The text of the bill below is as of Nov 22, 1983 (Passed Congress).
You are reading a bill enacted 14,370 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
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.
