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H.R. 2915 (98th): A bill to authorize appropriations for fiscal years 1984 and 1985 for the Department of State, the United States Information Agency, the Board for International Broadcasting, the Inter-American Foundation, and the Asia Foundation, to establish the National Endowment for Democracy, and for other purposes.

The text of the bill below is as of Nov 22, 1983 (Passed Congress).


PUBLIC LAW 98-164—NOV. 22, 1983                             97 STAT. 1017

Public Law 98-164
98th Congress
                                    A n Act
To authorize appropriations for fiscal years 1984 and 1985 for the Department of        Nov. 22, 1983
  State, the United States Information Agency, the Board for International Broad-        [H.R. 2915]
  casting, the Inter-American Foundation, and the Asia Foundation, to establish the
  National Endowment for Democracy, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,                                       Department of
                                                                                      State, U.S.
                                                                                      Information
                  TITLE I—DEPARTMENT OF STATE                                         Agency, Board
                                                                                      for International
                                                                                      Broadcasting,
                                  SHORT TITLE                                         Inter-American
                                                                                      Foundation, and
  SEC. 101. This title and title X of this Act may be cited as the                    Asia Foundation,
"Department of State Authorization Act, Fiscal Years 1984 and                         appropriation
                                                                                      authorizations.
1985".                                                                                 Department of
                   AUTHORIZATIONS OF APPROPRIATIONS                                   State
                                                                                      Authorization
  SEC. 102. In addition to amounts otherwise authorized for such                      Act, Fiscal "V'ears
                                                                                       1984 and 1985.
purposes, the following amounts are authorized to be appropriated
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 and other purposes authorized by law:
        (1) For "Administration of Foreign Affairs", $1,486,213,000 for
     the fiscal year 1984 and $1,580,820,000 for the fiscal year 1985.
        (2) For 'Tntemationail Organizations and (Conferences",
     $602,343,000 for the fiscal year 1984 and $602,343,000 for the
     fiscal year 1985.
        (3) For "International Commissions", $23,207,000 for the fiscal
     year 1984 and $25,355,000 for the fiscal year 1985.
        (4) For "Migration and Refugee Assistance", $344,500,000 for
     the fiscal year 1984 and $326,400,000 for the fiscal year 1985.
        (5) For "United States Bilateral Science and Technology
     Agreements", $1,700,000 for the fiscal year 1984 and $1,700,000
     for the fiscal year 1985.
         IMPROVEMENT OF CONSULAR FACIUTIES IN MEXICO CITY

   SEC. 103. In addition to the amounts authorized to be appropriated
by section 102(1) of this Act, there are authorized to be appropriated
for "Administration of Foreign Affairs" for the fiscal year 1984,
$4,000,000 to be used for the purchase of land for and the construc-
tion of additional consular facilities, and for certain improvements
in existing consular facilities, at the United States Embassy in
Mexico City, Mexico.

97 STAT. 1018 PUBLIC LAW 98-164—NOV. 22, 1983 ADDITIONAL POSITIONS FOR POLITICAL AND ECONOMIC REPORTING AND FOR INTERNATIONAL COMMUNICATIONS AND INFORMATION POLICY SEC. 104. The Secretary of State shall allocate such funds as may be necessary of the amounts appropriated to the Department of State for the fiscal year 1984 for "Administration of Foreign Affairs" in order to fund seventy-three additional positions for political and economic reporting and eleven additional positions for international communications and information policy. The positions funded pursuant to this section shall be in addition to the positions which the Department was authorized to have in fiscal year 1983 plus the number of additional positions which have been requested for the Department for the fiscal year 1984. ALTERNATE COMMUNICATIONS CENTER SEC. 105. Of the funds authorized to be appropriated under para- graph (1) of section 102, not less than $3,000,000 for the fiscal year 1984 and not less than $7,000,000 for the fiscal year 1985 shall be available only to cover expenses related to the establishment in the State of Maryland of an alternative communications center for the Department of State in order to secure the uninterrupted transmis- sion of communications related to the foreign policy and national security interests of the United States and of communications of other departments and agencies of the United States. NATIONAL COMMISSION ON EDUCATIONAL, SCIENTIFIC, AND CULTURAL COOPERATION SEC. 106. (a) Section 5 of the joint resolution entitled "Joint resolution providing for membership and participation by the United States in the United Nations Educational, Scientific, and Cultural Organization, and authorizing an appropriation therefor", approved July 30,1946 (22 U.S.C. 287q), is amended by repealing the eighth sentence. (b) Of the amounts authorized to be appropriated for "Administra- tion of Foreign Affairs" by section 102(1) of this Act, $250,000 for each of the fiscal years 1984 and 1985 shall be available only for the expenses of the secretariat of the National Commission on Educa- tional, Scientific, and Cultural Cooperation. COORDINATING COMMITTEE ON EXPORT CONTROLS SEC. 107. Of the funds authorized to be appropriated for the fiscal year 1984 under paragraph (2) of section 102, $2,000,000 shall be used to modernize the facilities and operating procedures of the Coordinating -Committee on Export Controls. The Congress finds that the executive branch should seek cost sharing arrangements with other member countries to modernize both the facilities and operations of the Coordinating Committee on Export Controls. WORLD HERITAGE TRUST FUND SEC. 108. Of the funds authorized to be appropriated by paragraph (2) of section 102, not less than $248,500 for each of the fiscal years 1984 and 1985 shall be available only for the United States contribu- tion to the World Heritage Trust Fund.
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1019 INTERPARUAMENTARY GROUPS SEC. 109. (a) Section 5 of the joint resolution entitled "Joint resolution to authorize participation by the United States in parlia- mentary conferences of the North Atlantic Treaty Organization", approved July 11, 1956 (22 U.S.C. 1928e), is amended by inserting immediately after the first sentence the following: "In addition to the amounts authorized by section 2, there is authorized to be appropriated $450,000 for fiscal year 1984 to meet the expenses incurred by the United States group in hosting the thirty-first annual meeting of the North Atlantic Assembly.". (b) Of the amount appropriated for the purposes authorized by the amendment made by subsection (a) of this section, up to $25,000 may be used to meet the expenses incurred in hosting the spring 1984 meeting of the British-American Parliamentary Group which is to be held in the United States. (c) In addition to the amounts authorized to be appropriated by section 102(2) of this Act, there are authorized to be appropriated for each of the fiscal years 1984 and 1985 for "International Organiza- tions and Conferences" $50,000 for expenses of United States participation in interparliamentary groups such as the United States-European Community Interparliamentary Group. PIRACY IN THE GULF OF THAILAND SEC. 110. Of the amounts authorized to be appropriated for "Migration and Refugee Assistance" by section 102(4) of this Act, $5,000,000 for each of the fiscal years 1984 and 1985 shall be used for assistance to combat piracy in the Gulf of Thailand. RELIEF ASSISTANCE FOR EL SALVADOR AND LEBANON SEC. 111. Notwithstanding any other provision of law, of the funds authorized to be appropriated for fiscal year 1984 under section 102(4) of this Act— (1) $10,000,000 shall be available only for El Salvador for relief assistance for displaced persons; and (2) up to $25,000,000, but not less than $5,000,000, shall be available only for Lebanon for relief and rehabilitation assist- ance for refugees and displaced persons. WORLD INTELLECTUAL PROPERTY ORGANIZATION SEC. 112. The joint resolution entitled "Joint resolution to author- ize appropriations incident to United States participation in the International Bureau for the Protection of Industrial Property", approved July 12, 1960 (22 U.S.C. 269f), is amended by striking out all after the resolving clause and inserting in lieu thereof the following: "That funds appropriated to the Secretary of State for 'International Organizations and Conferences' shall be available for the payment by the United States of its proportionate share of the expenses of the International Bureau for the Protection of Indus- trial Property for any year after 1981 as determined under article 16(4) of the Paris Convention for the Protection of Industrial Prop- erty, as revised, except that in no event shall the payment for any 2i UST 1583; year exceed 6 per centum of all expenses of the Bureau apportioned 24 UST 2140. among countries for that year.".
97 STAT. 1020 PUBLIC LAW 98-164—NOV. 22, 1983 RESTRICTION ON ASSESSED PAYMENTS TO THE UNITED NATIONS SEC. 113. None of the funds authorized to be appropriated by this Act shall be used to make assessed payments to the United Nations, the United Nations Educational, Scientific, and Cultural Organiza- tion, the World Health Organization, the Food and Agriculture Organization, and the International Labor Organization which, in the aggregate, are in excess of the aggregate calendar year 1983 United States assessed contributions to such organizations. RESTRICTIONS RELATING TO THE PALESTINE LIBERATION ORGANIZATION AND THE SOUTH WEST AFRICA PEOPLE'S ORGANIZATION 22 u s e 287e SEC. 114. (a) Funds appropriated for any fiscal year for the Depart- note. ment of State for "International Organizations and Conferences" may not be used for payment by the United States, as its contribu- tion toward the assessed budget of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less— (1) 25 per centum of the amount budgeted for that year for the Committee on the Exercise for the Inalienable Rights of the Palestinian People (or any similar successor entity); and (2) 25 per centum of the amount budgeted for that year for the Special Unit on Palestinian Rights (or any similar successor entity); and (3) 25 per centum of the amount budgeted for that year for projects whose primary purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it or to the South West Africa People's Organization. (b) Funds appropriated for any fiscal year for the Department of State for "International Organizations and Conferences" may not be used for payment by the United States, as its contribution toward the assessed budget of any specialized agency of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less 25 per centum of the amount budgeted by such agency for that year for projects whose primary purpose is to provide benefits to the Palestine Liberation Organization or entities associ- ated with it or to the South West Africa People's Organization. Budget review. (c) The President shall annually review the budgets of the United Nations and its specialized agencies to determine which projects have the primary purpose of providing benefits to the Palestine Liberation Organization or to the South West Africa People's Orga- Report to nization. The President shall report to the Congress on any such Congress. project for which a portion of the United States assessed contribu- tion is withheld and the amount withheld. (d) Subsections (aX3) and (b) shall not be construed as limiting United States contributions to the United Nations or its specialized agencies for projects whose primary purpose is to provide humani- tarian, educational, developmental, and other nonpolitical benefits.
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1021 UNITED STATES PARTICIPATION IN THE UNITED NATIONS IF ISRAEL IS ILLEGALLY EXPELLED SEC. 115. (a) The Ck)ngress finds that— 22 use 287 not«j. (1) the United Nations was founded on the principle of univer- sality; (2) the United Nations Charter stipulates that members may be suspended by the General Assembly only "upon the recom- mendation of the Security Council"; and (3) any move by the General Assembly that would illegally deny Israel its credentials in the Assembly would be a direct violation of these provisions of the Charter. (b) If Israel is illegally expelled, suspended, denied its credentials, or in any other manner denied its right to participate in the General Assembly of the United Nations or any specialized agency of the United Nations, the United States shall suspend its participation in the Genercil Assembly or such specialized agency until the illegal action is reversed. The United States shall withhold payment of its assessed contribution to the United Nations or a specialized agency during any period in which United States participation is suspended pursuant to this section. REVIEW OF UNITED STATES PARTICIPATION IN THE UNITED NATIONS SEC. 116. (a) The Congress finds that— (1) the United Nations was founded for the primary purpose of maintaining international peace and security by encouraging peaceful resolution of disputes and the development of friendly relations among nations; (2) the United States, as a founding member of the United Nations and the largest contributor to the United Nations, became and remains a member of the United Nations in order to contribute to collective efforts among the nations of the world to realize the ends of international peace and security; (3) the United States is committed to upholding and strength- ening the principles and purposes of the United Nations Charter upon which the United Nations was founded. (b) It is the sense of the Congress that— (1) a review of United States participation in the United Nations is urgently called for with a view to examining— (A) the extent and levels of United States financial contri- butions to the United Nations; (B) the importance of the United Nations, as presently constituted, to fulfilling the policies and objectives of the United States; (C) the benefits derived by the United States from partici- pation in the United Nations; (2) the President should review and make recommendations Recommenda- to the Congress regarding the matters described in this section tions. by June 30,1984; and (3) the Secretary of State should communicate to the member states of the General Assembly of the United Nations the policy contained in this section.
97 STAT. 1022 PUBLIC LAW 98-164—NOV. 22, 1983 REPORT ON POLICIES PURSUED BY OTHER COUNTRIES IN INTERNATIONAL ORGANIZATIONS Submittal to SEC. 117. The Secretary of State shall trginsmit to the Speaker of Congress. the House of Representatives and the chairman of the Committee on 22 u s e 287b note. Foreign Relations of the Senate, by January 31 of each year, a report regarding the policies which each member country of the United Nations pursues in international organizations of which the United States is a member. The report shall describe generally each country's foreign policies as reflected in its activities in interna- tional orgeuiizations and shall detail their respective positions on major issues of interest to the United States, including key decisions relating to the budget of international organizations. 1985 CONFERENCE—UNITED NATIONS DECADE FOR WOMEN SEC. 118. The President shall use every available means at his disposal to ensure that the 1985 Conference to commemorate the conclusion of the United Nations Decade for Women is not domi- nated by political issues extraneous to the goals of the 1985 Women's Conference that would jeopardize United States participa- tion in and support for that Conference consistent with applicable legislation concerning United States contributions to the United Report to Nations. Prior to the 1985 Conference, the President shall report to Congress. the Congress on the nature of the preparations, the adherence to the original goals of the Conference, and the extent of any continued United States participation and support for the Conference. UNITED NATIONS WORLD ASSEMBLY ON AGING SEC. 119. (a) The Congress finds that— (1) in 1977 the Congress called for the United Nations to convene a World Assembly on Aging; (2) the United Nations World Assembly on Aging was held in Vienna, Austria, from July 26 to August 6, 1982, and unani- mously adopted the Vienna International Plan of Action on Aging on August 6, 1982, which called for the development of policies designed to enhance the individual lives of the aging and to allow the aging to enjoy their advancing years in peace, health, and security; (3) the United Nations General Assembly on December 3, 1982, unanimously endorsed the World Assembly International Plan of Action; and (4) the General Assembly of the United Nations, in adopting the plan, called upon governments to make continuous efforts to implement the principles and recommendations contained in the Plan of Action as adopted by the World Assembly on Aging. (b) Therefore, it is the sense of the Congress that the President should take steps to— (1) encourage Government-wide participation in implement- ing the recommendations of the World Assembly and planning for the scheduled review in 1985 by the United Nations on the implementation of the Vienna International Plan of Action on Aging; (2) encourage the exchange of information and the promotion of research on aging among the States, the Federal Govern- ment, international organizations, and other nations;
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1023 (3) encourage greater private sector involvement in respond- ing to the concerns of the a^ng; and (4) inform developing nations that the United States Govern- ment recognizes aging as an important issue, requiring close and sustained attention in national and regional development plans. EUROPEAN SPACE AGENCY SEC. 120. Section 11 of the International Organizations Immuni- ties Act (22 U.S.C. 288f-l) is amended by striking out "European Space Research Organization" and inserting in lieu thereof "Euro- pean Space Agency*. ALLOCATION AUTHORITY SEC. 121. Section 8 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2675) is amended to read as follows: "SEC. 8. The Secretary of State may allocate or transfer to any department, agency, or independent establishment of the United States Government (with the consent of the head of such depart- ment, agency, or establishment) any funds appropriated to the Department of State, for direct expenditure by such department, agency, or independent establishment for the purposes for which the funds were appropriated in accordance with authority granted in this Act or under authority governing the activities of such depart- ment, agency, or independent establishment.". EMERGENCY EXPENDITURES SEC. 122. (a) Section 4 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2671) is amended— (1) by redesignating paragraphs (a) and (b) as paragraphs (1) and (2); (2) by inserting "(a)" after "SEC. 4."; (3) by inserting "subject to subsection (b)," before "make expenditures" in subsection (aXD, as redesignated by para- graphs (1) and (2) of this section; and (4) by adding at the end thereof the following new subsection: "(bXl) Expenditures described under subsection (a) shall be made only for such activities as— "(A) serve to further the realization of foreign policy objectives; "(B) are a matter of urgency to implement; "(C) with respect to activities the expenditures for which are required to be certified under subsection (a), require confiden- tiality in the best interests of the conduct of f o r e ^ policy by the United States; and "(D) are not otherwise prohibited by law. "(2) Activities described in paragraph (1) include— "(A) the evacuation of United States Government employees and their dependents and private United States citizens when their lives are endangered by war, civil unrest, or natural disaster; "(B) loans made to destitute citizens of the United States who are outside the United States and made to provide for the return to the United States of its citizens; "(C) visits by foreign chiefs of state or heads of government to the United States;
97 STAT. 1024 PUBLIC LAW 98-164—NOV. 22, 1983 "(D) travel of delegations representing the President at any inauguration or funeral of a foreign dignitary; "(E) travel of the President, the Vice President, or a Member of Congress to a foreign country, including advance arrange- ments, escort, and official entertainment; "(F) travel of the Secretary of State within the United States and outside the United States, including official entertainment; "(G) official representational functions of the Secretary of State and other principal officers of the Department of State; "(H) official functions outside the United States the expenses for which are not otherwise covered by amounts appropriated for representation allowances; "(I) investigations and apprehension of groups or individuals involved in fraudulent issuance of United States passports and visas; and "(J) gifts of nominal value given by the President, Vice Presi- dent, or Secretary of State to a foreign dignitary. Audit. "(c) The Inspector General of the Department of State and the Confess" Foreign Service shall conduct an annual confidential audit of the Department of State's emergency expenditures and prepare and transmit to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate an annual report indicating whether such expenditures were made in accordance with subsections (a) and (b) of this section. Repatriation "(d) With regard to the repatriation loan program, the Secretary loan program. ^f g^^^^ g i j ^ l l _ "(1) require the borrower to provide a verifiable address and social security number at the time of application; "(2) require a written loan agreement which includes a repay- ment schedule; "(3) bar passports from being issued or renewed for those individuals who are in default; "(4) refer any loan more than one year past due to the Department of Justice for litigation; "(5) obtain addresses from the Internal Revenue Service for all delinquent accounts which have social security numbers; "(6) report defaults to commercial credit bureaus as provided in section 3711(f) of title 31, United States Code; "(7) be permitted to use any funds necessary to contract with commercial collection agencies, notwithstanding section 3718(c) of title 31, United States Code; "(8) charge interest on all loans as of May 1, 1983, with the rate of interest to be that set forth in section 3717(a) of title 31, United States Code; "(9) assess charges, in addition to the interest provided for in paragraph (8), to cover the costs of processing and handling delinquent claims, as of May 1,1983; "(10) assess a penalty charge, in addition to the interest provided for in paragraphs (8) and (9), of 6 per centum per year for failure to pay any portion of a debt more than ninety days past due; and "(11) implement the interest and penalty provisions in para- graphs (8), (9), and (10) for all current and future loans, regard- less of whether the debts were incurred before or after May 1, 1983.".
PUBLIC LAW 98-164-NOV. 22, 1983 97 STAT. 1025 REPROGRAMING NOTIFICATIONS SEC. 123. Title I of the State Department Basic Authorities Act of 22 use 2651 1956 is amended by redesignating section 34 as section 35 and by "°*®- inserting the following new section 34 after section 33: "SEC. 34. Unless the Committee on Foreign Affairs of the House of 22 USC 2706. Representatives and the Committee on Foreign Relations of the Senate are notified fifteen days in advance of the proposed repro- graming, funds appropriated for the Department of State shall not be available for obligation or expenditure through any reprogram- ing of funds— "(1) which creates new programs; "(2) which eliminates a program, project, or activity; "(3) which increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by the Congress; "(4) which relocates an office or employees; "(5) which reorganizes offices, programs, or activities; "(6) which involves contracting out functions which had been performed by Federal employees; or "(7) which involves a reprograming in excess of $250,000 or 10 per centum, whichever is less, and which (A) augments existing programs, projects, or activities, (B) reduces by 10 per centum or more the funding for any existing program, project, activity, or personnel approved by the Congress, or (C) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects approved by the Congress.". INTERNATIONAL COMMUNICATIONS AND INFORMATION POUCY SEC. 124. Title I of the State Department Basic Authorities Act of 22 USC 2651 1956, as amended by section 123 of this Act, is further amended by ^°^- redesignating section 35 as section 36 and by inserting the following new section after section 34: "SEC. 35. (a) The Secretary of State shall assign responsibility for 22 USC 2707. international communications and information policy matters within the Department of State to an appropriate Under Secretary of State (hereafter in this section referred to as the 'Under Secretary'). "0?) The Secretary of State shall establish, within the Department of State, an Office of the Coordinator for International Communica- tions and Information Policy, headed by a Coordinator who shall be responsible to the Under Secretary. The Coordinator shall be appointed by the President, by and with the advice and consent of the Senate, and shall have the rank of ambassador. The Coordinator shall be responsible, on behalf of the Under Secretary, for formula- tion, coordination, and oversight of international communications and information policy assigned to the Under Secretary. On behalf of the Under Secretary, the Coordinator shall— "(1) maintain continuing liaison with the bureaus and offices of the Department of State and with other executive branch agencies concerned with international communications and information policy; "(2) in accordance with such authority as may be delegated by the President pursuant to Executive order, chair such agency 11-194 0 - 8 5 — 34 : QL 3
97 STAT. 1026 PUBLIC LAW 98-164—NOV. 22, 1983 and interagency meetings as may be necessary to coordinate actions on pending issues to ensure proper policy coordination; "(3) in accordance with such authority as may be delegated by the President pursuant to Executive order, supervise and coordinate the activities of the Senior Interagency Group on International Communications and Information Policy; "(4) coordinate the activities of, and assist as appropriate, interagency working level task forces and committees con- cerned with specific aspects of international communications and information policy; "(5) maintain liaison with the members and staffs of commit- tees of the Congress concerned with international communica- tions and information policy and provide testimony before such committees; "(6) maintain appropriate liaison with representatives of the private sector to keep informed of their interests and problems, meet with them, and provide such assistance as may be needed to ensure that matters of concern to the private sector are promptly considered by the Department or other executive branch agencies; and "(7) assist in arranging meetings of such public sector advisory groups as may be established to advise the Department of State and other executive branch agencies in connection with international communications and information policy issues.". COUNSELOR OF THE DEPARTMENT OF STATE SEC. 125. (a) Section 2 of the Act entitled "An 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. 2653), is amended by striking out "Counselor of the Department of State and the Legal Adviser who are" in the second sentence and inserting in lieu thereof "Legal Adviser who is". (b)(1) Section 5314 of title 5, United States Code, is amended by inserting immediately after the item relating to the Under Secretar- ies of State the following: "Counselor of the Department of State.". 5 use 5315. (2) Section 5315 of such title is amended by striking out "Coun- selor of the Department of State.". ATTENDANCE OF CITIZENS OF THE TRUST TERRITORY OF THE PACIFIC ISLANDS AT THE FOREIGN SERVICE INSTITUTE SEC. 126. Section 701 of the Foreign Service Act of 1980 (22 U.S.C. 4021) is amended by adding at the end thereof the following new subsection: "(c) Training and instruction may be provided at the Institute for not to exceed sixty citizens of the Trust Territory of the Pacific Islands in order to prepare them to serve as members of the foreign services of the Federated States of Micronesia, the Marshall Islands, and Palau. The authority of this subsection shall expire when the Compact of Free Association is approved by the Congress.". FOREIGN NATIONAL EMPLOYEES SEC. 127. (a) Section 408(aXl) of the Foreign Service Act of 1980 (22 U.S.C. 3968(aXl)) is amended in the last sentence by insert-
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1027 ing "(A)" immediately after "provision for" and by inserting imme- diately before the period at the end thereof the following: ", and (B) payments by the Government and foreign national employees to a trust or other fund in a financial institution in order to finance future benefits for foreign national employees, including provision for retention in the fund of accumulated interest for the benefit of covered foreign national employees". (bXD Section 5944 of title 5, United States Code, is repealed. Repeal. (2) The chapter analysis for chapter 59 of such title 5 is amended by striking out the item relating to section 5944. CODIFICATION OF MERESMAN CASE SEC. 128. Section 2103(f) of the Foreign Service Act of 1980 (22 U.S.C. 4153(f)) is amended in the last sentence by striking out "determined in accordance with chapter 8 of title I of this Act and inserting in lieu thereof "on the same basis as a member retired from the Senior Foreign Service under section 607(c)(1), and section 609(a)(2)(B) shall be deemed to apply to such officer". FOREIGN SERVICE VOTING RESIDENCE SEC. 129. (a) Chapter 9 of title I of the Foreign Service Act of 1980 is amended by adding at the end thereof the following: "SEC. 906. ENTITLEMENT TO VOTE IN A STATE IN A FEDERAL ELEC- 22 use 4086. TiON.—(a) Except as provided in subsection (b) and in such manner as shall be otherwise authorized by a State or other jurisdiction within the territory of the United States, a member of the Service residing outside the United States shall, in addition to any entitle- ment to vote in a State in a Federal election under section 3 of the Overseas Citizens Voting Rights Act (42 U.S.C. 1973dd-l), be entitled to vote in a Federal election in the State in which such member was last domiciled immediately before entering the Service if such member— "(1) makes an election, of that State; "(2) notifies that State of such election and notifies any other States in which he or she is entitled to vote of such election; and "(3) otherwise meets the requirements of such Act. "(b) The provisions of subsection (a) shall apply only to an individ- ual who becomes a member of the Service on or after the date of enactment of this section and shall not apply to an individual who registers to vote in a State in which he is entitled to vote under section 3 of Overseas Citizens Voting Rights Act.". 42 use (b) The table of contents in section 2 of the Foreign Service Act of I9'^3dd-i. 1980 is amended by inserting the following new item after the item relating to section 905: "Sec. 906. Entitlement to Vote in a State in a Federal Election.". MERGER OF FOREIGN SERVICE INFORMATION CORPS WITH FOREIGN SERVICE CORPS SEC. 130. (a) Section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902) is amended— (1) by striking out "(a)"; and (2) by striking out subsection (b). (b) Section 502 of such Act (22 U.S.C. 3982) is amended by adding at the end thereof the following:
97 STAT. 1028 PUBLIC LAW 98-164—NOV. 22, 1983 "(d) The Secretary of State, in conjunction with the heads of the other agencies utilizing the Foreign Service personnel system, shall implement policies and procedures to insure that Foreign Service officers and members of the Senior Foreign Service of all agencies are able to compete for chief of mission positions and have opportu- nities on an equal basis to compete for assignments outside their areas of specialization.". Report to (c) Not later than one year after the date of enactment of this Congress. section, the Secretary of State shall submit a report to the Speaker 22 u s e 3982 note. of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate describing the policies and procedures adopted pursuant to the amendment made by subsec- tion (b). DANGER PAY SEC. 131. Section 5928 of title 5, United States Code, is amended by adding at the end thereof the following: "The presence of nonessen- tial personnel or dependents shall not preclude payment of an allowance under this section. In each instance where an allowance under this section is initiated or terminated, the Secretary of State shall inform the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of the action taken and the circumstances justifying it.". SECURITY OFFICERS SEC. 132. Section 2104 of the Foreign Service Act of 1980 (22 U.S.C. 4154) is amended by adding at the end thereof the following new subsection: "(c) The three-year period referred to in subsection (a) shall be extended for an additional period not to exceed one year from the date of enactment of this section in the case of Department of State security officers who are members of the Service and who were initially ineligible for conversion under that subsection because they were available for worldwide assignment and there was a need for their services in the Service, but as to whom subsequent events require the services of these members (and of those later employed who are similarly situated) only or primarily for domestic functions.". FOREIGN RELATIONS PUBUCATIONS SEC. 133. (a) The Congress expresses concern about the excessive delays currently experienced in the publication of the Department of State's vital series of historical volumes, "The Foreign Relations of the United States". It is the sense of the Congress that the current delays must be substantially reduced so that publication of this series will occur after twenty years, and no later than twenty- five years, from the date of the events themselves. Report to (b) The Historian of the Department of State shall prepare and congressional committees. submit a report within three months after the date of enactment of this Act to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives explaining the reasons for these delays and the steps which would be required to reach the goal of publication within twenty-five years.
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1029 UNITED STATES DIPLOMATIC RELATIONS WITH THE VATICAN SEC. 134. In order to provide for the establishment of United 22 u s e 2656 States diplomatic relations with the Vatican, the Act entitled "An note. Act making Appropriations for the Consular and Diplomatic Expenses of the Government for the Year ending thirtieth June, eighteen hundred and sixty-eight, and for other purposes", approved February 28, 1867, is amended by repealing the following sentence (14 Stat. 413): "And no money hereby or otherwise appropriated shall be paid for the support of an American legation at Rome, from and after the thirtieth day of June, eighteen hundred and sixty- seven.". USE OF HERBICIDES CONTAINING DIOXIN COMPOUNDS BY INTERNATIONAL COMMISSIONS SEC. 135. (a) Notwithstanding any other provision of law, none of Funding the funds made available under this Act for "International Commis- restriction. sions" for the fiscal year 1984 and the fiscal year 1985 shall be available for the use, by such commissions or their agents, of herbicides containing dioxin compounds. (b) Unless the Committee on Foreign Relations and the Committee on Environment and Public Works of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Governors of the affected border States are notified forty-five days in advance of the use of a herbicide by an international commission, funds appropriated for such use shall not be available for obligation or expenditure. Such notification shall include— (1) the name of the herbicide; (2) an estimate of the quantity of herbicide planned for use; (3) an identification of the area on which the herbicide will be used; and (4) a description of the herbicide's chemical composition. FOREIGN SERVICE BUILDINGS ACT SEC. 136. The Foreign Service Buildings Act, 1926 (22 U.S.C. 292-301), is amended by adding at the end thereof the following new section: "SEC. 11. (a) Eligibility for award of contracts under this Act or of Contracts. any other contract by the Secretary of State, including lease-back or Bidder qualifications. other agreements, the purpose of which is to obtain the construc- 22 use 302. tion, alteration, or repair of buildings and grounds abroad, when estimated to exceed $5,000,000, including any contract alternatives or options, shall be limited, after a determination that adequate competition will be obtained thereby, to (1) American-owned bidders and (2) bidders from countries which permit or agree to permit substantially equal access to American bidders for comparable diplo- matic and consular building projects, except that participation may be permitted by or limited to host-country bidders where required by international agreement or by the law of the host country or where determined by the Secretary of State to be necessary in the interest of bilateral relations or necessary to carry out the construction project. "(bXD Generally applicable laws and regulations pertaining to licensing and other qualifications to do business in the country in
97 STAT. 1030 PUBLIC LAW 98-164—NOV. 22, 1983 which the contract is to be performed shall not be deemed a limitation of access for purposes of this section. "(2) For purposes of determining competitive status, bids qualify- ing under subsection (aXD shall be reduced by 10 per centum. "(3) A determination of adequacy of competition for purposes of subsection (a) shall be made after advance publication by the Secre- tary of State of the proposed project, and receipt from not less than two prospective responsible bidders of intent to submit a bid or proposal. If competition is not determined to be adequate, con- tracts may be awarded without regard to subsection (a) and this subsection. "(4) Bidder qualification under subsection (a) shall be determined on the basis of nationality of ownership, the burden of which shall be on the prospective bidder. Qualification under subsection (aXD shall require evidence of (A) performance of similar construction work in the United States, and (B) either (i) ownership in excess of fifty percent by United States citizens or permanent residents, or (ii) incorporation in the United States for more than three years and employment of United States citizens or permanent residents in more than half of the corporation's permanent full-time professional and managerial positions in the United States. "(5) Qualification under this section shall be established on the basis of determinations at the time bids are requested. "(c) Contracts for construction, alteration, or repair in the United States for or on behalf of any foreign mission (as defined in section 202(aX4) of title II of the State Department Bsisic Authorities Act of 1956 (22 U.S.C. 4302(aX4)) may, pursuant to the authority of that title, only be awarded to or performed by bidders qualifying under subsection (a) (1) or (2) or by nationals of the country for which the contract is being performed who are granted the right of entry into the United States for that purpose. "(d) Determinations under this section shall be committed to the discretion of the Secretary of State. Termination. "(e) This section shall cease to be effective when the Secretary of State determines that there are internationally-agree-upon rules in effect on bidding for construction contracts.". UNITED STATES CONSULATES SEC. 137. Section 103(b) of the Department of State Authorization Act, fiscal years 1982 and 1983 (22 U.S.C. 2656 note) is amended by striking out the period at the end thereof and inserting in lieu thereof the following: ", to the extent such reopening is authorized Report to by the foreign government involved. A report shall be made to the congressional Committee on Foreign Relations of the Senate and the Committtee committees. on Foreign Affairs of the House of Representatives concerning the extent to which such foreign government authorization has been received, and the progress achieved with respect to the reopening of the specified consulates.". United States TITLE II—UNITED STATES INFORMATION AGENCY Information Agency Authorization SHORT TITLE Act, Fisal Years 1984 and 1985. SEC. 201. This title may be cited as the "United States Information Agency Authorization Act, Fiscal Years 1984 and 1985".
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1031 AUTHORIZATION OF APPROPRIATIONS SEC. 202. In addition to the amounts otherwise authorized for such purposes, there are authorized to be appropriated for the United States Information Agency $642,348,000 for the fiscal year 1984 and $806,239,000 for the fiscal year 1985 to carry out international information, educational, cultural, and exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, 22 use 1431 and Reorganization Plan Numbered 2 of 1977, and other purposes ^°^' ^t^^ "°*^' authorized by law. ^^^^ "°^«- IMPROVEMENT OF VOICE OF AMERICA FACILITIES AND OPERATIONS SEC. 203. Of the authorizations of appropriations contained in section 202— (1) authorizations of $47,959,000 for the fiscal year 1984, which shall be available for the acquisition and construction of (2) authorizations of $164,800,000 for the fiscal year 1985, which shall be available for essential modernization of the facilities and operations of the Voice of America, shall remain available until the appropriations are made, and when those amounts are appropriated they are authorized to remain available until expended. INTERNAL AUDITORS SEC. 204. Of the amounts authorized to be appropriated by section 202, not less than $600,000 for each of the fiscal years 1984 and 1985 shall be available only for the employment of twelve professional internal auditors for the United States Information Agency in excess of any internal auditors employed by the Agency during fiscal year 1983. FUNDS FOR THE NATIONAL ENDOWMENT FOR DEMOCRACY SEC. 205. Of the amounts appropriated for the United States Information Agency for each of the fiscal years 1984 and 1985, not less than $31,300,000 shall be available only for a grant, in accord- ance with title V of this Act, to the National Endowment for Post, p. 1039. Democracy for use in carrying out its purposes. EDUCATIONAL AND CULTURAL EXCHANGES SEC. 206. (a) Of the funds authorized to be appropriated for the United States Information Agency for the fiscal year 1984, not less than $100,500,000 shall be available only for grants for the Fulbright Academic Exchange Programs and the International Visitor Pro- gram, not less than $3,729,000 shall be available only for grants for the Humphrey Fellowship Program, and not more than $7,100,000 shall be available for the Private Sector Program. Funds authorized to be appropriated by this title for the Private Sector Program shall be available only for grants to not-for-profit cultural, educational, or exchange-of-persons organizations. Of the funds authorized to be appropriated for the United States Information Agenfcy for fiscal year 1984, $3,000,000 shall be available only for enhancements of United States libraries overseas and programs providing support
97 STAT. 1032 PUBLIC LAW 98-164—NOV. 22, 1983 services to foreign students studying, or intending to study, in the United States. (b) Of the funds authorized to be appropriated for the United States Information Agency for the fiscal year 1985, not less than $123,100,000 shall be available only for grants for the Fulbright Academic Exchange Programs and the International Visitor Pro- gram, and not less than $4,435,000 shall be available only for grants for the Humphrey Fellowship Program. PRIVATE SECTOR PROGRAM Limitation. SEC. 207. (a) No funds authorized to be appropriated for the 22 u s e 2460 Private Sector Program shall be used to pay for foreign travel by note. any United States citizen who, in the five years preceding the date of the proposed foreign travel, made two or more trips financed in whole or in substantial part by grants from the Private Sector Program. This limitation shall not apply to escort interpreters accompanying delegations, to artists accompanying exhibitions, to persons engaging in theatrical or musical performances, or to the Waiver. full-time staff of the grantee organization. In addition, the Director of the Bureau of Educational and Cultural Affairs may waive this limitation in exceptional cases if he determines that foreign travel is essential to the successful completion of the grant program and so certifies in writing to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate at least fifteen days prior to the commencement of the proposed foreign travel. Report to (b) Not later than January 31 of each year, the Director of the Congress. Bureau of Educational and Cultural Affairs shall submit to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a report listing all individuals, with their organization, who in the preceding five years made two or more trips involving foreign travel financed in whole or substantial part by grants from the Private Sector Program. INTERNATIONAL YOUTH YEAR Grants. SEC. 208. (a) From the funds allocated to the Private Sector Program, the United States Information Agency may make grants to youth and youth service organizations in support of activities to promote participation by American young people in the activities of International Youth Year. Activities to be supported shall involve exchange-of-persons. Grants under this subsection shall be subject to all applicable guidelines and notification requirements, except that organizations receiving such grants shall not be subject to the funding limitation on newer organizations which is contained in the "ECA Grant Guidelines" which were submitted to the Congress on May 4, 1983 (see pages 42-44 of the report of the Committee on Foreign Relations on S. 1342 (Senate Report Numbered 98-143) and pages 66-68 of the report of the Committee on Foreign Affairs to accompany H.R. 2915 (House of Representatives Report Numbered 98-130)). Membership (b) The Secretary of State shall ensure that any organization criteria. designated by the United States Government, or any agency thereof, as the official United States commission or committee for United States participation in International Youth Year meets the follow- ing criteria: (1) the membership of such organization is open to all
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1033 major youth and youth service organizations; (2) the charter of such organization provides that the organization will have full financial responsibility for its own assets, receipts, and expenditures; and (3) the composition of the Governing Board shall be elected from the constituent youth and youth service organizations, and in such an election the size of the membership of the constituent youth and youth service organizations shall be an important factor. Clause (3) shall not be construed as requiring any particular system of propor- tional representation in the election of the Governing Board. (c) No funds authorized to be appropriated by this Act shall be Funding made available to any organization to coordinate or plan for United restriction. States participation in International Youth Year if that organiza- tion does not meet the criteria specified in subsection (b). PROHIBITION ON LOBBYING WITH UNITED STATES FUNDS BY UNITED STATES INFORMATION AGENCY GRANTEE ORGANIZATIONS SEC. 209. None of the funds authorized to be appropriated by this title shall be used by any grantee organization of the United States Information Agency for lobbying or propaganda which is directed at influencing public policy decisions of the Government of the United States or any State or locality thereof. This section shall not be construed so as to abridge the right of any grantee organization to exercise the same freedom of speech as is protected by the first article of amendment of the United States Constitution, so long as such organization does not use funds provided under this title in exercising such right. FUNDS FOR OFFICIAL RECEPTIONS AND ENTERTAINMENT EXPENSES SEC. 210. Notwithstanding any other provision of law, not more than $20,000 of the funds authorized to be appropriated to the United States Information Agency for the fiscal year 1984 or for the fiscal year 1985 shall be available for domestic representation or entertainment expenses, including official receptions. FUNDS FOR UNITED STATES-GERMAN TEENAGE EXCHANGE SEC. 211. In addition to amounts otherwise authorized to be appropriated for the United States Information Agency, there are authorized to be appropriated $2,500,000 for the fiscal year 1984 and $2,500,000 for the fiscal year 1985 to carry out a United States- German teenage exchange sponsored by the Members of the United States Congress and the West German Bundestag. FUNDING FOR UNITED STATES PARTICIPATION IN THE TSUKUBA, JAPAN EXPOSITION 1985 SEC. 212. In addition to amounts otherwise made available for such purpose, there are authorized to be appropriated to the United States Information Agency, without fiscal year limitation, $4,000,000 for expenses in connection with United States participation in the Tsukuba, Japan Exposition 1985.
97 STAT. 1034 PUBLIC LAW 98-164—NOV. 22, 1983 CHARTER FOR THE BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS SEC. 213. The Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451-2458a) is amended by adding at the end thereof the following new section: 22 use 2460. "SEC. 112. (a) In order to carry out the purposes of this Act, there is established in the United States Information Agency, or in such appropriate agency of the United States as the President shall determine, a Bureau of Educational and Cultural Affairs (herein- after in this section referred to as the 'Bureau'). The Bureau shall be responsible for managing, coordinating, and overseeing programs established pursuant to this Act, including but not limited to— "(1) the J. William Fulbright Educational Exchange Program which, by promoting the exchange of scholars, researchers, students, trainees, teachers, instructors, and professors, between the United States and foreign countries, accomplishes the purposes of section 102(aXl) of this Act; "(2) the Hubert H. Humphrey Fellowship Program which finances (A) study at American universities and institutions of higher learning, including study in degree granting programs, and (B) participation in fellowships, internships, or other pro- grams in American governmental and nongovernmental institu- tions for public managers and other individuals from developing countries; "(3) the International Visitors Program which provides grants for short-term visits to the United States for foreign nationals who are, or have the potential to be, leaders in their respective fields in their own countries; "(4) the American Cultural Centers and Libraries which make available at selected foreign locations, books, films, sound recordings, and other materials about the United States, its people and culture, and about other topics; "(5) the American Overseas Schools Program which provides financial assistance to the operations of American-sponsored schools overseas; "(6) the American Studies Program which fosters and sup- ports the study of the United States, and its people and culture, in foreign countries; and "(7) a program of working with private, not-for-profit groups through contracts, grants, or cooperative agreements, as author- ized by section 102 of this Act, so as to provide financial assistance to nongovernmental organizations engaged in imple- menting and enhancing exchange-of-persons programs. "(b) The President shall insure that all programs under the authority of the Bureau shall maintain their nonpolitical character and shall be balanced and representative of the diversity of Ameri- can political, social, and cultural life. The President shall insure that academic and cultural programs under the authority of the Bureau shall maintain their scholarly integrity and shall meet the highest standards of academic excellence or artistic achievement. "(c) The Bureau shall administer no programs except those oper- ating under the authority of this Act and consistent with its purposes.".
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1035 NOTIFICATION OF REPROGRAMINGS AND GRANTS SEC. 214. Title VII of the United States Information and Educa- tional Exchange Act of 1948 (22 U.S.C. 1476-1477b) is amended by adding at the end thereof the following new section: "SEC. 705. (a) Unless the Committee on Foreign Affairs of the 22 USC 1477c. House of Representatives and the Committee on Foreign Relations of the Senate are notified fifteen days in advance of a proposed reprograming, funds appropriated for the United States Information Agency shall not be available for obligation or expenditure through any such reprograming of funds— "(1) which creates new programs; "(2) which eliminates a program, project, or activity; "(3) which increases funds or personnel by any means for any project or activity for which funds have been denied or restricted by the Congress; "(4) which relocates an office or employees; "(5) which reorganizes offices, programs, or activities; "(6) which involves contracting out functions which had been performed by Federal employees; or "(7) which involves a reprograming in excess of $250,000 or 10 per centum, whichever is less, and which (A) augments existing programs, projects, or activities, (B) reduces by 10 per centum or more the funding for any existing program, project, or activity, or personnel approved by the Congress, or (C) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects approved by the Congress. "(b) In addition, the United States Information Agency may award program grants for the fiscal years 1984 and 1985 only if the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified fifteen days in advance of the proposed grant.". SUPPLEMENTAL ALLOWANCE FOR USIA PERSONNEL STATIONED IN NEW YORK CITY SEC. 215. Section 9 of the United Nations Participation Act of 1945 (22 U.S.C. 287e-l) is amended— (1) in paragraph (1), by inserting ", and any employee of the United States Information Agency designated by the Director of that Agency," immediately after 'Secretary of State"; and (2) in the last sentence, by striking out "forty-five employees" and inserting in lieu thereof "fifty employees, including not more than five employees of the United States Information Agency,". DISTRIBUTION WITHIN THE UNITED STATES OF THE UNITED STATES INFORMATION AGENCY FILM ENTITLED "THANKSGIVING IN P E S H A W A R " SEC. 216. (a) Notwithstanding the second sentence of section 501 of the United States Information and Education Exchange Act of 1948 (22 U.S.C. 1461(a))— (1) the Director of the United States Information Agency shall make available to the Administrator of General Services a master copy of the film entitled "Thanksgiving in Peshawar"; and
97 STAT. 1036 PUBLIC LAW 98-164—NOV. 22, 1983 (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 Administrator shall reimburse the Director for any expenses of the Agency in making that master copy available, shall deposit that film in the National Archives of the United States, and shall make copies of that film available for purchase and public viewing within the United States, Reimbursement. (b) Any reimbursement to the Director pursuant to this section shall be credited to the applicable appropriation of the United States Information Agency. INCREASED LEASING AUTHORITY FOR RADIO FACILITIES SEC. 217. Section 801(3) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471(3)) is amended by striking out "ten years" and inserting in lieu thereof "twenty-five years". Board for TITLE III—BOARD FOR INTERNATIONAL BROADCASTING International Broadcasting Authorization SHORT TITLE Act, Fiscal Years 1984 and 1985. SEC. 301. This title may be cited as the "Board for International 22 u s e 2871 Broadcasting Authorization Act, Fiscal Years 1984 and 1985". note. AUTHORIZATIONS OF APPROPRIATIONS SEC. 302. Subparagraph (A) of section 8(a)(1) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a)(1)(A)) is amended to read as follows: "(A) $111,600,000 for the fiscal year 1983, $106,055,000 for the fiscal year 1984, and $111,251,000 for the fiscal year 1985; and". FOREIGN CURRENCY GAINS SEC. 303. Section 8(b) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a)) is amended to read as follows: "(b) Beginning with fiscal year 1983, any amount appropriated under subsection (a)(1) of this section which, because of upward fluctuations in foreign currency exchange rates, is in excess of the amount necessary to maintain the budgeted level of operation for RFE/RL, Incorporated, may be merged with and made available for the same time period and same purposes as amounts appropriated under subsection (a)(2) of this section.'. BENEFITS FOR CERTAIN RETIREES AND SURVIVING SPOUSES OF EMPLOYEES OF RADIO FREE EUROPE AND RADIO LIBERTY SEC. 304. The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871-2880) is amended by adding at the end thereof the following new section: BENEFITS FOR CERTAIN RETIREES AND SURVIVING SPOUSES OF EMPLOYEES OF RADIO FREE EUROPE AND RADIO UBERTY 22 u s e 2881. "SEC. 12. The Congress hereby authorizes the Board to make available in accordance with the Supplemental Appropriations Act,
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1087 1983, $4,900,000 of the amount appropriated for the Board by that Ante, p. 301. Act for enhancement of (1) the pensions and cost-of-living adjust- ments of individuals who retired from RFE/RL, Incorporated, before January 1, 1976, and (2) the benefits to which surviving spouses of employees of RFE/RL, Incorporated, are entitled by virtue of the creditable service of such employees rendered before Janu- ary 1, 1976.". SALARY OF THE RFE/RL PRESIDENT SEC. 305, (a) The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871-2880), as amended by section 304 of this Act, is further amended by adding at the end thereof the following new section: " S A L A R Y O F T H E RFE/RL PRESIDENT "SEC. 13. Funds made available under this Act to RFE/RL, Incor- 22 USC 2882. porated, may not be used for the salary of the President of RFE/RL, Incorporated, at an annual rate in excess of the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.". (b) The amendment made by this section applies with respect to 22 use 2882 funds used for the salary of any President of RFE/RL, Incorporated, "°*®- who is appointed after the date of enactment of this Act. POLICY ON BROADCASTS OF RFE/RL AND THE VOICE OF AMERICA CONCERNING SOVIET RELIGIOUS PERSECUTION SEC. 306. It is the sense of the Congress that RFE/RL, Incorporated (commonly known as Radio Free Europe and Radio Liberty) and the Voice of America (VGA) are to be commended for their news and editorial coverage of the increasing religious persecu- tion in the Soviet Union, including the declining levels of Jewish emigration, and are encouraged to intensify their efforts in this regard. BALTIC DIVISION SEC. 307. None of the funds authorized to be appropriated by the Funding amendment made by section 302 of this Act may be used for a grant restriction. to RFE/RL, Incorporated, unless— (1) the Estonian, Latvian, and Lithuanian radio services of RFE/RL, Incorporated, are organized as a separate division within Radio Liberty; and (2) those radio services begin broadcasts under a name which would accurately reflect United States policy of not recognizing the illegal incorporation of Estonia, Latvia, and Lithuania into the Soviet Union. POUCY ON THE JAMMING BY THE SOVIET UNION OF BROADCASTS OF THE VOICE OF AMERICA AND RFE/RL SEC. 308. (a) The Congress finds that— (1) the permanent unrestrained flow of accurate information would greatly facilitate mutual understanding and world peace; (2) the Soviet Union and its allies are at present electronically jamming the broadcasts of the Voice of America and RFE/RL,
97 STAT. 1038 PUBLIC LAW 98-164—NOV. 22, 1983 Incorporated (commonly known as Radio Free Europe and Radio Liberty); and (3) electronic jamming of international broadcasts violates at least four international agreements: Article 35(1) of the Interna- 28 UST 2495. tional Telecommunications Union Convention, Article 19 of the Universal Declaration of Human Rights, Article 19 of the Inter- national Covenant on Civil and Political Rights, and the Final Act of the Conference on Security and Cooperation in Europe (commonly known as the Helsinki Accords), (b) It is the sense of the Congress that the President should urge the Government of the Soviet Union to terminate its jamming of the broadcasts of the Voice of America and RFE/RL, Incorporated. The Asia TITLE IV—THE ASIA FOUNDATION Foundation Act. SHORT TITLE 22 use 4401 SEC. 401. This title may be cited as "The Asia Foundation Act". note. FINDINGS 22 use 4401. SEC. 402. The Congress finds that— (1) The Asia Foundation, a private nonprofit corporation incorporated in 1954 in the State of California, has long been active in promoting Asian-American friendship and cooperation and in lending encouragement and assistance to Asians in their own efforts to develop more open, more just, and more demo- cratic societies; (2) The Asia Foundation's commitment to strengthening indigenous Asian institutions which further stable national development, constructive social change, equitable economic growth, and cooperative international relationships is fully con- sistent with and supportive of long-term United States interests in Asia; (3) The Asia Foundation, as a private organization, is able to conduct programs in response to Asian initiatives that would be difficult or impossible for an official United States instrumen- tality, and it is in a position in Asia to respond quickly and flexibly to meet new opportunities; (4) in recognition of the valuable contributions of The Asia Foundation to long-range United States foreign policy interests, the United States Government has, through a variety of agen- cies, provided financial support for The Asia Foundation; and (5) it is in the interest of the United States, and the further strengthening of Asian-American friendship and cooperation, to establish a more permanent mechanism for United States Gov- ernment financial support for the ongoing activities of The Asia Foundation, while preserving the independent character of the Foundation. GRANTS TO THE ASIA FOUNDATION 22 use 4402. SEC. 403. (a) The Secretary of State shall make an annual grant to The Asia Foundation with the funds made available under section 404. Such grants shall be in general support of the Foundation's programs and operations. The terms and conditions of grants pursu-
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1039 ant to this section shall be set forth in a grant agreement between the Secretary of State and The Asia Foundation. (b) If funds made available to The Asia Foundation pursuant to Interest. this title or pursuant to any other provision of law are, with the permission of the head of the Federal agency making the funds available, invested by the Foundation or any of its subgrantees pending disbursement, the resulting interest is not required to be deposited in the United States Treasury if that interest is used for the purposes for which the funds were made available. FUNDING SEC. 404. There are authorized to be appropriated to the Secretary 22 u s e UOil of State $5,000,000 for the fiscal year 1983, $10,000,000 for the fiscal year 1984, and $10,000,000 for the fiscal year 1985 for grants to The Asia Foundation pursuant to this title. TITLE V-NATIONAL ENDOWMENT FOR DEMOCRACY National Endowment for Democracy Act. SHORT TITLE SEC. 501. This title may be cited as the "National Endowment for 22 use 441 L Democracy Act". "°*^- NATIONAL ENDOWMENT FOR DEMOCRACY SEC. 502. (a) The Congress finds that there has been established in 22 u s e 4411. the District of Columbia a private, nonprofit corporation known as the National Endowment for Democracy (hereafter in this title referred to as the "Endowment") which is not an agency or estab- lishment of the United States Government. (b) The purposes of the Endowment, as set forth in its articles of incorporation, are— (1) to encourage free and democratic institutions throughout the world through private sector initiatives, including activities which promote the individual rights and freedoms (including internationally recognized human rights) which are essential to the functioning of democratic institutions; (2) to facilitate exchanges between United States private sector groups (especially the two major American political par- ties, labor, and business) and democratic groups abroad; (3) to promote United States nongovernmental participation (especially through the two major American political parties, labor, business, and other private sector groups) in democratic training programs and democratic institution-building abroad; (4) to strengthen democratic electoral processes abroad through timely measures in cooperation with indigenous demo- cratic forces; (5) to support the participation of the two major American political parties, labor, business, and other United States pri- vate sector groups in fostering cooperation with those abroad dedicated to the cultural values, institutions, and organizations of democratic pluralism; and (6) to encourage the establishment and growth of democratic development in a manner consistent both with the broad con- cerns of United States national interests and with the specific
97 STAT. 1040 PUBLIC LAW 98-164—NOV. 22, 1983 requirements of the democratic groups in other countries which are aided by programs funded by the Endowment. GRANTS TO THE ENDOWMENT 22 u s e 4412. SEC. 503. (a) The Director of the United States Information Agency shall make an annual grant to the Endowment to enable the Endowment to carry out its purposes as specified in section 502(b). Such grants shall be made with funds specifically appropriated for grants to the Endowment or with funds appropriated to the Agency for the "Salaries and Expenses" account. Such grants shall be made pursuant to a grant agreement between the Director and the Endowment which requires that grant funds will only be used for activities which the Board of Directors of the Endowment deter- mines are consistent with the purposes described in section 502(b), that the Endowment will allocate funds in accordance with subsec- tion (e) of this section, and that the Endowment will otherwise comply with the requirements of this title. The grant agreement may not require the Endowment to comply with requirements other than those specified in this title. Ob) Funds so granted may be used by the Endowment to carry out the purposes described in section 5020)), and otherwise applicable limitations on the purposes for which funds appropriated to the United States Information Agency may be used shall not apply to funds granted to the Endowment. Restriction. (c) Nothing in this title shall be construed to make the Endow- ment an agency or establishment of the United States Government •or to make the members of the Board of Directors of the Endow- ment, or the officers or employees of the Endowment, officers or employees of the United States. (d) The Endowment and its grantees shall be subject to the appropriate oversight procedures of the Congress. (e) Of the amounts made available to the Endowment for each of the fiscal years 1984 and 1985 to carry out programs in furtherance of the purposes of this Act— (1) not less than $13,800,000 shall be for the Free Trade Union Institute; and (2) not less than $2,500,000 shall be to support private en- terprise development programs of the National Chamber Foundation. EUGIBIUTY OF THE ENDOWMENT FOR GRANTS 22 u s e 4413. SEC. 504. (a) Grants may be made to the Endowment under this title only if the Endowment agrees to comply with the requirements specified in this section and elsewhere in this title. Ot)Xl) The Endowment may only provide funding for programs of private sector groups and may not carry out programs directly. (2) The Endowment may provide funding only for programs which are consistent with the purposes set forth in section 502(b). Salary or (c)(1) Officers of the Endowment may not receive any salary or compensation. other compensation from any source, other than the Endowment, for services rendered during the period of their employment by the Endowment. Travel expenses. (2) If an individual who is an officer or employee of the United States Government serves as a member of the Board of Directors or as an officer or employee of the Endowment, that individual may
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1041 not receive any compensation or travel expenses in connection with services performed for the Endowment. (dXl) The Endowment shall not issue any shares of stock or Stock or declare or pay any dividends. dividends. (2) No part of the assets of the Endowment shall inure to the benefit of any member of the Board, any officer or employee of the Endowment, or any other individual, except as salary or reasonable compensation for services. (eXD The accounts of the Endowment shall be audited annually in Audits. accordance with generally accepted auditing standards by independ- ent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the Endowment are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the Endowment and necessary to facilitate the audits shall be made available to the person or persons conduct- ing the audits; and full facilities for verifying transactions with any assets held by depositories, fiscal sigents, and custodians shall be afforded to such person or persons. (2) The report of each such independent audit shall be included in Report. the annual report required by subsection (h). The audit report shall set forth the scope of the audit and include such statements as are necessary to present fairly the Endowment's assets and liabilities, surplus or deficit, with an analysis of the changes therein during the year, supplemented in reasonable detail by a statement of the Endowment's income and expenses during the year, and a statement of the application of funds, together with the independent auditor's opinion of those statements. (f)(1) The financial transactions of the Endowment for each fiscal GAO audit, year may be audited by the General Accounting Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places where accounts of the Endowment are normally kept. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the Endowment per- taining to its financial transactions and necessary to facilitate the audit; and they shall be afforded full facilities for verifying transac- tions with any assets held by depositories, fiscal agents, and custo- dians. All such books, accounts, records, reports, files, papers, and property of the Endowment shall remain in the possession and custody of the Endowment. (2) A report of each such audit shall be made by the Comptroller Report to General to the Congress. The report to the Congress shall contain Congress. such comments and information as the Comptroller General may deem necessary to inform the Congress of the financial operations and condition of the Endowment, together with such recommenda- tions with respect thereto as he may deem advisable. The report shall also show specifically any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made contrary to the requirements of this title. A copy Report to of each report shall be furnished to the President and to the President. Endowment at the time submitted to the Congress.
97 STAT. 1042 PUBLIC LAW 98-164—NOV. 22, 1983 Recordkeeping. (g)(1) The Endowment shall ensure that each recipient of assist- ance provided through the Endowment under this title keeps such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of such assist- ance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. Information (2) The Endowment shall ensure that it, or any of its duly author- accessibility. ized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance provided through the Endowment under this title. The Comptroller General of the United States or any of his duly authorized representatives shall also have access thereto for such purpose. Report to (h) Not later than December 31 of each year, the Endowment shall President and submit an annual report for the preceding fiscal year to the Presi- Congress. dent for transmittal to the Congress. The report shall include a comprehensive and detailed report of the Endowment's operations, activities, financial condition, and accomplishments under this title and may include such recommendations as the Endowment deems appropriate. The Board members and officers of the Endowment shall be available to testify before appropriate committees of the Congress with respect to such report, the report of any audit made by the Comptroller General pursuant to subsection (f), or any other matter which any such committee may determine. Foreign Missions TITLE VI—FOREIGN MISSIONS Amendments Act of 1983. SHORT TITLE 22 u s e 4301 SEC. 601. This title may be cited as the 'Foreign Missions Amend- note. ments Act of 1983". REQUIREMENT FOR LIABILITY INSURANCE SEC. 602. Section 6 of the Diplomatic Relations Act (22 U.S.C. 254e) is amended— (1) in subsection (a) by striking out "President" and inserting in lieu thereof "Director of the Office of Foreign Missions in the Department of State"; (2) in subsection (b) by striking out "The President shall, by regulation, establish liability insurance requirements" and inserting in lieu thereof "The Director of the Office of Foreign Missions shall, by regulation, establish liability insurance requirements which can reasonably be expected to afford ade- quate compensation to victims and which are"; and (3) in subsection (c) by striking out "President" and inserting in lieu thereof "Director of the Office of Foreign Missions'. E N F O R C E M E N T O F COMPLIANCE WITH LIABILITY INSURANCE REQUIREMENTS SEC. 603. Title II of the State Department Basic Authorities Act of 1956 is amended by inserting after section 204 (22 U.S.C. 4304) the following new section:
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1043 ENFORCEMENT OF COMPUANCE WITH UABIUTY INSURANCE REQUIREMENTS "SEC. 204A. (aXD The head of a foreign mission shall notify 22 use 4304a promptly the Director of the lapse or termination of any liability insurance coverage held by a member of the mission, by a member of the family of such member, or by an individual described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13,1946. 21 UST 1418. "(2) Not later than February 1 of each year, the head of each Report transmittal. foreign mission shall prepare and transmit to the Director a report including a list of motor vehicles, vessels, and aircraft registered in the United States by members of the mission, members of the families of such members, individuals described in section 19 of the Convention on Privileges and Immunities of the United Nations of February 13,1946, and by the mission itself. Such list shall set forth for each such motor vehicle, vessel, or aircraft— "(A) the jurisdiction in which it is registered; "(B) the name of the insured; "(C) the name of the insurance company; "(D) the insurance policy number and the extent of insurance coverage; and "(E) such other information as the Director may prescribe. "(b) Whenever the Director finds that a member of a foreign mission, a member of the family of such member, or an individual described in section 19 of the Convention on Privileges and Immuni- ties of the United Nations of February 13,1946— 21 UST 1418. "(1) is at fault for personal injury, death, or property damage arising out of the operation of a motor vehicle, vessel, or aircraft in the United States, "(2) is not covered by liability insurance, and "(3) has not satisfied a court-rendered judgment against him or is not legally liable, the Director shall impose a surcharge or fee on the foreign mission Surcharge or fee. of which such member or individual is a part, amounting to the unsatisfied portion of the judgment rendered against such member or individual or, if there is no court-rendered judgment, an estimated amount of damages incurred by the victim. The payment of any such surcharge or fee shall be available only for compensa- tion of the victim or his estate. "(c) For purposes of this section— "(1) the term 'head of a foreign mission' has the same mean- ing as is ascribed to the term 'head of a mission' in Article 1 of the Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227); and "(2) the terms 'members of a mission' and 'family' have the same meanings as is ascribed to them by paragraphs (1) and (2) of section 2 of the Diplomatic Relations Act (22 U.S.C. 254a).". DIRECTOR OF THE OFFICE OF FOREIGN MISSIONS SEC. 604. (a) Section 203 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4303) is amended in subsection (a)— (1) in the second sentence by striking out "appointed by the Secretary" and inserting in lieu thereof "appointed by the President by and with the advice and consent of the Senate"; and
97 STAT. 1044 PUBLIC LAW 98-164—NOV. 22, 1983 (2) by adding at the end thereof the following: "The Director shall have the rank of ambassador. The Director shall be an individual who is a member of the Foreign Service, who has been a member of the Foreign Service for at least ten years, who has significant administrative experience, and who h£is served in countries in which the United States has had significant problems in assuring the secure and efficient operations of its missions as the result of the actions of other countries.". (b) Such section is further amended by redesignating subsection (b) as subsection (c) and by inserting the following new subsection (b) after subsection (a): "(b) There shall also be a Deputy Director of the Office of Foreign Missions who shall be an individual who has served in the United States intelligence community.". 22 use 4303 (c) The amendments made by this section shall apply with respect "°*®" to any Director of the Office of Foreign Missions, and to any Deputy Director of the Office of Foreign Missions, appointed after the date of enactment of this Act. EXTRAORDINARY PROTECTIVE SERVICES SEC. 605. (a) Of the amounts authorized to be appropriated for "Administration of Foreign Affairs" by section 102(1) of this Act, $6,000,000 for the fiscal year 1984 and $6,300,000 for the fiscal year 1985 may be used for the provision of protective services directly or by contract in locations for which funds are not otherwise available to provide such services, to the extent deemed necessary by the Secretary of State in carrying out title II of the State Department 22 use 4301. Basic Authorities Act of 1956 (relating to foreign missions), except that amounts used under this section shall not be subject to the 22 use 4308. provisions of section 208(h) of that Act. (b) The Secretary of State may provide funds to a State or local authority for protective services under this section only if the Secretary has determined that a threat of violence, or other circum- stance, exists which requires extraordinary security measures which exceed those which local law enforcement agencies can reasonably be expected to take. (c) Funds may be obligated under this section only after regula- tions to implement this section have been issued by the Secretary of State after consultation with appropriate committees of the Con- gress. (d) No more than 20 per centum of funds available for obligation under this section in any fiscal year may be obligated for protective services within any single State during that year. Time period. (e) Any agreement with a State or local authority for the provision of protective services under this section shall be for a period of not to exceed ninety days in any calendar year, but such agreements may be renewed after review by the Secretary of State. (f) Not less than 15 per centum of funds available for obligation under this section each fiscal year shall be retained as a reserve for protective services provided directly by the Secretary of State or for expenditures in local jurisdictions not otherwise covered by an agreement for protective services under this section.
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1045 TITLE VII—INTERNATIONAL ENVIRONMENTAL International PROTECTION Environment Protection Act of 1983. SHORT TITLE SEC. 701. This title may be cited as the "International Environ- 22 use 2i5i ment Protection Act of 1983". '^"^^ ENDANGERED SPECIES SEC. 702. Chapter 1 of part I of the Foreign Assistance Act of 1961 22 u s e 2151q. is amended by inserting immediately after section 118 (22 U.S.C. 2151p) the following new section: "SEC. 119. ENDANGERED SPECIES.—(a) The Congress finds the sur- vival of many animal and plant species is endangered by over- hunting, by the presence of toxic chemicals in water, air and soil, and by the destruction of habitats. The Congress further finds that the extinction of animal and plant species is an irreparable loss with potentially serious environmental and economic consequences for developing and developed countries alike. Accordingly, the preserva- tion of animal and plant species through the regulation of the hunting and trade in endangered species, through limitations on the pollution of natural ecosystems, and through the protection of wild- life habitats should be an important objective of the United States development assistance. "(b) In order to preserve biological diversity, the President is Wildlife preservation authorized to furnish assistance under this part to assist countries assistance. in protecting and maintaining wildlife habitats and in developing sound wildlife management and plant conservation programs. Spe- cial efforts should be made to establish and maintain wildlife sanc- tuaries, reserves, and parks; to enact and enforce anti-poaching measures; and to identify, study, and catalog animal and plant species, especially in tropical environments. "(c) The Administrator of the Agency for International Develop- ment, in conjunction with the Secretary of State, the Secretary of the Interior, the Administrator of the Environmental Protection Agency, the Chairman of the Council on Environmental Quality, and the heads of other appropriate Government agencies, shall develop a United States strategy, including specific policies and programs, to protect and conserve biological diversity in developing countries. "(d) Each annual report required by section 634(a) of this Act shall 22 u s e 2394. include, in a separate volume, a report on the implementation of this subsection. Not later than one year after the date of enactment Report to of this section, the President shall submit a comprehensive report to Congress. the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate on the United States strategy to protect and conserve biological diversity in devel- oping countries.". ENVIRONMENTAL EXCHANGES SEC. 703. (a) Section 1020)) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)) is amended— (1) by striking out "and" at the end of paragraph (9); (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; and"; and
97 STAT. 1046 PUBLIC LAW 98-164—NOV. 22, 1983 (3) by adding the following after paragraph (10): "(11) interchanges and visits between the United States and other countries of scientists, scholars, leaders, and other experts in the fields of environmental science and environmental management.", (b) Of the amount by which expenditures for the Fulbright Aca- demic Exchange Programs, for the Humphrey Fellowship Program, and for the International Visitor Program for each of the fiscal years 1984 and 1985 exceeds the expenditures for these programs in fiscal year 1982, 5 per centum shall be used to finance programs authorized by the amendment made by subsection (a) of this section. INTERNATIONAL WILDLIFE RESOURCES CONSERVATION Review. SEC. 704. (a) The Secretary of State and the Secretary of the Interior, in consultation with the heads of other concerned Federal agencies, shall undertake a review of the effectiveness of existing United States international activities relating to the conservation of international wildlife resources and shall develop recommendations Report to to substantially improve existing capabilities. On the basis of this congressional review, the Secretary of State and the Secretary of the Interior committees. shall, within six months after the date of enactment of this Act, transmit to chairman of the Committee on Foreign Relations of the Senate and to the chairman of the Committee on Foreign Affairs of the House of Representatives a report— (1) describing the programs of all Federal agencies concerned with international wildlife resources conservation programs; (2) recommending an integrated United States plan of action to assist foreign governments and international organizations in conserving wildlife, taking into account the projections in the Global 2000 study; (3) analyzing the extent to which the Department of State and other relevant Federal agencies are currently involved in— (A) the establishment of effective liaison with interna- tional, national, and local governmental and nongovern- mental agencies, organizations, and persons involved in or knowledgeable of wildlife resources conservation abroad; (B) the provision of expert international wildlife resources conservation staff assistance and advice to United States Embassies, Agency for International Development missions. United States overseas military installations, and other United States governmental or private interests; (C) facilitating the provision of advice or assistance to governments, agencies, or organizations which wish to enhance their wildlife resources conservation capabilities abroad; (D) the acquisition and dissemination of reliable data or information concerning— (i) the conservation status of species of wild fauna and flora; (ii) the conservation status of lands and waters upon which wild fauna and flora depend; (iii) existing or proposed laws, proclamations, stat- utes, orders, regulations, or policies which pertain to the taking, collecting, import, or export of wildlife resources, or to other aspects of international wildlife resources conservation;
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1047 (iv) the potential impact upon wildlife resources abroad of actions authorized, funded, or carried out by the United States Government; and (v) opportunities to initiate or enhance the efficiency of international wildlife resources conservation by the transfer of United States expertise through technical assistance, training, exchange of publications, or other means; (E) maintedning liaison, for the purposes of providing information needed to make sound conservation decisions, with persons responsible for implementing actions abroad which are authorized, funded, or carried out by Federal agencies or other persons under the jurisdiction of the United States; and (F) the performance of any other activities which may be relevant to the United States obligations, authorities, or interests in the field of international wildlife resources conservation; (4) recommending steps which could be taken to increase the capabilities of the Department of State and other relevant Federal agencies in carrying out the functions described in paragraph (3), including estimates of the costs of taking those steps and estimates of the personnel required to increase those capabilities; and (5) analyzing the desirability of delineating geographic regions abroad (which would be known as "International Wild- life Resources Conservation Regions") and assigning qualified members of the Foreign Service to be responsible for wildlife resource conservation issues in those regions. TITLE VIII—SOVIET-EASTERN EUROPEAN RESEARCH AND Soviet-Eastern European TRAINING Research and Training Act of SHORT TITLE 1983. SEC. 801. This title may be cited as the "Soviet-Eastern European 22 use 4501 Research and Training Act of 1983". """^^ FINDINGS AND DECLARATIONS SEC. 802. The Congress finds and declares that— 22 u s e 4501. (1) factual knowledge, independently verified, about the Soviet Union and Eastern European countries is of the utmost importance for the national security of the United States, for the furtherance of our national interests in the conduct of foreign relations, and for the prudent management of our domestic affairs; (2) the development and maintenance of knowledge about the Soviet Union and Eastern European countries depends upon the national capability for advanced research by highly trained and experienced specialists, available for service in and out of Government; (3) certain essential functions are necessary to ensure the existence of that knowledge and the capability to sustain it, including— (A) graduate training; (B) advanced research;
97 STAT. 1048 PUBLIC LAW 98-164—NOV. 22, 1983 (C) public dissemination of research data, methods, and findings; (D) c(»itact and collaboration among Government and private specialists; and (E) firsthand experience of the Soviet Union and Eastern European countries by American specialists, including on site conduct of advanced training and research to the extent practicable; and (4) it is in the national interest for the United States Govern- ment to provide a stable source of financial support for the functions described in this section and to supplement the finan- cial support for those functions which is currently being fur- nished by Federal, State, local, regional, and private agencies, organizations, and individuals, and thereby to stabilize the conduct of these functions on a national scale, consistently, and on a long range unclassified basis. DEFINITIONS 22 use 4502. SEC. 803. As used in this t i t l e - CD the term "institution of higher education" has the same meaning given such term in section 1201(a) of the Higher 20 use 1141. Education Act of 1965; and (2) the term "Advisory Committee" means the Soviet-Eastern European Studies Advisory Committee established by section 804(a). ESTABLISHMENT OF THE SOVIET-EASTERN EUROPEAN STUDIES ADVISORY COMMITTEE 22 use 4503. SEC. 804. (a) There is established within the Department of State the Soviet-Eastern European Studies Advisory Committee which shall be composed of the Secretary of State, the Secretary of Defense, the Secretary of Education, the Librarian of Congress, the President of the American Association for the Advancement of Slavic Studies, and the President of the Association of American Universities. The Secretary of State shall be the Chairman. Meetings. (b) The Advisory Committee shall meet at the call of the Chair- man and shall hold at least one meeting each year. Three members of the Advisory Committee shall constitute a quorum. (c) The Secretary of State may detail personnel of the Department of State to provide technical and clerical assistance to the Advisory Committee in carrying out its functions under this title. (d) The Advisory Committee shall recommend grant policies for the advancement of the objectives of this title. In proposing recipi- ents for grants under this title, the Advisory Committee shall give the highest priority to national organizations with an interest and expertise in conducting research and training concerning Soviet and Eastern European countries and in disseminating the results of such research. In making its recommendations, the Advisory Committee shall emphasize the development of a stable, long-term research program. AUTHORITY TO MAKE PAYMENTS 22 use 4504. SEC. 805. (a) The Secretary of State, after consultation with the Advisory Committee, shall make payments, in accordance with the
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1049 provisions of this section, out of funds made available to carry out this title. (b)(1) One part of the payments made in each fiscal year shall be Research used to conduct a national research program at the postdoctoral or program. equivalent level, such program to include— (A) the dissemination of information about the research pro- gram and the solicitation of proposals for research contracts from American institutions of higher education and not-for- profit corporations, such contracts to contain shared-cost provi- sions; and (B) the awarding of contracts for such research projects as the respective institution determines will best serve to carry out the purposes of this title after reviewing proposals submitted under subparagraph (A). (2) One part of the payments made in each fiscal year shall be used— (A) to establish and carry out a program of graduate, postdoc- Graduate, toral, and teaching fellowships for advanced training in Soviet postdoctoral and teaching and Eastern European studies and related studies, such fellowships. program— (i) to be coordinated with the research program described in paragraph (1); (ii) to be conducted, on a shared-cost basis, at American institutions of higher education; and (iii) to include— (I) the dissemination of information on the fellowship program and the solicitation of applications for fellow- ships from qualified institutions of higher education and qualified individuals; and (II) the awarding of such fellowships as the respective institution determines will best serve to carry out the purposes of this title after reviewing applications sub- mitted under subclause (I); and (B) to disseminate research, data, and findings on Soviet and Eastern European studies and related fields in such a manner and to such extent as the respective institution determines will best serve to carry out the purposes of this title. (3) One part of the payments made in each fiscal year shall be used— (A) to provide fellowship and research support for American specialists in the fields of Soviet and Eastern European studies and related studies to conduct advanced research with particu- lar emphasis upon the use of data on the Soviet Union and Eastern European countries; and (B) to conduct seminars, conferences, and other similar work- shops designed to facilitate research collaboration between Gov- ernment and private specialists in the fields of Soviet and East European studies and related studies. (4) One part of the payments made in each fiscal year shall be Specialized used to conduct specialized programs in advanced training and programs in advanced research on a reciprocal basis in the Union of Soviet Socialist training and. Republics and the countries of Esistern Europe designed to facilitate research. access for American specialists to research institutes, personnel, archives, documentation, and other research and training resources located in the Union of Soviet Socialist Republics and Eastern European countries.
97 STAT. 1050 PUBLIC LAW 98-164—NOV. 22, 1983 Language (5) One part of the payments made in each fiscal year shall be training. used to support language training in Russian and Eastern European Grants. languages. Such pasmients shall include grants to individuals to pursue such training and to summer language institutes operated by institutions of higher education. Preference shall be given for Rus- sian language studies. (6) Pa5mients may be made to carry out other research and training in Soviet and Eastern European studies not otherwise described in this section. APPLICATIONS; PAYMENTS TO ELIGIBLE ORGANIZATIONS 22 use 4505. SEC. 806. (a) Any institution seeking funding under this title shall prepare and submit an application to the Secretary of State once each fiscal year. Each such application shall— (1) provide a description of the purposes for which the pay- ments will be used in accordance with section 805; and (2) provide such fiscal control and such accounting procedures as may be necessary (A) to ensure a proper accounting of Federal funds paid under this title, and (B) to ensure the verification of the costs of the continuing education and research programs conducted under this title. OJ) Payments under this title may be made in installments, in advance, or by way of reimbursement, with necessary adjustments on account of overpayments and underpayments. REPORT 22 use 4506. SEC. 807. The Secretary of State shall prepare and submit to the President and the Congress at the end of each fiscal year in which an institution receives assistance under this title a report of the activities of such institution supported by such assistance, if the administrative expenses of such institution which are covered by such assistance represent more than 10 per centum of such assist- ance, together with such recommendations as the Advisory Commit- tee deems advisable. FEDERAL CONTROL OF EDUCATION PROHIBITED 22 use 4507. SEC. 808. Nothing contained in this title may be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction or research, administration, or personnel of any educational institution. ALLOCATION OF FUNDS 22 use 4508. SEC 809. Of the funds authorized to be appropriated by section 102(1) of this Act— (1) up to $5,000,000 for the fiscal year 1984 shall be available to carry out this title; and (2) $5,000,000 for the fiscal year 1985 shall be available only to carry out this title.
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1051 TERMINATION SEC. 810. The provisions of this title shall cease to be effective at 22 u s e 4509. the end of the ten-year period beginning on the date of enactment of this title. TITLE IX—UNITED STATES-INDIA FUND FOR CULTURAL, United States- EDUCATIONAL, AND SCIENTIFIC COOPERATION India Fund for Cultural, Educational, and SHORT TITLE Scientific Cooperation Act. SEC. 901. This title may be cited as the "United States-India Fund 22 u s e 290j for Cultural, Educational, and Scientific Cooperation Act". note. ESTABUSHMENT OF THE FUND SEC. 902. (a) The President is authorized to enter into an agree- 22 u s e 290j. ment with the Government of India for the establishment of a fund (hereafter in this title referred to as the "Fund") which would provide grants and other assistance for cultural, educational, and scientific programs of mutual interest. Such programs may include exchanges of persons, exchanges of information, and other programs of study, research, and scholarly cooperation. The agreement may also provide for the establishment of an endowment, a foundation, or other means to carry out the purposes of the agreement. (b) The United States representatives on any board or other entity created in accordance with the agreement to administer the Fund shall be designated by the President predominately from among representatives of United States Government agencies, including those administering programs which may be supported in whole or in part by the Fund. (c) United States Government agencies carrying out programs of the types specified in subsection (a) may receive amounts directly from the Fund for use in carrying out those programs. USE OF UNITED STATES OWNED RUPEES TO CAPITAUZE THE FUND SEC. 903. Subject to applicable requirements concerning reim- 22USC290J-1. bursement to the Treasury for United States owned foreign curren- cies, the President may make available to the Fund, for use in carrying out the agreement authorized by section 902, up to the equivalent of $200,000,000 in foreign currencies owned by the United States in India or owed to the United States by the Government of India. Such use may include investment in order to generate inter- Investments. est which would be retained in the Fund and used to support programs pursuant to that agreement. TITLE X—MISCELLANEOUS PROVISIONS Department of State Authorization INTER-AMERICAN FOUNDATION Act, Fiscal Years 1984 and 1985. SEC. 1001. Section 401(sX2) of the Foreign Assistance Act of 1969 (22 U.S.C. 290f(s)(2)) is amended in the first sentence by striking out "$12,000,000 for the fiscal year 1982 and $12,800,000 for the fiscal year 1983" and inserting in lieu thereof "$16,000,000 for the fiscal year 1984 and $16,000,000 for the fiscal year 1985".
97 STAT. 1052 PUBLIC LAW 98-164—NOV. 22, 1983 HUMAN RIGHTS ACTIVITIES SEC. 1002. (a) Section 116(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(e)) is amended— (1) by striking out "$1,500,000 of the funds made available under this chapter for each of the fiscal years 1982 and 1983" and inserting in lieu thereof "$3,000,000 of the funds made available under this chapter and chapter 4 of part II for each fiscal year"; (2) by inserting "(1)" immediately after "(e)"; and (3) by adding at the end thereof the following new paragraph: Grants. "(2)(A) Of the amounts made available to carry out this subsec- tion, $500,000 for the fiscal year 1984 and $1,000,000 for the fiscal year 1985 shall be used for grants to nongovernmental organizations in South Africa promoting political, economic, social, juridical, and humanitarian efforts to foster a just society and to help victims of apartheid. "(B) In making grants under this paragraph, priority should be given to those organizations or activities which contribute, directly or indirectly, to promoting a just society, to aiding victims of official discrimination, and to the nonviolent elimination of apartheid. Pri- ority should also be given to those organizations whose programs and activities evidence community support. Grants may be made only for organizations whose character and membership reflect the objective of a majority of South Africans for an end to the apartheid system of separate development and for interracial cooperation and justice. Grants may not be made under this paragraph to govern- mental institutions or organizations or to organizations financed or controlled by the Government of South Africa. Limitation. "(C)(i) Except as provided in clause (ii), grants under this para- graph may not to exceed $10,000. "(ii) Of the amounts allocated to carry out this paragraph, $100,000 shall be available each fiscal year only for grants to organizations which have available for their use resources whose value is at least equal to the amount of the grant under this paragraph. Grants of up to $30,000 may be made to such organiza- tions. For purposes of this clause, the term 'resources' includes, in addition to cash assets, in-kind assets and contributions such as equipment, materials, and staff and volunteer time. Report to "(D) Within nine months after the date of enactment of this Congress. paragraph, the Administrator of the Agency for International De- velopment shall prepare, in consultation with the Secretary of State, and shall submit to the Congress a report detailing grants and proposed grants under this paragraph and their conformity with the provisions of this paragraph.". (b) Section 624(f)(2) of such Act (22 U.S.C. 2384(f)(2)) is amended by inserting immediately before the semicolon at the end of subpara- graph (C) the following: ", and as part of the Assistant Secretary's overall policy responsibility for the creation of United States Gov- ernment human rights policy, advising the Administrator of the Agency for International Development on the policy framework Supra. under which section 116(e) projects are developed and consulting with the Administrator on the selection and implementation of such projects".
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1053 INTERNATIONAL NARCOTICS CONTROL SEC. 1003. (a) Section 481(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(a)) is amended to read as follows: "(a)(1) It is the sense of the Congress that— "(A) under the Single Convention on Narcotic Drugs, 1961, 18 UST 1407. each signatory country has the responsibility of limiting to licit purposes the cultivation, production, manufacture, sale, and other distribution of scheduled drugs; "(B) the international community should provide assistance, where appropriate, to those producer and transit countries which require assistance in discharging these primary obliga- tions; "(C) international narcotics control programs should include, as a priority, the progressive elimination of the illicit cultiva- tion of the crops from which narcotic and psychotropic drugs are derived, and should also include the suppression of the illicit manufacture of and traffic in narcotic and psychotropic drugs; and "(D) effective international cooperation is necessary to control the illicit cultivation, production, and smuggling of, trafficking in, and abuse of narcotic and psychotropic drugs. This cooperation should include the development and transmittal of plans by each signatory country to the Single Convention on Narcotic Drugs, 1961, in which illicit narcotics and psychotropic crop cultivation exists, which would advise the International Nar- cotics Control Board, the United Nations Commission on Narcotic Drugs, and the international community of the strategy, programs, and timetable such country has established for the progressive elimination of that cultivation. "(2) In order to promote such cooperation, the President is author- ized to conclude agreements with other countries to facilitate con- trol of the production, processing, transportation, and distribution of narcotics analgesics, including opium and its derivatives, other nar- cotic and psychotropic drugs, and other controlled substances. "(3) Notwithstanding any other provision of law, the President is authorized to furnish assistance to any country or international organization, on such terms and conditions as he may determine, for the control of narcotic and psychotropic drugs and other controlled (b) Section 481 of such Act (22 U.S.C. 2291) is amended by striking out subsection (e) and inserting in lieu thereof the following: "(e)(1) Not later than February 1 of each year, the President shall Report to transmit to the Speaker of the House of Representatives, and to the Congress. Committee on Foreign Relations of the Senate, a report on United States policy to establish and encourage an international strategy to prevent the illicit cultivation and manufacture of and traffic in narcotic and psychotropic drugs and other controlled substances. "(2)(A) Each report pursuant to this subsection shall describe the policies adopted, agreements concluded, and programs implemented by the Department of State in pursuit of its delegated responsibil- ities for international narcotics control, including policy develop- ment, bilateral and multilateral funding and other support for international narcotics control projects, representations of the United States Government to international organizations and agen- cies concerned with narcotics control, training of foreign enforce- ment personnel, coordination of the international narcotics control
97 STAT. 1054 PUBLIC LAW 98-164—NOV. 22, 1983 activities of United States Government agencies, and technical assistance to international demand reduction programs. "(B) Each such report shall also describe the activities of the United States in international financial institutions to combat the entry of illicit narcotic and psychotropic drugs and other controlled substances into the United States. "(C) Each such report shall describe the activities for the fiscal year just ended, for the current fiscal year, and for the next fiscal year. Identification of "(3) Each such report shall identify those countries which are the illicit drug significant direct or indirect sources of illicit narcotic and psycho- producing countries. tropic drugs and other controlled substances significantly affecting the United States. For each such country, each report shall include the following: "(A) A detailed status report, with such information as can be reliably obtained, on the illicit narcotic or psychotropic drugs or other controlled substances which are being cultivated, pro- duced, or processed in or transported through such country, noting significant changes in conditions, such as increases or decreases in the illicit cultivation and manufacture of and traffic in such drugs and substances. "(B) A description of the assistance under this chapter and the other kinds of United States assistance which such country received in the preceding fiscal year, which are planned for such country for the current fiscal year, and which are proposed for such country for the next fiscal year, with an analysis of the impact that the furnishing of each such kind of assistance has had or is expected to have on the illicit cultivation and manu- facture of and traffic in narcotic and psychotropic drugs and other controlled substances in such country. "(C) A description of the plans, programs, and timetables adopted by such country for the progressive elimination of the illicit cultivation of narcotic and pyschotropic drugs and other controlled substances, and a discussion of the adequacy of the legal and law enforcement measures taken and the accomplish- ments achieved in accord with these plans. U.S. assistance. "(4) In addition, each report pursuant to this subsection shall include, for each major illicit drug producing country for which the President is proposing to furnish United States assistance for the next fiscal year, a determination by the President of the maximum reductions in illicit drug production which are achievable during the next fiscal year. Such determination shall be based upon (A) the measures which the country is currently taking, and the measures which the country has planned for the next fiscal year, in order to prevent narcotic and psychotropic drugs and other controlled sub- stances from being cultivated, produced, or processed illicitly, in whole or in part in such country, from being transported through such country to United States Government personnel or their dependents, or from entering the United States unlawfully, and (B) the other information provided pursuant to this subsection. "(5) For each major illicit drug producing country which received United States assistance for the preceding fiscal year, each report pursuant to this subsection shall set forth the actual reductions in illicit drug production achieved by that country during such fiscal year. Consultations. "(f) As soon as possible after the transmittal of the report required by subsection (e), the designated representatives of the President
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1055 shall initiate appropriate consultations with members of the Com- mittee on Foreign Relations of the Senate and members of the Committee on Foreign Affairs of the House of Representatives. Such consultations shall include in-person discussions by designated rep- resentatives of the President (including the Assistant Secretary of State for International Narcotics Control and appropriate repre- sentatives of the Department of Health and Human Services, the Department of the Treasury, the Department of Defense, the Department of Justice, and the Agency for International Develop- ment) to review the worldwide illicit drug production situation and the role that United States assistance to major illicit drug producing countries, and United States contributions to international financial institutions, have in combating the entry of illicit narcotic and pyschotropic drugs and other controlled substances into the United States. Such consultation shall include, with respect to each major illicit drug producing country for which the President is proposing to furnish United States assistance for the next fiscal year, the furnishing of— "(1) a description of the nature of the illicit drug production problem; "(2) an analysis of the climatic, geographic, political, eco- nomic, and social factors that affect the illicit drug production; "(3) a description of the methodology employed to determine the maximum achievable reductions in illicit drug production described pursuant to subsection (e)(4); and "(4) an analysis of any additional United States assistance that would be required to achieve those reductions. The chairman of the Committee on Foreign Relations and the Publication in chairman of the Committee on Foreign Affairs shall each cause the Congressional Record. substance of each consultation to be printed in the Congressional Record. "(g) After consultations have been initiated pursuant to subsec- Hearing tion (f), the Committee on Foreign Relations and the Committee on Foreign Affairs should hold a hearing to review the report submit- ted pursuant to subsection (e), especially the determinations described in subsection (e)(4). The hearing shall be open to the public unless the committee determines, in accordance with the rules of its House, that the hearing should be closed to the public. "(h)(1) If the President determines that a major illicit drug produc- Suspension of ing country has failed to take adequate steps to prevent narcotic and U.S. assistance. psychotropic drugs and other controlled substances produced or processed, in whole or in part, in such country or transported through such country, from being sold illegally within the jurisdic- tion of such country to United States Government personnel or their dependents or from being smuggled into the United States— "(A) the President shall suspend United States assistance to or for such country; and "(B) the Secretary of the Treasury shall instruct the United States Executive Director of the International Bank for Recon- struction and Development, the United States Executive Direc- tor of the International Development Association, the United States Executive Director of the Inter-American Development Bank, and the United States Executive Director of the Asian Development Bank, to vote against any loan or other utilization of the funds of their respective institution to or for such country.
97 STAT. 1056 PUBLIC LAW 98-164—NOV. 22, 1983 "(2) In determining whether adequate steps have been taken, the President shall give foremost consideration to whether the actions of the government of the country have resulted in the maximum reductions in illicit drug production which were determined to be achievable pursuant to subsection (eX4). The President shall also consider whether such government has taken the legal and law enforcement measures to enforce in its territory, to the maximum extent possible, the elimination of illicit cultivation and the suppres- sion of illicit manufacture of and traffic in narcotic and psychotropic drugs and other controlled substances, as evidenced by seizures of such drugs and substances and of illicit laboratories and the arrest and prosecution of violators involved in the traffic in such drugs and substances significantly affecting the United States. Report to "(3) If assistance to a country is suspended pursuant to this Congress. subsection, such suspension shall continue in force until the Presi- dent determines, and reports to the Congress in writing, that the government of such country has taken the adequate steps described in paragraph (2) of this subsection, including— "(A) having prepared, presented, and committed itself to a plan providing for the control, reduction, and gradual elimina- tion of the illicit cultivation, production, processing, transporta- tion, and distribution of narcotic and psychotropic drugs and other controlled substances within an explicitly stated period of time, with implementation commencing prior to the resumption of United States assistance to or for such country and prior to approval by the United States of the extension of any loan or the furnishing of any financial or technical assistance by any international financial institution to such country; and "(B) having taken legal and law enforcement measures to enforce effective suppression of the illicit cultivation, produc- tion, processing, transportation, and distribution of narcotic and pyschotropic drugs and other controlled substances. Definitions. "(i) As used in this section— "(1) the term 'legal and law enforcement measures' means— "(A) the enactment and implementation of laws and regu- lations or the implementation of existing laws and regula- tions to provide for the progressive control, reduction, and gradual elimination of the illicit cultivation, production, processing, transportation, and distribution of narcotic drugs and other controlled substances; and "(B) the effective organization, staffing, equipping, fund- ing, and activation of those governmental authorities responsible for narcotics control; "(2) the term 'major illicit drug producing country' means a country producing five metric tons or more of opium or opium derivative during a fiscal year or producing five hundred metric tons or more of coca or marijuana (as the case may be) during a fiscal year; "(3) the term 'narcotic and psychotropic drugs and other controlled substances' has the same meaning as is given by any applicable international narcotics control agreement or domes- tic law of the country or countries concerned; and "(4) the term 'United States assistance' means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government to any foreign country, including—
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1057 "(A) assistance under this Act (including programs under title IV of chapter 2 of this part); "(B) sales, credits, and guaranties under the Arms Export Control Act; 22 USC 2751 "(C) sales under title I or III and donations under title II ^°^^- of the Agricultural Trade Development and Assistance Act of 1954 of nonfood commodities; 7 USC 1701, "(D) other financing programs of the Commodity Credit ^^^^' ^^^^ Corporation for export sales of nonfood commodities; and "(E) financing under the Export-Import Bank Act of 1945; 12 USC 635 note. except that the term 'United States assistance' does not include (i) international narcotics control assistance under this chapter, (ii) disaster relief assistance (including any assistance under chapter 9 of this part), (iii) assistance which involves the provi- sion of food or medicine, (iv) assistance for refugees, (v) assist- ance under the Inter-American Foundation Act, or (vi) activities authorized pursuant to the National Security Act of 1947 (50 U.S.C. 401 et seq.), the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), or Executive Order Number 12333 (December 4,1981). 50 USC 401 note, "(j) The Department of State shall encourage the International Narcotics Control Board and the United Nations Commission on Narcotic Drugs to take such actions as are appropriate and neces- sary to secure from signatory countries to the Single Convention on Narcotic Drugs, 1961, the plans described in this section, and to 18 UST 1407. obtain reports from such countries on their achievements under such plans.". TERMINATION OF ASSISTANCE PROGRAMS FOR SYRIA SEC. 1004. (a) After the enactment of this section, funds available 22 use 2346a to the Agency for International Development may not be used for "°*®- any payment or reimbursement of any kind to the Government of Syria or for the delivery of any goods or services of any kind to the Government of Syria. (b) The Administrator of the Agency for International Develop- ment shall deobligate all funds which have been obligated for Syria under the Foreign Assistance Act of 1961 prior to the enactment of 22 USC 2151 this section, except that— ^°^- (1) such funds may continue to be used to finance the training or studies outside of Syria of students whose course of study began before the enactment of this section; (2) the Administrator may adopt as a contract of the United States Government any contract with a United States or third- country contractor which would otherwise be terminated pursu- ant to this subsection, and may assume in whole or in part any liabilities arising under such contract, except that the authority provided by this paragraph may be exercised only to the extent that budget authority is available to meet the obligations of the United States under such contracts; and (3) amounts certified pursuant to section 1311 of the Supple- mental Appropriation Act, 1955, as having been obligated for 31 USC 1108, Syria under chapter 4 of part II of the Foreign Assistance Act of l^Ol, 1502. 1961 shall continue to be available until expended to meet 22 USC 2346. necessary expenses arising from the termination of assistance programs for Syria pursuant to this subsection. 11-194 0 - 8 5 — 3 5 : QL 3
97 STAT. 1058 PUBLIC LAW 98-164—NOV. 22, 1983 PROHIBITION ON CERTAIN ASSISTANCE TO THE KHMER ROUGE IN KAMPUCHEA 22 use 2151 SEC. 1005. (a) Notwithstanding any other provision of law, none of ^°^- the funds authorized to be appropriated by this Act or any other Act may be obligated or expended for the purpose or with the effect of promoting, sustaining, or augmenting, directly or indirectly, the capacity of the Khmer Rouge or any of its members to conduct military or paramilitary operations in Kampuchea or elsewhere in Indochina. (b) All funds appropriated before the date of enactment of this section which were obligated but not expended for activities having the purpose or effect described in subsection (a) shall be deobligated and shall be deposited in the Treasury of the United States as miscellaneous receipts. (c) This section shall not be construed as limiting the provision of food, medicine, or other humanitarian assistance to the Kampu- chean people. RAOUL WALLENBERG AND JAN KAPLAN SEC. 1006. (a) The Congress finds that— (1) the Soviet Union arrested one of the great heroes of modern times in 1945 when they arrested Raoul Wallenberg; (2) Raoul Wallenberg was a Swedish diplomat who, at great personal risk, had acted to save hundreds of thousands of Hungarian Jews from the Nazi Holocaust; (3) Raoul Wallenberg took these actions as a humanitarian and with the knowledge, consent, and financial assistance of the United States Government; (4) Raoul Wallenberg has recently been made an honorary citizen of the United States; (5) the Soviet Union has changed their story a number of times about the whereabouts of Raoul Wallenberg; (6) the most recent position of the Soviet Union is that he died in 1947; (7) there are many eyewitnesses who have testified that they saw Raoul Wallenberg in Russian prisons and hospitals in the decades since the 1940 s; (8) one of the most recent eyewitnesses was J a n Kaplan, a Russian refusnik who shortly after his release from a Soviet jail in 1977, phoned his daughter. Doctor Anna Bilder, in Israel and reported that he had met a Swede in prison who had survivied thirty years in the Gulag; (9) during the next two years, Anna Bilder received no further word from or about her father; (10) in July 1977, Jan Kaplan's wife smuggled a letter to Doctor Bilder informing her that Jan Kaplan had been rearrested because of a letter he had tried to smuggle to her about Raoul Wallenberg; (11) in 1980, the Swedish Government sent an official request to interview Jan Kaplan; (12) the Soviets made no response to this request; (13) the whereabouts of Jan Kaplan are not known; and (14) Jan Kaplan could provide valuable information about Raoul Wallenberg. (b) It is the sense of the Congress that the President, acting directly or through the Secretary of State, should take all possible
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1059 steps at all appropriate times to ascertain the whereabouts of Jan Kaplan and to request an interview with him in order to learn more concerning the whereabouts of Raoul Wallenberg. POLICY TOWARD THE EXPORT OF NUCLEAR-RELATED EQUIPMENT, MATE- RIALS, OR TECHNOLOGY TO INDIA, ARGENTINA, AND SOUTH AFRICA SEC. 1007. (a) It is the sense of Congress that the United States Government should disapprove the export of, and should suspend or revoke approval for the export of, any nuclear-related equipment, material, or technology, including nuclear components and heavy water, to the Government of India, Argentina, or South Africa until such time as such government gives the Government of the United States stronger nuclear nonproliferation guarantees. Such guaran- tees should include— (1) reliable assurances by such government that it is not engaged in any program leading to the development, testing, or detonation of nuclear explosive devices; and (2) agreement by such government to accept international safeguards on all its nuclear facilities. OJ) If the President determines, in the case of India's Tarapur reactor, while it is under International Atomic Energy Agency inspection, that certain equipment or nonnuclear material or tech- nology is necessary for humanitarian reasons to protect the health and safety of operations and is not available from a foreign supplier, the President may authorize the export of such equipment or non- nuclear material or technology. ACID RAIN SEC. 1008. (a) The Congress finds the following: (1) Acid deposition, commonly known as "acid rain" is believed to have caused serious damage to the natural environ- ment in large parts of Canada and the United States and has raised justified concerns among citizens of both countries. (2) Acid rain is believed to have caused billions of dollars of damage annually to both natural and manmade materials. It damages crops and the forests which support 25 per centum of the Canadian economy and much of our own. It threatens marine life in fresh water lakes, rivers, and streams. (3) The principal sources of acid rain are believed to be emissions resulting from power generation, industrial produc- tion, mineral smelters, and automobile transportation which originate in both the United States and Canada and which affect the environment of the other. (4) Section 612 of the Foreign Relations Authorization Act, fiscal year 1979, called upon the President to "make ever effort 42 use 7415 to negotiate a cooperative agreement with the Government of '^°*®- Canada aimed at preserving the mutual airshed of the United States and Canada so as to protect and enhance air resoures". (5) On August 5, 1980, the Governments of Canada and the United States signed a Memorandum of Intent committing both parties "to develop a bilateral agreement which will reflect and further the development of effective domestic control programs and other measures to combat transboundary air pollution," and, as an interim action, committing both parties to "promote
97 STAT. 1060 PUBLIC LAW 98-164—NOV. 22, 1983 vigorous enforcement of existing laws and regulations" and "to develop domestic air pollution control policies and strategies, and as necessary and appropriate, seek legislative or other support to give effect to them". (6) The Government of Canada has made a formal offer to reduce eastern emissions of sulfur dioxide by 50 per centum by 1990 should the United States make a comparable commitment. (7) Both the United States and Canada have taken steps to reduce transboundary pollutants. Present United States air emission standards are the most stringent in the world. In the past decade, the United States has reduced sulfur dioxide emis- sions by 15 per centum. However, the failure of the United States to respond in a timely manner to concerns about trans- boundary air pollution would harm the historically close relations between the United States and Canada. (8) The strategies and techniques adopted to control air pollu- tion emissions should weigh heavily the employment and other economic effects on emplo3rment in the United States and Canada of the acid precipitation, electricity generation, manu- facture, distribution and installation of pollution control equip- ment, and any curtailment of emission producing industrial activity. Ob) It is therefore the sense of the Congress that the President should— (1) respond constructively to the Canadian offer on air pollu- tion emissions; (2) proceed to negotiate as expeditiously as possible a bilateral agreement with Canada providing for significant reductions in transboundary air pollution while keeping economic disloca- tions in both countries to the minimum possible; and (3) consider prompt initiation of a joint Government-sup- ported program to develop new cost-effective technologies that will facilitate reduction of sulfur dioxide emissions and other copoUutants; Report to (4) instruct the Secretary of State to report to the Congress no congress. later than December 1,19o3, on the progress toward achieving a new transboundary air pollution agreement, including a cooper- ative program on new technologies. INTERNATIONAL AGREEMENTS ON NATURAL GAS SEC. 1009. (a) The Congress finds that— (1) the foreign policy and economic well-being of the United States depend on mutually beneficial relationships with our trading partners throughout the world; (2) America's present economic difficulties have been caused in part by the huge increases in the price of energy, especially imported energy, during the 1970's; (3) at a time when prices for other forms of energy are stabilizing or falling, the burner-tip price of natural gas contin- ues to rise throughout the United States; (4) the high price of natural gas is a severe hardship for low- income persons, the elderly, the agricultural industry, small businesses, and other consumers without alternative fuel sources; (5) high-priced imported natural gas is a major factor contrib- uting to these price increases;
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1061 (6) imports of high-priced natural gas continue at prices above fair market levels, despite the increased availability of uncom- mitted and ample supplies of lower priced domestic gas; (7) it is in the interest of the United States to continue to import natural gas from secure sources in whatever quantity consumers require, as long as the price is fair; (8) the principles of free and fair international trade require that natural gas prices and terms of trade be made fair to all trading partners; and (9) the immediacy of this problem requires the prompt and serious attention of all parties involved. (b) It is the sense of the Congress that— (1) the United States Government should move immediately to promote lower prices and fair market conditions for imported natural gas; and (2) within thirty days after the date of enactment of this Report to section, the Secretary of State, with the assistance of the Secre- Congress. tary of Energy, should prepare and transmit to the Congress a report on the progress made in achieving lower prices and fair market conditions for imported natural gas. PREPUBLICATION REVIEW OF WRITINGS OF FORMER FEDERAL EMPLOYEES SEC. 1010. The head of a department or agency of the Government may not, before April 15, 1984, enforce, issue, or implement any rule, regulation, directive, policy, decision, or order which (1) would require any officer or employee to submit, after termination of employment with the Government, his or her writings for prepubli- cation review by an officer or employee of the Government, and (2) is different from the rules, regulations, directives, policies, decisions, or orders (relating to prepublication review of such writings) in effect on March 1,1983. ELIMINATION AND MODIFICATION OF REPORTS SEC. 1011. (a) The following provisions are repealed: (1) Section 126(c) of the Foreign Relations Authorization Act, fiscal year 1979 (22 U.S.C. 2691 note). (2) Section 4050t)) of the Foreign Relations Authorization Act, fiscal year 1979 (22 U.S.C. 1048 note). (3) Section 12(d) of the Taiwan Relations Act (22 U.S.C. 3311(d)). (4) Section 4 of the Act of November 13, 1979 (Public Law Repeal. 96-110; 93 Stat. 844). (5) Section 109(a)(7) of the Foreign Relations Authorizations Act, fiscal year 1978 (22 U.S.C. 2384 note). (6) Section 411 of the International Development Cooperation Repeal. Act of 1979 (22 U.S.C. 3511). (b) Section 412(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(b)(1)(B)) is amended— (1) by striking out the first sentence; and (2) by striking out "after such study" in the second sentence.
97 STAT. 1062 PUBLIC LAW 98-164—NOV. 22, 1983 EXTENDED VOLUNTARY DEPARTURE STATUS FOR CERTAIN EL SALVADORANS SEC. 1012. (a) The Congress finds that— (1) ongoing fighting between the military forces of the Gov- ernment of El Salvador and opposition forces is creating poten- tially life-threatening situations for innocent nationals of El Salvador; (2) thousands of El Salvadoran nationals have fled from El S^vador and entered the United States since January 1980; (3) currently the United States Government is detaining these nationals of El Salvador for the purpose of deporting or other- wise returning them to El Salvador, thereby irreparably harm- ing the foreign policy image of the United States; (4) deportation of these nationals could be temporarily sus- pended, until it became safe to return to El Salvador, if they are provided with extended voluntary departure status; and (5) such extended voluntary departure status has been granted in recent history in cases of nationals who fled from Vietnam, Laos, Iran, and Nicaragua. (b) Therefore, it is the sense of the Congress that— (1) the Secretary of State should recommend that extended voluntary departure status be granted to aliens— (A) who are nationals of El Salvador, (B) who have been in the United States since before January 1,1983, (C) who otherwise qualify for voluntary departure (in lieu of deportation) under section 242(b) or 244(e) of the Immi- gration and Nationality Act (8 U.S.C. 1252(b) and 1254(e)), and (D) who were not excludable from the United States at the time of their entry on any ground specified in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) other than the grounds described in paragraphs (14), (15), (20), (21), and (25); and (2) such status should be granted to those aliens until the situation in El Salvador has changed sufficiently to permit their safely residing in that country. EXPEDITED PROCEDURES FOR CERTAIN JOINT RESOLUTIONS AND BILLS 50 use 1546a. SEC. 1013. Any joint resolution or bill introduced in either House which requires the removal of United States Armed Forces engaged in hostilities outside the territory of the United States, its possessions and territories, without a declaration of war or specific statutory authorization shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance
PUBLIC LAW 98-164—NOV. 22, 1983 97 STAT. 1063 and Arms Export Control Act of 1976, except that any such resolu- 90 Stat. 765. tion or bill shall be amendable. If such a joint resolution or bill should be vetoed by the President, the time for debate in considera- tion of the veto message on such measure shall be limited to twenty hours in the Senate and in the House shall be determined in accordance with the Rules of the House. Approved November 22, 1983. LEGISLATIVE HISTORY—H.R. 2915 (S. 1342): HOUSE REPORTS: No. 98-130 (Comm. on Foreign Affairs) and No. 98-563 (Comm. of V oriTf'T'pncf*) SENATE REPORT No. 98-143 accompanying S. 1342 (Comm. on Foreign Relations). CONGRESSIONAL RECORD, Vol. 129 (1983): June 9, considered and passed House. Sept. 22, 23, Oct. 5, 19, S. 1342 considered in Senate. Oct. 20, considered and passed Senate, amended, in lieu of S. 1342. Nov. 17, 18, conference report considered and passed House. Nov. 18, Senate agreed to conference report.