DRAFT DEPARTMENT OF STATE AUTHORIZATION FOR FY'S 1990-1991

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90M00005R001500060002-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 94
• Document Creation Date: December 27, 2016
• Document Release Date: September 24, 2012
• Sequence Number: 2
• Publication Date: December 28, 1988
• Content Type: MEMO

Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Ursit
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 28 tM8
LEGISLATIVE REFERRAL MEMORANDUM
TO: Legislative Liaison Officer-
Department of Agriculture (Stangeland 447-7095) 30
Department of Education (Kristy 732-2670) 07
Department of Labor (Zinman 523-8207) 18
Office of Federal Procurement Policy (Coleman
Room #9013)
Department of Health and Human Services (White
245-7750) 14
Environmental Protection Agency (Schilling
382-5414) 08
United States Trade Representative (Parker X6800) 23
#245-5417
Department of Defense (Brick 697-1305) 06
National Security Council (Stevens X6534
GF/WW (0E0B - Room #381)
Office of Personnel Management (Woodruff.
632-4682) 22
Central Intelligence Kgency---,
Department of Justice (Perkins 633-2113) 17
Agency for International Development (Lester
647-8404) 02
U.S. Information Agency (Dexheimer 485-7976)
General Services Administration (Vicchiolla-
566-0563) 37
Department of the Treasury (Carro 566-8523) 28
Department of Commerce (Levitt 377-3151) 04
Arms Control and Disarmament Agency (Staples
647-8478) 34
Department of the Interior (Kiko 343-6706) 16
Department of Energy (Rabben 586-6718) 09
Corps of Engineers (Nee 272-0032) 05
Department of the Army (Civil Works/Rees 695-1370) 39
SUBJECT: Draft Department of State Authorization for FY's 1990
and 1991
SPECIAL
OCA 4153-88
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
A response to this request for your views is needed no later than
Wednesday, January 11, 1989.
SPECIAL
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Questions should be referred to Sue Thau/Annette Rooney
(395-7300), the legislative analyst in this office.
ef,?Sotri
Enclosures
cc: F.
E.
H.
G.
G.
Seidl
Springer
Schreiber
Redd
Bennethum
?
RONALD K. PETERSON for
Assistant Director for
Legislative Reference
M. Margeson
B. Blum
T. Davis
J. Eisenhour
A. Raul
R. Bent
B. Sasser
B. Long
B. Retylaff
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
UNDER SECRETARY OF STATE
FOR MANAGEMENT
WASHINGTON
December 21, 1988
Dear Mr. Wright:
Enclosed is the Department of State's draft authorization
act for new authorization of appropriations for FY 1990 and for
FY 1991 and a Section-by-Section analysis (Tab 1). Tab 2
contains a summary of proposed changes to the Department
Authorization Act and other legislation. Also enclosed are
draft letters to the President of the Senate and to the Speaker
of the House outlining the primary purpose of the proposed
legislation (Tab 3).
We would appreciate OMB's earliest attention to this
matter, since the House Foreign Affairs Committee is expected
to schedule consideration of this legislation early in the
first session of the 101st Congress.
Sincerely yours,
George S.1 Vest, Acting
Enclosures:
1. Department of State Authorization of Appropriation,
Fiscal Years 1990 and 1991 and a Section-by-Section
Analysis of the Act.
2. Summary of Changes to State Department Authorization.
3. Draft letters to President of the Senate and to the
Speaker of the House.
The Honorable
Joseph R. Wright, Jr., Director,
Office of Management and Budget.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
AN ACT
To authorize appropriations for fiscal years 1990 and 1991 for
the Department of State, and for other purposes.
Be it enacted by the Senate and the House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Title may be cited as the "Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991."
(b) Table of Contents.--The table of contents for this Act
is as follows:
INSERT TABLE OF CONTENTS
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 2 - 12/19/88 p.m.
TITLE I -- THE DEPARTMENT OF STATE
PART A -- AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF
FUNDS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS
a) In addition to amounts otherwise authorized for such
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",
$2,276,982,000 for the fiscal year 1990 and such sums as
may be necessary for the fiscal year 1991.
(2) For "International Organizations and
Conferences', $832,451,000 for the fiscal year 1990 and
such sums as may be necessary for the fiscal year 1991.
(3) For "International Commissions", $37,460,000
for the fiscal year 1990 and such sums as may be necessary
for the fiscal year 1991.
(b) In addition to amounts otherwise authorized for such
purposes, there are authorized to be appropriated to the
Department of State under "Migration and Refugee Assistance,
3370,000,000 for the fiscal year 1990 and such sums as may be
necessary for the fiscal year 1991.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 3 - 12/19/88 p.m.
(c) In addition to amounts otherwise authorized for such
purposes, there are authorized to be appropriated to the
Department of State for the following programs:
(1) "Bilateral Science and Technology Agreements",
$4,000,000 for the fiscal year 1990 and such sums as may be
necessary for the fiscal year 1991.
(2) 'Soviet-East European Research and Training",
$4,600,000 for the fiscal year 1990 and such sums as may be
necessary for the fiscal year 1991.
(3) "Asia Foundation", $8,300,000 for the fiscal year
1990 and such such as may be necessary for the fiscal year
1991.
SEC. 102. AVAILABILITY OF FUNDS
(a) Section 24 of the State Department Basic Authorities
Act is amended
(1) by renumbering subsections (b)(4) - (b)(6) as
(b)(5) - (b)(7) and by inserting as new subsection (b)(4):
"(b)(4) No later than the end of the second fiscal year
following the last fiscal year for which appropriations (other
than no-year appropriations) for any account under the heading
'Administration of Foreign Affairs' have been made available to
the Department of State, unobligated balances for such
appropriations may be transferred into and merged with the
Buying Power maintenance Account."; and
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 4 - 12/19/dd p.m.
(2) in subsection (d) by. striking "the
'Administration of Foreign Affairs' account, the
'International Organizations and Conferences' account, the
'International Commissions' account, or the 'Migration and
Refugee Assistance'" and inserting "an"; and by striking
the word "such" wherever it appears; and
(3) by inserting the following new subsections (e)
through (g):
"(e) If the amount appropriated (or made available in the
event of a sequestration order issued pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177) for a fiscal year pursuant to any authorization of
appropriations provided by an act other than an appropriation
act is less than the authorization amount and a provision of
that act provides that a specified amount of the authorization
amount shall be available only for a certain purpose, then the
amount so specified shall be deemed to be reduced for that
fiscal year to the amount which bears the same ratio to the
specified amount as the amount appropriated (or made available
in the event of sequestration) bears to the authorization
amount.
'M Refunds received in any fiscal year from disposition
of property acquired by contractors through use of funds
appropriated to the Department of State may be transferred to
the appropriate appropriations account currently available to
the Department in the year of refund.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
/a
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 5 - 12/19/88 p.m.
"(g) Amounts authorized to be appropriated for a fiscal
year for the Department of State are authorized to be obligated
for twelve month contracts which are to be performed in two
fiscal years, provided that the total amount for such contracts
is obligated in the earlier fiscal year."
(b) Subsection (a) shall apply only to funds appropriated
for fiscal year 1987 and thereafter. In the case of
appropriations provided for fiscal years 1987 and 1988, it
shall apply only to funds which become deobligated after the
date of enactment of this Act.
SEC. 103. FUNDING FOR SEVILLE WORLD'S FAIR
There is authorized to be appropriated $5,000,000, to be
available until expended, for costs associated with United
States participation in the 1992 Seville World's Fair. Such
funds shall be available for obligation or expenditure only to
the extent that they represent no more than one-third of the
U.S. Government's contribution toward the costs of such
particpation, the balance of the U.S. Government contribution
to be provided by the Department of Commerce and the United
States Information Agency.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 6 - 12/19/88 p.m.
PART B -- DEPARTMENT OF STATE AUTHORITIES
AND ACTIVITIES; FOREIGN MISSIONS
SEC. 121. AUTHORIZATION OF CERTAIN OPERATIONAL ACTIVITIES
Section 2 of the State Department Basic Authorities Act is
amended
(a) in subsection (g) by deleting "and" at the end;
(b) in subsection (h) by deleting the
its place ";"; and
(c) by inserting the following as new subsections (i) - (k):
"(i) obligations assumed in Germany on or after June
5, 1945;
(j) provision of telecommunications services; and
(k) provision of maximum physical security in
Government-owned and leased properties and vehicles abroad."
0.11
and inserting in
SEC. 122. SHARED COSTS AT AMERICAN EMBASSIES ABROAD
(a) Section 9 of the Foreign Service Buildings Act, 1926
(22 U.S.C. 300) is amended:
(1) in subsection (a)(1) by inserting "accept
reimbursement for use of" after "lease,"; and
(2) in subsection (b) by inserting "reimbursements"
after "payments,".
(b) Section 23 of the State Department Basic Authorities
Act is amended by inserting "(a)" before the existing text and
adding a new subsection at the end as follows:
' Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 7 - 12/19/88 p.m.
"(b) In order to ensure that overseas administrative
support services are available for all Federal agencies with
representation at U.S. missions abroad, and are provided in the
most efficient and economical manner possible, other Federal
agencies shall make use of such services provided by the
Department of State, to the extent that the Department of State
determines that it is able to provide such services in an
efficient and cost effective manner, on a reimbursable basis.
In particular, all such agencies will provide cost
reimbursement for local guard programs, provided by the
Diplomatic Security Service pursuant to. section 105(2)(D) of
the Omnibus Diplomatic Security and Antiterrorism Act of 1986
(22 U.S.C. 4804(2)(D).
SC. 123. AUTHORITY OF .DIPLOMATIC SECURITY SERVICE
Section 37(a)(5)(A) of the State Department Basic
Authorities Act (22 U.S.C. 2709(a)(5)(A)) is amended to read as
follows:
"(A) in the case of a felony violation, if the special
agent has reasonable grounds to believe that such person
has committed or is committing such violation; or"
SEC. 124. FEES AND REIMBURSEMENTS
The State Department Basic Authorities Act of 1956 is
amended by adding as a new section 43:
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 8 - 12/19/88 P.m.
"SEC. 43. (a) Notwithstanding sections 1 and 2 of the Act
of June 4, 1920, as amended (22 U.S.C. 214 and 215), and any
other provision of law, up to $20 million each fiscal year in
fees collected:
(1) by the Secretary of State for issuance of
passports and for execution of applications for passports,
(2) by consular officers for issuance of visas and for
execution of applications for visas, and
(3) by consular officers for performance of notarial
functions;
shall be credited to a Department of State account which shall
be available without fiscal year limitation only for the
payment of the expenses of research, development, and equipment
for automation of passport and visa functions, including
related software. Such account shall not exceed $20, million at
any one time. Any such funding derived from fees will not be
treated as an offset to other Department funding.
*(b) Notwithstanding any other provision of law, funds
received by the Department in connection with use' of Blair
House, including reimbursements and surcharges for services and
goods provided and fees for use of Blair House facilities, may
be credited to the appropriate appropriation account currently
available to the Department, and shall be available for the
purposes for which such appropriation account is authorized to
be used.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 9 - 12/i/Lits p.m.
SEC. 125. WAR HAZARDS COMPENSATION ACT
Section 16 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2680a) is hereby amended as follows:
(1) by designating the existing text as subsection
"(a)"; and
(2) by adding the following new subsection:
"(b) With respect to any contract or other work performed
at a diplomatic or consular mission of the United States, the
term 'war-risk hazard" shall include for purposes of the Act of
December 2, 1942 (commonly known as the War Hazards
Compensation Act) any hazard arising from terrorist activity,
as determined by the Secretary of State in consultation with
the Secretary of Labor, whether or not such hazard is otherwise
included within the definition of "war-risk hazard' contained
in section 201 of that Act.'
SEC. 126. INTERNATIONAL CENTER
Section 4 of the International Center Act is amended by
inserting at the end the following new subsection (c):
"(c) The Department of State is authorized to charge U.S.
Government agencies for the lease or use of facilities located
at the International Center and used for the purposes of
security and maintenance. Any payments received for lease or
use of such facilities shall be credited to the account
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 10 - 12/19/88
p? m ?
entitled 'International Center, Washington, D.C." and shall be
available, without fiscal year limitation, to cover the
operating expenses of such facilities including but not limited
to administration, maintenance, utilities, repairs and
alterations.'
SEC. 127. ACQUISITION OF DOMESTIC PROPERTY AS INTERIM STEP TO
ACQUIRING PROPERTY ABROAD
(a) Section 203(c) of the State Department Basic
Authorities Act is amended by striking -"and" at the end of
subparagraph (2); by renumbering subparagraph "(3)" as
subparagraph "(4)1'; and by inserting as a new subparagraph (3):
"(3) dispose of property acquired in carrying out the
purposes of this Act, provided that proceeds from
disposition of properties acquired pursuant to section
204(f) shall be credited to the Foreign Service Buildings
Fund under section 9 of the Foreign Service Buildings Act,
1926; and";
(b) Section 204 of the State Department Basic Authorities
Act is amended
(1) in subsection (b) by striking the 'or' at the end
of (b)(3) and inserting "or" at the end of (b)(4), and by
adding a new subparagraph (b)(5) as follows:
"(5) to implement an exchange of property with a
foreign country, such property to be used by each
government in the receiving state for or in connection with.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 11 - 12/19/88
p.m.
diplomatic or consular establishments,"; and
(2) adding a new subsection (f) as follows:
"(f) Upon a determination in each specific case by the
Secretary or his designee that the purposes of the Foreign
Service Buildings Act, 1926, can best be met on the basis of an
in-kind exchange of properties with a foreign country pursuant
to subsection (b)(5), the Secretary may transfer funds made
available under the heading "Acquisition and Maintenance of
Buildings Abroad' for such purposes, including funds held in
the Foreign Service Buildings Fund, to the Working Capital Fund
as provided in section 208(h)(1) of this Act."
(c) Section 9(a)(1) of the Foreign Service Buildings Act,
1926 is amended by adding "or in the United States pursuant to
section 204(b)(5) of the State. Department Basic Authorities Act
of 1956" at the end.
SEC. 128. WORKING CAPITAL FUND FOR OFFICE OF FOREIGN MISSIONS
Section 13 of the State Department Basic Authorities Act is
amended by inserting 'and' before "(4)"; and by striking "; and
(5) services and supplies to carry out" and inserting in its
place ? Such fund shall also be available without fiscal year
limitation to carry out the purposes of".
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 12 - 12/19/88
p.m.
SEC. 129. FOREIGN SERVICE INSTITUTE FACILITIES
Section 123(c)(2) of the Foreign Relations Authorization
Act, 1986-87 is amended by striking "$50,000,000" and inserting
in its place "62,000,000".
SEC. 130. MUNITIONS CONTROL REGISTRATION FEES.
Section 38(b)(3)(A) of the Arms Export Control Act (22
U.S.C. 2778) is amended by striking 'of the fiscal years 1988
and 1989," and inserting in its place "fiscal year, beginning
with fiscal year 1988,".
SEC. 131.
ESTABLISHMENT OF STAFFING LEVELS BY CHIEF OF MISSION
(a) Section 801 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989, is hereby repealed;
(b) Section 103(b) of the Omnibus Diplomatic Security and
Antiterrorism Act (22 U.S.C. 4802(b)) is amended by striking
'or regional inspector general offices under the jurisdiction
of the Inspector General, Agency for International Development'
in subsection (b)(2); and
(c) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100- 461) is
amended by striking ":" after 'heading" in "Operating Expenses
of the Agency for International Development Office of Inspector
General' and inserting in its place 6." and striking everything
thereafter.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001600060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 13 - 12/19/88
p ? m?
? SEC. 132. STATE DEPARTMENT POST OFFICES ABROAD
Title 39 United States Code is amended as follows:
(a) Section 406 is amended:
(1) By adding 'and diplomatic posts abroad' after
'installations' in the title; and
(2) In subsection (a) by striking 'and" after "Armed
Forces' and replacing it with "," and inserting ", and at
diplomatic posts abroad' before the it." at the end; and
(3) In subsection (b) by inserting ", State" after
'Defense'.
(b) Section 3401 is amended
(1) by inserting 'and United States Government
employees assigned to United States diplomatic missions
abroad" in the title;
(2) in subsection (e.) by inserting 'and the Department
of State' after 'Department of Defense" in the first line;
by striking "the Department of Defense' in the third line
and replacing it with 'these agencies'; by inserting "or
diplomatic posts abroad" after 'Armed Forces post offices";
and by inserting "or a diplomatic post abroad' before the
"." at the end; and
(3) in subsection (f) by inserting 'or the Secretary
of State" after "Secretary of Defense".
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 14 - 12/19/88
p.m.
SEC. 133. REPORT ON EXPENDITURES MADE FROM APPROPRIATION FOR
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
Section 124 of the Foreign Relations Authorization Act,
Fiscal Years 1988-89 (Public Law 100-204) is repealed.
SEC. 134. INTERNATIONAL BOUNDARY & WATER COMMISSION
(a) Section 103 of the Act of September 13, 1950, as
amended (22 U.S.C. 277d-3) is amended by inserting after "guard
purposes;" 'official entertainment and other representation
expenses within the United States for the United States
section;"
(b) Section 101 of the Act of June 20, 1956 (22 U.S.C.
277d-12) is amended as follows:
(1) In the title by inserting "and sanitation' after
"flood control'; and by striking 'Rio Grande' and inserting
in its place 'boundary rivers, and boundary sanitation
problems";
(2) In the provision by inserting "or sanitation"
after 'flood control"; by striking the "." after "Rio
Grande" and insertiug in its place ", Colorado ?and Tijuana
Rivers; and for taking of emergency actions to protect
against health threatening sanitation problems in the
United States along the U.S.-Mexico Boundary."
(c) The Act of May 13, 1924, as amended (22 U.S.C. 277 -
277f), is amended as follows:
(1) in section 3 (22 U.S.C. 277b) by
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
p ? m ?
- 15 - 12/19/88
(A) inserting "(1)* after "authorized" in the
first line; by striking 'and (b)* and inserting "(2)";
and by striking the w." and inserting in its place
"; and (3) to carry out preliminary surveys,
operations and maintenance of the interceptor system
to be constructed to intercept sewage flows from
Tijuana and from selected canyon areas as currently
planned, and the operation and maintenance upon
completion of the proposed Environmental Protection
Agency and Corps of Engineers pipeline and plant
project to capture Tijuana sewage flows in the event
of a major breakdown in Mexico's conveyance system.";
and
(B) adding the following new subsections (b) and
(c)i
"(b) Expenditures for the Rio Grande bank protection
project shall be subject to the provisions and conditions
contained in the appropriation for said project as provided by
the Act approved April 25, 1945 (59 Stat. 89).
(*c) The Anzalduas diversion dam shall not be operated for
irrigation or water supply purposes in the United States unless
suitable arrangements have been made with the prospective water
users for repayment to the Government of such portions of the
dam as shall have been allocated to such purposes by the
Secretary Of State.*; and
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 16 - 12/19/88
p ? m ?
(2) by adding the following new section:
.(9)(a) Upon conclusion of an appropriate agreement
between the United States and Mexico, and notwithstanding any
other provision of law, there shall be established in the
Treasury of the United States a revolving fund to be known as
the 'International Boundary and Water Commission Revolving
Fund" ("Fund"). The Fund shall be available to the United
States Commissioner, acting for the International Boundary and
Water Commission ("Commission') to carry out the purposes,
functions, and powers authorized by this Act, including
construction, operation and maintenance of international works
undertaken through the Commission pursuant to recommendations
of the Commission approved by the Governments of the United
States and Mexico, including but not limited to international
flood control works, international storage, flood control
and/or power generation dams, international boundary
stabilization works, and international water pollution control
works. Such funds used in accordance with the authorities of
this section shall be in addition to other funds available for
the purposes authorized to the United States Section of the
Commission.
"(b) Notwithstanding section 2 of Public Law 83-406 and any
other provision of law, there shall be deposited in the Fund by
the Governments of the United States and Mexico in accordance
with the agreement concluded between the United States and
Mexico, on a continuing basis, receipts from sale of
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 17 - 12/19/88
p.m.
electricity generated by electrical power plants owned by the
United States and by Mexico at Falcon and Amistad dams and
others that the Commission may recommend and the two
Governments approve. No funds may be obligated or expended by
the United States Commissioner pursuant to 277g(a) from this
Fund in any fiscal year unless such obligation or expenditure
has been specifically authorized by law and there exists a
proportionate contribution by the Government of Mexico of funds
from receipts from sale of electricity generated at electrical
power plants owned by it at Falcon and Amistad dams and others
that the Commission may recommend and the two Governments
approve. All funds deposited in such account shall,
notwithstanding any other provision of law, be available until
expended. All funds in such account may be invested in
obligations of the United States.
6(c) Not later than 30 days after the end of each fiscal
year, the Secretary of the Treasury shall report to the
Congress the amount of revenues deposited in the Fund during
each fiscal year.?
SEC. 135. SALE OF PERSONAL PROPERTY
Section 301(7) of the State Department Basic Authorities
Act is amended by inserting at the end:
The Secretary may authorize individuals to retain a
portion of such profit before making a required
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved ForRelease2012/09/24 : CIA-RDP90M00005R001500060002-3
- 18 - 1.2/1/titi
contribution to charity to offset in whole or in part
income taxes that may accrue from such sale, disposition or
assignment.?
SEC. 136. AUTHORITY TO RETAIN FUNDS FOR EXPENSES FROM CLAIMS
SETTLEMENT FUNDS
Chapter 34 of the Act of February 27, 1896 (22 U.S.C.
2668a) is amended as follows:
(1) by inserting ", subject to the deduction made
under subsection (b) of this section, if any," after "and
certify the same" in the second sentence;
(2) by designating the existing text, as so amended,
as subsection (a);
(3) by inserting at the end thereof the following new
subsection (b):
w(b) The Secretary of State shall deduct from moneys
received from foreign governments and other sources as a result
of an international arbitration or other international dispute
settlement proceeding to which the United States is a party an
amount equal to 5 percent of any moneys determined by the
Secretary to be due a private U.S. claimant, as reimbursement
for expenses incurred. The amount so deducted shall be
deposited in a special interest-bearing account held by the
U.S. Treasury. Notwithstanding any other provision of law,
moneys in this account are authorized for use by the Department
of State for expenses incurred in connection with such
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 19 - 12/19/db
p.m.
proceedings and shall remain available until expended. Thi
subsection shall not apply to any expenses incurred or amounts
received in connection with the Iran-United States Claims
Tribunal, or to any funds created under section 1627 of this
title.'
SEC. 137. OPERATION OF POSTS ABROAD
Sections 122 and 204 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (Public Law 100-204) are
repealed.
SEC. 138. CONSULAR OFFICER DUTIES
Section 31 of the Act of June 22, 1860 (22 U.S.C. 4192) is
repealed.
SEC. 139. ACCESS TO CRIMINAL RECORDS
(a) Section 9101 of title 5 of the United States Code is
amended in subsections (b)(1), (b)(3)(A), (b)(3)(B), and (c) by
inserting ', the Department of State' before or the Federal
Bureau of Investigation";
(b) The amendments made by this section shall be effective
with respect to any investigation which begins after the date
of enactment of this Act and which is conducted by the
Department of State for purposes specified in paragraph (b)(1)
of section 9101 of title 5, United States Code, or for national
security or criminal justice purposes authorized by law.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 20 - 12/19/88
p ? m ?
SEC. 140. PROCUREMENT, MAINTENANCE, OPERATION AND UTILIZATION
OF AUTOMATIC DATA PROCESSING EQUIPMENT
Section 759(a)(3) of title 40, United States Code, is
amended by
(1) deleting 'or* at the end of 759(a)(3)(C)(v);
(2) striking the u.' in subsection (D) and inserting in its
place 'or'; and
(3) adding the following new subparagraph (E):
"(E) the procurement by the Department of State of
automatic data processing equipment or services if the
function, operation, or use of which--
(i) involves intelligence activities;
(ii) involves cryptologic activities related to
national security; Or
(iii) is critical to the direct fulfillment of
intelligence missions;
(iv) is otherwise essential to national security
provided that this exclusion shall not include automatic data
processing equipment used primarily for routine administrative
and business applications such as payroll, finance, logistics
and personnel management.
SEC. 141. (SEC. 141. INTERNATIONAL GRANTS
Save 'for possible fix to drug-free work place re grants if
needed]
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 21 - 12/19/88
p.m.
PART C--DIPLOMATIC IMMUNITY, RECIPROCITY AND SECURITY
SEC. 150. EXCLUSION OF ALIENS PREVIOUSLY INVOLVED IN A
SERIOUS CRIMINAL OFFENSE COMMITTED IN THE UNITED STATES.
(a) Section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)) is amended--
(1) by striking out the period at the end of paragraph
(33) and inserting in its place "; and and
(2) by adding after paragraph (33) the following new
paragraph:
"(34)(A) Any alien as to whom there is probable cause
to believe that he or she has committed in the United
States any serious criminal offense, as defined in
subparagraph (B), and who has exercised immunity from
criminal jurisdiction with respect to that offense;
except that such alien may be admitted to the United
States to participate in any proceeding regarding such
offense.
(B) For purposes of this paragraph, the term
'serious criminal offense' means--
"(i) any felony;
"(ii) any crime of violence, as defined in
section 16 of title 18 of the United States Code; or
"(iii) any crime of reckless driving or of
driving while intoxicated or under the influence of
alcohol or of prohibited substances when that crime
involves personal injury to another."
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 22 - 12/19/88
p ? m ?
(b) Section 212(h) of the Immigration and Nationality Act
of 1952 (8 U.S.C. 1182(h)) is amended in the title and in the
text by striking "or' after "(10)", and inserting ", or (34)"
after "(12)".
(c) [Reserve for possible provisions on proper use of pouch
and on liability insurance]
SEC. 151. UNITED STATES - SOVIET RECIPROCITY IN MATTERS
RELATING TO EMBASSIES.
Section 153(b) of Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204) is amended by
striking "until the United States mission in Kiev is able to
occupy secure permanent facilities" at the end and inserting in
its place 'except on the basis of reciprocity as to the
establishment by the United States of a consulate in Kiev".
SEC. 152. UNITED STATES-SOVIET EMBASSY AGREEMENT
In light of decisions taken by the President in connection
with obtaining a secure facility for the United States mission
to the USSR in Moscow, section 151 of the the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law
100-204) is repealed.
SEC. 153. CHILD CARE FACILITIES AT CERTAIN POSTS,ABROAD
Section 31 of the State Department Basic Authorities Act is
amended by adding a new subsection (d) as follows:
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 23 - 12/19/88
"(d) The Secretary of State may make grants to child care
facilities in Moscow and at other posts abroad where the
Secretary determines that due to extraordinary circumstances
such facilities are necessary to the efficient operation of the
post. In determining that a facility is necessary, the
Secretary shall take into account factors such as:
"(1) Whether Foreign Service spouses are encouraged to
work at the mission because
"(a) the number of members of the mission is
subject to a ceiling imposed by the receiving country;
p.m.
and
"(b) Foreign Service Nationals are not employed
at the mission; and
"(2) Whether local child care is available.".
SEC. 154. STATE DEPARTMENT CONTRACTOR EXEMPTION TO POLYGRAPH
PROTECTION ACT
Sec.7. of the Employee Polygraph Protection Act of 1988
(Public Law 100-347) is amended by
a) redesignating subparagraph "(d)" as subparagraph "(e)";
and
b) inserEing the following new subparagraph:
"(d) Department of State Contractors Exemption.--Nothing in
this Act shall be construed to prohibit the administration, by
the Department of State, of any lie detector test, administered
under regulations implementing the Department's polygraph
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 24 - l2/l9/Ub
p.m.
program, to an individual under contract to the Department or
an employee of a contractor or subcontractor of the Department
of State who is engaged in the performance of any work under a
contract or subcontract with the Department."
[SEC. 155. FOREIGN SOVEREIGN IMMUNITY
Save for provision if necessary]
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 25 - 14/1yf00
p.m.
PART D -- PERSONNEL
SEC. 160. AUTHORITY TO TRANSFER RETIREMENT CONTRIBUTIONS
FOR FOREIGN SERVICE NATIONALS TO LOCAL PLANS
(a) Subsection 408(a) of the Foreign Service Act of 1980
(22 U.S.C. 3968) is amended by inserting at the end thereof the
following new subparagraph:
"(3) At the direction of the Secretary of State, and
where a foreign national employee so elects during a
one-year period established by the Secretary of State with
respect to each post abroad, the Secretary of the Treasury
shall transfer such employee's interest in the Civil
Service Retirement and Disability Fund to a trust or other
local retirement plan certified by the U.S. Government,
under a local compensation plan .established for foreign
national employees pursuant to this section (excluding
local social security plans). For purposes of this
paragraph, an employee's "interest in the Civil Service
Retirement and Disability Fund" shall mean the lump sum
credit and the total of government contributions with
respect to such employee, pursuant to subsections 8331(8)
and 8334(a)(1) of title 5, United States Code,
respeotively, plus interest at the rate provided in
subsection 8334(e)(3) of such title. Any such transfer
shall void any annuity rights or entitlement to lump sum
credit under subchapter III of chapter 83 of such title."
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 26 - 12/19/88
p ? m ?
(b) Section 8345 of Title 5, United States Code is amended
by adding at the end thereof a new subsection (1), as follows:
6(1) Transfers of contributions and deposits
authorized by Section 408(a)(3) of the Foreign Service Act
of 1980, as amended, shall be deemed a complete and final
payment of benefits under this chapter, for the employee's
funds thus transferred.
SEC. 161. JUDICIAL REVIEW -- SEPARATION FOR CAUSE
Section 610 of the Foreign Service Act of 1980- (22 U.S.C.
4010) is amended by adding at the end of subsection (a)(2) the
following new sentence:
'Section 1110 shall also apply to proceedings under this
paragraph.":
SEC. 162. TRAVEL, LEAVE, AND OTHER BENEFITS
Section 901 of Chapter 9 of the Foreign Service Act of 1980
(22 U.S.C. 4081) is amended as follows:
(1) Paragraph (8) is amended by striking 'by a member
of the Service' from the introductory clause.
(2) Paragraph (9) is amended by inserting 'to or"
immediately after 'round-trip travel"; and
(3) Paragraph (11) is amended by inserting 'or at"
immediately after *(and of his or her family) to' and by
striking 'successive'.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 27 - 12/19/88
p ? m ?
SEC. 163. AMENDMENTS TO TITLE 5, UNITED STATES CODE
(a) Section 5523(a) is amended
(1) in subparagraph (1)(A) by inserting "(or that of
his dependents or immediate family, as the case may be)"
after 'departure"; and
(2) in the last sentence by striking the phrase "not
more than 120 additional days" and by inserting in its
place '120 additional days, and thereafter in 30-day
increments'.
(b) Section 5551(a), is amended by adding after the
word "pay" in the second sentence, "or, for service as part
of a tour of duty or extension thereof commencing on or
after July 1, 1990, the basic pay,".
(c) Section 5922 is amended by adding at the end
thereof the following new subsections (d) and (e):
"(d) When a quarters allowance or allowance related to
education under this subchapter, or quarters furnished in.
Government-owned or controlled buildings under section 5912,
would be furnished to an employee but for the death of the
employee, such allowances or quarters may be furnished or
continued for the purpose of allowing any child of the employee
to complete the current school year at post or away from post
notwithstanding the employee's death."
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 28 - 12/19/88
p ? m ?
"(e) When an allowance related to education under this
subchapter would be authorized to an employee but for the
evacuation/authorized departure status of the post, such an
allowance may be furnished or continued for the purpose of
allowing dependent child(ren) of such employee to complete the
current school year or, when circumstances dictate, to continue
to the end of the evacuation/authorized departure period."
(d) Section 5923, relating to quarters allowance, is
amended--
(1) in paragraph (1), by inserting "and
subsistence' after 'lodging" and by inserting
'including meals and laundry expenses' after
'quarters' the first time it appears;
(2) in subparagraph (1)(A), by striking "3
months' and inserting '90 days" in its place;
(3) in subparagraph (1)(B), by striking "1 month"
and inserting '30 days" in its place; and
(4) by adding at the end of paragraph (1)(B) the
following new subparagraph:
'(C) The allowance under subparagraphs (A) and (B) may be
extended for up to an additional 60 days if the head of agency
concerned or his designee determines that there are compelling
reasons beyond the control of the employee for the continued
occupancy of temporary quarters.'
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 29 -
p ? m ?
(e) Section 5924(2) is amended--
(1) by inserting "subsistence and other
relocation' after "reasonable" and inserting
"(including unavoidable lease penalties)" after
'expenses'; and
(2) in subparagraph (A), by deleting "the
Commonwealth of Puerto Rico' and inserting "the
Commonwealths of the Northern Marianas Islands or
Puerto Rico," in its place; and
(3) in subparagraph (B), by striking "between
assignments to posts in foreign areas" and inserting
"after the employee agrees in writing to remain in
Government service for 12 months after transfer,
unless separated.for reasons beyond the control of the
employee that are acceptable to the agency concerned"
in lieu thereof.
(f) Section 5924(4) is amended--
(1) in the introduction, by inserting "or
official assignment to serve in such area or areas,"
after "foreign areas";
(2) in subparagraph (A), by striking
'kindergarten' and inserting in its place
"pre-kindergarten for handicapped children,
kindergarten,"; and
(3) in the first line of subparagraph (B), by
inserting, "its territories and possessions and the
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 30 - 12/19/H8
p ? m ?
Commonwealths of the Northern Marianas Islands and
Puerto Rico,' after "United States", and by striking
'undergraduate college' each time it appears and
inserting in its place 'post-secondary educational
institution"; and
(4) by striking the last sentence in
subparagraph (B) and inserting as new
subparagraph (C):
"(C) Notwithstanding section 5921(6) of this title an
education allowance under subparagraph (A) and travel
expenses for the purpose of obtaining post-secondary
education under subparagraph (B) may be authorized
under such regulations as the President may prescribe
for dependents of employees assigned outside the
continental U.S..-"
SEC. 164. CREDIT FOR SERVICE AT UNHEALTHFUL POSTS
(a) Section 816(i)(2) of the Foreign Service Act of 1980
(22 U.S.C. 4056) is amended to read as follows:
"(2) A former spouse shall not be considered as
married to a participant for periods assumed to be
creditable service under section 808(a) or section 809(e)."
(b) Section 817 of such Act (22 U.S.C. 4057) is amended by
adding, at the end thereof, the following new sentences:
'Such extra credit shall not be used to determine the
eligibility of a person to qualify as a former spouse under
this subchapter, or to compute the pro rata share under
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 31 - 12/19/88
.40
section 804(10). No extra credit for service at
unhealthful posts shall be given under this section for any
service as part of a tour of duty, or extension thereof,
commencing on or after July 1, 1990."
SEC. 165. FORMER SPOUSES OF USIA AND AID EMPLOYEES
(a) Section 831 of the Foreign Service Act of 1980 (22
U.S.C. 4069b) is amended by adding at the close thereof a new
subsection (g), as follows:
*(g) Any individual who was on February 14, 1981, an
otherwise qualified former spouse pursuant to section 830
of this Act, but who was married to a former Foreign
Service employee of the United States Information Agency or
of the Agency for International Development shall be
entitled to benefits under this section if the former
employee retired from the Civil Service Retirement and
.Disability System on a date before his employing agency
could legally participate in the Foreign Service Retirement
and Disability System, so long as the marriage included at
least five years during which the employee was assigned
overseas."
(b) Section 832 of the Foreign Service Act of 1980 (22
U.S.C. 4069c), as amended, is amended by adding at the close
thereof a new subsection (g), as follows:
"(g) Any individual who was on February 14, 1981, an
otherwise qualified former spouse pursuant to subsections
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 32 - 12/19/88
p.m.
(a), (b), and (c) of this section, but who was married to a
former Foreign Service employee of the United States
Information Agency or of the Agency for International
Development shall be entitled to benefits under this
section if the former employee retired from the Civil
Service Retirement and Disability System on a date before
his employing agency could legally participate in the
Foreign Service Retirement and Disability System, so long
as the marriage included at least five years during which
the employee was assigned overseas."
SEC. 166. GRANTS FOR INSTITUTIONS EDUCATING MINORITIES IN
INTERNATIONAL AFFAIRS.
The State Department Basic Authorities Act of 1956 (22
U.S. C. 2269 et seq.) is amended by adding the following new
section 44:
'SEC. 44. Grants for Training and Education of Minorities
in International Affairs.
"The Secretary of State may make grants to post-secondary
educational institutions or minority students for the purpose
of increasing the level of knowledge and awareness of and
interest in employment with the Foreign Service, consistent
with Section 105 of the Foreign Service Act of 1980, as
amended.'
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 33 - 12/19/88
p.m.
SEC. 167. RETIREMENT BENEFITS FOR PERSONS TRANSFERRING TO
INTERNATIONAL ORGANIZATIONS
(a) Section 854 of the Foreign_ Service Act of 1980 (22
U.S.C. 4071c) is amended by inserting a new paragraph (e) as
follows:
"(e) Credit shall be given under this System to a
participant for a period of service with a public international
organization in which the government of the United States
participates, provided that the participant:
(1) Transfers to the international organization ?with
the consent of the head of his agency, and that
(2) Employee deductions and agency contributions for
the period of employment with the international
organization are.currently deposited in the Fund.
except that such service shall not be considered creditable
service for the purpose of any retirement system for
transferring personnel, if such service forms the basis, in
whole or in part, for an annuity or pension under the
retirement system of the international organization."
(b) Section 3582(a)(1) of title 5 of the United States Code
is amended by striking any system established by law for the
retirement of employees,' and inserting the following:
'the Civil Service Retirement and Disability System or
the Federal Employees Retirement System,'
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
/
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 34 - 12/19/88
p.m.
SEC. 168. CHIEF OF MISSION SALARY
Section 302(b) of the Foreign Service Act of 1980 (22
U.S.C. 3942(b)) is amended by striking "shall receive the
salary and all that follows and inserting in its place may
elect to continue to receive the salary of his or her salary
class, to remain eligible for performance pay under chapter 4,
and to receive the leave to which such member is entitled under
subchapter I of chapter 63 of title 5, United States Code, as a
member of the Senior Foreign Service, in lieu of receiving the
salary and leave (if any) of the position to which the member
is appointed by the President.'
SEC. 169. WAIVERS FOR ALTERNATE ANNUITIES
Section 807(e)(4) of the Foreign Service Act of 1980 (22
U.S.C. 4047'(e)(4)) is amended to read:
"(4) A participant who, at the time of retiring
under this subchapter has a former spouse, shall be
ineligible to make an election under this section if
the former spouse is entitled to benefits under this
subchapter (based on the service of the participant)
unless a spousal agreement has been executed under
section 802(b)(1) acknowledging the reduction of
retirement benefits for the former spouse.'
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 35 - 12/19/88
p.m.
SEC. 170. HIGHER MINIMUM RATES OF PAY FOR THE FOREIGN SERVICE
SCHEDULE.
Chapter 4 of the Foreign Service Act of 1980 is amended by
inserting at the end thereof the following new section:
414. Higher minimum rates.
"(a) When the Secretary of State finds that pay rates in
private enterprise for one or more occupations are so
substantially above the pay rates of the Foreign Service
Schedule, as set forth in Section 403 of this Act, as to impede
significantly the Government's ability to recruit or retain
well-qualified individuals in positions paid under Section 403,
he may establish higher minimum rates of basic pay for one or
more classes, occupational groups, series, or subdivisions
thereof, and may make corresponding increases in all step rates
of the pay range for.each such-class or occupational group.
However, a rate so established may not exceed the maximum pay
rate prescribed by statute for the class.
e(b) Within the limitations of subsection (a) of this
section, rates of basic pay established in that subsection may
be revised from time to time by the Secretary of State. The
actions and revisions have the force of law.
*(c) An increase in rate of basic pay established
under this section is not a within-class salary increase
within the meaning of Section 406 of this Chapter.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 36 - 12/19/88
p.m.
SEC. 171. SAVINGS PROVISION
All determinations, authorizations, regulations, orders,
agreements, or other actions made, issued, undertaken, entered
into or taken under authority of any provision of the Foreign
Service Act of 1980 repealed, modified, or affected by this Act
shall continue in full force and effect until modified,
revoked, or superseded by appropriate authority.
SEC. 172. ONE-TIME EXCLUSION OF GAIN FROM SALE OF PRINCIPAL
RESIDENCE BY INDIVIDUAL WHO HAS ATTAINED AGE 55
Section 121 of the Internal Revenue Code of 1986 is amended
by inserting the following new subparagraph (9) under
subsection (d):
"(9) In the case of members of the Foreign Service, as
defined by subsections 103(3), (4), and (5) of the Foreign
Service Act of 1980, as amended, the five-year period
referred to in subsection (a)(2) may be extended for an
additional two years where the Foreign Service member has
been on assignment overseas during the period immediately
preceding the sale of his or her principal residence."
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
1.4/1//tits
p? m ?
TITLE II - INTERNATIONAL ORGANIZATIONS
SEC. 201. UNITED STATES MEMBERSHIP IN INTERNATIONAL SUGAR
ORGANIZATION AND INTERNATIONAL TROPICAL TIMBER ORGANIZATION
The President is authorized to continue membership for the
United States in the International Sugar Organization and the
International Tropical Timber Organization.
SEC. 202. REFORM IN BUDGET DECISION-MAKING PROCEDURES OF THE
UNITED NATIONS AND ITS SPECIALIZED AGENCIES
The Congress finds that the United Nations and its
specialized agencies have made progress in the formulation and
implementation of budget reforms as called for by section 143
of the Foreign Relations Authorization Act, Fiscal Years 1986
and 1987, as amended-(Public Law 99-93). Presidential
determinations that were required by that- and other laws
confirm the progress that has been made in this respect. The
Congress finds that it is imperative that these organizations
continue to implement these and other reforms. Therefore,
Congress urges the Secretary of State to ensure that the United
Nations and its specialized agencies have implemented or are
implementing reforms enhancing the role of major contributors
in the budget making process and promoting greater financial
responsibility in the preparation of the assessed budgets of
those organizations before expending funds appropriated for
contributions to those organizations.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 38 - 12/19/88
p.m.
SEC. 203. CONTRIBUTION TO THE REGULAR BUDGET OF THE
INTERNATIONAL COMMITTEE OF THE RED CROSS
Section 742 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989, is repealed.
-
-
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved ForRelease2012/09/24 : CIA-RDP90M00005R001500060002-3
- 39 - 12/19/88
TITLE III - IMMIGRATION AND REFUGEE PROVISIONS
p.m.
SEC. 301. OUTREACH PROGRAMS WITHIN THE UNITED STATES TO
PROMOTE NORMAL IMMIGRATION OF RELATIVES OF FORMER REFUGEES
For fiscal year 1990 and succeeding fiscal years, the
Secretary of State is authorized to make grants to, and
contracts with, public or private nonprofit agencies for
outreach programs aimed at encouraging persons admitted as
refugees to apply for permanent resident status and
citizenship, and to file immigrant visa petitions for their
relatives seeking to enter the United States for resettlement.
SEC. 302. UN HIGH COMMISSIONER FOR REFUGEES AUDIT REQUIREMENT
Section 113(a) of Public Law 99-93 is amended to read as
follows:
"(a) PROGRAM AUDITS.-- Funds may not be available to the
United Nations High Commissioner for Refugees under this or any
other Act unless provision is made for--
"(1) annual program audits to determine the use of
UNCHR funds, including the use of such funds by
implementing partners; and
'(2) such audits are made available through the
Department of State for inspection by the Comptroller
General of the United States.'
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
SECTIONAL ANALYSIS
AN ACT
TO AUTHORIZE APPROPRIATIONS FOR FISCAL YEARS 1990 AND
1991 FOR THE DEPARTMENT OF STATE, AND FOR OTHER PURPOSES
Section 1: Short Title
This section provides that the Act may be cited as the
"Foreign Relations Authorization Act, Fiscal Years 1990 and
1991."
PART A -- AUTHORIZATION OF APPROPRIATIONS;
ALLOCATION OF FUNDS; RESTRICTIONS
Section 101: AUTHORIZATION OF APPROPRIATIONS
This section authorizes appropriation of funds to carry
out the functions and duties of the Department of State in
accordance with the provisions of Section 15(a) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2680), as
amended. This Act primarily authorizes funds to be
appropriated for fiscal years 1990 and 1991.
Subsection (a):
Category 1 -- Authorizes appropriations under the heading
"Administration of Foreign Affairs" for fiscal years 1990 and
1991. This category provides the necessary funds for the
salaries, expenses and allowances of the officers and employees
of the Department, both in the United States and abroad and the
expenses of the Office of the Inspector General. It includes
funds for executive direction and policy formulation, conduct
of diplomatic relations with foreign governments and
international organizations, acquisition and maintenance of
office space and living quarters for United States missions
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-2- 12/19/88 p.m.
abroad, provision of security for those operations, and
domestic public information activities. This category also
provides for representational expenses in accordance with
Section 905 of the Foreign Service Act of 1980. Further, it
authorizes funds for such activities as funds for relief and
repatriation loans to United States citizens abroad and for
other emergencies of the Department; and authorizes
appropriations for protection of foreign missions and
officials, and the American Institute in Taiwan.
Category (2) -- Authorizes appropriations for fiscal years
1990 and 1991 under the heading "International Organizations
and Conferences." This category provides the necessary funds
for United States contributions of its assessed share of the
expenses of the United Nations and other international
organizations of which the United States is a member, including
arrearages from prior year contributions. In addition,
provision is made for funding of official United States
Government participation in regularly scheduled or planned
multilateral intergovernmental conferences, meetings and
related activities, and for contributions to international
peacekeeping activities in accordance with multilateral
agreements.
Category (3) -- Authorizes appropriations for fiscal years
1990 and 1991 under the heading "International Commissions."
This category provides funds necessary to enable the United
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-3- 12/19/88 p.m.
States to meet its obligations as a participant in
international commissions such as the American Sections of
international commissions dealing with American boundaries and
related matters with Canada and Mexico, and international
fisheries commissions.
Subsection (b) authorizes appropriations for fiscal years
1990 and 1991 under the heading "Migration and Refugee
Assistance" to enable the Secretary of State to provide
assistance and make contributions for migrants and refugees,
including contributions to international organizations such as
the United National High Commissioner for Refugees and the
International Committee for the Red Cross, through private
voluntary agencies, governments, and bilateral assistance, as
authorized by law.
Subsection (c) authorizes appropriations for "Other
Activities" for fiscal years 1990 and 1991. This provides
funds for United States bilateral science and technology
agreements, Soviet-East European research, and the Asia
Foundation.
Section 102. AVAILABILITY OF FUNDS.
This section amends section 24 of the Department's Basic
Authorities Act in a number of ways affecting the availability
of funds for use by the Department.
Subsection (a)(1) amends section 24(h) to provide that
unobligated balances in accounts under the heading
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-4- 12/19/88 p.m.
"Administration of Foreign Affairs" may be transferred to and
merged with the Department's Buying Power Maintenance Fund at
any time prior to the end of the two-year period following the
period of availability, when the funds would otherwise revert
to the Treasury. This authority applies only to expiring
balances and is not applicable to no-year funds. Once
transferred, the balances could only be used for the purposes
for which the Fund was established, that is, to offset adverse
fluctuations in foreign currency exchange rates, or unbudgeted
overseas wage and price changes. Section 102(b) specifies that
this provision applies only to funds appropriated for fiscal
year 1987 and later. Furthermore, for fiscal year 1987 and
1988 funds, it applies only to funds deobligated after the date
of of this act, and does not allow transfer of funds
already returned to Treasury.
Subsection (a)(2) amends authority in section 24(d) to
transfer up to 10% of the amount authorized between certain
named accounts. The accounts currently named do not always
correspond to the headings under which funds are authorized,
and this amendment clarifies that transfer of authorization can
be made between any two accounts designated by the
authorization committees.
Subsection (a)(3) adds three new sections to section 24.
New section 24(e) provides that earmarks within accounts are
reduced proportionately if the amount appropriated (or made
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-5- 12/19/88 p.m.
available following sequestration pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985) is less than
the amount of the authorization. New section 24(f) provides
authority for the Department to retain refunds from contractors
realized from the disposition of excess property initially
acquired to perform a contract for the Department, whether or
not the refund is received within the same fiscal year as the
appropriation from which the funds were obligated. New
subsection 24(g) provides authority for the Department to enter
into 12-month contracts that bridge two fiscal years so long as
funds are obligated within the fiscal year for which they were
appropriated. This amendment will enable procurement actions
for the Department to be more evenly distributed throughout the
calendar year and so promote more orderly contract
administration. The same authority has already been granted to
other agencies in the executive branch.
SECTION 103. FUNDING FOR 1992 SEVILLE WORLD'S FAIR
This section authorizes appropriation of $5,000,000 to
enable the Department of State to bear not more than one-third
of the costs of participation by the United States in the 1992
World's Fair in Seville. The funds will be available for
obligation or expenditure only if the Department of Commerce
and the United States Information Agency contribute funds to
cover the rest of these costs.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-6- 12/19/88 p.m.
PART B -- DEPARTMENT OF STATE AUTHORITIES
AND ACTIVITIES; FOREIGN MISSIONS
SECTION 121. CERTAIN OPERATIONAL AUTHORITIES
This section amends section 2 of the State Department Basic
Authorities Act to provide permanent authorization for several
operational activities that have, in recent years, been
reenacted annually in the Department's appropriations acts,
including obligations assumed in West Berlin after World War
II, provision of certain telecommunications services, and
provision of maximum physical security in Government owned and
leased properties and vehicles abroad. With this permanent
authorization, it will no longer be necessary to specify these
activities each year in .the appropriations act. This amendment
?
is included at the request of the House Appropriations
Committee.
SECTION 122. SHARED COSTS AT AMERICAN EMBASSIES ABROAD
This section provides authority in several areas related to
the Department's provision of administrative services abroad.
Subsection (a) provides explicit authority for the Department
to retain reimbursements for capital costs incurred in
providing space to other agencies at posts abroad. This
authority will enable the Department to move toward full cost
sharing with other agencies as Congress has urged in recent
years.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-7- 12/19/88 p.m.
Subsection (b) requires all Federal agencies with
representation at U.S. posts abroad to make use of
administrative services and goods provided by the Department of
State, to the extent the Department determines such goods and
services are available on an efficient and cost effective
basis. The amendment specifies that all agencies are to
reimburse costs of the consolidated local guard program
provided by the Department's Diplomatic Security Service
pursuant to section 105(2)(D) of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986. The purpose of the
amendment is to promote efficient use of centrally provided
services and minimize duplication of effort at our missions
abroad.
SECTION 123. AUTHORITY OF DIPLOMATIC SECURITY SERVICE
This section clarifies the authority of agents of the
Diplomatic Security Service to make arrests without warrants to
enable the Department more effectively to carry out its
enforcement responsibilities. Under current law, in order for
a special agent to make an arrest for a felony violation not
committed in his presence, two requirements must be met: the
agent must have reasonable grounds to believe that such person
has committed or is committing such violation and, in addition,
the person must be in or fleeing from the immediate area of the
commission of the violation.
The requirement that an individual be in or fleeing from
the area of the crime is not a usual condition of comparable
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-8- 12/19/88 p.m.
arrest authorities; for example, the arrest authorities of the
Secret Service, F.B.I., Bureau of Alcohol, Tobacco and
Firearms, and the Drug Enforcement Administration do not
contain such a requirement. It is, moreover, a severely
restrictive requirement, which effectively permits arrest only
when the agent can apprehend the violator almost immediately
after the crime. If, for example, the violator successfully
escapes pursuit by the agent, the agency cannot later arrest
him. The proposed amendment would remove this requirement, and
would allow a special agent to make, an arrest without warrant
if the violation either occurs in the agent's presence or if
the agent has reasonable ground to believe that the person has
committed or is committing such a violation.
SECTION 124. FEES AND REIMBURSEMENTS.
Section 124 adds a new section to the State Department
Basic Authorities Act to allow the Department to retain certain
fees and reimbursements. Current law (22 U.S.C. 214 and 215)
requires the deposit into the Treasury of all fees collected
for execution of applications for passports and visas and for
issuance of passports and placing visas in alien passports.
(22 U.S.C. 214 permits execution fees to be retained by States
or reimbursed to the Postal Service on passport applications
processed by them.) In order to maintain the pace toward
automation of the passport and visa functions of the Department
of State, this amendment would authorize the creation of a $20
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-9- 12/19/88 p.m.
million fund from fees collected for passport services, visa
services, and notarial services to be credited to an account
which will only be available for that program. This fund would
be replenished each year from current consular fee receipts,
but no more than $20 million would be available in any one
year. This amendment will help reach the objectives set in
section 132 of the 1986-87 authorization act to
narcotics traffickers, as well as enhancing our
counter-terrorism capability as recommended by the Inman
Panel. In addition, the Anti-Drug Abuse Act of 1988 (Public
Law 100-690) requires the State Department in conjunction with
the Immigration and Naturalization Service and the U.S. Customs
Service to develop and implement greater border control
measures through automation and machine readability.
New section 43(b) allows fees or surcharges established by
Department and reimbursements received for the use of Blair
identify
the
House to be retained by the Department and made available to
the account from which the funds originated (or the currently
applicable account). This revision will make
the Department to recoup some of its expenses
allowing others to use Blair House facilities
it possible for
incurred in
for official and
social functions. It also provides a means to ensure that
reimbursements required for individuals attending
representational functions can be used to defray the costs of
those events.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-10- 12/19/88 p.m.
SECTION 125. WAR HAZARDS COMPENSATION ACT
This section explicitly provides for coverage of a possible
loophole in overseas construction hazard insurance by defining
the term "war-risk hazard" to include hazards arising from
terrorist activity. This amendment should assist the
Department in obtaining lower insurance premiums on overseas
construction.
SECTION 126. INTERNATIONAL CENTER
This section gives the Department explicit authority to
charge tenant U.S. Government agencies for use of facilities
for security and maintenance located at the International
Center. It also provides the Department authority to retain
such payments in a no-year account for general maintenance,
utilities, and operations and for major repairs and alterations
of such facilities.
SECTION 127. ACQUISITION OF DOMESTIC PROPERTY AS INTERIM STEP
TO ACQUIRING PROPERTY ABROAD
This section amends Title II of the State Department Basic
Authorities Act, "Authorities Relating to the Regulation of
Foreign Missions," to clarify and define the authority of the
Department to acquire and dispose of property in the United
States as an interim step to acquiring diplomatic and consular
property abroad on the basis of reciprocity. The authority to
acquire and dispose of property in the United States is vested
in the Office of Foreign Missions because that Office is
charged with other aspects of overseeing foreign missions in
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-11- 12/19/88 p.m.
the United States, and is in a position to ensure that concerns
for reciprocity with our mission in the foreign country at
issue are preserved. The amendment makes clear, however, that
the authority to acquire property in the United States for such
an exchange is to be exercised only when the Secretary or his
designee determines in a specific instance that such an
exchange is the best way to carry out the purposes of the
Foreign Service Buildings Act, 1926 and will be funded from
appropriations under the heading "Acquisition and Maintenance
of Foreign Buildings Abroad," including those available from
proceeds derived from dispositions, payments, or gifts as
provided under section 9 of that Act. The section also amends
that Act to provide that funds realized from the sale of any
property acquired through use of funds made available under the
"Acquisition and Maintenance of Foreign Buildings Abroad" .
account or the Foreign Service Buildings Fund will be retained
in the Foreign Service Buildings Fund.
SECTION 128. WORKING CAPITAL FUND FOR OFFICE OF FOREIGN
MISSIONS
This section amends section 13 of the State Department
Basic Authorities Act providing for use of the working capital
fund to carry out Office of Foreign Missions functions to
clarify that the fund is available for all expenses in carrying
out the Foreign Missions Act. The current reference in section
13 to "services and supplies" creates some confusion as to
whether the fund can be used for the full range of functions
carried out by the Office as provided in section 208(h)(3).
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-12- 12/19/88 p.m.
SECTION 129. FOREIGN SERVICE INSTITUTE FACILITIES
This section authorizes the appropriation and transfer to
GSA of the full amount needed to construct the new Foreign
Service Institute facility.
The additional $12 million is to
enable the diplomatic security training facilities to be
located at the FSI site. This increase will bring the total
amount authorized to $73,000,000.
SECTION 130. MUNITIONS CONTROL REGISTRATION FEES
This section authorizes the Office of Munitions Control to
retain up to $250,000 in munitions control registration fees
for the purpose of automating its munitions control functions.
This amendment makes permanent authority already existing for
fiscal years 1988 and 1989.
SECTION 131. ESTABLISHMENT OF STAFFING LEVELS BY CHIEF OF
MISSION .
This section eliminates certain restrictions on statutory
authority of the chief of mission and the Secretary of State to
establish staffing levels at missions abroad by a) repealing
the requirement in section 801 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 to allow two DEA
agents to be posted in any mission where one is approved
without reference to local conditions, and b) amending section
103 (b) of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 to restore the Secretary's authority over the
staffing levels of the AID Regional Inspection General.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-13- 12/19/88 p.m.
SECTION 132. STATE DEPARTMENT POST OFFICES ABROAD
This section provides specific authority for the Department
of State to provide postal service to posts abroad and to
reimburse the United States Postal Service for costs incurred
in transporting personal mail to such posts. Currently our
posts abroad rely on local mail service, supplemented in a
number of instances by Department of Defense APO/FPO service.
This authority will enable the Department to provide similar
service to a number of isolated posts where no APO/FPO service
is available.
SECTION 133. REPORT ON EXPENDITURES MADE FROM
APPROPRIATION FOR EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
SERVICE.
This section repeals the requirement for a quarterly report
to Congress on expenditures from the Emergencies in the
Diplomatic and 'Consular Service account. This account is now
audited by the Inspector General. Any information specifically
desired can be requested from the Department from the committee
in its oversight capacity and will be provided.
SECTION 134. INTERNATIONAL BOUNDARY & WATER COMMISSION
Subsections (a) and (b), at the request of the House
Appropriations Committee, records authorizations previously
contained each year in the Department's appropriation act. The
remaining sections provide several new authorities for the
International Boundary and Water Commission: 1) authorization
of appropriations for representational purposes in order to
allow the Commissioner and other U.S. Section staff members to
reciprocate courtesies with Mexican officials in the conduct of
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-14- 12/19/88 p.m.
Commission business; 2) authorization to handle flood
emergencies resulting from floodwaters of the Tijuana and
Colorado Rivers (in addition to those from the Rio Grande) and
to cover emergencies dealing with sanitation problems and
projects as well as flood-related problems; and 3) to establish
a revolving fund for receipts from sale of electricity by both
Mexico and the United States generated by electrical power
plants at the Falcon and Amistad dams for use in financing
projects approved by the two governments along the border.
Such projects will include, for instance, international flood
control works, international storage, flood control and/or
power generation dams, international boundary stabilization
works, and international water pollution control works. This
fund will be established on the basis of an agreement with
Mexico setting forth the terms of such funding, and will not be
established until such agreement has been concluded. Funds may
be expended only for projects authorized by law and only to the
extent an appropriate proportion of the funds has been made
available by the Government of Mexico. A report of revenues
deposited in the Fund will be made to Congress each year.
SECTION 135. SALE OF PERSONAL PROPERTY
This section authorizes the Secretary to allow employees
selling personal property abroad to retain a portion of their
profit, otherwise required to be donated to charity, in order
to offset in whole or in part the taxes payable on the
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-15- 12/19/88 p.m.
contribution. This provision is necessary because most foreign
service officers do not itemize deductions on their tax returns
and therefore would have no deduction to offset the income
contributed, as required by law, to a charitable organization.
SECTION 136. AUTHORITY TO RETAIN FUNDS FOR EXPENSES FROM
CLAIMS SETTLEMENT FUNDS
This section revises 22 U.S.C. 2668a, concerning funds
received by the Secretary of State from foreign governments and
others in settlement of international claims, in order to
require the Secretary of State to deduct a percentage fee
amount for reimbursement of expenses in cases where the payment
is received as a result of international arbitration or other
international dispute settlement proceedings to which the
United States is a party. This amount would be deducted from
amounts determined to be due to U.S. citizens in connection
with such claims, and would be placed in a separate account in
the Department of State in order to defray the expenses of
future proceedings of this character. Separate statutes
already provide for such a deduction with respect o the
Iran-United States Claims Tribunal and the Foreign Claims
Settlement Commission, which are therefore exempted from the
operation of this section.
SECTION 137. OPERATION OF POSTS ABROAD
This section repeals provisions in the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 requiring the
Department and USIA to keep open certain posts abroad.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
7
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-16- 12/19/88 p.m.
Section 305 of the Department of State Appropriations Act,
1989 waived these two sections through the end of fiscal year
1989, and they should now be repealed because they limit the
ability of the President to determine how our presence abroad
can best be structured. During fiscal year 1989 the Department
reviewed seven posts slated for closure earlier, and determined
that four should be closed: Dusseldorf (Germany), Goteborg
(Sweden), Tangier (Morocco) and Turin (Italy). These four
posts are now closed. The Department also decided that two of
the posts under review should be kept open: Maracaibo
(Venezuela) and Strasbourg (France), and that the status of the
remaining post should be reviewed again in 1990 (Salzburg,
Austria).
Flexibility on post openings and closings is essential to
the Secretary of State's ability effectively to manage his
responsibilities. This is especially so during times of
budgetary austerity when the linkage between policy and
resources must be given special attention. Our needs for
overseas diplomatic and consular representation have changed
over the years as our interests have changed. The nature of
diplomacy and consular operations has also evolved in recent
years with developments in communications, transportation and
other technologies. Such changes have altered the importance
of certain overseas posts, and the Secretary of State is
charged with the responsibility of determining how our
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-17- 12/19/88 p.m.
diplomatic and consular representation at the posts concerned
should reflect those changes. At the same time, the Secretary
will regard the views of the Congress as to the value of
particular posts as an important factor in his determination of
the posts required to carry out most effectively our global
responsibilities.
SECTION 138. CONSULAR OFFICER DUTIES
This section repeals 22 U.S.C. 4192 pertaining to the legal
effect in the United States of marriages performed by consular
officers abroad after the effective date of the Act. This
provision dates back to 1860 when U.S. consuls had judicial
powers in China and certain other countries. The amendment
deletes this obsolete provision since marriages are no longer
performed by consular officers an because the existence of
this obsolete provision is confusing to American citizens.
SECTION 139. ACCESS TO CRIMINAL RECORDS FOR SECURITY
CLEARANCES
This section amends 5 U.S.C. 9101 to grant the Department
of State access to state and local criminal records for use in
investigations for the purpose of determining eligibility for
access to classified information or assignment to or retention
in national security duties, as well as .for other national
security or criminal justice purposes authorized *by law on the
same basis as the Department of Defense, the Office of
Personnel Management, the Central Intelligence Agency, and the
Federal Bureau-of Investigation.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
'7
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-18- 12/19/88 p.m.
SECTION 140. PROCUREMENT, MAINTENANCE, OPERATION AND
UTILIZATION OF AUTOMATIC DATA PROCESSING EQUIPMENT
This section amends 40 U.S.C. 759 to extend the exemption
from the provision's requirements provided for the Department
of Defense to the Department of State in areas where the
Department of State has similar operational concerns. The
amendment applies to the procurement by the Department of State
of automatic data processing equipment or services if the
function, operation, or use of the equipment or services which
involves intelligence activities or cryptologic activities
related to national security, is critical to the direct
fulfillment of an intelligence mission, or is otherwise
essential to the national security. The amendment does not
include automatic data processing equipment used primarily for
routine administrative and business applications such as
payroll, finance, logistics, .and personnel management.
Protests concerning such procurement is thus removed from the
jurisdiction of the General Services Board of Contract
Appeals. The General Accounting Office will provide a forum
for protests, but they will be heard under procedures better
designed to protect against public disclosure of sensitive
information and to allow procurement to continue during the
proceedings in these areas crucial to the national interest.
[Section 141 Drug-free fix for grants]
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-19- 12/19/88 p.m.
PART C--DIPLOMATIC IMMUNITY, RECIPROCITY AND SECURITY
SECTION 150. EXCLUSION OF ALIENS PREVIOUSLY INVOLVED IN A
SERIOUS CRIMINAL OFFENSE COMMITTED IN THE UNITED STATES.
This section amends section 212(a) of the Immigration and
Nationality Act to prevent reentry of an alien where there is
probable cause to believe that the alien has committed a
serious crime in the United States as to which he or she
exercised immunity from criminal jurisdiction, preventing
adjudication of guilt or innocence. Such aliens will not be
accredited again in a status that confers immunity, but could
enter the United States as a tourist or in another unofficial
capacity. The determination of probable cause required to meet
this new standard of ineligibility will be made by the
Department of State in consultation with appropriate law
enforcement authorities at the time the alien is declared
persona non grata or otherwise required to leave the United
States.
Subparagraph (B) of new paragraph (34) defines the term
"serious criminal offense" as: any felony; any crime of
violence as defined in 18 U.S.C. section 16; or any case of
reckless driving or of driving while intoxicated or under the
influence of alcohol or prohibited substances which results in
personal injury to another person.
The existing authority of the Attorney General, in
consultation with the Secretary of State, to waive
ineligibility for a non-immigrant visa would apply to new
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
't
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-20-
12/19/88 p.m.
paragraph (34). Furthermore, to provide some flexibility for
immigrant visas, this section would also amend section 212(h)
of the Act to apply to new paragraph (34) in the same manner as
to immigrants ineligible under paragraphs 212(a)(9), (a)(10),
and (a)(12). This would allow a visa to be issued to certain
otherwise excludable aliens who have close relatives who are
citizens or permanent residents in the United States in
instances where denial would result in hardship to the
relatives and admission is not contrary to the welfare, safety
or national security of the United States.
SECTION 151. UNITED STATES - SOVIET RECIPROCITY IN MATTERS
RELATING TO EMBASSIES
Section 151 amends section 153(b) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 by deleting the
requirement for "secure permanent facilities" in Kiev before
allowing the Soviet Union to open any new consulate in the U.S.
and requiring instead that the two consulates should be treated
on the basis of reciprocity. This will allow the United States
to determine the type of facility that will best serve its
interests in Kiev while maintaining the requirement for
reciprocal treatment for any new Soviet consulate in the United
States.
SECTION 152. UNITED STATES - SOVIET EMBASSY AGREEMENT
This section repeals the provisions imposed by section 151
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 requiring termination of agreements between the United
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-21- 12/19/88 p.m.
States and the USSR for the building of new embassies. The
original section could be waived by the President on the basis
of certain findings. In light of subsequent events, in
particular decisions made by the President as to how to proceed
with construction in Moscow to obtain a secure facility,
section 151 is no longer needed.
SECTION 153. CHILD CARE FACILITIES AT CERTAIN POSTS ABROAD
This section authorizes the Secretary of State to make
grants to subsidize the cost of day care facilities in Moscow
and, on a case-by-case basis, other posts where the Secretary
determines a similar situation exists. The need for subsidized
day care in Moscow is due to a series of extraordinary
circumstances that create pressure on foreign service spouses
to work at the post while virtually eliminating reasonable ?
child care alternatives. The number of members of the mission
in the USSR is subject to a strict ceiling at the same time
that the embassy has stopped employing foreign service
nationals due to security and reciprocity considerations. AS a
result, foreign service spouses are urged to work, many in jobs
at low pay rates. While this creates an increased need for
child care, the same security considerations that prevent
employment of locals in the embassy severely limit the
availability of local babysitters. The Inspector General has
recommended that the resulting problem at post could be
alleviated if subsidized day care were provided, and this is
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-22- 12/19/88 p.m.
the only post at which the Department currently has plans to
use this authority. However, the authority to provide such
grants may be needed elsewhere in the future.
SECTION 154. STATE DEPARTMENT CONTRACTOR EXEMPTION TO
POLYGRAPH PROTECTION ACT
Section 154 provides an exemption to the provisions of the
Employee Polygraph Protection Act of 1988, to enable the
Department to request contract employees to undergo polygraph
examinations under the same regulations that apply to
Department personnel. The Act currently prohibits employers
from requesting any employee to take a polygraph examination
although government employees are exempted from application of
the Act. Exemptions are also provided for certain contract
employees (including employees of contractors) engaged in
intelligence or counterintelligence functions for the
Department of Defense, the Department of Energy, the National
Security Agency, the Defense Intelligence Agency, the Central
Intelligence Agency, and the Federal Bureau of Investigation.
The amendment would provide a similar exemption for Department
of State contract employees and employees of contractors and
subcontractors of the Department.
SECTION 155 (FSIA if necessary)
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-23- 12/19/88 p.m.
PART D -- PERSONNEL
SECTION 160. AUTHORITY TO TRANSFER RETIREMENT
CONTRIBUTIONS FOR FOREIGN SERVICE NATIONALS TO LOCAL PLANS
This section provides authority to allow FSN employees, at
the direction of the Department, to transfer their interest in
the Civil Service Retirement and Disability Fund -- their
contributions, government contributions, and earnings -- to a
local retirement plan or trust fund. Enactment of such a
proposal would be consistent with Congressional intent,
expressed in the Foreign Service Act, that FSN pay and benefits
be based on local practice and local compensation plans. It
would also substantially reduce the administrative burden on
the Department and OPM that now arises in managing civil
service retirement for FSN's.
SECTION 161. JUDICIAL REVIEW -- SEPARATION FOR CAUSE
This section amends section 610 of the Foreign Service Act
(22 U.S.C. 4010 et seq.) to make clear that the judicial review
provision contained in section 1110 of the Act, now expressly
applicable to grievances, applies to separation for cause cases
as well.
SECTION 162. TRAVEL, LEAVE, AND OTHER BENEFITS
This section amends section 901 of Chapter 9 of the Foreign
Service Act of 1980 by expanding visitation travel. Current
law provides that employees may visit their family when family
members are not allowed at post. First, as section 901(8) is
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
et
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-24- 12/19/88 p.m.
currently written, only employees receive this travel. There
have been cases where dependent children were not allowed at
post, and this amendment would allow spouses to receive the
same visitation travel as employees to visit children in the
U.S. or at other locations. It would also allow the family to
meet at a mutually convenient location other than the United
States or post when consistent with the government's interest.
Second, in today's Foreign Service it is increasingly
likely that married employees go abroad while the family
remains in the U.S. Under current law, expenses of emergency
visits may only be paid from a location abroad. Thus, if an
employee at post becomes seriously ill, the spouse who wishes
to visit the employee cannot be reimbursed. This amendment to
901(9) would permit payment for emergency visitation to post as
well as from post.
The purpose of the third amendment to 901(11) is to make
explicit the Secretary's authority to treat overseas personnel
in government-leased and government-owned housing and personnel
in privately leased housing equally when it comes to paying for
moves required for reasons of force majeure at post. At
present the government pays for the moving costs when
individuals are housed in government-leased or owned quarters,
but not when they are in privately leased quarters. Since the
individuals are at post for the convenience of the government
and the government is paying for the costs of the housing, and
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-25- 12/19/88 p.m.
because housing abroad is provided at the option of the
government, there is no reason to treat employees differently
by reason of the housing arrangements the government has
selected when those employees are required by circumstances
beyond their control to move. Examples of such circumstances
include destruction of the housing or compliance with new local
laws or restrictions.
SECTION 163. AMENDMENTS TO TITLE 5, UNITED STATES CODE
Section 163 amends a number of personnel provisions
contained in Title 5 of the United States Code, as follows:
Subsection (a) inserts language already contained in 5
U.S.0 5522 to clarify the longstanding practice that dependents
whose departure is officially authorized or ordered are
entitled to the allowances authorized by this section even if
the employee remains at post. It would also eliminate the 180
day limit on the subsistence expense allowance for evacuees by
allowing limited extensions beyond that period of 30 days
each. Currently the allowance terminates after 180 days, even
if the employee and/or family member remains in
evacuation/ordered departure status. Removal of the limit
would allow evacuees to receive the allowance for the actual
duration of the evacuation/ordered departure status.
Subsection (b) would prohibit inclusion of any post
differentials or foreign or territorial allowances for hardship
in lump sum leave payments for employees who retire from a post
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-26- 12/19/88 p.m.
abroad rather than in the United States. The existing statute
provides the possibility of a windfall payment, which the
Inter-Agency Committee on Allowances has recommended be
eliminated. This amendment would produce Government-wide
savings.
The term "basic pay"
Subsection (c) would allow
children of employees assigned
is defined in 5 U.S.C. 8331(3).
an agency to provide for
overseas to complete their
current school year if the employee dies. Education and/or
living quarters allowances for the children and other family
members may be continued by the agency for the purpose of
allowing such children to complete the current school year at
post. Also, education allowances could be continued for a
child in a school away from post until the end of the school
year. Similarly, an education allowance for school away from
post may be continued if the employee or spouse is evacuated or
ordered to depart. This continuation may extend through the
duration of the evacuation, or the end of the school year,
whichever comes last.
Subsection (d) would permit the reimbursement of some meal
and laundry expenses incurred by employees and
occupying temporary quarters abroad.
families
It would enable the
Department to combine the present separate temporary lodging
and supplementary post allowances into a single per diem type
allowance comparable to that paid employees on transfers to and
within the United States.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-27- 12/19/88 p.m.
The revision from "3 months" and "1 month" to "90" and "30"
days is for simplification and to correspond to the general use
of a fixed number of days, rather than months, for similar
benefit periods.
The new paragraph (C) is to allow for the fact that due to
extremely difficult housing marked rental conditions in a few
locations abroad, the 3-month period has not permitted
employees the necessary time to locate and secure suitable
housing. This new section would permit heads of agencies to
extend the temporary lodging period by up to an additional 60
days when such conditions were beyond the control of the
employee.
Subsection (e) would result in two revisions of particular
importance to Civil .Service employees. First, transfer
allowances currently available on departure from the United
States to a foreign area would also be permitted on similar
transfers from U.S. territories, possessions and Puerto Rico.
Second, the transfer allowance is currently available to
Foreign Service personnel agreeing to 12 months additional
service upon return to the U.S. under section 901(14) of the
Foreign Service Act. This amendment would provide the same .
basis of payment for employees not covered by that Act. Under
present legislation, Civil Service employees can be paid a
transfer allowance only upon return to the U.S. between foreign
assignments.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-28- 12/19/88 p.m.
Subsection (f) update and improve the education allowance
system to bring it into line with current circumstances and
problems.
The first change permits payment of educational allowances
for children of employees being transferred or newly assigned
to a Foreign Service post with inadequate schooling for the
entire school year, even if the member of the Service does not
depart the United States until after the beginning of the
school year.
The second amendment clarifies the authority to provide
educational services to handicapped children before they reach
kindergarten age. The "Education for All Handicapped Children
Act of 1975" (P.L. 94-142) generally requires states to offer
public educational facilities for handicapped children from age
three. This amendment will amend 5 U.S.C. to remove any
question that overseas education allowance policy is consistent
with U.S. public school education practice for handicapped
children.
The third amendment would permit travel to educational
institutions in "non-foreign" areas outside the U.S. such as
the U.S. Virgin Islands and Puerto Rico. Educational travel to
these non-foreign areas is of particular importance to
Department of Defense civilian personnel with normal U.S.
residences outside the several states and the District of
Columbia. It would also permit post-secondary educational
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-29- 12/19/88 p.m.
travel for dependents not only for undergraduate college
education, but also at other institutions such as nursing,
technical, vocational, music and performing arts schools which
are not considered colleges. This amendment is necessary in
order to provide the appropriate kinds of post-secondary
education for a wider variety of chosen career fields for
dependent children. The term "educational institution" in the
text of the amendment is drawn from 38 U.S.C. 1701(a)(6)
(Veterans Benefits) although there are no current plans to
extend the benefit during post-graduate education, as is
possible for veterans. Accredited educational institutions at
which these benefits can be used will be determined by
reference to an established list, such as that developed by the
Veterans Administration or the Department of Education. . The
list or lists to be used will be specified by regulations
issued by the Secretary.
The fourth amendment would allow the President to authorize
the payment of an education allowance for dependents of
employees stationed outside the continental United States, for
example, in Guam or American Samoa, and travel expenses to the
continental United States for undergraduate college education,
(and other post-secondary education, consistent with the
amendment described above.) This authority could be used to
facilitate reorganizatton of overseas operations to areas under
U.S. jurisdiction for reasons of security and economy, while
maintaining uniform treatment of personnel.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-30- 12/19/88 p.m.
SECTION 164. CREDIT FOR SERVICE AT UNHEALTHFUL POSTS
Section 164 amends sections 816(i) and 817 to eliminate
extra service credit, currently granted to members not
receiving post differential, for assignments at unhealthful
posts. The amendment to section 816(i) and the first new
sentence to section 817 eliminates unhealthful post credit from
computations of the time period during which a marriage must
have endured for purposes of qualifying as a former spouse
under the Act. Currently, subparagraph (B) of section
816(i)(2), which would be repealed, makes it necessary for the
Department to determine whether a spouse resided with a member
at an unhealthful post, both before and after passage of the
Foreign Service Act of 1980. This is almost impossible to
determine for periods prior to institution of the special
reports now required. The change would simplify administration
of the Act to insure that the period required to qualify as a
former spouse under the Act is the same for all former spouses,
without significantly affecting benefits. Credit earned under
section 817 prior to July 1, 1990 would be reflected, for
former spouses, in the proportionate share of
annuities/survivor benefits received as a result of the
member's service at unhealthful posts.
The second sentence of subsection (b) would phase out the
application of Section 817 of the Act, whereby participants in
the Foreign Service Retirement and Disability System may
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-31- 12/19/88 p.m.
receive an extra six months of creditable service towards the
accrual of retirement benefits for each year of service at an
unhealthful post, in lieu of any hardship differential that
would otherwise be payable. The amendment would permit such
extra credit to be granted to employees who have already earned
it, or whose tour at an unhealthful post begins before July 1,
1990.
Enactment of this amendment would conform treatment of
Foreign Service Retirement and Disability System ("FSRDS")
participants to that of the Foreign Service Pension System.
The amendment would also bring the FSRDS into line with current
compensation philosophy by emphasizing the payment of
differentials at the time special service is rendered, rather
than through deferred benefits such as additional retirement
credit.
Section 165. FORMER SPOUSES OF USIA AND AID EMPLOYEES
This amendment perfects former spouse legislation enacted
in the 1988-89 authorization act, by including among the
beneficiaries a handful of former spouses inadvertently
excluded at that time. The 1988-89 authorization act extended
annuity and survivor benefits and access to Federal group
health insurance to former spouses of career Foreign Service
employees whose divorces occurred before the effective date of
the Foreign Service Act. As written, the legislation omitted
some 10 to 15 former spouses whose husbands held career Foreign
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-32- 12/19/88 p.m.
Service appointments with USIA or AID, and who worked overseas,
but whose retirement coverage was provided by the Civil Service
Retirement system. USIA employees who retired before 1969, and
AID employees who retired before 1974, with former spouses who
otherwise would qualify for former spouse benefits are the
group who would benefit from this amendment.
The Department supports this amendment because the
prospective beneficiaries underwent the same hardships and
career deprivation of overseas life in the Foreign Service as
their counterparts who are now enjoying these benefits.
SECTION 166. GRANTS FOR INSTITUTIONS EDUCATING MINORITIES
IN INTERNATIONAL AFFAIRS.
This amendment to the Basic Authorities Act would authorize
the Secretary of State to make grants to educational
institutions. Grants would be allowed for programs aimed at
increasing the knowledge particularly of minority students
concerning foreign policy and foreign affairs, as well as their
interest in and awareness of the possibility of careers in the
Foreign Service. The amendment would also permit the Secretary
to make direct grants to minority students, in order to
facilitate their receiving education that will increase their
knowledge of and interest in international affairs. The
amendment would permit the Department to go beyond its
traditional recruiting activities for minorities, and to aid
educational programs and individual students to increase the
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-33- 12/19/88 p.m.
pool of qualified minority applicants for Foreign Service
careers. Grants would be made under the authority of this
amendment as part of the Department's minority recruitment
program, all other considerations being equal.
SECTION 167. RETIREMENT BENEFITS FOR PERSONS TRANSFERRING
TO INTERNATIONAL ORGANIZATIONS.
Section 167 amends section 854 of the Foreign Service Act
of 1980 to make service with international organizations
creditable under the Foreign Service Pension System ("FSPS")
and Federal Employees Retirement System ("FERS"), as it is
under the old retirement systems (FSRDS and CSRDS). In order
to receive credit for such service, an employee must transfer
to the international organization with the consent of the
employing agency. In addition, both the employee and the
employing agency must make required current contributions to
their retirement fund.
This amendment is necessary to facilitate the assignment of
employees to international organizations, particularly the
Multilateral Forces Organization (MFO), since transferees now
receive no retirement credit whatsoever for service with the
MFO. MFO employees are not subject to FICA taxes, and do not
gain Social
current law
new federal
Security credit for
such service cannot
retirement systems,
such service. Therefore, under
be credited under either of the
either FERS or FSPS. At the
same time, the MFO, which is a small organization, does not
maintain its own pension plan; hence, employees do not have the
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-34- 12/19/88 p.m.
option of claiming an.MFO benefit in place of added credit with
for their period of employment. The outcome
FERS employees forego retirement credit of any
with the MFO, a major financial disincentive.
works against Congressional
i.e., that MFO have significant
the FSPS or FERS
is that FSPS and
kind for service
We believe that this situation
intent in establishing the MFO,
numbers of American personnel on staff.
Lgislation is needed to correct this problem. The
Department has consulted with the Office of Personnel
Management to seek regulatory relief, but OPM has indicated
that existing legal definitions of creditable service for the
new retirement systems (both FERS and FSPS) will not permit
coverage by regulation for any form of service in which an
employee is not subject to Social Security payroll taxes.
Accordingly, we seek amendments to Chapter 8 of the Foreign
Service Act and to Chapter 35 of Title 5 to clarify the well
settled intention of Congress that approved
international organizations should be creditable
retirement for all government employees who wish
such credit, and who, along with their agencies,
contribute to their retirement funds while rendering such
service.
SECTION 168. CHIEF OF MISSION SALARY
Section 168 amends section 302(b) of the Foreign Service
Act of 1980 to give members of the Service appointed to a
service with
towards
to receive
consent to
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-35- 12/19/88 p.m.
position in the executive branch by the President the option of
choosing whether a) to continue to receive the salary and
benefits, including leave and eligibility for performance pay,
to which the member would be entitled in the Senior Foreign
Service or b) to receive the salary and leave (if any) of the
position to which the member is appointed by the President.
This amendment affects primarily chiefs of mission although
certain other senior positions at the Assistant Secretary level
and above in the Department are also covered. It restores the
option of retaining foreign service pay and benefits that
existed prior to the 1988-89 authorization act, in recognition
of the fact that career members of the foreign service should
not be penalized in any way by accepting a promotion that
involves a Presidential appointment. This restores parity
between Senior Foreign Service and Senior Executive Service
members accepting Presidential appointments, for pay purposes,
as envisioned by section 402 and 405 of the Foreign Service Act
of 1980.
SECTION 169. WAIVERS FOR ALTERNATE ANNUITIES.
This amendment conforms Foreign Service treatment of the
alternative form of annuity to that of the Civil Service by
eliminating the unnecessary requirement that spouses or former
spouses approve an employee's acceptance of the alternate form
of annuity. The existing statute assumes incorrectly that
acceptance of the alternate form of annuity acts to reduce a
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-36- 12/19/88 p.m.
spouse's or former spouse's survivor benefit. In fact,
survivor benefits are the same, regardless of whether the
employee elects the alternate form of annuity. Hence, spouse
or former spouse waivers with respect to survivor benefits are
unnecessary.
The amendment would also enable employees and former
spouses entitled to retirement benefits under section 814 or
section 820 to execute spousal agreements allowing the employee
to claim the alternate form of annuity, provided that the
agreement acknowledges that acceptance of the alternate form of
annuity will reduce the retirement benefits paid to the former
spouse while the employee is still alive. This treatment is
provided for Civil Service employees, and is extended to the
Foreign Service as a conforming amendment.
SECTION 170. HIGHER MINIMUM RATES OF PAY FOR THE FOREIGN
SERVICE SCHEDULE.
The Foreign Service is currently covered by special pay
rate authority in 5 U.S.C. 5303, which is controlled by the
Office of Personnel Management. The Department would be better
served by creating a separate authority for foreign affairs
agencies to establish and maintain special pay rates for
employees in hard to recruit positions or occupations. This
authority would be available, for example, to establish special
higher pay rates, if needed, to hire groups such as Security
Engineers or other technical occupations difficult to staff in
the Foreign Service context.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-37- 12/19/88 p.m.
SECTION 171. SAVINGS PROVISION.
This amendment is included to make clear that all actions
taken pursuant to provisions of the Foreign Service Act
repealed, modified or affected by this Act remain effective
until and unless further action is taken under the amended
provisions.
SECTION 172. ONE-TIME EXCLUSION OF GAIN FROM SALE OF
PRINCIPAL RESIDENCE BY INDIVIDUAL WHO HAS ATTAINED AGE 55.
Under current law the Internal Revenue Code provides for a
one-time exclusion of gain from the sale of a principal
residence by an individual who has attained age fifty-five
provided that during the five-year period ending on the date of
the sale or exchange, the property was owned and used by the
taxpayer as a principal residence for periods aggregating three
years or more. For a foreign service officer serving at a post
abroad as one of the final rotations before the officer's
retirement, this five-year requirement can be impossible to
meet. The result is that government service deprives the
officer of a benefit available to other taxpayers or, where
such benefits are of particular significance to senior foreign
service officers, the government cannot obtain the service of
those it would choose to fill essential posts. Such an
inequitable disparity can be corrected through this amendment,
which, while continuing to ensure the principal residence
requirement, would allow foreign service officers posted abroad
at the end of their careers an additional two years to qualify
for the tax benefit.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-38- 12/19/88 p.m.
TITLE II - INTERNATIONAL ORGANIZATIONS
SECTION 201.. UNITED STATES MEMBERSHIP IN INTERNATIONAL SUGAR
ORGANIATION AND INTERNATIONAL TROPICAL TIMBER ORGANIZATION
This legislation is intended to facilitate U.S.
participation in the International Tropical Timber Organization
(ITTO) and the International Sugar Organization (ISO). The
U.S. joined the ITTO in 1985, sharing its goals of improved
tropical timber market transparency and sustainable utilization
and conservation of tropical forests and their genetic
resources. This legislation would authorize the U.S. to pay
its share of the ITTO budget to be paid from funds appropriated
for Contributions to International Organizations.
The amendment will also allow the U.S. to accede to the
1987 International Sugar Agreement and facilitate U.S.
participation in the ISO, which the U.S. first joined in 1977.
The ISO provides a forum for discussion of sugar issues and
collection of statistics on sugar trade. U.S. participation
reflects our desire to cooperate on problems in the world sugar
market and a recognition of our partial responsibility, via our
domestic sugar program, for world market conditions. This
legislation would authorize the U.S. to pay its 'share of the
ISO budget from funds appropriated for Contributions to
International Organizations.
SECTION 202. KASSEBAUM - SOLOMON (??)
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-39- 12/19/88 p.m.
SECTION 202. REFORM IN THE BUDGET DECISIONMAKING
PROCEDURES OF THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES
This section recognizes the progress made by the United
Nations and the specialized agencies in the budget reform
process as called for in previous legislation. This provision
makes clear that the United States is committed to the
continuation of the process of implementing these reforms and
that no retreat from ongoing progress will be acceptable. If
the process does not continue, the State Department may, at its
discretion, withhold a portion of the funds appropriated for
the UN or the specialized agencies. This potential withholding
will keep these organizations aware of our continued concern
respecting this reform process.
SECTION 203. CONTRIBUTION TO THE REGULAR BUDGET OF THE
INTERNATIONAL COMMITTEE OF THE RED CROSS
This amendment repeals the earmark for the Red Cross. In
this case, an earmark for the ICRC ordinary budget reduces the
ability to respond to the regional appeals issued by ICRC and
other international organizations. It precludes our using
donations in response to appeals as leverage to stimulate
contributions from other donors. ICRC and other international
organization officials stress the desperate financial situation
they all faced as they entered 1989 in the unprecedented
situation of having no carryover reserves.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-40- 12/19/88 p.m.
TITLE III - IMMIGRATION AND REFUGEE PROVISIONS
SECTION 301. OUTREACH PROGRAMS WITHIN THE UNITED STATES TO
PROMOTE NORMAL IMMIGRATION OF RELATIVES OF FORMER REFUGEES
Section 902 authorizes the Department to conduct outreach
programs within the United States for the purpose of promoting
the adjustment of status, the acquisition of citizenship, and
the filing of immigrant visa petitions for relatives of former
refugees seeking to enter the United States. Dissemination of
information concerning these actions would assist former
refugees in their integration into the United States, and it
would facilitate the possibility of family reunion through
normal immigrant visa procedures. It is appropriate for the
Department to conduct this activity in accordance with its
responsibilities for initial reception and placement services
to newly arrived refugees and in order to reduce the incidence
of potential immigrants who apply for entry to the U.S. as
refugees.
SECTION 302. UN HIGH COMMISSIONER FOR REFUGEES AUDIT
REQUIREMENT
Section 903 amends section 113 of Public Law 99-93, which
provides that funds may not be made available to the United
Nations High.Commissioner for Refugees (the UNHCR) unless by
June 1, 1988, the High Commissioner provides for annual program
audits by an independent consultant selected by the Executive
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-41- 12/19/88 p.m.
Committee of the UNHCR. The audits are to be made available to
the Comptroller General, who is required to inspect each such
audit and submit a report of that inspection to the Congress.
this requirement has served as an impetus to improve UNHCR
program audits and the efficiency and quality of UNHCR
programs. Since 1986, the UNHCR has commissioned program
audits by outside consultants, which have been made available
on a confidential basis to the Comptroller General. During
this period, the United Nations Board of External Auditors
(UNBEA) has greatly improved the scope and quality of its
audits of UNHCR programs. The need for quality audits--and the
benefits that can be derived from them--is well appreciated by
both the UNHCR and the UNBEA.
Certain technical requirements in Section 113 of P.L.
99-93, however, have
and may have created
For example, Section
proven difficult to implement in practice,
some unnecessary duplication of effort.
113 provides that the Executive Committee
is to approve the independent consultant, although under the
UNHCR statute and regulations, that power belongs to the High
Commissioner himself. In addition, the term "independent
consultant," in light of the legislative history, appears to
preclude the possibility of relying solely on the audits of the
UNBWA, even though it is independent from the UNHCR and has
recently produced thorough and useful audits of UNHCR programs
that have led to substantial improvements in program management
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Summary of Changes to
Department of State Authorization
Fiscal Years 1990 and 1991
Section 1 provides the Title and Table of Contents of this Act
TITLE I
Part A - Authorization of Appropriations; Allocation of Funds
Section 101 provides for an authorization of appropriations for
the Department of State in Accordance with Section 15(a) of the
State Department Basic Authorities Act of 1956, as amended.
The authorization is divided into six categories.
Section 102 amends the Basic Authorities Act (section 24) in
several ways affecting the availability of funds. It provides
that unobligated balances in the "Administration of Foreign
Affairs" accounts may be transferred under specified conditions
to the Buying Power Maintenance Fund rather than reverting to
the Treasury; clarifies existing authority to transfer up to
10% of the amounts authorized between accounts named by
Congress; provides for a proportional reduction in earmarks if
appropriations are less than authorized amounts, through
sequestration or appropriations legislation; provides authority
to retain refunds from contractors realized from the
disposition of excess property; and provides authority for the
Department to enter into 12-month contracts which bridge two
fiscal years, so long as funds are obligated within the fiscal
year for which appropriated.
Section 103 authorizes up to $5 million for funding U.S.
participation in the Seville World's Fair of 1992.
Part B -- Department of State Authorities and Activities;
Foreign Missions
Section 121 is technical in nature, providing permanent
authorization for sevei.al ongoing activities which in recent
years have been reenacted in annual appropriations bills. This
amendment is included at the request of the Department's
appropriations subcommittees.
Section 122 enhances the Department's ability to move toward
full cost sharing for overseas services provided to other
agencies, by providing authority to retain reimbursements; and
by requiring other agencies to use State Department provided
services when the Secretary of State determines they can be
provided on a cost-effective and efficient basis.
Section 123 clarifies the arrest authority for special agents
in the Diplomatic Security Service.
Section 124 would allow a portion of the fees for passport and
related services to be credited to a special account for
research and development undertaken by the Department. It ,
would also allow surcharges and reimbursements received for use
of Blair House to be returned to the account from which the
funds originated.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 2 -
Section 125 amends the State Department Basic Authorities Act
to provide clear authority for the government to accept direct
responsibilities for injuries of employees of contractors at
diplomatic and consular missions caused by terrorist
activities, with the purpose of substantial cost savings on
construction workmen's compensation required under the Defense
Base Act.
Section 126 allows the Department to charge tenant U.S.
government agencies for use of facilities located at the
International Center, and allows such payments to be retained
in the "International Center, Washington, D.C."account for
general maintenance, utilities and operations.
Section 127 clarifies the authority of the Department to
acquire properties in the United States for the sole purpose of
in-kind exchanges for properties at posts abroad provided by
other governments, on a case-by-case, reciprocal basis.
Section 128 clarifies the authority of the Office of Foreign
Missions to use its working capital fund for the full range of
functions carried out by that office under the Foreign Missions
Act.
Section 129 increases the amount authorized for the new Foreign
Service Institute campus to the full amount required for the
project under the latest estimates, including Diplomatic
Security training facilities.
Section 130 makes permanent the current authority of the Office
of Munitions Control to retain up to $250,000 in registration
fees for the purposes of automation.
Section 131 reaffirms the authority of the Chief of mission to
set staffing levels under the Omnibus Diplomatic Security Act
by repealing conflicting provisions relating to DEA and to AID
Regional Inspectors.
Section 132 authorizes the Department to establish a post
office system for isolated posts abroad, where there is no
possibility of using the DOD APO/FPO system.
Section 133 repeals an existing reporting requirement relating
to the "Emergencies in the Diplomatic and Consular Services"
account.
Section 134 provides several new authorities for the
International Boundary and Water Commission, dealing with
representation, flood emergencies, and creation of a revolving
funding to manage receipts from sale of electricity.
Section 135 modifies existing limitations on sale of personal
property by government employees abroad by authorizing the
retention of a percentage of profits realized for the purpose
of payment of federal taxes on the profit.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
3
Section 136 provides authority for the Secretary of State to
deduct a percentage fee from claims awards for reimbursement of
expenses.
Section 137 repeals sections 122 and 204 of the previous
authorization bill (waived in P.L. 100-202 for FY '88 and '89),
which requires the Department and U.S.I.A. to keep certain
posts abroad open, or incur a $50 million S & E reduction.
Section 138 repeals an archaic provision relating to the
authority of Consular officers abroad to perform marriages.
Section 139 would grant the Department access to state and
local criminal records for specified purposes, including
immigrant visa applications and the Special Agricultural Worker
program, on the same basis as other agencies with comparable
needs for such information.
Section 140 extends to the Department authority comparable to
that of the Department of Defense for the Procurement and
operation of Automatic Data Processing Equipment to waive
competitive procurement requirements for cryptologic or
intelligence activities.
Section 141 - BLANK (Drug-free workplace fix for grants?)
Part C -- Diplomatic Immunity, Reciprocity and Security
Section 150 amends the Immigration and Nationality Act to allow
exclusion of foreign nationals suspected of being previously
involved in a serious-criminal act.
Section 151 modifies existing language relating to conditions
under which the U.S. and the U.S.S.R. may open consulates in
Kiev and New York, respectively, under conditions of
reciprocity.
Section 152 repeals section 151 of the previous authorization
act (waived for FY '88 and '89 by P.L. 100-202), which requires
termination of embassy construction agreements between the U.S.
and the U.S.S.R., unless the President waives such requirement
on the basis of specified findings.
Section 153 authorizes a program of Child care at Moscow and
certain other posts meeting specific criteria.
Section 154 corrects an oversight in the Employee Polygraph
Protection Act of 1988, by providing the Department the same
authority as DOD and other agencies to use polygraph testing
for contractors, for counterintelligence purposes.
Section 155 BLANK (Foreign Sovereign Immunity?)
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 4 -
PART D -- Personnel
Section 160 facilitates implementation of current governmental
policy, by allowing FSNs to transfer their interest in the
Civil Service Retirement and Disability Fund to local
retirement plans and trust funds.
Section 161 provides for judicial review by an aggrieved party
of a final action of the Grievance Board or the Secretary in
separation for cause cases.
Section 162 modifies section 901 of the Foreign Service Act of
1980, with respect to travel and other benefits in three ways.
162(1) allows family visitation by family members as well as
members of the service. 162(2) allows emergency visitation to
members of the service at post by family members, as well as by
members of the service to the U.S. to family members. 162(3)
provides equal treatment for all employees with respect to
involuntary household moves ?at post.
Section 163 amends several sections of 5 U.S.C., as follows:
Subsection 163(a) clarifies authoriy for evacuated dependents
to receive the subsistence expense allowance (SEA) even if the
employee stays at post, and allows the current 180 day limit
on SEAto be extended if the President determines it is in the
government's interest to do so.
Subsection 163(b) prohibits inclusion of post differentials or
foreign allowances for hardship in the basic salary used for
computation of lump sum leave payments when an employee of the
government retires at a post abroad.
Subsection 163(c) allows education and quarters allowances to
be continued through a current school year following the death
or evacuation of an employee.
Subsection 163(d) combines the present temporary lodging and
supplementary post allowances abroad into a single per diem
type allowance comparable to that paid employees on transfers
to and within the United States.
Subsection 163(e) modifies certain civil service transfer
allowances to bring them into conformity with the existing,
more equitable Foreign Service provisions.
Subsection 163(f) updates educational allowance authorities to
bring them into line with current circumstances, by allowing a
payment at the time of transfer, by providing educational
services to young handicapped children and by allowing
educational allowances and travel to and from "non-foreign"
areas outside the U.S. and to accredited institutions of higher
education other than traditional undergraduate colleges.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
? ?
Section 164 terminates the option of taking extra retirement
credit in lieu of post differential under sections 816 and 817
of the Foreign Service Act, thus conforming the "old" Foreign
Service Retirement and Disability System to a change already.
made for the new Foreign Service Pension System.
Section 165 perfects legislation passed in the last
authorization bill providing benefits for former spouses, by
including on the same terms a handful of former spouses
inadvertently excluded at that time.
Section 166 provides authority for the Department of State to
conduct a program of grants for institutions and individual
students designed to increase the likelihood that minority
students will pursue educational activities which will prepare
them for, and lead them to seek careers in the Foreign Service.
Section 167 allows service with certain international
organizations, in particular the Multinational Force, to be
creditable under the new and old Foreign Service and Civil
Service retirement systems, under specified conditions.
Section 168 ?restores the ability of career members of the
Foreign Service appointed to presidential positions to opt to
choose whether to be paid according to their career status, or
according to the salary of the position. This once again would
place them in the same situation as members of the SES
similarly appointed to presidential positions.
Section 169 conforms Foreign Service treatment of the alternate
annuity provision of retirement law to that of the Civil
Service, by removing the requirement that spouses or former
spouses approve this choice in advance.
Section 170 provides special pay rate authority for the Foreign
Service system analogous to that existing for the Civil Service
system, for use in enabling the government to remain
competitive in attracting and keeping employees with
highly-sought after skills.
Section 171 is a savings clause.
Section 172 provides that service abroad under government
orders shall not be counted against the period of residence
required in order to claim a capital gains exclusing upon sale
of a primary residence after age 55.
TITLE II
International Organizations
Section 201 provides for U.S. membership in the International
Sugar Organization and the International Tropical Timber
Organization.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
- 6 -
Section 202 simplifies existing requirements for continued
budgetary reform before the President is empowered to pay
assessed contributions to the United Nations and specialized
agencies.
Section 203 deletes an earmark affecting contributions to the
regular budget of the International Committee of the Red Cross.
TITLE III
Immigration and Refugee Affairs
Section 301 authorizes an outreach program intended to identify,
and assist relatives of former refugees who seek to enter the
United States.
Section 302 modifies requirements with respect to audits of the
Office of the United Nations High Commissioner for Refugees.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
ESTIMArLD COSTS AND COST SAVINGS OF
PROPOSED AUTHORIZATION BILL PROVISICNS
A. Allowances and Benefits Provisions
Sec. # Amendment
# of Cases
Annual cost Total Annual
Annually
per Case
Cost
162(1) Family visitation for spouse at post
5
$3,600
$18,000
162(2) Emergency travel to post
10
2,000
20,000 '
162(3) Involuntary moves at post
20
3,000
60,000
163(A) Removal of 180 day Limit on SEA
20
2,000
40,000
163(B) No Differential w/Terminal Leave Pay
50
(3,000)
(150,000)
163(C) Educ. continuity evacuation death
10
5,000
50,000
163(D) Comb. temp. lodging and subsistence
1,400
300
420,000
163(E) Civil Service Transfer Allowance
10
15,000
150,000
163(F) Edu. travel for non traditional college
100
1,400
140,000
163(G) Kindergarten for the Handicapped
10
15,000
150,000
Total Net Cost
$748,000
B. Miscellaneous
Sec. # Amendment
132 Post Office
153 Child Care in Moscow
901 Refugee Outreach
[.cc. #16990
Total Annual
Cost
25,000
- 100,000
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
k
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
-
-
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
unnect OLatcs ucpuruncnt tn ocate
,
Washington, D. C. 20520
i?
?-?
Dear Mr. Speaker:
In accordance with Section 15 of the Act of August 1, 1956,
as amended (22 U.S.C. 2680), there is transmitted herewith
proposed legislation to authorize appropriations for the
Department of State to carry out its authorities and
responsibilities in the conduct of foreign affairs during the
fiscal years 1990 and 1991 and for other purposes contained in
this bill.
The primary purpose of the bill is to provide authorization
of appropriations for (1) "Administration of Foreign Affairs"
which supports the operation of the United States diplomatic
and consular posts abroad and the Department of State in the
United States; (2) "International Organizations, Conferences
and other activities," which includes contributions to meet
obligations pursuant to treaties, conventions or specific acts
of Congress and other activities; (3) "International
Commissions," which enables the United States to fulfill treaty
and other international obligations; (4) "Migration and Refugee
Assistance," which funds the United States annual contribution
to the International Committee of the Red Cross and various
refugee assistance programs; and (5) Other appropriations,
including "Bilateral Science and Technology Agreements,"
"Soviet-East European Research and Training," and "The Asia
Foundatipn." A section-by-section analysis further explaining
the proposed legislation is also enclosed. '
The Department has been informed by the Office of
Management and Budget that there is no objection to the
presentation of this proposed legislation to the Congress and
that its enactment would be in accord with the program of the
President.
Sincerely,
J. Edward Fox
Assistant Secretary
Legislative Affairs
Enclosures:
1. Proposed Legislation.
2. Section-by-Section Analysis.
The Honorable
James C. Wright, Jr.,
Speaker of the House of
Representatives.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3
niteci tams 1/9/11.111C1IL Late
Dear Mr. President:
Washington, D. C. 20520
In accordance with Section 15 of the Act of August 1, 1956,
as amended (22 U.S.C. 2680), there is transmitted herewith
proposed legislation to authorize appropriations for the
Department of State to carry out its authorities and
responsibilities in the conduct of foreign affairs during the
fiscal years 1990 and 1991 and for other purposes contained in
this bill.
The primary purpose of the bill is to provide authorization
of appropriations for (1) "Administration of Foreign Affairs"
which supports the operation of the United States diplomatic
and consular posts abroad and the Department of State in the
United States; (2) "International Organizations, Conferences
and other activities," which includes contributions to meet
obligations pursuant to treaties, conventions or specific acts
of Congress and. other activities; (3) "International
Commissions," which enables the United States to fulfill treaty
and other international obligations; (4) "Migration and Refugee
Assistance," which funds the United States annual contribution
to the International Committee of the Red Cross and various
refugee assistance programs; and (5) Other appropriations,
including "Bilateral Science and Technology Agreements,"
"Soviet-East European Research and Training," and "The Asia
Foundation." A section-by-section analysis further explaining
the proposed legislation is also enclosed.
The Department has been informed by the Office of
Management and Budget that there is no objection to the
presentation of this proposed legislation to the Congress and
that its enactment would be in accord with the program of the
President.
Sincerely,
J. Edward Fox
Assistant Secretary
Legislative Affairs
Enclosures:
1. Proposed Legislation.
2. Section-by-Section Analysis.
The Honorable
Dan Quayle,
President of the Senate.
Declassified and Approved For Release 2012/09/24: CIA-RDP90M00005R001500060002-3