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H.R. 6689 (95th): Foreign Relations Authorization Act, Fiscal year 1978


The text of the bill below is as of Aug 17, 1977 (Passed Congress).


91 STAT. 844                             PUBLIC LAW 95-105—AUG. 17, 1977

                    Public Law 95-105
                    95th Congress                                                                             iill^
                                                              An Act
 Aug. 17, 1977      To authorize fiscal year 1978 appropriations for the Department of State, the
  [H.R. 6689]         United States Information Agency, and the Board for International Broadcast-
                      ing, and fcT other purposes.   .•jyixpaq m*::;i> rv.i, - - , / « ; H-J.. j ; . - : i: u . j •,i^

                     Be it enacted hy the Senate and House of Representatives of the
Foreign Relations   United States of America in Congress asseinbled^
Authorization
Act, Fiscal Year                                            SHORT      TITLE
1978.
                     SECTION 1. This Act may be cited as the "Foreign Relations
                    Authorization Act, Fiscal Year 1978".                  , ,

                                        T I T L E I—STATE DEPARTMENT
                                           AUTHORIZATION          OF    APPROPRIATIONS

                       SEC. 101. (a) There are authorized to be appropriated for the Depart-
         .••A\<
                    ment of State for fiscal year 1978, to carry out the authorities, func-
                    tions, duties, and responsibilities in the conduct of the foreign affairs
                    of the United States, including trade negotiations, and other purposes
                    authorized by law, the following amounts:
                            (1) For the "Administration of Foreign Affairs", $762,005,000.
                            (2) For "International Organizations and Conferences",
                         $389,412,000.
                            (3) For "International Commissions", $21,839,000.
                            (4) For "Education Exchange", $94,600,000.
                            (5) For "Migration and Refugee Assistance", $63,554,000.
                            (6) For increases in salary, pay, retirement, and other
                         employee benefits authorized by law, and for other nondiscre-
                         tionary costs, such amounts as may be necessary.
                       (b) Amounts appropriated under this section are authorized to
                    remain available until expended.

                                                     TRANSFER AUTHORITY

                       SEC. 102. Funds authorized to be appropriated for fiscal year 1978
                    by any paragraph of section 101 (a) (other than paragraph (6)) may
                    be appropriated for such fiscal year for a purpose for which appropria-
                    tions are authorized by any other paragraph of such section (other
                    than paragraph (6)), except that the total amount appropriated for a
                    purpose described in any paragraph of section 101(a) (other than
                    paragraph (6)) may not exceed the amount specifically authorized
                    for such purpose by section 101(a) by more than 10 per centum.

                               CONTRIBUTION TO T H E WORLD H E A L T H                ORGANIZATION

                       SEC. 103. Notwithstanding the limitation contained in the proviso
                    in the paragraph under the subheading "Contributions to Interna-
                    tional Organizations" in title I of the Act of October 25,1972 (86 Stat.
                    1110), $7,281,583 of the amount authorized to be appropriated by
                    section 101(a) (2) of this Act may be used to pay the unpaid portion

PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 845 of the United States assessed contributions to the World Health Organization for the calendar years 1974 through 1977. •' - ASSISTANCE FOR REFUGEES SETTLING I N ISRAEL SEC. 104. Of the amount authorized to be appropriated by section 101(a) (5) of this Act, $20,000,000 shall be available only for assistance for the resettlement in Israel of refugees from the Union of Soviet Y'"J ': Socialist Kepublics and from Communist countries in Eastern Europe. CONTRIBUTION TO T H E INTERNATIONAL COMMITTEE OF T H E RED CROSS SEC. 105. (a) The Act entitled "An Act to authorize a contribution Repeal, by the United States to the International Committee of the Ked Cross", approved October 1, 1965 (Public Law 89-230; 79 Stat. 901) is repealed. "** V.^t „' (b) Not to exceed $1,000,000 shall be contributed annually by the United States to the International Committee of the Ked Cross. Such sums as are necessary for this contribution shall be requested annually by the President and made available through the annual authorization and appropriation process. FOREIGN SERVICE BUILDINGS SEC. 106. (a) (1) Subsection (a) of the first section of the Foreign Service Buildings Act, 1926, is amended by striking out "pursuant ^2 USC 292. to" in the first sentence and inserting in lieu thereof "to carry out". (2) Subsection (b) of such section is amended by striking out "under authority of" and inserting in lieu thereof "to carry out". (b) Section 6 of such Act is amended by striking out "of not less 22 USC 297. than ten years". STRENGTHENING EDUCATIONAL EXCHANGE PROGRAMS »"^\"'* SEC. 107. (a) The Congress finds that— (1) for over thirty years the United States program for the .if international exchange of teachers and scholars, begun by the Act .MICSS :)8U sf :,^ of August 1, 1946 (60 Stat. 754; known as the "Fulbright Act of 1946"), Ras contributed significantly to the free flow of knowledge and to greater understanding between the United States and other IHISS iJr » ££ ; nations; tJ (2) it is in the interest of the United States that this program be strengthened; and ;.\ (3) a still stronger educational exchange program can be i^,,. attained by— (A) diversifying exchange opportunities so as to assist . > persons from professional and public life to spend time in an i It£ > 'ru s& academic setting and to assist teachers and scholars to spend time in professional and other pursuits in the public arena; ; J. (B) providing sharper focus to exchange activities by * s- ; . , bringing selected grant recipients together for joint work on themes and problems identified as having current significance ' in international affairs; and i,,} , ,,.- ^; (C) lengthening the period of some scholarships to allow \ work by grant recipients to be phased over more than one . ,. location. ^-
91 STAT. 846 PUBLIC LAW 95-105—AUG. 17, 1977 Report to (b) Not later than January 1, 1978, the Secretary of State shall Speaker of the transmit to the Speaker of the House of Representatives and the chair- House of man of the Committee on Foreign Relations of the Senate a report on Representatives and congressional measures the Department of State has taken to strengthen educational committee. exchange activities in accordance with subsection (a) of this section. AMERICANS INCARCERATED ABROAD 22 use SEC. 108. It is the sense of the Congress that the Secretary of State 2151n-l. should make every effort to seek the early release of American citizens unjustifiably held in foreign jails, and that he should direct the appro- priate consular officers to redouble their efforts for the protection and Annual report to welfare of imprisoned American citizens abroad. Beginning February Speaker of the 15,1978, the Secretary of State shall transmit annually to tne Speaker House and of the House of Representatives and the chairman of the Committee on congressional Foreign Relations of the Senate a report on the number of American committee. citizens in foreign jails, the charges against them, and what measures have been taken to assist these individuals, including his assessment of the performance of embassy and consular personnel in providing such assistance in each foreign country where American citizens are incarcerated. ASSISTANT SECRETARIES OF STATE Assistant SEC. 109. ( a ) ( 1 ) ( A ) Paragraph (1) of section 624(f) of the Secretary of StateForeign Assistance Act of 1961 is amended to read as follows: for Human "(f) (1) There shall be in the Department of State an Assistant Rights and Secretary of State for Human Rights and Humanitarian Affairs who Humanitarian Affairs. shall be responsible to the Secretary of State for matters pertaining to 22 u s e 2384. human rights and humanitarian affairs (including matters relating to refugees, prisoners of war, and members of the United States Armed Forces missing in action) in the conduct of foreign policy. The Secre- tary of State shall carry out his responsibility under section 502B of Infra. this Act through the Assistant Secretary.". (B) Paragraph (2) of such section 624(f) is amended by striking out "Coordinator" and inserting in lieu thereof "Assistant Secretary of State". 22 use 2151n. (2) Section 116 (c) of such Act is amended by striking out "Coordi- nator" in the text preceding paragraph (1) and inserting in lieu thereof "Assistant Secretary". 22 use 2304. (3) Section 502B of such Act is amended— (A) in subsection (b) by striking out "Coordinator" in the first sentence and inserting in lieu thereof "Assistant Secretary of State"; and (B) in subsection (c) (1) by striking out "Coordinator" in the text preceding subparagraph (A) and inserting in lieu thereof "Assistant Secretary of State". 22 use 2314. (4) Section 505(g) (4) (A) of such Act is amended by striking out "Coordinator" in the text preceding clause (i) and inserting in lieu thereof "Assistant Secretary of State". 22 use 2755. (5) Section 5(d)(1) of the Arms Export Control Act is amended by striking out "Coordinator" in the text preceding subparagraph (A) and inserting in lieu thereof "Assistant Secretary of State". eoordinator for (6) The individual holding the position of Coordinator for Human Human Rights Rights and Humanitarian Aft'airs on the date of enactment of this and Humanitarian section shall assume the duties of the Assistant Secretary of State for Affairs, Human Rights and Humanitarian Affairs and shall not be required assumption of duties. to be reappointed by reason of the enactment of this section. 22 u s e 2384 note.
PUBLIC LAW 9 5 - 1 0 5 — A U G . 17, 1977 91 STAT. 847 (7) Not later t h a n J a n u a r y 31, 1978, the Secretary of State shall Report to transmit to the Speaker of the House of Representatives and the chair- Speaker of the men of the Senate Committee on Foreign Relations and the Senate House and congressional Committee on the J u d i c i a r y a comprehensive report on the Office of committee. the Assistant Secretary for H u m a n Rights and H u m a n i t a r i a n Affairs, 22 use 2384 including its current mandate and operations, the mandate and opera- note. tions of its predecessor offices, and proposals for the reorganization of the Department of State t h a t would strengthen human rights and humanitarian considerations in the conduct of United States foreign policy pnd promote the ability of the United States to participate effec- tively in international humanitarian efforts. ( b U l ) Section 104 of the Immigration and Nationality Act (8 U.S.C. 1104) is amended— ( A ) in subsection ( a ) ( 2 ) , by striking out "Security a n d " ; ( B ) in subsection ( b ) — Assistant (i) in t h e first sentence by striking out "Security a n d " and Secretary of State all t h a t follows through "Assistant Secretary of S t a t e " and for Consular Affairs. inserting in lieu thereof "Consular Affairs, to be headed by an Assistant Secretary of State for Consular Affairs"; (ii) by striking out the second sentence; and (iii) in the t h i r d sentence, by striking out "administrator" and inserting in lieu thereof "Assistant Secretary of State for Consular Affairs"; ( C ) in subsection ( d ) , by striking out "Security a n d " ; and ( D ) by repealing subsection ( f ) . Repeal. (2) Section 105 of such Act is amended by striking out "adminis- 8 u s e 1105. t r a t o r " both places it appears and inserting in lieu thereof "Assistant Secretary of State for Consular Affairs". (3) Section 1 0 1 ( a ) ( 1 ) of such Act is amended by striking out 8 u s e 1101. "administrator of the Bureau of Security and Consular Affairs of the Department of S t a t e " and inserting in lieu thereof "Assistant Secretary of State for Consular Affairs". (4) T h e individual holding the position of administrator of the 8 u s e 1104 note. Bureau of Security and Consular Affairs on the date of enactment of this section shall assume the duties of the Assistant Secretary of State for Consular Affairs and shall not be required to be reappointed by reason of the enactment of this section. (5) A n y reference in any law to the Bureau of Security and Consular Affairs or to the administrator of such Bureau shall be deemed to be a reference to the Bureau of Consular Affairs or to the Assistant Secretary of State for Consular Affairs, respectively. (c) T h e first section of the Act entitled " A n Act to strengthen and improve the organization and administration of the Department of State, and for other purposes", approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out "eleven" and inserting in lieu thereof "thirteen". (d) Section 5315 of title 5, United States Code, is amended— (1) by repealing p a r a g r a p h ( 1 ) ; and (2) by striking out " ( 1 1 ) " in p a r a g r a p h (22) and inserting in lieu thereof " ( 1 3 ) " . SATXT LAWRENCE SEAWAY TOLL NEGOTIATIONS SEC. 110. (a) There is established an advisory board (hereafter in Advisory board, this section referred to as the " B o a r d " ) to advise the Secretary of State establishment, with respect to the negotiations with Canada concerning toll increases on the Saint Lawrence Seaway and the Welland Canal. 9Q-1Qa n _ an
91 STAT. 84S PUBLIC LAW 95-105—AUG. 17, 1977 Membership. (b) The Board shall consist of 15 members appointed by the Presi- dent from among representatives of groups in the Great Lakes area which would be affected most directly by increased tolls, including port directors, port authorities, maritime labor, shipping companies, shippers, and consumers. Compensation. (c) (1) Members of the Board shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for grade GS-15 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Board. (2) While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed inteiTnittently in the Gov- ernment service are allowed expenses under section 5703 of title 5, United States Code. Termination. (d) The Board shall cease to exist on the date designated by the Secretary of State as the date on which the negotiations described in subsection (a) are completed or on September 30,1978, whichever date occurs first. LIABILITY o r CONSULAR OFFICERS Repeals. SEC. 111. (a) (1) Sections 1735 and 1736 of the Revised Statutes of the United States (22 U.S.C. 1199) are repealed. (2) The section analysis of chapter two of title X V I I I of the Revised Statutes of the United States is amended by striking out the items relating to sections 1735 and 1736. 22 u s e 1199 (b) The repeals made by subsection (a) shall not affect suits com- note. menced before the date of enactment of this Act. CERTAIN NONIMMIGRANT VISAS Applications, SEC. 112. The Act entitled "An Act to provide certain basic author- recommendation ity for the Department of State", approved August 1,1956, is amended of approval. by adding at the end thereof the following new section. 22 use 2691. "SEC. 21. For purposes of achieving greater United States compli- ance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe (signed at Helsinki on August 1,1975) and for purposes of encouraging other signatory coun- tries to comply with those provisions, the Secretary of State should, within 30 days of receiving an application for a nonimmigrant visa by any alien who is excludible from the United States by reason of membership in or affiliation with a proscribed organization but who is otherwise admissible to the United States, recommend that the Attorney General grant the approval necessary for the issuance of a Certification to visa to such alien, unless the Secretary determines that the admission Speaker of the of such alien would be contrary to the security interests of the United House and Senate States and so certifies to the Speaker of the House of Representatives committee. and the chairman of the Committee on Foreign Relations of the Senate.". P U B L I C PARTICIPATION I N STATE DEPARTMENT PROCEEDINGS SEC. 113. (a) The Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956, as amended by section 112 of this Act, is further amended by adding at the end thereof the following new section:
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 849 "SEC. 22. (a) The Secretary of State may compensate, pursuant Compensation. to- regulations which he shall prescribe, for the cost of participating 22 use 2692. in any proceeding or on any advisory committee or delegation of the Department of State, any organization or person— "(1) who is representing an interest which would not other- wise be adequately represented and whose participation is neces- sary for a fair determination of the issues taken as a whole; and "(2) who would otherwise be unable to participate in such proceeding or on such committee or delegation because such organization or person cannot afford to pay the costs of such participation. "(b) Of the funds appropriated for salaries and expenses for the Funds, Department of State, not to exceed $250,000 shall be available in any availability. fiscal year for compensation under this section to such organizations and persons.". (b) Subsection (a) shall become effective on October 1,1977. Effective date. 22 use 2692 note. T I T L E II—UNITED STATES INFORMATION AGENCY AUTHORIZATION OF APPROPRIATIONS SEC. 201. (a) There are authorized to be appropriated for the United States Information Agency for fiscal year 1978, to carry out international informational activities and programs under the United States Information and Educational Exchange Act of 1948, the Mutual 22 use 1431 Educational and Cultural Exchange Act of 1961, and Reorganization note. Plan Numbered 8 of 1953, and other purposes authorized by law, 22 use 2451 note. the following amounts: 22 use 1461 (1) For "Salaries and expenses" and "Salary and expenses note. (special foreign currency program)", $269,286,000. (2) For "Special international exhibitions", $4,360,000. (3) For "Acquisition and construction of radio facilities", $19,872,000. (4) For increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs, such additional amounts as may be necessary. (b) Amounts appropriated under this section are authorized to remain available until expended. TRANSFER AUTHORITY SEC. 202. Funds authorized to be appropriated for fiscal year 1978 by any paragraph of section 201(a) (other than paragraph (4)) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such sec- tion (other than paragraph (4)), except that the total amount appro- priated for a purpose described in any paragraph of section 201(a) (other than paragraph (4)) may not exceed the amount specifically authorized for such purpose by section 201(a) by more than 10 per centum. REPLACEMENT OF FACILITIES I N SOWETO, REPUBLIC OF SOUTH AFRICA SEC. 203. The Director of the United States Information Agency Plan, submittal shall prepare and submit to the Secretary of State plans for the *" Secretary.
91 STAT. 850 PUBLIC LAW 95-105—AUG. 17, 1977 22 use 299. replacement under the Foreign Service Buildings Act, 1926, of the Agency's facilities in Soweto, Republic of South Africa. DISTRIBUTION W I T H I N T H E U N I T E D STATES OF CERTAIN F I L M S PREPARED BY T H E UNITED STATES INFORMATION AGENCY National SEC. 204. Notwithstanding the second sentence of section 501 of the Archives, United States Information and Educational Exchange Act of 1948 (22 depository for master copies. U.S.C. 1461), the Director of the United States Information Agency may make available to the Administrator of General Services, for deposit in the National Archives of the United States, a master copy of— (1) the film entitled "Hirshhorn Museum and Sculpture Garden"; (2) thefilmentitled "Man in the Environment"; and (3) any of the films sponsored by the Agency for its two "Young Filmmakers Bicentennial Film Series"; and the Administrator shall make copies of such films available for public viewing within the United States. USE BY T H E J O H N FITZGERALD K E N N E D Y LIBRARY OF CERTAIN F I L M S PREPARED BY T H E UNITED STATES INFORMATION AGENCY SEC 205. Notwithstanding the second sentence of section 501 of the United State Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the United States Information Agency shall, upon receipt of reimbursement for any expenses involved, make available to the Administrator of General Services ;for deposit or use at the John Fitzgerald Kennedy Library in Boston, Massachusetts, copies of the following films and trims and outs: Films. "President Kennedy Address Canadian Parliament". "United in Progress". "America Welcomes Prime Minister Baldewa (Nigeria)". "U.S. Welcomes Crown Prince Hassan (Libya)". "America Welcomes Ayub Klian". "America Welcomes President Aboud (Sudan)". "Firm Alliance (Iran)". "American Journey (Ivory Coast)". - "A Welcome Visitor (Nehru)". "Hailie Selassie (Eeturn Visit)". "His Majesty, King Hassan (Morocco) Visits U.S.". "Salute to an African Leader (Bourguiba-Tunisia)". "Inauguration of John F . Kennedy". "The Task Begun". "Progress through Freedom". "Forging the Alliance". "Prime Minister of Somali Republic Visits U.S.". "President Olympio of Togo Visits U.S." . "Five Cities in June". "From Uganda to America". ' "President Ahidjo Visits U.S.". ' . "Mrs. Kennedy's Asian Journey". '- ' " - • "Invitation to India". "Invitation to Pakistan".
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 851 TITLE III—BOAED FOE INTEENATIONAL BEOADCASTING AUTHORIZATION OF APPROPRIATIONS SEC. 301. Section 8(a) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877 (a)) is amended— (1) in the text preceding paragraph (1) by striking out'*1977" and inserting in lieu therof "1978"; and (2) in paragraph (1) by striking out "$58,385,000" and inserting in lieu thereof "$68,980,000". TECHNICAL AMENDMENTS SEC. 302. (a) Section 2 of the Board for International Broadcasting Acfrof 1973 (22 U.S.C. 2871) is amended— (1) in paragraph (3) by striking out "(hereafter referred to as Radio Free Europe and Eadio Liberty)," and inserting in lieu thereof " (commonly referred to as Eadio Free Europe and Eadio Liberty), which have now been consolidated into E F E / E L , Incorporated,"; (2) in paragraph (4) by striking out "Eadio Free Europe and Eadio Liberty as" and inserting in lieu thereof " E F E / E L , Incorporated, as an"; and (3) in paragraph (5) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L , Incorporated"; (b) Section 3(b) of such Act (22 U.S.C. 2872(b)) is amended— (1) in paragraph (1) by striking out "Eadio Free Europe and Eadio Liberty" in the fourth sentence and inserting in lieu thereof " E F E / E L , Incorporated,"; and (2) in paragraph (4) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L , Incor- porated". (c) Section 4 of such Act (22 U.S.C. 2873) is amended— (1) in subsection (a) (1) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L , Incorporated,"; (2) in subsection (a) (2)— (A) by striking out "Eadio Free Europe and Eadio Lib- erty" and inserting in lieu thereof " E F E / E L , Incorporated,"; and (B) by striking out "their" and inserting in lieu thereof "its"; (3) in subsection (a) (3), by striking out "Eadio Free Europe and Eadio Liberty" each of the three places it appears and insert- ing in lieu thereof " E F E / E L , Incorporated,"; (4) in subsection (a) (4) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L , Incorporated,"; (5) in subsection (a) (8) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L , Incorporated,"; and (6) in subsection (b) by striking out "Eadio Free Europe and Eadio Liberty" and inserting in lieu thereof " E F E / E L , ; Incorporated".
91 STAT. 852 PUBLIC LAW 95-105—AUG. 17, 1977 (d) Section 5 of such Act (22 U.S.C. 2874) is amended— (1) in subsection (a) by striking out "Radio Free Europe and Radio Liberty" and inserting in lieu thereof " R F E / R L , Incor- porated," ; (2) in subsection (b) by striking out "Radio Free Europe and i Radio Liberty" and inserting in lieu thereof " R F E / R L , Incor- porated," ; and (3) in subsection (c) — (A) by striking out "the radio to which the grant is to be VMin made" and inserting in lieu thereof " R E F / R L , Incorpo- rated,"; and (B) by striking out "that radio" and inserting in lieu thereof " R F E / R L , Incorporated,". T I T L E IV—FOREIGN SERVICE AND OTHER PERSONNEL •," f SERVICE AS C H I E F o r MISSION . SEC. 401. Section 431(c) of the Foreign Service Act of 1946 (22 U.S.C. 881(c)) is amended by inserting "or Reserve officer" immedi- ately after "officer" both places it appears. ; ' ^ ' ' COMPENSATION OF ALIEN EMPLOYEES ' ; SEC. 402. (a) Subsection (b) of section 444 of the Foreign Service Act of 1946 (22 U.S.C. 889(b)) is amended by inserting "and any other establishments of the Government, including those in the legisla- tive and judicial branches," immediately after "Government agencies". Imprisonment (b) (1) Such section 444 (22 U.S.C. 889) is further amended by add- resulting from ing the following new subsection at the end thereof: employment by "(c)(1) The head of any agency of the United States, including United States, continued any agency of the legislative or judicial branch of the United States, compensation. may compensate any current or former alien employee, including an alien employee who worked under a personal services contract, who is or has been imprisoned by a foreign government if the Secretary of State (or, in the case of an alien employee of the Central Intelligence Agency, the Director of Central Intelligence) determines that such imprisonment is the result of the alien's employment by the United States. Such compensation may not exceed an amount that such agency head determines approximates the salary and other benefits to which such employee or former employee would have been entitled had he or she remained employed during the period of such imprisonment, and may be paid under such terms and conditions as the Secretary of State deems appropriate. For purposes of making payments authorized by this subsection, the head of any such agency shall have the same powers with respect to imprisoned alien employees and such former employees as any head of an agency under the provisions of subchapter 5 use 5561. VTI of chapter 55 of title 5, United States Code, to the extent that such powers are consistent with this paragraph. Any period of imprison- ment of an alien which is compensable under this subsection snail be considered for purposes of any other employee benefit to be a period of employment by the United States Government, except that a period of imprisonment shall not be creditable— "(A) for purposes of subchapter I I I of chapter 83 of title 5, 5 use 8331. United States Code, unless the individual either—
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 853 }il •<;; " ( i ) was subject to section 8334(a) of such title d u r i n g the period of his or her Government employment last preceding the imprisonment; or " ( i i ) qualifies for annuity benefits under such subchapter I I I by reason of other service; or 5 use 8331. " ( B ) for purposes of subchapter I of chapter 8 of title 5, United States Code, unless the individual was employed by the United States Government at the time of his or her imprisonment. " ( 2 ) No compensation or other benefit shall be awarded under Compensation p a r a g r a p h (1) unless a claim therefor is filed within three years claims, filing. after— " ( A ) the date of the enactment of this subsection; " ( B ) the termination of the period of imprisonment giving rise to the claim; or " ( C ) the date of the claimant's first opportunity to file such a claim, as determined by the appropriate agency head; whichever is later. " ( 3 ) The Secretary of State may prescribe regulations governing Regulations, payments under this subsection for the guidance of all agencies.". (2) The amendment made by p a r a g r a p h (1) of this subsection Effective date. shall apply with respect to all past, present, and future qualified 22 USC 889 note. employees, but no monthly compensation or annuity payment under title 5, United States Code, t h a t may be approved by reason of such 5 USC 101 etseq. amendment shall be effective prior to the first day of the first month which begins on or after the date of enactment of this Act or October 1, 1977, whichever is later. P a y m e n t s t h a t may be authorized under such amendment, other than annuity or monthly compensation payments referred to in the preceding sentence, shall be paid from funds appropriated after such date of enactment for salaries and expenses. AMBASSADORS FOR SPECIAL MISSIONS SEC. 403. Section 501(c) of the Foreign Service Act of 1946 (22 Presidential U.S.C. 901 ( c ) ) is amended by inserting immediately before the period report to at the end thereof the following: "if the President, before conferring congressional such rank, reports in w r i t i n g to the Committee on Foreign Relations committee. of the Senate his intent to confer such r a n k and transmits therewith all materials relating to any potential conflicts of interest relevant to such person". CITIZENSHIP REQUIREMENT SEC. 404. Section 515 of the Foreign Service Act of 1946 (22 U.S.C. 910) is amended by striking out "and has been such for at least ten years". CAREER CANDIDATE PROGRAM SEC. 405. Section 516 of the Foreign Service Act of 1946 (22 U.S.C. 911) is amended by— (1) amending the section heading to read "Admission to Class 6,7, or 8 " ; (2) striking out "shall" and inserting in lieu thereof " m a y " in the last sentence of subsection (a) ; and (3) a d d i n g the following subsection at the end thereof: Foreign Service " ( c ) Foreign Service ofiicer candidates who have passed examina- Reserve officers, tions described in subsection (a) may be appointed by the Secretary, trial period. under such regulations as he m a y prescribe, for a trial period of serv- ice as Foreign Service Reserve officers of class 7 or 8. Such appoint-
91 STAT. 854 PUBLIC LAW 95-105—AUG. 17, 1977 ments shall be limited to a maximum of 48 months, but may be extended for up to 12 additional months if the Secretary deems such extension to be in the public interest. Such Reserve officers may receive promotions up to class 6 for satisfactory performance during such trial Report to period. The Secretary shall furnish the President with the names President. of such Reserve officers who have demonstrated fitness and aptitude for the work of the Service and whom he recommends for appointment as Foreign Service officers in the class corresponding to their Reserve officer class. The Secretary may terminate the services of such Reserve 22 use 1008. officers at any time under section 638.". REASSIGNMENT OF CHIEFS OF MISSION SEC. 406. Section 519 of the Foreign Service Act of 1946 (22 U.S.C. 914) is amended by— (1) inserting ", or a Foreign Service Reserve officer who is a participant in the Foreign Service Retirement and Disability System," immediately after "officer"; and (2) striking out "in accordance with the provisions of section 514" and inserting in lieu thereof "to another position in accord- ance with this or any other Act". CITIZENSHIP REQUIREMENT SEC. 407. Section 522 of the Foreign Service Act of 1946 (22 U.S.C. 922) is amended by striking out "and who has been such for at least five years" in the text preceding paragraph (1). PRESIDENTIAL APPOINTMENTS SEC. 408. Section 571(b) of the Foreign Service Act of 1946 (22 U.S.C. 961 (b)) is amended by— (1) inserting "or Reserve officer" immediately after "officer" the first time the latter appears; and (2) striking out "a Foreign Service" the second time the phrase appears and inserting in lieu thereof "such an". TECHNICAL AMENDMENTS SEC. 409. (a) Section 811(d) of the Foreign Service Act of 1946 (22 U.S.C. 1071(d)) is amended by striking out "July 1, 1921" in the table and inserting in lieu thereof "July 1, 1924"* (b) Section 821(g) of the Foreign Service Act of 1946 (22 U.S.C. 1076(g)) is amended by striking out "married" and inserting in lieu thereof "unmarried" in the first sentence. DEATH GRATUITIES FOR FOREIGN SERVICE ALIEN EMPLOYEES SEC. 410. (a) Paragraph (1) of section 14(d) of the Act entitled "An Act to provide certain basic authority for the Department of State", approved August 1, 1956 (22 U.S.C. 2679a(d)), is amended (1) striking out "national" and inserting in lieu thereof "employee"; (2) striking out "or" immediately after "consular agent,"; and (3) inserting immediately before the semicolon at the end thereof ", or an alien employee appointed under section 541 of the 22 use 946. Foreign Service Act of 1946".
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 855 (b) The amendments made by subsection (a) shall apply with Effective date. respect to deaths occurring on or after August 1, 1974, and any bene- 22 use 2679a fits authorized by those amendments shall be paid from funds appro- note. priated after the date of enactment of this Act for salaries and expenses. SPECIAL A N K U r r Y FOR CERTAIN OFFICERS SELECTED-OUT FROM THE FOREIGN SERVICE SEC. 411. (a) Subject to the conditions established in subsection (b), Requirements. any Foreign Service officer— 22 use 1004 (1) who was retired under section 633(a)(1) of the Foreign note. Service Act of 1946 before the date of enactment of this section; 22 use 1003. (2) who was not in class 1, 2, or 3 at the time of retirement; (3) who was 40 years of age or older at the time of retirement; and (4) who had at least 20 years of service, exclusive of credit for unused sick leave, creditable for purposes of section 821 of such Act at the time of retirement; 22 use 1076. shall be entitled to receive retirement benefits in accordance with the provisions of such section 824 in lieu of any retirement benefits which the officer may be entitled to elect under section 634(b) (2) of such Act. Such i-etirement benefits shall be paid from the Foreign Service 22 use 1004. Retirement and Disability Fund and shall be effective on the date the officer reaches age 50, the date of enactment of this section, or October 1,1977, whichever date is latest. (b) Retirement benefits may not be paid under this section unless (1) any refund of contributions paid to the officer under section 634(b) (2) of the Foreign Service Act of 1946 is repaid to the Foreign Service Retirement and Disability Fund, with interest, in accordance with sections 811 (d) and (f) of such Act; and (2) the service forming 22 use 1071. the basis for such retirement benefits is not used as the basis for any other retirement benefits under any retirement system. (c) In the event that an officer who is entitled to retirement benefits under this section dies before reaching the age of fifty, but after the date of enactment of this section, his or her death shall be considered a death in service within the meaning of section 832 of the Foreign Service Act of 1946, except that no survivor's annuity (other than a 22 use 1082. survivor's annuity which would be payable under the first complete sentence in section 634(b) (2) of such Act but for the enactment of 22 use 1004. this section) shall become effective before October 1,1977. (d) An officer entitled to retirement benefits under this section may make the election described in section 821 (b) or (f), as appropriate, of the Foreign Service Act of 1946 at any time before reaching the age 22 use 1076. of fifty or before the end of the sixty-day period beginning on the date of enactment of this section, whichever is later. COMPENSATION FOR JUNIOR FOREIGN SERVICE OFFICERS SEC. 412. (a) (1) Paragraph (2) of section 5541 of title 5, United Definitions. States Code, is amended— (AJ by striking out "or" at the end of clause (xii); (B) by striking out the period at the end of clause (xiii) and inserting in lieu thereof a semicolon; and (C) by adding at the end thereoi the following clauses:
91 STAT. 856 PUBLIC LAW 95-105-~AUG. 17, 1977 At: ' "(xiv) a 'Foreign Service officer' within the meaning of section 401 of the Foreign Service Act of 1946; or "(xv) a 'Foreign Service information officer' as provided I for by the first section of the Act entit^^d 'An Act to promote the foreign policy of the United States by strengthening and improving the Foreign Service personnel system of the MOiSh. United States Information Agency through establishment of a Foreign Service Information Officer Corps', approved August 20,1968.". Effective date. (2) The amendments made by paragraph (1) shall take effect on 5 u s e 5541 note. October 1,1978. Per annum (b) (1) The President shall increase the amount of each rate of per salary, increase. 22 u s e 867 note. annum salary in classes 5 through 8 of Foreign Service officers in the table contained in section 412 of the Foreign Service Act of 1946 (22 U.S.C.867),by$250. (2) Pay may not be paid, by reason of the increase provided under paragraph (1), at a rate in excess of the rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. Foreign Service (3) Notwithstanding the provisions of section 414 of the Foreign Reserve officers, Service Act of 1946 (22 U.S.C. 869), the rate of per annum salary of pay increase, a Foreign Service Reserve officer shall not be increased by reason of the prohibition. increase made by paragraph (1). Effective date. (4) The increase made by reason of paragraph (1) shall apply with respect to pay periods beginning on or after October 1,1978, and shall be in addition to any increase or adjustment made under subchapter I 5 u s e 5301 et of chapter 53 of title 5, United States Code. seq. EMPLOYMENT OF FOREIGN SERVICE SPOUSES .* 22 u s e 2693. SEC. 413. (a) The Secretary of State shall, when employing persons to fill jobs outside the United States to which career Foreign Service personnel are not customarily assigned, including temporary and local hire jobs, give equal consideration to employing qualified family members of United States Government employees (including family members of Foreign Service personnel) assigned to duties outside the United States. Such employment may not be used to avoid fulfilling the need for fulltime career positions. Career counseling (b) To facilitate the employment by the Department of State, or and assistance. by other employers, of the spouses of Foreign Service personnel, the Secretary may— (1) provide regular career counseling for such spouses; (2) maintain a centralized system for cataloging their skills mi 3&:' ss and the various, governmental and nongovernmental, overseas employment opportunities available to such spouses; and (3) otherwise assist such spouses in obtaining overseas employment. (c) Any member of a family of Foreign Service personnel may accept gainful employment in a foreign country unless such ''•t'S',m' employment— (1) would violate any law of such country or of the United States; or (2) could, as certified in writing by the Chief of the United States Diplomatic Mission in such country, damage the interests of the United States.
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 857 (d) Not later than January 1, 1978, the Secretary of State shall Report, transmit to the Speaker of the House of Kepresentatives and the transmittal to chairman of the committee on Foreign Relations of the Senate a report Speaker of the on actions the Department of State has taken to carry out the House and Senate committee. provisions of this section. LANGUAGE TRAINING FOR FOREIGN SERVICE SPOUSES SEC. 414. (a) I t is the sense of Congress that, in order to increase 22 u s e 1041 the effectiveness of United States diplomatic representation abroad, note. the Secretary of State should make greater use of his authority under section 701 of the Foreign Service Act of 1946 in order to increase 22 use 1041. the language training opportunities available to the family members of Foreign Service personnel. (b) Not later than January 1, 1978, the Secretary of State shall Report, transmit to the Speaker of the House of Representatives and the transmittal to chairman of the Committee on Foreign Relations of the Senate a Speaker of the report discussing— House and Senate committee. (1) actions he has taken in accordance with subsection (a) Contents. of this section; and (2) any budgetary or other obstacles which prevent the Department of State from making available a comprehensive language training program for the families of Foreign Service personnel. T I T L E V—MISCELLANEOUS PROVISIONS STRENGTHENING INTERNATIONAL INFORMATION, EDUCATION, CULTURAL, AND BROADCASTING ACTIVITIES S E C 501. Not later than October 31, 1977, the President shall Presidential transmit to the chairman of the Committee on International Rela- recommenda- tions of the House of Representatives and the chairman of the Com- tions, transmittal to congressional mittee on Foreign Relations of the Senate his recommendations for committees. reorganizing the international information, education, cultural, and broadcasting activities of the United States Government. Such recom- mendations shall take into account the findings and reports of the Panel on International Information, Education, and Cultural Rela- tions ; the Commission on the Organization of the Government for the Conduct of Foreign Policy; the General Accounting Office; and the United States Advisory Commission on Information. BELGRADE CONFERENCE SEC. 502. The Congress finds that the Belgrade Conference to review compliance with the Helsinki Accords provides the United States an important forum to press its case for greater respect for human rights. Furthermore, the Congress is convinced that the emphasis given human rights in general by the United States should be translated into concern for specific individuals. In this regard, the Congress is particularly concerned about the fate of Anatoly Shcharansky and urges the United States representatives to the Belgrade Conference to express the official concern of the United States over the Shcharansky case.
91 STAT. 858 PUBLIC LAW 95-105—AUG. 17, 1977 UNITED NATIONS REFORM n^^ / SEC. 503. (a) The United States should make a major effort toward reforming and restructuring the United Nations system so that it might become more effective in resolving global problems. Toward that end, the United States should present a program for United Nations reform to the Special United Nations Committee on the Charter of the United Nations and on Strengthening of the Role of the i«M Organization. In developing such a program the United States should give appropriate consideration to various possible proposals for reforming the United Nations, including but not limited to proposals which would— General (1) adjust decisionmaking processes in the United Nations by Assembly, providing voting in the General Assembly weighted according proposed voting to population and contributions and by modifying veto powers power on certain categories of questions, such as membership recom- adjustment. Security Council, mendations, in the Security Council; proposed veto (2) foster greater use of the International Court of Justice by power the United States and other members of the United Nations; modification. (3) supplement United Nations finances through contributions from commerce, services, and resources regulated by the United Nations; (4) improve coordination of and expand United Nations activities on behalf of human rights; (5) establish more effective United Nations machinery for the peaceful settlement of disputes, including means for the submis- sion of differences to mediation or arbitration; (6) adjust assessment scale calculations to reflect more accu- rately the actual ability of member nations to contribute to the United Nations and its specialized agencies; and (7) provide greater coordination of United Nations technical assistance activities by the United Nations Development Program. Presidential (b) Accordingly, the President shall submit a report to the Speaker report, submittal of the House of Representatives and the chairman of the Committee to Speaker of the on Foreign Relations of the Senate, as soon as possible, but no later House and Senate than January 31, 1978, on his recommendations for reform of the committee. United Nations. INFORMATION OFFICES I N T H E UNITED STATES SEC. 504. I t is the sense of the Congress that any foreign country should be allowed to maintain an information office in the United States if maintenance of such office is consistent with United States law. REPARATIONS FOR VIETNAM Payment SEC. 505. (a) None of the funds authorized to be appropriated in this prohibition. Act shall be used for the purpose of reparations, aid, or any other form 22 u s e 2151 of payment to the Socialist Republic of Vietnam. note. MIA, (b) The President shall continue to take all possible steps to obtain accounting. a final accounting of all Americans missing in action in Vietnam.
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 859 PANAMA CANAL SEC. 506. Any new Panama Canal treaty or agreement negotiated with funds appropriated under this Act must protect the vital interests of the United States in the Canal Zone and in the operation, mainte- nance, property, and defense of the Panama Canal. UNITED NATIONS CONFERENCE ON SCIENCE AND TECJINOLOGT FOR DEVELOPMENT S E C 507. (a) The President shall take appropriate steps to ensure that, at all stages of the United Nations Conference on Science and Technology for Development, representatives of the United States place important emphasis, in both official statements and informal dis- cussions, on the development and use of light capital technologies in agriculture, in industry, and in the production and conservation of energy. (b) As used in this section, the term "light capital technologies" "Light capital means those means of production which economize on capital wherever technologies." capital is scarce and expensive and labor abundant and cheap, the purposes being to insure that the increasingly scarce capital in the world can be stretched to help all, rather than a small minority, of the world's poor; that workers will not be displaced by sophisticated labor- saving devices where there is already much unemployment; and further, that poor nations can be encouraged eventually to produce their own capital from surplus labor time, thus enhancing their chances of developing independently of outside help. INTER-AMERICAN FOUNDATION S E C 508. Section 401 (s) of the Foreign Assistance Act of 1969 (22 U.S.C. 290f (s)) is amended— (1) by inserting " ( 1 ) " immediately after " ( s ) " ; and (2) by adding at the end thereof the following new paragraph: " (2) There is authorized to be appropriated not to exceed $25,000,000 Appropriation for each of the fiscal years 1979 and 1980 to carry out the purposes of authorization. this section. Amounts appropriated under this paragraph are author- ized to remain available until expended.". FOREIGN EMPLOYMENT S E C 509. (a) Subject to the condition described in subsection (b), the Congressional consent of Congress is granted to— consent. (1) any retired member of the uniformed services, 37 u s e 801 note. (2) any member of a Reserve component of the Armed Forces, and (3) any member of the commissioned Reserve Corps of the Public Health Service, to accept any civil employment (and compensation therefor) with respect to which the consent of Congress is required by the last para- graph of section 9 of article I of the Constitution of the United States, USC prec. title 1 relating to acceptance of emoluments, offices, or titles from a foreign government.
91 STAT. 860 PUBLIC LAW 95-105—AUG. 17, 1977 (b) No individual described in subsection (a) may accept any employment or compensation described in such subsection unless the Secretary concerned and the Secretary of State approve such employment. ,, Definitions. (c) For purposes of this Section, the term—• (1) "uniformed services" means the Armed Forces, the com- missioned Regular and Reserve Corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration; (2) "Armed Forces" means the Army, Navy, Air Force, Marine \ Corps, and Coast Guard; and (3) "Secretary concerned" means— (A) the Secretary of the Army, with respect to retired members of the Army and members of the Army Reserve; (B) the Secretary of the Navy, with respect to retired members of the Navy and the Marine Corps, members of the - . . ,^ Navy and Marine Corps Reserves, and retired members of .^ > "^ the Coast Guard and members of the Coast Guard Reserve when the Coast Guard is operating as a service in the Navy; (C) the Secretary of the Air Force, with respect to retired ^ members of the Air Force and members of the Air Force Reserve; ; (D) the Secretary of Transportation, with respect to retired members of the Coast Guard and members of the Coast Guard Reserve when the Coast Guard is not operating as a service in the Navy; (E) the Secretary of Commerce, with respect to retired members of the commissioned corps of the National Oceanic and Atmospheric Administration; and V. } c (F) the Secretary of Health, Education, and Welfare, with respect to retired members of the commissioned Regular Corps of the Public Health Service and members of the commissioned Reserve Corps of the Public Health Service, Repeal. (d) (1) Section 1032 of title 10, United States Code, is repealed. (2) The section analysis for chapter 53 of such title is amended by striking out the item relating to section 1032. 10 use 280. (3) Section 280 of such title is amended by striking out "1032,". INTERNATIONAL FOOD RESERVE 22 use 2220 SEC. 510. (a) The Congress finds and declares that— note. (1) half a billion people suffer from malnutrition or . -. undernutrition; (2) very modest shortfalls in crop production can result in widespread human suffering; (3) increasing variability in world food production and trade remains an ever-present threat to producers and consumers; (4) the World Food Conference recognized the urgent need for an international undertaking on world food security based largely .i -^ui & . MW 'i^O upon strategic food reserves; (5) the nations of the world have agreed to begin discussions on a system of grain reserves to regulate food availability; (6) the Congress through legislation has repeatedly urged the President to enter negotiations with other nations to establish such a network of grain reserves;
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 861 (7) little progress has resulted from the initial multilateral dis- cussions toward the negotiation of an international grain reserve system; (8) this lack of progress is caused, in part, by lack of leadership in such discussions; and (9) the United States is in a unique position as the world's most important producer of foodstuffs to provide such leadership. (b) It is therefore the sense of the Congress that the President should initiate a major diplomatic initiative toward the creation of an international system of nationally held grain reserves which provides for supply assurance to consumers and income security to producers. NEGOTIATIONS W I T H CUBA SEC. 511. (a) It is the sense of the Congress that any negotiations 22 use 2151 toward the normalization of relations with Cuba be conducted in a note. deliberate manner and on a reciprocal basis, and that the vital concerns of the United States with respect to the basic rights and interests of United States citizens whose persons or property are the subject of such negotiations be protected. (b) Furthermore, it is the sense of Congress that the Cuban policies and actions regarding the use of its military and paramilitary per- sonnel beyond its borders and its disrespect for the human rights of individuals are among the elements which must be taken into account in any such negotiations. UNITED STATES POLICY TOWARD KOREA SEC. 512. (a) The Congress declares that— 22 u s e 2428a. (1) United States policy toward Korea should continue to be arrived at by joint decision of the President and the Congress; (2) in any implementation of the President's policy of gradual V . and phased reduction of United States ground forces from the Republic of Korea, the United States should seek to accomplish such reduction in stages consistent with United States interests in Asia, notably Japan, and with the security interests of the Republic of Korea; (3) any implementation of this policy should be carried out :. with a careful regard to the interest of the United States in con- tinuing its close relationship with the people and government of Japan, in fostering democratic practices in the Republic of Korea, and in maintaining stable relations among the countries of East Asia; and (4) these interests can be served most effectively by a policy which involves consultations by the United States Government, as appropriate, with the governments of the region, particularly those directly involved. (b) (1) Any implementation of the foregoing policy shall be car- Presidential ried out in regular consultation with the Congress. consultation with (2) Not later than February 15, 1978, and not later than February eongress. 15 of each year thereafter until any such withdrawal is completed, Presidential the President shall transmit a report in writing to the Speaker of the report, transmittal to House of Representatives and the Committees on Foreign Relations, Speaker of the Armed Services, and Intelligence of the Senate assessing the imple- House and Senate mentation of the foregoing policy. committees.
91 STAT. 862 PUBLIC LAW 95-105—AUG. 17, 1977 U N I T E D NATIONS SPECIAL SESSION ON DISARMAMENT Report, SEC. 513. Noting the decision of the United Nations General transmittal to Assembly to convene a special session on disarmament in the spring congressional of 1978 and recognizing the important role that comprehensive dis- committees. armament could play in securing world peace and economic develop- ment, the Congress requests that, at an appropriate date, the Secretary of State report to the appropriate committees of the Congress on the procedures which the executive branch is following in preparing for the special session on disarmament and on United States objectives for that special session. INTERNATIONAL BOUNDARY AND WATER COMMISSION Appropriation SEC. 514. (a) Section 2(2) of the Act entitled "An Act to authorize authorizations. conclusion of an agreement with Mexico for joint measures for solution of the Lower Rio Grande salinity problem", approved September 19, 1966 (22 U.S.C. 277d-31), is amended by inserting immediately after "$25,000" the following: "based on estimated calendar year 1976 costs, plus or minus such amounts as may be justified by reason of ordinary fluctuations in operation and maintenance costs involved therein,". (b) Section 3 of the Act entitled "An Act to authorize the conclusion of agreements with Mexico for joint construction, operation, and main- tenance of emergency flood control works on the lower Colorado River, in accordance with the provisions of article 13 of the 1944 Water Treaty with Mexico, and for other purposes", approved August 10, 1964 (22 U.S.C. 277d-28), is amended by inserting immediately after "$30,000" the following: "based on December 1975 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in oper- ation and maintenance costs involved therein,". (c) Section 103 of the American-Mexican Treaty Act of 1950 (22 U.S.C. 277d-3) is amended by striking out "$100 per diem" in the sec- ond sentence and inserting in lieu thereof "the maximum daily rate for grade GS-15 of the General Schedule". Effective date. '(d) The amendments made by this section shall take effect on 22 u s e 277d-3 October 1,1977. note. FOREIGN GIFTS AND DECORATIONS SEC. 515. (a) (1) Section 7342 of title 5, United States Code, is amended to read as follows: "§ 7342. Receipt and disposition of foreign gifts and decorations Definitions. "(a) For the purpose of this section— "(1) 'employee'means— "(A) an employee as defined by section 2105 of this title and an officer or employee of the United States Postal Service or of the Postal Rate Commission; " ( B ) an expert or consultant who is under contract under section 3109 of this title with the United States or any agency, department, or establishment thereof, including, in the case of an organization performing services under such section, any individual involved in the performance of such services; "(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia;
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 863 "(D) a member of a uniformed service; " ( E ) the President and the Vice President; " ( F ) a Member of Congress as defined by section 2106 of this title (except the Vice President) and any Delegate to the 5 USC 2106. Congress; and "(G) the spouse of an individual described in subpara- graphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Eevenue Code of 1954) 26 USC 152. of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through ( F ) ; "(2) 'foreign government'means— "(A) any unit of foreign governmental authority, includ- ing any foreign national. State, local, and municipal govern- ment ; * " ( B ) any international or multinational organization whose membership is composed of any unit of foreign govern- ment described in subparagraph ( A ) ; and "(C) any agent or representative of any such unit or such organization, while acting as such; "(3) 'gift' means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government; "(4) 'decoration' means an order, device, medal, badge, insig- nia, emblem, or award tendered by, or received from, a foreign government; "(5) 'minimal value' means a retail value in the United States at the time of acceptance of $100 or less, except that— "(A) on January 1, 1981, and at 3 year intervals there- "Minimal value,' after, 'minimal value' shall be redefined in regulations triennial prescribed by the Administrator of General Services, in redefinition. consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period; and " ( B ) regulations of an employing agency may define 'mini- mal value' for its employees to be less than the value estab- lished under this paragraph; and "(6) 'employing agency'means— "(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those respon- sibilities specified in subsections (c) (2) (A), (e), and (g) (2) (B) shall be carried out by the Clerk of the House; "(B) the Select Committee on Ethics of the Senate, for " Senators and employees of the Senate; "(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and "(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees. "(b) An employee may not— Prohibited "(1) request or otherwise encourage the tender of a gift or conduct, decoration; or "(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d). 29-194 0
91 STAT. 864 PUBLIC LAW 95-105—AIQG. 17, 1977 Gifts, acceptance. "(c)(1) The Congress consents to— "(A) the accepting and retaining by an employee of a gift ; r, of minimal value tendered and received as a souvenir or ; f : f mark of courtesy; and "(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educa- tional scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that— Designation as "(i) a tangible gift of more than minimal value is U.S. property. deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States; and " (ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, lood, and lodging) of more than minimal value if such acceptance is appro- priate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency. Gifts, deposition. " (2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph ( l ) ( B ) ( i i ) ) , an employee shall— " (A) deposit the gift for disposal with his or her employing ; agency; or " ( B ) subject to the approval of the employing agency, deposit the gift with that agency for official use. Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e). Employee "(3) When an employee deposits a gift of more than minimal statement, filing. value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as pro- vided in paragraph ( l ) ( B ) ( i i ) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift. Decorations, "(d) The Congress consents to the accepting, retaining, and wear- acceptance and ing by an employee of a decoration tendered in recognition of active deposition. field service in time of combat operations or awarded for other out- standing or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employin.qr axrencv for official use or forwarding to the Administrator of General Services for disposal in accordance with subsection (e). Gifts and " (e) Gifts and decorations that have been deposited with an employ- decorations, ing agency for disposal shall be (1) returned to the donor, or (2) disposal. forwarded to the Administrator of General Services for transfer,
PUBLIC LAW 95-105—AUG. 17, 1977 91 STAT. 865 donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, 40 u s e 471 note. no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale. "(f) (1). Not later than January 31 of each year, each employing List, transmittal agency or its delegate shall compile a listing of all statements filed to Secretary of during the preceding year by the employees of that agency pursuant State. Publication in to subsection (c) (3) and shall transmit such listing to the Secretary Federal Register. of State who shall publish a comprehensive listing of all such state- ments in the Federal Register. "(2) Such listings shall include for each tangible gift reported— Contents. " (A) the name and position of the employee; "(B) a brief description of the gift and the circumstances justifying acceptance; "(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift; "(D) the date of acceptance of the gift; " (E) the estimated value in the United States of the gift at the time of acceptance; and " ( F ) disposition or current location of the gift. "(3) Such listings shall include for each gift of travel or travel expenses— " (A) the name and position of the employee; "(B) a brief description of the gift and the circumstances justifying acceptance; and "(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift. "(4) In transmitting such listings for the Central Intelligence CIA list, Agency, the Director of Central Intelligence may delete the informa- deletions. tion described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources. "(g) (1) Each employing agency shall prescribe such regulations as Regulations. may he necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees. " (2) Each employing agency shall— "(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section; "(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and "(C) take any other actions necessary to carry out the purpose of this section. "(h) The Attorney General may bring a civil action in any district Civil actions. court of the United States against any employee who knowingly Jurisdiction. solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a Penalty. penalty against such employee in any amount not, to exceed the retail value of the gift improperly solicited or received plus $5,000.
91 STAT. 866 PUBLIC LAW 95-105—AUG. 17, 1977 " (i) The President shall direct all Chiefs of a United States Diplo- matic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value. " (j) Nothing in this section shall be construed to derogate any regu- lation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees. " (k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational 22 u s e 2458a. and Cultural Exchange Act of 1961 applies.". Effective date. (2) The amendment made by paragraph (1) of this subsection 5 u s e 7342 note. shall take effect on January 1,1978. Gifts, purchase (b)(1) After September 30,1977, no appropriated funds, other than limitation. funds from the "Emergencies in the Diplomatic and Consular Service" 22 u s e 2694. account of the Department of State, may be used to purchase any tangible gift of more than minimal value (as defined in section 7342 (a) (5) of title 5, United States Code) for any foreign individual unless such gift has been approved by the Congress. Report, (2) Beginning October 1,1977, the Secretary of State shall annually transmittal to transmit to the Speaker of the House of Representatives and Speaker of the the chairman of the Committee on Foreign Relations of the Senate a House and Senate committee. report containing details on (1) any gifts of more than minimal value purchased with appropriated funds which were given to a foreign individual during the previous fiscal year, and (2) any other gifts of more than minimal value given by the United States Government to a foreign individual which were not obta,ined using appropriated funds. Approved August 17, 1977. LEGISLATIVE HISTORY: HOUSE REPORTS No. 95-231 (Gomm. on International Relations) and No. 95-537 (eomm. of eonference). SENATE REPORT No. 95-194 (eomm. on Foreign Relations). eONGRESSIONAL REGORD, Vol. 123 (1977): May 4, considered and passed House. June 16, considered and passed Senate, amended. July 28, Senate agreed to conference report. < Aug. 3, House agreed to conference report.