S. 1394 REPORT NO. 100-75 A BILL TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 1988 FOR THE DEPARTMENT OF STATE, THE UNITED STATES INFORMATION AGENCY, THE BOARD FOR INTERNATIONAL BROADCASTING, AND FOR OTHER PURPOSES.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00004R001000020001-4
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• Document Creation Date: December 27, 2016
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• Content Type: REGULATION

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100Tx CONGRESS
1$T SESSION
Calendar No. 173
5.1394
[Report No. 100-?5]
To authorize appropriations for fiscal year 1988 for the Department of State, the
United States Information Agency, the Board for International Broadcasting,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
.TUNE 18, 1987
Mr. PELL, from the Committee on Foreign Relations, reported the following
original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 1988 for the Depart-
ment of State, the United States Information Agency, the
Board for International Broadcasting, and for other
purposes.
1 Be it enacted by the Senate and House o f Representa-
2 tives o f the United States o f America in Congress assembled,
3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
4 (&~ SHORT TITLE.-This Act may be cited as the "For-
5 eign Relations Authorization Act, Fiscal Year 1988".
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(b) TABLE OF CONTENTS.-The table of contents for
2 this Act is as follows:
TABLE OF CONTENTS
Sec. 1. Short title and table of contents.
TITLE I-THE DEPARTMENT OF STATE
PAST A-AUTHO$IZATION OF APP$OP$IATIONS; ALLOCATIONS OF FUNDS;
REST$ICTIONS
Sec. 101. Administration of foreign affairs.
Sec. 102. Contributions to international organizations and conferences; international
peacekeeping activities.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. The Asia Foundation and other programs.
Sec. 106. Reduction of capital construction account.
Sec. 107. Consular posts and diplomatic missions abroad.
Sec. 108. Contribution to the regular budget of the International Committee of the
Red Cross.
Sec. 109. Restriction on use of funds for "public diplomacy" efforts.
PAST B-ADMINIBT$ATIVE AND PE$SONNEL P$OVISIONS
Sec. 111. Restriction on supervision of Government employees by chiefs of mission.
Sec. 112.. Pay level of ambassadors at large. .
Sec. 113. Compensation.
Sec. 114. Extension of limited appointments.
Sec. 115. Repeal of Office of Policy and Program Review.
Sec. 116. Carry-over of Senior Foreign Service performance pay.
Sec. 117. Survivor and health benefits for certain former spouses.
Sec. 118. Benefits for certain former spouses of members of the Foreign Service.
Sec. 119. Elimination of unnecessary reporting requirements.
Sec. 120. Clarification of jurisdiction of Foreign Service Grievance Board.
Sec. 121. Protection of Civil Service career employees.
Sec. 122. Compensation of Fascell fellows.
Sec. 123. Competence and professionalism in the conduct of foreign policy.
Sec. 131. Preservation of museum character of portions of Department of State
building.
Sec. 132. Authority to insure the furnishings of State Department diplomatic recep-
tion rooms.
Sec. 133. Financial reciprocity with foreign countries.
Sec. 134. The new Soviet embassy.
Sec. 135. Embassy security.
Sec. 136. Official residence for the Secretary of State.
Sec.. 137. Prohibition on the use of funds for facilities in Israel, Jerusalem, or the
West Bank.
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Sec. 141. Reform in the budget decision-making procedures of the United Nations
and its specialized agencies.
Sec. 142. Immunities for the International Committee on the Red Cross.
Sec. 143. Israel's participation in the Economic and Social Council of the United
Nations.
Sec. 144. Appointment of secretaries to the North Atlantic Assembly delegations.
Sec. 145. Protection of Tyre by the United Nations Interim Force in Lebanon.
TITLE II-THE UNITED STATES INFORMATION AGENCY
Sec. 201. Authorization of appropriations; allocation of funds.
Sec. 202. Voice of America.
Sec. 203. Bureau of Educational and Cultural Affairs.
Sec. 204. National Endowment for Democracy.
Sec. 205. East-West Center.
Sec. 206. Posts and personnel overseas.
Sec. 207. The Arts America program.
Sec. 208. Congressional grant notification.
Sec. 209. Forty-year leasing authority.
Sec. 210. Receipts from English-teaching, library, motion picture, and television
programs.
Sec. 211. Professorship on constitutional democracy.
Sec. 212. United States-India Fund.
Sec. 213. United States-Pakistan Fund.
Sec. 214. United States Information Agency programming on Afghanistan.
Sec. 215. United States Advisory Commission on Public Diplomacy.
Sec. 216. The Edward Zorinsky Memorial Library.
Sec. 217. Contractor requirements.
TITLE III-THE BOARD FOR INTERNATIONAL BROADCASTING
Sec. 301. Authorization of appropriations; allocation of funds.
Sec. 302. Currency gains.
Sec. 303. Certification of certain creditable service.
TITLE IV-THE GLOBAL CLIMATE PROTECTION ACT OF 1987
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Task Force on the Global Climate.
Sec. 404. Report to Congress.
Sec. 405. Ambassador at Large.
Sec. 406. International Year of Global Climate Protection.
Sec. 407. Climate protection and United States-Soviet relations.
Sec. 501. Enforcement of Case Act requirements.
Sec. 502. Federal jurisdiction of direct actions against insurers of diplomatic agents.
Sec. 503. Prohibition on use of funds for political purposes.
Sec. 504. Prohibition on exclusion of aliens because of political beliefs.
Sec. 505. Authority to invest and recover expenses from international claims settle-
ment funds.
Sec. 506. Payment of the claim of Joseph Karel Hasek from the Czechoslovakian
Claims Fund.
Sec. 507. Prohibition on international first class air travel by Congressional staff.
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Sec. 508. Public access to United Nations War Crimes Commission files.
Sec. 509. Policy on Afghanistan.
Sec. 510. Policy toward the Iran-Iraq war.
Sec. 511. Iranian persecution of the Baha'is.
Sec. 512. Refugees from Southeast Asia.
Sec. 513. Polio toward South Korea.
Sec. 514. Policy toward North Korea.
Sec. 515. Policy against persecution of Christians in Eastern Europe and the
Soviet Union.
Sec. 516. Concerning observance by the Government of Romania of the human
rights of Hungarians in Transylvania, especially the right of self-
determination.
TITLE VI-EFFECTIVE DATE
Sec. 601. Effective date.
1 TITLE I-THE DEPARTMENT OF STATE
2 PART A-AUTHORIZATION OF APPROPRIATIONS;
3 ALLOCATIONS OF FUNDS; RESTRICTIONS
4 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
5 (a) AUTHORIZATION OF APPROPRIATIONS.-The fol-
io lowing amounts are authorized to be appropriated for fiscal
7 year 1988 for the Department of State under "Administra-
8 tion of Foreign Affairs" to carry out the authorities, func-
9 tions, duties, and responsibilities in the conduct of the foreign
10 affairs of the United States:
11 (1) For "Salaries and Expenses" of the Depart-
12 ment of State (other than the Diplomatic Security Pro-
13 gram), $1,599,600,000.
14 (2) For representation allowances, emergencies in
15 the diplomatic and consular service, and the payment
16 to the American Institute in Taiwan, $17,839,000.
17 (3) For "Salaries and Expenses" of the Diplomat-
18 is Security Program, $100,000,000.
?s i3~~ Yr
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1 (4) For the protection of foreign missions and offi-
2 cials, $9,100,000.
3 (b) USE OF PRIOR FISCAL YEAR AND FISCAL YEAR
4 1988 DIPLOMATIC SECURITY FUNDS.-(1) Notwithstanding
5 any other provision of law or any reprogramming require-
6 ment, the Secretary of State may use any funds appropriated
7 pursuant to section 401(a)(1)(B) of the Diplomatic Security
8 Act or funds appropriated for fiscal year 1988 pursuant to
9 section 401(a)(3) of such Act for any component of the Diplo-
10 matic Security Program and for the "Acquisition and Mainte-
11 nance of Buildings Abroad".
12 (2) Notwithstanding any other provision of law or any
13 reprogramming requirement, of the funds appropriated pursu-
14 ant to section 401(a)(3) of the Diplomatic Security Act for
15 fiscal year 1988, $323,000,000 shall be available for the
16 "Acquisition and Maintenance of Buildings Abroad" and
17 $74,262,000 shall be available for "Salaries and Expenses"
18 of the Diplomatic Security Program.
19 SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA-
20 TIONS AND CONFERENCES; INTERNATIONAL
21 PEACEKEEPING ACTIVITIES.
22 (&) INTERNATIONAL ORGANIZATIONS.-There are au-
23 thorized to be appropriated to the Department of State under
24 "Contributions to International Organizations",
25 $571,000,000 for fiscal year 1988 in order to carry out the
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1 authorities, functions, duties, and responsibilities in the con-
2 duct of the foreign affairs of the United States with respect to
3 international organizations, of which amount-
4 (1) $193,188,000 shall be available only for the
5 United States assessed contribution to the United
6 Nations;
7 (2) $63,857,000 shall be available only for the
8 United States assessed contribution to the VPorld
9 Health Organization;
10 (3) $31,443,000 shall be available only for the
11 United States assessed contribution to the International
12 Atomic Energy Agency;
13 (4) $44,915,000 shall be available only for the
14 United States assessed contribution to the Organization
15 of American States; and
16 (5) $38,659,000 shall be available only for the
17 United States assessed contribution to the Pan-Ameri-
18 can Health Organization.
19 (b) INTERNATIONAL PEACEKEEPING} ACTIVITIES.-
20 There are authorized to be appropriated to the Department of
21 State under "Contributions to International Peacekeeping
22 Activities", $29,400,000 for fiscal year 1988 in order to
23 carry out the authorities, functions, duties, and responsibil-
24 ities in the conduct of the foreign affairs of the United States
25 with respect to international peacekeeping activities.
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1 (C) INTERNATIONAL CONFERENCES AND CONTINGEN-
2 clES.-There are authorized to be appropriated to the De-
3 partment of State under "International Conferences and
4 Contingencies", $5,460,000 for fiscal year 1988 in order to
5 carry out the authorities, functions, duties, and responsibil-
6 ities in the conduct of the foreign affairs of the United States
7 with respect to international conferences and contingencies.
8 SEC. 103. INTERNATIONAL COMMISSIONS.
9 There are authorized to be appropriated to the Depart-
10 ment of State under "International Commissions",
11 $29,200,000 for fiscal year 1988 in order to carry out the
12 authorities, functions, duties, and responsibilities in the con-
13 duct of the foreign affairs of the United States with respect to
14 international commissions.
15 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
16 (&) AUTHORIZATION OF APPROPRIATIONS.-There are
17 authorized to be appropriated to the Department of State
18 under "Migration and Refugee Assistance", $314,450,000
19 for fiscal year 1988 in order to carry out the authorities,
20 functions, duties, and responsibilities in the conduct of the
21 foreign affairs of the United States with respect to migration
22 and refugee assistance.
23 (b) ALLOCATION OF FiTND$.-Of the amount author-
24 ized to be appropriated by subsection (a)-
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1 (1) $25,000,000 shall be available only for assist-
2 ante for refugees resettling in Israel; and
3 (2) $28,000,000 shall be available only for assist-
4 ante for East Asian refugees.
5 SEC. 105. THE ASIA FOUNDATION AND OTHER PROGRAMS.
6 (a) TxE ASIA FOUNDATION.-(1) Section 404 of The
7 Asia Foundation Act (22 U.S.C. 4401 et seq.) is amended to
8 read as follows:
9 "SEC. 404. There are authorized to be appropriated to
10 the Secretary of State $15,000,000 for fiscal year 1988 for
11 grants to The Asia Foundation pursuant to this title.".
12 (2) The amendment made by paragraph (1) shall take
13 effect on October 1, 1987.
14 (b) OTHER PROGRAMS.-There are authorized to be ap-
15 propriated for fiscal year 1988 to the Department of State for
16 the following programs:
17 (1) For Bilateral Science and Technology Agree-
18 ments, $1,900,000.
19 (2) For Soviet-East European Research and
20 Training, $5,000,000.
21 SEC. 106. REDUCTION OF CAPITAL CONSTRUCTION ACCOUNT.
22 Section 401(a)(3) of the Diplomatic Security Act (22
23 U.S.C. 4851(a)(3)) is amended to read as follows:
24
"(3) CAPITAL CONSTRUCTION, FISCAL YEARS
25 1 s s a THROUGH 19 90.-There are authorized to be
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1 appropriated for the Department of State for `Acquisi-
2 tion and Maintenance of Buildings Abroad' for fiscal
3 year 1988, $397,262,000, and for each of the fiscal
4 years 1989 through 1990, $417,962,000, to carry out
5 diplomatic security construction, acquisition, and oper-
6 ations pursuant to the Department of State's Supple-
? mental Diplomatic Security Program.".
8 SEC. 107. CONSULAR POSTS AND DIPLOMATIC MISSIONS
9 ABROAD.
10 (&) PROHIBITION.-No funds authorized to be appropri-
11 ated by this Act or any other Act shall be available to pay
12 any expense related to the closing of any United States con-
13 sulate or mission abroad. No funds authorized to be appropri-
14 ated by this Act shall be used to pay for any expense related
15 to the Bureau of Administration of the Department of State
16 or any of its functions if any United States consulate or mis-
17 sion is closed after January 1, 1987, and is not reopened.
18 (b) ALLOCATION OF FUNDS.-(1) Of the funds author-
19 ized to be appropriated by section 101 for the "Administra-
20 tion of Foreign Affairs", not less than $500,000,000 shall be
21 available only to operate United States consulates in Salz-
22 burg, Strasbourg, Goteborg, Lyon, Dusseldorf, Tangier,
23 Genoa, Nice, Porto Alegre, and Maracaibo.
24 (2) Of the funds allocated by paragraph (1), during fiscal
25 year 1988, funds in excess of those needed to operate these
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1 consulates for such fiscal year may be used for other purposes
2 under the "Administration of Foreign Affairs" if all consul-
3 ates referred to in paragraph (1) are open and functioning.
4 (c) WaivE$.-Subsection (a) shall not apply to any post
5 closed-
6 (1) because of a break or downgrading of diplo-
7 matic relations between the United States and the
8 country in which the post is located;
9 (2) where there is a real and present threat to
10 American diplomats in the city where the post is locat-
11 ed and where a travel advisory warning against Ameri-
12 can travel to the city has been issued by the Depart-
13 ment of State; or
14 (3) when the post is closed so as to provide funds
15 to open a new post, staffed by at least one full-time
16 Foreign Service officer, and where the Secretary of
17 State, prior to the closing of the post, prepares and
18 transmits to the Committee on Foreign Relations of
19 the Senate and the Committee on Foreign Affairs of
20 the House of Representatives areport stating that-
21 (A) the new post is a higher priority than the
22 post proposed to be closed; and
23 (B) the total number of consulates and mis-
24 sions abroad is not less than the number of such
25 posts in existence on January 1, 1987.
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1 SEC. 108. CONTRIBUTION TO THE REGULAR. BUDGET OF THE
2 INTERNATIONAL COMMITTEE OF THE RED
3 CROSS.
4 (&) UNITED STATES CONTRIBUTION.-Pursuant to the
5 provisions of section 109 of the Foreign Relations Authoriza-
6 tion Act, Fiscal Years 1986 and 1987, the Secretary of State
7 shall make a contribution to the regular budget of the Inter-
8 national Committee of the Red Cross of an amount equal to
9 not less than 20 percent of its regular budget. Such contribu-
10 tion may be made from the funds authorized to be appropri-
11 ated by section 104 for migration and refugee assistance.
12 (b) REPRO(IRAMMING} AUTHORITY FOR CERTAIN EAR-
13 MARxEn Fuxns.-Notwithstanding any other provision of
14 law, allocations of funds within the account for "Migration
15 and Refugee Assistance" for fiscal year 1988 may be repro-
16 grammed for other purposes within that same account if the
17 requirements of the designated programs are fully met.
18 (C) LIMITATION ON CONTRIBUTIONS.-Notwithstand-
19 ing subsection (a), beginning in fiscal year 1988, the United
20 States contribution in any fiscal year to the International
21 Committee for the Red Cross shall not exceed the amount
22 contributed by the United States to the International Com-
23 mittee for the Red Cross in fiscal year 1987 until Israel's
24 Red Shield of David has been granted the identical status of
25 recognition with the Red Cross and the Red Crescent.
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1 SEC. 109. RESTRICTION ON USE OF FUNDS FOR "PUBLIC DIP-
3 (&) IN GENERAL.-Except as provided in subsection (b),
4 none of the funds authorized to be appropriated by this Act
5 for the Department of State may be used by any bureau,
6 office, or other unit of the Department of State to make any
7 contract or purchase order agreement, on or after the date of
8 enactment of this Act, with any individual, group, organiza-
LOMACY" EFFORTS.
tion, partnership, corporation, or other entity for the purpose
of-
(1) providing advice or assistance for any program
for foreign representatives of any civic, labor, business,
or humanitarian group during any visit to Washington,
D.C., or any other location within the United States;
(2) providing contact with any refugee group or
exile in Washington, D.C., or elsewhere in the United
States, including the arranging of any media event,
interview, or public appearance;
(3) translating articles on regions of the world and
making them available for distribution to United States
news organizations or public interest groups;
(4) providing points of contact for public interest
groups seeking to interview exiles, refugees, or other
visitors;
(5) coordinating or accompanying media visits
any region of the world;
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1 (6) providing source material relating to regional
2 conflicts for public diplomacy efforts;
3 (7) providing or presenting, in writing or orally,
4 factual material on security considerations, refugee
5 problems, or political dynamics of any region of the
6 world for use on public diplomacy efforts;
7 (8) editing briefs or other materials for use on
8 public diplomacy efforts;
9 (9) conducting special studies or projects for use
10 on public diplomacy efforts;
11 (10) designing or organizing a distribution system
12 for materials for use on public diplomacy efforts; or
13 (11) directing the operation of this distribution
14 system, including-
15 (A) development of specialized, segmented
16 addressee lists of persons or organizations which
17 have solicited materials or information on any
18 region of the world;
19 (B) computerization, coding, maintenance, or
20 updating of lists;
21 (C) retrieval, storage, mailing, or shipping of
22 individual or bulk packets of publications;
23 (D) maintenance or control of inventory or
24 reserve stocks of materials;
25 (E) distribution of materials;
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1 (F) coordinating publication production; or
2 (G) conducting systematic evaluations of the
3 system.
4 (b) EXCEPTION.-Subsection (a) does not apply to any
5 contract or purchase order agreement made, after competi-
6 tive bidding, by or for the Bureau of Public Affairs of the
7 Department of State.
8 (C) LIMITATION ON USE OF FUNDS.-Of the funds au-
9 thorized to be appropriated by this or any other Act, not
10 more than $389,000 may be used in any fiscal year to fi-
11 nance the activities set forth in subsection (a).
12 PART B-ADMINISTRATIVE AND PERSONNEL PROVISIONS
13 SEC. 111. RESTRICTION ON SUPERVISION OF GOVERNMENT
14 ~ EMPLOYEES BY CHIEFS OF MISSION.
15 Section 207 of the Foreign Service Act of 1980 (22
16 U.S.C. 3927) is amended-
17 (1) in subsection (a)(1), by inserting "executive
18 branch" after "Government";
19 ~ (2) in subsection (a)(2), by inserting "executive
20 branch" after "Government" the second place it
21 occurs; and
22 (3) in subsection (b), by inserting "executive
23 branch" after "Any".
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1 SEC. 112. PAY LEVEL OF AMBASSADORS AT LARGE.
2 (a) COMPENSATION.-Chapter 53 of title 5 of the
3 United States Code is amended-
4 (1) in section 5313, by striking out "Ambassadors
5 at Large."; and
6 (2) in section 5315, by adding at the end thereof
7 the following:
8 "Ambassadors at Large.".
9 (b) APPLICATION.-The amendments made by subsec-
10 tion (a)(1) shall not affect the salary of individuals holding the
11 rank of Ambassador at Large immediately before the date of
12 enactment of this Act.
13 SEC. 113. COMPENSATION.
14 The State Department Basic Authorities Act (22
15 U.S.C. 2669 et seq.) is amended-
16 (1) in section 35(b), by inserting after the second
17 sentence thereof the following new sentence: "The Co-
18 ordinator shall be compensated at the annual rate for
19 positions authorized by section 5315 of title 5, United
20 States Code."; and
21 (2) in section 203(a), by inserting at the end
22 thereof the following new sentence.: "The Director
23 shall be compensated at the annual rate for positions
24 authorized by section 5315 of title 5, United States
25 Code.".
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1 SEC. 114. EXTENSION OF LIMITED APPOINTMENTS.
2 Section 309 of the Foreign Service Act of 1980 (22
3 U.S.C. 3949) is amended-
4 (1) by striking out "section 311(a)" and inserting
5 in lieu thereof "subsection (b)";
6 (2) by designating the text, as so amended, as
7 subsection (a); and
8 (3) by adding at the end thereof the following new
9 subsection:
10 "(b) A limited appointment may be extended for contin-
11 ued service as-
12 "(1) a consular agent;
13 "(2) a family member as provided in section
14 311(a);
15 "(3) a career candidate, if continued service is de-
16 termined appropriate to remedy a matter that would be
17 cognizable as a grievance under chapter 11; or
18 "(4) a career employee in another Federal person-
19 nel system serving in a Foreign Service position on
20 detail from another agency.".
21 SEC. 115. REPEAL OF OFFICE OF POLICY AND PROGRAM
22 REVIEW.
23 (a) REPEAL.-Subsection (b) of section 413 of the Dip-
24 lomatic Security Act (22 U.S.C. 4861(b)) is repealed.
25 (b) CONFORMING AMENDMENTS.-Section 413(x) of
26 such Act (22 U.S.C. 4861(a)) is amended-
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1 (1) by striking out "(a)" and all that follows
2 through "STATE.-"; and
3 (2) by redesignating paragraphs (1) through (5) as
4 subsections (a) through (e), respectively.
5 SEC. 116. CARRY-OVER OF SENIOR FOREIGN SERVICE PER-
6 FORMANCE PAY.
7 Section 405(b) of the Foreign Service Aet of 1980 (22
8 U.S.C. 3965(b)) is amended-
9 (1) in paragraph (4), by inserting at the end there-
10 of the following: "Any amount which is not paid to a
11 member of the Senior Foreign Service during a fiscal
12 year because of this limitation shall be paid to that in-
13 dividual in a lump sum at the beginning of the follow-
14 ing fiscal year. Any amount paid under this authority
15 during a fiscal year shall be taken into account for pur-
16 poses of applying the limitation in the first sentence of
17 this subparagraph with respect to such fiscal year.";
18 and
19 (2) by adding at the end thereof the following:
20 "(5) The Secretary of State shall prescribe regula-
21 tions, consistent with section 5582 of title 5, United
22 States Code, under which payment under this section
23 shall be made in the case of any individual whose
24 death precludes payment under paragraph (4) of this
25 subsection.".
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1 SEC. 117. SURVIVOR AND HEALTH BENEFITS FOR CERTAIN
2 FORMER SPOUSES.
3 (a) IN GENERAL.-Chapter 8 of the Foreign Service
4 Act of 1980 (22 U.S.C. 3901 et seq.) is amended by inserting
5 after section 829 the following new sections:
6 "SEC. 830. SURVIVOR BENEFITS FOR CERTAIN
7 FORMER SPOUSES.-(a)(1) Any individual who was a former
8 spouse of a participant or former participant on February 14,
9 1981, shall be entitled, to the extent of available appropria-
10 tions, and except to the extent such former spouse is disquali-
11 fled under subsection (b), to a survivor annuity equal to 55
12 per centum of the greater of-
13 "(A) the full amount of the participant's or former
14 participant's annuity, as computed under chapter 8 of
15 this Act; or
16 "(B) the full amount of what such annuity as so
17 computed would be if the participant or former partici-
18 pant had not withdrawn slump-sum portion of contri-
19 butions made with respect to such annuity.
20 "(2) A survivor annuity payable under this section shall
21 be reduced by an amount equal to the amount of retirement
22 benefits, not including benefits under title II of the Social
23 Security Act, received by the former spouse which are attrib-
24 utable to previous employment of such former spouse by the
25 United States.
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1 "(b) A former spouse shall not be entitled to a survivor
2 annuity under this section if-
3 "(1) an election has been made with respect to
4 such former spouse under section 2109;
5 "(2) the former spouse is designated a beneficiary
6 of the employee as a person with an insurable interest;
7 "(3) the former spouse remarries before age 55;
g "(4) the former spouse is less than 50 years of
9 age; or
10 "(5) the former spouse was not married to the
11 participant at least 10 years during service of the par-
12 ticipant which is creditable under this chapter with at
13 least 5 years occurring while the participant was a
14 member of the Foreign Service.
15 "(c)(1) The entitlement of a former spouse to a survivor
16 annuity under this section-
17 "(A) shall commence-
18 "(i) in the case of a former spouse of a par-
19 ticipant or former participant who is deceased as
20 of the effective date of this section, beginning on
21 the later of-
22 "(n the 60th day after such date; or
23
"(In the date such former spouse
24 reaches the age 50; and
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13
15
16
17
18
19
20
21
22
23
24
25
20
1 "(ii) in the case of any other former spouse,
2 beginning on the latest of-
"(~ the date that the participant or
former participant to whom the former
spouse was married dies;
"(~ the 60th day after the
date of this section; or
effective
"(IIl) the date such former spouse
reaches age 50; and
``(B) shall terminate on the last day of the month
before the former spouse's death or remarriage before
attaining the age 55.
"(2)(A) A survivor annuity under this section shall not
be payable unless appropriate written application is provided
to the Secretary, complete with any supporting documenta-
tion which the Secretary may by regulation require, within
30 months after the effective date of this section.
"(B) Upon approval of an application provided under
subparagraph (A), the appropriate survivor annuity shall be
payable to the former spouse with respect to all periods
before such approval during which the former spouse was
entitled to such annuity under this section, but in no event
shall a survivor annuity be payable under this section with
respect to any period before the effective date of this section.
"(d) The Secretary shall-
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1 "(1) as soon as possible, but not later than 60
2 days after the effective date of this section, issue such
3 regulations as may be necessary to carry out this sec-
4 tion; and
5 "(2) to the extent practicable, and as soon as pos-
h sible, inform each individual who was a former spouse
7 of a participant or former participant on February 14,
8 1981, of any rights which such individual may have
9 under this section.
lO "SEC. 831. HEALTH BENEFITS FOR CERTAIN
11 FORMER SPOUSES.-(a) Except as provided in subsection
12 (c)(1), any individual-
13 "(1) formerly married to an employee or former
14 employee of the Foreign Service, whose marriage was
15 dissolved by divorce or annulment before May 7, 1985;
16 "(2) who, at any time during the eighteen-month
17 period before the divorce or annulment became final,
18 was covered under a health benefits plan as a member
19 of the family of such employee or former employee;
20 and
21 "(3) who was married to such employee for not
22 less than ten years during periods of government serv-
23 ice by such employee, is eligible for coverage under a
24 health benefits plan in accordance with the provisions
25 of this section.
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1 "(b)(1) Any individual eligible for coverage under sub-
2 section (a) may enroll in a health benefits plan for self alone
3 or for self and family if, before the expiration of the 6-month
4 period beginning on the effective date of this section, and in
5 accordance with such procedures as the Director of the Office
6 of Personnel Management shall by regulation prescribe, such
7 individual-
8 "(A) files an election for such enrollment; and
9 "(B) arranges to pay currently into the Employ-
10 ees Health Benefits Fund under section 8909 of title 5,
11 United States Code, an amount equal to the sum of the
12 employee and agency contributions payable in the case
13 of an employee enrolled under chapter 89 of such title
14 in the same health benefits plan and with the same
15 level of benefits.
16 "(2) The Secretary shall, as soon as possible, take all
17 steps practicable-
18 "(A) to determine the identity and current address
19 of each former spouse eligible for coverage under sub-
20 section (a); and
21 "(B) to notify each such former spouse of that
22 individual's rights under this section.
23 "(3) The Secretary shall waive the 6-month limitation
24 set forth in paragraph (1) in any case in which the Secretary
25 determines that the circumstances so warrant.
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1 "(c)(1) Any former spouse who remarries before age 55
2 is not eligible to make an election under subsection (b)(1).
3 "(2) Any former spouse enrolled in a health benefits
4 plan pursuant to an election under subsection (b)(1) may con-
s tinue the enrollment under the conditions of eligibility which
6 the Director of the Office of Personnel Management shall by
7 regulation prescribe, except that any former spouse who re-
8 marries before age 55 shall not be eligible for continued en-
9 rollment under this section after the end of the 31-day period
10 beginning on the date of remarriage.
11 "(d) No individual may be covered by a health benefits
12 plan under this section during any period in which such indi-
13 vidual is enrolled in a health benefits plan under any other
14 authority, nor may an individual be covered under more than
15 one enrollment under this section.
16 "(e) For purposes of this section, the term `health bene-
17 fits plan' means an approved health benefits plan under chap-
18 ter 89 of title 5, United States Code.".
19 (b) CONFORMING AMENDMENT.-The table of contents
20 in section 2 of the Foreign Service Act of 1980 is amended
21 by inserting after the item relating to section 829 the follow-
22 ing new items:
"Sec. 830. Survivor benefits for certain former spouses.
"Sec. 831. Health benefits for certain former spouses.".
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1 (C) EFFECTIVE DATE.-The amendments made by this
2 section shall take effect on October 1, 1987, or 90 days after
3 the date of enactment, whichever is later.
4 SEC. 118. BENEFITS FOR CERTAIN FORMER SPOUSES OF MEM-
5 BERS OF THE FOREIGN SERVICE.
6 (a) IN GENERAL.-Subchapter I of Chapter 8 of the
7 Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as
8 amended by section 117, is further amended by inserting
9 after section 829 (22 U.S.C. 4069) the following:
10 "SEC. 832. RETIREMENT BENEFITS FOR CERTAIN FORMER
11 SPOUSES.
12 "(a) Any individual who was a former spouse of a par-
13 ticipant or former participant on February 14, 1981, shall be
14 entitled, to the extent of available appropriations, and except
15 to the extent such former spouse is disqualified under subsec-
16 tion (b), to benefits-
17 "(1) if married to the participant throughout the
18 creditable service of the participant, equal to 50 per-
19 cent of the benefits of the participant; or
20 "(2) if not married to the participant throughout
21 such creditable service, equal to that former spouse's
22 pro rata share of 50 percent of such benefits.
23 "(b) A former spouse shall not be entitled to benefits
24 under this section if-
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1 "(1) the former spouse remarries before age 55;
2 or
3 "(2) the former spouse was not married to the
4 participant at least 10 years during service of the par-
s ticipant which is creditable under this chapter with at
6 least 5 years occurring while the participant was a
7 member of the Foreign Service.
8 "(c)(1) The entitlement of a former spouse to benefits
9 under this section-
10 "(A) shall commence on the later of-
11 "(i) the day the participant upon whose serv-
12 ice the benefits are based becomes entitled to ben-
13 efits under this chapter; or
14 "(ii) the first day of the month in which the
15 divorce or annulment involved becomes final; and
16 "(B) shall terminate on the earlier of-
17 "(i) the last day of the month before the
18 former spouse dies or remarries before 55 years of
19 age; or
20 "(ii) the date the benefits of the participant
21 terminates.
22 "(2) Notwithstanding paragraph (1), in the case of any
23 former spouse of a disability annuitant-
24 "(A) the benefits of the former spouse shall com-
25 mence on the date the participant would qualify on the
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1 basis of his or her creditable service for benefits under
2 this chapter (other than a disability annuity) or the
3 date the disability annuity begins, whichever is later,
4 and
5 "(B) the amount of benefits of the former spouse
6 shall be calculated on the basis of benefits for which
7 the participant would otherwise so qualify.
8 "(3) Benefits under this section shall be treated the
9 same as an annuity under section 814(a)(7) for purposes of
10 section 806(h) or any comparable provision of law.
11 "(4)(A) Benefits under this section shall not be payable
12 unless appropriate written application is provided to the Sec-
13 retary, complete with any supporting documentation which
14 the Secretary may by regulation require, within 30 months
15 after the effective date of this section. The Secretary may
16 waive the 30-month application requirement under this sub-
17 paragraph in any case in which the Secretary determines that
18 the circumstances so warrant.
19 "(B) Upon approval of an application provided under
20 subparagraph (A), the appropriate benefits shall be payable to
21 the former spouse with respect to all periods before such ap-
22 proval during which the former spouse was entitled to such
23 benefits under this section, but in no event shall benefits be
24 payable under this section with respect to any period before
25 the effective date of this section.
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1 "(d) For the purposes of this section, the term `benefits'
2 means-
3 "(1) with respect to a participant or former partic-
4 ipant subject to this subchapter, the annuity of the par-
s ticipant or former participant; and
6 "(2) with respect to a participant or former partic-
7 ipant subject to subchapter II, the benefits of the par-
8 ticipant or former participant under that subchapter.
9 "(e) Nothing in this section shall be construed to impair,
10 reduce, or otherwise affect the annuity or the entitlement to
11 an annuity of a participant or former participant under this
12 chapter.".
13 (b) CONFORMING AMENDMENT.-The table of contents
14 in section 2 of the Foreign Service Act of 1980, as amended
15 by section 117, is further amended by inserting after the item
16 relating to section 831 the following new item:
"Sec. 832. Retirement benefits for certain former spouses.".
17 (C) EFFECTIVE DATE.-The amendments made by this
18 section shall take effect on October 1, 1987, or 90 days after
19 the date of enactment of this Act, whichever is later.
20 SEC. 119. ELIMINATION OF UNNECESSARY REPORTING
21 REQUIREMENTS.
22 (a) REPORT ON PERSONNEL ACTIONS IN THE FOR-
23 EIGN SERVICE.-Section 105(d)(2) of the Foreign Service
24 Act of 1980 (22 U.S.C. 3905(d)(2)) is amended to read as
25 follows:
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1 "(2) The Secretary shall transmit to each House of Con-
2 gress the Department's reports on its equal employment op-
3 portunity and affirmative action programs and its minority
4 recruitment programs, which reports are required by law,
5 regulation, or directive to be submitted to the Equal Employ-
6 ment Opportunity Commission (EEOC) or the Office of Per-
? sonnet Management (OPM). Each such report shall be trans-
8 mitted to the Congress at least once annually, and shall be
9 received by the Congress not later than 30 days after its
10 original submission to the Equal Employment Opportunity
11 Commission or the Office of Personnel Management.".
12 (b) REPORT ON USE OF FOREIGN SERVICE PERSON-
13 NEL BY FEDERAL AaENCIES.-Section 601(c) of such Act
14 (22 U.S.C. 4001(c)) is amended by adding at the end thereof
15 the following new paragraph:
16 "(4) Not later than March 1 of each year, the Secretary
17 of State shall submit a report to the Speaker of the House of
18 Representatives and to the Committee on Foreign Relations
19 of the Senate which shall-
20 "(A) describe the steps taken and planned in fur-
21 therance of-
22 "(i) maximum compatibility among agencies
23 utilizing the Foreign Service personnel system, as
24 provided for in section 203, and
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1 "(ii) the development of uniform policies and
2 procedures and consolidated personnel functions,
3 as provided for in section 204;
4 "(B) specify the upper and lower limits planned
5 by each such agency for recruitment, advancement,
6 and retention of members of the Service, as provided
7 for in section 601(c)(2), including, with respect to each
8 of the relevant promotion competition groups, the pro-
9 jetted ranges of rates of appointment, promotion, and
10 attrition over each of the next 5 fiscal years, as well as
11 a comparison of such projections with the projections
12 for the preceding year and with actual rates of appoint-
13 ment, promotion, and attrition, including a full expla-
14 nation of any deviations from projections reported in
15 the preceding year; and
16 "(C) specify the numbers of members of the Serv-
17 ice who are assigned to positions classified under sec-
18 tion 501 which are more than one grade higher or
19 lower than the personal rank of the member.".
20 (c) REPEai.s.-(1) Subsection (f) of section 703 of such
21 Act (22 U.S.C. 4023) and section 2402 (22 U.S.C. 4173) of
22 such Act are repealed.
23 (2) Section 152(c) of the Foreign Relations Authoriza-
24 tion Act, Fiscal Years 1986 and 1987 (99 Stat. 428) is
25 repealed.
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1 SEC. 120. CLARIFICATION OF JURISDICTION OF FOREIGN
2 SERVICE GRIEVANCE BOARD.
3 (a) BOARD DECISIONS.-Section 1107(d) of the Foreign
4 Service Act of 1980 (22 U.S.C. 4137(d)) is amended-
5 (1) in the third sentence, by striking out "would
6 be contrary to law or"; and
7 (2) by adding at the end thereof the following new
8 sentence: "Any recommendation of the Board which is
9 not rejected by the Secretary on the basis that it would
10 adversely affect the foreign policy or national security
11 of the United States shall be considered to be a final
12 action for the purposes of judicial review under section
13 1110 of this Act as of the time of the issuance of the
14 recommendation by the Board.".
15 (b) SEPARATION FOR CAUSE.-The second sentence of
16 section 610(a)(2) of the Foreign Service Act of 1980 (22
17 U.S.C. 4010(a)(2)) is amended-
18 (1) by inserting "and authority" after "The hear-
19 ing";
20 (2) by striking out "hearing procedures" and in-
21 serting in lieu thereof "provisions"; and
22 (3) by striking out "section 1106" and inserting in
23 lieu thereof "chapter 11".
24 (C) APPLICATION.-The amendments made by this sec-
25 tion shall not apply with respect to any grievance in which
26 the Board has issued a final decision pursuant to section
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1 1107 of the Foreign Service Act of 1980 before the date of
2 enactment of this Act.
3 SEC. 121. PROTECTION OF CIVIL SERVICE EMPLOYEES.
4 (a) FINDINGS.-The Congress finds that-
5 (1) the effectiveness and efficiency of the Depart-
6 ment of State is dependent not only on the contribution
7 of Foreign Service employees but equally on the con-
8 tribution of the 42 percent of the Department's em-
9 ployees who are employed under the Civil Service per-
10 sonnel system;
11 (2) the contribution of these Civil Service employ-
12 ees has been overlooked in the management of the De-
13 partment and that greater equality of promotion, train-
14 ing, and career enhancement opportunities should be
15 accorded to the Civil Service employees of the Depart-
16 ment; and
17 (3) a goal of the Foreign Service Act of 1980 was
18 to strengthen the contribution made by Civil Service
19 employees of the Department of State by creating a
20 cadre of experienced specialists and managers in the
21 Department to provide essential continuity.
22 (b) EQUITABLE REDUCTION OF BUDGET.-The Secre-
23 tary of State shall take all appropriate steps to assure that
24 the burden of cuts in the budget for the Department is not
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12
13
14
15
16
17
18
19
20
21
22
23
24
25
32
imposed disproportionately or inequitably upon its Civil Serv-
ice employees.
(C) ESTABLISHMENT OF THE OFFICE OF THE OM-
BUDSMAN FO$ CIVIL SERVICE EMPLOYEES.-There is es-
tablished in the Office of the Secretary of State the position
of Ombudsman for Civil Service Employees. The Ombuds-
man for Civil Service Employees shall report directly to the
Secretary of State and shall have the right to participate in
all Management Council meetings to assure that the ability of
the Civil Service employees to contribute to the achievement
of the Department's mandated responsibilities and the career
interests of those employees are adequately represented.
(d) DEFINITION.-For purposes of this section, the term
"Civil Service employees" means employees of the Federal
Government who are paid under chapter 53 or 54 of title 5,
United States Code.
SEC. 122. COMPENSATION OF FA5CELL FELLOWS.
Section 1005(b) of the Diplomatic Security Act (22
U.S.C. 4904(b)) is amended to read as follows:
"(b) AUTHORITIES.-Fellows may be deemed to be
Federal employees for the purposes of the Foreign Service
Act of 1980 (22 U.S.C. 301 et seq.), title 5 of the United
States Code, and all other laws governing Federal employ-
ment, except that, in lieu of compensation under such au-
thorities, Fellows may be compensated through a contractual
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1 agreement under the provisions of section 2(c) of the State
2 Department Basic Authorities Act of 1956.".
3 SEC. 123. COMPETENCE AND PROFESSIONALISM IN THE CON-
4 DUCT OF FOREIGN POLICY.
5 (a) POLICY ON TRAININ(I.-It is the sense of the Con-
ti gress that the United States should have as a fundamental
7 national goal the strengthening of competence and profes-
8 sionalism in the conduct of United States foreign policy. To
9 accomplish this goal, the Congress finds that the national in-
10 terest requires that the Department of State and other for-
11 eign affairs agencies make a maximum investment in pro-
12 grams to train its foreign policy professionals. The Congress
13 further finds that the new national training center in foreign
14 affairs, authorized by chapter 7 of the Foreign Service Act of
15 1980 and section 842(b) of the Military Construction Act,
16 1986, is cost effective and will provide the United States
17 with significant new capabilities to meet this national goal.
1$ (}J) POLICY ON DESIGNS FOR NEW CENTER.-It is fur-
19 they the sense of the Congress that the Secretary of State
20 should, subject to the availability of funds and any repro-
21 gramming requirements, proceed with base architectural and
22 engineering design programs for this national training center.
S 1394 PCS--3
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1 PAST C-BUILDINGS AND FACILITIES
2 SEC. 131. PRESERVATION OF MUSEUM CHARACTER OF POR-
3 TIONS OF DEPARTMENT OF STATE BUILDING.
4 (a) AUTHORITY.-The Secretary of State shall adminis-
5 ter and regulate the museum areas of the Department of
6 State (hereafter in this section referred to as "the museum
7 areas") by such means and measures as conform to the fun-
8 damental purpose of the museum areas, which purpose is to
9 conserve the architecture, furnishings, and historic objects
10 therein and to provide for the enjoyment of the same in such
11 manner and by such means as will leave them unimpaired for
12 the use and enjoyment of future generations. In carrying out
13 this section primary attention shall be given to the preserva-
14 tion and interpretation of their present museum character,
15 but nothing done under this section shall conflict with the
16 administration of the Department of State or with the use of
17 the museum areas for official purposes of the Department of
18 State.
19 (b) ARTICLES SUBJECT TO DISPOSITION.-Articles of
20 furniture, fixtures, and decorative objectives of the museum
21 areas, together with such similar articles, fixtures, and ob-
22 jects as may be acquired by the Secretary of State, when
23 declared by the Secretary of State to be of historic or artistic
24 interest, shall thereafter be considered to be the property of
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1 the Secretary of State in his official capacity and shall be
2 subject to disposition solely in accordance with this section.
3 (C) DISPOSITION OF ARTICLES.-Whenever the Secre-
4 tary of State determines that any of the articles described in
5 subsection (b) are no longer needed for use or display in the
6 museum areas or that, in order to upgrade the museum areas,
7 abetter use of such article would be its sale or exchange, the
8 Secretary is authorized, with the advice and concurrence of
9 the Director of the National Gallery of Art, to sell the arti-
10 Iles at fair market value or to trade them, without regard to
11 the requirements of the Federal Property and Administrative
12 Services Act of 1949. The proceeds of any such sale may be
13 credited to the unconditional gift account of the Department
14 of State, and items obtained in trade shall be the property of
15 the Secretary of State under this section. The Secretary of
16 State may also lend such articles, when not needed for use or
17 display in the museum areas, to the Smithsonian Institution,
18 or similar institutions, for care, repair, study, storage, or
19 exhibition.
20 (d) DEFINITION.-For purposes of this section, the term
21 "museum areas of the Department of State" means the areas
22 of the Department of State Building, located at 2201 C
23 Street, Northwest, Washington, District of Columbia, known
24 as the Diplomatic Reception Rooms (eighth floor), the Secre-
25 tary of State's offices (seventh floor), the Deputy Secretary of
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1 State's offices (seventh floor), and the seventh floor reception
2 area.
3
SEC. 132. AUTHORITY TO INSURE THE FURNISHINGS OF STATE
4
DEPARTMENT
DIPLOMATIC RECEPTION
5
RooMS.
6
Section 3 of the State Department Basic Authorities
7
Act of 1956 (22 U.S.C. 2670) is amended-
8
(1) by striking out "and" at the end of subsec-
9
tion (i);
10 (2) by striking out the period at the end of subsec-
11 tion (j) and inserting in lieu thereof "; and"; and
12 (3) by adding at the end thereof the following:
13 "(k) obtain insurance on the furnishings, including
14 works of art and antiques, which may from time-to-
15 time be within the responsibility of the Fine Arts Com-
16 mittee of the Department of State for the Diplomatic
17 Rooms of the Department.".
18 SEC. 133. FINANCIAL RECIPROCITY WITH FOREIGN COUN-
19 TRIES.
20 (a) FINDINGS.-The Congress finds that-
21 (1) the cost of operating United States missions in
22 the Soviet Union has been raised to excessive levels by
23 the imposition of artificially high exchange rates which
24 are virtually confiscatory and bear no reasonable rela-
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1 tionship to the value of the Russian ruble on any free
2 world market;
3 (2) the United States missions in the Soviet Union
4 must pay either in artificially high rubles or in Ameri-
5 can currency calculated on the same artificial basis
6 and, moreover, charges for services to the United
7 States and other Western nations are higher than those
8 charged to other nations; and
9 (3) in view of the current difficulties for the
10 United States in operating its missions in other East-
11 ern European countries as well as in the Soviet Union,
12 it is time that these imbalances are corrected and reci-
13 procity ensured.
14 (b) REPORTING REQUIB,EMENT.-(1)(A) Beginning 12
15 months after the date of enactment of this Act, and every 12
16 months thereafter, the Secretary of State shall determine and
17 so report in writing to the Congress the extent to which the
18 cost of operating a United States diplomatic, consular, or
19 other official mission in the Soviet Union or in any country
20 member of the Warsaw Pact, including the cost of acquiring
21 currency necessary therefor, does not bear a reasonable
22 relationship to-
23 (i) the cost of establishing and operating institu-
24 tional activities by other entities in that country; or
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1 (ii) the value of such currencies determined at a
2 free market rate in accordance with standards
3 established in coordination with the Secretary of the
4 Treasury.
5 (B) The annual report required under subparagraph (A)
6 shall be submitted by the Director of the Office of Foreign
7 Missions as part of the annual report of the Department of
8 State to the Congress.
9 (2) In the case of any country in which costs are deter-
10 mined not to bear a reasonable relationship to the cost or
11 value established pursuant to paragraph (1), the Secretary of
12 State shall adjust the cost to such country, including the
13 Soviet Union, of any benefits (as defined in section 202 of the
14 Foreign Missions Act) received in the United States.
15 (3) Not later than 60 days after the date of enactment of
16 this Act, the Secretary of State, in coordination with the Sec-
17 retary of the Treasury, shall report to the appropriate author-
18 izing and appropriating committees of the Congress on plans
19 to implement this section. Such plans shall include-
20 (A) the regulation of foreign missions' access to,
21 and use of, financial services in the United States;
22 (B) the regulation of costs of acquisition and dis-
23 position of real property or other assets in the United
24 States, including the regulation of amounts to be re-
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39
1 tained by such a mission as a precondition of authoriz-
2 ing a disposition of any property interest; and
3 (C) the use of surcharges authorized under the
4 Foreign Missions Act.
~ (C) DEFINITION OF "BENEFIT".-Paragraph (1) Of S8C-
6 tion 202(a) of the Foreign Missions Act (22 LT.S.C.
7 4302(a)(1)) is amended-
8 (1) by striking out "and" at the end of clause (E);
9 (2) in clause (F), by inserting "and" after "serv-
10 ices,"; and
11 (3) by inserting after clause (F) the following ne~v
12 clause:
13
14
"(G) financial and currency exchange sere-
?
ices, .
15 SEC. 134. THE NEW SOVIET EMBASSY.
~~-
16 Notwithstanding any other provision of law, t~~ w'e.~
17
18
19
20
21
23
25
Unit .~-oL. e~ Lt~s~I~.upy~'uic din makin use
of any communication equipment or electronic surveillance
equipment) the new chancery building at its new embassy
complex on Mount Alto in Washington, D.C., or any other
new facility in the Washington, D.C., metropolitan area until
the Secretary of S't,;;~d the Intelli-
gence certify to the Speaker of the House of Representatives
and the chairmen of the Committee on Foreign Relations and
the Select Committee on Intelligence of the Senate t~~~t'~
.w W.w.~W%fM::J.~'.:. A'. .
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40
1 is a new Uni~e?~t~ s `c,~,Tia~tee building in Moscow which is
2 sEFLure~and suitable for United States embassy operations,
3 including operations involving classified information.
4 SEC. 135. EMBASSY SECURITY.
5 (a) THE UNITED STATES CHANCERY IN MOSCOW.-
r*~} x'~
6 1~ot~IA o
1987, the Secretary of State shall
7 prepare and transmit to the chairman of the Committee on
8 Fore ~tions and the Sele
r,,~C~inttee do Intelligence
.. ,_~: ;
9 of the Senate and to the Sge,g~,~?a~ ~o~se of Representa-
10 tives a detailed and specific report which shall include-
-: rte..... ,:
11 (1) a eo1~;i~11e,~e..1~~.~?-v~tion~ for disposition of the
12 partially constructed United States chancery building
13 in Moscow that will result in a secure facility, together
14 with the amount of the anticipated cost of implement-
1 mg each option and a comprehensive ~~~~~~
16 imp`Ie~iieritaton of eacc~op~ron;
(2) a description of the recot~nende~? ~"o~ion of the
18 Secretary of State for the disposition of the partially
19 constructed chancery building in Moscow along with a
20 detailed explan~tl?n ef+?'th~" reasons.,,forj selecting the
21 recommended option and an action plan for promptly
22 carrying out such recommendation; and
23 (3) a discussion of the feasibility of providing secu-
24 rity for the new residential units in the United States
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1 Embassy compound in Moscow, along with the casf; o
2 any such program.
3 (b) TASK FORCE ON THE MANAGEMENT OF SECURITY
4 AND FOREIGN BUILDINGS BY THE DEPARTMENT OF
5 STATE.-(1) The Congress finds that-
6 (A) serious deficiencies exist in the management-
? and construction by the Department of State of build-
8 ings overseas;
9 (B) the security function has been plagiled by an
10 inability to anticipate threats or to respond to threats;
11 and
12 (C) the operations of the Foreign Buildings Office
13 have been characterized by cost overruns, delays, inad-
14 equacies of design, deficient construction supervision,
15 and other management flaws.
16 (2) There is established a TasTi~Force o~anagemen~ _of ~'~
17 Secur-ity -and F`ore~ig~-~$~rildings:_l the Department of State.
18 The Secrets of? ~~~ shall serve ~~s'~'hairma~ of the Task
19 Force and the Director of'~entral Intelligence, shaIl"serve as ~
20 Vices=~hairina,n. Such representatives of other appropriate
21 government agencies as the President may designate shall
22 serve on the Task Force.
23 (3) Not later than August 31, 1987, the Chairman of
~w .
24 the Task Force shall transini~'~"tle 'chairman o the Com-
25 mittee on Fore Rel~?tons 'of the Senate and the Speaker of
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10
1 the I~'ouse~q~~resentatives a report to be prepared by the
2 Task Force setting forth a pro~~& ini~TOVe~the mans
3 meat ' of ~~t~e Y~se~i~,... _ ~ tion~'-:and the Foreign Buildings
_,..-
4 Office so as to correct management deficiencies, to insure
5 better protection of American personnel overseas, to safe-
6 guard adequately sensitive national security information, and
7 to achieve efficient construction of embassies. Such"ret
8 s~.~l .~c~i~~ a~.~eta7e~:~analysis of the- organization af~:t~ h
9 secun~~~.;~ic~~~r ..instruction -.functions within _ the ~~=;~,
partr~iear~,: ~ ~a~t,a, #~gethe~r-=with any recommendations?-~vr
11 the reorganization and consolidation of these functions.
12 (C) REPORT ON THE SOVIET DIPLOMATIC ENCLAVE
13 AT MOUNT ALTO.-Not later than August 31, 1987, the
14 Secretary of S_~~g,~in consultation with the T~irec?or~ of the
15 Central Intelligence, shall prepare and transmit to the chair-
16 man of the Committee on Forci"~V;elat~on , and the chair-
._~__.__
17 man of the Select Committee on Inte~gerice o~' ~t'f'ie~. Senate
18 and to the Speaker"'~of the House of Representatives, in a
19 suitably classified form, a repor~~"an?"ihe'~`"sta'tus' of the Soviet`
20 diplomatic e~tc~Q p ~unt FArtos in Washington, D.C. Such
21 report shall include-
22 (1) an assessment of whether United States secu-
23 rity interests would be better seived`bq~~vitating the
24 ag'reeme' rider which the Soviet Union will occupy
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43
1 the Mount Also site, together with an assessment of
2 the costs and consequences of vitiating the agreements;
3 (2) an assessmen~_~f-the benefit to .Soviet- intelli-
4 genre=:cf3~ o~ the location of the Soviet chancery
5 on Mount Alto and of the concomitant threat to sensi-
6 tive United States Government communications;
7 (3) an enumeration of measures ? hat c?uld `be
8 "taTen~.ao thwart- ~oviet intelligence collection activities
9 from Mount Alto, together with the cost of each such
10 measure; and
11 (4) a description of the personnel resources, office
12 space, and housing facilities available to the United
13 States in the Soviet Union and to the Soviet Union in
14 the United States, together with an assessment as to
15 whether parity e~s~s'~,nd, if thd... zut~~"~`tiates,_does not
16 have parity with the Soviet Uriion~ ~11e~_"~tte~,~ures
17 required to be taken to achieve parity.
1S (d) ACCOUNTABILITY REVIEW BOARD.-(1)(A) NOt
19 later than 30 days after the date of enactment of this Act, the
20 Secretary of State shall establish an Accountability Rcview
21 Board as described in title III of the Diplomatic Security
22 Act, as amended b this section... '~~n~
y _ ~;.. rv.
23 Boai~"~.`.1P~'?'~lI'~:~.~~e~ ~t~oms...~rc~cees; .and
24 policies relating to the United States Embassy in Moscow
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44
1 and the Soviet Embassy in Washington, as called for by such
2 title.
3 (B) The second sentence of section 301 of the Diplo-
4 matic Security Act, as added by this subsection, shall not
5 apply to the Accountability Review Board established under
6 subparagraph (A).
7 (2) Section 301 of the Diplomatic Security Act (~'2
8 U.S.C. 4831) is amended-
9 (A) by inserting after "mission abroad'' the fol-
10 lowing: "or in any case of serious breach of security
11 involving intelligence activities of a foreign government
12 directed at a United States Government mission
13 abroad,"; and
14 (B) by inserting after the first sentence thereof the
15 following new sentence: "With respect to breaches of
__.....n ... . ~~_ . _. .
16 se~~_ir3~vin~uiteI~'ig~~C~..acf ~~i~e-,-~ tl~ Secr~tar.~
17
18
of -State . ~~ "~~e1ap,~ilrl'~i~" Accountability
Revie~-=-~3oard i~....he ~.de~~es ~~fia.~':t].~iug: ~.so ~aau~ld
19 compromise -rote epee: ~ sour~~~~ ~,~nethods_.,~,nd
20 ~p?~~`"~o'?~"a~ses"~'"~eTe'~~ommittee o I te11~-