress that the leadership of the Peo-
ple's Republic of China should take neces-
sary steps toward establishing a more demo-
cratic society, with a free and open political
system that will protect the essential human
rights of all people living within that coun-
try.
SEC. 1249. DEMOCRACY IN TAIWAN.
(a) FINDINGS.-The Congress finds that-
(1) stability and peace prevail on the
island of Taiwan and in the Western Pacific
region;
(2) economic vitality, educational ad-
vancement, and social progress have created
conditions favoring the furtherance of de-
mocracy in Taiwan;
(3) the people of Taiwan, in both national
and local elections, have shown themselves
fully capable of participating in a democrat-
ic political process;
(4) the authorities on Taiwan are nurtur-
ing a transition toward more truly demo-
cratic and representative political institu-
tions, although a minority of the seats in the
central legislature and central electoral col-
lege are filled through periodic elections,
with the majority of seats still being held by
individuals who took office in the late
1940s;
(5) on September 28, 1986, Taiwan's demo-
cratic opposition announced the formation
of the Democratic Progressive Party;
H 11325
(6) on October 7, 1986, President Chiang
Ching-kuo, announced that the Kuomintang
intended to end the state of martial law and
to lift the ban on the creation of new politi-
cal parties;
(7) the lifting of martial law in July and
the release of detainees symbolize the grow-
ing respect for human rights and freedom of
expression on Taiwan;
(8) the Kuomintang has indicated a desire
over the next few years to make more repre-
sentative Taiwan's central representative
bodies, to broaden decisionmaking within
the Nationalist Party, to enhance the rule of
law, and to increase the powers of local-level
government; and
(9) our common commitment to democrat-
ic institutions and values is an increasingly
strong bond between the people of the
United States and the People of Taiwan and
an acceleration of progress toward a full de-
mocracy on Taiwan, including full respect
for human rights, will strengthen United
States ties with the people on Taiwan.
(b) SENSE OF CONGRESS.-The Congress-
(1) welcomes the democratic trends emerg-
ing in Taiwan and commends the progress
that has been made recently in advancing
democratic institutions and values;
(2) welcomes the lifting of martial law and
looks forward to the lifting of the ban on
new political parties;
(3) encourages the leaders and peoples of
Taiwan to continue this process with the
aim of consolidating fully democratic insti-
tutions, in particular by-
(A) guaranteeing freedom of speech, ex-
pression, and assembly; and
(B) gradually moving toward a fully repre-
sentative government, including the free
and fair election of all members of all cen-
tral representative bodies; and
(4) requests the American Institute in
Taiwan to convey this Nation's continuing
support for a democratic and prosperous
Taiwan, as stated in the Taiwan Relations
Act, and our encouragement for democracy
to the leaders and the people of Taiwan.
PART F=,NISCELLANEOUS
SEC. 12.51. REPORTS ON ILLEGAL TECHNOLOGY
TR.4NSFER.S.
(a) REPORT.-Not later than 30 days after
the date of the enactment of this Act, the
Secretary of State shall submit to the appro-
priate committees of the Congress a report
concerning:
(1) The status of the Japanese Government
investigation of the transfer of milling ma-
chines to the Soviet Union by Toshiba Ma-
chine Company, including any prosecution,
fine, or other government action.
(2) The status of the Norwegian Govern-
ment investigation of the transfer of numer-
ical controllers by Kongsberg Vappenfabrik
(KV) to the Soviet Union, including any
prosecution, fine, or other government
action.
(3) Actions undertaken by the Japanese
and Norwegian Governments to ensure that
such transfers or other breaches of security
related to international espionage do not
recur.
(4) Actions and plans of the United States
Government to respond to such case of
international espionage.
(b) Dlscusslo.vs.-The Secretary of State
shall enter into discussions with Japan and
Norway regarding compensation for damage
to United States national security resulting
from such case of international espionage.
The Secretary shall submit a preliminary
report to the appropriate committees of the
Congress concerning the status of such dis-
cussions 180 days after the date of enact-
ment of this Act and shall submit a final
report 360 days after the date of enactment
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CONGRESSIONAL RECORD - HOUSE December 14, 1987
of this Act. The Secretary may submit such
other subsequent reports as may be appro-
priate.
SEC. 1252. REPORT ON PROGRESS TOWARD A WORLD
SUMMIT ON TERRORISM.
It is the sense of the Congress that the
President should convene a summit meeting
of Western world leaders to adopt a unified
effective program against international ter-
rorism.
SEC. 1251 PROTECTION OF AMERICANS ENDAN-
GERED BY THE APPEARANCE OF
THEIR PLACE OF BIRTH ON THEIR
PASSPORTS.
(a) FINDINGS.-The Congress finds that
some citizens of the United States may be
specialty endangered during a hijacking or
other terrorist incident by the fact that their
place of birth appears on their United States
passports.
(b) D/scUSSIONS.-The Congress urges the
President to enter into discussions with
other countries regarding the feasibility of a
general agreement permitting the deletion of
the place of birth as a required item of infor-
mation on passports.
SE(: 1254. SUPPORT OF MUTUAL DEFENSE ALLI-
ANCES.
(a) FINDrNos.-The Congress makes the Jot-
lowing findings:
(1) Japan, the member nations of the
North Atlantic Treaty Organization
(NATO), and other countries rely heavily on
the United States to protect their national
security under mutual defense alliances.
(2) The United States spends tens of bil-
lions of dollars annually to assist in the de-
fense of allies of the United States.
(3) The financial burden of mutual defense
assumed by many NATO allies and particu-
larly Japan is not commensurate with their
economic resources, and, as a result, the
United States bears a disproportionately
large share of the financial burden of sup-
porting such mutual defense.
(4) While the United States is currently
spending 6.5 percent of its gross national
product on defense, our NATO allies spend
an average of 3.5 percent of their gross na-
tional products on defense and Japan
spends only 1.0 percent of its gross national
product on defense.
(5) United States allies, particularly West
Germany and Japan, have derived tremen.
dous economic benefit from the free trade
system among the Western countries, accu-
mulating in certain cases large payments
surpluses, while protected through military
alliances to which the United States has
made an overwhelming commitment of re-
sources.
(6) The greatest weakness in the ability of
the United States to sustain the mutual de-
fense of the United States and its allies is
not the military capability of the United
States, but rather the economic vulnerabil-
ity of the United States.
(7) The Federal budget deficit must be re-
duced in order to revitalize the economy.
(8) The continued unwillingness of the
allies of the United States to increase their
contributions to the common defense to
more appropriate levels could weaken the
long-term vitality, effectiveness, and cohe-
sion of the alliances between those countries
and the United States.
IN Power.-It is the sense of the Congress
that-
(1) the President should enter into discus-
sions with countries which participate in
mutual defense alliances with the United
States, especially the member nations of
NATO and Japan, for the purpose of reach-
ing an agreement on a more equitable distri-
bution of the burden offinancial support for
the alliances;
(2) the objective of such discussions with
the member nations of NATO and Japan
should be to establish a schedule of increases
in defense spending by our NATO allies and
Japan or a system of offsetting payments
that is designed to achieve, to the maximum
practicable extent, a division of responsibil-
ity for defense spending between those allies
and the United States that is commensurate
with their resources;
(3) the President should report to the Con-
gress, within one year after the date of the
enactment of this Act, on the progress of
such discussions; and
(4) if, in the judgment of the Congress, the
President's report does not reflect substan-
tial progress toward a more equitable distri-
bution of defense expenses among the mem-
bers of a mutual defense alliance, the Con-
gress should review the extent of the distri-
bution of the mutual defense burden among
our allies and consider whether additional
legislation is appropriate.
SEC. 1255. ARMS EXPORT CONTROL ENFORCEMENT
AND COORDINATION.
(a) ExPORT LicENsEs. -Section 38 of the
Arms Export-Control Act (22 U.S.C. 2778) is
amended by adding at the end the following
new subsection:
"(g)(1) The President shall develop appro-
priate mechanisms to identify, in connec-
tion with the export licensing process under
this section-
"(A) persons who are the subject of an in-
dictment for, or have been convicted of, a
violation under-
"(i) this section,
"(ii) section 11 of the Export Administra-
tion Act of 1979 (50 U.S.C. App. 2410),
"(iii) section 793, 794, or 798 of title 18,
United States Code (relating to espionage
involving defense or classified information),
"(iv) section 16 of the Trading with the
Enemy Act (50 U.S.C. app. 16),
"(v) section 206 of the International Emer-
gency Economic Powers Act (relating to for-
eign assets controls; 50 U.S.C. app. 1705),
"(vi) section 30A of the Securities Ex-
change Act of 1934 (15 U.S.C. 78dd-1) or sec-
tion 104 of the Foreign Corrupt Practices
Act (15 U.S.C. 78dd-2),
`(vii) chapter 105 of title 18, United States
Code (relating to sabotage),
"(viii) section 4(b) of the Internal Security
Act of 1950 (relating to communication of
classified information; 50 U.S.C. 783(b)),
"(ix) section 57, 92, 101, 104, 222, 224, 225,
or 226 of the Atomic Energy Act of 1954 (42
U.S.C. 2077, 2122, 2131, 2134, 2272, 2274,
2275, and 2276),
`(x) section 601 of the National Security
Act of 1947 (relating to intelligence identi-
ties protection; 50 U.S.C. 421), or
"(xi) section 603(b) or (c) of the Compre-
hensive Anti-Apartheid Act of 1986 (22
U.S.C. 5113(b) and (c));
"(B) persons who are the subject of an in-
dictment or have been convicted under sec-
tion 371 of title 18, United States Code, for
conspiracy to violate any of the statutes
cited in subparagraph (A); and
"(C) persons who are ineligible-
"M to contract with,
"(ii) to receive a license or other form of
authorization to export from, or
"(iii) to receive a license or other form of
authorization to import defense articles or
defense services from,
any agency of the United States Govern-
ment.
"(2) The President shall require that each
applicant for a license to export an item on
the United States Munitions List identify in
the application all consignees and freight
forwarders involved in the proposed export.
"(3) If the President determines-
"(A) that an applicant for a license to
export under this section is the subject of an
indictment for a violation of any of the stat-
utes cited in paragraph (1),
"(B) that there is reasonable cause to be-
lieve that an applicant for a license to
export under this section has violated any of
the statutes cited in paragraph (1), or
'(C) that an applicant for a license to
export under this section is ineligible to con-
tract with, or to receive a license or other
form of authorization to import defense ar-
ticles or defense services from, any agency of
the United States Government,
the President may disapprove the applica-
tion. The President shall consider requests
by the Secretary of the Treasury to disap-
prove any export license application based
on these criteria.
"(4) A license to export an item on the
United States Munitions List may not be
issued to a person-
"(A) if that person, or any party to the
export, has been convicted of violating a
statute cited in paragraph (1), or
"(B) if that person, or any party to the
export, is at the time of the license review
ineligible to receive export licenses (or other
forms of authorization to export) from any
agency of the United States Government,
except as may be determined on a case-by-
case basis by the President, after consulta-
tion with the Secretary of the Treasury, after
a thorough review of the circumstances sur-
rounding the conviction or ineligibility to
export and a finding by the President that
appropriate steps have been taken to miti-
gate any law enforcement concerns.
"(5) A license to export an item on the
United States Munitions List may not be
issued to a foreign person (other than a for-
eign government).
"(6) The President may require a license
(or other form of authorization) before any
item on the United States Munitions List is
sold or otherwise transferred to the control
or possession of a foreign person or a person
acting on behalf of a foreign person.
"(7) The President shall, in coordination
with law enforcement and national security
agencies, develop standards for identifying
high-risk exports for regular end-use verifi-
cation. These standards shall be published
in the Federal Register and the initial
standards shall be published not later than
October 1, 1988.
"(8) Upon request of the Secretary of State,
the Secretary of Defense, and the Secretary
of the Treasury shall detail to the office pri-
marily responsible for export licensing func-
tions under this section, on a nonreimbursa-
ble basis, personnel with appropriate exper-
tise to assist in the initial screening of ap-
plications for export licenses under this sec-
tion in order to determine the need for fur-
ther review of those applications for foreign
policy, national security, and law enforce-
ment concerns.
"(9) For purposes of this subsection-
"(A) the term foreign corporation' means
a corporation that is not incorporated in
the United States;
'(B) the term foreign government' in-
cludes any agency or subdivision of a for-
eign government, including an official mis-
sion of a foreign government;
"(C) the term foreign person' means any
person who is not a citizen or national of
the United States or lawfully admitted to the
United States for permanent residence
under the Immigration and Nationality Act,
and includes foreign corporations, interna-
tional organizations, and foreign govern-
ments;
"(D) the term 'party to the export' means-
"(i) the president, the chief executive offi-
cer, and other senior officers of the license
applicant;
"(ii) the freight forwarders or designated
exporting agent of the license application;
and
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"(iii) any consignee or end user of any
item to be exported; and
"(E) the term `person' means a natural
person as well as a corporation, business as-
sociation, partnership, society, trust, or any
other entity, organization, or group, includ-
ing governmental entities.".
(b) REVIEW OF MUNITIONS CONTROL REGIS-
TRATIoNs.-Section 38(b)(1) of that Act is
amended-
(1) by inserting "(A)" after 'Y1)" and
(2) by adding at the end the following new
paragraph:
"(B) A copy of each registration made
under this paragraph shall be transmitted to
the Secretary of the Treasury for review re-
garding law enforcement concerns. The Sec-
retary shall report to the President regard-
ing such concerns as necessary.":
(c) MUNITIONS CONTROL REGISTRATION
FEES.-Section 38(b) of that Act is amended
by inserting at the end the following:
"(3)(A) For each of the fiscal years 1988
and 1989, $250,000 of registration fees col-
lected pursuant to paragraph (1) shall be
credited to a Department of State account,
to be available without fiscal year limita-
tion. Fees credited to that account shall be
available only for the payment of expenses
incurred for-
"(i) contract personnel to assist in the
evaluation of munitions control license ap-
plications, reduce processing time for li-
cense applications, and improve monitoring
of compliance with the terms of licenses;
and
"(ii) the automation of munitions con-
trol functions and the processing of muni-
tions control license applications, including
the development, procurement, and utiliza-
tion of computer equipment and related
software.
"(B) The authority of this paragraph may
be exercised only to such extent or in such
amounts as are provided in advance in ap-
propriation Acts.":
TITLE X111-EFFECTIVE DATE.
SEC. 1301. EFFECTIVE DATE.
Except as otherwise provided in this Act,
this Act shall take effect on the date of its
enactment.
And the Senate agree to the same.
From the Committee on Foreign Affairs, for
consideration of the House bill and Senate
amendment, and modifications committed
to conference:
DANTE B. FASCELL,
DAN MICA,
Gus YATRON,
MERVYN M. DYMALLY,
PETER H. KOSTMAYER,
LAWRENCE J. SMITH,
CHESTER G. ATKINS,
WM. BROOMFIELD,
OLYMPIA SNOWE,
BENJAMIN A. GILMAN,
CONNIE MACK,
MIKE DEWINE,
As additional conferee solely for consider-
ation of sec. 156 of the House bill, and modi-
fications committed to conference:
STEPHEN J. SOLARZ,
As additional conferee solely for consider-
ation of sec. 199E of the House bill, and
modifications committed to conference:
DON BONKER,
As additional conferees from the Committee
on Post Office and Civil Service, for consid-
eration of secs. 124, 134, 139, 145, 151
through 154, 156 through 162, 179, 189
through 194, 196, and 403 of the House bill,
and secs. 111 through 114, 116 through 124,
303, 525, 551, 555 through 557, 559, and 606
of the Senate amendment, and modifica-
tions committed to conference:
WILLIAM D. FORD,
PAT SCHROEDER,
FRANK HORTON,
As additional conferees from the Committee
on the Judiciary, for consideration of sees.
132, 143, 146, 182, 199, 199B, and 212 of the
House bill, and titles VII, IX, X, and XI and
sees. 502, 503, 504, 506, 512, 526, 528, 531,
549, 552, 558, and 570 of the Senate amend-
ment, and modifications committed to con-
ference:
PETER W. RODINO,
R.L. MAZZOLI,
BILL HUGHES,
BARNEY FRANK,
HAMILTON FISH, Jr.,
BILL MCCOLLUM,
As additional conferees from the Committee
on Armed Services, for consideration of sec.
199F of the House bill, and modifications
committed to conference:
BEVERLY BYRON,
ALBERT G. BUSTAMANTE,
HERBERT H. BATEMAN,
As additional conferees from the Committee
on Ways and Means, for consideration of
sees. 552, 912, and 913 of the Senate amend-
ment, and modifications committed to
conference:
DAN ROSTENKOWSKI,
SAM M. GIBBONS,
CHARLES B. RANGEL,
THOMAS J. DOWNEY,
JOHN J. DUNCAN,
PHILIP M. CRANE,
As additional conferees from the Committee
on Energy and Commerce, for consideration
of sees. 401 through 404 of the Senate
amendment, and modifications committed
to conference:
JOHN D. DINGELL,
HENRY A. WAXMAN,
PHILIP R. SHARP,
NORMAN F. LENT,
EDWARD MADIGAN,
As additional conferees from the Committee
on Science, Space, and Technology, for con-
BUDGET FOR ALL AGENCIES
[In thousands of dollars[
Administration of Foreign Affairs:
Salaries and expenses....._ ...................................................................._.. _............... 1.319,856 1,461,113 1,366.124
Foreign buildings operations .._..._..._ ....................................... _......._........... ............. 449,480 345,368 313,124
Representational allowances ............. ....................__.......__.... _..................... ........ ._.... 4,460 4,500 4,460
Emergencies in the diplomatic and consular services .......... ........................ ........... ......... 4,000 4,500 4;000
American Institute in Taiwan ........................... .._.......... ......._..... ....... _............... ..... 9,379 10,000 9,379
Diplomatic Security Program:
1,431,908
323,000
4460
4,000
9,379
sideration of sees. 401 through 404 of the
Senate amendment, and modifications com-
mitted to conference:
ROBERT A. ROE,
JAMES H. SCHEUER,
RALPH M. HALL,
MANUEL LUJAN, Jr.,
JAMES SENSENBRENNER, Jr.,
As additional conferees from the Committee
on Public Works and Transportation, for
consideration of sec. 552 of the Senate
amendment, and modifications committed
to conference:
NORMAN Y. MINETA,
RON DE LUGO,
JOHN PAUL
HAMMERSCHMIDT,
Managers on the Part of the House.
CLAIBORNE PELL,
JOE BIDEN,
PAUL SARBANES,
JESSE HELMS,
RICHARD LUGAR,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF
THE COMMITTEE OF CONFERENCE
The managers on the part of the House
and the Senate at the conference on the dis-
agreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R.
1777) to authorize appropriations for fiscal
years 1988 and 1989 for the Department of
State, the United States Information
Agency, the Voice of America, the Board for
International Broadcasting, and for other
purposes, submit the following joint state-
ment to the House and Senate in explana-
tion of the effect of the action agreed upon
by the managers and recommended in the
accompanying conference report:
The Senate amendment struck out all of
the House bill after the enacting clause and
inserted a substitute text.
The House recedes from its disagreement
to the amendment of the Senate with an
amendment which is a substitute for the
House bill and the Senate amendment. The
differences between the House bill, the
Senate amendment, and the substitute
agreed to in conference are noted below,
except for clerical corrections, conforming
changes made necessary by agreements
reached by the conferees, and minor draft-
ing and clarifying changes.
AUTHORIZATIONS OF APPROPRIATIONS;
EARMARKS-H.R. 1777
The following table summarizes the ac-
tions of the committee on conference with
respect to the budgets of the Department of
State, the United States Information
Agency, the Board for International Broad-
casting, the Voice of America, and the Asia
Foundation:
Fiscal year 1989
Conference Administration House bill Senate Conference
substitute request amendment substitute
1,431,908 _ .................. _ 1,431,163 ............ .............. . 1,460,546
313,124 ...................... 325,649 .......................... .. 319,336
4,460 ....................... _ 4.638 ............................ 4,549
4,000 ..... ....... ....... ..._ 4,160 .......................... 4,080
9,379 _............... .... _ 9,754 .................. ....... 9.567
350,000 ........................... 315,792 ........................... 357,000
9,100- .......................... 9,464 .........................- 9,282
(') 9,360 ............................ (z)
Salaries and expenses .................................................................................................... 292,528 390,346 390,346 ' 341,954
Protection of Foreign Missions ...................... ._....... .... ......... _...._........... ............. ........ 9,100 9,445 9,100 9,100
Counterterrorism R&D......_ ............................ ..........._..__.......................... ................. 0 9,000 9,00_0_. ............... . .
......
Subtotal ...................... ....... ....................... ...... ................. ........... ....... .... ........ _ . 2,088,803 2,234,272 2,105,533
International organizations and conferences:
UN affiliated agencies ..................................................................................................... 238,832 406,737 238,832 406,810 406,810 ............................ 248,395 ............................ 414,946
Inter-American organizations ........................................................................................... 87,198 96,660 91,698 96,660 96,660 ........................... 95,186 ............................ 98,593
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H 11328 CONGRESSIONAL RECORD - HOUSE December 14, 1987
BUDGET FOR ALL AGENCIES-Continued
1987
appropriation Administration
request
Senate Conference Administration House bill Senate Conference
amendment substitute request amendment substitute
Regional organizations........_.._ .... _ ........................................ 50,868 55,780 50,868 55,780 55,780 ............................ 52,903 ............................ 56,896
Other international organizations... .......... ___ ................................ ....... ....... 8.102 11,750 8,102 11,750 11,150 ............................ 8,426 ............................ 11,985
Subtotal international organziations........................................................................ 385,269 570,927 389,500 571,000 571,000 ............................ 404,900 ............................ 582,420
Peacekeeping activities .................................................................................................... 29,400 30.000 29,400 29,400 29,400 ............................ 30,576 ............................ 29,988
Conferences and contingencies ........................................................................................ 5,460 6,000 5,460 5,460 6,000 ............................ 5,678 ............................ 6,120
International commissions:
International Boundary and Water Commission United States-Mexico ............................. 14,700 16,770 14,700 14,700 14,700 ............................ 15,288 ............................ 14,994
International Boundary Commission United Slates-Canada ............................................... 721 805 121 720 721 ............................ 150 ............................ 735
International joint commissions 3,453 3,983 2,979 2,980 2,979 ............................ 3,098 ............................ 3,039
International fisheries commissions ................................................................................. 10,800 11,148 10,800 10,800 10,800 ............................ 11,232 ............................ 11,016
Other programs:
U.S. Bilateral Science and Technology Agreements ......................................................... 1,900 2,000 1,900 1,900 1,900 ............................ 1,976 ............................ 1,938
Soviet and East European research ................................................................................. 4,600 5,000 4,600 5,000 4,600 ............................ 4,184 ............................ 4,692
Migration and refugee assistance................................................................................... 346,856 314,450 336,750 314,450 336,450 ............................ 350,220 ............................ 343,485
Subtotal ....................................................................................................................... 353,356 321.450 343,250 321,350 343,250............................ 356,980............................ 350,115
State total fiscal year 1988 authorization .................................................................. 2,891,962 3,195,355 2,902,343 3,080,211 3,100,821 ............................ 2,938,483 ............................ 3,162,837
Title II: U.S. Information Agency:
Salaries and expenses ...................................................................................................... 352,095 374,264 371,455 377,000 369,455 398,956 386.513 ............................ 376,845
Television and film service ............................................................................................... 30,391 43.655 31,306 ............................ 30,391 48,752 32,558 ............................ 30,999
NED ................................................................................................................................ 15,000 25,000 17,500 17.150 11,500 25,000 18,100 ............................ 18,100
East-West Center ................ .............:..:........................ ............ .................................. ..... 20,000 20.000 20,000 20,000 20,000 20,700 20,800 ........................... 20,400
Total ............................................................................................................................ 417,486 462.919 440,261 414.750 431,408 493,408 457,971............................ 446,344
Title 111: Educational and cultural programs:
Exchange programs ......................................................................................................... 181,580 190,339 187,439 185,000 188,625 192,992 194,937 ............................ 192,438
S. Smith Memorial Exchange Program ............................................................................ 0 0 0 2,000 2,000 0 0 ............................ 2,000
Total ............................................................................................................................ 181,580 190,339 187.439 181,000 190,625 192,992 194,937 ............................ 194,438
Title IV: Voice of America
Salaries and expenses ...................................................................................................... 166,935 179,538 177,200 170,000 177,200 190,826 184,288 ............................ 180,744
Radio construction ........................................................................................................... 66,000 90.000 0 0 0 180,000 66,000 ............................ 0
VOA/Europe ..................................................................................................................... 2,231 2,022 3,000 ............................ 3,000 ............................ 3,120 ............................ 3,060
RBC ................................................................................................................................. 12,759 12,434 12.652 10,000 12,652 12,889 13,158 ............................ 12,905
Total ............................................................................................................................ 247.925 283.994 192,852 180,000 192,852 383,115 266,566 ...................... 196,709
Total USIA, titles H & III & IV .................................................................................... 846,991 937,252 820,552 781,750 820,823 1,070,115 919,474 ............................ 837,491
Title V: Board for International Broadcasting:
Total authorization ........................................................................................................... 173,195 203,000 170,600 174,000 186,000 219,424 219,424 ............................ 201,424
Title VI: Asia Foundation:
Total authorization ........................................................................................................... 8,000 9,671 13,700 15.000 13.700 ............................ 14,148 ............................ 15,000
r Includes funds reallocated from Inman security program
2 Funds for this program included in authorization for diplomatic security salaries and expenses.
FISCAL YEAR 1988-89 EARMARKS-ALL AGENCIES
[In thousands of dollars]
Communication and information development ...................................................................................................................................................... 250 ............................ 250 250 ............................ 250
Consular posts and diplomatic missions abroad ................................................................................................................................................... 3,100 50,000 50,000 3,100 ............................ 50,000
International Atomc Energy Agency .:................ .......... .......................................................................................... ...................................................................... .... 31,443 31,443 ........................................................ 31.443
International Civil Aviation Organization ..................................................................................................................................................................................................................... 7,849 ........................................................ 7.849
International Maritime Organization ............................................................................................................................................................................................................................ 645 ........................................................ 645
International Telecommunication Union ...................................................................................................................................................................................................................... 4.471 ........................................................ 4.471
United Nations ................................................................................................................................................................................................................................. 193.188 193,188 ............... ,........................................ 193,188
World Health Orgganization ............................................................................................................................................................................................................... 63,857 63,857 ........................................................ 63,857
Organizahan of American States.. ............... ........... ............................................................... . ................... ....................................................................... 44,915 44,915 ........................................................ 44,915
Pan American Health Organization .................................................................................................................................................................................................. 38,659 38,659 ........................................................ 38,659
NATO ...................................................... ............................................................................................................................................... ..................... :.................. .......................... ..... 25.110 ........................................................ 25,110
OECD ............................................................................................................................................................................................................................................................................ 29,385 ........................................................ 29,385
International Wheat Council. ........................................................... ................................................................................................................................................ 388 388 ..................... .......................... 388
East Asian Refugees ............................................................................................................................................................................................ 28,300 ........................................................ 28.300 ......................................................
Piracy in the Gulf of Thailand ............................................................................................................................................................................. 1,300 ........................................................ 1,300 ......................................................
African refugees ................................................................................................................................................................................................... 61,000 ........................................................ 61,000 ......................................................
Near East refugees .............................................................................................................................................................................................. 89.200 ........................................................ 89.200 .....................................................
Latin American refugees ...................................................................................................................................................................................... 15,500 ........................................................ 15.500 .....................................................
Refugee resettlement in Israel ............................................................................................................................................................................. 25.000 25,000 25,000 25,000 ............................ 25,000
UNHCR ................................................................................................................................................................................................................. 5,000 ............................ 5,000 5,000 ............................ 5,000
Allocation of educational assistance for Thailand ............................................................................................................................................................................ 5.000 (') ..................................... (,)
Allocation of economic support funds assistance for Thailand ........................................................................................................................................................ 5,000 ..............................................................................................................
[MET allocation for Thailand ............................................................................................................................................................................................................ 2,000 ..............................................................................................................
Latin American and Caribbean data base ............................................................................................................................................................ 1,300 ............................ 1,300 1,300 ............................ 1,300
United States Embassy in Hungary .................................................................................................................................................................... 60,000 ..........................................................................................................................................
Assistant Secretary for South Can Affairs ......................................................................................................................................................... 1,750 ........................................................ 1,750 ......................................................
International child abduction ............................................................................................................................................................................................................ 250 ..............................................................................................................
International Committee of the Red Cross ................................................................................................................................................................................................................... (`) ........................................................ (-)
Fulbright Academic Exchange Program ..............................................................................................................................................................._........................... 93,000 93,000 ........................................................ 93,000
International Visitors Program . ................................................................................................................................................................................................... 39.000 39,000 ........................................................ 39.000
Humphrey Fellowship Program ........................................................................................................................................................................................................ 5.250 5,250 ........................................................ 5,250
Congress-Bundestag exchange ......................................................................................................................................................................................................... 2,000 2,500 ........................................................ 2,500
Seattle Goodwill Games ................................................................................................................................................................................................................... 500 500 ........................................................ 500
Arts America Program .................................................................................................................................................................................................................... 5,000 5,000 ........................................................ 5,000
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w w
December 14, 1987 CONGRESSIONAL RECORD - HOUSE
FISCAL YEAR 1988-89 EARMARKS-All AGENCIES-Continued
[In thousands of dollars)
Zorinsky Memorial Library ............. ....................... ....................................... .................................................................................................... __......... ..................
United States Soviet student exchanges (Simon and Udall) .............................................................................................................................. 2,000
Free Press in Nicaragua ...................................................... .................................... ....... ................... ............................................................ ...._...........................
Television and film service ........................................... _.......... .......................................... .............................................................................................................
Woddnet audience survey ...............................................................................................................................................................................................................
Solidarity ..........................................................................................................................................................................................................................................
BIB: Construction ............................................................................................ _........................................................................................................................................
$1 million is earmarked for this purpose within the allocation for UNHCR.
= In fiscal year 1988, the amount should be equal to the U.S.
TITLE I-DEPARTMENT OF STATE
PART A-AUTHORIZATION OF APPROPRIATIONS;
ALLOCATIONS OF FUNDS; RESTRICTIONS
The House bill (secs. 101-104) authorizes
$2,902,343,000 for fiscal year 1988 and
$2,933,833,000 for fiscal year 1989 for the
Department of State.
H 11329
Senate Conference b81 Senate Conference
amendment substitute House amendment substitute
300 300 ..................................................................................
2,000 2,000 2,000 ............................ 2,000
250 250 ..................................................................................
15,500 ..............................................................................................................
500 500 ..................................................................................
1,000 1,000 .................................................................................
12,000 12,000 ........................................................ 12.000
The Senate amendment (secs. 101-104) au-
thorizes $3,080,211,000 for fiscal year 1988
for the Department of State. The Senate
funding level included reallocation of funds
previously authorized under the Omnibus
Diplomatic Security and Anti-Terrorism Act
of 1986 totaling $397 million.
STATE DEPARTMENT BUDGET
Administration of foreign affairs:
Salaries and expenses ......................................................................................................
Foreign buildings operations ............................................................................................
Representational allowances .............................................................................................
Emergencies in the diplomatic consular services .............................................................
American Institute in Taiwan ...........................................................................................
Diplomatic security program:
Salaries and expenses ......................................................................................................
Protection of foreign miss i as .............................................................................. :..........
Counter terrorism R&D ....................................................................................................
International organizations and conferences:
U.N. affiliated agencies ....................................................................................................
Inter-American organizations ............................................................................................
Regional organizations .....................................................................................................
Other international organizations .....................................................................................
Subtotal international organizations .............................................................................
Peacekeeping activities ....................................................................................................
Conference and contingencies .........................................................................................
International commissions:
International Boundary and Water Commission United States-Mexico .............................
International Boundary Commission United States-Canada ...............................................
International joint commisslons ........................................................................................
International fisheries commissions ..................................................................................
Other programs:
U .S. bilateral science and technical agreements ..............................................................
Soviet and East European research .................................................................................
Migration and refugee assistance ....................................................................................
The conference substitute (secs. 101-105)
authorizes $3,100,821,000 for fiscal year 1988
and $3,162,837,000 for fiscal year 1989 for
the Department of State. The following
table summarizes the action of the commit-
tee on conference:
[In thousands of dollars)
Fiscal
year
Fiscal year 1988
Fiscal year 1989
7
198
i
ti
Administration
H
bill
Senate
Conference Administration Senate
Conference
appropr
a
on
request
ouse
amendment
substitute request House bill amendment
substitute
1.319,856
1,461,113
1,366,124
1,431,908
1,431,908 ............................ 1,431,163 ............................
1,460,546
449,480
345,368
313,124
323,000
313,124 ............................ 325,649 ...........................
319.386
4,460
4,500
4,460
4,460
4,460 ........................... 4,638............................
4,549
4,000
4,500
4,000
4,000
4,000 ............................ 4,160............................
4,080
9,379
10,000
9,379
9,379'
9,379 ............................ 9,754 ....................
9,567
292,528
390,346
390,346
' 341,954 350,000 ............................ 315,792 ............................ 357,000
9,100
9,445
9,100
9,100 ............................ 9,100............................ 9,464 9,282
0
9,000
9,000
............................
(1) ............................ 9,360 ............................
(`)
238,832
406,737
238,832
406,810
406,810 ............................ 248,385 ............................
414,946
87.198
96,660
91,698
96,660
96,660 ............................ 95,186 ............................
98,593
50,868
55,180
50,868
55,780
55,780 ............................ 52,903 ............................
56,896
8,102
11,150
8,102
11,750
11,750 ............................ 8,426 ............................
11,985
385,269
570.927
389,500
571,000
571,000 ............................ 404,900 ............................
582,420
29,400
30,000
29,400
29,400
29,400 ............................ 30,576 ............................
29,988
5,460
6,000
5,460
5,460
6,000 ......_ .................... 5,678 ......... ......... .........
6,120
14,700
16,170
14,700
14,100
14,100 ............................ 15,288 ..........................
14,994
721
805
721
720
721 ............................ 150 ..........................
735
3, 453
3,983
2,979
2,980
2,979 ............................ 3,098 ............................
3.039
10800
11,148
10,800
10,800
10,800 ............................ 11,232 .......................
11.016
29,200 ............................ 30,368 ...........................
29,784
1,900
2,000
1,900
1,900
1,900 ................ ........... 1,916 ........ _..... ...........
1938
4,600
5,000
4,600
5,000
4,600 ............................ 4,784 ............................
4,692
346,856
314,450
336,750
314,450
336,150 ................ _... .......... 350,220 ..........................
343,485
343,250 ._ ....................... 356,980 .._....... .... ._......
350,115
' Includes funds reallocated from inman security program.
Funds for this program included in authorization for diplomatic security salaries and expenses.
Regular salaries and expenses
In approving funds for fiscal year 1988,
the committee of conference agreed to pro-
vide the higher Senate funding level for the
regular salaries and expenses account, or
$1,431,908,000, to enable the Department of
State to seek sufficient appropriations to
maintain its current level of operations.
Diplomatic security salaries and expenses
The House bill (sec. 101(b)(1) and sec. 197)
authorizes a total of $390 million for sala-
ries and expenses for the Bureau of Diplo-
matic Security for the continuation of anti-
terrorism security programs and to address
technical security shortcomings at U.S. dip-
lomatic and consular missions abroad. The
Senate amendment authorizes $341 million
for the same purposes. The committee of
conference agreed to fund this account at
$350 million for fiscal year 1988 and $357
million for fiscal year 1989.
With respect to the funding of the pro-
gram for counterterrorism research and de-
velopment, the committee of conference did
not separately authorize funds for this pur-
pose, as in the House bill (sec. 101(b)(3)).
However, the committee of conference fully
expects the executive branch to continue
this important effort with funds provided
for salaries and expenses for the Bureau of
Diplomatic Security.
Fiscal year 1989
With respect to the authorization levels
provided for fiscal year 1989 (see table 1)
the committee of conference generally pro-
vided a 2 percent increase over fiscal year
1988 pursuant to the agreement between
the President and the joint congressional
leadership during the recent budget summit
concluded on November 20, 1987.
Earmarks
The House bill and the Senate amend-
ment in numerous instances earmarked
funds authorized for various purposes. The
conference substitute maintains a number
of these earmarks. The following table sum-
marizes the actions of the House and the
Senate and provides the agreement of the
committee of conference with respect to
these earmarks:
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H 113310
V V
CONGRESSIONAL RECORD - HOUSE December 14, 1987
EARMARKS FOR THE DEPARTMENT OF STATE
Communication and iatamatpn deoel ment...._........_._ ........................ _................... _.............. ...... _...................................... ......................... ... 250 ............................ 250 250 ............................ 250
Caroular posts and diplomatic mtissans abroad 3,100 50000 50.000 3,100 ............................ 50,000
laternational Atomic Energy Agency............ .._ ............ ....................._._............................._............................................................................................................ 31.443 31,443 0 ............................ 31.443
latemataal
n Civil Aviation Organuation,...... ..._ .............._._......._............_.__........................................_............................................................._......................................_............ 7,849 0 ............................ 1,849
International Mardrme Organs atan..._........._..._._....._._ ......................................................-............................................................ .............................................................................. 645 0 ............................ 645
International Tefernamunaatan Union........ --- ..............._....................-................................................_......................................................................................................... 4.471 0 ............................ 4,471
Jaded Nations ................. ...... _.... _........ _..................... _.... ...................... __......................................... _........... ......................... .-._.................................................. .. 193.188 193.188 0 ............................ 193.188
Wad Health Organization ........- ........ ......................................................... ........_............. 63.857 63.857 0 ............................ 63.857
Organisaton of American States ............................................................................................................................................................................................................... 44.915 44,915 0 ............................ 44,915
Pan AnaraanNealth OFganualkin ....... .............. _..._............_..........._.....__......-._...._._...._._.......... ..... _..................... .................. __....................... _. .38,659 39,659 0 ............................ 38,659
NATO ..................................................................................................................................................................................................................................................................................... 25,1 l0 0 ............................ 25, 1 10
OEOD .......... ............................................................................................................................................._.................................................................._....................................................... 29.385 0 29.385
Intemahaul Ylheat Coe c l.... ....... --......... _ ................... .......... ................ _......... ........... _....... ._........ .... _....... ..._..................... .............. _.......... .......................... 388 388 ........................................................ 388
East Assn relogees ..............._.........._....._. _........ ........... ......... _....... _. _....................._............................. 28,300 ........................................................ 28,300 ......................................................
Piracy in the Self of Thailand ............................... ................ ..... .................. ............... ..._............. ........... _.... ...................... _............. ........... .......... 1,300 ........................................................ 1,300 ......................................................
Af xen rehegees..... ............. ...._ ...................................................... __.................................. ............................ ................... ..................................... 61.000 ........................................................ 61.000 ......................
Near East relugees..._ .............. __.-............................. ............... ........ ............................... .._...-__._._._..__.............._........................ 89,200 .... _...... _...... ._............................ .... 89.200 .............................................
Latin American retug~s ............. .............._.............................__.............................._..... 15.500 ..._............................................. _.. 15.500 ..........................................._ ......
resetlkmeel in Israel.._ ......................_................................._.._........................................................................._-....................................... 25,000 25,000 25,000 25,000 ............................ 25.000
UN R ........................................................................._.__..__...._._...._........._................................_... 5.000..............._........... 5.000 5,090 ............. 5,000
Allocation of educatlonal asistance fa Thailand ........................................................................................................... ........... ._............ _..... _...... _.... _........... 5,000 (') ........................................................ ( )
Allocation of economic support funds assistance for Thailand ..............................................................................._................................................................................. 5,000 .............................................................................................................
IMET allocation for Thailand .................................................................................................................................................................................................................... 2,000 ...................... .............. _............. .........................
..................................
Latin American and Caribbean data base ..................................................................................................................................................................... 1,300 ............................ 1,300 1,300 ........................... 1.300
United States Embassy b Nungary ................................................................................................................._._._._.__..__..._.._.........._......._........ 60,000 .........................................................................................................................................
International dnld abduction ..................................................................................................................................................................................................................... 250 .............................................................................................................
Assistant Secretary la South Asian Attains ..................................................................................................................._..........._.............................. 1.]50 ........................................................ 1.750 .....................................................
International Committee of the Red Goss ............................................................................................................................................................................................................................ () ........................................................ (2)
$1 million is earmarked for this purpose within the allocation of UNHCR.
In local year 1988, the amount should be equal to We U.S.
REDUCTION IN EARMARKS IF APPROPRIATIONS
ARE LESS THAN AUTHORIZATIONS
The House bill (sec. 701) provides that if
the amount appropriated for any fiscal year
pursuant to any authorization provided by
this act is less than the amount of the au-
thorization, the earmarks made by this act
shall be reduced proportionately.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 106) is the
same as the House bill.
TRANSFER OF FUNDS
The Senate amendment (sec. 560) repeals
section 401(a)(4) of the Omnibus Diplomatic
Security and Anti-Terrorism Act of 1986
and authorizes the Department of State to
use funds authorized to be appropriated for
salaries and expenses of the Bureau of Dip-
lomatic Security by section 401(a)(1)(A) of
the Omnibus Diplomatic Security and Anti-
Terrorism Act of 1986 for any salaries and
expenses purpose.
The House bill contains no comparable
provision.
The conference substitute (sec. 107) au-
thorizes the Secretary of State to transfer
to the salaries and expenses account of the
Department of State amounts appropriated
to the Department of State for any fiscal
year, prior to fiscal year 1989, for capital
construction programs. The transfer au-
thority specifically does not apply to any
funds authorized under the Omnibus Diplo-
matic Security and Anti-Terrorism Act of
1986. Furthermore, in any fiscal year, the
aggregate of the amounts transferred under
this section and the amounts appropriated
for salaries and expenses may not exceed
the authorization provided by this act for
that purpose.
COMPLIANCE WITH PRESIDENTIAL-
CONGRESSIONAL SUMMIT AGREEMENT
While the House-Senate conference was
underway, the President and congressional
leaders agreed to an overall funding cap for
the international affairs budget function
150, of which authorizations under this act
are a part. The conference substitute provi-
sion (sec. 108) was agreed to by the commit-
tee an conference to ensure that no funds
authorized by this act may be appropriated
in excess of the limits agreed upon by the
Presidential-Congressional Summit Agree-
ment of November 20, 1987, or any subse-
quent implementing laws.
PROHIBITION ON USE OF FUNDS FOR POLITICAL
PURPOSES
The Senate amendment (sec. 503) prohib-
its funds authorized by this act or any other
act authorizing funds for any entity en-
gaged in any activity concerning the foreign
affairs of the United States from being used
for publicity or propaganda purposes de-
signed to support or defeat legislation pend-
ing before the Congress or to influence in
any way the outcome of a political election.
An officer or employee of the U.S. Govern-
ment who violates or attempts to violate
this section shall be fined not more than
$1,000 or imprisoned for not more than 1
year Or both, and after notice and hearing,
shall be removed from office or employ-
ment.
The House bill contains no comparable
provision.
The conference substitute (sec. 109) is
similar to the Senate amendment, but de-
letes the criminal and employment penalties
for violation of this section.
LATIN AMERICAN AND CARIBBEAN DATA BASE
The Senate amendment (sec. 537) directs
the Secretary of State, in consultation with
the heads of appropriate departments and
agencies of the U.S. Government, to use not
less than $1.3 million from the salaries and
expenses account to provide for the estab-
lishment of a Latin American and Caribbe-
an data base. The Senate amendment also
requires that any new contractual agree-
ment entered into shall be subject to full
and open competition, and that the Secre-
tary of State shall ensure that the funds are
not awarded to maintain services that are
significantly duplicative of existing services.
The House bill (sec. 136) contains a simi-
lar provision.
The conference substitute (sec. 110) com-
bines the two provisions and specifies that
the data base referred to is dealing with on-
line bibliographic data.
PART B-DEPARTMENT OF STATE AUTHORITIES
AND ACTIVITIES; FOREIGN MISSIONS REPRO-
GRAMMING OF FUNDS APPROPRIATED FOR THE
DEPARTMENT OF STATE
The House bill (sec. 123) amends section
34 of the State Department Basic Authori-
ties Act of 1956 to prohibit the reprogram-
ming of any funds during the last 15 days in
which such funds are available, unless
notice of such reprogramming is made
before that period.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 121) is the
same as the House bill.
CONSULAR AND DIPLOMATIC POSTS ABROAD
The Senate amendment (sec. 107) prohib-
its the use of funds authorized by this or
any other act to pay the expenses related to
the closing of any U.S. mission or consulate
abroad or to pay any expenses related to the
Bureau of Administration or any of its func-
tions if any U.S. consulate or mission is
closed after January 1, 1987 and not re-
opened. This provision does not apply to
any post closed due to a break or downgrad-
ing in relations, a post where there is a real
and present threat to Americans in the city
where the post is located, or where the post
is closed to open one of a higher priority
and the total number of consulates and mis-
sions abroad is not less than the number
that existed on January 1, 1987.
In addition, the Senate amendment also
fences off $50 million of the funds author-
ized for the administration of foreign affairs
subject to the reopening of the specified
U.S. consulates. With the reopening of the
specified consulates, funds not needed for
the operations of the consulates may be
used for other purposes.
The House bill (sec. 144) contains a com-
parable provision.
The conference substitute (sec. 122) is
similar to the Senate amendment, but adds
additional criteria which provides an excep-
tion when a host government will not allow
the post to be reopened and which permits
the Secretary of State to submit a report
proposing a list of posts to be downgraded
or closed in the event of a sequestration
order under the Gramm-Rudman-Hollings
deficit reduction legislation.
CLOSING OF DIPLOMATIC AND CONSULAR POSTS
IN ANTIGUA AND BARBUDA
The House bill (sec. 141) prohibits the use
of funds authorized for the Department of
State for any fiscal year for the expenses of
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December 14, 1987 IENGRESSIONAL RECORD - HOUSE H 11331
maintaining a U.S. diplomatic or consular
post in Antigua and Barbuda.
The Senate amendment (sec. 567) contains
an identical provision.
The conference substitute (sec. 123) is
similar to the House bill, but allows for a
Presidential waiver of this section on na-
tional security grounds.
The committee of conference notes that
the expenses incurred in maintaining the
U.S. Embassy in Antigua and Barbuda is far
in excess of a reasonable expense needed to
conduct necessary relations with a country
whose population is less than 70,000. The
need for the current level of staffing with
full-time, resident American diplomats has
not been convincingly demonstrated. The
committee of conference directs the Depart-
ment of State to undertake a comprehensive
review of the staffing levels in Antigua and
Barbuda with a view toward reducing the
present staffing levels by 60 percent or
more.
REPORT ON EXPENDITURES MADE FROM APPRO-
PRIATION FOR EMERGENCIES IN THE DIPLO-
MATIC AND CONSULAR SERVICE
The Senate amendment (sec. 101(c)) di-
rects the Secretary of State to provide the
Committee on Foreign Affairs and Commit-
tee on Appropriations of the House of Rep-
resentatives and the Committee on Foreign
Relations and Committee on Appropriations
of the Senate a quarterly report on expendi-
tures made from the appropriation for
Emergencies in the Diplomatic and Consul-
ar Service.
The House bill contains no comparable
provision.
The conference substitute (sec. 124) is the
same as the Senate amendment.
REQUIREMENTS APPLICABLE TO GIFTS USED FOR
REPRESENTATIONAL PURPOSES
The House bill (sec. 126) amends section
25(b) of the State Department Basic Au-
thorities Act of 1956 to prohibit the expend-
iture of gift funds for representational pur-
poses except in accordance with the same
conditions that apply to appropriated funds.
The Senate amendment contains no com.
parable provision.
The conference substitute (sec. 125) is the
same as the House bill. This provision
allows the Department of State to apply
either the restrictions applied to representa-
tional expenditures made from the funds
authorized to be appropriated under para-
graph 101(a)(3) of this act or the restric-
tions applied to expenditures authorized to
be appropriated under paragraph 101(a)(4).
The Department is directed under this sec-
tion to adopt regulations which strictly con-
form to this section with respect to section
101(a)(4). The committee of conference also
stresses that nothing in this section should
be construed to mandate that the Depart-
ment of State must modify more stringent
restrictions currently in force.
PROTECTION OF HISTORIC AND ARTISTIC FUR-
NISHINGS OF RECEPTION AREAS OF THE DE-
PARTMENT OF STATE
The Senate amendment (sec. 131 and sec.
132) amends the State Department Basic
Authorities Act of 1956 to provide authority
for the Secretary of State to preserve the
historic style and quality of designated
areas of the Department of State building,
to authorize the Secretary to sell items
which are not needed and trade or purchase
articles which enhance the museum charac-
ter of the rooms, and to give the Depart-
ment of State the same authority to insure
items purchased for reception rooms as it
now has to insure items that are loaned or
donated.
The House bill contains no comparable
provision.
The conference substitute (sec. 126) com-
bines the two provisions while consolidating
and modifying the provisions to stress the
historic and artistic nature of the designat-
ed areas. The conference substitute also
makes clear that the purpose of the provi-
sion is to leave the areas for the use of the
American people. The conference substitute
also provides that the administration of this
section should not conflict with the admin-
istration of the Department of State or with
the use of the reception areas for official
purposes of the U.S. Government. The com-
mittee of conference stresses that such use
includes use by all three branches of the
Federal Government.
INCLUSION OF COERCIVE POPULATION CONTROL
INFORMATION IN ANNUAL HUMAN RIGHTS
REPORT
The House bill (sec. 131) amends the For-
eign Assistance Act to include information
on coercive population control, including co-
erced abortion, in the Department of State's
annual country report on human rights
practices.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 127) is
similar to the House bill, but specifies that
information on coerced abortion and invol-
untary sterilization be provided wherever
applicable.
LIMITATION ON USE OF A FOREIGN MISSION IN A
MANNER INCOMPATIBLE WITH ITS STATUS AS A
FOREIGN MISSION
The House bill (sec. 128) amends the State
Department Basic Authorities Act of 1956
to prohibit the use of a foreign mission for
any purpose incompatible with its status as
a foreign mission, including use as a resi-
dence for unaffiliated aliens. The Secretary
of State may waive this provision if he pro-
vides written notification of such a waiver
30 days in advance which includes the rea-
sons for such a waiver. The House bill also
requires an annual report not later than
February 1 of each year on the implementa-
tion of this section.
The Senate (sec. 563) contains a similar
provision.
The conference substitute (sec. 128) is
similar to the House bill but changes the
annual reporting requirement to a one time
report 180 days after the date of enactment,
and such other reports concerning changes
in implementation that may be necessary.
ALLOCATION OF SHARED COSTS AT MISSIONS
ABROAD
The House bill (sec. 129) directs the Secre-
tary of State to review, and revise if neces-
sary, the allocation procedures under which
agencies reimburse the Department of State
for shared adminstrative costs at U.S. mis-
sions abroad in order to provide for full re-
imbursement of such costs. The House bill
also requires the Secretary to submit a
report within 3 months after the date of en-
actment to the Committee on Foreign Af-
fairs of the House of Representatives and
the Committee on Foreign Relations of the
Senate on such review and revision.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 129) is the
same as the House bill.
PROHIBITION ON THE USE OF FUNDS FOR FACILI-
TIES IN ISRAEL, JERUSALEM, OR THE WEST
BANK
The Senate amendment (see. 136) prohib-
its the obligation or expenditure of any
funds authorized by this act or any amend-
ment made by this act for site acquisition,
development, or construction of any facility
in Israel, Jerusalem, or the West Bank.
The House bill contains no comparable
provision.
The conference substitute (sec. 130) pro-
hibits the obligation or expenditure of
funds authorized by title I of this act for
the acquisition, development, or construc-
tion of any new diplomatic facility in Israel,
Jerusalem, or the West Bank. This section is
not meant to apply to security upgrades at
existing diplomatic facilities or nonsecurity
related construction, such as the new Voice
of America transmitter facility.
PURCHASING AND LEASING OF RESIDENCES
The Senate amendment (sec. 540) contains
congressional findings regarding the pur-
chasing and leasing of overseas residences
and expresses the sense of the Congress fa-
voring the purchase of residences over the
leasing of residences.
The House bill contains no comparable
provision.
The conference substitute (sec. 131) ex-
presses the sense of the Congress that the
Secretary of State should include in the
fiscal year 1989 congressional budget pres-
entations information on the advantages
and disadvantages of purchasing rather
than leasing properties.
PROHIBITION ON ACQUISITION OF HOUSE FOR
SECRETARY OF STATE
The Senate amendment (sec. 569) prohib-
its the Department of State from soliciting
or receiving funds for the construction, pur-
chase, lease, or rental of, or any gift or be-
quest of real property for the purpose of
providing living quarters for the Secretary
of State.
The House bill contains no comparable
provision.
The conference substitute (sec. 132) is
similar to the Senate amendment, with
technical modifications.
U.S. DEPARTMENT OF STATE FREEDOM OF
EXPRESSION
The Senate amendment (sec. 546) states
that it is not in the national security inter-
est of the United States for Department of
State to declare itself a foreign mission and
prohibits the Department from doing so.
The House bill - contains no comparable
provision.
The conference substitute (sec. 133) is
similar to the Senate amendment, but
makes a technical correction to eliminate
the provisions designation as a separate act.
REPEAL OF OFFICE OF POLICY AND PROGRAM
REVIEW
The Senate amendment (sec. 115) amends
the Diplomatic Security Act to repeal the
Office of Policy and Program Review of the
Department of State.
The House bill contains no comparable
provision.
The conference substitute (sec. 134) is the
same as the Senate amendment.
STUDIES AND PLANNING FOR A CONSOLIDATED
TRAINING FACILITY FOR THE FOREIGN SERVICE
INSTITUTE
The Senate amendment (sec. 137) amends
the Foreign Relations Authorization Act,
fiscal years 1986 and 1987 to extend the au-
thorization for the Secretary of State to
transfer up to $11 million of the funds au-
thorized for the administration of foreign
affairs to the Administrator of General
Services for carrying out feasibility studies,
site preparation, and design, architectural,
and engineering planning of a consolidated
training facility for the Foreign Service In-
stitute.
The House bill contains no comparable
provision.
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H 11332 CONGRESSIONAL RECORD - HOUSE December 14, 1987
The conference substitute (sec. 1350 is the
same as :the Senate .amendment.
RESTRICTION OF SUPERVISION OF GOVERNMENT
EMPLOYEES BY CHIEFS OF MISSION
The House bill (sec. 158) amends the For-
eign Service of 1980 to provide an exemp-
tion to current law regarding a chief of mis-
sion's authority in a foreign country with
respect to all U.S. Government employees In
that country. Specifically, It states that the
chief of mission's authorities and responsi-
bilities regarding U.S. Government employ-
ees shall not affect the performance of offi-
cial duties by Members?of Congress, employ-
ees of the Congress, or employees of the
General Accounting Office.
The Senate amendment (sec. 111) isaimi-
lar to the House bill, but clarifies that the
chief of mission's responsibilities and au-
thorities are, under the system of separa-
tion of powers, limited to U.S. Government
employees serving in the executive branch,
and clarifies that only executive branch
agencies must keep the chief of mission in-
formed with respect to the activities of its
employees in that country.
The conference substitute (sec. 136) is the
same as the Senate provision. The commit-
tee of conference notes that the General Ac-
counting Office is not an executive branch
agency and therefore the staff of the GAO
is not required to be under the direction of
the chief of mission.
STUDY AND REPORT CONCERNING THE STATUS OF
INDIVIDUALS WITH DIPLOMATIC IMMUNITY IN
THE UNITED STATES
The Senate amendment (secs. 1001 to
1013) contains a number of provisions relat-
ing to persons -entitled to :immunity from
the jurisdiction of the United States as fol-
lows:
It requires the Director of the Office of
Foreign Missions to develop and maintain
records on each incident of alleged criminal
misconduct on the part of a foreign diplo-
mat, and to report annually to the Congress
on those incidents;
It directs the Office of Foreign Missions
to undertake an education program for local
law enforcement officials to assure that
local officials know which members of the
diplomatic community are entitled to what
degree of immunity under the Vienna Con-
vention on Diplomatic Immunity, and to
take necessary steps to assure that.crimes
alleged to have been .committed by foreign
diplomats or members of their families are
fully investigated, charges filed, and pros-
ecution instituted, to the extent consistent
with the criminal immunity granted to the
accused under the Vienna Convention;
It prohibits the Department of State from
influencing any criminal investigation,
charge, or prosecution of any member of a
foreign mission, or family member, not enti-
tled to immunity under the Vienna Conven-
tion;
It requires the Director of the Office of
Foreign Missions to notify the Diplomatic
Corps of U.S. policies relating to criminal
offenses committed by members of the -dip-
lomatic community;
It requires the Director of the Office of
Foreign Missions to develop and implement
procedures for the registration and depar-
ture of diplomats and their families;
It sets forth a procedure for the issuing of
a summons to any individual entitled to im-
munity under the Vienna Convention be-
lieved to have committed a serious crime,
and requires the Secretary of State to re-
quest the sending state to waive immunity
of any individual charged with a serious
criminal offense, and if such waiver Is not
granted, to declare such individual persona
non grata;
It requires the Secretary of State to notify
the Commissioner :oaf the Immigration and
Naturalization Service of each diplomat
who leaves voluntarily or is asked to leave
because of an alleged criminal offense;
It amends section 212(a) of the Immigra-
tion and Nationality Act to :bar reentry into
the United States of any individual who has
left the country -voluntarily or who has been
asked to leave because of alleged involve-
ment in a serious criminal offense;
it authorizes the institution and mainte-
nance of criminal prosecution provided that
no measure is taken in derogation of the
immune individuals inviolability or immuni-
ty;
It requires both the Secretary of State
and the Comptroller of the United States to
review and report to Congress on U.S. poli-
cies of providing privileges and immunities
to foreign diplomats;
It requires the Attorney General, in con-
sultation with the Secretary of State, to
review U.S. procedures for issuing visas to
diplomats to the United States and the
United Nations;
It increases current laws minimum auto-
mobile liability insurance from $300,000 to
$1 million;
It requires the Director of the Office of
Foreign Missions to set up a liability insur-
ance scheme to compensate victims of
crimes committed by diplomats;
It requires the President to take necessary
steps to prevent the use of diplomatic
pouches for illicit transportation of drugs,
explosives, and -weapons or any material
used to foster terrorism;
It institutes procedures for certifying to a
court immunity from criminal jurisdiction
of any individual issued a summons by the
court under the provisions of this title,
under which the foreign minister of the
sending state must request certification of
immunity for an individual alleged to have
committed a criminal offense to the head of
the U.S. mission in the sending state, who
shall then make that request to the Secre-
tary of State; and
It amends the definition of "family" in
the Diplomatic Relations At to exclude,
except in exceptional cases, children -aged 21
or over, or aged 23 or over if the child is a
full-time student in ~a postsecondary institu-
tion.
The House bill contains no comparable
provision.
The conference substitute (sec. 137) re-
quires the Secretary of State to undertake a
study and compile a report setting forth -the
extent of the problem arising from diplo-
matic immunity from criminal prosecution
and from civil suit; the background of the
issue; an analysis of the proposed Senate
amendment and other potential measures to
address the.problem, including the costs and
difficulties associated with such proposals;
the :impact on U.S.diplomatic personnel if
reciprocal measures are imposed by foreign
governments; and recommendations for ad-
dressing the problem. The report is to sub-
mitted to the Committees on Foreign Af-
fairs and on the Judiciary of the House of
Representatives and the Committees on
Foreign Relations and on the Judiciary of
the Senate within 90 days of the date of en-
actment of this act.
FEDERAL JURISDICTION Or DIRECT ACTIONS
AGAINST INSURERS OF DIPLOMATIC AGENTS
The Senate amendment (sec. 502) provides
that a direct action may be brought against
an insurer of a member of a mission, or
family member of such a member, after a
member has left the diplomatic service. The
insurer is subject to a civil action as long as
the individual insured was a member of a
mission, or a family member to such a
member, at'-the time of the tortious act.
The House bill contains no comparable
provision.
The conference substitute (sec. 138:) is the
same as the Senate amendment.
ENFORCEMENT OF CASE-ZABLOCKI ACT
REQUIREMENTS
The Senate amendment (sec. 501) prohib-
its funding for any international 'agreement
the text of which is required to be transmit-
ted to Congress under section 112b(a) of
title I, U.S.C. (known as the Case-Zablocki
Act) if such agreement has not been submit-
ted to the Congress under the requirements
of that section.
The House bill contains no comparable
provision.
The conference substitute (sec. 139) is
similar to the Senate amendment with an
amendment making the prohibition a 2-year
prohibition for fiscal years 1988 and 1989.
The conference substitute also allows the
executive branch 60 days before the prohibi-
tion applies to submit all agreements which
have not been submitted pursuant to sec-
tion 112b(a) of the Case-Zablocki Act.
For agreements entered into by the
Agency for International Development on
behalf of the U.S. Government, the Case-
Zablacki Act requirements will be deemed to
have been met if cable confirmation of the
signing of such agreements, including the
amount obligated, is submitted to the Con-
gress within the '60-day period provided for
in the Case-Zablocki Act.
ANNUAL COUNTRY REPORTS ON TERRORISM
The House bill (sec.- 130) requires the
transmission of annual country reports pro-
viding detailed assessments with respect to
certain foreign countries antiterrorism ef-
forts, including their efforts with respect to
airport security and training of antiterror-
ism forces; their judicial response with re-
spect to international terrorism; the extent
of their support for international terrorism;
and their positions in international fora on
questions relating to International terror-
ism.
The Senate bill contains no comparable
provision.
The conference substitute (sec. 140) pro-
vides that certain information requested in
the original House bill, relating to the re-
sponse of the judicial system in the relevant
countries, need be provided only with re-
spect to matters relating to acts of interna-
tional terrorism affecting American citizens
or facilities or which have a significant
impact of U.S. counterterrorism efforts.
The conference substitute also requires
the Secretary of State to report all relevant
information about the activities of certain
terrorist groups and their subgroups, identi-
fying foreign governments which provide
significant financial support, significant
military assistance, diplomatic recognition
or privileges, and sanctuary from prosecu-
tion to such terrorist groups. The commit-
tee of .conference intends this report to
cover such known terrorist groups as the
PLO and its ancillary groups, the PFLP,
Abu Nidal, DFLP, Saiqu, the Red Army Fac-
tion, and the Red Brigade.
The conference substitute also provides
that the first annual report be provided to
Congress by August 31, 1988 and that this
report cover events occurring between June
1, 1987 and May 31, 1928. The committee of
conference expects that the report required
under this section will be prepared with as-
sistance from the Ambassador-at-Large for
Counterterrorism, and may be submitted as
part of the annual report on global patterns
of terrorism. Further, the committee of con-
ference expects the Department of State
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
and other relevant agencies to provide suffi-
cient resources and personnel to assure that
this report is comprehensive and made
available in conformity with this section.
RESTRICTION ON USE OF FUNDS FOR "PUBLIC
DIPLOMACY" EFFORTS
The Senate amendment (sec. 109) prohib-
its the Department of State from entering
into contracts or purchase orders for the
provision of a variety of public relations ac-
tivities, except within the Bureau of Public
Affairs, and limits the Bureau's ability to
contract for such services to $389,000 annu-
ally.
The House bill (sec. 135) contains a relat-
ed provision which provides that during
fiscal years 1988 and 1989, a contract related
to advocacy and policy positions may be en-
tered into by or on behalf of the Office of
Public Diplomacy, or the Office of the Coor-
dinator for Public Diplomacy for Latin
America and the Caribbean, of the Depart-
ment of State only if the Committee on For-
eign Affairs of the House of Representatives
and the Committee on Foreign Relations of
the Senate are notified 15 days in advance
of the proposed contract.
The conference substitute (sec. 141) com-
bines the two provisions. To the extent that
this section refers to refugees, the commit-
tee of conference does not intend this sec-
tion to interfere with any programs of the
Bureau for Refugee Affairs to provide refu-
gees with information or support services
that will assist in their resettlement in the
United States.
AUTHORITY TO INVEST AND RECOVER EXPENSES
FROM INTERNATIONAL CLAIMS SETTLEMENT
FUNDS
The Senate amendment (sec. 505) author-
izes the Department of the Treasury to
invest funds paid by foreign governments in
claims settlement cases, pending disbursal
to U.S. citizens. It would also require the
Secretary of State to deduct 5 percent from
the amount of a settlement to cover the
costs of obtaining the settlement and proc-
essing claims, which would be returned to
the U.S. Treasury.
The House bill contains no comparable
provision.
The conference substitute (sec. 142) is
similar to the Senate amendment, but de-
letes the authority for the Secretary of
State to deduct 5 percent from the amount
of the settlement.
REGIONAL AND FUNCTIONAL BUREAUS OF THE
DEPARTMENT OF STATE
The House bill (sec. 122) directs the
Comptroller General of the United States to
submit a report on the organization to the
regional and functional bureaus of the De-
partment of State to the Committee on For-
eign Affairs of the House of Representatives
and the Committee on Foreign Relations of
the Senate within 6 months after the date
of enactment of this act. The Comptroller
General shall make recommendations as he
determines reasonable for improving the or-
ganizational structure of the Department.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision. In deleting this provision, the com-
mittee of conference notes that it is already
within its power to request such a study as
directed by the House provision.
U.S. PRODUCED FOOD AND BEVERAGES
The House bill (sec. 125) reaffirms exist-
ing law which requires, to the maximum
extent practicable, that food and beverages
served at U.S. diplomatic functions be prod-
ucts of agricultural commodities produced
in the United States.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision. However, the committee of confer-
ence reaffirms congressional commitment to
section 905 of the Foreign Service Act of
1980 which requires, to the maximum
extent practicable, the use of U.S. products
for entertainment at U.S. posts overseas.
IMPLEMENTATION OF GRACE COMMISSION
REPORT
The House bill (sec. 140) directs the Secre-
tary of State to submit a report to the Con-
gress within 6 months after the date of en-
actment on the extent to which the recom-
mendations of the Grace Commission have
been implemented by the Department of
State.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision. However, the committee of confer-
ence urges the Secretary of State to consid-
er implementing those recommendations of
the Grace Commission which apply to the
Department of State.
DIPLOMATIC SECURITY OFFICER OF A
DIPLOMATIC OR CONSULAR POST
The House bill (sec. 127) amends the Dip-
lomatic Security Act to provide that the dip-
lomatic security officer shall: as a member
of the country team report directly to the
deputy chief of mission; head the emergen-
cy action committee of that mission if desig-
nated by the chief of mission; submit a
monthly written report to the chief of mis-
sion on the status of the security program;
and be responsible for the status of all dip-
lomatic security personnel.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision in light of the decision of the commit-
tee of conference to defer all reorganization
proposals until after a thorough review of
the Department of State's organization is
completed.
CONDUCT OF FOREIGN POLICY
The Senate amendment (sec. 123) ex-
presses the sense of Congress that the
United States should strengthen, through
various means, the competence and profes-
sionalism of the conduct of foreign policy.
The House bill contains no comparable
provision.
The conference substitute deletes the pro-
vision. The committee of conference notes
that the new national training center in for-
eign affairs, authorized by chapter 7 of the
Foreign Service Act of 1980 is cost effective
and will provide the United States with sig-
nificant new capabilities to meet the goal of
the Senate amendment. The committee of
conference urges the Secretary of State to
proceed with architectural and engineering
design for this national training center.
ASSISTANT SECRETARY FOR SOUTH ASIA
The House bill (sec. 133) establishes
within the Department of State the position
of Assistant Secretary for South Asian Af-
fairs, who shall have responsibility for
India, Pakistan, Bangladesh, Sri Lanka,
Nepal, Bhutan, Afghanistan, and Maldives.
The House bill also requires the President
to transfer $1.75 million to the salaries and
expenses account from the development as-
sistance and economic support fund ac-
counts which are allocated for Asia and
Near East regional programs for expenses
incurred in carrying out this section.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes this
provision in light of the decision of the com-
mittee of conference to defer all reorganiza-
tion proposals until after a thorough review
of the Department of State's organization is
completed.
H 11333
IMPROVEMENT OF CONGRESSIONAL RELATIONS
FUNCTIONS
The House bill (sec. 137) directs that the
Assistant Secretary of State for Legislative
and Intergovernmental Relations shall pos-
sess and exercise full authority and respon-
sibility for all activities, personnel, and re-
sources within the Department of State In-
volving congressional relations. The House
bill also directs the Secretary of State to
consolidate all congressional relations func-
tions directly under the Assistant Secretary.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision.
PART C-DIPLOMATIC RECIPROCITY AND
SECURITY
SOVIET EMBASSY AGREEMENT; PROHIBITION ON
USE OF MOUNT ALTO SITE
The House bill (Sec. 185) requires the
United States to withdraw from the con-
struction and site exchange agreements
with the Soviet Union governing the con-
struction of new embassies by both coun-
tries in 1 year and 10 days after enactment,
unless the President exercises certain waiv-
ers provided. No earlier than 6 months after
enactment, the President is empowered to
waive this requirement if he determines (a)
that it was vital to the national security of
the United States not to withdraw, (b) that
steps have been or will be taken to ensure
that the new U.S. chancery in Moscow can
be safely and securely occupied and used for
its intended purpose, and (c) that steps have
been or will be taken by October 1, 1989 to
eliminate damage to the national security of
the United States due to electronic surveil-
lance from Soviet facilities on Mount Alto.
The United States is required to notify the
Soviet Government of these provisions
within 5 days of enactment of this act. If
the withdrawal occurs, the Mount Alto site
ceases to be available for use by any foreign
mission.
The Senate amendment (sees. 135 and
550) also requires the United States to void
the agreements but provides no discretion
to the President to waive this action. The
United States is required to enter Into nego-
tiations for a new agreement that would re-
quire the Soviet Union to move its new Em-
bassy to a site not more than 90 feet above
mean sea level, but does not specify when or
if the Mount Alto site would actually cease
to be available to the Soviets pending the
outcome of the new negotiations. In addi-
tion, the Senate amendment mandates a
number of reports pertaining to United
States-Soviet Embassy agreement.
The conference substitute (sec. 1515) di-
rects the President to make certain determi-
nations, 6 months after the enactment of
this act, regarding the security of the new
U.S. Embassy in Moscow and the presence
of the Soviet Embassy on Mount Alto in
Washington, DC. If the President is unable
to make the determinations de.,cribed
below, the Secretary of State shall notify
the Government of the Soviet Union that
the United States will withdraw from the
United States-Soviet Embassy Agreement,
and that the Mount Alto site will cease to be
available to that Government. The U.S.
withdrawal and the unavailability of Mount
Alto will be effective 1 year and 10 days
after the earliest date on which the Presi-
dent could have made the determinations.
The committee of conference intends this
language to provide the President with a re-
alistic waiver option provided he can deter-
mine that all feasible and effective steps are
being or will be taken to secure our Embassy
in Moscow and to remove the threat to U.S.
national security from the Soviet occupa-
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CONGRESSIONAL RECORD - HOUSE December 14, 1987
tion of the Mount Alto site. This waiver
does not become effective until 30 days after
the report of the determinations and waiver
is filed with Congress to allow the opportu-
nity for congressional review of the Presi-
dent's determination. The report is to In-
clude a detailed justification for each of the
determinations, an assessment of the impact
on national security of the removal of the
Soviet Embassy from Mount Alto, and the
steps that have been or will be taken to
achieve the security objectives in the new
chanceries In Moscow and on Mount Alto.
The committee of conference notes that
the Joint United States-Soviet Summit
Statement made by President Reagan and
General Secretary Gorbachev on December
10, 1987 contained the following with re-
spect to the security of diplomatic missions:
"Both sides agreed on the importance of
adequate, secure facilities for their respec-
tive diplomatic and consular establishments,
and emphasized the need to approach prob-
lems relating to the functioning of Embas-
sies and Consulates General constructively
on the basis of reciprocity."
RECOVERY OF DAMAGES INCURRED AS A RESULT
OF SOVIET INTELLIGENCE ACTIVITIES DIRECT-
ED AT THE NEW U.S. EMBASSY IN MOSCOW.
The House bill (sec. 186) contains a provi-
sion urging that the United States-Soviet
arbitration, which is already underway to
recover damages from construction delays
of the new U.S. Embassy in Moscow, be ex-
panded to include reimbursement for costs
incurred by the United States for the Soviet
compromise of that facility.
The Senate amendment contains no com-
parable provision.
The conference substitute (Sec. 152) is the
same as the House bill, except for the re-
moval of the phrase "be expanded to" in re-
ferring to the recovery of costs for Soviet in-
telligence activities.
UNITED STATES-SOVIET RECIPROCITY IN
MATTERS RELATING TO EMBASSIES
The House bill (sec. 187) directs the Secre-
tary of State to use his authorities under
title II of the State Department Basic Au-
thorities Act so that, by October 1, 1989,
U.S. diplomatic and consular missions in the
Soviet Union:
Do not pay more than the fair value for
goods and services;
Have full access to goods and services, in-
cluding utilities; and
Have real property, used for residential
and office purposes, equivalent, in terms of
quantity and quality, to the real property
available to the Soviet diplomatic and con-
sular missions to the United States.
Furthermore, the House bill directs the
Secretary of State to require the Soviet
Union to close such facilities which is in the
aggregate not less than 20 percent of the
difference between the total square footage
occupied by the Soviet mission in the
United States and the total square footage
occupied by the U.S. mission to the Soviet
Union.
Finally, the House bill prohibits the
Soviet mission to the United States to
occupy a new consulate here until the U.S.
mission to the Soviet Union is occupying
secure facilities in Kiev.
The Senate amendment (sec. 133) directs
the Secretary to submit an annual report on
the cost of operating diplomatic and consul-
ar missions in the Soviet Union or in a
member country of the Warsaw Pact. When
these costs are found not to bear reasonable
realtionship to the norm in any country, the
Secretary is directed to adjust the costs to
such country of any benefits received in the
United States. Finally, 60 days after the
date of enactment, the Secretary of State
shall report to Congress on plans for the im-
plementation of this section.
The conference substitute (sec. 153) is
similar to the House bill except that the
provision requiring the closing of Soviet fa-
cilities in the United States was dropped,
and the Soviet mission to the United Na-
tions is excluded from the base when calcu-
lating Soviet real estate in the United
States.
REPORT ON PERSONNEL OF SOVIET STATE
TRADING ENTERPRISES
The House bill (sec. 188) requires the Sec-
retary of State to submit a report to Con-
gress regarding the desirability of reducing
the number of personnel at Soviet State
Trading enterprises in the United States.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 154) is the
same as the House bill.
PERSONNEL SECURITY PROGRAM FOR EMBASSIES
IN HIGH THREAT COUNTRIES
The House bill (sec. 190) directs the Secre-
tary of State to establish a special security
program for personnel of the Department
of State assigned to diplomatic missions in
high intelligence threat countries. Such a
program shall include criteria and policies
for selection and screening, counterintelli-
gence awareness and training, and security
reporting and command arrangements de-
signed to counter intelligence threats.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 155) is
similar to the House provision. The report
shall also include criteria and policies with
respect to rest and recuperative absences.
ACCOUNTABILITY REVIEW BOARDS
The House bill (sec. 191) amends the Dip-
lomatic Security Act to provide for the con-
vening of review boards in cases involving
serious breach of security involving intelli-
gence activities of a foreign government di-
rected at a U.S. mission abroad.
The Senate amendment (sec. 135(d)(2))
amends existing law, as in the House ver-
sion. In addition, the Senate provision au-
thorizes the Secretary of State to delay the
convening of a board if doing so would com-
promise sources and methods.
The conference substitute (sec. 156) is
similar to the Senate amendment. However,
it requires the Secretary to consult with the
appropriate committees of Congress prior to
any decision to delay the convening of an
accountability review board.
PROHIBITION ON CERTAIN EMPLOYMENT AT U.S.
DIPLOMATIC AND CONSULAR MISSIONS IN COM-
MUNIST COUNTRIES.
The House bill (sec. 192) prohibits the em-
ployment of Foreign Service Nationals
(ESN's) at U.S. diplomatic and consular fa-
cilities in any Communist country, effective
September 30, 1989. In addition, it expresses
the willingness of Congress to provide neces-
sary funds for the implementation of the
prohibition.
The Senate amendment (sec. 525) prohib-
its the employment of ESN's at U.S. diplo-
matic and consular facilities in any Commu-
nist country, effective September 30, 1989.
The conference substitute (sec. 157),
which becomes effective on September 30,
1990, prohibits the emloyment of FSN's in
areas of diplomatic and consular missions
and compounds where classified materials
are maintained. The committee of confer-
ence urges the Department of State to make
efforts to provide facilities, from which
ESN's would be prohibited, that house the
core embassy operations, which would com-
prise all classified activities and other sensi-
tive operations. The conference substitute
also includes a waiver which the President
may exercise in the event (a) funds are nei-
ther authorized nor appropriated for the
purpose of implementing this provision, or
(b) if he determines that it is in the national
security interest of the United States to
continue to employ such foreign national
employees in circumstances otherwise pro-
hibited by this provision.
Finally, the conference substitute directs
the Secretary of State to submit, as a part
of the fiscal year 1990-91 budget request a
report on the feasibility of the implementa-
tion of this section as well as Its budgetary
impact.
TERMINATION OF RETIREMENT BENEFITS FOR
FOREIGN NATIONAL EMPLOYEES ENGAGING IN
HOSTILE INTELLIGENCE ACTIVITIES
The Senate amendment (sec. 525(b)) di-
rects the Secretary of State to exercise
available authorities to ensure the United
States does not provide, directly or indirect-
ly, any retirment benefits to a present or
former foreign national employee of a U.S.
diplomatic mission who the Secretary of
State reasonably believes engaged in intelli-
gence activities directed against the United
States. The Secretary of State may waive
this provision, on a case-by-case basis, if the
Director of Central Intelligence requests
such a waiver, or the Secretary determines
that such waiver is vital to the national se-
curity interests of the United States.
The House bill (sec. 193) contains a simi-
lar provision.
The conference substitute (sec. 158) is the
same as the Senate amendment. The com-
mittee of conference notes that subchapter
II of chapter 83 of title 5, United States
Code provides for the forfeiture of annuities
and retired pay to individuals convicted of
certain serious crimes, including espionage,
disclosure of classified information, and sab-
otage. Insofar as a foreign national employ-
ee is eligible for a retirement benefit to
which subchapter II applies the Secretary
of State must utilize the procedures of this
subchapter to terminate benefits. The com-
mittee of conference urges the Secretary of
State to use this authority and such other
authorities as he has available in situations
in which foreign nationals receive retire-
ment benefits not covered by this subchap-
ter.
REPORT ON EMPLOYMENT OF FOREIGN SERVICE
NATIONALS
The House bill (sec. 194) requires the Sec-
retary of State to report to Congress not
later than 6 months after the date of enact-
ment on the advisability of employing for-
eign service nationals at U.S. diplomatic and
consular posts abroad.
The Senate amendment (sec. 525(c)) con-
tains a similar provision.
The conference substitute (sec. 159) re-
quires the Secretary of State to consult with
the Secretaries of Commerce and Agricul-
ture, and the Directors of Central Intelli-
gence, the United States Information
Agency, and the Peace Corps in compiling
the report on the employment of foreign
service nationals, and to include in the
report information on the access of such
employees to automatic data processing sys-
tems and networks.
CONSTRUCTION SECURITY CERTIFICATION
The Senate amendment (secs. 135(a),
135(e), 135(g). 538, 539, and 554) contains
numerous reporting requirements pertain-
ing to the security program of diplomatic
missions abroad, and to the security of con-
struction projects and other related issues.
The House bill contains no comparable
provisions.
The conference substitute (sec. 160) di-
rects the Secretary of State to certify to
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Congress, before undertaking any new con-
struction project, that (a) appropriate steps
have been taken to secure the construction
project, and (b) that the resulting facility
will incorporate adequate security measures
for the protection of national security infor-
mation and personnel.
PROTECTION FROM FUTURE HOSTILE
INTELLIGENCE ACTIVITIES
The House bill (sec. 199) prohibits the ac-
quisition of real property in the United
States by or on behalf of a foreign mission
of certain foreign countries if in the judg-
ment of either the Secretary of Defense or
the Director of the Federal Bureau of Inves-
tigation such acquisition might substantial-
ly improve that country's ability to engage
in intelligence activities hostile to U.S. na-
tional security interests.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 161) is
similar to the House bill language but
makes clear that this provision is not in-
tended to prevent the establishment of a
foreign mission by a country which, on the
date of enactment, does not have a mission
in the United States or to prevent a country
from opening a consular mission in a city in
which it does not currently have such a mis-
sion.
APPLICATION OF TRAVEL RESTRICTIONS TO PER-
SONNEL OF CERTAIN COUNTRIES AND ORGANI-
ZATIONS
The House bill (sec. 146) limits the travel
of certain foreign personnel in the United
States to within the municipal areas in
which they are located. The personnel af-
fected include all foreign employees of
international organizations; officials from
certain foreign countries at their embassies
and consulates or missions to international
organizations; and personnel of certain for-
eign organizations.
The countries whose missions are affected
under the House bill include all Communist
countries (except Albania), Iran, Libya, and
Nicaragua. The foreign organizations affect-
ed include the African National Congress,
the Palestine Liberation Organization, and
the South West African People's Organiza-
tion. In addition, the House bill allows for a
waiver of this provision by the Secretary of
State after consultation with the Directors
of Central Intelligence and of the Federal
Bureau of Investigation based on U.S. na-
tional security and foreign policy interests.
The Senate amendment (sec. 533) applies
the same restrictions, including travel re-
strictions, as are applied to Soviet missions
in the United States to all personnel of for=
eign missions (including embassies, consul-
ates, and missions of international organiza-
tions) from Warsaw Pact countries and
Cuba. The Senate amendment also allows
for a Presidential waiver based on national
security and foreign policy consideration in
specific circumstances provided such a
waiver is reported to the Intelligence Com-
mittees of the House of Representatives and
the Senate. In addition, the Senate amend-
ment requires the Secretary of State to
report to these committees 6 months after
the date of enactment on the implementa-
tion of this section.
The conference substitute (sec. 162) im-
poses travel restrictions on those individuals
who, as determined by the Secretary of
State, are (1) personnel of an international
organization, if the individual is a national
of a foreign country whose government en-
gages in intelligence activities in the United
States that are harmful to the national se-
curity interests of the United States, or (2)
personnel of a mission to an international
organization, if that mission is the mission
of a foreign government that engages in in-
telligence activities in the United States
that are harmful to the national security in-
terests of the United States.
The conference substitute provides for a
waiver of this provision by the Secretary of
State in consultation with the Directors of
Central Intelligence and of the Federal
Bureau of Investigation on national security
and foreign policy grounds and requires the
Secretary to report every 6 months to the
Committees on Foreign Affairs and on In-
telligence of the House of Representatives
and the Committee on Foreign Relations
and on Intelligence of the Senate every 6
months on the implementation of this sec-
tion.
COUNTERINTELLIGENCE POLYGRAPH SCREENING
OF DIPLOMATIC SECURITY SERVICE PERSONNEL
The House bill (sec. 189) directs the Secre-
tary of State to implement a counterintelli-
gence polygraph examination program for
members of the Diplomatic Security Serv-
ice. The Secretary will establish regulations
providing that the scope and the conduct of
such examinations, and the rights of indi-
viduals subject to such examinations will be
at the very least the same as those under
the counterintelligence polygraph program
conducted pursuant to section 1221 of the
Department of Defense Authorization Act,
1986. The scope is limited to counterintelli-
gence questions only; the same restrictions
imposed on the Department of Defense pro-
gram will apply to the Department of State
including scope, frequency, and duration.
The program is authorized during fiscal
years 1988 and 1989 only.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 163) is the
same as the House bill.
UNITED STATES EMBASSY IN HUNGARY
The House bill (sec. 142) contains a provi-
sion expressing the sense of Congress that
the Department of State should conclude an
agreement with the Government of Hunga-
ry that would allow for the construction of
new embassy facilities in that country
which would totally segregate sensitive ac-
tivities from those of an unclassified and
public-oriented character. Furthermore,
such an agreement should ensure that the
U.S. Government will have the right to
employ only U.S. citizens and will have com-
plete control over across to the construction
sites. The House bill also earmarks $60 mil-
lion to carry out the purposes of this sec-
tion.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 164) is
similar to the House bill, except that the
earmark was removed.
REORGANIZATION
The House bill (sec. 195) establishes a new
Under Secretary for Security, Construction,
Communications and Missions (SCCM).
This consolidates the functions of the
Bureau of Diplomatic Security (DS), the
Office of Foreign Building Operations
(FBO), the Office of Communications (OC),
and the Office of Foreign Missions (OFM).
The House bill also raises the status of
OFM to a full bureau (sec. 196).
The Senate amendment (sec. 547) calls on
the Department of State to submit an ac-
ceptable security reorganization plan, and,
failing congressional approval of such a
plan, would have established a new Under
Secretary for Security, Construction, and
Foreign Missions:
The conference substitute deletes all new
positions contained in the House bill as well
as the requirement for a reorganization plan
contained in the Senate amendment in light
of the decision of the committee of confer-
ence to defer all reorganization proposals
until after a thorough review of the Depart-
ment of State's organization, which will be
forthcoming in 1988. However, the commit-
tee of conference notes with concern the or-
ganizational problems that have been iden-
tified in the security function of the Depart-
ment of State, as well as the haphazard or-
ganizational growth in the Department in
recent years.
USE OF PRIOR FISCAL YEAR AND FISCAL YEAR
1988 DIPLOMATIC SECURITY FUNDS
The Senate amendment (sec. 101(b)) per-
mits the Secretary of State to transfer
funds authorized the Omnibus Diplomatic
Security and Anti-Terrorism Act of 1986, for
fiscal years 1986 through 1990, for diplomat-
ic security capital construction projects for
any other security purposes and for foreign
buildings operations. Furthermore, of the
$417,962,000 authorized to be appropriated
under Public Law 99-399 for diplomatic se-
curity capital construction funds authorized
to be appropriated in fiscal year 1988, the
Senate provision reallocated $323 million to
the regular acquisition and maintenance of
foreign buildings account, and $74 million to
the salaries and expenses account of the
Bureau of Diplomatic Security.
The House bill contains no comparable
provision.
The conference substitute deletes this
provision.
REDUCTION OF CAPITAL CONSTRUCTION ACCOUNT
The Senate amendment (sec. 106) amends
section 401(a)(3) of the Omnibus Diplomatic
Security and Anti-Terrorism Act of 1986 to
reduce the amount authorized to be appro-
priated for fiscal year 1988 for diplomatic
security capital construction from
$417,962,000 to $397,262,000.
The House bill contains no comparable
provision.
The conference substitute deletes the
Senate provision.
SECURITY GUARD PROGRAM
The House bill (see. 199F) prohibits
Marine security guards (MSG's) from per-
forming guard duty beyond 12 months at
diplomatic or consular posts in high intelli-
gence threat countries. This provision also
stipulates that MSG's would be allowed two
separate rest and recuperative periods while
stationed in a high intelligence threat coun-
try. and that the Secretary of Defense may
waive any portion of this provision.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision. In light of recent administrative
action by the Marine Corps to limit MSG
tour lengths in Eastern Bloc countries to 12
months and in Moscow to 6 months, to pro-
vide two rest and recuperative periods for
MSG personnel during their tour and place
a prohibition on repeat tours, the commit-
tee of conference believes that additional
legislative language is not required.
The committee on conference is satisfied
that the administrative action by the
Marine Corps to limit MSG tour lengths in
Moscow and Eastern Europe has addressed
most of the concerns of Congress. However,
there remains an aspect of the assignment
policies that continues to require adminis-
trative action: the failure of the Marine
Corps and the Department of State to pro-
vide R&R travel authority for dependents
residing with MSG's assigned to these coun-
tries. The hardship factors calling for R&R
or tour limitation for Marines are equally
difficult for the families of the Marines.
The committee of conference therefore
urges the Department of State and the
Marine Corps to proceed on an expedited
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H 11336 CONGRESSIONAL RECORD - HOUSE December 14, 1987
schedule to provide rest and recuperative
travel for Marine families assigned to these
high intelligence threat countries that are
not inferior to those provided to U.S. civil-
ian personnel assigned to the same country.
PART D-PERSONNEL MATTERS
COMMISSION TO STUDY FOREIGN SERVICE
PERSONNEL SYSTEM
The Senate amendment (sec. 555) directs
the Secretary of State to appoint a commis-
sion of five distinguished members to con-
duct a study of the Foreign Service person-
nel system. The purpose of the commission
is to develop a personnel system that pro-
vides adequate career stability to members
of the Foreign Service. Commission mem-
bers are to be appointed after consultation
with the Committee on Foreign Relations of
the Senate and the exclusive representa-
tives.
The House bill contains no comparable
provision.
The conference substitute (see. 171) is
similar to the Senate amendment. However,
it provides that appointments to the com-
mission would be made after consultation
with the Committees on Foreign Affairs and
on the Post Office and Civil Service of the
House and the Committee on Foreign Rela-
tions of the Senate.
PROTECTION OF CIVIL SERVICE EMPLOYEES
The Senate amendment (sec. 121) contains
congressional findings that the Department
of State has overlooked the contribution of
Civil Service employees in the Department
and establishes in the Office of the Secre-
tary of State the position of Ombudsman
for Civil Service Employees. The Ombuds-
man would report directly to the Secretary
of State and would have the right to partici-
pate in all Management Council meetings in
order to protect the career interests of Civil
Service employees.
The House bill contains no comparable
provision.
The conference substitute (sec. 172) is
similar to the Senate provision, with the ad-
ditional stipulation that the position of Om-
budsman be a career reserved position
within the Senior Executive Service, and
will be designated from one of the Senior
Executive Service positions in existence on
the date of enactment. The Ombudsman for
Civil Service employees shall be subject to'
all provisions of title 5, United States Code,
relating to career-reserved positions.
COMPENSATION FOR CERTAIN STATE
DEPARTMENT OFFICIALS
The House bill (sec. 134) amends the State
Department Basic Authorities Act, of 1956
to establish a pay authority for the Coordi-
nator for International Communications
and Information Policy and for the Director
of the Office of Foreign Missions. The rate
of pay for both positions would be set at ex-
ecutive level IV. The provision contains a
Budget Act waiver and an effective date of
October 1, 1987.
The Senate amendment (sec. 113) is simi-
lar to the House bill, with no effective date
or budget act waiver.
The conference substitute (sec. 173) is
similar to the House provision, with an ef-
fective date of 30 days after the date of en-
actment of the act.
AUDIT OF MERIT PERSONNEL SYSTEM OF
FOREIGN SERVICE
The Senate amendment (sec. 556) re-
quired the Director of the Office of Person-
nel Management to conduct an audit and in-
spection of the merit personnel system in
the Foreign Service and report to the Con-
gress by June 1, 1988, regarding necessary
improvements in the system. Reports of
racial, ethnic, sexual, and other discrimina-
tory practices, would be the focus of the
report. The report shall pay particular at-
tention to reports of racial, ethnic, sexual,
and other discriminatory practices in the re-
cruitment, appointment, assignment, and
promotion of Foreign Service employees.
The House bill contains no comparable
provision.
The conference substitute (sec. 174) is
similar to the Senate provision, but directs
the Comptroller General of the United
States to undertake the audit and inspec-
tion, and report not later than 1 year after
the date of enactment of this act.
PERFORMANCE PAY
The House bill (sec. 161) suspends senior
performance awards to the Department of
State for 1 year and requires the Inspector
General of the Department of State to com-
plete a reivew of the Department's perform-
ance award system by the end of fiscal year
1988. The House bill (sec. 162) also contains
a provisiondealing with the awarding of ex-
ecutive service merit bonuses to individuals
responsible for security at the U.S. Embassy
in Moscow. The House bill notes that an in-
vestigation was being conducted at the time
concerning violations of security and the
status of security at the U.S. Embassy in
Moscow, and that the investigation could
have resulted in findings or allegations of
possible negligence or nonfeasance of these
individuals. The House bill expressed the
view of the House that in consideration of
this pending investigation, it was inappro-
priate for the Secretary of State to award
senior executive merit bonuses to such indi-
viduals before such an investigation was
completed.
The Senate amendment (sec. 116) contains
a provision allowing the portion of a per-
formance pay award which cannot be paid
to a member of the Senior Foreign Service
because of pay cap limitations in a given
year to remain available for that individual
in the following year.
The conference substitute (sec. 175) re-
quires the Inspector General of the Depart-
ment of State to complete its review of the
performance award system of the Depart-
ment not later than May 1, 1988, and sus-
pends performance awards for the Senior
Foreign Service until that review is complet-
ed. The conference substitute also retains
the Senate provision on carryover of per-
formance pay, but deletes the House provi-
sion dealing with the awarding of executive
merit bonuses to individuals responsible for
security at the U.S. Embassy in Moscow.
CHIEF OF MISSIONS SALARY
The Senate amendment (sec. 551) provides
that chiefs of mission would receive a salary
at one of the annual rates payable for exec-
utive levels II through V, which would be
considered full compensation. Chiefs of mis-
sion would not be eligible for additional
compensation in the form of hardship dif-
ferential, performance pay, or other incen-
tive allowances. However, chiefs of mission
could receive danger pay.
The House bill contains no comparable
provision.
The conference substitute (sec. 177) estab-
lishes executive level II as a total compensa-
tion cap for chiefs of mission, except for
danger pay which may be paid without re-
spect to that limitation. The substitute also
provides that a member of the Senior For-
eign Service who accepts a Presidential ap-
pointment may receive only the pay and
benefits of the Presidential appointment,
and would no longer be eligible to receive
performance pay.
PAY LEVEL OF AMBASSADORS-AT-LARGE
The House bill (sec. 124) reduces the
salary of future Ambassadors-at-Large from
Executive level II to level IV, or from the
equivalent of the Deputy Secretary to that
of an Assistant Secretary. The provision
contains an effective date of October 1,
1987, and would not apply to the salary of
any individual serving as Ambassador-at-
Large on that date.
The Senate amendment (sec. 112) is simi-
lar to the House provision.
The conference substitute (sec. 178) is
similar to the House amendment, but con-
tains an effective date of 30 days after the
date of enactment of this act.
FOREIGN SERVICE CAREER CANDIDATES TAX
TREATMENT
The Senate amendment (sec. 124) provides
that Foreign Service career candidates or
career members may not represent to the
District of Columbia or any State or locality
that they are exempt from income taxes on
the basis of holding a Presidential appoint-
ment subject to Senate confirmation, or on
the basis of serving in an appointment
whose tenure is at the pleasure of the Presi-
dent.
The House bill contains no comparable
provision.
The conference substitute (sec. 179) is the
same as the Senate amendment, with an ef-
fective date beginning with calendar year
1988.
PROHIBITION ON MEMBER OF A FOREIGN SERVICE
UNION NEGOTIATING ON BEHALF OF THE DE-
PARTMENT OF STATE
The House bill (sec. 160) amends section
1018 of the Foreign Service Act of 1980 to
prohibit a member of the exclusive repre-
sentative from negotiating on behalf of the
Department of State.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 180) con-
tains a sense of the Congress with regard to
labor-management negotiations between the
Department of State and the exclusive rep-
resentative of the Department's Foreign
Service employees. The conference substi-
tute urges the Secretary of State to take
steps to assure that those who direct and
conduct negotiations on behalf of manage-
ment are not also beneficiaries of the agree-
ments made with the exclusive representa-
tive.
CLARIFICATION OF JURISDICTION OF FOREIGN
SERVICE GRIEVANCE BOARD
The House bill (sec. 154) clarifies the au-
thority of the Foreign Service Grievance
Board to grant tenure as a remedy, either
through recommendation to the Secretary
or an order. The House bill also provides
that the Foreign Service Grievance Board
has the authority to direct the Department
of State to pay reasonable attorneys fees in
separation for cause cases, where cause is
not established at a hearing before the For-
eign Service Grievance Board. The amend-
ments made by this provision would apply
with respect to grievances filed after the
date of enactment of this act.
The Senate amendment (sec. 120) removes
the authority of an agency head to reject a
recommendation of the Foreign Service
Grievance Board if the agency head believes
such a recommendation is contrary to law.
The agency head would be required to im-
plement the Board's recommendation and
seek judicial review as an aggrieved party
under section 1110 of the Foreign Service
Act of 1980. This provision also cross refer-
ences the Grievance Board's procedures and
authority under chapter 11 of the Foreign
Service Act with its responsibility to decide
separation for cause cases, enabling the
Board to award attorney fees in section 610
cases. The amendments made by this sec-
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tion would not apply to any grievance in
which the Board has issued a final decision
prior to the date of enactment of this act.
The conference substitute (sec. 181) main-
tains the Secretary of State's authority to
reject a Grievance Board decision because it
is contrary to law. If the Secretary deter-
mines that such a decision is contrary to
law, the Secretary must request, within 30
days of receipt of the decision, that the
Board reconsider its recommendation. The
Board must subsequently review the Secre-
tary's decision within 30 days and make a
further recommendation to confirm,
modify, or vacate its original decision. This
recommendation would be considered a final
action to be implemented by the Secretary.
The conference substitute also incorpo-
rates the language of the House bill with re-
spect to the ability of the Grievance Board
to grant tenure, and with respect to the au-
thority of the Board to direct the Depart-
ment to pay attorneys fees in separation for
cause cases. The substitute also provides
that these provisions will not apply to any
grievance in which the Board has issued a
final decision prior to the date of enactment
of this act.
The committee of conference has included
this section to address the concern of career
candidates in the Foreign -Service who be-
lieve they may, on occasion, be denied a rea-
sonable and fair opportunity to demonstrate
fitness and aptitude for a career appoint-
ment. In such instances, the Foreign Service
Grievance Board will now have specific au-
thority to remedy such harm by recom-
mending tenure. In including this authority,
tenure may be granted as a remedy if the
Board determines that no other remedy pro-
vides adequate and suitable redress for the
harm found by the Board. For example, sec-
tion 309 of the Foreign -Service Act is
amended by this section to authorize the al-
ternative remedy of extending limited ap-
pointments where necessary to afford candi-
dates a full and fair opportunity to demon-
strate fitness and aptitude for career ap-
pointment in the Foreign Service.
RECORD OF GRIEVANCES AWARDED
The Senate amendment (sec. 557) amends
the Foreign Service Act of 1980 to require
the Foreign Service Grievance Board to
maintain records of all grievances awarded
in favor of the grievant which concern gross
misconduct by a supervisor of the grievant.
Whenever such supervisor is nominated for
a position requiring the advice and consent
of the Senate, the Board would provide the
Committee on Foreign Relations of the
Senate with a copy of the grievance deci-
sion.
The House bill contains no comparable
provision.
The conference substitute (sec. 182) is
similar to the Senate amendment. It also di-
rects the Board to provide a copy of any
records which are provided to the Commit-
tee on Foreign Relations of the Senate, to
the supervisor who is the subject of the
grievance. The supervisor may in turn make
comments to the committee concerning
these records. The conference substitute
also provides that all records disclosed and
comments provided to the Committee on
Foreign Relations by the supervisor shall be
treated as confidential.
WOMEN AND MINORITIES IN THE FOREIGN
SERVICE
The House bill (secs. 139 and 157) contains
two provisions relating to the Department
of State's employment practices with re-
spect to women and minorities. It expands
existing Department of State reporting re-
quirements pursuant to section 105(d)(2) of
the Foreign Service Act to address the De-
partment's progress in increasing the
number of women and minorities serving at
the Assistant Secretary and Bureau level,
and to address the number of Hispanic
Americans, Asian Americans, and Native
Americans serving in the Senior Executive
Service and Senior Foreign Service. The
House bill also requires the Secretary of
State and the heads of each Federal agency
utilizing the Foreign Service personnel
system to increase their efforts to imple-
ment congressionally mandated plans to
make the Foreign Service representative of
the American people.
The Senate amendment (sec. 119) repeals
certain reporting requirements required by
the Foreign Service Act of 1980 and by the
Foreign Relations Authorization Act, fiscal
years 1986 and 1987. The provision also con-
solidates reporting requirements formerly
required under section 2402 of the Foreign
Service- Act. Reports required to be submit-
ted by the Department of State to the
Equal Employment Opportunity Commis-
sion or the Office of Personnel Management
are substituted for the affirmative action
report required under section 105(d)(2) of
the Foreign Service Act.
The conference substitute (sec. 183)
merges the two House provisions and modi-
fies the Senate provision to retain the re-
porting requirement under section 2402(c)
of the Foreign Service Act with regard to
consultation with the exclusive representa-
tive on steps taken to implement the For-
eign Service Act.
COMPLIANCE WITH LAW REQUIRING REPORTS TO
CONGRESS
The Senate amendment (sec. 559) requires
the Department of State to submit to the
Congress a report complying with the 1980
and 1984 congressional requests for a listing
and description of all policy and supporting
positions in the Department of State and re-
lated agencies. It also provides that no
funds authorized by this act could be obli-
gated or expended until the Department
complied with this requirement.
The House bill contains no comparable
provision.
The conference substitute (sec. 184) pro-
vides for a similar reporting requirement
complying with the 1984 congressional re-
quest, but eliminates the prohibition on the
use of funds pending compliance. Instead,
the conference substitute requires the Sec-
retary of State to provide information in a
timely manner whenever the Committee on
the Post Office and Civil Service of the
House of Representatives or the Committee
on Governmental Affairs of the Senate re-
quest information for inclusion in the publi-
cation "U.S. Government Policy and Sup-
porting Positions."
DISPOSITION OF PERSONAL PROPERTY ABROAD
The House bill (sec. 1001) contains a pro-
vision which would preclude individual U.S.
Government employees from realizing
undue profits from the sale of personal
property imported or purchased in a foreign
country, when that property was exempt
from import limitations, customs duties, and
other taxes by virtue of the employee's dip-
lomatic or official status.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 186) is
similar to the House bill, but clarifies that
the purpose of regulations issued by the
Secretary of State with regard to the dispo-
sition of personal property is to ensure that
employees and members of their families do
not personally profit from transactions with
persons not entitled to examptions from
import restrictions, duties, or taxes.
BENEFITS FOR CERTAIN FORMER SPOUSES OF
MEMBER OF THE FOREIGN SERVICE
The House bill (sec. 152) adds new sections
to chapter 8 of the Foreign Service Act to
provide retirement and survivor annuities
and access to health insurance to former
spouses who were divorced from members of
the Foreign Service before the effective
date of the 1980 Foreign Service Act. The
House bill parallels the fiscal years 1987 In-
telligence Authorization Act which ex-
tended similar benefits to certain former
spouses of CIA employees.
The Senate amendment (sec. 118) contains
a similar provision.
The conference substitute (sec. 188) is
similar to the House bill. The committee of
conference notes that the Department of
State estimates the cost for fiscal year 1988
to be approximately $700,000. This cost
would gradually rise for the next few years,
and then decline over the next 20 to 30
years as the number of former spouses re-
ceiving benefits gradually diminishes.
DEBT COLLECTION
The House bill (sec. 143) directs the Secre-
tary of State to enter into contracts for the
collection of debts owed by a person, other
than a foreign country, to the United States
which arise from activities of the Depart-
ment of State and which are delinquent by
more than 3 months. The house bill also re-
quires that any person contracted with by
the Department submit a status report on
collections every 6 months. The Secretary
shall also, to the extent otherwise permitted
by law, disclose any debt of more than $100
which is delinquent more than 31 days to
those credit reporting agencies to which the
Secretary reports loan activity information.
The House bill (sec. 212) also includes an
identical provision relating to debts owed to
the United States arising from activities of
the United States Information Agency.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes both
provisions.
CONTROLLED SUBSTANCES TESTING
The House bill (sec. 145) provides for a
controlled substance testing program for
employees of the Department of State
having access to classified information.
The Senate bill contains no comparable
provision.
The conference substitute deletes this
provision. The Supplemental Appropria-
tions Act for fiscal year 1987 (Public Law
100-71) contained a provision setting com-
prehensive standards for substance abuse
testing of Federal employees. The legisla-
tion contained in the supplemental appro-
priations bill was the result of considerable
negotiation between the Congress and the
executive branch. As governmentwide regu-
lations are now in effect, a separate sub-
stance abuse testing program for the De-
partment of State is not required.
FUNCTIONS OF INSPECTOR GENERAL
The House bill (sec. 155) amends the For-
eign Service Act of 1980 to delete the re-
quirement that the Inspector General of
the Department of State inspect and audit
the administration of activities and oper-
ations of each Foreign Service post and each
bureau and other operating unit of the De-
partment of State at least every 5 years.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision.
FOREIGN SERVICE HEALTH CARE
The House bill (sec. 156) expresses the
sense on Congress concerning the establish-
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H 11338
w w
CONGRESSIONAL RECORD - HOUSE December 14, 1987
ment of a health care program for the De-
partment of State.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision.
PROHIBITION ON POLITICAL ACTIVITIES OF
AMBASSADORS
The House bill (sec. 156) prohibits ambas-
sadors from taking an active part in their
official capacity in partisan compaigns in
the United States.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision.
VISITS OF FOREIGN DIGNATARIES TO THE
CAPITOL
The Senate amendment (sec. 541) ex-
presses the sense of the Senate that in ar-
ranging visits of foreign dignitaries to the
U.S. Capitol, the Department of State
should do so with a minimum of display.
The House bill contains no comparable
provision.
The conference substitute deletes the pro-
vision.
AUTHORIZATIONS OF APPROPRIATIONS
The House bill (sec. 201 and sec. 301) pro-
vides authorization for the operations of the
United States Information Agency in two
separate titles totaling $820,552,000 in fiscal
year 1988 and $919,474,000 in fiscal year
1989. Title II authorizes the appropriation
of $627,700,000 for fiscal year 1988 and
$652,908,000 for fiscal year 1989 for the ac-
BUDGET FOR U.S. INFORMATION AGENCY
[in tirousands of ddlarsl
1987 Administration Senate Conference Administration Senate Conference bill
bit appropriation request House amendment substitute request tlolge amendment substitute
Title It: U.S. Information Agency:
Salaries and expenses ........... _ .................................................... _................ ........ ......... 352,095 374,264 371,455 377,000
Television and film service ........................ ..................... _................... ..... ...................... 30.391 43,655 31,306 ...... _.................. _
NED .................... _..................................................... _................................................ _.. 15,000 25,000 17,500 17,750
East-West Center ..................... ............. _...................... .................................. _.......... _.. 20.000 20,000 20,000 20,000
Title III: Educational and Cultural Programs:
Exchange programs ................................................ .................. _.......................... ......... 181,580 190.339 187,439 185,000
S. Smith Memorial Exchange Program ..................................... _...._....................... _._.. 0 0 0 2.000
Title IV: Voice of America:
Salaries and expenses.......... _ .............. _.......................... _.................... _....................... 166.935 179,538 177,200 170,000
Radio construction ....................... __......................... _..._.............. _......................... _..... 66.000 90,000 0 0
VGA/Europe .............. ....... _..._................................................. _........................ ............. 2,231 2,022 3.000 .................. :......._
RBC .............................................................................................. _............... ................. 12.759 12,434 12,652 10,000
Subtotal .......... _...... _ ................................................................._ .............................. 247,925 283,994 192.852 180.000
Fiscal Year 1989
With respect to the authorization levels
provided for fiscal year 1989 (see table 3)
the committee of conference provides a 2
percent increase over fiscal year 1988 levels
pursuant to the agreement between the
President and the joint congressional lead-
ership during the recent budget summit
concluded on November 20, 1987.
Earmarks
The House bill and the Senate amend-
ment in numerous instances earmarked
tivities of the Agency except for the Voice
of America and related radio broadcasting
operations. Title III of the House bill pro-
vides $192,852,000 for fiscal year 1988 and
$266,566,000 for fiscal year 1989 for the ac-
tivities of the Voice of America and Radio
Broadcasting to Cuba.
The Senate amendment (secs. 201 through
203) authorizes the appropriation of
$781,751,000 for fiscal year 1988 for the
United States Information Agency.
The conference substitute (secs. 201, 210,
301, 203, and 401) authorizes the total ap-
propriation of $820,823,000 for fiscal year
1988 and $837,239,000 for fiscal year 1989
for all elements of the agency. However,
these amounts are authorized in three sepa-
rate titles. The action of the committee of
conference is summarized in the following
table:
369,455 398.956 886,513 ............ .............. 376,845
30.391 48,752 32,558 ... .............. _........ 30,999
17,500 25.000 18.100 ................... _. _.... 18,100
20,000 20,700 20,800 ............................ 20,400
188,625 192,992 194,937 ...................... _... 192,438
2,000 0 0 ............................ 2,000
177,200 190.826 184,288 .............. .._......... 180,744
0 180,000 66.000 ..........._ .............. 0
3.000 ............................ 3,120 ............................ 3,060
12,652 12,889 13,158 ............................ 12,905
192.852 383,715 266,566 ............................ 196,709
funds authorized herein for various pur-
poses. The conference substitute maintains
a number of these earmarks. The following
table summarizes the actions of the House
and the Senate and provides the agreement
of the committee of conference with respect
to these earmarks:
U.S. INFORMATION AGENCY EARMARKS
[In tharsabs of ddlasl
Futbright Academic Exchange Program ............................................ ..._ .............. _....................... _........ _...... ...................................................................... _.............
International Visitors
Program ...... _...... __ ....................................................................................._.............._...._.............................._._................__........_.............._.
H Fellowship Program ........................................ _............ _......... _.._......... ........... _....... .............. _._.............._._........_..............._.......__._.............. ............
Congree- undestag Exchange ............. _..._....... _............ _..._................ _..... _...... _................................ _............... __........................................... _.............................
Seattle Goodwill Games ..............................................................................................................................................................................................._...........................
Arts America Program ......................................... _.............. _........... _...................................................... ........ _.......................... _.............. __......... ..................... _.....
Zoensky Memorial ........................................................................................................_........ _..._ --._..........._..........................................._...........................
United States-Soviet Exchanges (Simon-Udall) ....................................... ..................... 2,000
free Press in Nicaragua ................... _.............. _................................. _........................................................................................ ...................... ...................... _............
Television and Film Service ......................... ...................................................... ......................................... _............. _..............................................................................
Wouldnet Audence Survey .......... _ ..................................................... _.......................... ................. _....... _._ ........... ....... ................... ...... ........_...........................
Solidarity..._......... _.... _.._...... _ ............................................................ _.......... _.......................................... _.................... ........................................
TITLE II-UNITED STATES INFORMATION
AGENCY
FUNDS APPROPRIATED FOR USIA
The House bill (sec. 202) amends section
705(b) of the United States Information and
Educational Exchange Act of 1948 to make
permanent the existing grant notification
requirement for certain USIA grants, and
prohibits the reprogramming of any funds
during the last 15 days in which such funds
Senate
amendment
Conference Senate
substitute amendment
Conference
substitute
93,000
93.000 ....................... _...............................
93.000
39.000
39,000 .................. _....................................
39,000
5.250
5.250......_...._._ ..._........ _..... __........
5.250
2,000
2,500 ......_._........_.....__............ ___.
2,500
500
500 ......... _ .............................................
500
5,000
5,000 ......... .............. .......... ............ ........
5,000
300
300 .... _....... _ ............................. _...........
_.._...............
2.000
2,000 2,000 .................. _........
2.000
250
250 ........................ _........................................................
15,500
500
...................................... _......................................................................
500 ...... _..___ ................................... _.......... ...............
1,000
1.000 ....... _.......... .... ...................................... ._.......
are available, unless notice of such repro-
gramming is made before that period.
The Senate bill (sec. 208) extends for an
additional 2 years the existing grant notifi-
cation requirement for certain USIA grants.
The conference substitute (sec. 202) is the
same as the House bill, with a technical cor-
rection to the effective date.
RECEIPTS FROM ENGLISH-TEACHING AND
LIBRARY PROGRAMS
The Senate amendment (sec. 210) amends
section 810 of the United States Informa-
tion and Educational Exchange Act of 1948
to authorize USIA to retain receipts from
the rental of English teaching tapes and
programs, library services, television pro-
grams, and motion pictures.
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The House bill contains no comparable
provision.
The conference substitute (sec. 203) au-
thorizes USIA to retain receipts from the
rental of English-teaching tapes and pro-
grams, and from the provision of library
services, but deletes the authority to retain
receipts for television and motion pictures.
In providing authority to charge for library
services, it is the intention of the committee
of conference to permit retention of charges
for data base searches and similar costly ac-
tivities. This shall not be construed as au-
thority to charge for the use of books, peri-
odicals, and other regular library materials
and services.
USIA POSTS AND PERSONNEL OVERSEAS
The Senate amendment (sec. 206) prohib-
its the use of funds authorized by this or
any other act to pay the expenses related to
the closing of any USIA post abroad or to
pay any expenses related to the Bureau of
Management or with the "Television and
Film Service" if any USIA post is closed
after April 1, 1987 and not reopened within
90 days of the date of enactment. The
Senate amendment also prohibits reduc-
tions in overseas American positions until
the ratio of American employees stationed
in the United States has been reduced to
the 1981 level.
These provisions shall not apply to any
post closed due to a break or downgrading
in relations, a post where there is a real and
present threat to Americans in the city
where the post is located, or where the post
is closed to open one of a higher priority
and the total number of consulates and mis-
sions abroad is not less than the number
that existed on January 1. 1987.
The House bill contains no comparable
provision.
The conference substitute (sec. 204) is the
same as the Senate amendment.
FORTY-YEAR LEASING AUTHORITY
The Senate amendment (sec. 209) amends
section 801(3) of the United States Informa-
tion and Educational Exchange Act of 1948
to extend the period for which real property
associated with facilities for radio transmis-
sion and reception may be leased from 25 to
40 years.
The House bill contains no comparable
provision.
The conference substitute (sec. 205) is the
same as the Senate amendment.
USIA PROGRAMMING ON AFGHANISTAN
The Senate amendment (sec. 214) contains
congressional findings on the importance of
USIA programming on Afghanistan, and di-
rects the Director of USIA to implement a
formal country plan on Afghanistan, and
provide the proposed plan to Congress
within 60 days after the date of enactment.
The House bill contains no comparable
provision.
The conference substitute (sec. 206) is
similar to the Senate amendment, but de-
letes the congressional findings.
TELEVISION SERVICE OF USIA
The House bill (sec. 206) amends the
United States Information and Educational
Exchange Act of 1948 to enumerate the
principles for which Worldnet, the televi-
sion service of USIA, should be governed,
with a charter paralleling the Voice of
America charter on fairness and objectivity.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 207) is
similar to the House bill, but directs that
Worldnet operate under the same principles
as specified for the Voice of America pursu-
ant to section 503 of the United States In-
formation and Educational Exchange Act of
1948.
LIMITATION ON WORLDNET FUNDING
The House bill (sec. 207) prohibits the re-
programming or transfer of funds in fiscal
years 1988 and 1989 from any program,
project, or activity for the Woridnet pro-
gram.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 208) is the
same as the House bill.
AUDIENCE SURVEY OF WORLDNET PROGRAM
The Senate amendment (sec. 220) ear-
marks $500,000 of the funds authorized for
the Woridnet program to conduct a survey
of the number of viewers in Europe who
watch the daily passive shows of Worldnet
and requires a report to Congress not later
than 9 months after the date of enactment
on this survey.
The House bill contains no comparable
provision.
The conference substitute (sec. 209) is
similar to the Senate amendment, but
makes some technical and clarifying
changes. In addition, the conference substi-
tute adds a new subsection prohibiting the
obligation or expenditure of funds author-
ized to be appropriated to USIA on the pro-
duction or acquisition of passive programs
for Worldnet after October 1, 1988 unless
the survey required by this section has been
completed in the manner specified, the
report required by this section has been sub-
mitted, and the survey shows a high degree
of reliability that the average daily audience
of Woridnet's passive programming is not
less than 2 million viewers.
In determining the size of the average
daily European audience for the passive
(noninteractive) programs of USIA's World-
net television service, the survey required by
this section shall count only those viewers
who watch Worldnet programs on television
channels that carry Worldnet passive (non-
interactive) programs on a daily basis and in
their entirety. In determining the size of
the average daily European audience for
Woridnet passive programs, the survey shall
not count viewers who may watch the
Worldnet passive programs on tapes distrib-
uted by USIA or viewers who may watch
fragments of the passive programming as
part of news or other programs carried on
channels that do not carry Worldnet on a
daily basis.
The company that makes the audience
survey shall count viewers in accordance
with standards used by the television audi-
ence survey industry in the United States
when making as accurate a count as possible
of the number of viewers of specific com-
mercial television programs for the purpose
of determining advertising revenues. The
committee of conference expects that the
company selected to conduct the survey
shall do so without being influenced in any
way by any individual associated with USIA.
The committee of conference further ex-
pects that the Committee on Foreign Af-
fairs of the House of Representatives and
the Committee on Foreign Relations of the
Senate shall be kept currently and fully in-
formed by the company conducting the
survey and USIA on all aspects connected
with the design and process of implementa-
tion of the survey.
NATIONAL ENDOWMENT FOR DEMOCRACY
The Senate amendment (sec. 204) author-
izes $17.5 million for the National Endow-
ment for Democracy and earmarks $250,000
for support of elements of the free press
and democratic civic opposition inside Nica-
ragua which espouse democratic principles
and objectives. The Senate amendment also
specifies that, as is the case with all pro-
grams of NED, no employee of any depart-
ment, agency, or other component of the
U.S. Government may participate directly
or indirectly in controlling, directing, or pro-
viding these funds to the free press and
democratic opposition inside Nicaragua.
The House bill (sec. 201(4)) contains a
similar authorization.
The conference substitute (sec. 210) is
similar to the Senate amendment, but modi-
fies the restriction to prohibit agencies or
employees of the U.S. Government from
participating directly or indirectly in con-
trolling and directing the use of these funds
by the free press and democratic civic oppo-
sition in Nicaragua.
SEPARATE ACCOUNTS FOR NED GRANTEES
The House bill (sec. 208) provides that the
National Endowment for Democracy (NED)
ensure that grantees keep assistance provid-
ed by NED in separate accounts.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 211) is the
same as the House bill.
NED TREATMENT OF INDEPENDENT LABOR
UNIONS
The House bill (sec. 209) amends section
503 of the National Endowment for Democ-
racy Act by adding a new subsection which
states that NED may award grants to inde-
pendent labor unions.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 212) is the
same as the House bill.
U.S. ADVISORY COMMISSION ON PUBLIC
DIPLOMACY
The Senate amendment (sec. 215) updates
the statutory authority for the U.S. Adviso-
ry Commission on Public Diplomacy to re-
flect changes made as a result of the 1977
reorganization of USIA and alters the
method by which Commission members are
chosen. The Senate amendment provides
that the nine members of the Commission
be chosen as follows: five members selected
by the President, two members selected by
the Chairman or ranking member of the
Committee on Foreign Affairs of the House
of Representatives and two members select-
ed by the Chairman or ranking member of
the Committee on Foreign Relations of the
Senate, depending on which party controls
the White House. The President designates
the chairman of the Commission, and the
chairman selects the Commission staff di-
rector with the concurrence of at least five
members of the Commission.
The House bill contains no comparable
provision.
The conference substitute (sec. 213) up-
dates the statutory authority, but retains
most of the current structure of the Adviso-
ry Commission. The conference substitute
eliminates the requirement for the Commis-
sion to be appointed on a bipartisan basis,
makes the members serve at the pleasure of
the President instead of on fixed of service,
and retains the Senate confirmation of ap-
pointees.
DISTRIBUTION WITHIN THE UNITED STATES OF
USIA FILM ENTITLED "AMERICA THE WAY I SEE
IT"
The Senate amendment (sec. 561) author-
izes the distribution of the USIA film
"America the Way I See It" within the
United States.
The House bill contains no comparable
provision.
The conference substitute (sec. 214) is the
same as the Senate amendment.
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H 11340 CONGRESSIONAL RECORD - HOUSE December.14, 1987
AVAILABILITY OF CERTAIN USIA PHOTOGRAPHS
FOR DISTRIBUTION WITHIN THE UNITED
STATES BY THE DEPARTMENT OF DEFENSE
The House bill (sec. 204) directs the Direc-
tor of USIA to make available, upon re-
quest, photographs of militarty operations
and related activities that occured in the
Republic of Vietnam to the Secretary of De-
fense and Secretaries of the military depart-
ments concerned for the purpose of develop-
ing and publishing military histories.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 215) is the
same as the House bill.
USIA UNDERGRADUATE SCHOLARSHIP PROGRAM
The House bill (sec. 205) expresses the
sense of Congress that USIA should provide
increased funding for students in the Carib-
bean region under the scholarship program
for developing countries established by title
VI of the Foreign Relations Authorization
Act, fiscal years 1986 and 1987.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 216) is
similar to the House bill, but makes the pro-
vision a sense of the House of Representa-
tives and adds Aruba to the list of targeted
countries. The committee of conference
notes that for the purposes of the Fulbright
Student Program and the Hubert H. Hum-
phrey Midcareer Program, Aruba shall be
considered as an independent country, with
eligibility and participation consistent with
program standards. These exchanges are to
be administered with standard procedures.
TITLE III-EDUCATIONAL AND CULTURAL
AFFAIRS
SAMANTHA SMITH MEMORIAL EXCHANGE
The House bill (sec. 211) earmarks $2 mil-
lion out of the exchanges account of the
United States Information Agency for
United States-Soviet youth and educational
exchanges.
The Senate amendment (sec. 218) estab-
lishes a similar program named in memory
of Samantha Smith and provided $2 million
in additional authorization to carry out this
program.
The conference substitute (sec. 302) takes
the Senate formulation on funding and the
name of the program, and expands it to
cover exchanges conducted with the Soviet
Union and other East Bloc nations. In ad-
ministering this program, the managers
note that the Samantha Smith Memorial
Exchange Program is intended to be' a new
program concentrating, on the basis of reci-
procity, on youth exchanges with the Soviet
Union. In providing flexibility in the admin-
istration of the program, the committee of
conference intends neither to shift the em-
phasis away from exchanges of youth (in-
cluding children) or students at the under-
graduate college level below the age of 26,
nor to imply that the exchanges need to
take place under the auspices of an educa-
tional institution.
ARTS AMERICA PROGRAM
The Senate amendment (sec. 207) trans-
fers USIA's Arts America program in the
Bureau of Educational and Cultural Affairs,
and brings it under the scope of the Bu-
reau's charter.
The House bill contains no comparable
provision.
The conference substitute (sec. 303) is the
same as the Senate amendment.
PROFESSORSHIP ON CONSTITUTIONAL
DEMOCRACY
The House bill (sec. 210) directs the Presi-
dent to foster the teaching of constitutional
democracy at the Santo Tomas University
in the Republic of the Philippines by sup-
porting at such university, under section
102(b)(4) of the Mutual Educational and
Cultural Exchange Act of 1961, a professor-
ship on the subject of constitutional democ-
racy, if such a professorship is established.
The Senate amendment (sec. 211) contains
an identical provision.
The conference substitute (sec. 304) is the
same as the House bill, but makes a techni-
cal correction to the effective date.
UNITED STATES-INDIA FUND
The Senate amendment (sec. 212) amends
section 903 of the United States-India Fund
for Cultural, Educational, and Scientific Co-
operation Act to permit the principal set-
aside for the fund, as well as interests earn-
ings, to be used in accordance with the Edu-
cation and Scientific Cooperation Agree-
ment signed on January 7, 1987.
The House bill contains no comparable
provision.
The conference substitute (sec. 305) is the
same as the Senate amendment.
UNITED STATES-PAKISTAN FUND
The Senate amendment (sec. 213) author-
izes the Director of USIA to enter into an
agreement with the Government of Paki-
stan for the establishment of the United
States Pakistan Fund for Cultural, Educa-
tional, and Scientific Exchange. Section 213
also provides that the director make avail-
able to the Fund for use in carrying out the
agreement up to the equivalent of $598,176
in foreign currencies owed by the United
States in Pakistan or owed to the United
States by Pakistan.
The House bill contains no comparable
provision.
The conference substitute deletes this
provision.
THE EDWARD ZORINSKY MEMORIAL LIBRARY
The Senate amendment (sec. 216) desig-
nates the USIA library in Jakarta, Indonsia
as the "Edward Zorinsky Memorial Li-
brary". This library was opened as the
result of legislation authored by the late
Senator Zorinsky.
The House bill contains no comparable
provision.
The conference substitute (sec. 306) is the
same as the Senate amemdment.
CULTURAL PROPERTY ADVISORY COMMITTEE
The Senate amendment (sec. 219) revises
and staggers the terms of service of mem-
bers of the Cultural Property Advisory
Committee by lengthening such terms from
2 to 3 years. The Senate amendment also
provides that with respect to initial appoint-
ments, the President shall select, on a repre-
sentative basis to the maximum extent prac-
ticable, four members to serve 3-year terms,
four members to serve 2-year terms, and the
remaining members to serve a 1-year term.
Thereafter each appointment shall be for a
3-year term.
The House bill contains no comparable
provision.
The conference substitute (sec. 307) is the
same as the Senate amendment, except that
the effective date is modified to apply with
respect to members appointed after the date
of enactment.
TITLE IV-VOICE OF AMERICA
VOICE OF AMERICA/EUROPE
The House bill (sec. 302) authorizes to be
appropriated for the Voice of America/
Europe $3 million for fiscal year 1988 and
$3,120,000 for fiscal year 1989. In addition
the House bill directed VOA/Europe (a) to
conduct periodic audience evaluations, (b)
to promote and advertise its programs, and
(c) to target news and features In accord-
ance with the recommendations of the
Young European Study.
The Senate amendment (sec. 202) provides
authorization for this service within the
overall authorization for the Voice of Amer-
ica.
The conference substitute (sec. 402) au-
thorizes the appropriation of $3 million in
fiscal year 1988 and $3,060,000 in fiscal year
1989 for the Voice of America. The confer-
ence substitute, as in the House bill, directs
VOA/Europe (a) to conduct periodic audi-
ence evaluations, (b) to promote and adver-
tise its programs, and (c) to target news and
features in accordance with the recommen-
dations of the Young European Study.
CONTRACTOR REQUIREMENTS
The Senate amendment (sec. 217) includes
a position relating to the Voice of America
facilities modernization program which
added an exception to the application of the
10% perference for American contractors.
The provision requires, among other things,
a certification by the USTR that a foreign
bidder was not receiving either direct or in-
direct subsidies from any government.
The House bill (sec. 303) contains no simi-
lar provision in its VOA contractor require-
ments.
The conference substitute (sec. 403) re-
quires a certification from the Secretary of
Commerce that foreign bidders are not re-
ceiving direct subsidies that would disadvan-
tage a U.S. person who is also bidding on
VOA modernization projects. The conferees
intend that the Secretary of Commerce may
make such a certification in the absence of a
finding that U.S. persons are being disad-
vantaged. The Secretary of Commerce is not
required to prove or show affirmatively that
U.S. persons are not being disadvantaged
before making such a certification.
TITLE V-THE BOARD FOR INTERNATIONAL
BROADCASTING
AUTHORIZATION OF APPROPRIATIONS
The House bill (sec. 401) authorizes the
appropriation of $170,600,000 in fiscal year
1988 and $219,424,000 in fiscal year 1989 for
the Board for International Broadcasting.
The Senate amendment (sec. 301) author-
izes $174 million for fiscal year 1988 for the
Board for International Broadcasting. In ad-
dition, the Senate amendment contains a
provision earmarking $12 million of the
funds authorized to be appropriated for the
radio modernization program.
The conference substitute (sec. 501) au-
thorizes the appropriation of $186 million in
fiscal year 1988 and $207,424,000 in fiscal
year 1989 for the Board for International
Broadcasting. In authorizing a higher level
of funding in fiscal year 1988, the commit-
tee of conference agreed on the need to pro-
vide necessary authority to offset the dra-
matic impact of the recent fall of the dollar
on the budget of Radio Free Europe/Radio
Liberty. The conference substitute ear-
marks $12 million in each fiscal year for the
modernization program.
TITLE VI-ASIA FOUNDATION
AUTHORIZATION OF APPROPRIATIONS
The House bill (sec. 501) authorizes the
appropriation to the Secretary of State of
$13,700,000 for fiscal year 1988 and
$14,148,000 for the fiscal year 1989 for
grants to the Asia Foundation.
The Senate amendment (sec. 105) author-
izes the appropriation of $15 million for the
same purpose.
The conference substitute (sec. 601) au-
thorizes the appropriation to the Secretary
of State of $13,700,000 for fiscal year 1988
and $15 million for fiscal year 1989 for
grants to the Asia Foundation.
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TITLE VII-INTERNATIONAL ORGANIZATIONS
PART A-UNITED NATIONS
REFORM IN BUDGET DECISIONMAKING PROCE-
DURES OF THE UNITED NATIONS AND ITS SPE-
CIALIZED AGENCIES
Subsection 181(a) of the House bill con-
tains congressional findings that the con-
sensus-based decislonmaking procedure es-
tablished by General Assembly Resolution
41/213 is a significant step toward comply-
ing with the intent of section 143 (known as
the "Kassebaum-Solomon amendment") of
the Foreign Relations Authorization Act for
fiscal years 1986 and 1987 (Public Law 99-
93). Subsection (b) amends that section 143
to impose the following requirements: That
the President should continue vigorous ef-
forts to secure implementation by the
United Nations of decisionmaking proce-
dures on budgetary matters which assure
that the views of the United States and
other major donors are given sufficient at-
tention; that for calendar year 1987 and
subsequent years, 20 percent of U.S.-as-
sessed contributions to the United Nations
are conditioned on a Presidential determina-
tion and report to the Congress that the
budget decisionmaking procedure, and
reform of secondment practices and person-
nel management policies are being imple-
mented, and that the Congress will have a
30-day period following submission of such
Presidential reports to enact a joint resolu-
tion of disapproval of such report; that for
calendar year 1987 and subsequent years, 20
percent of U.S.-assessed contributions to
any of the U.N. specialized agencies' budgets
shall be withheld unless the President de-
termines that such agency has made sub-
stantial progress toward implementing the
greater financial responsibility reforms ref-
erenced above; and provides that, subject to
the availability of appropriations, and the
Presidential determinations referenced
above, payment of assessed contributions
for prior years may be made to the United
Nations or a specialized agency without
regard to the contribution limitations con-
tained in section 143 of Public Law 99-93;
and authorizes the President to transfer up
to $79 million from funds appropriated for
each of the fiscal years 1988 and 1989 to
carry out the Foreign Assistance Act of
1961, the Arms Export Control Act, or the
Foreign Relations Authorization Act for
payments toward the full U.S.-assessed con-
tributions for calendar years 1987 and 1988
to the United Nations and its specialized
agencies, subject to the conditions refer-
enced above and to the normal reprogram-
ming procedures of each House of the Con-
gress. Subsection (c) contains a conforming
amendment to current law (Public Law 99-
93).
The Senate amendment (sec. 141) contains
a withholding formula which permits 40
percent of the funds appropriated for the
U.S.-assessed contribution to the United Na-
tions to be made available on October 1 of a
calendar year, 40 percent upon Presidential
determination and a report to the Congress
on Implementation of the General Assem-
bly's decisionmaking procedure on budget-
ary matters, and the remaining 20 percent
available 30 legislative days after receipt by
the Congress of the Presidential report,
unless the Congress enacts during those 30
days a joint resolution of disapproval. The
Senate amendment further conditions U.S.
contributions to the U.N. specialized agen-
cies in a manner virtually identical to the
House bill's 20 percent withholding formula.
Finally, the Senate amendment provides a
2-year set of definitions and procedures for
resolutions of disapproval in both Houses
pursuant to section 141.
The conference substitute (sec. 702) finds
that the consensus-based deeisionlnaking
procedures established by General Assem-
bly resolution 41-213 is a significant step
forward. The conference substitute also pro-
vides: (1) that 40 percent of the U.S.-as-
sessed contributions to the United Nations
may be paid any time after October 1, 1987;
(2) that the second 40 percent of the U.S.-
assessed contribution may be paid upon a
Presidential determination that (I) the con-
sensus-based decisionmaking procedure is
being implemented, (ii) progress is being
made toward the 50 percent limitation on
seconded employees, and (iii) the reductions
in the staff of the Secretariat are being im-
plemented; and (3) that the final 20 percent
of the U.S. assessed contribution may be
made available 30 days after the Presiden-
tial determination unless the Congress
adopts a joint resolution prohibiting such
payment.
In the event that the amount appropri-
ated for the U.S.-assessed contribution to
the United Nations is less than the U.S.-as-
sessed contribution to the United Nations,
the conference substitute provides *that 20
percent of the funds cannot be released
until 30 days after the Presidential determi-
nation. provided the Congress doesn't pro-
hibit such payment. The conference substi-
tute sunsets this section on October 1, 1989.
HOUSING ALLOWANCES OF INTERNATIONAL CIVIL
SERVANTS
The House bill (sec. 199A) contains a pro-
vision which states that U.S. policy is to
prohibit U.N. member states from providing
housing allowances and other benefits to
international civil servants, as recommended
by the Association of International Civil
Servants, reduces the U.S. contributions to
the United Nations equal to any such bene-
fits which are provided, and calls on the
U.S. Ambassador to the United Nations to
promote this policy.
The Senate amendment contains no com-
parable provision.
The conference substitute (see. 703) is
similar to the House bill, but drops the pro-
vision withholding U.S. contributions to the
United Nations.
UNITED STATES PARTICIPATION IN THE UNITED
NATIONS IF ISRAEL IS ILLEGALLY EXPELLED
The House bill (sec. 171) states that if
Israel is denied its legal right to participate
in the United Nations, any principal or sub-
sidiary organ, or in any specialized, techni-
cal or other agency of the United Nations,
the United States shall suspend participa-
tion in the United Nations until this action
is reversed.
The Senate amendment (sec. 143) con-
tained a similar provision.
The conference substitute (sec. 704) is
similar to the House bill, but does not apply
the restriction to U.S. participation in the
U.N. Security Council and the safeguards
program of the International Atomic
Energy Agency.
U.N. PROJECTS WHOSE PRIMARY PURPOSE IS TO
BENEFIT THE PLO
The House bill (sec. 199J) amends section
114 of the Department of State Basic Au-
thorities Act to authorize the withholding
of 25 percent of the amount budgeted for
the U.N. Special Committee to Investigate
Israeli Practices Affecting the Human
Rights of the Population of the Occupied
Territories, and authorizes the withholding
of the U.S. proportionate share of the U.N.
budget spent on the African National Con-
gress (ANC) or any entity that benefits the
ANC.
The Senate amendment contains no com-
parable provision.
H 11341
The conference substitute (sec. 705) is
similar to the House bill, but deletes the ref-
erences to the ANC.
PUBLIC ACCESS TO U.N. WAR CRIMES
COMMISSION FILES
The Senate amendment (sec. 508) contains
congressional findings and the sense of Con-
gress regarding access by interested individ-
uals and organizations to the files of the
United Nations War Crimes Commission.
The House bill (sec. 176) contains a simi.
lar provision.
The conference substitute (sec. 706) is es-
sentially identical to the Senate amend-
ment.
PROTECTION OF TYRE BY U.N. INTERIM FORCE IN
LEBANON (UNIFIL)
The Senate amendment (sec. 145) contains
congressional findings regarding the impor-
tance of the archeological value of ancient
Tyre and the threat posed by civil strife in
Lebanon, and directs the Secretary of State
to request the Secretary General of the
United Nations to extend the mandate of
UNIFIL to include protection of Tyre and to
seek an order prohibiting the purchase of
artifacts from Tyre by any person associat-
ed with the United Nations. The Senate
amendment also requires the Secretary of
State to report not later than 6 months
after the date of enactment, and semiannu-
ally thereafter, on the progress made in im-
plementing this section.
The House bill contains no comparable
provision.
The conference substitute (sec. 708) is
similar to the Senate amendment.
LIMITATION ON FUNDING OF UNITED NATIONS
The House bill (sec. 1401) limits the obli-
gation or expenditure of funds to the
United Nations or any United Nations affili-
ated agency to 50 percent of the total pay-
ments by the United States for its assessed
contribution to such organization or agency
in 1986. This limitation does not apply to
payments to peacekeeping activities. In ad-
dition, the President may waive this provi-
sion if he determines that such a waiver is
in the national interest of the United
States.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision.
RESTRICTION ON CONTRIBUTIONS TO
INTERNATIONAL ORGANIZATIONS
The Senate amendment (sec. 532) calls for
the United States to cut its appropriated
contributions to the United Nations by 50
percent unless the President certifies to
Congress that significant progress has been
made in the U.N. Secretariat and the spe-
cialized agencies to eliminate the excessive
use of secondment by member states to the
U.N. Secretariat, and to eliminate the bla-
tant control of nationals of member states
serving as employees of the U.N. Secretariat
or the agencies.
The House bill contains no comparable
provision.
The conference substitute deletes this
provision, but incorporates the essence of
the provision in section 702.
MEMBERSHIP OF BYELORUSSIA AND UKRAINE IN
THE UNITED NATIONS
The House bill (sec. 199K) directs the
President to conduct a review of whether
the United States should introduce a resolu-
tion to cease the recognition of Byelorussia
and the Ukraine as members of the United
Nations in the General Assembly, and
report his recommendations thereon to
Congress within 90 days after the date of
enactment.
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1111342 CONGRESSIONAL RECORD - HOUSE December 14, 1987
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision.
LIMITATION ON SOVIET NATIONALS AT THE
UNITED NATIONS
The House bill (sec. 184) limits the
number of Soviet nationals serving at the
Soviet, Byelorussian, and Ukrainian mis-
sions to the United Nations to a level not to
exceed the number of U.S. nationals serving
at the U.S. Mission to the United Nations.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes this
provision. The committee of conference
notes that the number of Soviet nationals at
missions to the United Nations is continuing
to decrease according to the schedule agreed
to by the Secretary of State and the mem-
bers of the Committee on Host Country Re-
lations of the United Nations.
PART B-U.S. COMMISSION ON IMPROVING THE
EFFECTIVENESS OF THE U.N.
The Senate amendment (secs. 601-610) es-
tablishes a commission composed of 18
members, including two members of the
House of Representatives, two members of
the Senate, eight individuals from the pri-
vate sector, and six individuals appointed by
the private sector, to examine the U.N.
system as a whole and identify and evaluate
its strengths and weaknesses. The Commis-
sion shall prepare and submit a report, not
later than 18 months after the date on
which all members of the Commission have
been appointed, to the President and the
Congress on their recommendations for im-
proving the effectiveness of the U.N. system
and the role of the United States in the
U.N. System, including the feasibility of and
means for implementing such recommenda-
tions. The Commission shall cease to exist
60 days after submitting its report to the
President and the Congress.
The House bill contains no comparable
provision.
The conference substitute (secs. 721-730)
is similar to the Senate amendment, but re-
duces the number of Commissioners to be
appointed by the President from eight to
six, thereby reducing the size of the Com-
mission, and makes the date for appoint-
ment of Commissioners March 1, 1989.
PART C-OTHER INTERNATIONAL
ORGANIZATIONS
PRIVILEGES AND IMMUNITIES TO OFFICES OF
THE MISSION TO THE COMMISSION OF THE EU-
ROPEAN COMMUNITIES
The House bill (sec. 138) authorizes the
President to extend diplomatic privileges
and immunities to other offices of the Euro-
pean communities in the United States.
The Senate amendment (sec. 146) contains
a similar provision.
The conference substitute (sec. 741) is the
same as the House bill.
CONTRIBUTION TO REGULAR BUDGET OF INTER-
NATIONAL COMMITTEE OF THE RED CROSS AND
SENSE OF CONGRESS CONCERNING RECOGNI-
TION OF RED SHIELD OF DAVID
The Senate amendment (see. 108) directs
the Secretary of State to make a contribu-
tion to the regular budget of the Interna-
tional Committee of the Red Cross (ICRC)
equal to not less than 20 percent of its regu-
lar budget. This contribution may be made
from the funds authorized for migration
and refugee assistance. Allocations of funds
within the migration and refugee account
for fiscal year 1988 may be reprogrammed
within the account if the requirements of
the designated programs are fully met. The
Senate amendment also provides that the
U.S. contribution to the ICRC shall not
exceed nor be less than the U.S. contribu-
tion in fiscal year 1987.
In addition, the Senate amendment ex-
presses the sense of the Congress that a dip-
lomatic conference of governments should
grant the Red Shield of David the identical
status of recognition as the Red Cross and
the Red Crescent, and should be accepted as
a full member of the League of Red Cross
Societies and the guadrennial International
Conferences of the Red Cross.
The House bill (sec. 172) contains a provi-
sion concerning the recognition of the Red
Shield of David which is similar to the
Senate amendment.
The conference substitute (sec. 742) is
similar to the Senate amendment, but
makes the U.S. contribution to the ICRC
annual, decreases the mandatory U.S. con-
tribution to 10 percent of the ICRC's regu-
lar budget, and deletes the reprogramming
authority.
IMMUNITIES FOR THE ICRC
The Senate amendment (sec. 142) amends
the International Organizations Immunities
Act to authorize the same privileges and im-
munities as are granted to public interna-
tional organizations in which the United
States participates be granted to the Inter-
national Committee of the Red Cross.
The House bill contains no comparable
provision.
The conference substitute (sec. 743) is
similar to the Senate amendment.
NORTH ATLANTIC ASSEMBLY
The House bill (sec. 121) amends Public
Law 84-689, authorizing participation in
NATO parliamentary conferences, to in-
crease the authorization for U.S. participa-
tion in such conferences from $50,000 to
$75,000.
The Senate amendment (sec. 144) amends
Public Law 84-689 to specify that the secre-
taries to the House and Senate delegations
to the North Atlantic Assembly shall be ap-
pointed, respectively, by the chairmen of
the Committee on Foreign Affairs of the
House of Representatives and the Commit-
tee on Foreign Relations of the Senate.
The conference substitute (sec. 744) com-
bines the two provisions.
U.S. MEMBERSHIP IN INTERGOVERNMENTAL
COMMITTEE FOR EUROPEAN MIGRATION
The Senate amendment (sec. 517) author-
izes the President to continue membership
for the United States in the Intergovern-
mental Committee for European Migration
(ICEM) and, upon entry into force of the
amendments to that organization's 1953
constitution approved on May 20, 1987, to
continue membership in that organization
under the name International Organization
for Migration (ICM). For purposes of assist-
ing in the movement of refugees and mi-
grants, the amendment authorizes such
funds as may be necessary from time to
time for payment by the United States of its
contributions to ICM and all necessary sala-
ries and expenses incidental to U.S. partici-
pation in ICM.
The House bill contains no comparable
provision.
The conference substitute (sec. 745) is the
same as the Senate amendment.
RECOGNITION OF CARICOM
The House bill (sec. 177) expresses the
sense of Congress that the Secretary of
State should consider recognizing CARI-
COM as a regional planning organization in
the Caribbean.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 746) is the
same as the House bill.
ASIAN-PACIFIC REGIONAL HUMAN RIGHTS
CONVENTION
The House bill (sec. 175) contains congres-
sional findings and declarations regarding
the human rights situation in the Asian-Pa-
cific region and mandates a report from the
Secretary of State to the Congress within
180 days of enactment identifying the need
for an Asian-Pacific regional human rights
convention, examining the feasibility of
calling a conference to negotiate such a con-
vention, and making recommendations on
the calling of such a conference.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 747) man-
dates a report from the Secretary of State
to the Congress within 180 days of enact-
ment on the nature and extent of human
rights problems in the Asian-Pacific region
and on the willingness of countries in the
region to negotiate a regional human rights
convention.
The committee of conference notes that
several nations in the Asian-Pacific region,
including Afghanistan, Australia, Burma,
China, India, the Philippines, and Thailand,
supported the United Nations Universal
Declaration of Human rights in 1948; that
there is a precedent for regional cooperation
among the Asian and Pacific Nations as evi-
denced by the formation of the Economic
and Social Commission for Asia and the Pa-
cific; and that the United Nations General
Assembly has repeatedly reaffirmed the
value of regional arrangements for the pro-
motion and protection of human rights.
TITLE VIII-INTERNATIONAL NARCOTICS
CONTROL
ASSIGNMENT OF DEA AGENTS ABROAD
The House bill (sec. 165) provides that if
the Secretary of State authorizes the as-
signment of any Drug Enforcement Admin-
istration (DEA) agent to a particular U.S.
mission abroad, he shall authorize the as-
signment of at least two such agents to that
mission.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 801) is the
same as the House bill. The committee of
conference notes that this provision was in-
cluded to address the problem of two U.S.
ambassadors who have refused to permit an
increase in a one-man DEA office. In the
case of Egypt, the single DEA agent must
cover not only Egypt, but 28 other African
countries as well. The committee strongly
supports DEA's policy of two-man offices
for both security and professional reasons.
QUARTERLY REPORTS ON PROSECUTION OF
THOSE RESPONSIBLE FOR TORTURE AND
MURDER OF DEA AGENTS IN MEXICO
The House bill (sec. 166) amends section
134(c) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1986 and 1987 to in-
clude information on the detention and tor-
ture of DEA agent Victor Cortez to the
quarterly report on progress made in inves-
tigating and prosecuting those responsible
for the 1985 murders of DEA agent Enrique
Camarena and his pilot.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 802) is the
same as the House bill.
REQUIREMENT THAT EXTRADITION OF DRUG
TRAFFICKERS BE A PRIORITY ISSUE OF U.S.
MISSIONS IN MAJOR ILLICIT DRUG PRODUCING
OR TRANSIT COUNTRIES
The House bill (sec. 167) requires the Sec-
retary of State to ensure that the negotia-
tion of updated extradition treaties which
ensure that narcotics traffickers can be ex-
tradited to the United States be included as
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
a primary objective in the country plan for
the U.S. mission in each major drug-produc-
ing or drug-transit country. This section
also directs that the necessary steps be
taken to implement effectively existing trea-
ties which provide for the extradition of
narcotics traffickers.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 803) is the
same as the House bill.
INFORMATION-SHARING SYSTEM SO THAT VISAS
ARE DENIED TO DRUG TRAFFFICKERS
The House bill (sec. 168) requires the Sec-
retary of State to submit a report to Con-
gress not later than 90 days after the date
of enactment on the comprehensive infor-
mation-sharing system on drug arrests of
foreign nationals established pursuant to
the Foreign Relations Authorization Act,
Fiscal Years 1986 and 1987.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 804) Is the
same as the House bill. The committee of
conference notes that since the requirement
for information-sharing was originally man-
dated in Public Law 99-93, hundreds of for-
eign nationals who otherwise would have
been allowed to enter the United States
have been denied visas due to their involve-
ment in narcotics trafficking. The commit-
tee of conference therefore urges the De-
partment of State and the DEA to continue
their efforts to implement effectively this
information-sharing system.
CERTIFICATION PROCEDURES FOR DRUG PRODUC-
ING AND DRUG-TRANSIT COUNTRIES AND IN-
CLUSION OF SPECIFIC AGENCY COMMENTS
The Senate amendment (sec. 562) amends
section 481(e) of the Foreign Assistance Act
to change the date of submission of the
annual International Narcotics Control
Strategy Report (INCSR) from March 1 to
February 1 of each year and adds a new sub-
section requiring specific comments and rec-
ommendations by appropriate Federal agen-
cies involved in drug enforcement. The
Senate amendment also extends the time
period for congressional disapproval of Pres-
idential certifications on major drug-produc-
ing and transit countries from 30 to 60 days.
The House bill contains no comparable
provision.
The conference substitute (sec. 805) is
similar to the Senate amendment, but-does
not change the date of submission of the
annual INCSR report, and extends the con-
gressional review period from 30 to 45 days.
SANCTIONS ON DRUG PRODUCING AND DRUG-
TRANSITING COUNTRIES
The Senate amendment (sec. 552) amends
section 802(a) of the Trade Act of 1974 to
add to the current list of tariff sanctions on
any country which the President has deter-
mined is not fully cooperating in antinarco-
tics efforts the following new three sanc-
tions: Limiting by one-half the number of
visas that may be issued for aliens born in
such countries for nonimmigration status
described in section 101(a)(15)(B) of the Im-
migration and Nationality Act; authorizing
the President to take certain steps to curtail
air transportation between the United
States and that country; and mandating the
withdrawal of personnel and resources of
the United States from participation in any
arrangement with that country for the pre-
clearance of customs by visitors between the
United States and that country.
The Senate amendment further amends
section 802(b) of the Trade Act to require
the President, in determining whether a
country has cooperated fully with the
United States In preventing illicit drug pro-
duction and trafficking, to consider whether
such government has taken the legal and
law enforcement steps necessary to elimi-
nate, to the maximum extent possible, cor-
ruption by government officials, with par-
ticular emphasis on the elimination of brib-
ery.
The House bill contains no comparable
provision.
The conference substitute (sec. 806) is
similar to the Senate amendment, with the
following exception: An amendment making
technical corrections, and clarifying the
President's authority to curtail air transpor-
tation agreements with a foreign country in
an orderly manner an amendment making
the shutdown of U.S.. preclearance facilities
discretionary rather than mandatory; an
amendment deleting the provision which
authorizes the President to reduce nonim-
migrant visas by one-half to noncooperative
countries; and an amendment to the Immi-
gration and Nationality Act clarifying that
individuals convicted of violations of drug
statues may be barred from entry into the
United States. The provision dealing with
reductions in nonimmigrant visas was given
serious consideration by the committee of
conference before it was deleted. The com-
mittee of conference intends to monitor
carefully the cooperation received from
drug-producing and drug-transit countries,
and will give serious consideration to fur-
ther expanding the list of sanctions in the
future should those countries fail to Cooper-
ate fully in the fight against narcotics pro-
duction and trafficking. In particular, the
committee of conference notes that this
provision is Intended to address the continu-
ing lack of cooperation from the Govern-
ment of the Bahamas in curbing drug-relat-
ed corruption in that country.
TITLE IX. IMMIGRATION AND REFUGEE
PROVISIONS
PROHIBITION IN EXCLUSION OR DEPORTATION
OF ALIENS OF CERTAIN GROUNDS
The Senate amendment (sec. 504) prohib-
its the exclusion of any alien on the basis of
any past or current political beliefs or politi-
cal associations, or on the basis of the ex-
pected contents of the alien's statements
while in the United States.
The House bill contains no comparable
provision.
The conference substitute (sec. 901) is in-
tended to ensure that no alien is denied a
visa or excluded from admission into, the
United States, subject to conditions or re-
strictions on entry into the United States,
or subject to deportation because of any
past, current, or expected beliefs, state-
ments or associations which would be pro-
tected under the Constitution if engaged in
by a U.S. citizen in the United States.
The committee of conference notes that
current law provides authority to the execu-
tive branch to deny admission to aliens or to
deport them on a variety of grounds includ-
ing those related to national security, ideo-
logical or political beliefs, and, more gener-
ally, the interests of the United States (8
U.S.C. 1182(a)). These provisions, since their
codification in 1952 as part of the Immigra-
tion and Nationality Act, have been used by
the executive branch to deny aliens entry
into the United States on the basis not only
of their potential threat to the national se-
curity interests of the United States or their
past involvement in criminal activity, but
also on the basis of their expression of be-
liefs, their advocacy of political positions, or
their association in political organizations
which would be constitutionally protected if
engaged in by U.S. citizens within the
United States.
During the past 35 years, a large number
of well-known foreign politicans, authors,
academicians, journalists, and artists, as
H 11343
well as thousands of ordinary citizens from
foreign countries have been barred from en-
tering this country, forced to undergo the
indignity of answering embarrassing ques-
tions about their political or personal activi-
ties, or since enactment of the "McGovern
Amendment" in 1977, required to submit to
a lengthy bureaucractic process in order to
obtain a waiver to enter the United States.
The committee of conference notes that,
as a result of this history of visa denial, the
citizens of the United States have been
denied the opportunity to have access to the
full spectrum of international opinion, and
the reputation of the United States as an
open society, tolerant of divergent ideas, has
suffered. Though the U.S. record in this
regard is on the whole exemplary and cer-
tainly far superior to that of most other na-
tions, including those known for the fre-
quent and egregious violations of their own
citizens' human rights and freedom of ex-
pression, the committee of conference be-
lieves that, in order to make it clear that
the United States is not fearful of foreign
ideas or criticism or the individuals who
espouse such ideas or advance such criti-
cism, a thorough reform of the grounds for
exclusion and deportation is necessary and
long overdue. Furthermore, the committee
of conference observes that some of the
grounds for exclusion and deportation may
be at variance with U.S. international obli-
gations as expressd in the Helsinki Accords.
Again, though the U.S. record of compliance
with the provisions of the Helsinki Accords
is superior to that of most nations of the
world, the conferees believe that would be
appropriate to reform these grounds in
order to further the process of improved
Helsinki compliance.
The conference substitute continues to
permit the denial of visas or the deportation
of aliens when it is in the interests of the
United States, but makes it clear that it is
not in the interests of the United States to
establish one standard of ideology for citi-
zens and another for foreigners who wish to
visit the United States. Accordingly, under
this section the executive branch would
retain the ability to exclude or deport alie^s
on criminal, espionage, and terrorism
grounds (among others), and, in certain cir-
cumstances, on national security and for-
eign policy grounds. But national security or
foreign policy exclusion or deportation
would not be permitted if such exclusion or
deportation were based on beliefs, state-
ments, or associations which would be con-
stitutionally protected if engaged in by U.S.
citizens In the United States. Under this sec-
tion, statements would be construed as in-
cluding writings and other forms of non-
verbal communications.
Under this standard, it would still be ap-
propriate, to the extent it is consistent with
this section and existing law, for the execu-
tive branch to deny a visa to an alien to
avoid conveying the impression that the
U.S. Government recognizes or supports any
government or group which the United
States does not choose to recognize or sup-
port. An example of this situation might be
a case In which an alien was applying to
enter this country as the representative of a
country which the United States or the
international community does not recog-
nize. Other examples might include: The ex-
clusion of a former foreign leader whose
mere entry into the United States would
threaten imminent harm to the lives and
property of U.S. citizens abroad; or the im-
position of restrictions on the visa of a hos-
tile foreign national who wanted access to
sensitive information about nuclear power
or who sought access to restricted areas or
to sensitive technology.
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H 11344 CONGRESSIONAL RECORD - HOUSE December 14, 1987
These and other foreign policy and na-
tional security based exclusions, restric-
tions, or deportations would be appropriate
provided that they were not based on the
constitutionally protected activities de-
scribed in paragraph (a) of the conference
substitute. For example, such exclusions, re-
strictions, or deportations would not be ap-
propriate if based on an alien's criticism of
the United States or U.S. policies; an alien's
attempt to influence lawfully the outcome
of legislation before the Congress; or an
alien's mere membership in a Communist,
anarchist, or other organization proscribed
under current law. However, this section
should not be construed as conferring addi-
tional constitutional rights on aliens.
Notwithstanding the general prohibition
on exclusion or deportation because of con-
stitutionally protected activities, the execu-
tive branch would retain the discretionary
power to exclude or deport in certain limit-
ed circumstances.
First, exclusion or deportation would be
appropriate in the case of an individual who
has committed or who is likely to engage
after entry in terrorist activity. In consider-
ing whether a person has been involved in
terrorist activities under paragraph (b)(2), it
is the intent of the managers to include per-
sons involved in hostage taking, kidnaping,
threatened violence or other acts which do
not actually Involve death or injury. These
acts, whether or not they actually result in
bodily harm, are a form of violence and are
crimes. The managers also consider that or-
ganizing, abetting, or participating in terror-
its acts or activities would include not only
actually pulling a trigger or planting a bomb
but providing support or assistance, such as
but not limited to: planning, providing fa-
cilities, recruiting, financing or fundraising,
surveillance, courier service, transportation,
providing weapons, or forging or unlawfully
procuring documents. The term "terrorist
activity" as used in paragraph (b)(2) of the
substitute is intended to include interna-
tional, targeted acts of terrorism such as as-
sassination. The phrase "individuals not in-
volved in armed hostilities" as used para-
graph (b)(2) of the substitute is intended to
mean noncombatants. An alien would be
considered to have participated in an act of
terrorism whether he or she did so individ-
ually or as a member of an organization.
Second, the executive branch would be
permitted to exclude or deport representa-
tives of labor organizations which are in-
truments of totalitarian states when such
representatives are traveling in an official
capacity. Therefore, the section would not
Drevent such an official from entering the
United States to, for example, travel as a
.ourist, visit relatives or receive medical
reatment.
Third, the prohibitions on exclusion and
;eportation, in particular those based on
Institutionally protected associations,
ould not apply to aliens who have assisted
n Nazi persecutions, aliens seeking refugee
~atus, asylum, withholding of deportation
?:- legalization who have engaged in persecu-
_ion, or an alien who is a member, officer,
)fficial, representative, or spokesman of the
i'LO.
Finally, the conferees do not intend that
this section be viewed as in any way affect-
ing the existing authority of the President
to deny admissions by proclamation or to
deny entry to aliens when the United States
is at war or during the existence of a nation-
al emergency proclaimed by the President.
Paragraph (c) of the conference substitute
simply makes clear that no standing beyond
that which currently exists would be con-
ferred by the section. The committee of con-
ference notes that there are several pending
legislative proposals which would expand
such standing, and the conferees take no po-
sition on the advisability of adopting such
changes.
The committee of conference notes that
the Committee on Judiciary of both the
House of Representatives and the Senate
have under consideration legislation aimed
at revising the grounds for exclusion and de-
portation by directly amending the Immi-
gration and Nationality Act. The conferees
expect that comprehensive legislation revis-
ing these grounds will be acted upon by
these committees early in the second session
of the 100th Congress.
Because of the expected expeditious con-
sideration of comprehensive legislation re-
vising these grounds by the Committees on
Judiciary, the committee of conference has
included a 1-year sunset provision in the
conference substitute. Under this provision,
visas which were applied for during calendar
year 1988 and admissions into the United
States which are sought during the period
beginning on January 1, 1988, through Feb-
ruary 28, 1989, would be covered by this sec-
tion. The additional 60 days for admission
into the United States was added in order to
permit entry into the United States on the
basis of visas issued late in 1988 which may
not be used until early 1989.
It is the intent of the committee of confer-
ence that this section apply to all visas ap-
plied for in 1988, including immigrant and
nonimmigrant visas, and to all determina-
tions in admissibility made after December
31, 1987, and before March 1, 1988. Aliens
denied visas or found inadmissible in the
past for reasons that would have been pro-
hibited by this provision shall be eligible to
reapply in 1988. The conference substitute
would apply whether the alien was denied a
visa or found inadmissible from abroad, at
the border, or in the context of an applica-
tion for permanent resident status. It is also
the intent of the committee of conference
that visas issued during 1988, and perma-
nent resident status granted during 1988,
shall not be subject to recision after 1988
for reasons prohibited by paragraph (a) of
the conference substitute.
ADJUSTMENT TO LAWFUL RESIDENT STATUS OF
CERTAIN NATIONALS OF COUNTRIES FOR
WHICH EXTENDED VOLUNTARY DEPARTURE
HAS BEEN MADE AVAILABLE
The Senate amendment (sec. 528) provides
that nationals of Poland who continuously
resided in the United States since July 21,
1984, and for whom a record has been estab-
lished by the Immigration and Naturaliza-
tion Service would be able to apply for ad-
justment to permanent resident status.
The House -bill contains no comparable
provision.
The conference substitute (sec. 902) de-
letes the record requirement and makes two
additional changes. First, it extends the
benefits of adjustment not only to qualify-
ing nationals of Poland, but also to other
nationality groups for which extended vol-
untary departure status (EVD) has been
provided in past years. Specifically, qualify-
trig nationals of any country the nationals
of which were granted, or allowed to contin-
ue in, EVD status at any time during the
past 5 years would be entitled to adjust.
Though the statutory authority to grant
EVD has never been precisely identified, the
Congress has been consistently advised by
the executive branch that only the follow-
ing groups constitute the nationalities for
which EVD status was provided during the
preceding 5 years: Poles, Ugandans, Ethiopi-
ans, and Afghans. Thus the conference sub-
stitute effectively extends benefits to quali-
fying aliens only of those nationalities.
Second, the conference substitute grants
to qualifying aliens temporary resident
status rather than the permanent resident
status provided in the Senate amendment.
This status, which does permit eventual ad-
justment to permanent resident status and
U.S. citizenship, places the beneficiaries of
this substitute on the same footing as aliens
legalized render section 245A of the Immi-
gration and Nationality Act. Again, in order
to maintain equality of treatment, the
Polish, Ugandan, Ethiopian, and Afghan
beneficiaries under the conference substi-
tute will be subject to the same conditions
and responsibilities imposed upon aliens
under the legalization program.
PROCESSING OF CUBAN NATIONALS FOR
ADMISSION TO THE UNITED STATES
The House bill (sec. 132) requires the Sec-
retary of State to submit a report not later
than 60 days after the date of enactment on
current U.S. policies regarding the granting
of entry visas and political asylum to former
and current political prisoners in Cuba. The
House bill (sec. 199B) also requires the De-
partment of State to process refugee appli-
cations from Cuban political prisoners with-
out regard to the length of their imprison-
ment.
The Senate amendment (sec. 526) also re-
quires the processing of refugee applications
from Cuban political prisoners without
regard to duration of imprisonment and re-
establishes normal immigration processing
for Cuban nationals.
The conference substitute for these provi-
sions is similar to the Senate amendment
with the following changes: (1) adds lan-
guage referencing the reinstatement on No-
vember 20, 1987, of the 1984 agreement be-
tween the United States and Cuba regarding
the normalization of immigration proce-
dures between the two countires; (2) man-
dates the resumption of normal immigra-
tion procedures in third countries and speci-
fies that such procedures may not be sus-
pend for any reason; and (3) adds clarifying
language to ensure that the same immigra-
tion procedures shall be followed for
Cubans in third countries as are followed
for all other nationalities.
The committee of conference points out
that the bilateral agreement between the
United States and Cuba calls for the total
restoration of normal immigration proce-
dures. Specifically, the agreement calls for
the United States to "resume issuance of
preference immigrant visas to Cuban na-
tionals' ? ? (and to take) all necessary meas-
ures to ensure that Cuban nationals residing
in Cuba wishing to emigrate to the United
States and who qualify under U.S. law to re-
ceive immigrant visa, may enter the United
States, taking maximum advantage of the
number of up to 20,000 immigrants per
year."
The conference substitute takes into ac-
count the serious concerns of the Depart-
ment of State that legislative restoration of
normal immigration procedures at this time
could jeopardize implementation of the bi-
lateral agreement. The committee of confer-
ence intends that in the event of future
problems with the implementation of the
agreement, the advisability of legislatively
mandating normal immigration procedures
for all Cubans will be revisited. The commit-
tee of conference is concerned with the
plight of U.S. citizens and permanent resi-
dent aliens who cannot be rejoined with
close family members who have applied or
qualified (or both) for immigrant visas. The
continued separation of these families is a
serious problem and the committee of con-
ference is hopeful that, with the reinstate-
ment of the agreement, this problem will be
eliminated. If for some reason this does not
occur, the committee of conference urges
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
the appropriate committees of Congress to
review this matter in the second session of
the 100th Congress.
The committee of conference urges the
Department of State to use every available
means and international forums to press the
Cuban Government to live up to its Mariel
agreement to permit the return of those
2,746 Cuban nationals found inadmissible to
the United States because of serious crimi-
nal records or severe mental illness. The
committee of conference finds the contin-
ued refusal of the Castro regime to live up
to the terms of this agreement a major ob-
stacle to any lessening of tensions or im-
provement in relations between our two na-
tions. Cuba's behavior in this matter is not
only a serious breach of normal internation-
al law and practice, but a flagrant violation
of the human rights of these Cubans and
their families who wish to return to their
homeland.
NATURALIZATION REQUIREMENTS FOR CERTAIN
CUBAN POLITICAL PRISONERS
The Senate amendment (sec. 549) waives
the naturalization requirements of continu-
ous residence and physical presence for six
Cuban political prisoners now residing in
the United States.
The House bill contains no comparable
provision.
The conference substitute deletes this
provision.
INDOCHINESE REFUGEE RESETTLEMENT
The Senate amendment (secs. 702-709):
(1) contains congressional findings regard-
ing the plight of Indochinese refugees in
first asylum countries in Southeast Asia and
the responsibility of the United States and
the United Nations High Commissioner for
Refugees for the deterioration of refugee
programs in the region; (2) contains con-
gressional findings regarding the problems
of processing of Indochinese refugees by the
Immigration and Naturalization Service; (3)
requires the president to submit a report to
Congress not later than 120 days after the
date of enactment of this act assessing the
merits of transferring the authority to
admit all refugees under the Immigration
and Nationality Act from the Attorney Gen-
eral to the Secretary of State; (4) expresses
the sense of Congress regarding the alloca-
tion of refugee admissions from East Asia
first asylum camps, the Orderly Departure
Program from Vietnam, and Indochinese
refugees who have lived in camps for more
than 3 years; (5) earmarks $5 million for
each of the fiscal years 1988 and 1989 from
development assistance (education) for edu-
cational programs, projects and activities
along the Thai-Lao and Thai-Cambodian
borders; (6) earmarks $5 million in economic
support fund assistance for each of the
fiscal years 1988 and 1989 for assistance for
Thai villages affected by the influx of Indo-
chinese refugee; (7) earmarks $2 million
from funds authorized for international
military education and training for each of
the fiscal years 1988 and 1989 to train and
deploy the Royal Thai Army to better pro-
tect Indochinese refugees; and (8) expresses
the sense of Congress that the international
community should increase efforts to assure
Indochinese refugee camps are protected
and that international observers and relief
workers should be present on a 24-hour-a-
day basis in any camp where it is deemed
necessary.
The House bill contains no comparable
provision.
The conference substitute (sec. 904): (1)
expresses the sense of Congress that the
United States continues to be committed to
playing a major role in responding to the
Indochinese refugee problem and that the
Government of Thailand should be com-
mended for recently allowing the United
States to begin processing Cambodian refu-
gee ration cardholders in Khao I Dang and
for its cooperation in creating a more effec-
tive antipiracy campaign; (2) expresses the
sense of Congress that the Department of
State should urge the Government of Thai-
land to allow full access to the Lao Screen-
ing program for all Lao refugees, particular-
ly hill tribe people, and directs the Depart-
ment of State and responsible international
organizations to address the protection
problems of the Khmer along the Thai-
Cambodian border; (3) requires the Presi-
dent to submit a report to the Congress
within 180 days of enactment on the respec-
tive roles of the Immigration and Natural-
ization Service and the Department of State
on the refugee program with recommenda-
tions for improving the effectiveness and ef-
ficiency of that program; (4) states that the
President should continue to recommend
generous numbers of admissions from East
Asia first asylum camps and from the Or-
derly Departure Program sufficient to sus-
tain preservation of first asylum and securi-
ty for Indochinese in Southeast Asia, con-
sistent with worldwide refugee require-
ments; and (5) earmarks $1 million for edu-
cational programs for protection, improved
health care, nutrition, education, and skills
training programs for refugees in Thailand.
AMERASIAN CHILDREN IN VIETNAM
The House bill (sec. 182) contains congres-
sional findings and declarations concerning
the plight of Amerasian children still in
Vietnam and expresses the sense of the
Congress that the United States should
maintain its commitment to receive these
children in Vietnam, that the interviewing
process is essential to the emigration of
such children and their families to the
United States, and that Vietnam should
resume the processing of such children for
emigration.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 905) is
similar to the House bill, but indicates that
the United States and the Socialist Republic
of Vietnam have concluded an agreement
permitting the resumption of interviews and
processing in Ho Chi Minh City under the
Orderly Departure Program.
REFUGEES FROM SOUTHEAST ASIA
The Senate amendment (sec. 512) contains
congressional findings that most Cambodi-
ans not associated with the Khmer Rouge
or the Heng Samrin regime have a well
founded fear of persecution if they face
forced return to Cambodia. The Senate
amendment also urges that any refugee in
Khao I Dang camp should be interviewed
for eligibility for the U.S. refugee resettle-
ment program irrespective of the date the
person had actually arrived in that camp
and that the United States should work to
expeditiously reunite separated refugee
families. The Senate amendment also urges
the Department of State to appeal to the
Royal Thai Government not to forcibly re-
patriate Hmong and other Lao refugees to
Laos, since they face the threat of grave
consequences and even death if returned to
that country without safeguards.
The House bill contained no comparable
provision.
The conference substitute (sec. 906) is
similar to the Senate amendment, but de-
letes reference to the Orderly Departure
Program from Vietnam since that program
has resumed.
RELEASE OF YANG WEI
The Senate amendment (sec. 558) ex-
presses the sense of Congress that the Peo-
ple's Republic of China should immediately
H 11345
release Yang Wei, a student of the Universi-
ty of ' Arizona, who has been imprisoned
without charge since January 11, 1987, and
that the United States should offer ex-
tended voluntary departure status to Chi-
nese students in the United States who can
demonstrate a well-founded fear of persecu-
tion.
The House bill contains no comparable
provision.
The conference substitute (sec. 907) re-
places the phrase "offer extended voluntary
departure status" with "should consider
sympathetically application for asylum".
CLAIM OF JOSEPH KAREL HASEK
The Senate amendment (sec. 506) contains
congressional findings concerning Private
Law 98-54, which provided for the compen-
sation of Mr. Joseph Karel Hasek from the
Czechosolvakian Claims Fund for losses
arising from his departure from Czechoslo-
vakia, and directs the Secretary of the
Treasury to pay Mr. Hasek $250,000 plus in-
terest from that fund 30 days after the date
of enactment or before the beginning of the
final distribution of payments made under
the Czechosolvakian Claims Settlement Act
of 1981.
The House bill contains no comparable
provision.
The conference substitute deletes this
provision.
PROHIBITION OF EXPULSION OF PERSONS
SEEKING POLITICAL ASYLUM
The Senate amendment (sec. 570) prohib-
its the expulsion of any person from a Com-
munist country seeking political asylum and
suspends any U.S. Government employee
for 365 days who ordered such an expulsion
without the prior personal review of the
Secretary of State and the Attorney Gener-
al. The Senate amendment also requires a
notice of this provision to be posted in every
U.S. Embassy in a Communist country.
The House bill contains no comparable
provision.
The conference substitute deletes this
provision.
INTERNATIONAL PARENTAL CHILD ABDUCTION
The Senate amendment (secs. 901-913)
provides legislation to facilitate implemen-
tation of the 1980 Hague Convention on the
Civil Aspects of International Child Abduc-
tion in the United States. The Convention
establishes legal rights and procedures for
the prompt return of children in cases of
international abduction and retention, and
for securing visitation rights. The Senate
amendment also provides for various admin-
istrative and judicial remedies in cases of
international abduction, establishes a cen-
tral authority for dealing with such cases,
establishes an interagency coordinating
group to monitor operation of the Conven-
tion and to provide advice on its implemen-
tation, and contains various amendments to
the Social Security Act and the Internal
Revenue Code. In addition, the Senate
amendment (sec. 531) provides that interna-
tional parental child abduction is a criminal
offense punishable by fines, up to 3 years in
jail, or both.
The House bill continues no comparable
provision.
The conference substitute deletes these
provisions on the understanding that the
committees of jurisdiction in the House of
Representatives and the Senate address this
issue early in the next session of Congress.
TITLE X-ANTI-TERRORISM ACT OF 1987
The Senate amendment (title XI) ex-
presses the findings of the Congress with re-
spect to the terrorist activities of the Pales-
tine Liberation Organization (PLO), makes
it unlawful for anyone, for the purpose of
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H 11346 -CONGRESSIONAL RECORD - HTSE December 1.4, 1987
furthering the interests of the PLO, to re-
ceive anything of value, except information,
from the PLO, makes it unlawful to spend
funds provided by the PLO, and makes it
unlawful to establish or maintain an office
within the jurisdiction of the United States
at the behest or direction of, or with funds
provided by, the PLO. In addition, the
Senate amendment requires the Attorney
General to enforce these provisions in the
United States District Courts and grants
those courts authority to issue the neces-
sary decrees to enforce these provisions.
The House bill contains no comparable
provision.
The conference substitute (sec. 1001-1005)
is the same as the Senate amendment.
TITLE XI-GLOBAL CLIMATE PROTECTION
The Senate amendment (secs. 401 to 409)
contains congressional findings concerning
manmade pollution and its effect on the cli-
mate of the earth and directs the President
to establish a task force on the global cli-
mate which-shall be mandated to determine
and supervise research for a coordinated na-
tional strategy on the global climate. The
Senate amendment also details the composi-
tion of the task force and the advisory role
of the Congress, and requires the task force
to develop and transmit to the President,
not later than 12 months after the date of
enactment, a U.S. strategy on the global cli-
mate. The President is required to submit
,the strategy on the global climate, together
with recommendations for further legisla-
tive action, to the Congress not later than 3
months after receipt of the strategy.
The Senate amendment also directs the
President to appoint an Ambassador at
Large to coordinate U.S. Government par-
ticipation in the task force and represent
the Secretary of State in its operations.
The House bill contains no comparable
provision.
The conference substitute (secs. 1101-
1106) contains a revised set of findings, calls
on the President to work with the Adminis-
trator of the Environmental Protection
Agency, along with other appropriate Fed-
eral agencies, to develop and propose to
Congress a coordinated national policy on
global climate change. The National Cli-
mate Program Office continues to have au-
thority for developing a coordinated re-
search agenda for the Federal Government
in the area of climate research and assess-
ment pursuant to Public Laws 95-367 and
99-272. The Office of Science and Technolo-
gy Policy's Committee on Earth Sciences re-
mains charged with developing long-range
plans for Federal research and development
in earth sciences and man's impact on global
environment. Nothing in this title should be
construed to effect the scientific research
conducted by any Federal agency, or as au-
thorizing or requiring the adoption of any
regulatory or control measures.
The conference substitute also authorizes
the Secretary of State to coordinate aspects-
of U.S. policy through international organi-
zations. In addition, the conference substi-
tute requests that the Secretary of State
and the Administrator of EPA submit to all
relevant committees of the Congress a
report that includes: a summary analysis of
current international scientific understand-
ing of the greenhouse effect; an assessment
of U.S. efforts to gain international coopera-
tion in limiting global climate change; and a
description of the strategy by which the
United States intends to seek further inter-
national cooperation to limit such change.
The committee of conference -intends that
this report not duplicate or replicate ongo-
ing studies and reports on global climate
change. Finally, the substitute calls on the
Secretary of State to undertake all neces-
sary steps to promote within the U.N.
system the early designation of an Interna-
tional Year on Global Climate Protection,
and calls on the President to include the
problem of climate protection on the
agenda of bilateral discussions with the
Soviet Union.
TITLE XII-REGIONAL FOREIGN RELATIONS
MATTERS
PART A-Sovnrr UNION AND EASTERN EUROPE
SOVIET BALLISTIC MISSILE TESTS NEAR HAWAII
The Senate amendments (sec. 520) con-
tains congressional findings concerning
recent Soviet heavy intercontinental ballis-
tic missile tests near the islands of Hawaii
and expresses the sense of Congress that
this test has increased the threat of nuclear
war, and that the Congress condemns the
Soviet Union for its actions as demonstrat-
ing an utter disdain for civilized and accept-
able standards of international behavior, as
well as probable violations of the SALT II
treaty, and demands a public apology.
The House bill contains no comparable
provision.
The conference substitute (sec. 1201) re-
tains the congressional findings, and ex-
presses the sense of the Congress that these
actions by the Soviet government were pro-
vocative and unnecessary, that the United
States should officially protest these actions
and seek assurances from the Soviets that
such missile firings will not occur In the
future, and that the President should report
to the Congress on the details of these tests,
including the irradiation of U.S. monitoring
aircraft, on Soviet explanations offered in
response to U.S. protests, and steps to be
taken to ensure that such activities will not
happen in the future.
SOVIET VIOLATIONS OF THE ABM TREATY
The Senate amendments (sec. 568) re-
quires the President to report not later than
30 days after the date of enactment on
whether Soviet violations of the ABM
Treaty and the failure of the Treaty to
reduce or limit the increase of Soviet offen-
sive ICBM systems jeopardize the supreme
national interests of the United States, and
whether the United States should withdraw
from the ABM Treaty.
The House bill contains no comparable
provision.
The conference substitute deletes the
Senate provision on the failure to achieve
permanent constraints on Soviet strategic
offensive forces which could threaten the
survivability of U.S. strategic offensive
forces, and U.S. intentions regarding possi-
ble withdrawal from the ABM Treaty. The
committee of conference notes that the
Senate conferees expect that the President
will address the issues raised by the original
Senate provision in the context of the
annual report required by section 52 of the
Arms Control and Disarmament Act.
EMIGRATION OF JEWS AND OTHERS WHO WISH
TO EMIGRATE FROM THE SOVIET UNION
The House bill (sec. 178) contains congres-
sional findings and a statement of policy re-
garding Soviet policy regarding Soviet Jews
and other Soviet citizens denied their basic
human rights, including the right to emi-
grate.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1202) ex-
presses the sense of Congress that the
Soviet Union respect the human rights of
those Soviet Jews and other Soviet citizens
wishing to emigrate from the Soviet Union,
practice their religion, exercise cultural
rights or engage in free intellectual pur-
suits.
The committee of conference regards the
release of jailed dissidents and the resolu-
tion of longstanding emigration cases as
positive developments in the Soviet human
rights situation and hopes that this action
continues. However, the committee of con-
ference notes with concern that there con-
tinues to be political prisoners and unre-
solved emigration cases, including Jewish re-
fuseniks and U.S.-Soviet divided spouses,
and continues to be concerned about viola-
tions of human rights in the Soviet Union
including restrictions on the practice of reli-
gion, the exercise of cultural rights, and the
denial of freedom of religion.
SYSTEMATIC NONDELIVERY OF INTERNATIONAL
MAIL ADDRESSED TO CERTAIN PERSONS RESID-
ING WITHIN THE SOVIET UNION
The House bill (sec. 179) contained find-
ings and a statement of policy regarding the
systematic nondelivery of international mail
by the Soviet Union. The Senate amend-
ment contains no comparable provision.
The conference substitute (sec. 1203) ex-
presses the sense of the Congress that the
President and the Department of State
should express American disapproval of the
systematic nondelivery of international mail
to the Soviet Government and should ask
other member countries of the Universal
Postal Union to support the adoption of
amendments to the Universal Postal Con-
vention and other measures to encourage
improved postal performance by the Soviet
Union.
The committee of conference found that
postal items mailed in the United States are
systematically not being delivered to select-
ed addresses in the Soviet Union; that such
nondelivery is a violation of the Universal
Postal Convention, the Universal Declara-
tion of Human Rights, the International
Covenant on Civil and Political Rights and
the Final Act of the Conference on Security
and Cooperation in Europe; and that expla-
nations required under international law
and given by the Soviet postal administra-
tion have been inaccurate, Insufficient, or
untimely.
U.S. POLICY AGAINST PERSECUTION OF CHRIS-
TIANS IN EASTERN EUROPE AND THE SOVIET
UNION
The Senate amendment (sec. 515) contains
extensive findings about the denial of reli-
gious freedom to Christians in each of the
countries of Eastern Europe and the Soviet
Union. The Senate amendment contains a
statement of policy expressing the sense of
the Congress that the President should con-
tinue to express to the Soviet and East Eu-
ropean governments the deep concern and
opposition of the United States to the har-
assment of Christians, the Soviet and East
European governments should comply with
their international commitments to respect
human rights and should immediately cease
the persecution of Christians. The House
bill contains no comparable provision.
The conference substitute (sec. 1204) is
similar to the statement of policy section of
the Senate amendment expressing concerns
about the harassment and persecution of
Christians and other believers. The commit-
tee of conference notes with grave concern
the restrictions on the right to practice and
profess religion in the Soviet Union, Alba-
nia, Bulgaria, Czechoslovakia, the German
Democratic Republic, Hungary, Poland, Ro-
mania, and Yugoslavia and the persecution
of Christians and other religious believers in
those countries. The harassment and perse-
cution of Christians and other believers
occurs, in practice, despite the professed
policies of most of these countries, and that
such harassment and persecution is a viola-
tion of the Helsinki Act. The committee of
conference also notes the obligations under-
taken by each of those nations, except Alba-
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
nia, as signatories to the Helsinki Final Act
to "respect human rights and fundamental
freedoms, including the freedom of thought,
conscience, religion and belief for all with.
out distinction as to race, sex, language of
religion" and urges the governments of
those countries to abide by their interna-
tional human rights commitments in this
regard.
OBSERVANCE BY THE GOVERNMENT OF ROMANIA
OF HUMAN RIGHTS OF HUNGARIANS IN TRAN-
SYLVANIA
The Senate amendment (sec. 516) contains
findings and a statement of policy concern-
ing the observance by the Government of
Romania of the human rights of Hungar-
ians in Transylvania.
The House bill (sec. 180) contains a simi-
lar provision.
The conference substitute (sec. 1025) ex-
presses the sense of the Congress deploring
the activities of the Government of Roma-
nia which restrict the internationally recog-
nized human rights of Hungarians and
others in Transylvania. The committee of
conference finds that Romania pursues a
policy of denationalization toward Hungar-
ians and people of other nationalities in
Transylvania by measures approximating
ethnocide, including the destruction of Hun-
garian language schools and documents of
the Hungarian past of Transylvania, and
the dispersion of the Hungarian intelligen-
tsia; interferes with the internal affairs of
all its religious communities, severely limit-
ing or banning all their social and teaching
activities, and discriminating against their
members In employment, education, and
promotion. The committee of conference
notes with concern the denial of these inter-
nationally recognized human rights and
calls on the Romanian government to abide
by its commitments under the Final Act of
the Conference on Security and Coopera-
tion in Europe to respect human rights and
fundamental freedoms.
SELF-DETERMINATION OF THE PEOPLE OF
ESTONIA, LATVIA, AND LITHUANIA
The Senate amendment (sec. 518) con-
taines congressional findings regarding the
subjugation of the people of the Baltic
states by the Soviet Union and a statement
of policy recognizing the desire and the
right of the Baltic peoples for freedom and
independence. The Senate amendment also
calls on the President to direct world atten-
tion to the right of self-determination of
the people of the Baltic states.
The House bill (sec. 801) containes a simi-
lar provision.
The conference substitute (sec. 1206) ex-
presses the sense of Congress that the
desire and right of the Baltic peoples for
freedom and independence should be recog-
nized, that the President should direct
world attention to the right of self-determi-
nation of the Baltic peoples by issuing a
statement of support for the right of self-
determination of all peoples and the nonrec-
ognition of the forced incorporation of the
Baltic states into the Soviet Union, that the
President should call attention to human
rights violations in the Baltic states and
promote compliance with the human rights
and humanitarian provisions of the Helsinki
Final Act in the Baltic states.
The committee of conference is particular-
ly concerned about Soviet policies designed
to change the ethnic character of the popu-
lations of Estonia, Latvia, and Lithuania
and about the Soviet Government's refusal
to allow the Baltic peoples to exercise inter-
nationally recognized human rights and the
right of self-determination. The committee
of conference notes that the Baltic peoples
continue to show their discontent with for-
eign domination and their desire for liberty
through demonstrations, the most recent on
August 23, 1887, to mark the signing of the
Molotov-Ribbentrop Pact, which consigned
the Baltic states to a Soviet sphere of influ-
ence. The committee of conference strongly
urges the President to call attention to the
harassment, arrest, imprisonment, and ex-
pulsion of peaceful protestors, as well as
other violations of Internationally recog-
nized human rights in the Baltic states.
ASSISTANCE IN SUPPORT OF DEMOCRACY IN
POLAND
The Senate amendment (sec. 530) ear-
marks $1 million for each of the fiscal years
1988 and 1989 from the economic support
fund account for the unconditional support
of the independent Polish trade union Soli-
darity.
The House bill contains no comparable
provision.
The conference substitute (sec. 1207) ex-
presses congressional support for Solidarity,
but earmarks $1 million for fiscal year 1988
from the economic support fund account for
unconditional support of democratic institu-
tions and activities in Poland in lieu of the
direct earmark for Solidarity. The commit-
tee of conference intends that the $1 million
be channeled through the National Endow-
ment for Democracy's Free Trade Union In-
stitute for use in Poland in full consultation
with representatives of Solidarity.
The committee of conference devoted con-
siderable attention to the issue of whether
funds should be directly earmarked for Soli-
darity. This issue has caused considerable
disagreement within the Polish American
community and representatives of Solidari-
ty in Poland an its affiliated office in Brus-
sels. The following are two communications
received by members of the committee of
conference regarding the disposition of
funds authorized by this section:
POLISH AMERICAN CONGRESS, INC.,
. Chicago, IL, December 1, 1987,
Hon. DANTE B. FASCELL,
Chairman, Foreign Affairs Committee, Ray-
burn House Office Building, Washing-
ton, DC.
DEAR MR. CHAIRMAN: This letter is to ex-
press our appreciation to you and the other
Representatives who initiated and voted for
the bill which indicates the strong endorse-
ment of the U.S. Congress for Solidarity
and supports funding for the "democratic
institutions and activities" in Poland.
Let me emphasize that the Polish Ameri-
can Congress has been guided by one consid-
eration, namely; how to assist Solidarity in
the most effective way. In this respect we
have to follow the advise of Lech Walesa
and the Provisional Executive Committee of
Solidarity in Poland.
Walesa made it clear in his letter to the
Members of Congress and even in more spe-
cific terms in the letter to Lane Kirkland,
the President of the AFL/CIO, that Solidar-
ity as a trade union organization can accept
badly needed funds only from free trade
union organizations in the West. The one
million dollars Congress allocated to Soli-
darity for FY87 had to be diverted by Soli-
darity to health services through the 'Soli-
darity Social Fund'. In order to avoid a simi-
lar situation we are supporting the amend-
ment to the language of the bill as it was
passed last week by your Committee.
Since I understand that a different view
was offered by an officer from one of our
State Divisions, let me stress emphatically
that only the President of Polish American
Congress and it's Executive Committee have
authority to speak on behalf of our organi-
zation. As far as Solidarity is a concerned,
the only authority which we recognize is
H 11347
Lech Walesa and the Provisional Executive
Committee of Solidarity in Poland.
Respectfully,
ALOYSIUS A. MAZEWSKI,
President.
COORDINATING OFFICE ABROAD OF
NSZZ,
Brussels, December 3, 1987.
Hon. JESSE HELMS,
U.S. Senate, Washington, DC.
DEAR SIR: First, allow me to express once
again my deep appreciation and thanks for
your personal involvement in the NSZZ "So-
lidarnosc" cause. In response to the ques-
tions you posed during the telephone con-
versation two hours ago, I would like to
repeat the main points of my answers in
order to avoid any misunderstanding.
1. The Coordinating Office Abroad of
NSZZ "Solidarnosc" was established in
Brussels, Belgium on 1 July 1982 by the
Temporary Coordinating Commission
(TKK) of NSZZ "Solidarnosc"-the then
clandestine executive leadership of our
Union in Poland. Recently, the national
leadership of NSZZ "Solidarnosc" has been
assumed by the newly established above-
ground body-the National Executive Com-
mission (KKW) headed by Lech Walesa, the
Union's President. The Coordinating Office
has been made subordinate to the KKW,
and its mandate as the sole representation
of NSZZ "Solidarnosc" outside of Poland is
unchanged. This mandate can be confirmed
by the International Confederation of Free
Trade Unions in Brussels (General Secre-
tary, John Vanderveken, tel. [phone]-
85) and by the World Confederation of
Labour in Brussels (General Secretary, Jan
Kulakowski, tel. [phone]).
2. In the capacity of director of the Co-
ordinating Office Abroad of NSZZ "Solidar-
nosc", I am authorized to inform you that
to date my Union favors designating the
NSZZ "Solidarnosc" organization, in the
U.S. Congressional legislative language, as
the recipient of unconditional grants. I
know, however, that this issue is still a sub-
ject of discussion by the NSZZ "Solidar-
nose" leadership and, therefore, a modifica-
tion of the position is possible. I will inform
you, immediately, should this occur.
I must stress that the KKW, the highest
leadership body of NSZZ "Solidarnosc"
headed by Lech Walesa is exclusively in
power to decide on this matter and not the
Brussels Office.
3. The controversy within the NSZZ "Soli-
darnosc" leadership and its group of advis-
ers concerning this matter is based on the
following:
Some are of the opinion that specifically
quoting the NSZZ "Solidarnosc" name in
U.S. legislative acts exposes our organiza-
tion to even harsher attacks of propaganda
and gives the regime another excuse to deny
our Union legal status;
Others are of the opinion that the same
will only strengthen our Union's negotiating
position vis-a-vis the regime.
At present, the second view (i.e. favoring
quoting the NSZZ "Solidarnosc" name) pre-
vails.
4. The NSZZ "Solidarnosc" leadership in
Poland is taking for granted that whatever
the legislative language will be, they will
have the right and responsibility to decide
as to the utilization of the grants. However,
there are opinions among some of them
that Congressional grants should preferably
be given "somehow more quietly" and/or
channeled through the AFL-CIO.
5. I state, hereby, that any representa-
tions to the contrary of the above presented
information are inaccurate.
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H 11348 CONGRESSIONAL RECORD - HOUSE December 14, 1987
With due regards,
Sincerely yours,
JERZY MILEWSKI,
Director.
SUPPLEMENT INFORMATION
After sending this telegram, I was notified
that no decision by the KKW changing the
NSZZ "Solidarnosc" position on U.S. Con-
gressional grants has been made.
Brussels, December 4, 1987.
JERZY MILEWSKI,
Director.
PART B-LATIN AMERICA AND CUBA
CUBAN HUMAN RIGHTS VIOLATIONS AND THE
FAILURE OF THE UNITED NATIONS TO PLACE
CUBA ON ITS HUMAN RIGHTS AGENDA
The House bill (sec. 199C) contains con-
gressional findings that the United Nations
and the U.N. Human Rights Commission
have acted selectively in addressing human
rights violations in selected countries, ex-
presses congressional disapproval at the fail-
ure of the United Nations to place Cuba on
its human rights agenda, and applauds the
efforts of the U.S. Ambassador to the
United Nations to do so. In addition, the
House bill (sec. 901) contains congressional
findings concerning violations of human
rights by the Government of Cuba, includ-
ing freedom of travel and freedom of opin-
ion and expression, and expresses the sense
of Congress that these violations by the
Cuban Government are a major obstacle to
improved relations between Cuba and the
United States. The House bill also directs
the Secretary of State to distribute the text
of this section among members of the
United Nations in order to highlight Cuba's
violation of human rights.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1211) com-
bines the two House provisions.
PARTIAL LIFTING OF TRADE EMBARGO AGAINST
NICARAGUA
The Senate amendment (sec. 534) ex-
presses the sense of Congress that the Presi-
dent should exempt from the trade embargo
against Nicaragua items which would bene-
fit the print and broadcast medias, private
sector and trade union groups, nongovern-
mental service organizations, and the demo-
cratic civic opposition.
The House bill contains no comparable
provision.
The conference substitute (sec. 1212) is
the same as the Senate amendment.
TERRORIST BOMBING IN HONDURAS
The Senate amendment (sec. 566) contains
congressional findings concerning the bomb-
ing of the China Palace restaurant in Co-
mayagusa, Honduras by Alfonso Guerrero
Ulloa and the granting of asylum to Mr.
Guerrero by the Government of Mexico,
and expresses the sense of the Senate that
the United States should call on the Gov-
ernment of Mexico to turn Mr. Guerrero
over to the Government of Honduras for
prosecution.
The House bill contains no comparable
provision.
The conference substitute (sec. 1213) is
similar to the Senate amendment, but
makes the provision a sense of the Congress.
HUMAN RIGHTS IN PARAGUAY
The House bill (sec. 1990) contains con-
gressional findings regarding human rights
abuses in Ethiopia and Paraguay, expresses
the outrage of Congress at these abuses, and
urges these two governments to respect the
internationally recognized human rights of
its citizens.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1214) is
similar to the House bill, but makes modifi-
cations in the findings and divides the provi-
sion into two separate sections.
SENSE OF CONGRESS REGARDING PANAMA
The House bill (sec. 1991) expresses the
concern of Congress over internal disturb-
ances in Panama, including the suspension
of most constitutional rights, and expresses
support for free and constitutional elections
in Panama.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision.
CONFLICT IN CENTRAL AMERICA
The House bill (sec. 1501) contains con-
gressional findings concerning the peace
process in Central America and the reaffir-
mation of the heads of state of that region
in a political solution to the problems in the
region, applauds and supports the initiative
of President Arias of Costa Rica toward
ending armed conflict in the region, and
urges the Government of Nicaragua to en-
dorse the Arias peace process and indicate
its willingness to negotiate in good faith
toward peace and democracy in Central
America.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision due to recent developments in the
CentralAmerican region.
TRAVEL IN SUPPORT OF COMMUNISM IN CENTRAL
AMERICA
The House bill (sec. 1701) requires the
Secretary of State to designate all U.S. pass-
ports as restricted for. (1) travel to or use in
Nicaragua if the purpose of the travel is to
perform services or provide other assistance
to the military operations of the Govern-
ment of Nicaragua, and (2) travel to or use
anywhere in Central America if the purpose
of the travel is to perform services or pro-
vide other assistance to the military oper-
ations of any group which the President has
designated as a Communist guerrilla group
or which receives assistance from the Soviet
Union, Cuba, or Nicaragua. The provisions
of this section shall remain in effect until
the President certifies to Congress that the
Government of Nicaragua is abiding by
commitments made to the OAS in 1979.
The Senate amendment contains no com-
parable provision.
The conference substitute deletes the pro-
vision.
PART C-AFRICA
HUMAN RIGHTS IN ETHIOPIA
The House bill (sec. 199D) contains con-
gressional findings regarding human rights
abuses in Ethiopia and Paraguay, expresses
the outrage of Congress at these abuses, and
urges these two governments to respect the
internationally recognized human rights of
its citizens.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1221) is
similar to the House bill, but makes modifi-
cations in the findings and divided the pro-
vision Into two separate sections.
UNITED STATES POLICY ON ANGOLA
The Senate amendment (sec. 527) contains
congressional findings regarding the war in
Angola and expresses the sense of the Con-
gress that the United States should work
toward a peaceful resolution to the Angolan
conflict that includes the complete with-
drawal of all Soviet, Cuban, and other Com-
munist forces, the establishment of a gov-
ernment of national unity and the holding
of free and fair elections, and that the
President and the Secretary of State should
convey to Soviet leaders that the military
build-up in Angola is an obstruction to posi-
tive bilateral relations. In addition, the
Senate amendment states that the Angolan
people should not be left to starve because
of the Communist regime, that the United
States should consider the humanitarian
needs of the Angolan-people, that any hu-
manitarian assistance provided by the
United States should be distributed through
private and voluntary organizations, and
that the Secretary of State should transmit
to the Congress a report on the progress of
discussions between the Soviet Union and
the United States on the Angolan conflict.
The House bill contains no comparable
provision.
The conference substitute (sec. 1222) is
similar to the Senate amendment, but calls
for the complete withdrawal of all foreign
military forces and Soviet military advisers
from Angola and makes some modifications
in the findings.
FORCED DETENTIONS BY THE ANC AND SOUTH
AFRICAN GOVERNMENT
The House bill (sec. 199H) requires the
Secretary of State to submit a report not
later than 90 days after the date of enact-
ment on detention camps maintained by the
African National Congress and on detention
in South Africa since June 1986.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1223) is
similar to the House bill, but makes clear
that the committee of conference excepts
this report to cover any detention camps
that might be maintained by the ANC.
DETENTION OF CHILDREN IN SOUTH AFRICA
The Senate amendment (sec. 523) contains
congressional findings regarding the deten-
tion of children in South Africa and calls
for the South African Government to:
(1) cease the practice of detaining chil-
dren under 18 years;
(2) to release all children in South Africa
held under the state of emergency regula-
tions and other laws which authorize deten-
tion without charge or trial or charge them
and allow them their rights of a public trial;
and
(3) pending the release, calls on the South
African Government to permit these chil-
dren access to parents and legal counsel, to
provide information on the names and loca-
tions of all detained children, to provide the
detained children with adequate food, cloth-
ing, and protection, to permit a recognized,
impartial international group to monitor
the situation of children in detention, and
calls for the apprehension and trial of all of
those who execute children by violent ac-
tivities.
The House bill contains no comparable
provision. However, the House did over-
whelmingly pass a resolution (House Reso-
lution 141) by a vote of 402-3, which is
nearly identical to the Senate amendment.
The conference substitute (sec. 1224) is
similar to the Senate amendment except
that it contains new language regarding the
charging of detained children, which calls
on the South African Government to charge
the children in those cases where an inter-
nationally recognized criminal act has been
committed.
MIDDLE EAST PEACE CONFERENCE
The Senate amendment (sec. 553) states
congressional findings regarding the recog-
nition of the state of Israel and Soviet refus-
al to reestablish diplomatic relations with
Israel, and the systematic denial of exit
visas to Soviet Jews. The Senate amend-
ment also states the sense of congress that
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
the Soviet Union should not participate in
any Middle East conference meeting or
summit on the Arab-Israel conflict unless it
has reestablished relations with Israel, ac-
cepted U.N. Resolutions 242 and 338, sub-
stantially increased Jewish emigration to
Israel, and has received the approval of
Egypt, Israel, and Jordon for participation
in such a conference.
The House bill contains no comparable
provision.
The conference substitute (sec. 1231) is
similar to the Senate amendment, but
makes some technical changes to conform
the provision to U.S. policy on a prospective
Middle East peace conference.
U.S. POLICY TOWARD LEBANON
The Senate amendment (sec. 545) ex-
presses the sense of the Congress with re-
spect to the continued civil conflict and for-
eign intervention in Lebanon, and states
that the United States should base its policy
in Lebanon on the principles of preservation
of unity, withdrawal of all foreign forces,
recognition of territorial integrity, reasser-
tion of sovereignty and the reestablishment
of the authority of the Government of Leb-
anon. The Senate amendment also ex-
presses the sense of the Congress that the
provision of at least 200,000 tons of wheat
and 30,000 tons of rice through title I of
Public Law 480 and section 416 of the Agri-
culture Act of 1949 to the Government of
Lebanon is in the interest of the United
States.
The House bill contains no comparable
provision.
The conference subsititute (sec. 1232) is
similar to the Senate amendment, but in-
cludes a reference to title II of Public Law
480 in the list of food assistance available. It
is the intention of the committee of confer-
ence that if any agreement for a program
under title I of Public Law 480 or a govern-
ment-to-government program under section
418 of the Agriculture Act of 1949 is con-
cluded, such agreement should meet the leg-
islative requirements for title I, including
adequate provision for self-help measures
and for programming local currencies, and
ensuring that commodities provided are not
reexported. It is the further intention of the
committee of conference that inclusion of a
title I or section 416 agreement should not
jeopardize continuation of the title II pro-
gram in Lebanon.
ACTING IN ACCORDANCE WITH INTERNATIONAL
LAW IN THE PERSIAN GULF
The Senate amendment (sec. 524) contains
congressional findings concerning freedom
of navigation, the mining of the Persian
Gulf by the Government of Iran, and U.S.
actions to terminate that mining. The
Senate amendment further expresses the
sense of the Congress that by mining the
Persian Gulf without notifying neutral na-
tions engaged in maritime commerce, the
Government of Iran violated international
law, that the use of force by the U.S. Navy
to terminate that mining was justified
under international law, and that interna-
tional law offers a framework for such posi-
tive action and fostering broader adherence
to law promotes the security interests of the
United States.
The House bill contains no comparable
provision.
The conference substitute (sec. 1233) is
similar to the Senate amendment.
POLICY TOWARD IRAN-IRAQ WAR
The Senate amendment (sec. 510) ex-
presses the sense of the Congress that the
continuation of the Iran-Iraq war threatens
the security and stability of all states in the
Persian Gulf and that the U.S. policy is to
support the total unconditional withdrawal
of both Iran and Iraq to internationally rec-
ognized boundaries, to support an immedi-
ate ceasefire, to endorse the peaceful resolu-
tion of this conflict under the auspices of
the United Nations or any other interna-
tional organization or party, and to urge
strict observance of international humani-
tarian law by both sides.
The House bill contains no comparable
provision.
The conference substitute (sec. 1234) is
similar to the Senate amendment, but refer-
ences U.S. policy in the context of U.N. Se-
curity Council Resolution 598, which calls
for the withdrawal of both Iran and Iraq to
internationally recognized borders, endorses
the peaceful resolution of the Iran-Iraq con-
flict under the auspices of the United Na-
tions, and calls for an embargo of military
supplies to any party which refuses to abide
by United Nations Security Council Resolu-
tion 598.
IRAN HUMAN RSGHTS VIOLATIONS
The Senate amendment (sec. 565) contains
congressional findings regarding the contin-
ued egregious violations by the Government
of Iran of the internationally recognized
human rights of the citizens of Iran, includ-
ing torture, Imprisonment, and execution on
the basis of beliefs, the continued refusal of
the Iranian Government to allow a special
representative of the U.N. Security Council
to inspect Iranian prisons to determine the
true extent of torture in Iran, and the con-
tinuation of the Iran-Iraq war. The senate
amendment also expresses concern for those
citizens enduring war and repression in
Iran, supports an official U.S. policy of the
complete halting the shipment of any kind
of armament to the Government of Iran,
urges the President to continue to make
every effort to cooperate with other
member nations of the United Nations to
bering about an end to government-spon-
sored torture in Iran and to allow inspection
of Iranian prisons, and expresses support
for all efforts made through the U.N. Secu-
rity Council to pressure the Khomeini gov-
ernment to end the Iran-Iraq war.
The House bill contains no comparable
provision.
The conference substitute (sec. 1235) is
similar to the Senate amendment, but clar-
iries the findings and urges the President to
pressure the Iranian government to respect
interntionally recognized human rights.
IRANIAN PERSECUTION OF THE BAHA'IS
The Senate amendment (see. 511) ex-
presses the sense of the Congress that the
Iranian Government has .systematically dis-
criminated against the Baha'i community in
Iran, that these violations of human rights
are in direct contravention of the Charter of
the United Nations and the Universal Decla-
ration of Human Rights, and that the presi-
dent should take al neeessry steps to focus
international attention on the plight of the
Baha's community.
The House bill contains no comparable
provision.
The conference substitute (sec. 1236) is
the same as the Senate amendment.
COST-SHARING IN THE PERSIAN GULF
The Senate amendment (sec. 535) ex-
presses the sense of Congress that the Presi-
dent should enter into negotiations for the
sharing of costs involved in the use of U.S.
Armed Forces in the Persian Gulf, and that
he should submit a report to Congress de-
tailing the costs incurred by the U.S. Armed
Forces in the Gulf, any costs incurred In the
event that oil supplies transiting the Gulf
were not available :to the United States, and
a determination as to which countries bene-
fit directly from the U.S. reflagging oper-
ation.
H 11349
The House bill contains no comparable
provision.
The conference substitute deletes the pro-
vision. The committee of conference agrees
that the Countries in the Persian Gulf and
the countries presently purchasing Persian
Gulf oil should join in bearing the burdens
of the protection of Innocent navigation in
the Gulf. Some progress in this area has re-
cently been made. Five European nations
are now operating warships in the Gulf.
West Germany has moved ships into the
Mediterranean to relieve other ships that
have been sent to the'Gulf. Japan is sending
navigational aids which will be of help to
the Western forces and has indicated a will-
ingness to make needed financial contribu-
tions to a U.N. effort to achieve a ceasefire
in the Iran-Iraq war. In addition, Gulf na-
tions are making valuable facilities and
other assets available to American and
other forces operating in the Perisan Gulf.
Other nations are also providing political
support in the United Nations and else-
where in order to achieve a ceasefire and po-
litical resolution to the conflict in the
region.
The committee of conference strongly
urges the executive branch to continue its
work to strengthen material and political
support for the Western effort in the Gulf.
The executive branch should make detailed
reports to the Congress, which should be
quantitative wherever appropriate, on the
costs and benefits of its policy.
PART E-ASIA
SOVIET OCCUPATION OF AFGHANISTAN
The Senate amendment (sec. 509) contains
findings concerning the Afghan resistance,
a statement of policy concerning provision
of assistance to the Afghan people, and a di-
rection to the President and the Secretary
of State to adopt policies and programs to
ensure that all assistance intended for the
Afghan people reaches its intended recipi-
ents.
The House bill contains no comparable
provision.
The conference substitute (sec. 1241) is
the same as the Senate amendment.
REPORT ON ADMINISTRATION POLICY ON
AFGHANISTAN
The Senate amendment (sec. 564) contains
findings concerning the sanctions which
have been imposed on the Soviet Union to
protest the Soviet invasion of Afghanistan,
and calls for reports to Congress with
regard to such sanctions.
The House bill contains no comparable
provision.
The conference substitute (sec. 1242.) is
similar to the Senate amendment.
AMBASSADOR-AT-LARGE FOR AFGHANISTAN
The Senate amendment (sec. 544) estab-
lishes within the Department of State the
position of Ambassador-at-Large for Af-
ghanistan who shall coordinate the activi-
ties of the U.S. Government with respect to
Afghanistan. The Department of State shall
retain this position until the President certi-
fies that various conditions with respect to
the Soviet occupation of Afghanistan and
its status in the world community have been
met.
The House bill contains no comparable
provision.
The conference substitute deletes this
provision in light of the decision of the com-
mittee of conference to defer all reorganiza-
tion proposals until after a thorough review
of the Department of State's organization is
completed.
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CONGRESSIONAL RECORD - HOUSE December 14, 1987
HUMAN RIGHTS VIOLATIONS IN TIBET BY THE
PRC
The House bill (sec. 1301 to sec. 1305) con-
tains congressional findings concerning the
occupation of Tibet by the People's Repub-
lic of China since 1949, the destruction of
monastaries and the removal of irreplace-
able worked of art and literature from
Tibet, the immigration of large numbers of
Chinese to Tibet, and the incarceration and
killing of Tibetans for political and religious
beliefs. The House bill also expresses the
sense of Congress that the People's Repub-
lic of China should end human rights viola-
tions in Tibet, actively reciprocate the Dalai
Lama's efforts to establish a dialogue on the
resolution of the conflict in Tibet, and re-
lease all political prisoners in Tibet and ex-
presses the sense of Congress that the Presi-
dent should instruct U.S. officials to pay
greater attention to the concerns of the Ti-
betan people. The Secretary of State is re-
quired to make a determination on the
needs of displaced Tibetans and to report on
such determination to Congress no later
than 60 days after the date of enactment. If
a positive determination is made by the Sec-
retary of State, such sums as may be neces-
sary from that amount authorized for mi-
gration and refugee assistance shall be
made available for assistance to Tibetan ref-
ugees.
In addition, the House bill requires the Di-
rector of the United States Information
Agency to make available not less than 10
scholarships for study at institutions of
higher learning in the United States to Ti-
betan students and professionals residing
outside Tibet in for each of the fiscal years
1988 and 1989.
The Senate amendment (sec. 521) is simi-
lar to the House bill, but requires that any
notification to Congress with respect to any
sale, licensed export, or other transfer of de-
fense articles and services to the People's
Republic of China be accompanied by a
Presidential certification that the Govern-
ment of the People's Republic of China is
acting in good faith and in a timely manner
to resolve human rights issues in Tibet. The
Senate amendment also requires the Secre-
tary of State to submit a report not later
than 60 days after the date of enactment on
the human rights situation in Tibet and the
transfer of Chinese to Tibet and earmarks
$200,000 from the amount authorized for
the migration and refugee account only for
assistance for Tibetan refugees, and re-
quires the provision of 15 scholarships by
the United States Information Agency.
The conference substitute (sec. 1243) lists
the current and past human rights viola-
tions in Tibet by the People's Republic of
China and expresses, through several policy
statements, the sense of Congress that the
United States should make the treatment of
the Tibetan people an important factor in
its conduct of relations with the People's
Republic of China. The provision also re-
quires the PRC's efforts to resolve human
rights issues In Tibet and provides not less
than 15 scholarships for study at institu-
tions of higher education in the United
States for Tibetans living in exile.
VIETNAMESE OCCUPATION OF CAMBODIA
The Senate amendment (sec. 529) contains
congressional finding regarding the invasion
and occupation of Cambodia by the Socialist
Republic of Vietnam and declares that this
occupation constitutes a gross violation of
international law, that the Government of
Vietnam is violating the fundamental
human rights of the Cambodian people by
its continued occupation, and that the Gov-
ernment of Vietnam should immediately
withdraw its occupation forces and agree to
negotiate a settlement restoring self-deter-
mination of the Cambodian people.
The House bill contains no comparable
provision.
The conference substitute (sec. 1244) is
similar to the Senate amendment, but adds
new provisions decrying the lack of self-de-
termination for the Cambodian people; sup-
porting efforts of the Association of South
East Asian States (ASEAN), the U.N. Secre-
tary General, and the non-Communist Cam-
bodian people to achieve a political settle-
ment in Cambodia which would include
internationally supervised free and fair elec-
tions as well as assurances that there will be
no return of the genocidal Pol Pot regime to
power.
HUMAN RIGHTS IN THE PEOPLE'S REPUBLIC OF
CHINA
The House bill (sec. 1201) contains con-
gressional findings concerning the restric-
tion of the rights of citizens in the People's
Republic of China to travel freely within
the PRC, to have contact with foreigners,
and to form trade unions and other volun-
tary associations, and the detrimental effect
the exercise of religious activities has on the
civil, social, and economic status of citizens
of the PRC. The House bill also expresses
the sense of Congress that the leadership of
the People's Republic of China should take
all necessary steps toward establishing a
more democratic society.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1245) is
similar to the House bill, with some modifi-
cations in the findings.
DEMOCRACY IN TAIWAN
The House bill (sec 1101) contains con-
gressional findings on the progress made by
the Government of Taiwan in opening up
the political process in Taiwan and continu-
ing the process of democratization. The
House bill also urges the Government of
Taiwan to continue and accelerate progress
toward a fully democratic system of govern-
ment by assuring the rights of free speech,
assembly, and expression and by moving
toward a fully representative government.
The Senate amendment (sec. 548) contains
a similar provision.
The conference substitute (sec. 1246) com-
bines the House and Senate provisions.
POLICY TOWARD SOUTH KOREA
The Senate amendment (sec. 513) contains
congressional findings and a statement of
policy concerning the process of democrati-
zation in the Republic of Korea.
The House bill contains no comparable
provision.
The conference substitute deletes the pro-
vision.
POLICY TOWARD NORTH KOREA
The Senate amendment (sec. 514) contains
congressional findings regarding North
Korea's suppression of basic human rights,
involvement In acts of international terror-
ism, and the suspension of negotiations with
South Korea aimed at reducing tensions on
the peninsula, and expresses the sense of
Congress that North Korea should take
steps to cease these harmful activities.
The House bill contains no comparable
provision.
The conference substitute deletes the pro-
vision.
PART F-MISCELLANEOUS
REPORTS ON ILLEGAL TECHNOLOGY TRANSFERS
The House bill (sec. 199E) requires the
Secretary of State to submit a report not
later than 30 days after the date of enact-
ment on the status of Japanese and Norwe-
gian government investigations of trnasfers
of sensitive machinery to the Soviet Union
by Toshiba Machine Company and Kongs-
berg Vappenfabrik respectively, the actions
taken by these two governments to ensure
that such transfers do not recur, and action
and plans of the U.S. Government to re-
spond to such cases.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1251) is
the same as the House bill.
REPORT ON PROGRESS TOWARD A WORLD SUMMIT
ON TERRORISM
The House bill (sec. 173) requires the
President to submit a report to the Congress
not later than 90 days after the date of en-
actment on actions he has taken in conven-
ing a summit meeting of world leaders to
adopt a unified program against interna-
tional terrorism.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1252) de-
letes the reporting requirement and ex-
presses the sense of the Congress that the
President should convene a summit meeting
to adopted a unified, effective program
against international terrorism.
PROTECTION OF AMERICANS ENDANGERED BY THE
APPEARANCE OF THEIR PLACE OF BIRTH ON
THEIR PASSPORTS
The House bill (sec. 174) contains congres-
sional findings with respect to the appear-
ance of place of birth on U.S. passports and
urges the President to enter into discussions
with other countries regarding the feasibili-
ty of a general agreement concerning the
deletion of place of birth as a required item
of information on passports.
The Senate amendment contains no com-
parable provision.
The conference substitute (sec. 1253)
urges the President to enter into discussions
with other countries regarding the feasibili-
ty of a general agreement permitting the de-
letion of place of birth as a required item of
Information on passports.
SUPPORT OF MUTUAL DEFENSE ALLIANCES
The Senate amendment (sec. 536) contains
congressional findings concerning the secu-
rity and defense of the NATO countries and
Japan and the contribution to defense alli-
ances by these, and urges the President to
negotiate with the NATO countries and
Japan to achieve a more equitable distribu-
tion of the financial burden of defense alli-
ances.
The House bill (sec. 1601) contains a simi-
lar provision which is Japan specific, and di-
rects the Secretary of State to enter into ne-
gotiations within 180 days with the Govern-
ment of Japan for the purpose of increasing
the amount spent by the Government of
Japan for defense to at least 3 percent of
their gross national product.
The conference substitute (sec. 1254) is
similar to the Senate amendment.
ARMS EXPORT CONTROL ENFORCEMENT AND
COORDINATION
The Senate amendment (sec. 802 and sec.
803) amends section 38 of the Arms Export
Control Act to:
(1) require the development of appropri-
ate mechanisms to identify persons who
have violated the Arms Export Control Act.
Export Administration Act, the Espionage
Act, Trading with the Enemy Act, and the
Foreign Assets Control Act or who have
been declared Ineligible to receive export or
import licenses from any agency of the U.S.
Government;
(2) prohibit the granting of export li-
censes covered by the U.S. Munitions List to
foreign persons or, except when a case-by-
case review indicates otherwise, those per-
sons who have violated various require
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December 14, 1987 CONGRESSIONAL RECORD - HOUSE
ments of law or who have been declared in-
eligible to receive export or import licenses
from any agency of the U.S. Government;
(3') require an export license for any item
on the U.S. Munitions List before it is sold
to, provided to, or taken possession by a for-
eign person or a person acting on behalf of
a foreign person.
The House bill contains no comparable
provision.
The conference substitute (sec. 1255);
(1) requires the President to develop ap-
propriate mechanisms to identify persons
who have violated various sections of the
Arens Export Control Act, the Export Ad-
ministration Act, sections 793, 794, or 798 of
title 18, United states Code relating to espio-
nage involving defense or classified informa-
tion, the Trading with the Enemy Act, the
International Emergency Economic Powers
Act, the Securities Exchange Act, the For-
eign Corrupt Practices Act, chapter 105,
title 18 of the United States Code relating
to sabotage, the Internal Security Act of
1950, the Atomic Energy Act of 1954, the
National Security act of 1947, and the Com-
prehensive Anti-Apartheid Act of 1986, or
who have been declared ineligible to con-
tract with or receive a license or other form
of authorization to export or import defense
articles or defense services from any agency
of the U.S. Government;
(2) profides authority to deny the grant-
ing of export licenses to any person indicted
for violations of the above statutes or other-
wise ineligible to import defense articles or
defense services from any agency of the U.S.
Government;
(3) denies the issuance of licenses to sell
items on the U.S. Munitions List to foreign
persons;
'(4) requires the President to develop
standards for identifying high risk exports
to enable regular end-use verification and to
publish those standards in the Federal Reg-
ister not later than October 1, 1988;
(5) enables the Secretary of State to re-
quest personnel from the Departments of
Defense and Treasury to assist in the
screening and review of export license appli-
cations; and
(6) enables the Office of Munitions Con-
trol of the Department of State to use
$250,000 in license fees to hire contract per-
sonnel and obtain computer equipment to
assist in the screening and review of export
license applications.
The committee of conference expects that
the new authorities created in this section
for arms export control enforcement and co-
ordination will enable the Department of
State to deny licenses for violations of the
major foreign policy and national security
statutes cited in this section. It also expects
the the Department of State will deny li-
censes to fugitives from justice who have
been convicted in any court of a crime pun-
ishable by imprisonment of a term exceed-
ing 1 year whether or not they have been
convicted of violations of the statutes cited
in this section when the Department has in-
formation on such fugitives from justice.
The committee of conference also under-
stands that in a very small percentage of
arms export licensing cases, dealing in par-
ticular with manufacturing license and dis-
tribution agreements, all end-users may not
be known at the outset of the transaction.
The committee of conference does -not
intend by the language of this section to dis-
allow use of these licensing arrangements.
INTERNATIONAL TRAVEL
The Senate amendment (sec. 507) prohib-
its funds authorized by this act from being
used to fund international first class air
travel for congressional staff members
except for a staff member who is accompa-
nying a Member of Congress travelling first
class or if no-other means are available.
The house bill contains no comparable
provision.
The conference substitute delete this pro-
vision.
STATE VISIT OF PRESIDENT OF ISRAEL
The Senate amendment (sec. 522) ex-
presses the sense of the Congress that the
President of the United. States should, at
the earliest possible date, invite the Presi-
dent of Israel to make a state visit.
The House bill contains no comparable
provision.
The -conference substitute deletes the pro-
vision. The committee of conference notes
that the President of Israel has made a
state visit.
From the Committee on Foreign Affairs, for
consideration of the House bill and Senate
amendment, and modifications committed
to conference:
DANTE B. FASCELL,
DAN MICA,
Gus YATRON,
MERVYN M. DYMALLY,
PETER H. KOSTMAYER,
LAWRENCE J. SMITH,
CHESTER G. ATKINS,
WM. BROOMFIELD,
OLYMPIA SNOWS,
BENJAMIN A. GILMAN,
CONNIE MACK,
MIKE DEWINE,
As additional conferee solely for consider-
ation of sec. 156 of the House bill, and modi-
fications committed to conference:
STEPHEN J. SOLARZ,
As additional conferee solely for consider-
ation of sec. 199E of the House bill, and
modifications committed to conference:
DON BONKER,
As additional conferees from the Committee
on Post Office and Civil Service, for consid-
eration of secs. 124, 134, 139, 145, 151
through 154, 156 through 162, 179, 189
through 194, 196, and 403 of the House bill,
and secs. 111 through 114, 116 through 124,
303, 525, 551, 555 through 557, 559, and 606
of the Senate amendment, and modifica-
tions committed to conference:
WILLIAM D. FORD,
PAT SCHROEDER,
FRANK HORTON,
As additional conferees from the Committee
on the Judiciary, for consideration of sees.
132, 143, 146, 182, 199, 199B, and 212 of the
House bill, and titles VII, IX, X, and XI and
sees. 502, 503, 504, 506, 512, 526, 528, 531,
549, 552, 558, and 570 of the Senate amend-
ment, and modifications committed to con-
ference:
PETER W. RoDINO,
R.L. MAZZOLI,
BILL HUGHES,
BARNEY FRANK,
HAMILTON FISH, Jr.,
BILL MCCOLLUM,
As additional conferees from the Committee
on Armed Services, for consideration of sec.
199F of the House bill, and modifications
committed to conference:
BEVERLY BYRON,
ALBERT LG. BUSTAMANTE,
HERBERT H. BATEMAN,
As additional conferees from the Committee
on Ways and Means, for consideration of
sees. 552, 912, and 913 of the Senate amend-
ment, and modifications committed to con-
ference:
DAN ROSTENKOWSKI,
SAM M. GIBBONS,
CHARLES B. RANGEL,
THOMAS J. DOWNEY,
JOHN J. DUNCAN,
PHILIP M. CRANE,
H 11351
As additional conferees from the Committee
on Energy .and Conunerce, for consideration
of sees. 401 through 404 of. the Senate
amendment, and modifications committed
to conference:
JOHN D. DINGELL,
HENRY A. WAXMAN,
PHILIP R. SHARP,
NORMAN F. LENT,
EDWARD MADIGAN,
As additional conferees from the Committee
on Science, Space, and Technology, for con-
sideration of sees. 401 through 404 of the
Senate amendment, and modifications com-
mitted to conference:
ROBERT A. ROE,
JAMES H. SCHEUER,
RALPH M. HALL,
MANUEL LUJAN, Jr.,
F. JAMES SENSENBRENNER,
Jr.,
As additional conferees from the Committee
on Public Works and Transportation, for
consideration of sec. 552 of the Senate
amendment, and modifications committed
to conference:
NORMAN Y. MINETA,
RON DE LUGO,
JOHN PAUL
HAMMERSCHMIDT,
Managers on the Part of the House.
CLAIBORNE PELL,
JOE BIDEN,
PAUL SARBANES,
JESSE HELMS,
RICHARD LUGAR,
Managers on the Part of the Senate.
FACILITATION ACT OF 1987
Mr. VENTO. Mr. Speaker, I move to
suspend the rules and pass the bill
(H.R.18.60) entitled the "Federal Land
Exchange Facilitation Act of 1987," as
amended.
The Clerk read as follows:
H.R. 1860
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
SECTION 1. 8HOIST.TITLE.
This Act may be cited as the "Federal
Land Exchange Facilitation Act of 1987".
SECTION Z. FINDINGS AND PURPOSES.
(a) FIxDINGs. The-Congress finds and de-
clares that-
(1-) land exchanges are a very Important
tool for Federal and State land managers
and private landowners to consolidate Fed-
eral, State, and private holdings of land or
interests in land for purposes of more effi-
cient management and to secure important
objectives Including the protection of fish
and wildlife habitat and aesthetic values;
the enhancement of recreation opportuni-
ties; the consolidation of mineral and timber
holdings for more logical and efficient de-
velopment; the expansion of communities;
the ?promotion of multiple-use values; and
fulfillmentof public needs;
-(2) needs for land ownership adjustments
and consolidation consistently outpace
available funding for land purchases by the
Federal Government and thereby make land
exchanges an increasingly important
method of land acquisition and consolida-
tion for both Federal and State land manag-
ers and private landowners;
(3) the Federal Land Policy and Manage-
ment Act of 1976 and other laws provide a
basic framework and .authority for land ex-
changes involving lands under the jurisdic-
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 Declassified and Approved For Release 2013/01/03: CIA-RDP89T00234R000300330008-1
H 11352 ?CONGRESSIONAL RECORD - HIMSE December 14, 1987
tion of the Secretary of the Interior and the
Secretary of Agriculture: and
(4) such existing laws are In need of cer-
tain revisions to streamline and facilitate
land exchange procedure and expedite ex-
change timetables.
(b) PURPOSES.-The purposes of this Act
are:
(1) to facilitate and. expedite land ex-
changes pursuant to the Federal Land
Policy and Management Act of 1976 and
other laws applicable to exchanges involving
lands managed by the Departments of the
Interior and Agriculture by-
(A) providing more uniform rules and reg-
ulations pertaining to land appraisals which
reflect nationally recognized appraisal
standards but which also reflect any differ-
ences between appraisals of lands and inter-
ests being considered for acquisition by the
Federal Governemnt and appraisals of lands
and interests being considered for transfer
out of Federal ownership; and
(B) establishing procedures and timetables
for the arbitration of appraisal disputes.
(2) to provide sufficient resources to the
Secretaries of the Interior and Agriculture
to ensure that land exchange activities can
proceed consistent with the public interest.
(3) to require a study and report concern-
ing improvements in the handling of certain
information related to Federal and other
lands.
SECTION 3. LAND EXCHANGES AND APPRAISALS.
(a) FLPMA AMENDMENTS.-Section 206 of
the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716) is hereby
amended by adding the following new sub-
sections:
"(d)(1) The Secretary of the Interior and
the Secretary of Agriculture shall promul-
gate regulations providing that, unless it is
mutually agreed otherwise prior to the expi-
ration of ninety days after entering an
agreement to initiate an exchange of land
or interest therein pursuant to this Act or
other applicable law, no later than ninety
days after entering into such an agreement
the Secretary concerned and other party or
parties involved in the exchange shall ar-
range for appraisal (to be completed within
a time frame negotiated by the parties) of
the lands or interests therein involved in
the exchange in accordance with subsection
(f) of this section.
"(2) If within one hundred and eighty
days after the submission of an appraisal or
appraisals for review an d approval by the
Secretary concerned and the other party or
oarties involved cannot agree to accept the
findings of an appraisal or appraisals, the
.ppraisal or appraisals shall be submitted to
,n arbitration to be conducted In accord-
ance with the real estate valuation arbitra-
ion rules of the American Arbitration Asso-
'iation. Such arbitration shall be binding on
she Secretary concerned and the other
party or parties involved in the exchange in-
,ofar as concerns the value of the lands
Which were the subject of the appraisal or
appraisals.
"(3) Within thirty days after the comple-
tion of the arbitration, the Secretary con-
cerned and the other party or parties in-
volved in the exchange shall determine
whether to proceed with the exchange,
modify the exchange to reflect the findings
of the arbitration or any other factors, or to
terminate the exchange. A decision to ter-
minate the exchange may be made by either
the Secretary concerned or the other party
or parties involved.
"(4) After submission of an appraisal or
appraisals for review by the Secretary con-
cerned but prior to submission of an ap-
praisal or appraisals to arbitration pursuant
to paragraph (2) of this subsection, If both
the Secretary concerned and the other
party or parties involved in an exchange de-
termine it is in the best interest of consum-
mating an exchange pursuant to this Act or
other applicable law, they may mutually
agree to employ a process of bargaining or
some other process (instead of arbitration)
to determine the values of the properties In-
volved in the exchange, or they may mutu-
ally agree to suspend or modify any of the
following:
"(A) The arbitration requirements of this
subsection.
"(B) The deadlines for submission of an
appraisal to arbitration.
"(C) The deadline for determinations sub-
sequent to completion of an arbitration.
"(e) Unless mutually agreed otherwise by
the Secretary concerned and the other
party or parties involved in an exchange
pursuant to this Act or other applicable law,
all patents or title to be issued for land or
interests therein to be acquainted by the
Federal Government and lands or interests
therein to be transferred out of Federal
ownership shall be issued simultaneously
after the Secretary concerned has taken any
necessary steps to assure that the United
States will receive acceptable title.
"(f)(1) Within one year after the enact-
ment of subsections (d) through (I) of this
section, the Secretaries of the Interior and
Agriculture shall promulgate new and com-
prehensive rules and regulations governing
exchanges of land and interests therein pur-
suant to this Act and other applicable law.
Such rules and regulations shall fully re-
flect the changes in law made by subsec-
tions (d) through (i) of this section and
shall include provisions pertaining to ap-
praisals of lands and interests therein in-
volved in such exchanges.
"(2) The provisions of the rules and regu-
lations issued pursuant to paragraph (1) of
this subsection governing appraisals shall
reflect nationally recognized appraisal
standards, including to the extent appropri-
ate, the Uniform Appraisal Standards for
Federal Land Acquisitions: Provided, howev-
er, That the provisions of such rules and
regulations shall-
"(A) ensure that appraisal standards
henceforth cover both the acquisition and
disposal of land by the Federal Government
and adequately reflect any differences that
may exist between appraising lands or inter-
ests therein being acquired by the Federal
Government and appraising lands or inter-
ests therein being transferred out of Federal
ownership; and
"(B) with respect to costs or other respon-
sibilities or requirements associated with
land exchanges-
"(I) recognize that the parties involved In
an exchange may mutually agree that one
party (or parties) will assume, without com-
pensation, all or part of certain costs or
other responsibilities or requirements ordi-
narily borne by the other party or parties;
and
"(ii) also permit the Secretary concerned,
where such Secretary determines it is in the
best interest of consummating an exchange
pursuant to this Act or other applicable law,
and upon mutual agreement of the parties,
to make adjustments to the relative values
assigned to properties involved in an ex-
change in order to compensate a party or
parties to the exchange for assuming costs
or other responsibilities or requirements
which would ordinarily be borne by the
other party or parties.
"As used in this subparagraph, the term
'costs or other responsibilities or require-
ments' shall include, but not be limited to,
costs or other requirements associated with
land surveys and appraisals, mineral exami-
nations, title searches, archeological surveys
and salvage, removal of encumbrances, arbi-
tration pursuant to subsection (d) of this
section, curing deficiencies preventing high-
est and best use, and other costs to comply
with laws, regulations and policies applica-
ble to exchange transactions, or which are
necessary to bring the Federal or non-Fed-
eral lands or Interests Involved in the ex-
change to their highest and best use for the
appraisal and exchange purposes.
"(g) Until such time as new and compre-
hensive rules and regulations governing ex-
change of land and interests therein are
promulgated pursuant to subsection (f) of
this section, land exchanges may proceed in
accordance with existing laws and regula-
tions, and nothing in the Act shall be con-
strued to require any delay in, or otherwise
hinder, the processing and consummation of
land exchanges pending the promulgation
of such new and comprehensive rules and
regulations. Where the Secretary concerned
and the party or parties invovled in an ex-
change have agreed to initiate an exchange
of land or interests therein prior to the date
of enactment of such subsections, subsec-
tions (d) through (I) of this section shall not
apply to such exchanges unless the Secre-
tary concerned and the party or parties in-
volved in the exchange mutually agree oth-
erwise.
"(h)(1) Notwithstanding the provisions of
this Act and other applicable laws which re-
quire that exchanges of land or Interests
therein be for equal value, where the Secre-
tary concerned determines it is in the public
interest and that the consummation of a
particular exchange will be expedited there-
by, the Secretary concerned may exchange
lands or interests therein which are of ap-
proximately equal value in cases where-
"(A) the combined value of the lands or
interests therein to be transferred from
Federal ownership by the Secretary con-
cerned in such exchange is not more than
$150,000; and
"(B) the Secretary concerned finds in ac-
cordance with the regulations to be promul-
gated pursuant to subsection (f) of this sec-
tion that a determination of approximately
equal value can be made without formal ap-
praisals, as based on a documented certifica-
tion made by a qualified appraiser and ap-
proved by an authorized officer; and
"(C) the definition of and procedure for
determining "approximately equal value"
has been set forth in regulations by the Sec-
retary concerned and the Secretary con-
cerned documents how such determination
was made in the case of the particular ex-
change involved.
"(2) As used in this subsection, the term
'approximately equal value' shall have the
same meaning with respect to lands man-
aged by the Secretary of Agriculture as it
does in the Act of January 22, 1983 (com-
monly known as the 'Small Tracts Act').
"(i)(1) Upon receipt of an offer to ex-
change lands or interests in lands pursuant
to this Act or other applicable laws, at the
request of the head of the department or
agency having jurisdiction over the lands in-
volved, the Secretary of the Interior may
temporarily segregate the Federal lands
under consideration for exchange from ap-
propriation under the mining laws. Such
temporary segregation may only be made
for a period of not to exceed five years.
Upon a decision not to proceed with the ex-
change or upon deletion of any particular
parcel from the exchange offer, the Federal
lands involved or deleted shall be promptly
restored to their former status under the
mining laws. Any segregation pursuant to
this paragraph shall be subject to valid ex-
isting rights as of the date of such segrega-
tion.
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