Foreign Relations Authorization Act, Fiscal Years 1988 and 1989
PL 100-204 (H.R.1777), enacted 12/22/1987

PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1331 
Public Law 100-204 
100th Congress 
An Act 
To authorize appropriations for fiscal years 1988 and 1989 for the Department of 
State, the United States Information Agency, the Voice of America, the Board for 
International Broadcasting, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Foreign Relations 
Authorization Act, Fiscal Years 1988 and 1989". 
(b) TABLE OF CONTENTS.—The table of contents for this Act is as 
follows: 
Sec. 1. Short title and table of contents. 
TITLE I—THE DEPARTMENT OF STATE 
PART A—AUTHORIZATION OF APPROPRIATIONS; ALLOCATIONS OF FUNDS; RESTRICTIONS 
Administration of Foreign Affairs. 
Contributions to International Organizations and Conferences; Interna-
tional Peacekeeping Activities. 
International Commissions. 
Migration and refugee assistance. 
Other programs. 
Reduction in earmarks if appropriations are less than authorizations. 
Transfer of funds. 
Compliance with Presidential-Congressional summit agreement on deficit 
reduction. 
Prohibition on use of funds for political purposes. 
Latin American and Caribbean data bases. 
PART B—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES; FOREIGN MISSIONS 
Reprogramming of funds appropriated for the Department of State. 
Consular and diplomatic posts abroad. 
Closing of diplomatic and consular posts in Antigua and Barbuda. 
Report on expenditures made from appropriation for emergencies in the 
diplomatic and consular service. 
Requirements applicable to gifts used for representational purposes. 
Protection of historic and artistic furnishings of reception areas of the 
Department of State building. 
Inclusion of coercive population control information in annual human 
rights report. 
Limitation on the use of a foreign mission in a manner incompatible with 
its status as a foreign mission. 
Allocation of shared costs at missions abroad. 
Prohibition on the use of funds for facilities in Israel, Jerusalem, or the 
West Bank. 
Purchasing and leasing of residences. 
Prohibition on acquisition of house for Secretary of State. 
United States Department of State freedom of expression. 
Repeal of Office of Policy and Program Review. 
Studies and planning for a consolidated training facility for the Foreign 
Service Institute. 
Restriction on supervision of Government employees by chiefs of mission. 
Study and report concerning the status of individuals with diplomatic 
immunity in the United States. 
Federal jurisdiction of direct actions against insurers of diplomatic agents. 
Enforcement of Case-Zablocki Act requirements. 
Sec. 
Sec. 
Sec. 
Sec. 
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101. 
102. 
103. 
104. 
105. 
106. 
107. 
108. 
109. 
110. 
P A R T ! 
Sec. 
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Sec. 
Sec. 
Sec. 
121. 
122. 
123. 
124. 
125. 
126. 
Dec. 22, 1987 
[H.R. 1777] 
Foreign 
Relations 
Authorization 
Act, Fiscal Years 
1988 and 1989. 
22 u s e 2651 
note. 
Sec. 127. 
Sec. 128. 
Sec. 129. 
Sec. 130. 
Sec. 131. 
Sec. 132. 
Sec. 133. 
Sec. 134. 
Sec. 135. 
Sec. 136. 
Sec. 137. 
Sec. 138. 
Sec. 139. 
91-194 O - 90 - 2 : QL.3 Part 3 
101 STAT. 1332 
PUBLIC LAW 100-204—DEC. 22, 1987 
Sec. 140. Annual country reports on terrorism. 
Sec. 141. Restriction on use of funds for public diplomacy efforts. 
Sec. 142. Authority to invest and recover expenses from international claims settle-
ment funds. 
PART C—DIPLOMATIC RECIPROCITY AND SECURITY 
•; 
Sec. 151. United States-Soviet Embassy Agreement; prohibition on use of Mt. Alto 
Site. 
Sec. 152. Recovery of damages incurred as a result of Soviet intelligence activities 
directed at the new United States Embassy in Moscow. 
Sec. 153. United States-Soviet reciprocity in matters relating to embassies. 
Sec. 154. Report on personnel of Soviet state trading enterprises. 
Sec. 155. Personnel security program for embassies in high intelligence threat 
countries. 
Sec. 156. Accountability Review Boards. 
Sec. 157. Prohibition on certain employment at United States diplomatic and con-
sular missions in Communist Countries. 
Sec. 158. Termination of retirement benefits for foreign national employees engag-
ing in hostile intelligence activities. 
Sec. 159. Report on employment of foreign nationals at foreign service posts abroad. 
Sec. 160. Construction security certification. 
Sec. 161. Protection from future hostile intelligence activities in the United States. 
Sec. 162. Application of travel restrictions to personnel of certain countries and 
organizations. 
Sec. 163. Counterintelligence polygraph screening of Diplomatic Security Service 
personnel. 
Sec. 164. United States Embassy in Hungary. 
PART D—PERSONNEL MATTERS 
Sec. 171. Commission to study Foreign Service personnel system. 
Sec. 172. Protection of Civil Service employees. 
Sec. 173. Compensation for certain State Department officials. 
Sec. 174. Audit of merit personnel system of Foreign Service. 
Sec. 175. Performance pay. 
, 
Sec. 176. Extension of limited appointments. 
< 
Sec. 177. Chief of missions salary. 
"^ 
Sec. 178. Pay level of ambassadors at large. 
Sec. 179. Foreign Service career candidates tax treatment. 
Sec. 180. Prohibition on member of a Foreign Service union negotiating on behalf of 
the Department of State. 
Sec. 181. Clarification of jurisdiction of foreign service grievance board. 
Sec. 182. Record of grievances awarded. 
Sec. 183. Women and minorities in the Foreign Service. 
Sec. 184. Compliance with law requiring reports to Congress. 
Sec. 185. Changes in reporting requirements. 
. 
Sec. 186. Disposition of personal property abroad. 
Sec. 187. Authorities for service of Fascell fellows. 
Sec. 188. Benefits for certain former spouses of members of the Foreign Service. 
TITLE II—UNITED STATES INFORMATION AGENCY 
Sec. 201. Authorization of appropriations; allocation of funds. 
Sec. 202. Funds appropriated for the United States Information Agency. 
Sec. 203. Receipts from English-teaching and library programs. 
Sec. 204. USIA posts and personnel overseeis. 
Sec. 205. Forty-year leasing authority. 
Sec. 206. United States Information Agency programming on Afghanistan. 
Sec. 207. Television service of the United States Information Agency. 
Sec. 208. Limitation on Worldnet funding. 
Sec. 209. Audience survey of Worldnet program. 
v; 
Sec. 210. National Endowment for Democracy. 
Sec. 211. Separate accounts for NED grantees. 
Sec. 212. NED treatment of independent labor unions. 
Sec. 213. United States Advisory Commission on Public Diplomacy. 
Sec. 214. Distribution within the United States of USIA film entitled "America The 
Way I See It". 
Sec. 215. Availability of certain USIA photographs for distribution within the 
United States by the Department of Defense. 
Sec. 216. USIA undergraduate scholarship program. 
j 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1333 
TITLE III—EDUCATIONAL AND CULTURAL AFFAIRS 
Sec. 301. Authorizations of appropriations. 
Sec. 302. Samantha Smith Memorial Exchange Program. 
Sec. 303. The Arts America Program. 
Sec. 304. Professorship on constitutional democracy. 
Sec. 305. United States-India Fund. 
Sec. 306. The Edward Zorinsky Memorial Library. 
Sec. 307. Cultural Property Advisory Committee. 
TITLE IV—VOICE OF AMERICA 
Sec. 401. Authorizations of appropriations. 
Sec. 402. Voice of America/Europe. 
Sec. 403. Contractor requirements. 
TITLE V—THE BOARD FOR INTERNATIONAL BROADCASTING 
Sec. 501. Authorization of appropriations; allocation of funds. 
Sec. 502. Reserve for offsetting downward fluctuations in overseas rates. 
Sec. 503. Certification of certain creditable service. 
TITLE VI—ASIA FOUNDATION 
Sec. 601. Authorization of appropriations. 
TITLE VII—INTERNATIONAL ORGANIZATIONS 
PART A—UNITED NATIONS 
Sec. 701. Probable exemptions to the United Nations employee hiring freeze. 
Sec. 702. Reform in the budget decisionmaking procedures of the United Nations 
and its specialized agencies. 
Sec. 703. Housing allowances of international civil servants. 
Sec. 704. United States participation in the United Nations if Israel is illegally 
expelled. 
Sec. 705. United Nations projects whose primary purpose is to benefit the Palestine 
Liberation Organization. 
Sec. 706. Public access to United Nations War Crimes Commission files. 
Sec. 707. Report on 
policies 
pursued 
by other 
countries 
in 
international 
organizations. 
Sec. 708. Protection of Tyre by the United Nations Interim Force in Lebanon. 
PART B—UNFFED STATES COMMISSION ON IMPROVING THE EFFECTIVENESS OF THE 
UNITED NATIONS 
Sec. 721. Establishment of Commission. 
Sec. 722. Purposes of the Commission. 
Sec. 723. Membership of the Commission. 
Sec. 724. Powers of the Commission. 
Sec. 725. Staff. 
Sec. 726. Report. 
Sec. 727. Funding for the Commission. 
Sec. 728. General Accounting Office audits of the Commission. 
Sec. 729. Termination of the Commission. 
Sec. 730. Effective date. 
PART B—OTHER INTERNATIONAL ORGANIZATIONS 
Sec. 741. Privileges and immunities to offices of mission to the United States of the 
Commission of the European Communities. 
Sec. 742. Contribution to the regular budget of the International Committee of the 
Red Cross and sense of Congress concerning recognition of Red Shield of 
David. 
Sec. 743. Immunities for the International Committee on the Red Cross. 
Sec. 744. North Atlantic Assembly. 
Sec. 745. United States membership in Intergovernmental Committee for European 
Migration. 
Sec. 746. Recognition of CARICOM. 
Sec. 747. Asian-Pacific regional human rights convention. 
TITLE VIII—INTERNATIONAL NARCOTICS CONTROL 
Sec. 801. Assignment of Drug Enforcement Administration agents abroad. 
Sec. 802. Quarterly reports on prosecution of those responsible for the torture and 
murder of Drug Enforcement Administration agents in Mexico. 
101 STAT. 1334 
PUBLIC LAW 100-204—DEC. 22, 1987 
Sec. 803. Requirement that extradition of drug traffickers be a priority issue of 
United States missions in major illicit drug producing or transit 
countries. 
Sec. 804. Information-sharing system so that visas are denied to drug traffickers. 
Sec. 805. Certification procedures for drug producing and drug-transit countries and 
inclusion of specific agency comments. 
Sec. 806. Sanctions on drug producing and drug-transit countries. 
TITLE IX—IMMIGRATION AND REFUGEE PROVISIONS 
Sec. 901. Prohibition on exclusion or deportation of aliens on certain grounds. 
Sec. 902. Adjustment to lawful resident status of certain nationals of countries for 
which extended voluntary departure has been made available. 
Sec. 903. Processing of Cuban nationals for admission to the United States. 
Sec. 904. Indochinese refugee resettlement. 
Sec. 905. Amerasian children in Vietnam. 
Sec. 906. Refugees from Southeast Asia. 
Sec. 907. Release of Yang Wei. 
c 
TITLE X—ANTI-TERRORISM ACT OF 1987 
Sec. 1001. Short title. 
Sec. 1002. Findings; determinations. 
' 
Sec. 1003. Prohibitions regarding the PLO. 
; 
.-
Sec. 1004. Enforcement. 
Sec. 1005. Effective date. 
PART XI—GLOBAL CLIMATE PROTECTION 
Sec. 1101. Short title. 
Sec. 1102. Findings. 
Sec. 1103. Mandate for action on the global climate. 
Sec. 1104. Report to Congress. 
Sec. 1105. International year of global climate protection. 
Sec. 1106. Climate protection and United States-Soviet relations. 
TITLE XII—REGIONAL FOREIGN RELATIONS MATTERS 
I - 
PART A—SOVIET UNION AND EASTERN EUROPE 
Sec. 1201. Soviet ballistic missile tests near Hawaii. 
Sec. 1202. Emigration of Jews and others who wish to emigrate from the Soviet 
Union. 
Sec. 1203. Systematic nondelivery of international mail addressed to certain per-
sons residing within the Soviet Union. 
Sec. 1204. United States Policy against persecution of Christians in Eastern Europe 
and the Soviet Union. 
Sec. 1205. Observance by the Government of Romania of the human rights of Hun-
garians in Transylvania. 
Sec. 1206. Self-determination of the people from the Baltic states of Estonia, Latvia, 
and Lithuania. 
Sec. 1207. Assistance in support of democracy in Poland. 
PART B—LATIN AMERICA AND CUBA 
Sec. 1211. Cuban human rights violations and the failure of the United Nations to 
place Cuba on its human rights agenda. 
Sec. 1212. Partial lifting of the trade embargo against Nicaragua. 
Sec. 1213. Terrorist bombing in Honduras. 
^ 
Sec. 1214. Human rights in Paraguay. 
'*-' 
PART C—AFRICA 
i 
-: 
Sec. 1221. Human rights in Ethiopia. 
Sec. 1222. United States policy on Angola. 
Sec. 1223. Forced detention by the African National Congress and the South Afri-
can Government. 
Sec. 1224. Detention of children in South Africa. 
PART D—MIDDLE EAST 
Sec. 1231. Middle Eeist peace conference. 
Sec. 1232. United States policy toward Lebanon. 
Sec. 1233. Acting in accordance with international law in the Persian Gulf. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1335 
Sec. 1234. United States policy toward the Iran-Iraq war. 
Sec. 1235. Iran human rights violations. 
Sec. 1236. Iranian persecution of the Baha'is. 
PART E—ASIA 
Sec. 1241. Soviet occupation of Afghanistan. 
Sec. 1242. Report on Administration policy on Afghanistan. 
Sec. 1243. Human rights violations in Tibet by the People's Republic of China. 
Sec. 1244. Support for the right of self-determination for the Cambodian people. 
Sec. 1245. Human rights in the People's Republic of China. 
Sec. 1246. Democracy in Taiwan. 
PART F—MISCELLANEOUS 
Sec. 1251. Reports on illegal technology transfers. 
Sec. 1252. Report on progress toward a world summit on terrorism. 
Sec. 1253. Protection of Americans endangered by the appearance of their place of 
birth on their passports. 
Sec. 1254. Support of mutual defense alliances. 
Sec. 1255. Arms export control enforcement and coordination. 
TITLE XIII—EFFECTIVE DATE 
Sec. 1301. Effective date. 
TITLE I—THE DEPARTMENT OF STATE 
PART A—AUTHORIZATION OF APPROPRIATIONS; 
ALLOCATIONS OF FUNDS; RESTRICTIONS 
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 
(a) 
DIPLOMATIC 
AND 
ONGOING 
OPERATIONS.—The 
following 
amounts are authorized to be appropriated under "Administration 
of Foreign Affairs" 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: 
(1) For "Salaries and Expenses" of the Department of State 
(other than the Diplomatic Security Program), $1,431,908,000 
for the fiscal year 1988 and $1,460,546,000 for the fiscal year 
1989, of which not less than $250,000 for each fiscal year shall 
be available only for use by the Bureau of International 
Communications and Information Policy to support inter-
national institutional development and other activities which 
promote 
international 
communications 
and 
information 
development. 
(2) For "Acquisition and Maintenance of Buildings Abroad" 
(other than the Diplomatic Security Program), $313,124,000 for 
the fiscal year 1988 and $319,386,000 for the fiscal year 1989. 
(3) For "Representation Allowances", $4,460,000 for the fiscal 
year 1988 and $4,549,000 for the fiscal year 1989. 
(4) For "Emergencies in the Diplomatic and Consular Serv-
ice", $4,000,000 for the fiscal year 1988 and $4,080,000 for the 
fiscal year 1989. 
(5) For "Payment to the American Institute in Taiwan", 
$9,379,000 for the fiscal year 1988 and $9,567,000 for the fiscal 
year 1989. 
(b) DIPLOMATIC SECURITY PROGRAM.—In addition to amounts 
authorized to be appropriated by subsection (a), the following 
amounts are authorized to be appropriated under "Administration 
101 STAT. 1336 
PUBLIC LAW 100-204—DEC. 22, 1987 
of Foreign Affairs" for the Department of State to carry out the 
diplomatic security program: 
(1) For "Salaries and Expenses", $350,000,000 for the fiscal 
year 1988 and $357,000,000 for the fiscal year 1989. 
(2) For "Protection of Foreign Missions and Officials", 
$9,100,000 for the fiscal year 1988 and $9,282,000 for the fiscal 
year 1989. 
(c) DIPLOMATIC SECURITY PROGRAM CAPITAL CONSTRUCTION.—Sec-
tion 401(a)(3) of the Diplomatic Security Act (22 U.S.C. 4851(a)(3)) is 
amended by adding at the end thereof "Authorizations of appropria-
tions under this paragraph shall remain available until the appro-
priations are made.". 
SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS AND 
CONFERENCES; INTERNATIONAL PEACEKEEPING ACTIVITIES. 
(a) INTERNATIONAL ORGANIZATIONS.—There are authorized to be 
appropriated to the Department of State under "Contributions to 
International Organizations", $571,000,000 for the fiscal year 1988 
and $582,420,000 for the fiscal year 1989 in order to carry out the 
authorities, functions, duties, and responsibilities in the conduct of 
the foreign affairs of the United States with respect to international 
organizations, of which amount— 
(1) $193,188,000 for the fiscal year 1988 and $193,188,000 for 
? the fiscal year 1989 shall be available only for the United States 
assessed contribution to the United Nations; 
(2) $63,857,000 for the fiscal year 1988 and $63,857,000 for the 
fiscal year 1989 shall be available only for the United States 
assessed contribution to the World Health Organization; 
(3) $31,443,000 for the fiscal year 1988 and $31,443,000 for the 
fiscal year 1989 shall be available only for the United States 
assessed contribution to the International Atomic Energy 
Agency; 
(4) $44,915,000 for the fiscal year 1988 and $44,915,000 for the 
fiscal year 1989 shall be available only for the United States 
assessed contribution to the Organization of American States; 
(5) $38,659,000 for the fiscal year 1988 and $38,659,000 for 
the fiscal year 1989 shall be available only for the United 
States assessed contribution to the Pan-American Health 
Organization; 
(6) $7,849,000 for the fiscal year 1988 and $7,849,000 for the 
fiscal year 1989 shall be available only for the United States 
assessed contribution to the International Civil Aviation 
Organization; 
(7) $645,000 for the fiscal year 1988 and $645,000 for the fiscal 
year 1989 shall be available only for the United States assessed 
contribution to the International Maritime Organization; 
(8) $4,471,000 for the fiscal year 1988 and $4,471,000 for the 
* fiscal year 1989 shall be available only for the United States 
assessed contribution to the International Telecommunication 
Union; 
3 
(9) $25,110,000 for the fiscal year 1988 and $25,110,000 for 
the fiscal year 1989 shall be available only for the United 
^
^ States assessed contribution to the North Atlantic Treaty 
Organization; 
(10) $29,385,000 for the fiscal year 1988 and $29,385,000 for the 
fiscal year 1989 shall be available only for the United States 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1337 
assessed contribution to the Organization for Economic Co-
operation and Development; and 
(11) $388,000 for the fiscal year 1988 and $388,000 for the 
fiscal year 1989 shall be available only for the United States 
assessed contribution to the International Wheat Council. 
OD) INTERNATIONAL PEACEKEEPING ACTIVITIES.—There are 
au-
thorized to be appropriated to the Department of State under "Con-
tributions to International Peacekeeping Activities", $29,400,000 for 
fiscal year 1988 and $29,988,000 for the fiscal year 1989 in order to 
carry out the authorities, functions, duties, and responsibilities in 
the conduct of the foreign affairs of the United States with respect 
to international peacekeeping activities. 
(c) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—There are 
authorized to be appropriated to the Department of State under 
"International Conferences and Contingencies", $6,000,000 for fiscal 
year 1988 and $6,120,000 for the fiscal year 1989 in order to carry 
out the authorities, functions, duties, and responsibilities in the 
conduct of the foreign affairs of the United States with respect to 
international conferences and contingencies, of which amount such 
funds as may be necessary shall be available for the expense of 
hosting the 1987 General Assembly of the Organization of American 
States. 
SEC. 103. INTERNATIONAL COMMISSIONS. 
The following amounts are authorized to be appropriated under 
"International Commissions" 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 with respect to 
international commissions: 
(1) For "International Boundary and Water Commission, 
United States and Mexico", $14,700,000 for the fiscal year 1988 
and $14,994,000 for the fiscal year 1989. 
(2) For "International Boundary Commission, United States 
and Canada", $721,000 for the fiscal year 1988 and $735,000 for 
the fiscal year 1989. 
(3) For "International Joint Commission", $2,979,000 for the 
fiscal year 1988 and $3,039,000 for the fiscal year 1989. 
(4) For "International Fisheries Commissions", $10,800,000 for 
the fiscal year 1988 and $11,016,000 for the fiscal year 1989. 
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated to the Department of State under "Migration and 
Refugee Assistance", $336,750,000 for the fiscal year 1988 and 
$343,485,000 for the fiscal year 1989 in order to carry out the 
authorities, functions, duties, and responsibilities in the conduct of 
the foreign affairs of the United States with respect to migration 
and refugee assistance. 
(b) ALLOCATION OF FUNDS.—Of the amounts authorized to be 
appropriated by subsection (a)— 
(1) $25,000,000 for the fiscal year 1988 and $25,000,000 for the 
fiscal year 1989 shall be available only for assistance for refu-
gees resettling in Israel; and 
(2) $5,000,000 for the fiscal year 1988 and $5,000,000 for the 
fiscal year 1989 shall be available only for the United Nations 
High Commissioner for Refugees and other international relief 
organizations for the protection of, and improvements in edu-
101 STAT. 1338 
PUBLIC LAW 100-204—DEC. 22, 1987 
cational, nutritional, and medical assistance for, the Indo-
chinese refugees in Thailand, of which $1,000,000 for the fiscal 
year 1988 and $1,000,000 for the fiscal year 1989 shall be used 
only for such educational purposes. 
SEC. 105. OTHER PROGRAMS. 
There are authorized to be appropriated to the Department of 
State for the following programs: 
(1) 
"Bilateral 
Science 
and 
Technology 
Agreements", 
$1,900,000 for the fiscal year 1988 and $1,938,000 for the fiscal 
year 1989. 
(2) "Soviet-East European Research and Training", $4,600,000 
for the fiscal year 1988 and $5,000,000 for the fiscal year 1989. 
SEC. 106. REDUCTION IN EARMARKS IF APPROPRIATIONS ARE LESS THAN 
AUTHORIZATIONS. 
If the amount appropriated for a fiscal year pursuant to any 
authorization of appropriations provided by this Act is less than the 
authorization amount and a provision of this 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 
bears to the authorization amount. 
SEC. 107. TRANSFER OF FUNDS. 
(a) TRANSFERS FOR SALARIES AND EXPENSES.—The Secretary of 
State may transfer, without regard to section 1502 of title 31, United 
States Code, to the "Salaries and Expenses" account of the Depart-
ment of State amounts appropriated for any fiscal year prior to 
fiscal year 1989 under "Acquisition and Maintenance of Buildings 
Abroad" which are allocated for capital programs. Any transfer 
under this subsection shall be treated as a reprogramming for 
purposes of section 34 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2706). 
O
t
>
) LIMITATIONS.— 
(1) Subsection (a) shall not apply to amounts appropriated for 
purposes of the diplomatic security program under section 
401(a) of the Diplomatic Security Act (22 U.S.C. 4851). 
(2) The aggregate of— 
(A) the amounts transferred under this section for a fiscal 
year, and 
(B) the 
amounts 
appropriated 
for 
"Salaries 
and 
Expenses" for that fiscal year, 
may not exceed the amount authorized to be appropriated for 
"Salaries and Expenses" for that fiscal year. 
(3) The authority contained in subsection (a) may be exercised 
only to such extent or in such amounts as are provided in 
advance in appropriation Acts. 
SEC. 108. COMPLIANCE WITH PRESIDENTIAL-CONGRESSIONAL SUMMIT 
AGREEMENT ON DEFICIT REDUCTION. 
Notwithstanding the specific authorizations of appropriations con-
tained in this Act, budget authority may not be provided pursuant 
to those authorizations in an amount which would cause the aggre-
gate amount of discretionary budget authority provided for inter-
national affairs (budget function 150) for a fiscal year to exceed the 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1339 
amount of discretionary budget authority for international affairs 
for that fiscal year as specified in laws implementing the agreement 
between the President and the joint Congressional leadership on 
November 20,1987. 
SEC. 109. PROHIBITION ON USE OF FUNDS FOR POLITICAL PURPOSES. 22 USC 2656 
No funds authorized to be appropriated by this Act or by any 
other Act authorizing funds for any entity engaged in any activity 
concerning the foreign affairs of the United States shall be used— 
(1) for publicity or propaganda purposes designed to support 
or defeat legislation pending before Congress; 
(2) to influence in any way the outcome of a political election 
in the United States; or 
(3) for any publicity or propaganda purposes not authorized 
by Congress. 
SEC. 110. LATIN AMERICAN AND CARIBBEAN DATA BASES. 
(a) AUTHORIZATION.—The Secretary of State, in consultation with 
the heads of appropriate departments and agencies of the United 
States, shall use not less than $1,300,000 of the funds authorized to 
be appropriated for each of the fiscal years 1988 and 1989 by section 
101(a)(1) of this Act to provide for the establishment of a Latin 
American and Caribbean Data Base. 
(b) CONDITIONS.—In developing these data bases the Secretary of 
State shall be required to satisfy the following conditions: 
(1) Any new agreement for an on-line bibliographic data base 
entered into for purposes of this section shall be subject to full 
and open competition or merit review among qualified United 
States institutions with strong Latin American and Caribbean 
programs. 
(2) The Secretary shall ensure that funds are not awarded to 
maintain services which are significantly duplicative of existing 
services. 
PART B—DEPARTMENT OF STATE AUTHORITIES 
AND ACTIVITIES; FOREIGN MISSIONS 
SEC. 121. REPROGRAMMING OF FUNDS APPROPRIATED FOR THE DEPART-
MENT OF STATE. 
Section 34 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2706) is amended— 
(1) by inserting "(a)" after "SEC. 34."; and 
(2) by adding at the end the following: 
"(b) Funds appropriated for the Department of State may not be 
available for obligation or expenditure through any reprogramming 
described in subsection (a) during the period which is the last 15 
days in which such funds are available unless notice of such 
reprogramming is made before such period." 
SEC. 122. CONSULAR AND DIPLOMATIC POSTS ABROAD. 
22 USC 2656 
(a) PROHIBITED USES OF FUNDS.— 
(1) CLOSING POSTS.—No funds authorized to be appropriated by 
this or any other Act shall be available to pay any expense 
related to the closing of any United States consular or diplo-
matic post abroad. 
(2) 
FUNDING 
FOR BUREAU OF ADMINISTRATION IF POSTS 
CLOSED.—No funds authorized to be appropriated by this Act 
101 STAT. 1340 
PUBLIC LAW 100-204—DEC. 22, 1987 
shall be used to pay for any expense related to the Bureau of 
Administration of the Department of State (or to carrying out 
any of its functions) if any United States consular or diplomatic 
post is closed after January 1,1987, and is not reopened. 
(b) FUNDS FOR OPERATING CERTAIN CONSULATES.— 
(1) ALLOCATION.—Of the funds authorized to be appropriated 
by section 101(a)(1) for "Salaries and Expenses", not less than 
$50,000,000 for each of the fiscal years 1988 and 1989 shall be 
available only to operate United States consulates in Salzburg, 
Strasbourg, Goteborg, Lyon, Dusseldorf, Tangier, Genoa, Nice, 
Porto Alegre, and Maracaibo. 
(2) EXCESS FUNDS.—Funds allocated by paragraph (1) which 
are in excess of the amount needed to operate the consulates 
specified in that paragraph may be used for other purposes 
under "Administration of Foreign Affairs" if all the specified 
consulates are open and functioning. 
(c) EXCEPTIONS.—Subsection (a) does not apply with respect to— 
(1) any post closed after January 1, 1987, and before the date 
of enactment of this Act if the host government will not allow 
that post to be reopened; 
(2) any post closed because of a break or downgrading of 
diplomatic relations between the United States and the country 
in which the post is located; 
(3) any post closed because there is a real and present threat 
to United States diplomatic or consular personnel in the city 
where the post is located, and a travel advisory warning against 
American travel to that city has been issued by the Department 
of State; 
(4) any post closed in order to provide funds to open a new 
consular or diplomatic post which will be staffed by the Depart-
_^ 
ment of State on a full-time basis with at least one Foreign 
^ 
Service officer or member of the Senior Foreign Service, if the 
Secretary of State, prior to the closing of the post, prepares and 
transmits to the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of Rep-
resentatives a report stating that— 
(A) the new post is a higher priority than the post pro-
posed to be closed; and 
(B) the total number of consular and diplomatic posts 
abroad is not less than the number of such posts in exist-
ence on January 1, 1987 (excluding the posts exempted 
under paragraphs (1) through (4)); and 
(5) the post closed pursuant to section 123. 
(d) SEQUESTRATION.—In the case that a sequestration order is 
issued pursuant to Part C of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 901 et seq.; Public Law 99-177), 
the Secretary of State may, as part of an agenc3nvide austerity 
proposal, submit a report proposing a list of consular posts to be 
^ 
downgraded or closed in order to comply with the sequestration 
order, together with a justification for the inclusion of each post on 
such list. Such report shall be submitted to the Committee on 
Foreign Relations and the Committee on Appropriations of the 
Senate and the Committee on Foreign Affairs and the Committee on 
Appropriations of the House of Representatives. 
(e) DEFINITION.—As used in this section, the term "consular or 
diplomatic post" does not include a post to which only personnel of 
agencies other than the Department of State are assigned. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1341 
22 u s e 2656 
note. 
President of U.S. 
(f) EFFECTIVE DATE.—Subsection (a) shall take effect 180 days after 
the date of enactment of this Act. 
SEC. 123. CLOSING OF DIPLOMATIC AND CONSULAR POSTS IN ANTIGUA 
AND BARBUDA. 
(a) PROHIBITION ON USE OF FUNDS.—None of the funds made 
available for the Department of State for any fiscal year may be 
used for the expenses of maintaining a United States diplomatic or 
consular post in Antigua and Barbuda. 
0>) EFFECTIVE DATE.—The prohibition contained in subsection (a) 
shall take effect 60 days after the date of enactment of this Act 
unless the President determines that closing this post would not be 
in the national security interests of the United States and informs 
the Chairman of the Committee on Foreign Relations of the Senate 
and the Chairman of the Committee on Foreign Affairs of the House 
of Representatives of such determination. 
SEC. 124. REPORT ON EXPENDITURES MADE FROM APPROPRIATION FOR 
22 USC 2680 
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE, 
note. 
The Secretary of State shall provide to the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and 
the Committee on Foreign Affairs and the Committee on Appropria-
tions of the House of Representatives within 30 days after the end of 
each quarter of the fiscal year a complete report, including amount, 
payee, and purpose, of all expenditures made from the appropriation 
for "Emergencies in the Diplomatic and Consular Service" for that 
quarter. 
SEC. 125. REQUIREMENTS APPLICABLE TO GIFTS USED FOR REPRESEN-
TATIONAL PURPOSES. 
The last sentence of section 2503) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2697(b)) is amended by inserting 
before the pericJd the following: ", but shall not be expended for 
representational purposes at United States missions except in 
accordance with the conditions that apply to appropriated funds". 
SEC. 126. PROTECTION OF HISTORIC AND ARTISTIC FURNISHINGS OF 
Gifts and 
RECEPTION 
AREAS 
OF 
THE 
DEPARTMENT 
OF 
STATE 
property. 
BUILDING. 
(a) PROTECTION AND DISPOSITION.—Title I of the State Department 
Basic Authorities Act of 1956, is amended— 
(1) by redesignating section 41 as section 42; and 
22 USC 2651 
(2) by inserting after section 40 the following new section: note. 
"SEC. 
41. PROTECTION OF HISTORIC AND ARTISTIC FURNISHINGS 
OF RECEPTION AREAS OF THE DEPARTMENT OF STATE 
BUILDING. 
"(a) IN GENERAL.—The Secretary of State shall administer the 
historic and artistic articles of furniture, fixtures, and decorative 
objects of the reception areas of the Department of State by such 
means and measures as conform to the purposes of the reception 
areas, which include conserving those articles, fixtures, and objects 
and providing for their enjoyment in such manner and by such 
means as will leave them for the use of the American people. 
Nothing shall be done under this subsection which conflicts with 
the administration of the Department of State or with the use of the 
reception 
areas for official 
purposes of the United 
States 
Government. 
"(b) DISPOSITION OF HISTORIC AND ARTISTIC ITEMS.— 
22 USC 2713. 
101 STAT. 1342 
PUBLIC LAW 100-204—DEC. 22, 1987 
"(1) ITEMS COVERED.—Articles of furniture, fixtures, and deco-
rative objects of the reception areas (and similar articles, fix-
tures, and objects acquired by the Secretary of State), when 
declared by the Secretary of State to be of historic or artistic 
interest, shall thereafter be considered to be the property of the 
Secretary in his or her official capacity and shall be subject to 
disposition solely in accordance with this subsection. 
"(2) SALE OR TRADE.—Whenever the Secretary of State deter-
mines that— 
' 
*' 
"(A) any item covered by paragraph (1) is no longer 
needed for use or display in the reception areas, or 
"(B) in order to upgrade the reception areas, a better use 
of that article would be its sale or exchange, 
the Secretary may, with the advice and concurrence of the 
Director of the National Gallery of Art, sell the item at fair 
market value or trade it, without regard to the requirements of 
the Federal Property and Administrative Services Act of 1949. 
The proceeds of any such sale may be credited to the uncondi-
tional gift account of the Department of State, and items ob-
; tained in trade shall be the property of the Secretary of State 
under this subsection. 
"(3) SMITHSONIAN INSTITUTION.—The Secretary of State may 
also lend items covered by paragraph (1), when not needed for 
use or display in the reception areas, to the Smithsonian 
Institution or a similar institution for care, repair, study, stor-
age, or exhibition. 
"(c) DEFINITION.—For purposes of this section, the term 'reception 
areas' means the areas of the Department of State Building, located 
at 2201 C Street, Northwest, Washington, District of Columbia, 
known as the Diplomatic Reception Rooms (eighth floor), the Sec-
retary of State's offices (seventh floor), the Deputy Secretary of 
State's offices (seventh floor), and the seventh floor reception area.". 
O
t
>
) AUTHORITY TO INSURE CERTAIN HISTORIC AND ARTISTIC FUR-
NISHINGS.—Section 3 of that Act (22 U.S.C. 2670) is amended— 
=:, 
(1) by striking out "and" at the end of paragraph (i); 
'*; 
(2) by striking out the period at the end of paragraph (j) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end the following: 
"(k) subject to the availability of appropriated funds, obtain 
insurance on the historic and artistic articles of furniture, 
fixtures, and decorative objects which may from time-to-time 
be within the responsibility of the Fine Arts Committee of the 
Department of State for the Diplomatic Rooms of the 
Department.". 
Abortion. 
SEC. 127. INCLUSION OF COERCIVE POPULATION CONTROL INFORM 
A-
Sterilization. 
TION IN ANNUAL HUMAN RIGHTS REPORT. 
The Foreign Assistance Act of 1961 is amended— 
(1) in section 116(d) (22 U.S.C. 2151n(d))— 
(A) by striking out "and" at the end of paragraph (1); 
(B) by redesignating paragraph (2) as paragraph (3); and 
(C) by inserting after paragraph (1) the following new 
paragraph: 
"(2) wherever applicable, practices regarding coercion in 
population control, including coerced abortion and involuntary 
sterilization; and"; and 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1343 
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting after the 
first sentence "Wherever applicable, such report shall include 
information on practices regarding coercion in population con-
trol, including coerced abortion and involuntary sterilization.". 
SEC. 128. LIMITATION ON THE USE OF A FOREIGN MISSION IN A MANNER 
INCOMPATIBLE WITH ITS STATUS AS A FOREIGN MISSION. 
(a) AMENDMENT TO FOREIGN MISSIONS ACT.—The State Depart-
ment Basic Authorities Act of 1956 is amended by adding at the end 
of title II (22 U.S.C. 4301 et seq.; commonly referred to as the 
"Foreign Missions Act") the following: 
"SEC. 215. USE OF FOREIGN MISSION IN A MANNER INCOMPATIBLE WITH 
ITS STATUS AS A FOREIGN MISSION. 
"(a) ESTABLISHMENT OF LIMITATION ON CERTAIN USES.—A foreign 
mission may not allow an unaffiliated alien the use of any premise 
of that foreign mission which is inviolable under United States law 
(including any treaty) for any purpose which is incompatible with its 
status as a foreign mission, including use as a residence. 
"(b) TEMPORARY LODGING.—For the purposes of this section, the 
term 'residence' does not include such temporary lodging as may be 
permitted under regulations issued by the Secretary. 
"(c) WAIVER.—The Secretary may waive subsection (a) with re-
spect to all foreign missions of a country (and may revoke such a 
waiver) 30 days after providing written notification of such a waiver, 
together with the reasons for such waiver (or revocation of such a 
waiver), to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate. 
"(d) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit a report to 
the Congress concerning the implementation of this section and 
shall submit such other reports to the Congress concerning changes 
in implementation as may be necessary. 
"(e) DEFINITIONS.—For the purposes of this section— 
"(1) the term 'foreign mission' includes any international 
organization as defined in section 209(b); and 
"(2) the term 'unaffiliated alien' means, with respect to a 
foreign country, an alien who— 
"(A) is admitted to the United States as a nonimmigrant, 
and 
"(B) is not a member, or a family member of a member, of 
a foreign mission of that foreign country.". 
Ob) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), the 
amendment made by subsection (a) shall apply to any foreign mis-
sion beginning on the date of enactment of this Act. 
(2)(A) The amendment made by subsection (a) shall apply begin-
ning 6 months after the date of enactment of this Act with respect to 
any nonimmigrant alien who is using a foreign mission as a resi-
dence or a place of business on the date of enactment of this Act. 
(B) The Secretary of State may delay the effective date provided 
for in subparagraph (A) for not more than 6 months with respect to 
any nonimmigrant alien if the Secretary finds that a hardship to 
that alien would result from the implementation of subsection (a). 
22 u s e 4315. 
Aliens. 
22 use 4315 
note. 
Aliens. 
101 STAT. 1344 
PUBLIC LAW 100-204—DEC. 22, 1987 
SEC. 129. ALLOCATION OF SHARED COSTS AT MISSIONS ABROAD. 
In order to provide for full reimbursement of shared administra-
tive costs at United States missions abroad, the Secretary of State 
shall review, and revise if necessary, the allocation procedures 
under which agencies reimburse the Department of State for shared 
Reports. 
administrative costs at United States missions abroad. Within 3 
months after the date of enactment of this Act, the Secretary of 
State shall submit a report to the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Foreign Rela-
tions of the Senate on such review and any revision. 
SEC. 130. PROHIBITION ON THE USE OF FUNDS FOR FACILITIES IN 
ISRAEL, JERUSALEM, OR THE WEST BANK. 
None of the funds authorized to be appropriated by this title may 
be obligated or expended for site acquisition, development, or 
construction of any new facility in Israel, Jerusalem, or the West 
Bank. 
Real property. 
SEC. 131. PURCHASING AND LEASING OF RESIDENCES. 
It is the sense of the Congress that in its fiscal year 1989 budget 
presentations to the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of Representa-
tives, the Department of State shall provide sufficient information 
on the advantages and disadvantages of purchasing rather than 
leasing residential properties to enable the Congress to determine 
the specific amount of savings that would or would not be achieved 
by purchasing such properties. The Department also shall make 
recommendations to the Congress on the purchasing and leasing of 
such properties. 
SEC. 132. PROHIBITION ON ACQUISITION OF HOUSE FOR SECRETARY OF 
STATE. 
The Department of State shall not solicit or receive funds for the 
construction, purchase, lease or rental of, nor any gift or bequest of 
real property or any other property for the purpose of providing 
living quarters for the Secretary of State. 
SEC. 133. UNITED 
STATES 
DEPARTMENT 
OF STATE 
FREEDOM OF 
EXPRESSION. 
(a) FINDING.—Congress finds that the United States Department 
of State, on September 15, 1987, declared itself to be a temporary 
foreign diplomatic mission for the purpose of denying free speech to 
American citizens who planned to protest the tyranny of the Soviet 
regime. 
(b) PROHIBITION.—It is not in the national security interest of the 
United States for the Department of State to declare, and it shall 
not declare, itself to be a foreign diplomatic mission. 
SEC. 134. REPEAL OF OFFICE OF POLICY AND PROGRAM REVIEW. 
(a) REPEAL.—Subsection GJ) of section 413 of the Diplomatic Secu-
rity Act (22 U.S.C. 4861(b)) is repealed. 
(b) CONFORMING AMENDMENTS.—Section 413(a) of such Act (22 
U.S.C. 4861(a)) is amended— 
(1) by striking out "(a)" and all that follows through 
"STATE.—"; and 
(2) by redesignating paragraphs (1) through (5) as subsections 
(a) through (e), respectively. 
Gifts and 
property. 
Real property. 
22 u s e 2697 
note. 
22 u s e 4301 
note. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1345 
SEC. 135. STUDIES AND PLANNING FOR A CONSOLIDATED TRAINING 
FACILITY FOR THE FOREIGN SERVICE INSTITUTE. 
Section 123(c)(1) of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987, is amended— 
(1) by inserting "(A)" immediately after "(D"; and 
(2) by adding at the end thereof the following new subpara-
graph: 
"(B) Of the amounts authorized to be appropriated to the 
Department of State for fiscal years beginning after Septem-
ber 30, 1987, the Secretary of State may transfer a total not to 
exceed $11,000,000 for 'Administration of Foreign Affairs' to the 
Administrator of General Services for carrying out feasibility 
studies, site preparation, and design, architectural, 
and 
engineering planning under subsection (b).". 
SEC. 136. RESTRICTION ON SUPERVISION OF GOVERNMENT EMPLOYEES 
BY CHIEFS OF MISSION. 
Section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) is 
amended— 
(1) in subsection (a)(1), by inserting "executive branch" after 
"Government"; 
(2) in subsection (a)(2), by inserting "executive branch" after 
"Government" the second place it appears; and 
(3) in subsection (b), by inserting "executive branch" after 
"Any". 
SEC. 137. STUDY AND REPORT CONCERNING THE STATUS OF INDIVID-
UALS WITH DIPLOMATIC IMMUNITY IN THE UNITED STATES. 
(a) STUDY.—The Secretary shall undertake a study of the mini-
mum liability insurance coverage required for members of foreign 
missions and their families and the feasibility of requiring an 
increase in such minimum coverage. In conducting such study, the 
Secretary shall consult with members of the insurance industry, 
officials of State insurance regulatory bodies, and other experts, as 
appropriate. The study shall consider the following: 
(1) The adequacy of the currently required insurance mini-
mums, including the experiences of injured parties. 
(2) The feasibility and projected cost of increasing the current 
minimum coverages to $1,000,000 or some lesser amount in the 
commercial insurance market, including consideration of 
individual umbrella policies to provide additional coverage 
above the current minimum. 
(3) The feasibility and cost of requiring additional coverage up 
to $1,000,000 through a single group insurance arrangement, 
administered by the Department, providing umbrella coverage 
for the entire class of foreign officials who are immune from the 
jurisdiction of the United States. 
(4) The consequences to United States missions abroad, 
including their costs of operation, that might reasonably be 
anticipated as a result of requiring an increase in the insurance 
costs of foreign missions in the United States. 
(5) Any other issues and recommendations the Secretary may 
consider appropriate. 
(b) REPORT.—The Secretary shall compile a report to the Congress 
concerning the problem arising from diplomatic immunity from 
criminal prosecution and from civil suit. The report shall set forth 
the background of the various issues arising from the problem, the 
22 u s e 4021 
note. 
99 Stat. 413. 
Insurance. 
Law 
enforcement and 
crime. 
101 STAT. 1346 
PUBLIC LAW 100-204—DEC. 22, 1987 
extent of the problem, an analysis of proposed and other potential 
measures to address the problem (including an analysis of the costs 
associated with and difficulties of implementing tne various pro-
; 
posals), consider the potential and likely impact upon United States 
diplomatic personnel of actions in other nations that are comparable 
to such proposals, and make recommendations for addressing the 
problem with respect to the following: 
(1) The collection of debts owed by foreign missions and 
members of such missions and their families to individuals and 
entities in the United States. 
(2) A detailed catalog of incidents of serious criminal offenses 
by persons entitled to immunity under the Vienna Convention 
^ J 
on Diplomatic Relations and other treaties to assist in develop-
ing an understanding of the extent of the problem. 
(3) The feasibility of having the Department of State develop 
and periodically submit to the Congress a report concerning— 
(A) serious criminal offenses committed in the United 
< 
: 
States by individuals entitled to immunity from the crimi-
nal jurisdiction of the United States; and 
(B) delinquency in the payment of debts owed by foreign 
missions and members of such missions and their families 
,;-1 
to individuals and entities in the United States. 
(4) Methods for improving the education of law enforcement 
officials on the extent of immunity provided to members of 
foreign missions and their families under the Vienna Conven-
tion on Diplomatic Relations and other treaties. 
(5) Proposals to assure that law enforcement officials fully 
investigate, charge, and institute and maintain prosecution of 
members of foreign missions and their families to the extent 
consistent with the obligations of the United States under the 
Vienna Convention on Diplomatic Relations and other treaties. 
(6) The extent to which existing practices regarding the cir-
cumstances under which diplomatic visas under 
section 
101(a)(15)(A) of the Immigration and Nationality Act are issued 
and revoked are adequate to ensure the integrity of the diplo-
matic visa category. 
(7) The extent to which current registration and documenta-
tion requirements fully and accurately identify individuals 
entitled to diplomatic immunity. 
(8) The extent to which the Department of State is able to 
identify diplomats allegedly involved in serious crimes in the 
United States so as to initiate their removal from the United 
States and the extent to which existing law may be inadequate 
to prevent the subsequent readmission of such individuals 
under nonimmigrant and immigrant categories unrelated to 
section 101(a)(15)(A) of the Immigration and Nationality Act. 
International 
(9) A Comparison of the procedures for the issuance of visas to 
organizations. 
diplomats from foreign nations to the United States and inter-
national organizations with the procedures accorded to United 
States diplomats to such nations and to international organiza-
tions in such nations, and recommendations to achieve reciproc-
ity in such procedures. 
(lOXA) A review of the definition of the term "family" under 
the Diplomatic Relations Act. 
(B) An evaluation of the effect of amendments to the term 
"family" on the number of persons entitled to diplomatic immu-
nity in the United States. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1347 
(C) An evaluation of the potential effect of various amend-
ments to the term "family" under the Diplomatic Relations Act 
on the number of serious criminal offenses committed in the 
United States by members of foreign missions and their families 
entitled to immunity from the criminal jurisdiction of the 
United States. 
(11) An examination of all possible measures to prevent the 
use of diplomatic pouches for the illicit transportation of nar-
cotics, explosives, or weapons. 
(12) An examination of the considerations in establishing a 
fund for compensating the victims of crimes committed by 
persons entitled to immunity from criminal prosecution under 
the Vienna Convention on Diplomatic Relations and other trea-
ties, including the feasibility of establishing an insurance fund 
financed by foreign missions. 
(c) CONGRESS.—Not more than 90 days after the date of enactment 
of this Act, the findings and recommendations of the study under 
subsection (a) and the report under subsection Ot)) shall be submitted 
to the Committee on the Judiciary and the Committee on Foreign 
Relations of the Senate and the Committee on the Judiciary and the 
Committee on Foreign Affairs of the House of Representatives. 
SEC. 138. FEDERAL JURISDICTION OF DIRECT ACTIONS AGAINST IN-
SURERS OF DIPLOMATIC AGENTS. 
(a) PERIOD OF LIABILITY.—Section 1364 of title 28, United States 
Code, is amended by inserting after "who is" the following: ", or was 
at the time of the tortious act or omission,". 
(b) APPLICATION.—The amendment made by subsection (a) shall 
apply to the first tortious act or omission occurring after the date of 
enactment of this Act. 
SEC. 139. ENFORCEMENT OF CASE-ZABLOCKI ACT REQUIREMENTS. 
(a) RESTRICTION ON USE OF FUNDS.—If any international agree-
ment, whose text is required to be transmitted to the Congress 
pursuant to the first sentence of subsection (a) of section 112b of title 
1, United States Code (commonly referred to as the "Case-Zablocki 
Act"), is not so transmitted within the 60-day period specified in 
that sentence, then no funds authorized to be appropriated by this 
or any other Act shall be available after the end of that 60-day 
period to implement that agreement until the text of that agree-
ment has been so transmitted. 
(b) EFFECTIVE DATE.—Subsection (a) shall take effect 60 days after 
the date of enactment of this Act and shall apply during fiscal years 
1988 and 1989. 
SEC. 140. ANNUAL COUNTRY REPORTS ON TERRORISM. 
(a) REQUIREMENT OF ANNUAL COUNTRY REPORTS ON TERRORISM.— 
The Secretary of State shall transmit to the Speaker of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, by March 31 of each year, a full and complete report 
providing— 
(1) detailed assessments with respect to each foreign coun-
try— 
(A) in which acts of international terrorism occurred 
which were, in the opinion of the Secretary, of major 
significance; 
Drugs and drug 
abuse. 
Arms and 
munitions. 
Effective date. 
28 u s e 1364 
note. 
International 
agreements. 
l U S C l 12b note. 
22 u s e 2656f. 
101 STAT. 1348 
PUBLIC LAW 100-204—DEC. 22, 1987 
(B) about which the Congress was notified during the 
preceding five years pursuant to section 6(j) of the Export 
Administration Act of 1979; and 
(C) which the Secretary determines should be the subject 
of such report; and 
(2) all relevant information about the activities during the 
preceding year of any terrorist group, and any umbrella group 
- 
under which such terrorist group falls, known to be responsible 
for the kidnapping or death of an American citizen during the 
preceding five years, any terrorist group known to be financed 
by countries about which Congress was notified during the 
preceding year pursuant to section 6(j) of the Export Adminis-
tration Act of 1979, and any other known international terrorist 
group which the Secretary determines should be the subject of 
such report. 
(b) PROVISIONS TO BE INCLUDED IN REPORT.—The report required 
under subsection (a) should to the extent feasible include (but not be 
limited to)— 
(1) with respect to subsection (aXD— 
(A) a review of major counterterrorism efforts under-
taken by countries which are the subject of such report, 
including, as appropriate, steps taken in international fora; 
(B) the response of the judicial system of each country 
which is the subject of such report with respect to matters 
relating to terrorism affecting American citizens or facili-
ties, or which have, in the opinion of the Secretary, a 
significant impact on United States 
counterterrorism 
efforts, including responses to extradition requests; and 
\ 
(C) significant support, if any, for international terrorism 
by each country which is the subject of such report, includ-
ing Qjut not limited to)— 
(i) political and financial support; 
. , 
(ii) diplomatic support through diplomatic recogni-
tion and use of the diplomatic pouch; 
(iii) providing sanctuary to terrorists or terrorist 
groups; and 
International 
(iv) the positions (including voting records) on mat-
organizations, 
ters relating to terrorism in the General Assembly of 
the United Nations and other international bodies and 
fora of each country which is the subject of such report; 
' 
and 
(2) with respect to subsection (aX2), any— 
' 
(A) significant financial support provided by foreign 
i,u3 
governments to those groups directly, or provided in sup-
port of their activities; 
, , 
(B) provisions of significant military or paramilitary 
training or transfer of weapons by foreign governments to 
those groups; 
(C) provision of diplomatic recognition or privileges by 
foreign governments to those groups; and 
(D) provision by foreign governments of sanctuary from 
prosecution to these groups or their members responsible 
for the commission, attempt, or planning of an act of inter-
national terrorism. 
(c) CLASSIFICATION OF REPORT.—The report required under subsec-
tion (a) shall, to the extent practicable, be submitted in an unclassi-
fied form and may be accompanied by a classified appendix. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1349 
(d) DEFINITIONS.—As used in this section— 
(1) the term "international terrorism" means terrorism 
involving citizens or the territory of more than 1 country; 
(2) the term "terrorism" means premeditated, politically 
motivated violence perpetrated against noncombatant targets 
by subnational groups or clandestine agents; and 
(3) the term "terrorist group" means any group practicing, or 
which has significant subgroups which practice, international 
terrorism. 
(e) REPORTING PERIOD.— 
(1) The report required under subsection (a) shall cover the 
events of the calendar year preceding the year in which the 
report is submitted. 
(2) The report required by subsection (a) to be submitted by 
March 31, 1988, may be submitted no later than August 31, 
1988. 
SEC. 141. RESTRICTION ON USE OF FUNDS FOR PUBLIC DIPLOMACY 
EFFORTS. 
(a) IN GENERAL.—Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act for the Department 
of State may be used by the Department of State to make any 
contract or purchase order agreement, on or after the date of 
enactment of this Act, with any individual, group, organization, 
partnership, corporation, or other entity for the purpose o
f
— 
(1) providing advice or assistance for any program for foreign 
representatives of any civic, labor, business, or humanitarian 
group during any visit to Washington, District of Columbia, or 
any other location within the United States; 
(2) providing contact with any refugee group or exile in 
Washington, District of Columbia, or elsewhere in the United 
States, including the arranging of any media event, interview, 
or public appearance; 
(3) translating articles on regions of the world and making 
them available for distribution to United States news organiza-
tions or public interest groups; 
(4) providing points of contact for public interest groups seek-
ing to interview exiles, refugees, or other visitors; 
(5) coordinating or accompanying media visits to any region of 
the world; 
(6) providing source material relating to regional conflicts for 
public diplomacy efforts; 
(7) providing or presenting, in writing or orally, factual mate-
rial on security considerations, refugee problems, or political 
dynamics of any region of the world for use on public diplomacy 
efforts; 
(8) editing briefs or other materials for use on public diplo-
macy efforts; 
(9) conducting special studies or projects for use on public 
diplomacy efforts; 
(10) designing or organizing a distribution system for mate-
rials for use on public diplomacy efforts; or 
(11) directing the operation of this distribution system, includ-
ing— 
(A) development of specialized, segmented addressee lists 
of persons or organizations which have solicited materials 
or information on any region of the world; 
District of 
Columbia. 
Refugees. 
District of 
Columbia. 
Refugees. 
Refugees. 
Mail. 
101 STAT. 1350 
PUBLIC LAW 100-204—DEC. 22, 1987 
(B) computerization, coding, maintenance, or updating of 
*
^ 
lists; 
(C) retrieval, storage, mailing, or shipping of individual or 
bulk packets of publications; 
(D) maintenance or control of inventory or reserve stocks 
of materials; 
(E) distribution of materials; 
(F) coordinating publication production; or 
(G) conducting systematic evaluations of the system. 
Contracts. 
(b) EXCEPTIONS.— 
(1) Subsection (a) does not apply to any contract or purchase 
order agreement made, after competitive bidding, by or for the 
Bureau of Public Affairs of the Department of State. 
(2) During fiscal years 1988 and 1989, a contract related to 
advocacy and policy positions may be entered into by or on 
behalf of the Department of State if the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate are notified not less than 15 
days in advance of the proposed contract. 
(c) LIMITATION ON USE OF FUNDS.—Of the funds authorized to be 
appropriated by this or any other Act, not more than $389,000 may 
be used in any fiscal year to finance the activities set forth in 
subsection (a). 
SEC. 142. AUTHORITY TO INVEST AND RECOVER EXPENSES FROM INTER-
NATIONAL CLAIMS SETTLEMENT FUNDS. 
22 use 1627. 
(a) INVESTMENT AUTHORITY.—Section 8 of the 
International 
Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) is amended by 
adding at the end thereof the following new subsection: 
Securities. 
"(g) The Secretary of the Treasury is authorized and directed to 
invest the amounts held respectively in the 'special funds' estab-
lished by this section in public debt securities with maturities 
suitable for the needs of the separate accounts and bearing interest 
at rates determined by the Secretary, taking into consideration the 
average market yield on outstanding marketable obligations of the 
^^ 
United States of comparable maturities. The interest earned on the 
amounts in each special fund shall be used to make payments, in 
accordance with subsection (c), on awards payable from that special 
fund.". 
O
t
>
) AUTHORITY TO ACCEPT REIMBURSEMENTS.—The Department of 
State Appropriation Act of 1937 (49 Stat. 1321; 22 U.S.C. 2661) is 
amended under the heading entitled "INTERNATIONAL FISHERIES 
COMMISSION" by inserting after the fourth undesignated paragraph 
the following new paragraph: 
"The Secretary of State is authorized to accept reimbursement 
from corporations, firms, and individuals for the expenses of travel, 
translation, printing, special experts, and other extraordinary ex-
penses incurred in pursuing a claim on their behalf against a 
foreign government or other foreign entity. Such reimbursements 
shall be credited to the appropriation account against which the 
expense was initially charged.". 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1351 
PART C—DIPLOMATIC RECIPROCITY AND 
SECURITY 
SEC. 151. UNITED STATES-SOVIET EMBASSY AGREEMENT: PROHIBITION 
ON USE OF MT. ALTO SITE. 
(a) FINDINGS.—The Congress finds that— 
(1) the Government of the Union of Soviet Socialist Republics 
has intentionally and substantially violated international agree-
ments with the United States concerning the establishment and 
operation of the new United States Embassy complex in Moscow 
by significantly delaying progress and by constructing the prem-
ises of that Embassy so as to compromise the security of United 
States operations, thus rendering the premises unuseable for 
the primary purpose intended under those agreements; 
(2) the Soviet Government's actions constitute a material 
violation of international law and a substantial default in 
performance under the contract for construction of the new 
United States Embassy complex, and the United States is en-
titled to claim appropriate compensation; 
(3) due to actions of the Government of the Union of Soviet 
Socialist Republics, United States Government 
personnel 
cannot pursue their official duties in confidence, as the national 
security and diplomatic relations of the United States requires, 
within the new United States Embassy being constructed in 
Moscow; 
(4) the Government of the Union of Soviet Socialist Republics 
has similarly taken steps to impair the full and proper use of 
the present United States Embassy in Moscow, to the detriment 
of the national security of the United States and its ability to 
conduct diplomatic relations; 
(5) as a result of the substantial violations by the Soviet 
Union of these international agreements with the United States 
and other Soviet violations of international law, the United 
States is entitled to terminate, in whole or in part, those 
agreements; 
(6) termination of such agreements may include withdrawal 
of rights and privileges otherwise granted to the Soviet Union 
concernijig the establishment of a new Soviet Embassy complex 
in Washington, District of Columbia; 
(7) the location of the new Soviet Embassy on Mount Alto 
creates serious concerns with respect to electronic surveillance 
and potential damage to the national security of the United 
States; and 
(8) to protect the national security of the United States, 
therefore, the United States should exercise its right to termi-
nate the Embassy agreements in view of the substantial and 
intentional Soviet breaches thereof, unless the threat to the 
national security posed by adherence to those agreements can 
be overcome. 
(b) WITHDRAWAL FROM EMBASSY AGREEMENT.—The United States 
shall withdraw from the Agreement between the Government of the 
United States and the Government of the Union of Soviet Socialist 
Republics on the Reciprocal Allocation for Use Free of Charge of 
Plots of Land in Moscow and Washington (signed at Moscow, May 
16, 1969) and related agreements, notes, and understandings unless 
District of 
Columbia. 
President of U.S. 
101 STAT. 1352 
PUBLIC LAW 100-204—DEC. 22, 1987 
President of U.S. 
President of U.S. 
V. 
the President makes the determinations and waiver under subsec-
tion (c). 
(c) WAIVER.— 
(1) PRESIDENTIAL DETERMINATIONS REQUIRED.—The President 
may waive subsection (b) if he determines that— 
(A) it is vital to the national security of the United States 
that the United States not withdraw from the agreement 
(and related agreements, notes, and understandings) re-
ferred to in subsection (b); 
(B) steps have been or will be taken that will ensure that 
the new chancery building to be occupied by the United 
States Embassy in Moscow can be safely and securely used 
for its intended purposes; and 
(C) steps have been or will be taken to eliminate, no later 
than 2 years after the date of enactment of this Act, the 
damage to the national security of the United States due to 
electronic surveillance from Soviet facilities on Mount Alto, 
(2) WHEN DETERMINATIONS MAY BE MADE.—The President 
may not make the determination and waiver permitted by 
paragraph (1) before the end of the 6-month period beginning on 
the date of enactment of this Act. 
(3) REPORT TO CONGRESS.—The waiver permitted by paragraph 
(1) shall not be effective until 30 days after the determinations 
and waiver are reported to the Congress. Any such report shall 
include— 
(A) a detailed justification for each of the determinations; 
«.i 
(B) an assessment of the impact on national security of 
' 
the removal of the Soviet Embassy from Mt. Alto; and 
(C) specify the steps that have been or will be taken to 
achieve the requirements of paragraphs (1) (B) and (C). 
(4) NONDELEGATABILITY.—The President may not delegate the 
responsibility for making the determination and waiver per-
mitted by paragraph (1). 
(d) NOTIFICATION OF UNAVAILABILITY OF MOUNT ALTO.—If the 
President does not waive subsection (b), the Secretary of State shall 
notify the Government of the Union of Soviet Socialist Republics 
that the Mount Alto site will cease to be available to that Govern-
ment for any purpose as of the date which is 1 year and 10 days after 
the earliest date on which the President could make the waiver 
under subsection (c). 
(e) PROHIBITION ON FUTURE USE OF MOUNT ALTO SITE BY FOREIGN 
MISSIONS.—If subsection G
o
) takes effect, the Mount Alto site may 
not be made available for use thereafter by a foreign mission for any 
purpose. 
SEC. 152. RECOVERY OF DAMAGES INCURRED AS A RESULT OF SOVIET 
INTELLIGENCE ACTIVITIES DIRECTED AT THE NEW UNITED 
STATES EMBASSY IN MOSCOW. 
It is the sense of the Congress that the arbitration process be-
tween the United States and the Union of Soviet Socialist Republics, 
which is currently under way with respect to damages arising from 
delays in the construction of the new United States Embassy in 
Moscow, should include Soviet reimbursement of the full costs 
incurred by the United States as a result of the intelligence activi-
ties of the Soviet Union directed at the new United States Embassy 
in Moscow. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1353 
SEC. 153. UNITED STATES-SOVIET RECIPROCITY IN MATTERS RELATING 
TO EMBASSIES. 
22 u s e 4301 
note. 
(a) REQUIREMENT FOR RECIPROCITY IN CERTAIN MATTERS.—The 
Secretary of State shall exercise the authority granted in title II of 
the State Department Basic Authorities Act of 1956 (relating to 
foreign missions) to obtain the full cooperation of the Soviet Govern-
ment in achieving the following objectives by October 1, 1989: 
(1) FINANCE.—United States diplomatic and consular posts in 
the Soviet Union not pay more than fair value for goods or 
, services as a result of the Soviet Government's control over 
Soviet currency valuation and over the pricing of goods and 
services. 
(2) ACCESS TO GOODS AND SERVICES.—United States diplomatic utilities. 
and consular posts in the Soviet Union have full access to goods 
and services, including utilities. 
(3) REAL PROPERTY.—The real property used for office pur-
poses, the real property used for residential purposes, and the 
real property used for all other purposes by United States 
diplomatic and consular posts in the Soviet Union is comparable 
in terms of quantity and quality to the real property used for 
each of those purposes by diplomatic and consular posts of the 
Soviet mission to the United States. 
(b) SOVIET CONSULATES IN THE UNITED STATES.—The Secretary of 
State shall not allow the Soviet mission to the United States to 
occupy any new consulate in the United States until the United 
States mission in Kiev is able to occupy secure permanent facilities. 
(c) SECRETARY OF THE TREASURY.—The Secretary of the Treasury 
shall provide to the Secretary of State such assistance with respect 
to the implementation of paragraph (1) of subsection (a) as the 
Secretary of State may request. 
(d) REPORTS TO CONGRESS.—Not later than 60 days after the date of 
enactment of this Act and annually thereafter, the Secretary of 
State shall submit to the Congress a report setting forth the actions 
taken and planned to be taken in carrying out subsection (a). 
(e) DEFINITION OF BENEFIT.—Paragraph (1) of section 202(a) of 
title II of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 4302(a)(1); commonly referred to as the Foreign Missions Act) 
is amended— 
(1) by striking out "and" at the end of subparagraph (E); 
(2) in subparagraph (F), by inserting "and" after "services,"; 
and 
(3) by inserting after subparagraph (F) the following new 
subparagraph: 
"(G) financial and currency exchange services,". 
SEC. 154. REPORT ON PERSONNEL OF SOVIET STATE TRADING ENTER-
PRISES. 
Not later than 60 days after the date of enactment of this Act, the 
Secretary of State shall submit to the Congress a report discussing 
whether the number of personnel of Soviet state trading enterprises 
in the United States should be reduced. 
SEC. 155. PERSONNEL SECURITY PROGRAM FOR EMBASSIES IN HIGH 
INTELLIGENCE THREAT COUNTRIES. 
(a) SPECIAL SECURITY PROGRAM.—The Secretary of State shall 
develop and implement, within three months after the date of 
enactment of this Act, a special personnel security program for 
22 u s e 4802 
note. 
101 STAT. 1354 
PUBLIC LAW 100-204—DEC. 22, 1987 
personnel of the Department of State assigned to United States 
diplomatic and consular posts in high intelligence threat countries 
who are responsible for security at those posts and for any individ-
uals performing guard functions at those posts. Such program shall 
include— 
(1) selection criteria and screening to ensure suitability for 
assignment to high intelligence threat countries; 
(2) counterintelligence awareness and related training; 
(3) security reporting and command arrangements designed to 
counter intelligence threats; and 
(4) length of duty criteria and policies regarding rest and 
recuperative absences. 
(b) REPORT TO CONGRESS.—Not later than 6 months after the date 
of enactment of this subsection, the Secretary of State shall report 
to the Congress on the special personnel security program required 
by subsection (a). 
(c) DEFINITION.—As used in subsection (a), the term "high intel-
ligence threat country" means— 
(1) a country listed as a Communist country in section 620(f) of 
the Foreign Assistance Act of 1961; and 
(2) any other country designated as a high intelligence threat 
country for purposes of this section by the Secretary of State, 
the Secretary of Defense, the Director of Central Intelligence, or 
the Director of the Federal Bureau of Investigation. 
SEC. 156. ACCOUNTABILITY REVIEW BOARDS. 
(a) ESTABLISHMENT OF A BOARD.—Section 301 of the Diplomatic 
Security Act (22 U.S.C. 4831) is amended— 
(1) by inserting ", and in any case of a serious breach of 
security involving intelligence activities of a foreign govern-
ment directed at a United States Government mission abroad," 
after "mission abroad"; and 
(2) by inserting after the first sentence thereof the following 
new sentence: "With respect to breaches of security involving 
intelligence activities, the Secretary of State may delay 
establishing an Accountability Review Board if, after consulta-
tion with the Chairman of the Select Committee on Intelligence 
of the Senate and the Chairman of the Permanent Select 
, Committee on Intelligence of the House of Representatives, the 
Secretary determines that doing so would compromise intel-
ligence sources and methods. The Secretary shall promptly 
advise the Chairmen of such committees of each determination 
pursuant to this section to delay the establishment of an 
Accountability Review Board.". 
a>) BOARD FINDINGS.—Section 304(a) of that Act (22 U.S.C. 4834(a)) 
is amended by inserting "or surrounding the serious breach of 
security involving intelligence activities of a foreign government 
directed at a United States Government mission abroad (as the case 
may be)" after "mission abroad" the first place it appears. 
22 u s e 3943 
SEC. 157. PROHIBITION ON CERTAIN EMPLOYMENT AT UNITED STATES 
note. 
DIPLOMATIC AND CONSULAR MISSIONS IN COMMUNIST 
COUNTRIES. 
Classified 
(a) PROHIBITION.—After September 30, 1990, no national of a 
information. 
Communist country may be employed as a foreign national em-
ployee in any area of a United States diplomatic or consular 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1355 
facility in any Communist country where classified materials are 
maintained. 
(b) DEFINITION.—As used in this section, the term "Communist 
country" means a country listed in section 620(f) of the Foreign 
Assistance Act of 1961. 
(c) ADDITIONAL FUNDS FOR HIRING UNITED STATES CITIZENS.—The 
Congress expresses its willingness to provide additional funds to the 
Department of State for the expenses of employing United States 
nationals to replace the individuals dismissed by reason of subsec-
tion (a). 
(d) REPORT AND REQUEST FOR FUNDS.—As a part of the Department 
of State's authorization request for fiscal years 1990 and 1991, the 
Secretary of State, in consultation with the heads of all relevant 
agencies, shall submit— 
(1) a report, which shall include— 
(A) a feasibility study of the implementation of this sec-
tion; and 
(B) an analysis of the impact of the implementation of 
this section on the budget of the Department of State; and 
(2) a request for funds necessary for the implementation of 
this section pursuant to the findings and conclusions specified 
in the report under paragraph (1). 
(e) WAIVER.—The President may waive this section— 
(1) if funds are not specifically authorized and appropriated to 
carry out this section; or 
(2) the President determines that it is in the national security 
interest of the United States to continue to employ foreign 
service nationals. 
The President shall notify the appropriate committees of Congress 
each time he makes the waiver conferred on him by this section. 
SEC. 158. TERMINATION OF RETIREMENT BENEFITS FOR FOREIGN NA-
TIONAL EMPLOYEES ENGAGING IN HOSTILE INTELLIGENCE 
ACTIVITIES. 
(a) TERMINATION.—The Secretary of State shall exercise the 
authorities available to him to ensure that the United States does 
not provide, directly or indirectly, any retirement benefits of any 
kind to any present or former foreign national employee of a United 
States diplomatic or consular post against whom the Secretary has 
convincing evidence that such employee has engeiged in intelligence 
activities directed against the United States. To the extent prac-
ticable, the Secretary shedl provide due process in implementing this 
section. 
O
b
) WAIVER.—The Secretary of State may waive the applicability 
of subsection (a) on a case-by-case beisis with respect to an employee 
if he determines that it is vital to the national security of the United 
States to do so and he reports such waiver to the appropriate 
committees of the Congress. 
SEC. 159. REPORT ON EMPLOYMENT OF FOREIGN NATIONALS AT FOR-
EIGN SERVICE POSTS ABROAD. 
Not later than 6 months after the date of enactment of this Act, 
the Secretary of State, in consultation with the Secretary of Com-
merce, the Secretary of Agriculture, the Director of Central Intel-
ligence, the Director of the United States Information Agency, and 
the Director of the Peace Corps, shall submit to the Congress a 
report discussing the advisability of employing foreign nationals at 
President of U.S. 
President of U.S. 
22 u s e 4041 
note. 
101 STAT. 1356 
PUBLIC LAW 100-204—DEC. 22, 1987 
22 u s e 4851 
note. 
Classified 
information. 
Real property. 
Communications 
and tele-
communications. 
foreign service posts abroad (including their access to automatic 
data processing systems and networks). 
SEC. 160. CONSTRUCTION SECURITY CERTIFICATION. 
(a) CERTIFICATION.—Before undertaking any new construction or 
major renovation project in any foreign facility intended for the 
storage of classified materials or the conduct of classified activities, 
the Secretary of State, after consultation with the Director of 
Central Intelligence, shall certify to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate that— 
(1) appropriate and adequate steps have been taken to ensure 
the security of the construction project (including an evaluation 
of how all security-related factors with respect to such project 
are being addressed); and 
(2) the facility resulting from such project incorporates— 
(A) adequate measures for protecting classified informa-
tion and national security-related activities; and 
^ 
(B) adequate protection for the personnel working in the 
diplomatic facility. 
(b) AVAILABILITY OF DOCUMENTATION.—All documentation with 
respect to a certification referred to in subsection (a) and any 
dissenting views thereto shall be available, in an appropriately 
classified form, to the Chairman of the Committee on Foreign 
Affairs of the House of Representatives and the Chairman of the 
Committee on Foreign Relations of the Senate. 
(c) DIRECTOR OF CENTRAL INTELLIGENCE.—The Director of Central 
Intelligence shall provide to the Secretary of State such assistance 
with respect to the implementation of this section as the Secretary 
of State may request. 
(d) DISSENTING VIEWS.—If the Director of Central Intelligence 
disagrees with the Secretary of State with respect to any project 
certification made pursuant to subsection (a), the Director shall 
submit in writing disagreeing views to the Secretary of State. 
SEC. 161. PROTECTION FROM FUTURE HOSTILE INTELLIGENCE ACTIVI-
TIES IN THE UNITED STATES. 
Section 205 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 4305) is amended by adding at the end the following: 
"(d)(1) After the date of enactment of this subsection, real prop-
erty in the United States may not be acquired (by sale, lease, or 
other means) by or on behalf of the foreign mission of a foreign 
country described in paragraph (4) if, in the judgment of the Sec-
retary of Defense (after consultation with the Secretary of State), 
the acquisition of that property might substantially improve the 
capability of that country to intercept communications involving 
United States Government diplomatic, military, or intelligence 
matters. 
"(2) After the date of enactment of this subsection, real property 
in the United States may not be acquired (by sale, lease, or other 
means) by or on behalf of the foreign mission of a foreign country 
described in paragraph (4) if, in the judgment of the Director of the 
Federal Bureau of Investigation (after consultation with the Sec-
retary of State), the acquisition of that property might substantially 
improve the capability of that country to engage in intelligence 
activities directed against the United States Government, other 
than the intelligence activities described in paragraph (1). 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1357 
"(3) The Secretary of State shall inform the Secretary of Defense 
and the Director of the Federal Bureau of Investigation immediately 
upon notice being given pursuant to subsection (a) of this section of a 
proposed acquisition of real property by or on behalf of the foreign 
mission of a foreign country described in paragraph (4). 
"(4) For the purposes of this subsection, the term 'foreign country' 
means— 
"(A) any country listed as a Communist country in section 
620(f) of the Foreign Assistance Act of 1961; 
"(B) any country determined by the Secretary of State, for 
purposes of section 6(j) of the Export Administration Act of 
1979, to be a country which has repeatedly provided support for 
acts of international terrorism; and 
"(C) any other country which engages in intelligence activi-
ties in the United States which are adverse to the national 
security interests of the United States. 
"(5) As used in this section, the term 'substantially improve' shall 
not be construed to prevent the establishment of a foreign mission 
by a country which, on the date of enactment of this section— 
"(A) does not have a mission in the United States, or 
"(B) with respect to a city in the United States, did not 
maintain a mission in that city.". 
SEC. 162. APPLICATION OF TRAVEL RESTRICTIONS TO PERSONNEL OF 
CERTAIN COUNTRIES AND ORGANIZATIONS. 
(a) AMENDMENT TO FOREIGN MISSIONS ACT.—Title II of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 4301 et seq.) as 
amended by section 128 is further amended by adding at the end the 
following new section: 
"SEC. 216. APPLICATION OF TRAVEL RESTRICTIONS TO PERSONNEL OF 
22 USC 4316. 
CERTAIN COUNTRIES AND ORGANIZATIONS. 
"(a) REQUIREMENT FOR RESTRICTIONS.—The Secretary shall apply 
the same generally applicable restrictions to the travel while in the 
United States of the individuals described in subsection (b) as are 
applied under this title to the members of the missions of the Soviet 
Union in the United States. 
"(b) INDIVIDUALS SUBJECT TO RESTRICTIONS.—The restrictions re-
quired by subsection (a) shall be applied with respect to those 
individuals who (as determined by the Secretary) are— 
"(1) the personnel of an international organization, if the 
individual is a national of any foreign country whose govern-
ment engages in intelligence activities in the United States that 
are harmful to the national security of the United States; 
"(2) the personnel of a mission to an international organiza-
tion, if that mission is the mission of a foreign government that 
engages in intelligence activities in the United States that are 
harmful to the national security of the United States; or 
"(3) the family members or dependents of ah individual de-
scribed in paragraphs (1) and (2); 
and who are not nationals or permanent resident aliens of the 
United States. 
"(c) WAIVERS.—The Secretary, after consultation with the Direc-
tor of Central Intelligence and the Director of the Federal Bureau of 
Investigation, may waive application of the restrictions required by 
subsection (a) if the Secretary determines that the national security 
and foreign policy interests of the United States so require. 
101 STAT. 1358 
PUBLIC LAW 100-204—DEC. 22, 1987 
"(d) REPORTS.—The Secretary shall transmit to the Select Com-
mittee on Intelligence and the Committee on Foreign Relations of the 
Senate, and to the Permanent Select Committee on Intelligence and 
the Committee on Foreign Affairs of the House of Representatives, 
not later than six months after the date of enactment of this section 
and not later than every six months thereafter, a report on the 
actions taken by the Secretary in carrying out this section during 
the previous six months. 
"(e) DEFINITIONS.—For purposes of this section— 
"(1) the term 'generally applicable restrictions' means any 
limitations on the radius within which unrestricted travel is 
permitted and obtaining travel services through the auspices of 
the Office of Foreign Missions for travel elsewhere, and does not 
include any restrictions which unconditionally prohibit the 
members of missions of the Soviet Union in the United States 
from traveling to designated areas of the United States smd 
which are applied as a result of particular factors in relations 
between the United States and the Soviet Union. 
"(2) the term 'international organization' means an organiza-
tion described in section 209(bXl); and 
* 
"(3) the term 'personnel' includes— 
"(A) officers, employees, and any other staff member, and 
,. 
"(B) any individual who is retained under contract or 
other arrangement to serve functions similar to those of an 
officer, employee, or other staff member.". 
22 use 4316 
(b) EFFECTIVE DATE.—Subsection (a) of the section enacted by this 
note. 
section shall take effect 90 days after the date of enactment of this 
Act. 
SEC. 163. COUNTERINTELLIGENCE POLYGRAPH SCREENING OF DIPLO-
* 
MATIC SECURITY SERVICE PERSONNEL. 
(a) IMPLEMENTATION OF PROGRAM.—Under the regulations issued 
pursuant to subsection (b), the Secretary of State shall implement a 
program of counterintelligence polygraph examinations for mem-
bers of the Diplomatic Security Service (established pursuant to title 
, 
II of the Diplomatic Security Act) during fiscal years 1988 and 1989. 
(b) REGULATIONS.—The Secretary of State shall issue regulations 
to govern the program required by subsection (a). Such regulations 
shall provide that the scope of the examinations under such pro-
gram, the conduct of such examinations, and the rights of individ-
uals subject to such examinations shall be the same as those under 
the counterintelligence polygraph program conducted pursuant to 
section 1221 of the Department of Defense Authorization Act, 1986 
(Public Law 99-145). 
SEC. 164. UNITED STATES EMBASSY IN HUNGARY. 
(a) FINDINGS.—The Congress finds that— 
(1) the full implementation of the security program of a 
United States diplomatic mission to a Communist country 
cannot be accomplished if employees of that mission who are 
citizens of the host country are present in the same facilities 
where diplomatic and consular activities of a sensitive nature 
are performed; 
(2) the facilities currently housing the offices of the United 
States diplomatic mission to Hungary are totally inadequate for 
the proper conduct of United States diplomatic activities, and 
unnecessarily expose United States personnel and their activi-
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1359 
International 
agreements. 
ties to the scrutiny of the intelligence services of the Govern-
ment of Hungary; 
(3) the presence of local citizens in a facility where sensitive 
activities are performed, as well as their access to certain 
unclassified administrative information, greatly enhances the 
ability of the host government's intelligence services to restrict 
our diplomatic activities in that country; 
(4) since the United States Government owns a substantial 
amount of property in Budapest, it is in a unique position to 
build new facilities which will substantially enhance the secu-
rity of the United States diplomatic mission to Hungary; and 
(5) units such as the Navy Construction Battalion are 
uniquely qualified to construct such facilities in an eastern bloc 
country. 
(b) STATEMENT OF POLICY.—It is the sense of the Congress that— 
(1) the Department of State should proceed in a timely fashion 
to negotiate an agreement with the Government of Hungary to 
allow for the construction of new chancery facilities in Budapest 
which would totally segregate sensitive activities from those of 
an unclassified and public-oriented character; and 
(2) any such agreement should ensure that the United States 
Government will have the right to employ only American 
construction personnel and materials and will have complete 
control over access to the chancery site from the inception of 
construction. 
PART D~PERSONNEL MATTERS 
Government 
organization and 
SEC. 171. COMMISSION TO STUDY FOREIGN SERVICE PERSONNEL SYSTEM, 
employees. 
In consultation with the Committee on Foreign Relations of the 
Senate, the Committee on Foreign Affairs and the Committee on 
Post Office and Civil Service of the House of Representatives, and 
the exclusive representatives (as defined in section 1002(9) of the 
Foreign Service Act of 1980), the Secretary shall appoint a commis-
sion of five distinguished members, at least four of whom shall have 
a minimum of ten years experience in personnel management. The 
Commission shall conduct a study of the Foreign Service personnel 
system, with a view toward developing a system that provides 
adequate career stability to the members of the Service. Not more Reports. 
than 1 year after the date of enactment of this Act, the Commission 
shall transmit its report and recommendations to the Secretary of 
State, the Chairman of the Committee on Foreign Relations of the 
Senate, the Chairman of the Committee on Foreign Affairs of the 
House of Representatives, and the Chairman of the Committee on 
Post Office and Civil Service of the House of Representatives. 
SEC. 172. PROTECTION OF CIVIL SERVICE EMPLOYEES. 
22 USC 2664a. 
(a) FINDINGS.—The Congress finds that— 
(1) the effectiveness and efficiency of the Department of State 
is dependent not only on the contribution of Foreign Service 
employees but equally on the contribution of the 42 percent of 
the Department's employees who are employed under the Civil 
Service personnel system; 
(2) the contribution of these Civil Service employees has been 
overlooked in the management of the Department and greater 
equality of promotion, training, and career enhancement 
101 STAT. 1360 
PUBLIC LAW 100-204—DEC. 22, 1987 
opportunities should be accorded to the Civil Service employees 
of the Department; and 
(3) a goal of the Foreign Service Act of 1980 was to strengthen 
the contribution made by Civil Service employees of the Depart-
ment of State by creating a cadre of experienced specialists and 
managers in the Department to provide essential continuity. 
(b) EQUITABLE REDUCTION OF BUDGET.—The Secretary of State 
shall take all appropriate steps to assure that the burden of cuts in 
the budget for the Department is not imposed disproportionately or 
inequitably upon its Civil Service employees. 
(c) ESTABLISHMENT OF THE OFFICE OF THE OMBUDSMAN FOR CIVIL 
SERVICE EMPLOYEES.—There is established in the Office of the Sec-
retary of State the position of Ombudsman for Civil Service Em-
ployees. The position of Ombudsman for Civil Service Employees shall 
be a career reserved position within the Senior Executive Service. 
The Ombudsman for Civil Service Employees shall report directly to 
the Secretary of State and shall have the right to participate in all 
Management Council meetings to assure that the ability of the Civil 
Service employees to contribute to the achievement of the Depart-
ment's mandated responsibilities and the career interests of those 
employees are adequately represented. The position of Ombudsman 
for Civil Service Employees shall be designated from one of the 
Senior Executive Service positions (as defined in section 3132(a)(2) of 
title 5, United States Code) in existence on the date of enactment of 
this Act. 
(d) DEFINITION.—For purposes of this section, the term "Civil 
Service employees" means employees of the Federal Government 
except for members of the Foreign Service (as defined in section 103 
of the Foreign Service Act of 1980). 
SEC. 173. COMPENSATION FOR CERTAIN STATE DEPARTMENT OFFICIALS. 
(a) PAY LEVELS.—The State Department Basic Authorities Act of 
1956 is amended— 
22 use 2707. 
(1) in section 3503) (22 U.S.C. 2706(b)) by inserting after the 
second sentence the following new sentence: "The Coordinator 
shall be compensated at the annual rate of pay for positions 
authorized by section 5315 of title 5, United States Code."; and 
(2) in section 203(a) (22 U.S.C. 4303(a)) by inserting at the end 
"The Director shall be compensated at the annual rate of pay 
for positions authorized by section 5315 of title 5, United States 
Code.". 
22 use 2707 
O
t
>
) EFFECTIVE DATE.—The amendments made by subsection (a) 
note. 
shall take effect 30 days after the date of enactment of this Act. 
(c) BUDGET ACT.—Any new spending authority (as defined in 
section 401(c) of the Congressional Budget Act of 1974) provided by 
this section shall be effective for any fiscal year only to such extent 
or in such amounts as are provided in advance in appropriation 
Acts. 
SEC. 174. AUDIT OF MERIT PERSONNEL SYSTEM OF FOREIGN SERVICE. 
Reports. 
The Comptroller General of the United States shall conduct an 
Discrimination, 
audit and inspection of the operation of the merit personnel system 
prohibition. 
^^ ^j^g Foreign Service and report to the Congress, not later than one 
year after the date of enactment of this Act, as to any improvements 
in the merit personnel system that the Comptroller General con-
siders necessary. The report of the Comptroller General shall pay 
particular attention to reports of racial, ethnic, sexual, and other 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1361 
discriminatory practices in the recruitment, appointment, assign-
ment, and promotion of Foreign Service employees. 
SEC. 175. PERFORMANCE PAY. 
22 USC 3965 
(a) REVIEW OF PERFORMANCE PAY PROGRAMS.— 
(1) 
SUSPENSION OF AWARDS DURING REVIEW.—During 
the 
period beginning on the date of enactment of this Act, and 
ending on the date on which the Inspector General of the 
Department of State reports to the Congress pursuant to para-
graph (2), performance pay may not be awarded under section 
405 of the Foreign Service Act of 1980 (22 U.S.C. 3965) to any 
member of the Senior Foreign Service in the Department of 
State. 
(2) REVIEW BY INSPECTOR GENERAL.—The Inspector General of 
the Department of State shall conduct a complete and thorough 
review of— 
(A) the procedures in the Department of State under 
which performance pay recipients are chosen to determine 
whether the procedures and award determinations are free 
from bi£is and reflect fair standards; and 
(B) the adequacy of the criteria and the equity of the 
criteria actually applied in making those awards. 
The review should be conducted in accordance with generally 
accepted Government auditing standards. The Inspector Gen-
eral shall report the results of this review to the Secretary of 
State and to the Congress no later than May 1,1988. 
(3) REPORT BY SECRETARY OF STATE.—No later than 60 days 
after the report of the Inspector General is submitted to the 
Secretary of State under paragraph (2), the Secretary shall 
^ ^ 
submit to the Congress a report containing the comments of the 
Secretary on the report of the Inspector General and describing 
the actions taken and proposed to be taken by the Secretary as a 
result of the report. 
0)) CARRY-OVER OF SENIOR FOREIGN SERVICE PERFORMANCE PAY.— 
Section 40503) of the Foreign Service Act of 1980 (22 U.S.C. 3965(b)) is 
amended— 
(1) in paragraph (4), by inserting at the end thereof the 
following: "Any amount which is not paid to a member of the 
Senior Foreign Service during a fiscal year because of this 
limitation shall be paid to that individual in a lump sum at the 
beginning of the following fiscal year. Any amount paid under 
this authority during a fiscal year shall be taken into account 
• 
for purposes of applying the limitation in the first sentence of 
this subparagraph with respect to such fiscal year."; and 
(2) by adding at the end thereof the following: 
"(5) The Secretary of State shall prescribe regulations, 
consistent with section 5582 of title 5, United States Code, under 
which payment under this section shall be made in the case of 
any individual whose death precludes payment under para-
graph (4) of this subsection.". 
SEC. 176. EXTENSION OF LIMITED APPOINTMENTS. 
Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is 
amended— 
(1) by striking out "section 311(a)" and inserting in lieu 
thereof "subsection (b)"; 
(2) by inserting "(a)" after "LIMITED APPOINTMENTS.—"; and 
101 STAT. 1362 
PUBLIC LAW 100-204—DEC. 22, 1987 
(3) by adding at the end the following new subsection: 
"(b) A limited appointment may be extended for continued 
service— 
"(1) as a consular agent; 
"(2) in accordance with section 311(a); 
< ? 
"(3) as a career candidate, if continued service is determined 
appropriate to remedy a matter that would be cognizable as a 
grievance under chapter 11; and 
"(4) as a career employee in another Federal personnel 
system serving in a Foreign Service position on detail from 
another agency.". 
SEC. 177. CHIEF OF MISSIONS SALARY. 
(a) LIMITATION ON COMPENSATION.—Section 401(a) of the Foreign 
Service Act of 1980 (22 U.S.C. 3961(a)) is amended— 
(1) by striking out "Except as provided in section 302(b), each" 
and inserting in lieu thereof "Each"; and 
(2) by striking out the period at the end thereof and inserting 
in lieu thereof ", except that the total compensation, exclusive 
of danger pay, for any chief of mission shall not exceed the 
annual rate payable for level II of such Executive Schedule. 
03) SALARY.—Section 302(b) of such Act (22 U.S.C. 39420))) is 
amended by striking out "may elect to continue to receive" and all 
that follows and inserting in lieu thereof "shall receive the salary 
and leave (if any) of the position to which the member is appointed 
by the President and shall not be eligible for performance pay under 
chapter 4 of this Act.". 
22 use 3942 
(c) EFFECTIVE DATE.—The amendments made by subsections (a) 
note. 
and 0>) shall not apply to the salary of any individual serving under 
a Presidential appointment under section 302 of the Foreign Service 
Act of 1980 immediately before the date of the enactment of this 
Act during the period such individual continues to serve in such 
position. 
SEC. 
1
7
8
. 
PAY 
LEVEL 
OF 
AMBASSADORS 
AT 
LARGE. 
(a) COMPENSATION.—Chapter 53 of title 5 of the United States 
Code is amended— 
(1) in section 5313, by striking out "Ambassadors at Large."; 
and 
(2) in section 5315, by adding at the end thereof the following: 
"Ambassadors at Large.". 
22 use 5313 
(b) EFFECTIVE DATE AND LIMITATION.—The amendments made by 
note. 
subsection (a) shall take effect 30 days after the date of enactment of 
this Act and shall not affect the salary of any individual holding the 
rank of Ambassador at Large immediately before the date of enact-
ment of this Act during the period such individual continues to 
serve in such position. 
SEC. 
1
7
9
. 
FOREIGN 
SERVICE 
CAREER 
CANDIDATES 
TAX 
TREATMENT. 
District of 
(a) REPRESENTATION T
O TAX AUTHORITIES.—Section 301(d)(3) of the 
Columbia. 
Foreign Service Act of 1980 (22 U.S.C. 3941(d)(3)) is amended by 
adding at the end thereof "Foreign Service employees serving as 
career candidates or career members of the Service shall not rep-
resent to the income tax authorities of the District of Columbia or 
any other State or locality that they are exempt from income 
taxation on the basis of holding a Presidential appointment subject 
to Senate confirmation or that they are exempt on the basis of 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1363 
serving in an appointment whose tenure is at the pleasure of the 
President.". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 22 use 3941 
shall apply with respect to tax years beginning after December 31, note 
1987. 
SEC. 180. PROHIBITION ON MEMBER OF A FOREIGN SERVICE UNION 
Labor disputes. 
NEGOTIATING ON BEHALF OF THE DEPARTMENT OF STATE. 
It is the sense of Congress that the Secretary of State should take 
steps to assure that in labor-management negotiations between the 
Department of State and the exclusive representative of the Foreign 
Service employees of the Department, those who direct and conduct 
negotiations on behalf of management are not also beneficiaries of 
the agreements made with the exclusive representative. 
SEC. 181. CLARIFICATION OF JURISDICTION OF FOREIGN SERVICE 
GRIEVANCE BOARD. 
(a) BOARD DECISIONS.—Section 1107(d) of the Foreign Service Act 
of 1980 (22 U.S.C. 4137(d)) is amended— 
(1) by inserting "(D" after "(d)"; and 
(2) by adding at the end the following: 
"(2) A recommendation under paragraph (1) shall, for purposes of 
section 1110 of this Act, be considered a final action upon the 
expiration of the 30-day period referred to in such paragraph, except 
to the extent that it is rejected by the Secretary by an appropriate 
written decision. 
"(3XA) If the Secretary makes a written decision under paragraph 
(1) rejecting a recommendation in whole or in part on the basis of a 
determination that implementing such recommendation would be 
contrary to law, the Secretary shall, within the 30-day period re-
ferred to in such paragraph— 
"(i) submit a copy of such decision to the Board; and 
"(ii) request that the Board reconsider its recommendation or, 
if less than the entirety is rejected, that the Board reconsider 
the portion rejected. 
"(B)(i) Within 30 days after receiving a request under subpara-
graph (A), the Board shall, after reviewing the Secretary's decision, 
make a recommendation to the Secretary either confirming, modify-
ing, or vacating its original recommendation or, if less than the 
v >ff 
entirety was rejected, the portion involved. 
"(ii) Reconsideration under this subparagraph shall be limited to 
the question of whether implementing the Board's original rec-
ommendation, either in whole or in part, as applicable, would be 
contrary to law. 
"(C) A recommendation made under subparagraph (B) shall be 
considered a final action for purposes of section 1110 of this Act, and 
shall be implemented by the Secretary.". 
(h) BOARD RECOMMENDATIONS.—'The first sentence of section 
1107(dXl) of such Act (as amended by subsection (a) of this section) is 
amended by inserting ", tenure" immediately after "relates directly 
to promotion". 
(c) CAREER APPOINTMENTS.—Section 306 of such Act (22 U.S.C. 
3946) is amended by adding at the end thereof the following new 
subsection: 
"(c) Nothing in this section shall be construed to limit the author-
ity of the Secretary or the Foreign Service Grievance Board under 
section 1107 of this Act.". 
91-194 O - 90 - 3 : QL.3 Part 3 
101 STAT. 1364 
PUBLIC LAW 100-204—DEC. 22, 1987 
(d) SEPARATION FOR CAUSE.—Section 610(aX2) of such Act (22 
U.S.C. 4010(aX2)) is amended by adding after the first sentence the 
_. f . ,, . 
following new sentence: "If such cause is not established at such 
hearing, the Grievance Board shall have the authority to direct the 
Department to pay reasonable attorneys fees to the extent and in 
the manner provided by section 1107(bX5) of this Act.". 
22 use 3946 
(e) APPUCATION.—The amendments made by this section shall not 
note. 
apply with respect to any grievance in which the Board has issued a 
final decision pursuant to section 1107 of the Foreign Service Act of 
1980 (22 U.S.C. 4137) before the date of enactment of this Act. 
SEC. 182. RECORD OF GRIEVANCES AWARDED. 
Section 1107 of the Foreign Service Act of 1980 (22 U.S.C. 4137) is 
hereby amended by adding the following new subsection: 
"(eXD The Board shall maintain records of all grievances awarded 
in favor of the grievant in which the grievance concerns gross 
misconduct by a supervisor. Subject to paragraph (2), the Committee 
on Foreign Relations of the Senate shall be provided with a copy of 
the grievance decision whenever such a supervisor is nominated for 
any position requiring the advice and consent of the Senate and the 
Board shall provide access to the entire record of any proceedings of 
the Board concerning such a grievEuice decision to any Member of 
the Committee on Foreign Relations upon a request by the Chair-
man or Ranking Minority Member of such committee. 
Classified 
"(2XA) Except as provided in subparagraph (B), all decisions, 
information. 
proceedings, and other records disclosed pursuant to paragraph (1) 
shall be treated as confidentisd and may be disclosed only to 
Committee members and appropriate staff. 
"(B) Whenever material is provided to the Committee or a 
Member thereof pursuant to paragraph (1), the Board shall, at the 
same time, provide a copy of all such material to the supervisor who 
is the subject of such material. 
"(C) A supervisor who is the subject of records disclosed to the 
committee pursuant to this subsection shall have the right to review 
such record and provide comments to the Committee concerning 
such record. Such comments shall be treated in a confidential 
manner.". 
22 use 3922a 
SEC. 183. WOMEN AND MINORITIES IN THE FOREIGN SERVICE. 
"° • 
(a) FINDINGS.—The Congress finds that the Department of State 
and other Foreign Service agencies have not been successful in their 
efforts— 
(1) to recruit and retain members of minority groups in order 
to increase significantly the number of members of minority 
.^ groups in the Foreign Service; and 
C, 
(2) to provide adequate career advancement for women and 
members of minority groups in order to incre£ise significantly 
the numbers of women and members of minority groups in the 
senior levels of the Foreign Service. 
(b) A MORE REPRESENTATIVE FOREIGN SERVICE.—The Secretary of 
State and the head of each of the other agencies utilizing the 
Foreign Service personnel system— 
(1) shall substantially increase their efforts to implement 
effectively the plans required by section 152(a) of the Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987, so that 
"^ the Foreign Service becomes truly representative of the Amer-
*
^
^ ican people throughout all levels of the Foreign Service; and 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1365 
(2) shall ensure that those plans effectively address the need 
to promote increased numbers of qualified women and members 
of minority groups into the senior levels of the Foreign Service. 
(c) DEPARTMENT OF STATE HIRING PRACTICES OF MINORITIES AND Reports. 
WOMEN.—The Secretary of State shall include annually as part of 
the report required to be submitted pursuant to section 105(d)(2) of 
the Foreign Service Act of 1980— 
(1) a report on the progress made at the Assistant Secretary 
and Bureau level of the Department of State in increasing the 
presence of minorities and women at all levels in the Foreign 
Service and Civil Service workforces of the Department of State, 
and 
(2) the specific actions taken to address the lack of Hispanic 
Minorities. 
Americans, Asian Americans, and Native Americans in the 
Senior Executive Service and Senior Foreign Service of the 
Department of State. 
SEC. 184. COMPLIANCE WITH LAW REQUIRING REPORTS TO CONGRESS. 
(a) COMPLIANCE WITH PRIOR REQUEST.—Within 90 days after the Reports. 
date of enactment of this Act, the Secretary of State shall submit to 
the chairmen and ranking members of the Committee on Foreign 
Relations and the Committee on Governmental Affairs of the 
Senate, and the Committee on Foreign Affairs, the Committee on 
Post Office and Civil Service, and the Committee on Government 
Operations of the House of Representatives, a report complying with 
the 1984 request of the Senate Committee on Governmental Affairs 
for a listing and description of all policy and supporting positions in 
the Department of State and related agencies. The report shall 
include an unclassified tabulation, as of the 1984 request, of the 
following: 
(1) All Foreign Service officer positions then occupied by 
noncareer appointees. 
(2) All positions in the Senior Foreign Service subject to 
noncareer appointment. 
(3) The name of the incumbent; location; type; level, grade, or 
salary; tenure; and expiration (if any) of each position. 
(b) COMPLIANCE WITH FUTURE REQUESTS.—Whenever the Com-
mittee on Governmental Affairs of the Senate or the Committee on 
Post Office and Civil Service of the House of Representatives re-
quests information from the Secretary of State for inclusion in the 
publication "U.S. Government Policy and Supporting Positions", the 
Secretary shall provide such information in a timely manner. 
SEC. 185. CHANGES IN REPORTING REQUIREMENTS. 
(a) REPORT ON PERSONNEL ACTIONS IN THE FOREIGN SERVICE.— 
Section 105(d)(2) of the Foreign Service Act of 1980 (22 U.S.C 
3905(d)(2)) is amended to read as follows: 
"(2) The Secretary shall transmit, to the Chairman of the Com- Minorities. 
mittee on Foreign Relations of 
the Senate and the Speaker of the House 
of Representatives, the Department's reports on its equal employment 
opportunity and affirmative action programs and its minority recruit-
ment programs, which reports are required by law, regulation, or 
directive to be submitted to the Equal Employment Opportunity 
Commission (EEOC) or the Office of Personnel Management (0PM). 
Each such report shall be transmitted to the Congress at least once 
annually, and shall be received by the Congress not later 
101 STAT. 1366 
PUBLIC LAW 100-204—DEC. 22, 1987 
than 30 days after its original submission to the Equal Employment 
Opportunity Commission or the Office of Personnel Maneigement.". 
(b) REPORT ON USE OF FOREIGN SERVICE PERSONNEL BY FEDERAL 
AGENCIES.—Section 601(c) of such Act (22 U.S.C. 4001(c)) is amended 
by adding at the end thereof the following new paragraph: 
"(4) Not later than March 1 of each year, the Secretary of State 
shall submit a report to the Speaker of the House of Representatives 
and to the Committee on Foreign Relations of the Senate which 
shall— 
"(A) describe the steps taken and planned in furtherance of— 
"(i) maximum compatibility among agencies utilizing the 
Foreign Service personnel system, as provided for in section 
^•" 
^ r; 
203, and 
"(ii) the development of uniform policies and procedures 
^ ' ' * and consolidated personnel functions, as provided for in 
section 204; 
"(B) specify the upper and lower limits planned by each such 
,, 
agency for recruitment, advancement, and retention of mem-
bers of the Service, as provided for in section 601(cX2), including, 
with respect to each of the relevant promotion competition 
groups, the projected ranges of rates of appointment, promotion, 
and attrition over each of the next 5 fiscal years, £is well as a 
comparison of such projections with the projections for the 
preceding year and with actual rates of appointment, pro-
motion, and attrition, including a full explanation of any devi-
ations from projections reported in the preceding year; and 
"(C) specify the numbers of members of the Service who are 
" assigned to positions classified under section 501 which are 
more than one grade higher or lower than the personal rank of 
the member.". 
(c) REPEALS.—(1) Section 703(f) of the Foreign Service Act of 1980 
(22 U.S.C. 4023(0) is repealed. 
(2) Sections 2402 (a) and (b) of the Foreign Service Act of 1980 are 
22 use 4173. 
repealed, and section 2402(c) of such Act is amended by striking out 
"this section" and inserting in lieu thereof "section 601(cX4)". 
(3) Section 152(c) of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987 (22 U.S.C. 3922a(c)) is repealed. 
SEC. 186. DISPOSITION OF PERSONAL PROPERTY ABROAD. 
(a) AMENDMENT TO STATE DEPARTMENT BASIC AUTHORITIES ACT OF 
1956.—The State Department Basic Authorities Act of 1956 (Public 
Law 84-885; 22 U.S.C. 2269 et seq.) is amended by adding at the end 
thereof the following new title: 
"TITLE III—DISPOSITION OF PERSONAL 
, , , 
PROPERTY ABROAD 
22 use 4341. 
"SEC. 301. DEFINITIONS. 
"For purposes of this title, the following terms have the following 
meanings: 
"(1) The term 'employee' means an individual who is under 
the jurisdiction of a chief of mission to a foreign country (as 
provided under section 207 of the Foreign Service Act of 1980 
(22 U.S.C. 3927)) and who is— 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1367 
"(A) an employee as defined by section 2105 of title 5, 
United States Code; 
"(B) an officer or employee of the United States Postal 
Service or of the Postal Rate Commission; 
"(C) a member of a uniformed service who is not under 
the command of an area military commander; or 
"(D) an expert or consultant as authorized pursuant to 
section 3109 of title 5, United States Code, with the United 
States or any agency, department, or establishment thereof; 
but is not a national or permanent resident of the foreign 
country in which employed. 
"(2) The term 'contractor' means— 
"(A) an individual employed by personal services contract 
pursuant to section 2(c) of this Act (22 U.S.C. 2669(c)), 
section 636(a)(3) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2396(a)(3)), or pursuant to other similar authority, 
including, in the case of an organization performing serv-
ices under such authority, an individual involved in the 
performance of such services; and 
"(B) such other individuals or firms providing goods or 
services by contract as are designated by regulations issued 
pursuant to section 303; 
but does not include a contractor with or under the supervision 
of an area military commander. 
"(3) The term 'charitable contribution' means a contribution 
J?-
or gift as defined in section 170(c) of the Internal Revenue Code 
of 1986, or other similar contribution or gift to a bona fide 
charitable foreign entity as determined pursuant to regulations 
or policies issued pursuant to section 303. 
"(4) The term chief of mission' has the meaning given such 
term by section 102(3) of the Foreign Service Act of 1980 (22 
U.S.C. 2902(3)). 
"(5) The term 'foreign country' means any country or terri-
tory, excluding the United States, the Commonwealth of Puerto 
Rico, the Commonwealth of the Northern Mariana Islands, the 
Trust Territory of the Pacific Islands, American Samoa, Guam, 
the Virgin Islands, and other territories or possessions of the 
United States. 
"(6) The term 'personal property' means any item of personal 
property, including automobiles, computers, boats, audio and 
video equipment, and any other items acquired for personal use, 
but excluding items of minimal value as determined by regula-
tion or policy issued pursuant to section 303. 
"(7) The term 'profit' means any proceeds (including cash and 
other valuable consideration but not including amounts of such 
proceeds given as charitable contributions) for the sale, disposi-
tion, or assignment of personal property in excess of the basis 
for such property. For purposes of this title, basis shall include 
initial price, inland and overseas transportation costs (if not 
reimbursed by the United States Government), shipping insur-
ance, taxes, customs fees, duties or other charges, and capital 
improvements, but shall not include insurance on an item while 
in use, or maintenance and related costs. For purposes of 
computing profit, proceeds and costs shall be valued in United 
States dollars at the time of receipt or payment, at a rate of 
exchange as determined by regulation or policy issued pursuant 
to section 303. 
101 STAT. 1368 
PUBLIC LAW 100-204—DEC. 22, 1987 
22 use 4342. 
"SEC. 302. LIMITATIONS ON DISPOSITION OF PERSONAL PROPERTY. 
"(a) GENERAL RULE.—Except as authorized under subsection (b), 
employees or members of their family shall not sell, assign, or 
otherwise dispose of personal property within a foreign country 
which was imported into or purchsised within that foreign country 
and which, by virtue of the official status of the employee, was 
exempt from import limitation, customs duties, or taxes which 
would otherwise apply. 
"(b) APPROVAL BY CHIEF OF MISSION.—The chief of mission to a 
foreign country, or a designee of such chief of mission, is authorized 
to approve within that foreign country sales, assignment, or other 
dispositions of property by employees under the chief of mission's 
jurisdiction (as described in section 207 of the Foreign Service Act of 
1980 (22 U.S.C. 3927)) to the extent that such sale, assignment, or 
other disposition is in accordance with regulations and policies, 
rules, and procedures issued pursuant to section 303. 
"(c) VIOLATION.—Violation of this section, or other importation, 
sale, or other disposition of personal property within a foreign 
country which violates its laws or regulations or governing inter-
national law and is prohibited by regulations and policies, rules, and 
procedures issued pursuant to section 303, shall be grounds for 
disciplinary action against an employee. 
22 use 4343. 
"SEC. 303. REGULATIONS. 
"(a) ISSUANCE; PURPOSE.—The Secretary of State may issue regula-
tions to carry out the purposes of this title. The primary purpose of 
such regulations and related policies, rules, and procedures shall be 
to assure that employees and members of their families do not profit 
personally from sales or other transactions with persons who are not 
themselves entitled to exemption from import restrictions, duties, or 
taxes. 
"(b) CONTRACTORS.—Such regulations shall require that, to the 
extent contractors enjoy importation or tax privileges in a foreign 
country because of their contractual relationship to the United 
States Government, after the effective date of this title contracting 
agencies shall include provisions in their contracts to carry out the 
purpose of this title. 
"(c) CHIEF OF MISSION.—In order to ensure that due account is 
taken of local conditions, including applicable laws, markets, ex-
change rate factors, and accommodation exchange facilities, such 
regulations may authorize the chief of mission to each foreign 
country to establish more detailed policies, rules, or procedures for 
the application of this title within that country to employees under 
the chief of mission's jurisdiction.". 
22 use 4341 
(b) EFFECTIVE DATE.—This section shall take effect 180 days after 
note. 
the date of enactment of this Act. 
SEC. 187. AUTHORITIES FOR SERVICE OF FASCELL FELLOWS. 
Section 1005(b) of the Fascell Fellowship Act (22 U.S.C. 49040))) is 
amended to read as follows: 
"(b) AUTHORITIES.—Fellows may be employed— 
"(1) under a temporary appointment in the civil service; 
"(2) under a limited appointment in the Foreign Service; or 
J*' 
"(3) by contract under the provisions of section 2(c) of the 
State Department Basic Authorities Act of 1956.". 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1369 
SEC. 188. BENEFITS FOR CERTAIN FORMER SPOUSES OF MEMBERS OF 
THE FOREIGN SERVICE. 
(a) IN GENERAL.—Subchapter I of Chapter 8 of the Foreign Service 
Act of 1980 (22 U.S.C. 3901 et seq.) is amended by inserting after 
section 829 (22 U.S.C. 4069) the following: 
"SEC. 830. RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES. 
22 USC 4069a. 
"(a) Any individual who was a former spouse of a participant or 
former participant on February 14, 1981, shall be entitled, to the 
extent or in such amounts as are provided in advance in appropria-
tions Acts, and except to the extent such former spouse is disquali-
fied under subsection Ot)), to benefits— 
"(1) if married to the participant throughout the creditable 
service of the participant, equal to 50 percent of the benefits of 
the participant; or 
"(2) if not married to the participant throughout such cred-
itable service, equal to that former spouse's pro rata share of 50 
. .| ;:,» 
percent of such benefits. 
"(b) A former spouse shall not be entitled to benefits under this 
section if— 
"(1) the former spouse remarries before age 55; or 
"(2) the former spouse was not married to the participant at 
least 10 years during service of the participant which is cred-
itable under this chapter with at least 5 years occurring while 
the participant w£us a member of the Foreign Service. 
"(cXD The entitlement of a former spouse to benefits under this 
section— 
"(A) shall commence on the later of— 
"(i) the day the participant upon whose service the bene-
fits are based becomes entitled to benefits under this chap-
ter; or 
"(ii) the first day of the month in which the divorce or 
annulment involved becomes final; and 
"(B) shall terminate on the earlier of— 
"(i) the last day of the month before the former spouse 
dies or remarries before 55 years of age; or 
"(ii) the date the benefits of the participant terminates. 
"(2) Notwithstanding paragraph (1), in the case of any former 
spouse of a disability annuitant— 
"(A) the benefits of the former spouse shall commence on the 
date the participant would qualify on the basis of his or her 
creditable service for benefits under this chapter (other than a 
disability annuity) or the date the disability annuity begins, 
whichever is later, and 
"(B) the amount of benefits of the former spouse shall be 
calculated on the basis of benefits for which the participant 
would otherwise so qualify. 
"(3) Benefits under this section shall be treated the same as an 
annuity under section 814(aX7) for purposes of section 806(h) or any 
comparable provision of law. 
"(4XA) Benefits under this section shall not be payable unless 
Regulations. 
appropriate written application is provided to the Secretary, com-
plete with any supporting documentation which the Secretary may 
by regulation require, within 30 months after the effective date of 
this section. The Secretary may waive the 30-month application 
requirement under this subparagraph in any case in which the 
Secretary determines that the circumstances so warrant. 
101 STAT. 1370 
PUBLIC LAW 100-204—DEC. 22, 1987 
"(B) Upon approval of an application provided under subpara-
graph (A), the appropriate benefits shall be payable to the former 
spouse with respect to all periods before such approval during which 
the former spouse was entitled to such benefits under this section, 
but in no event shall benefits be payable under this section with 
respect to any period before the effective date of this section. 
• « )£') Si 
"(d) For the purposes of this section, the term 'benefits' means— 
"(1) with respect to a participant or former participant subject 
to this subchapter, the annuity of the participant or former 
participant; and 
"(2) with respect to a participant or former participant subject 
to subchapter II, the benefits of the participant or former 
participant under that subchapter. 
"(e) Nothing in this section shall be construed to impair, reduce, 
or otherwise affect the annuity or the entitlement to an annuity of a 
participant or former participant under this chapter. 
22 use 4069b. 
"SEC. 831. SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES. 
"(a) Any individual who was a former spouse of a participant or 
former participant on February 14, 1981, shall be entitled, to the 
extent or in such amounts as are provided in advance in appropria-
tions Acts, and except to the extent such former spouse is disquali-
fied under subsection (b), to a survivor annuity equal to 55 percent of 
the greater o
f
— 
"(1) the full amount of the participant's or former partici-
^,. pant's annuity, as computed under this chapter; or 
"(2) the full amount of what such annuity as so computed 
would be if the participant or former participant had not with-
. drawn a lump-sum portion of contributions made with respect 
to such annuity. 
"(b) If an election has been made with respect to such former 
spouse under section 2109 or 806(f), then the survivor annuity under 
subsection (a) of such former spouse shall be equal to the full 
amount of the participant's or former participant's annuity referred 
to in subsection (a) less the amount of such election. 
"(c) A former spouse shall not be entitled to a survivor annuity 
under this section if— 
"(1) the former spouse remarries before age 55; or 
"(2) the former spouse was not married to the participant at 
least 10 years during service of the participant which is cred-
itable under this chapter with at least 5 years occurring while 
the participant was a member of the Foreign Service. 
"(d)(1) The entitlement of a former spouse to a survivor annuity 
under this section— 
"(A) shall commence— 
^., 
"(i) in the case of a former spouse of a participant or 
former participant who is deceased as of the effective date 
of this section, beginning on such date; and 
,
,
r 
"(ii) in the case of any other former spouse, beginning on 
the later o
f
— 
,'r " v.-^../. !. ':ii' 
"(1) the date that the participant or former partici-
pant to whom the former spouse was married dies; or 
"(II) the effective date of this section; and 
"(B) shall terminate on the last day of the month before the 
former spouse's death or remarriage before attaining the age 55. 
"(2)(A) A survivor annuity under this section shall not be payable 
unless appropriate written application is provided to the Secretary, 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1371 
complete with any supporting documentation which the Secretary 
may by regulation require, within 30 months after the effective date 
of this section. The Secretary may waive the 30-month application 
requirement under this subparagraph in any case in which the 
Secretary determines that the circumstances so warrant. 
"(B) Upon approval of an application provided under subpara- 
n 
,,. 
graph (A), the appropriate survivor annuity shall be payable to the 
former spouse with respect to all periods before such approval 
during which the former spouse was entitled to such annuity under 
this section, but in no event shall a survivor annuity be payable 
under this section with respect to any period before the effective 
date of this section. 
"(e) The Secretary shall— 
"(1) as soon as possible, but not later than 60 days after the 
Regulations, 
effective date of this section, issue such regulations as may be 
necessary to carry out this section; and 
"(2) to the extent practicable, and as soon £is possible, inform 
each individual who was a former spouse of a participant or 
former participant on February 14, 1981, of any rights which 
such individual may have under this section. 
"(f) Nothing in this section shall be construed to impair, reduce, or 
otherwise affect the annuity or the entitlement to an annuity of a 
participant or former participant under this chapter. 
"SEC. 832. HEALTH BENEFITS FOR CERTAIN FORMER SPOUSES. 
22 USC 4069c. 
"(a) Except as provided in subsection (c)(1), any individual— 
"(1) formerly married to an employee or former employee of 
the Foreign Service, whose marriage was dissolved by divorce or 
annulment before May 7,1985; 
"(2) who, at any time during the 18-month period before the 
divorce or annulment became final, was covered under a health 
benefits plan as a member of the family of such employee or 
former employee; and 
"(3) who was married to such employee for not less than 10 
years during periods of government service by such employee, is 
eligible for coverage under a health benefits plan in accordance 
with the provisions of this section. 
"(b)(1) Any individual eligible for coverage under subsection (a) Regulations. 
may enroll in a health benefits plan for self alone or for self and 
family if, before the expiration of the 6-month period beginning on 
the effective date of this section, and in accordance with such 
procedures as the Director of the Office of Personnel Management 
shall by regulation prescribe, such individual— 
"(A) files an election for such enrollment; and 
"(B) arranges to pay currently into the Employees Health 
Benefits Fund under section 8909 of title 5, United States Code, 
an amount equal to the sum of the employee and agency 
contributions payable in the case of an employee enrolled under 
chapter 89 of such title in the same health benefits plan and 
with the same level of benefits. 
"(2) The Secretary shall, as soon as possible, take all steps prac-
ticable— 
"(A) to determine the identity and current address of each 
former spouse eligible for coverage under subsection (a); and 
"(B) to notify each such former spouse of that individual's 
rights under this section. 
liBUJiS^..; 
'li 
101 STAT. 1372 
PUBLIC LAW 100-204—DEC. 22, 1987 
"(3) The Secretary shall waive the 6-month limitation set forth in 
paragraph (1) in any case in which the Secretary determines that 
the circumstances so warrant. 
"(cXD Any former spouse who remarries before age 55 is not 
eligible to make an election under subsection (bXD. 
Regulations. 
"(2) Any former spouse enrolled in a health benefits plan pursu-
ant to an election under subsection OJXD may continue the enroll-
ment under the conditions of eligibility which the Director of the 
Office of Personnel Management shall by regulation prescribe, 
except that any former spouse who remarries before age 55 shall not 
be eligible for continued enrollment under this section after the end 
of the 31-day period beginning on the date of remarriage. 
"(d) No individual may be covered by a health benefits plan under 
this section during any period in which such individual is enrolled 
in a health benefits plan under any other authority, nor may any 
individual be covered under more than one enrollment under this 
section. 
"(e) For purposes of this section the term 'health benefits plan' 
means an approved health benefits plan under chapter 89 of title 5, 
United States Code.". 
(b) CONFORMING AMENDMENT.—The table of contents in section 2 
of the Foreign Service Act of 1980 is amended by inserting after the 
item relating to section 829 the following: 
"Sec. 830. Retirement benefits for certain former spouses. 
. 
. .; 
"Sec. 831. Survivor benefits for certain former spouses. 
"Sec. 832. Health benefits for certain former spouses.". 
TITLE II—THE UNITED STATES 
INFORMATION AGENCY 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF FUNDS. 
There are authorized to be appropriated to the United States 
Information Agency the following amounts to carry out inter-
national information activities under the United States Information 
and Educational Exchange Act of 1948, Reorganization Plan 
Number 2 of 1977, and other purposes authorized by law: 
(1) For "Salaries and Expenses", $369,455,000 for the fiscal 
, 
year 1988 and $376,845,000 for the fiscal year 1989; 
(2) For "Television and Film Service", $30,391,000 for the 
', fiscal year 1988 and $30,999,000 for the fiscal year 1989; and 
(3) For "East-West Center", $20,000,000 for the fiscal year 
1988 and $20,400,000 for the fiscal year 1989. 
SEC. 202. FUNDS APPROPRIATED FOR THE UNITED STATES INFORMATION 
AGENCY. 
(a) 
NOTIFICATION REQUIREMENT BEFORE AWARDING PROGRAM 
GRANTS.—Section 705(b) of the United States Information and Edu-
cational Exchange Act of 1948 (22 U.S.C. 1477c) is amended by 
striking out "for the fiscal years 1986 and 1987". 
(b) PROHIBITION ON CERTAIN REPROGRAMMING.—Section 705 of the 
United States Information and Educational Exchange Act of 1948 
(22 U.S.C. 1477c) is amended by adding at the end the following: 
"(c) Funds appropriated for the United States Information Agency 
may not be available for obligation or expenditure through any 
reprogramming described in subsection (a) during the period which 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1373 
is the last 15 days in which such funds are available unless notice of 
such reprogramming is made before such period.". 
SEC. 203. RECEIPTS FROM ENGLISH-TEACHING AND LIBRARY PROGRAMS. 
Section 810 of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1475e) is amended to read as 
follows: 
"SEC. 810. Notwithstanding the provisions of section 8302(b) of 
title 31, United States Code, or any other law or limitation of 
authority, all payments received by or for the use of the United 
States Information Agency from or in connection with English-
teaching and library services conducted by or on behalf of the 
Agency under the authority of this Act or the Mutual Educational 
and Cultural Exchange Act of 1961 may be credited to the Agency's 
applicable appropriation to such extent as may be provided in 
advance in an appropriation Act.". 
SEC. 204. USIA POSTS AND PERSONNEL OVERSEAS. 
22 USC 1461 
(a) PROHIBITION.—No funds authorized to be appropriated by this 
Act or any other Act may be used to pay any expense associated 
with the closing of any United States Information Agency post 
abroad. No funds authorized to be appropriated by this Act shall be 
used to pay for any expense associated with the Bureau of Manage-
ment or with the television and film service of the United States 
Information Agency if a United States Information Agency post 
abroad is closed after April 1, 1987, and not reopened within 180 
days of the date of enactment of this Act. 
(b) LIMITATION ON REDUCTION OF POSITIONS.—Reductions shall not 
be made in the number of positions filled by American employees of 
the United States Information Agency stationed abroad until the 
number of such employees is the same percentage of the total 
number of American employees of the Agency as the number of 
, 
r 
American employees of the Agency stationed abroad in 1981 was to 
the total number of American employees of the Agency at the same 
time in 1981. 
(c) WAIVER.—Subsections (a) and (h) shall not apply to any United 
** 
States Information Agency post closed— 
(1) after January 1, 1987, and before the date of enactment of 
this Act if the host government will not allow that post to be 
reopened; 
(2) because of a break or downgrading of diplomatic relations 
between the United States and the country in which the post is 
located; 
(3) where there is a real and present threat to American 
diplomats in the city where the post is located and where a 
travel advisory warning against American travel to the city has 
been issued by the Department of State; or 
(4) when the post is closed so as to provide funds to open a new 
post, staffed by at least one full-time foreign service officer, and 
where the Director of the United States Information Agency 
reports to the Committee on Foreign Relations of the Senate 
and the Committee on Foreign Affairs of the House of Rep-
resentatives that— 
(A) the new post is a higher priority than the post pro-
posed to be closed; and 
(B) the total number of United States Information 
Agency posts abroad staffed by full-time Foreign Service 
101 STAT. 1374 
PUBLIC LAW 100-204—DEC. 22, 1987 
Reports. 
Communications 
and tele-
communications. 
22 u s e 1463 
note. 
employees of the Agency is not less than the number of 
such posts in existence on April 1,1987. 
(d) SEQUESTRATION.—In the case that a sequestration order is 
issued pursuant to Part C of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 901 et seq.; Public Law 99-177), 
the Director of the United States Information Agency may, as part 
of an agency wide austerity proposal, submit a report proposing a 
list of United States Information Agency posts to be downgraded or 
closed in order to comply with the sequestration order, together with 
a justification for the inclusion of each post on such list. Such report 
shall be submitted to the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate and the Committee on 
Foreign Affairs and the Committee on Appropriations of the House 
of Representatives. 
SEC. 205. FORTY-YEAR LEASING AUTHORITY. 
Section 801(3) of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1471(3)) is amended by striking out 
"twenty-five" and inserting in lieu thereof "forty". 
SEC. 206. UNITED STATES INFORMATION AGENCY PROGRAMMING ON 
AFGHANISTAN. 
(a) 
THE AFGHANISTAN COUNTRY PLAN.—The Director of 
the 
United States Information Agency shall implement a formal, com-
prehensive country plan on Afghanistan based on the guidelines set 
forth in the United States Information Agency country plan instruc-
tions for fiscal year 1988. 
O
t
>
) REPORT TO CONGRESS.—Not later than 60 days after the date of 
the enactment of this Act, the Director of the United States 
Information Agency shall provide Congress in writing with the 
proposed comprehensive Afghanistan country plan. 
SEC. 207. TELEVISION SERVICE OF THE UNITED STATES INFORMATION 
AGENCY. 
The television and film service of the United States Information 
Agency, including Worldnet broadcasts, shall operate under the 
same criteria and conditions as are specified for the Voice of Amer-
ica by section 503 of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1463). 
SEC. 208. LIMITATION ON WORLDNET FUNDING. 
Funds may not be reprogrammed in fiscal years 1988 and 1989 
from any program, project, or activity for Worldnet. Funds may not 
be transferred in fiscal years 1988 and 1989 from any other account 
for Worldnet. 
SEC. 209. AUDIENCE SURVEY OF WORLDNET PROGRAM. 
(a) EARMARK.—Of the funds authorized to be appropriated for 
USIA's Worldnet Program by section 201(2), not less than $500,000 
for the fiscal year 1988 shall be available only for the purpose of 
conducting a market survey in Europe of USIA's Worldnet program-
ming. 
(b) QUALIFICATIONS OF SURVEYOR.—Such survey shall be conducted 
by a television market survey company which has a long established 
reputation for objective estimates of television audience size and 
which has not less than 15 years of substantial experience in 
estimating audience size. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1375 
(c) REPORT.—Not later than 9 months after the date of enactment 
of this Act, the Director of the United States Information Agency 
shall submit a report to the Chairman of the Committee on Foreign 
Relations of the Senate and the Chairman of the House Committee 
on Foreign Affairs containing— 
(1) the best estimate by the company performing the audience 
survey of the number of persons in Europe who watch, on a 
daily basis, the passive (noninteractive) shows of USIA's 
Worldnet Program. Such estimate shall include the number of 
persons who watch a part of the daily passive (noninteractive) 
shows of USIA's Worldnet Program and the number of persons 
who watch such programs in their entirety; 
(2) a description of the demographic composition and nation-
ality of the persons watching such programs; and 
(3) the entire report prepared by the company conducting the 
survey. 
(d) NOTIFICATION OF SELECTED SURVEYOR.—At least 30 days prior 
to the approval by the Director of the United States Information 
Agency of a contract with a company conducting the survey re-
quired by this section, the Director shall provide the Chairman of 
the Senate Committee on Foreign Relations and the Chairman of 
the House Foreign Affairs Committee of the name of the company 
selected to conduct the survey together with a copy of the proposed 
contract. 
(e) LIMITATION.—No funds authorized to be appropriated to the 
United States Information Agency shall be expended after Octo-
ber 
1, 1988, on the 
production 
or 
acquisition 
of 
passive 
(noninteractive) programs for USIA's Worldnet television service 
unless— 
(1) the survey required by this section has been completed in 
the manner described by this section; 
(2) the report required by this section, along with a copy of the 
survey results, has been submitted to the Chairman of the 
Committee on Foreign Relations of the Senate and the Chair-
man of the Committee on Foreign Affairs of the House of 
Representatives; and 
(3) the survey shows with a high degree of reliability that 
the 
average 
daily 
European 
audience 
for 
the 
passive 
(noninteractive) programs of USIA's Worldnet television service 
is not less than 2,000,000 viewers. 
SEC. 210. NATIONAL ENDOWMENT FOR DEMOCRACY. 
In addition to amounts authorized to be appropriated by section 
201, there are authorized to be appropriated to the United States 
Information Agency $17,500,000 for the fiscal year 1988 and 
$18,100,000 for the fiscal year 1989 to be available only for a grant to 
the National Endowment for Democracy for carrying out its pur-
poses, of which not less than $250,000 for the fiscal year 1988 shall 
be used to support elements of the free press, including free radio, 
and the democratic civic opposition inside Nicaragua which espouse 
democratic principles and objectives. As is the case with all pro-
grams of the National Endowment for Democracy, no employee of 
any department, agency, or other component of the United States 
Government may participate, directly or indirectly, in controlling 
and directing the use of these funds to the free press and democratic 
civic opposition inside Nicaragua. 
Contracts. 
Nicaragua. 
101 STAT. 1376 
PUBLIC LAW 100-204—DEC. 22, 1987 
President of U.S. 
Effective date. 
SEC. 
2
1
1
. 
SEPARATE 
ACCOUNTS 
FOR 
NED 
GRANTEES. 
Section 504(h) of the National Endowment for Democracy Act (22 
U.S.C. 4413(h)) is amended by inserting "separate accounts with 
respect to such assistance and" after "keeps". 
SEC. 
2
1
2
. 
NED 
TREATMENT 
OF 
INDEPENDENT 
LABOR 
UNIONS. 
Section 503 of the National Endowment for Democracy Act (22 
U.S.C. 4412) is amended by adding at the end thereof the following 
new subsection: 
"(f) Nothing in this title shall preclude the Endowment from 
making grants to independent labor unions." 
SEC. 213. UNITED 
STATES 
ADVISORY 
COMMISSION 
ON 
PUBLIC 
DIPLOMACY. 
Section 604 of the United States Information and Education Ex-
change Act of 1948 (22 U.S.C. 1469) is amended to read as follows: 
"UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY 
"SEC. 604. (a) The United States Advisory Commission on Inter-
national Communication, Cultural and Educational Affairs, estab-
lished by section 8 of Reorganization Plan Numbered 2 of 1977, is 
hereby redesignated as the United States Advisory Commission on 
Public Diplomacy (hereafter in this section referred to as the 
"Commission"). 
"(b) The Commission shall be composed of seven members who 
shall be appointed by and serve at the pleasure of the President. The 
members of the Commission shall represent the public interest and 
shall be selected from a cross section of educational, communica-
tions, cultural, scientific, technical, public service, labor and busi-
ness, and professional backgrounds. The President shall designate a 
member to chair the Commission. 
"(c) The Commission shall have a staff director who shall be 
appointed by the Chairman of the Commission. Subject to such rules 
and regulations as may be adopted by the Commission, the Chair-
man of the Commission may— 
"(1) appoint such additional personnel for the staff of the 
Commission as the Chairman deems necessary; and 
"(2) procure temporary and intermittent services to the same 
extent as is authorized by section 3109(b) of title 5, United 
States Code, but at rates for individuals not to exceed the daily 
equivalent of the annual rate of basic pay payable for grade 
GS-18 of the General Schedule under section 5332 of title 5, 
United States Code. 
"(d) This section shall enter into force on January 20, 1989. Any 
provisions of section 8 of Reorganization Plan Numbered 2 of 1977 
inconsistent with this section shall no longer have legal effect on 
that date. The prohibition limiting membership of individuals from 
the same political party is repealed.". 
SEC. 214. DISTRIBUTION WITHIN THE UNITED STATES OF USIA FILM 
ENTITLED "AMERICA THE WAY I SEE IT". 
Notwithstanding section 208 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-la) and the 
second sentence of section 501 of the United States Information and 
Education Exchange Act of 1948 (22 U.S.C. 1461)— 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1377 
(1) the Director of the United States Information Agency shall 
make available to the Archivist of the United States a master 
copy of the film entitled "America The Way I See It"; and 
(2) upon evidence that necessary United States rights and 
licenses have been secured and paid for by the person seeking 
domestic release of the film, the Archivist shall— 
(A) reimburse the Director for any expenses of the 
Agency in making that master copy available; 
(B) deposit that film in the National Archives of the 
United States; and 
(C) make copies of that film available for purchase and 
public viewing within the United States. 
Any reimbursement to the Director pursuant to this section shall be 
credited to the applicable appropriation of the United States 
Information Agency. 
SEC. 215. AVAILABILITY OF CERTAIN USIA PHOTOGRAPHS FOR DIS-
TRIBUTION WITHIN THE UNITED STATES BY THE DEPART-
MENT OF DEFENSE. 
Notwithstanding section 208 of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-la) and the 
second sentence of section 501 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of 
the United States Information Agency shall make avedlable, upon 
request, to the Secretary of Defense and the Secretaries of the 
military departments concerned photographs of military operations 
and military related activities that occurred in the Republic of 
Vietnam for the purpose of developing and publishing military 
histories by those departments. The Secretary of Defense, or the 
Secretary of the military department concerned, as appropriate, 
shall reimburse the Director for any expenses involved in making 
such photographs available. Any reimbursement to the Director 
pursuant to this section shall be credited to the applicable appro-
priation of the United States Information Agency. 
SEC. 216. USIA UNDERGRADUATE SCHOLARSHIP PROGRAM. 
(a) INCREASED FUNDING FOR CARIBBEAN REGION.—It is the sense of 
the House of Representatives that the United States Information 
Agency should provide increased funding for students in the Carib-
bean region under the scholarship program for developing countries 
established by title VI of the Foreign Relations Authorization Act, 
Fiscal Years 1986 and 1987. 
(h) DEFINITION.— 
(1) As used in this section, the term "Caribbean region" 
means— 
(A) Antigua and Barbuda, Aruba, the Bahamas, Bar-
bados, Belize, Cuba, Dominica, the Dominican Republic, 
Grenada, Guyana, Haiti, Jamaica, St. Christopher and 
Nevis, St. Vincent and the Grenadines, St. Lucia, Trinidad 
and TobEigo; 
(B) Anguilla, British Virgin Islands, Cayman Islands, 
Montserrat, 
Netherlands 
Antilles, Turks and 
Caicos 
Islands; and 
(C) French Guiana, Guadeloupe, and Martinique. 
(2) Nothing in this subsection may be construed to encourage 
or authorize scholarships for students from any country which 
is a Communist country. 
Public 
information. 
Public 
information. 
101 STAT. 1378 
PUBLIC LAW 100-204—DEC. 22, 1987 
TITLE III—EDUCATIONAL AND CULTURAL 
AFFAIRS 
Union of Soviet 
Socialist 
Republics. 
Eastern Europe. 
Schools and 
colleges. 
SEC. 301. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts 
authorized to be appropriated by section 201, there are authorized to 
be appropriated to the United States Information Agency for the 
Bureau of Educational and Cultural Affairs $188,625,000 for the 
fiscal year 1988 and $192,438,000 for the fiscal year 1989 to carry out 
the purposes of the Mutual Educational and Cultural Exchange Act 
of 1961. Of the funds authorized to be appropriated by this section, 
not less than— 
(1) $93,000,000 for the fiscal year 1988 and $93,000,000 for 
the fiscal year 1989 shall be available only for grants for the 
, . Fulbright Academic Exchange Programs; 
'^ 
(2) $39,000,000 for the fiscal year 1988 and $39,000,000 for the 
fiscal year 1989 shall be available only for grants for the 
International Visitors Program; 
(3) $5,250,000 for the fiscal year 1988 and $5,250,000 for the 
fiscal year 1989 shall be available only for grants for the 
Hubert H. Humphrey Fellowship Program; 
(4) $2,500,000 for the fiscal year 1988 and $2,500,000 for the 
fiscal year 1989 shall be available only for the Congress-Bundes-
tag Exchange; 
(5) $500,000 for the fiscal year 1988 and $500,000 for the fiscal 
year 1989 shall be available only to the Seattle Goodwill Games 
Organizing Committee for Cultural Exchange and other 
exchange-related activities associated with the 1990 Goodwill 
Games to be held in Seattle, Washington; 
(6) $5,000,000 for the fiscal year 1988 and $5,000,000 for the 
fiscal year 1989 shall be available only for the Arts America 
Program; and 
(7) $300,000 for the fiscal year 1988 shall be available only for 
books and materials to complete the collections at the Edward 
Zorinsky Memorial Library in Jakarta, Indonesia. 
O
b
) ALLOCATION OF FUNDS FOR EXCHANGES BETWEEN THE UNITED 
STATES AND THE SOVIET UNION.—(1) Of the funds authorized to be 
appropriated by subsection (a), not less than $2,000,000 shall be 
available only for grants for exchange of persons programs between 
the United States and the Soviet Union. 
(2) Funds allocated by paragraph (1) or (2) of subsection (a) may be 
counted toward the allocation required by this subsection to the 
extent that such funds are used, in accordance with their respective 
programs, for grants for exchange of persons programs between the 
United States and the Soviet Union. 
SEC. 302. SAMANTHA SMITH MEMORIAL EXCHANGE PROGRAM. 
(a) ESTABLISHMENT.—Section 112(a) of the Mutual Educational 
Exchange Act of 1961 (22 U.S.C. 2460(a)) is amended— 
(1) by striking out "and" at the end of paragraph (6); 
(2) by striking out the period at the end of paragraph (7) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new paragraph: 
"(8) the Samantha Smith Memorial Exchange Program which 
advances understanding between the United States and the 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1379 
Soviet Union and between the United States and Eastern Euro-
pean countries through the exchange of persons under the age 
of 21 years and of students at an institution of higher education 
(as defined in section 1201(a) of the Higher Education Act of 
1965 (20 U.S.C. 1141(a))) who have not received their initial 
baccalaureate degree.", 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts 
authorized to be appropriated by section 301, there is authorized to 
be appropriated $2,000,000 for fiscal year 1988 and $2,000,000 for 
fiscal year 1989 to carry out the program established by the amend-
ment made by subsection (a). 
SEC. 303. THE ARTS AMERICA PROGRAM. 
Section 112(a) of the Mutual Educational and Cultural Exchange 
Act of 1961 (22 U.S.C. 2460(a)), as amended by section 302, is further 
amended— 
(1) by striking out "and" at the end of paragraph (7); 
(2) by striking out the period at the end of paragraph (8) and 
inserting in lieu thereof "; and"; and 
(3) by adding at the end thereof the following new paragraph: 
"(9) the Arts America program which promotes a greater 
appreciation and understanding of American art abroad by 
. 
^^ 
supporting exhibitions and tours by American artists in other 
• 
countries.". 
SEC. 304. PROFESSORSHIP ON CONSTITUTIONAL DEMOCRACY. 
President of U.S. 
(a) FEDERAL SUPPORT FOR PROFESSORSHIP.—The President, in sup- school^'and 
port of the statutory program of American studies abroad, is di- colleges. 
rected to foster studies in constitutional democracy at the Santo 
Tomas University in the Republic of the Philippines by supporting 
at such university under section 102(b)(4) of the Mutual Educational 
and Cultural Exchange Act of 1961 (22 U.S.C. 2452(b)(4)) a professor-
ship on the subject of constitutional democracy, if such professorship 
is established by such university. 
(b) FINANCIAL SUPPORT FOR THE PROFESSORSHIP.—If the professor-
ship referred to in subsection (a) is established by the Santo Tomas 
University in the Republic of the Philippines, veterans of the Pacific 
theater in World War II and veterans of the Korean conflict and 
Vietnam era are encouraged to contribute funds under section 105(f) 
of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2455(f)) to support such professorship. 
SEC. 305. UNITED STATES-INDIA FUND. 
Section 903(b) of the United States-India Fund for Cultural, 
Educational, and Scientific Cooperation Act (22 U.S.C. 290J-1) is 
amended to read as follows: 
"(b) In accordance with the agreement negotiated pursuant to 
section 902(a), sums made available for investment for the United 
States-India Fund for Cultural, Educational, and Scientific Coopera-
tion under the Departments of Commerce, Justice, and State, and 
the Judiciary and Related Agencies Appropriation Act, 1985, and 
any earnings on such sums shall be available for the purposes of 
section 902(a).". 
101 STAT. 1380 
PUBLIC LAW 100-204—DEC. 22, 1987 
Indonesia. 
19 use 2605. 
President of U.S. 
19 use 2605 
note. 
SEC. 306. THE EDWARD ZORINSKY MEMORIAL LIBRARY. 
(a) 
MEMORIAL FOR EDWARD 
ZORINSKY.—The United 
States 
Information Service library in Jakarta, Indonesia is named "The 
Edward Zorinsky Memorial Library". 
(b) MEMORIAL PLAQUE.—The Director of the United States 
Information Agency shall cause a plaque to be made and promi-
nently displayed at the library described in subsection (a). The 
plaque shall bear the following inscription: 
"THE EDWARD ZORINSKY MEMORIAL LIBRARY 
"This library is dedicated to the memory of Edward Zor- 
* 
insky, United States Senator from Nebraska. As a Senator, 
Edward Zorinsky worked tirelessly to promote the free 
exchange of ideas and people between the United States 
and other countries. This library, which is a forum for the 
exchange of ideas and knowledge between the people of the 
United States and the people of Indonesia, was reopened 
after a hiatus of more than twenty years as a result of 
legislation authored by Senator Zorinsky.". 
SEC. 307. CULTURAL PROPERTY ADVISORY COMMITTEE. 
(a) TERMS OF SERVICE.—Section 306(b)(3XA) of the Convention on 
Cultural Property Implementation Act (19 U.S.C. 2601 note) is 
amended to read as follows: 
"(3)(A) Members of the Committee shall be appointed for terms of 
three years and may be reappointed for one or more terms. With 
respect to the initial appointments, the President shall select, on a 
representative basis to the maximum extent practicable, four mem-
bers to serve three-year terms, four members to serve two-year 
terms, and the remaining members to serve a one-year term. There-
after each appointment shall be for a three-year term.". 
(b) VACANCIES; CHAIRMANSHIP.—Section 306(b)(3)(B) of the Conven-
tion on Cultural Property Implementation Act (19 U.S.C. 2601 note) 
is amended to read as follows: 
"(B)(i) A vacancy in the Committee shall be filled in the same 
manner as the original appointment was made and for the 
unexpired portion of the term, if the vacancy occurred during a 
term of office. Any member of the Committee may continue to serve 
as a member of the Committee after the expiration of his term of 
office until reappointed or until his successor has been appointed. 
"(ii) The President shall designate a Chairman of the Committee 
from the members of the Committee.". 
(c) APPLICATION.—The amendment made by subsection (a) shall 
apply to members of the Cultural Property Advisory Committee first 
appointed after the date of enactment of this Act. 
TITLE IV—VOICE OF AMERICA 
SEC. 401. AUTHORIZATIONS OF APPROPRIATIONS. 
In addition to the amounts authorized to be appropriated under 
title II, there are authorized to be appropriated the following 
amounts to the United States Information Agency for the Voice of 
America for the purpose of carrying out title V of the United States 
Information and Educational Exchange Act of 1948 and the Radio 
Broadcasting to Cuba Act: 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1381 
(1) for ''Salaries and Expenses", $177,200,000 for the fiscal 
year 1988 and $180,744,000 for the fiscal year 1989; 
(2) for "Voice of America/Europe", $3,000,000 for the fiscal 
year 1988 and $3,060,000 for the fiscal year 1989; and 
(3) for "Radio Broadcasting to Cuba", $12,652,000 for the 
fiscal year 1988 and $12,905,000 for the fiscal year 1989. 
SEC. 402. VOICE OF AMERICA/EUROPE. 
Title V of the United States Information and Educational Ex-
change Act of 1948 (22 U.S.C. 1461 et seq.) is amended by adding 
after section 503 the following new section: 
"SEC. 504. VOICE OF AMERICA/EUROPE. 
22 USC 1464. 
"As part of its duties and programs under title V of the United 
States Information and Educational Exchange Act of 1948 (22 U.S.C. 
1461 et seq.). Voice of America/Europe shall— 
"(1) target news and features in accordance with the findings 
and recommendations of the Young European Survey; 
"(2) conduct periodic audience evaluations and measure-
ments; and 
"(3) promote and advertise Voice of America/Europe.". 
SEC. 403. CONTRACTOR REQUIREMENTS. 
22 USC 1471 
(a) FINDINGS.—The Congress finds that the overriding national 
security aspects of the $1,300,000,000 facilities modernization pro-
gram of the Voice of America require the assurance of uninter-
rupted logistic support under all circumstances for the program. 
Therefore, it is in the best interests of the United States to provide a 
preference for United States contractors bidding on the projects of 
this program. 
(b) RESPONSIVE BID.—A bid shall not be treated as a responsive bid 
for purposes of the facilities modernization program of the Voice of 
America unless the bidder can establish that the United States 
goods and services content, excluding consulting and management 
fees, of his proposal and the resulting contract will not be less than 
55 percent of the value of his proposal and the resulting total 
contract. 
(c) PREFERENCE FOR UNITED STATES CONTRACTORS.—Notwithstand-
ing any other provision of law, in any case where there are two or 
more qualified bidders on projects of the facilities modernization 
program of the Voice of America, including design and construction 
projects and projects with respect to transmitters, antennas, spare 
parts, and other technical equipment, all the responsive bids of 
United States persons and qualified United States joint venture 
persons shall be considered to be reduced by 10 percent. 
(d) EXCEPTION.— 
(1) Subsection (c) shall not apply with respect to any project of 
the facilities modernization program of the Voice of America 
when— 
(A) precluded by the terms of an international agreement 
International 
with the host foreign country; 
agreements. 
(B) a foreign bidder can establish that he is a national of a 
country whose government permits United States contrac-
tors and suppliers the opportunity to bid on a competitive 
and nondiscriminatory basis with its national contractors 
and suppliers, on procurement and projects related to the 
construction, modernization, upgrading, or expansion o
f
— 
101 STAT. 1382 
PUBLIC LAW 100-204—DEC. 22, 1987 
iBGaif ' • 
(i) its national public radio and television sector, or 
(ii) its private radio and television sector, to the 
tstrnfi 3( 
extent that such procurement or project is, in whole or 
in part, funded or otherwise under the control of a 
srfj -m 
government agency or authority; or 
(C) the Secretary of Commerce certifies (in advance of the 
award of the contract for that project) to the Director of the 
United States Information Agency that the foreign bidder is 
not receiving any direct subsidy from any government, the 
effect of which would be to disadvantage the competitive 
position of United States persons who also bid on the 
I. 
project; or 
(D) the statutes of a host foreign country prohibit the use 
of United States contractors on such projects within that 
:) 
country. 
(2) An exception under paragraph (1)(D) shall only become 
effective with respect to a foreign country 30 days after the 
Secretary of State certifies to the Committee on Foreign Affairs 
and the Committee on Appropriations of the House of Rep-
resentatives and the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate what specific ac-
tions the Secretary has taken to urge the foreign country to 
' 
permit the use of United States contractors on such projects. 
(d) DEFINITIONS.—For purposes of this section— 
(1) the term "United States person" means a person that— 
(A) is incorporated or otherwise legally organized under 
the laws of the United States, including any State (and any 
political subdivision thereof) and the District of Columbia; 
(B) has its principal place of business in the United 
States; 
(C) has been incorporated or otherwise legally organized 
in the United States for more than 5 years before the 
issuance date of the Invitation For Bids or the Request For 
Proposals with respect to a modernization project under 
subsection (b); 
:; 
(D) has proven, as indicated by prior contracting experi-
ence, to possess the technical, managerial, and financial 
capability to successfully complete a project similar in 
nature and technical complexity to that being contracted 
for; 
(E)(i) employs United States citizens in at least 80 percent 
of its principal management positions in the United States; 
(ii) employs United States citizens in more than half of its 
permanent, full-time positions in the United States; and 
(iii) will employ United States citizens in at least 80 
percent of the supervisory positions on the modernization 
it J V 
project site; and 
f 
(F) has the existing technical and financial resources in 
the United States to perform the contract; and 
(2) the term "qualified United States joint venture person" 
means a joint venture in which a United States person or 
persons own at least 51 percent of the assets of the joint 
venture. 
(e) EFFECTIVE DATE.—The provisions of this section shall apply to 
any project with respect to which the Request For Proposals (com-
monly referred to as "RFP") or the Invitation For Bids (commonly 
referred to as "IFB") was issued after December 28,1986. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1383 
TITLE V—THE BOARD FOR 
INTERNATIONAL BROADCASTING 
SEC. 501. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF FUNDS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 8(aXlXA) of 
the 
Board for International Broadcasting Act of 1973 (22 U.S.C. 2877) is 
amended to read as follows: 
"(A) $186,000,000 for fiscal year 1988 and $207,424,000 for 
fiscal year 1989; and". 
0)) ALLOCATION OF FUNDS.—Of the funds authorized to be appro-
priated by section 8(aXlXA) of the Board for International Broad-
casting Act of 1973, $12,000,000 for the fiscal year 1988 and 
$12,000,000 for the fiscal year 1989 shall be available only for radio 
transmitter construction and modernization. 
SEC. 502. RESERVE FOR OFFSETTING DOWNWARD FLUCTUATIONS IN 
OVERSEAS RATES. 
Section 8flt)) of the Board for International Broadcasting Act of 
1973 (22 U.S.C. 2877(b)) is amended by inserting after "RFE/RL, 
Incorporated," the following: "shall be certified to the Congress by 
the Director of the Office of Management and Budget and placed in 
reserve in a separate account in the Treasury only for the purpose of 
offsetting future downward fluctuations in foreign currency ex-
change rates in order to maintain the level of operations authorized 
for each fisced year. Any such amount". 
SEC. 503. CERTIFICATION OF CERTAIN CREDITABLE SERVICE. 
The third to last sentence of section 8332(b) of title 5, United 
States Code, is amended by inserting ", and the Secretary of State 
with respect to the Asia Foundation and the Secretary of Defense 
with respect to the Armed Forces Network, Europe (AFN-E)," after 
"Board for International Broadcasting". 
TITLE VI—ASIA FOUNDATION 
SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 
Section 404 of the Asia Foundation Act (22 U.S.C. 4401 et seq.) is 
amended to read as follows: 
"SEC. 404. FUNDING. 
22 USC 4403. 
"There is authorized to be appropriated to the Secretary of State 
$13,700,000 for the fiscal year 1988 and $15,000,000 for the fiscal 
year 1989 for grants to the Asia Foundation pursuant to this title.". 
TITLE VII—INTERNATIONAL 
ORGANIZATIONS 
PART A—UNITED NATIONS 
SEC. 701. PROBABLE EXEMPTIONS TO THE UNITED NATIONS EMPLOYEE 
Union of Soviet 
HIRING FREEZE. 
Socialist 
Republics. 
(a) FINDINGS.—The Congress makes the following findings: 
22 USC 287e 
note. 
101 STAT. 1384 
PUBLIC LAW 100-204—DEC. 22, 1987 
District of 
Columbia. 
California. 
Contracts. 
Contracts. 
(1) In April 1986, the Secretary-General of the United Nations 
adopted a freeze on the hiring of personnel within the United 
Nations Secretariat. 
(2) The conditions of the freeze were such that, as the terms of 
office for the personnel expired, replacements would not be 
recruited or hired to fill the vacant positions, with minor excep-
tions. 
(3) The freeze was designed to reduce United Nations person-
nel by 15 percent over three years, as recommended by the 
Group of High-Level Intergovernmental Experts to Review the 
Efficiency of the Administrative and Financial Functioning of 
the United Nations (commonly referred to as the "Group of 18 
Experts"). 
(4) On May 5, 1987, the Secretary-General reported to the 
Department of State that he was considering granting 156 
exceptions to the hiring freeze. 
(5) Of these 156 probable exceptions, 104 would be Soviet and 
Soviet-bloc nationals currently employed in the United Nations 
Secretariat—of 298 Soviet and Soviet-bloc nationals currently 
employed in the United Nations Secretariat—who would be 
replaced over the next 18 months. 
(6) According to a report from the Select Committee on Intel-
ligence of the Senate on "Soviet Presence in the United Nations 
Secretariat" (Senate Print 99-52, May 1985), approximately one-
fourth of the Soviets in the United Nations Secretariat are 
intelligence officers, many more are co-opted by the Soviet 
intelligence agencies, and all Soviets in the United Nations 
Secretariat must respond to KGB requests for assistance. 
(7) Other United States intelligence authorities estimate that 
as many as one-half of the Soviet and Soviet-bloc nationals in 
the United Nations Secretariat are officers of the KGB or the 
GRU. 
(8) If the Secretary-General's probable exemptions are 
adopted, the Soviet Union will be allowed to replace retiring 
Soviet and Soviet-bloc personnel with new, highly skilled and 
well-trained intelligence officers of the KGB or the GRU. 
(9) The Secretary-General's proposed exceptions would thus 
provide the Soviet Union with the capability to rebuild its 
intelligence apparatus within the United States, which was 
devastated in recent years when the United States ordered 
severe reductions in the size of the Soviet mission to the United 
Nations, the Soviet Embassy in Washington, District of Colum-
bia, and the Soviet Consulate in San Francisco, California. 
(10) Article 100 of the United Nations Charter calls for the 
establishment of an international civil service whose members 
are neutral and loyal only to the United Nations. 
(11) Section 3 of Article 101 of the United Nations Charter 
calls for the appointment of individuals who are professionally 
qualified for the positions they are to fill and maintains that 
due regard shall be paid to the importance of recruiting the 
staff on as wide a geographical basis as possible. 
(12) As of September 1985, 442 of 446 Soviet nationals em-
ployed throughout the United Nations system are "seconded", 
that is, serve on short, fixed-term contracts. 
(13) Through the abuse of short, fixed-term contracts, the 
Soviet Union has maintained undue influence and control over 
major offices of the United Nations Secretariat, thereby effec-
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1385 
lively using the United Nations Secretariat in the conduct of its 
foreign relations, in clear violation of Articles 100 and 101 of the 
United Nations Charter. 
(14) The Secretary-General's proposed exceptions to the hiring 
freeze (as described in paragraphs (1) through (5)) would con-
tinue the gross violations of Articles 100 and 101 of the United 
Nations Charter described in paragraph (13). 
(15) The Secretary-General's proposed exceptions to such 
hiring freeze would be clearly inconsistent with the terms of the 
United Nation's self-imposed reform program. 
(16) The United Nations has not yet achieved its reform goals 
and there is no indication that the United Nations can afford to 
make such large exceptions to such hiring freeze. 
(b) REPORT TO CONGRESS.—(1) The Secretary of State shall report 
to the Congress not later than 90 days after the date of enactment of 
this Act and annually thereafter as to the status of secondment 
within the United Nations by the Soviet Union and Soviet-bloc 
member-nations. 
(2) Such report shall contain as a minimum, a thorough analysis 
of the following issues: 
(A) The number of Soviet and Soviet-bloc nationals who are 
currently seconded to the United Nations system on short, 
fixed-term contracts in New York, Geneva, Vienna, and 
Nairobi, and the percentage such number is to the total number 
of Soviet and Soviet-bloc nationals so seconded. 
- (B) The number of Soviet and Soviet-bloc nationals who are 
currently employed in the United States system, on long-term 
contracts. 
(C) The measures undertaken by the United States to per-
suade the United Nations Secretariat to enforce the provisions 
of the United Nations Charter which specifically govern the 
behavior and activities of United Nations employees, especially 
Articles 100 and 101. 
(D) The measures undertaken by the United States either 
through bilateral or multilateral channels with the Soviet 
Union and other members of the Soviet-bloc to end their abuse 
of secondment. 
(E) The measures undertaken by the United States to chal-
lenge Soviet and Soviet-bloc nationals' credentials and to deny 
them entry visas, in order to keep Soviet and Soviet-bloc intel-
ligence operatives out of the United States and United Nations. 
(F) The counterintelligence efforts undertaken by the United 
States to protect United States national security from hostile 
intelligence activities directed against the United States by 
Soviet and Soviet-bloc intelligence operatives employed by the 
United Nations. 
(c) SENSE OF THE CONGRESS.—It is the sense of the Congress that— 
(1) the President should take all such actions necessary to 
ensure compliance with the hiring freeze rule, including 
withholding all assessed United States contributions to the 
United Nations, and denying United States entry visas to Soviet 
and Soviet-bloc applicants coming to the United States to re-
place Soviet and Soviet-bloc nationals currently serving in the 
United Nations Secretariat; 
(2) the President, through the Department of State and the 
United States mission to the United Nations, should express to 
the Secretary-General of the United Nations the insistence of 
Contracts. 
New York. 
Switzerland. 
Austria. 
Kenya. 
Contracts. 
Espionage. 
Espionage. 
President of U.S. 
President of U.S. 
101 STAT. 1386 
PUBLIC LAW 100-204—DEC. 22, 1987 
the American people that the hiring freeze continue indefi-
^ 
nitely, or until the United Nations has complied with the Group 
of 18 recommendations and can thus afford to make exceptions 
to the freeze; 
' 
(3) the Secretary-General should revoke all exceptions to the 
hiring freeze rule, excepting those member-nations which have 
15 or fewer nationals serving in the United Nations Secretariat, 
J 
or those positions not subject to geographical representation, 
such as those of the general service category; 
(4) the long-term, flagrant violations of Articles 100 and 101 of 
J
. 
the United Nations Charter and the abuse of secondment by the 
4 
Soviet Union and Soviet-bloc member-nations are reprehensible; 
Contracts. 
(5) the United Nations should adopt the recommendations of 
* 
the Group of 18 (as referred to in subsection (aX3)) that no 
member-nation be allowed to have more than 50 percent of its 
nationals employed under fixed-term contracts; 
o-y-.- (6) the Soviet Union is hereby condemned for— 
(A) its refusal to adhere to the principles of the United 
ms^U 
Nations Charter calling for an international civil service, 
(B) its abuse of secondment, and 
/ 
> 
ti 
(C) its absolute disregard of the solemn purpose of the 
* 
• 
United Nations to be an international civil service; and 
(7) if the Soviet Union and the Soviet-bloc intend to remain 
member-nations of the United Nations, they should adhere to 
.":.". 
Articles 100, 101, and all other principles of the United Nations 
"' 
Charter to which every other member-nation must adhere. 
(d) DEFINITION.—For the purposes of this section, the term 
"Soviet-bloc" means the countries of Bulgaria, Cuba, Czecho-
slovakia, East Germany, Hungary, Nicaragua, North Korea, Poland, 
and Romania. 
SEC. 702. REFORM IN THE BUDGET DECISION-MAKING PROCEDURES OF 
THE UNITED NATIONS AND ITS SPECIALIZED AGENCIES. 
(a) FINDINGS.—The Congress finds that the consensus based deci-
sion-making procedure established by General Assembly Resolution 
41/213 is a significant step toward complying with the intent of 
, J 
section 143 of the Foreign Relations Authorization Act, Fiscal Years 
1986 and 1987 (22 U.S.C. 287e note; 99 Stat. 405), as in effect before 
the date of enactment of this Act. 
(b) REFORM.—Section 143 of the Foreign Relations Authorization 
.,;,,„.. ., 
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 287e note; 99 Stat. 405), is 
amended to read as follows: 
"SEC. 143. REFORM IN BUDGET DECISION-MAKING PROCEDURES OF THE 
UNITED NATIONS AND ITS SPECIALIZED AGENCIES. 
"(a) 
FINANCIAL RESPONSIBILITY IN 
BUDGET PROCEDURES.—To 
M 
n<»ys 
achieve greater financial responsibility in preparation of the 
assessed budgets of the United Nations and its specialized agencies, 
the 
President 
should 
continue 
vigorous 
efforts 
to 
secure 
implementation by the United Nations, and adoption and im-
plementation by its specialized agencies, of decision-making proce-
dures on budgetary matters which assures that sufficient attention 
is paid to the views of the United States and other member states 
who are major financial contributors to such assessed budgets. 
"(b) LIMITATION ON ASSESSED CONTRIBUTIONS.— 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1387 
"(1) With respect to United States assessed contributions to 
the United Nations for each calendar year beginning with 
calendar year 1987— 
"(A) 40 percent of the United States assessed contribu-
tions may be paid beginning on October 1 of such calendar 
year; 
"(B) 40 percent of the United States assessed contribu- 
President of U.S. 
tions may be paid when the President has determined and 
Reports. 
so reported to the Congress that— 
"(i) the consensus based decision-making procedure 
established by General Assembly Resolution 41/213 is 
being implemented and its results respected by the 
General Assembly; 
"(ii) progress is being made toward the 50 percent 
limitation on seconded employees of the Secretariat as 
called for by the Group of High Level Intergovern-
mental Experts to Review the Efficiency of the 
Administrative and Financial Functioning of the 
United Nations (Group of 18); and 
"(iii) the 15 percent reduction in the staff of the 
Secretariat (recommendations 55 and 57 of the Group 
of 18) is being implemented and that such reduction is 
being equitably applied among the nationals on such 
staff; and 
"(C) 20 percent of the United States assessed contribu-
tions may be paid beginning on a date which is 30 days 
after receipt by the Congress of the report described in 
subparagraph (B) unless the Congress within such 30-day 
period enacts, in accordance with subsection (c), a joint 
resolution prohibiting the payment of the remaining 20 
percent of such funds. 
"(2) In the case that the amount appropriated for United 
States assessed contributions to the United Nations for a cal-
endar year is less than the full amount of such United States 
assessed contributions for that year, the final one-fifth of the 
amount appropriated may only be paid— 
"(A) after the President has made the determinations and 
report specified in paragraph (1)(B); and 
"(B) beginning on a date which is 30 days after receipt by 
the Congress of the report referred to in subparagraph (A) 
unless the Congress within such 30-day period enacts, in 
accordance with subsection (c), a joint resolution prohibit-
ing the payment of the remaining one-fifth of such funds. 
"(3) For each calendar year beginning with calendar year 
President of U.S. 
1987, no payment may be made of an assessed contribution by Reports. 
the United States to any of the specialized agencies of the 
United Nations if such payment would cause the United States 
share of the total assessed budget for such agency to exceed 20 
percent in any calendar year unless the President determines 
and so reports to the Congress that such agency has made 
substantial progress toward the adoption and implementation of 
decision-making procedures on budgetary matters in a manner 
that substantially achieves the greater financial responsibility 
referred to in subsection (a). 
"(4) Subject to the availability of appropriations, when the 
presidential determinations referred to in paragraphs (1)(B), (2), 
and (3) have been made, payment of assessed contributions for 
101 STAT. 1388 
PUBLIC LAW 100-204—DEC. 22, 1987 
^, 
prior years may be made to the United Nations or its specialized 
' 
agencies (as the case may be) without regard to the contribution 
hmitation contained in this section prior to its being amended 
by the Foreign Relations Authorization Act, Fiscal Years 1988 
and 1989. 
"(c) DEFINITION AND PROCEDURES.— 
''• 
"-''?/ ,'.^ ! 
"(1)(A) The provisions of this subsection shall apply to the 
introduction and consideration in the Senate of a joint resolu-
tion described in subsections (b)(1)(C) and (b)(2). 
"(B) For purposes of this subsection, the term 'joint resolu-
^. 
tion' means only a joint resolution introduced within 3 days 
after the date on which the report of the President described in 
i 
subsection (b)(1)(B) is received by Congress, the matter after the 
resolving clause of which is as follows: 'That the payment to the 
United Nations of those contributions described in section 
3 
143(b)(1)(C) of the Foreign Relations Authorization Act, Fiscal 
g 
Years 1986 and 1987, is prohibited'. 
"(2) A joint resolution introduced in the Senate shall be 
<
-
. 
referred to the Committee on Foreign Relations of the Senate. 
Such a joint resolution may not be reported before the 8th day 
after its introduction. 
"(3) If the committee to which is referred a joint resolution 
has not reported such joint resolution (or an identical joint 
resolution) at the end of 15 days after its introduction, such 
3 
committee shall be deemed to be discharged from further 
consideration of such joint resolution and such joint resolution 
shall be placed on the appropriate calendar of the Senate, 
"(4)(A) When the committee to which a joint resolution is 
1; 
referred has reported, or has been deemed to be discharged 
(under paragraph (3)) from further consideration of, a joint 
h 
resolution, it is at any time thereafter in order (even though a 
• 
previous motion to the same effect has been disagreed to) for 
a 
any Member of the Senate to move to proceed to the consider-
a 
ation of the joint resolution, and all points of order against the 
joint resolution (and against consideration of the joint resolu-
b 
tion) are waived. The motion is privileged in the Senate and is 
not debatable. The motion is not subject to amendment, or to a 
motion to postpone, or to a motion to proceed to the consider-
ation of other business. A motion to reconsider the vote by 
which the motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of the joint 
resolution is agreed to, the joint resolution shall remain the 
'^•'^' - 
unfinished business of the Senate until disposed of. 
"(B) In the Senate, debate on the joint resolution, and on all 
debatable motions and appeals in connection therewith, shall be 
limited to not more than 10 hours, which shall be divided 
equally between those favoring and those opposing the joint 
resolution. A motion further to limit debate is in order and not 
debatable. An amendment to or a motion to postpone, or a 
motion to proceed to the consideration of other business, or a 
motion to recommit the joint resolution is not in order. A 
motion to reconsider the vote by which the joint resolution is 
agreed to or disagreed to is not in order. 
'" 
"(C) Immediately following the conclusion of the debate on a 
joint resolution, and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1389 
Senate, the vote on final passage of the joint resolution shall 
occur. 
"(D) Appeals from the decisions of the Chair relating to the 
application of the Rules of the Senate to the procedure relating 
to a joint resolution shall be decided without debate. 
"(5) If, before the passage by the Senate of a joint resolution of 
the Senate, the Senate receives from the House of Representa-
tives a joint resolution, then the following procedures shall 
apply: 
"(A) The joint resolution of the House of Representatives 
shall not be referred to a committee. 
"(B) With respect to a joint resolution of the Senate— 
-<•''* 
"(i) the procedure in the Senate shall be the same as 
if no joint resolution had been received from the House 
4.,/ 
of Representatives; but 
"(ii) the vote on final passage shall be on the joint 
resolution of the House of Representatives. 
"(6) This subsection is enacted by the Congress— 
"(A) as an exercise of rulemaking power of the Senate, 
and as such it is deemed a part of the rules of the Senate, 
but applicable only with respect to the procedure to be 
followed in the Senate in the case of a joint resolution, and 
it supersedes other rules only to the extent that it is 
inconsistent with such rules; and 
"(B) with full recognition of the constitutional right of the 
.1,, 
Senate to change the rules (so far as relating to the procedure 
of 
the Senate) at any time, in the same manner and to the same 
extent as in the case of any other rule of the Senate.". 
(c) CONFORMING AMENDMENT.—The table of contents in section 1 
of the Foreign Relations Authorization Act, Fiscal Years 1986 and 
1987 (22 U.S.C. 287e note; 99 Stat. 405) is amended by striking out 
the item relating to section 143 and inserting in lieu thereof the 
following: 
"Sec. 143. Reform in the budget decision-making procedures of the United Nations 
and its specialized agencies.". 
(d) TERMINATION DATE.—This section shall terminate on Septem-
ber 30, 1989. 
SEC. 703. HOUSING ALLOWANCES OF INTERNATIONAL CIVIL SERVANTS. 
(a) UNITED STATES POUCY.—It is the policy of the United States to 
seek the implementation by the United Nations of the recommenda-
tion by the International Civil Service Commission to deduct from 
the pay (commonly referred to as a "rental deduction") of an 
international civil servant the amount of any housing allowance or 
payment which is provided by any member state to that inter-
national civil servant, in accordance with Article 100 of the Charter 
of the United Nations and regulations thereunder. 
(b) UNITED STATES AMBASSADOR TO THE UNITED NATIONS.—The 
United States Ambassador to the United Nations shall seek to 
promote the adoption of the recommendation described in subsec-
tion (a). 
SEC. 704. UNITED STATES PARTICIPATION IN THE UNITED NATIONS IF 
ISRAEL IS ILLEGALLY EXPELLED. 
(a) GENERAL RULE.—The first sentence of section 115(b) of the 
Department of State Authorization Act, Fiscal Years 1984 and 1985 
22 u s e 287e 
note. 
22 u s e 287 note. 
101 STAT. 1390 
PUBLIC LAW 100-204—DEC. 22, 1987 
22 use 287 note, is amended to read as follows: "If Israel is illegally expelled, sus-
pended, denied its credentials, or in any other manner denied its 
right to participate in any principal or subsidiary organ or in any 
specialized, technical, or other agency of the United Nations, the 
United States shall suspend its participation in any such organ or 
agency until the illegal action is reversed.". 
(b) RULE OF CONSTRUCTION.—Such section is further amended by 
adding at the end thereof the following: "Nothing in this section 
may be construed to diminish or to affect United States participa-
tion in the United Nations Security Council or the Safeguards 
Program of the International Atomic Energy Agency.". 
SEC. 705. UNITED NATIONS PROJECTS WHOSE PRIMARY PURPOSE IS TO 
BENEFIT THE PALESTINE LIBERATION ORGANIZATION. 
Section 114(a) of the Department of State Authorization Act, 
Fiscal Years 1984 and 1985 (22 U.S.C. 287e note) is amended— 
(1) by redesignating paragraphs (3) through (6) as paragraphs 
(4) through (7), respectively; and 
(2) by inserting the following new paragraph (3) after para-
graph (2): 
"(3) 25 percent of the amount budgeted for that year for the 
Special Committee to Investigate Israeli Practices Affecting the 
' 
Human Rights of the Population of the Occupied Territories (or 
any similar successor entity);". 
SEC. 706. PUBLIC ACCESS TO UNITED NATIONS WAR CRIMES COMMISSION 
FILES. 
(a) FINDINGS.—The Congress finds that— 
(1) with the passing of time, it is important to document fully 
Nazi war crimes and crimes against humanity, lest the enor-
mity of those crimes be forgotten; and 
(2) the files of the United Nations War Crimes Commission 
deposited in the archives of the United Nations contain 
information valuable to our knowledge of the genocidal actions 
.^ 
of the Nazis. 
' 
* 
(b) POLICY.—It is the sense of the Congress that United States 
policy should be to support access by interested individuals and 
organizations to the files of the United Nations War Crimes 
Commission deposited in the archives of the United Nations. 
SEC. 707. REPORT ON POLICIES PURSUED BY OTHER COUNTRIES IN 
INTERNATIONAL ORGANIZATIONS. 
The last sentence of section 117 of the Department of State 
22 use 287b 
Authorization Act, Fiscal Years 1984 and 1985, is amended by 
'^°*®- 
inserting before the period the following: ", together with the 
amount and type of foreign assistance (if any) made available by the 
United States for the preceding fiscal year to each such country 
under the Foreign Assistance Act of 1961, the Arms Export Control 
Act, the Export-Import Bank Act of 1945, and the Peace Corps Act". 
SEC. 708. PROTECTION OF TYRE BY THE UNITED NATIONS INTERIM 
FORCE IN LEBANON. 
(a) FINDINGS.—The Congress finds that— 
Mon V^' ''MU 2: 
(1) the archaeological site of the ancient city of Tyre is an 
important part of the heritage of the people of Lebanon and of 
people everywhere; 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1391 
(2) war and civil strife threaten the survival of the ar-
chaeological site at Tyre; 
(3) the purchase of artifacts from Tyre, including purchases 
allegedly made by troops of the United Nations Interim Force in 
Lebanon (UNIFIL), is encouraging illegal excavation and 
looting of the Tyre site; and 
(4) the United Nations Interim Force in Lebanon (UNIFIL) 
could best protect the archaeological site of Tyre so as to 
r , , 
. 
preserve this treasure for future generations. 
(b) EXTENSION OF MANDATE OF UNIFIL.—The Secretary of State 
should request the Secretary General of the United Nations and the 
Security Council to extend the mandate of the United Nations 
Interim Force in Lebanon (UNIFIL) to include protection of the 
archaeological site of the ancient city of Tyre. The Secretary of State 
is directed to seek an order prohibiting the purchase of any artifact 
from Tyre by any person associated with the United Nations. 
(c) REPORTING REQUIREMENT.—Not later than 6 months after the 
date of enactment of this Act, and every 12 months thereafter, for as 
long as the United Nations Interim Force in Lebanon remains in 
Lebanon, the Secretary of State shall report in writing to the 
chairman of the Committee on Foreign Relations of the Senate and 
the chairman of the Committee on Foreign Affairs of the House of 
Representatives on the progress made in implementing this section. 
PART B—UNITED STATES COMMISSION ON IM-
PROVING 
THE 
EFFECTIVENESS 
OF 
THE 
UNITED NATIONS 
SEC. 721. ESTABLISHMENT OF COMMISSION. 
22 USC 287 note. 
The United States Commission on Improving the Effectiveness of 
the United Nations (hereafter in this part referred to as the 
"Commission") is hereby established. 
SEC. 722. PURPOSES OF THE COMMISSION. 
22 USC 287 note. 
(a) PURPOSES.—The purposes of the Commission shall be to— 
(1) examine the United Nations system as a whole and iden-
tify and evaluate its strengths and weaknesses; and 
(2) prepare and submit to the President and to the Congress 
recommendations on ways to improve the effectiveness of the 
United Nations system and the role of the United States in the 
United Nations system, including the feasibility of and means 
for implementing such recommendations. 
(b) CONSULTATION REGARDING OTHER UNITED NATIONS REFORM 
EFFORTS.—In carrying out this section, the Commission shall make 
every effort to consult, where appropriate, with other public and 
private institutions and organizations engaged in efforts to reform 
the United Nations system, including efforts being made directly 
under the auspices of the United Nations. 
SEC. 723. MEMBERSHIP OF THE COMMISSION. 
22 USC 287 note. 
(a) MEMBERS.— 
(1) NUMBER AND APPOINTMENT.—The Commission shall be 
composed of 16 members, appointed as follows: 
(A) Two Members of the Senate, one appointed by the 
President pro tempore of the Senate and one appointed by 
the Minority Leader of the Senate. 
101 STAT. 1392 
PUBLIC LAW 100-204—DEC. 22, 1987 
^ 
,- 
(B) Two Members of the House of Representatives, one 
appointed by the Speaker of the House and one appointed 
by the Minority Leader of the House. 
(C) Eight individuals from the private sector, two ap-
pointed by the President pro tempore of the Senate, two 
appointed by the Minority Leader of the Senate, two ap-
pointed by the Speaker of the House, smd two appointed by 
the Minority Leader of the House. 
President of U.S. 
(D) Four individuals appointed by the President, not more 
J 
than two of whom may be from the same political party. 
(2) CRITERION FOR APPOiNTME>rrs.—Individuals appointed 
pursuant to subparagraphs (C) and (D) of paragraph (1) shall be 
representative, to the maximum extent possible, of the full 
range of American society. 
(3) APPOINTMENTS TO BE MADE PROMPTLY.—All appointments 
5 
pursuEuit to paragraph (1) shall be made not later than 60 days 
after the effective date of this part. 
(4) VACANCIES.—Any vaceincy in the membership of the 
Commission shall be filled in the same manner as the original 
appointment was made. 
0)) ADVISORS.—Former United States Permanent Representatives 
to the United Nations who are not appointed to the Commission 
shall be invited by the Commission to serve as advisors to the 
Commission. 
(c) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION IN GENERAL.—Except as provided in para-
graph (2), each member of the Commission may be compensated 
at not to exceed the daily equivalent of the annual rate of basic 
pay in effect for grade GS-18 of the General Schedule under 
section 5332 of title 5, United States Code, for each day during 
which that member is engaged in the actual performance of the 
* 
duties of the Commission. 
(2) GOVERNMENT PERSONNEL.—Members of the Commission 
who are full-time officers or employees of the United States or 
:*. 
Members of Congress shedl receive no additional pay on account 
of their service on the Commission. 
(3) TRAVEL EXPENSES.—While away from their homes or regu-
lar places of business in the performance of services for the 
Commission, members of the Commission, and Advisors serving 
pursuant to subsection (b), shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the same manner as 
persons employed intermittently in the Government service are 
allowed expenses under section 570303) of title 5, United States 
Code. 
(d) CHAIRMAN AND VICE CHAIRMAN.—The Chairman and Vice 
Chairman shall be elected by the Commission from among members 
of the Commission. 
(e) QUORUM.—Nine members of the Commission shall constitute a 
quorum for purposes of transacting business, except that four mem-
bers shall constitute a quorum for holding public hearings. 
22 u s e 287 note. 
SEC. 724. POWERS OF THE COMMISSION. 
(a) IN GENERAL.—For the purpose of carrying out this part, the 
Commission may hold such hearings (subject to the requirements of 
subsection Ot))) and sit and act at such times and places, take such 
testimony, and receive such evidence as the Commission considers 
necessary to fulfill the purposes specified in section 722, 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1393 
(b) MEETINGS.— 
(1) MINIMUM NUMBER OF PUBUC HEARINGS.—The Commission 
shall hold a minimum of five public hearings. 
(2) OPEN MEETINGS.—Section 552b of title 5 of the United 
States Code shall apply with respect to the Commission. 
(3) CALUNG MEETINGS.—The Commission shall meet at the 
call of the Chairman or a majority of its members. 
(c) DELEGATION OF AUTHORITY.—When so authorized by the major-
ity of the Commission, any member or agent of the Commission may 
take any action which the Commission is authorized to take by this 
section. 
(d) INFORMATION FROM FEDERAL AGENCIES.—The Commission may 
Classified 
secure directly from any Federal agency information necessary to 
information. 
enable it to carry out this part. Upon request of the Chairman of the 
Commission, the head of any such Federal agency shall furnish such 
information to the Commission, to the extent authorized by law; 
except that the head of any Federal s^ency to which a request for 
information is provided pursuant to this subsection may deny access 
to such information, or make access subject to such terms and 
conditions as the head of that agency may prescribe, on the basis 
that the information in question is classined and the Commission 
does not have adequate procedures to safeguard the information in 
question, or that the Commission does not have a need to know the 
classified information. In addition, a Federal agency may not pro-
vide the Commission with information that could disclose intel-
ligence sources or methods without first securing the approval of the 
Director of Central Intelligence. The head of any such Federal 
agency may provide information on a reimbursable basis. 
SEC. 725. STAFF. 
22 USC 287 note. 
(a) STAFF MEMBERS AND CONSULTANTS.—Subject to such rules as 
may be adopted by the Commission, the Chairman of the Commis-
sion, without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service and without 
regard to the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classifications and General Schedule pay 
rates, may— 
(1) appoint a Director who shall be paid at a rate not to exceed 
the rate of basic pay in effect for Level V of the Executive 
Schedule under section 5316 of title 5, United States Code; 
(2) appoint and fix the compensation of such other staff 
is bi .3; 
' 
personnel as the Chairman considers necessary; and 
(3) procure temporary and intermittent services to the same 
extent as is authorized by section 3109(b) of title 5, United 
States Code. 
•. v'v.: (38?:^ %s. 
(b) DETAIUNG OF GOVERNMENT PERSONNEL.—Upon request of the 
Commission, the head of any Federal agency may detail, on a 
reimbursable basis, any of the personnel of that agency to the 
Commission to assist it in carrying out this part. 
SEC. 726. REPORT. 
22 USC 287 note. 
The Commission shall transmit to the President and to the Con-
gress a report containing a detailed statement of the findings, 
conclusions, and recommendations of the Commission, including 
minority views. This report shall be transmitted not later than 18 
months after the date on which all members of the Commission 
have been appointed. 
101 STAT. 1394 
PUBLIC LAW 100-204—DEC. 22, 1987 
22 u s e 287 note. 
SEC. 727. FUNDING FOR THE COMMISSION. 
' ' "'" 
* ' * 
(a) COMMISSION TO BE PRIVATELY FUNDED.—The Commission may 
accept and use contributions from private United States sources to 
carry out this part. No Federal funds may be made available to the 
Commission for use in carrying out this part. 
(b) LIMITATION ON SIZE OF CONTRIBUTIONS.—The Commission may 
not accept contributions from any single source which have a value 
of more than— 
(1) $100,000, or 
(2) 20 percent of the total of all contributions accepted by the 
Commission. 
(c) 
COMMISSION APPROVAL OF CERTAIN CONTRIBUTIONS.—The 
Commission may accept contributions having a value of $1,000 or 
more from a single source only if more than two-thirds of the 
members of the Commission have approved the acceptance of those 
contributions. 
(d) DISCLOSURE OF CONTRIBUTIONS.— 
(1) PERIODIC REPORTS TO CONGRESS.—Every 30 days, the 
Commission shall submit to the chairman of the Committee on 
Foreign Affairs of the House of Representatives, and to the 
chairman of the Committee on Foreign Relations of the Senate, 
a list of the source and amount of each contribution accepted by 
the Commission during the preceding 30 days. 
(2) FINAL REPORT.—The source and amount of each contribu-
tion accepted by the Commission shall be listed in the report 
submitted pursuant to section 726. 
(e) LIMITATION ON OBUGATIONS AND EXPENDITURES.—Notwith-
standing subsection (a), the limitations on expenditures and obliga-
tions in section 1341 of title 31, United States Code, shall apply to 
the Commission. 
22 u s e 287 note. 
SEC. 728. GENERAL ACCOUNTING OFFICE AUDITS OF THE COMMISSION. 
The provisions of subchapter II of chapter 7 of title 31 of the 
United States Code (relating to the general duties and powers of the 
General Accounting Office) shall apply with respect to the programs 
and activities of the Commission, including the receipt, disburse-
ment, and use of funds contributed to the Commission, to the same 
extent as those provisions apply with respect to other agencies of the 
United States Government. 
22 u s e 287 note. 
SEC. 729. TERMINATION OF THE COMMISSION. 
The Commission shall ce£ise to exist 60 days after submitting its 
report pursuant to section 726. 
22 u s e 287 note. 
SEC. 730. EFFECTIVE DATE. 
This part shall take effect on March 1,1989. 
PART C—OTHER INTERNATIONAL 
ORGANIZATIONS 
, 
22 u s e 288h. 
SEC. 741. PRIVILEGES AND IMMUNITIES TO OFFICES OF MISSION TO THE 
UNITED STATES OF THE COMMISSION OF THE EUROPEAN 
COMMUNITIES. 
The Act entitled "An Act to extend diplomatic privileges and 
immunities to the Mission to the United States of America of the 
Commission of the European Communities and the members 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1395 
thereof, approved October 18, 1972 (86 Stat. 815), is amended by 22 USC 288h. 
adding at the end the following: "Under such terms and conditions President of U.S. 
as the President may determine, the President is authorized to 
extend to other offices of the Commission of the European Commu-
nities which are established in the United States, and to members 
thereof— 
"(1) the privileges and immunities described in the preceding 
sentence; or 
"(2) £is appropriate for the functioning of a particular office, 
privileges and immunities, equivalent to those accorded con-
sular premises, consular officers, and consular employees, 
pursuant to the Vienna Convention on Consular Relations.". 
SEC. 742. CONTRIBUTION TO THE REGULAR BUDGET OF THE INTER- Israel. 
' ^ 
NATIONAL COMMITTEE OF THE RED CROSS AND SENSE OF 
CONGRESS CONCERNING RECOGNITION OF RED SHIELD OF 
DAVID. 
(a) UNITED STATES CONTRIBUTION.—Pursuant to the provisions of 
section 109 of the Foreign Relations Authorization Act, Fiscal Years 
1986 and 1987, the Secretary of State shall make an annual con-
tribution to the regular budget of the International Committee of 
the Red Cross of an amount which is not less than 10 percent of its 
regular budget. Such contribution may be made from the funds 
authorized to be appropriated by section 104 for "Migration and 
Refugee Assistance". 
(b) LIMITATION ON CONTRIBUTIONS.—Notwithstanding subsection 
(a), for fiscal year 1988, the United States contribution to the regular 
budget of the International Committee of the Red Cross shall not 
exceed nor be less than the amount contributed by the United States 
to the regular budget of the International Committee of the Red 
Cross in fiscal year 1987. 
(c) RECOGNITION OF THE RED SHIELD OF DAVID.—It is the sense of 
the Congress that a diplomatic conference of governments should 
grant identical status of recognition to the Red Shield of David 
(Magen David Adorn) as that granted to the Red Cross and the Red 
Crescent and that the Red Shield of David Society of Israel should be 
accepted as a full member of the League of Red Cross Societies and 
the quadrennial International Conferences of the Red Cross. 
SEC. 743. IMMUNITIES FOR THE INTERNATIONAL COMMITTEE OF THE 
RED CROSS. 
The International Organizations Immunities Act is amended by 
inserting after section 12 (22 U.S.C. 288f-2) the following new sec-
tion: 
"SEC. 13. The International Committee of the Red Cross, in view of 22 USC 288f-3. 
its unique status eis an impartial humanitarian body named in the 
Geneva Conventions of 1949 and assisting in their implementation, 
shall be considered to be an international organization for the 
purposes of this title and may be extended the provisions of this title 
in the same manner, to the same extent, and subject to the same 
conditions, as such provisions may be extended to a public inter-
national organization in which the United States participates pursu-
ant to any treaty or under the authority of any Act of Congress 
authorizing such participation or making an appropriation for such 
participation.". 
91-194 O - 90 - 4 : QL.3 Part 3 
101 STAT. 1396 
PUBLIC LAW 100-204—DEC. 22, 1987 
22 use 1928a. 
22 use 1928b. 
Refugees. 
22 use 2601 
note. 
President of U.S. 
Caribbean. 
Reports. 
SEC. 744. NORTH ATLANTIC ASSEMBLY. 
(a) APPOINTMENT OF SECRETARIES TO THE NORTH ATLANTIC ASSEM-
BLY DELEGATIONS.—Section 1 of the joint resolution entitled "Joint 
resolution to authorize participation by the United States in par-
liamentary conferences of the North Atlantic Treaty Organization", 
approved July 11, 1956 (22 U.S.C. 1928b; Public Law 84-689), is 
amended by adding at the end thereof the following new sentences: 
"Each delegation shall have a secretary. The secretaries of the 
Senate and House delegations shall be appointed, respectively, by 
the chairman of the Committee on Foreign Relations of the Senate 
and the chairman of the Committee on Foreign Affairs of the House 
of Representatives.". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 2 of such joint 
resolution is amended— 
(1) by striking out "$50,000" and inserting in lieu thereof 
"$75,000"; and 
(2) by striking out "$25,000" the first place it appears and 
inserting in lieu thereof "$50,000". 
SEC. 745. UNITED 
STATES 
MEMBERSHIP 
IN 
INTERGOVERNMENTAL 
COMMITTEE FOR EUROPEAN MIGRATION. 
The President is hereby authorized to continue membership for 
the United States in the Intergovernmental Committee for Euro-
pean Migration in accordance with its constitution approved in 
Venice, Italy, on October 19, 1953, and, upon entry into force of the 
amendments to such constitution approved in Geneva, Switzerland, 
on May 20, 1987, to continue membership in the organization under 
the name International Organization for Migration in accordance 
with such constitution and amendments. For the purpose of gissist-
ing in the movement of refugees and migrants and to enhance the 
economic progress of the developing countries by providing for a 
coordinated supply of selected manpower, there are hereby au-
thorized to be appropriated such amounts £is may be necessary from 
time to time for the pajnnent by the United States of its contribu-
tions to the Committee and all necessary salaries and expenses 
incidental to United States participation in the Committee. 
SEC. 746. RECOGNITION OF CARICOM. 
It is the sense of the Congress that the Secretary of State should 
consider recognizing the Caribbean Community and Common 
Market (CARICOM) as a regional planning organization in the 
Caribbean. 
SEC. 747. ASIAN-PACIFIC REGIONAL HUMAN RIGHTS CONVENTION. 
Not later than 180 days after the date of enactment of this Act, 
the Secretary of State shall submit a report to the Congress which— 
(1) examines the nature and extent of human rights problems 
in the Asian-Pacific region; and 
(2) assesses the willingness of the countries in the region to 
negotiate a regional human rights convention similar to the 
American Convention on Human Rights, the Conference on 
Security and Cooperation in Europe, and the African Charter 
on Peoples' and Human Rights. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1397 
TITLE VIII—INTERNATIONAL NARCOTICS 
2
2 use 2
6
5
6 
CONTROL 
note. 
SEC. 801. ASSIGNMENT 
OF 
DRUG 
ENFORCEMENT 
ADMINISTRATION 
AGENTS ABROAD. 
If the Secretary of State, in exercising his authority to establish 
overseas staffing levels for Federal agencies with activities abroad, 
authorizes the assignment of any Drug Enforcement Administration 
agent to a particular United States mission abroad, the Secretary 
shall authorize the assignment of at least two such agents to that 
mission. 
SEC. 802. QUARTERLY REPORTS ON PROSECUTION OF THOSE RESPON-
SIBLE FOR THE TORTURE AND MURDER OF DRUG ENFORCE-
MENT ADMINISTRATION AGENTS IN MEXICO. 
Section 134(c) of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987, is amended by striking out "progress made in 
the Camarena case," and inserting in lieu thereof "progress made in 
investigating, and prosecuting those responsible for, the 1985 mur-
ders of Drug Enforcement Administration agent Enrique Camarena 
Salazar and his pilot Alfredo Zavala Avelar and the 1986 detention 
and torture of Drug Enforcement Administration agent Victor 
Cortez, Junior,". 
SEC. 803. REQUIREMENT THAT EXTRADITION OF DRUG TRAFFICKERS BE 
A PRIORITY ISSUE OF UNITED STATES MISSIONS IN MAJOR 
ILLICIT DRUG PRODUCING OR TRANSIT COUNTRIES. 
The Secretary of State shall ensure that the Country Plan for the 
United States diplomatic mission in each major illicit drug produc-
ing country and in each major drug-transit country (as those terms 
are defined in section 481(i) of the Foreign Assistance Act of 1961) 
includes, as an objective to be pursued by the mission— 
(1) negotiating an updated extradition treaty which ensures 
that drug traffickers can be extradited to the United States, or 
(2) if an existing treaty provides for such extradition, taking 
such steps as may be necessary to ensure that the treaty is 
effectively implemented. 
SEC. 804. INFORMATION-SHARING SYSTEM SO THAT VISAS ARE DENIED 
TO DRUG TRAFFICKERS. 
Not later than 90 days after the date of enactment of this Act, the 
Secretary of State shall submit to the Congress a report on the 
status of the comprehensive information system on drug arrests of 
foreign nationals which was required to be established by section 
132 of the Foreign Relations Authorization Act, Fiscal Years 1986 
and 1987. 
SEC. 805. CERTIFICATION PROCEDURES FOR DRUG PRODUCING AND 
DRUG-TRANSIT COUNTRIES AND INCLUSION OF SPECIFIC 
AGENCY COMMENTS. 
(a) REPORT.—Section 481(e) of the Foreign Assistance Act of 1961 is 
amended by adding at the end thereof the following new paragraph: 
"(7) Each report pursuant to this subsection shall include specific 
comments and recommendations by appropriate Federal agencies 
involved in drug enforcement, including the United States Customs 
Service and the Drug Enforcement Administration, with respect to 
Enrique 
Camarena 
Salazar. 
Alfredo Zavala 
Avelar. 
Victor Cortez, Jr. 
99 Stat. 421. 
18 u s e 3181 
note. 
Reports. 
22 u s e 2291. 
Reports. 
101 STAT. 1398 
PUBLIC LAW 100-204—DEC. 22, 1987 
the degree to which countries listed in the report have cooperated 
fully with such agencies during the preceding year as described in 
subsection (h).". 
0?) RESOLUTION OF DISAPPROVAL.—Section 481(h) of the Foreign 
22 use 2291. 
Assistance Act of 1961 is amended in subparagraph (A), by striking 
out "30" and inserting in lieu thereof "45". 
SEC. 806. SANCTIONS 
ON 
DRUG 
PRODUCING 
AND DRUG-TRANSIT 
COUNTRIES. 
19 use 2492. 
(a) SANCTIONS.—Section 802 of the Trade Act of 1974 is amended— 
(1) in subsection (a)— 
(A) by striking out "or" at the end of paragraph (3); 
(B) by redesignating paragraph (4) as paragraph (6); 
' ' 
(C) by amending paragraph (6), as so redesignated, to read 
as follows: 
"(6) take any combination of the actions described in para-
graphs (1) through (5)."; and 
(D) by inserting after paragraph (3) the following new 
, 
paragraphs: 
h.i. 
"(4) take the steps described in subsection (d)(1) or (d)(2), or 
both, to curtail air transportation between the United States 
and that country; 
"(5) withdraw the personnel and resources of the United 
States from participation in any arrangement with that country 
... 
for the pre-clearance of customs by visitors between the United 
States and that country; or"; 
(2) in subsection (b)— 
(A) in paragraph (1), by inserting "corruption by govern-
ment officials and" after "preventing and punishing"; 
(B) in paragraph (2)(A), by striking out "and" at the end 
thereof; 
' 
' 
(C) in paragraph (2)(B), by striking out the period at the 
end thereof and inserting in lieu thereof "; and"; and 
*• 
(D) by adding at the end thereof the following new clause: 
"(C) has taken the legal and law enforcement steps nec-
essary to eliminate, to the maximum extent possible, 
corruption by government officials, with particular empha-
sis on the elimination of bribery."; and 
12 
(8) in subsection (c), by inserting "paragraph (1), (2), or (3) o f 
after "under"; and 
(4) by adding at the end thereof the following new subsection: 
Transportation. 
"(d) PRESIDENTIAL ACTION REGARDING AviATION.— 
"(1)(A) The President is authorized to notify the government 
of a country against which is imposed the sanction described in 
subsection (a)(4) of his intention to suspend the authority of 
foreign air carriers owned or controlled by the government or 
nationals of that country to engage in foreign air transportation 
1
*
^
" 
to or from the United States. 
^ 
"(B) Within 10 days after the date of notification of a govern-
ment under subparagraph (A), the Secretary of Transportation 
- 
<
«
' 
shall take all steps necessary to suspend at the earliest possible 
"
• 
' 
date the authority of any foreign air carrier owned or con-
trolled, directly or indirectly, by the government or nationals of 
that country to engage in foreign air transportation to or from 
the United States, notwithstanding any agreement relating to 
air services. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1399 
"(C) The President may also direct the Secretary of Transpor-
tation to take such steps as may be necessary to suspend the 
authority of any air carrier to engage in foreign air transpor-
tation between the United States and that country. 
"(2XA) The President may direct the Secretary of State to 
terminate any air service agreement between the United States 
and a country against which the sanction described in subsec-
tion (a)(4) is imposed in accordance with the provisions of that 
agreement. 
"(B) Upon termination of an agreement under this paragraph, 
the Secretary of Transportation shall take such steps as may be 
necessary to revoke at the earliest possible date the right of any 
foreign air carrier owned, or controlled, directly or indirectly, 
by the government or nationals of that country to engage in 
foreign air transportation to or from the United States. 
:
^ n 
r 
"(C) Upon termination of an agreement under this paragraph, 
the Secretary of Transportation may also revoke the authority 
of any air carrier to engage in foreign air transportation be-
tween the United States and that country. 
"(3) The Secretary of Transportation may provide for such 
exceptions from paragraphs (1) and (2) as the Secretary consid-
ers necessary to provide for emergencies in which the safety of 
an aircraft or its crew or passengers is threatened. 
"(4) For purposes of this subsection, the terms 'air transpor-
tation', 'air carrier', 'foreign air carrier' and 'foreign air 
transportation' have the meanings such terms have under sec-
tion 101 of the Federal Aviation Act of 1958 (49 U.S.C. App. 
1301).". 
(b) CONFORMING AMENDMENT.—The title heading of title VIII of 
the Trade Act of 1974 is amended to read as follows: "TITLE VIII— 
TARIFF TREATMENT 
OF PRODUCTS 
OF, AND 
OTHER 
SANCTIONS 
AGAINST, 
UNCOOPERATIVE 
MAJOR 
DRUG 
PRODUCING OR DRUG-TRANSIT COUNTRIES". 
(c) ALIENS EXCLUDABLE FROM ADMISSION TO THE UNITED STATES.— 
Section 212(a)(23) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(23)) is amended to read as follows: 
"(23) Any alien who— 
"(A) has been convicted of a violation of, or a conspiracy 
to violate, any law or regulation of a State, the United 
States, or a foreign country relating to a controlled sub-
stance (as defined in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)); or 
"(B) the consular officers or immigration officers know or 
have reason to believe is or has been an illicit trafficker in 
any such controlled substance or is or has been a knowing 
assistor, abettor, conspirator, or colluder with others in the 
illicit trafficking in any such controlled substance;". 
TITLE IX—IMMIGRATION AND REFUGEE 
PROVISIONS 
SEC. 901. PROHIBITION ON EXCLUSION OR DEPORTATION OF ALIENS ON 
8 USC 1182 note. 
CERTAIN GROUNDS. 
(a) IN GENERAL.—Notwithstanding any other provision of law, no 
alien may be denied a visa or excluded from admission into the 
101 STAT. 1400 
PUBLIC LAW 100-204—DEC. 22, 1987 
Defense and 
national 
security. 
Terrorism. 
8 u s e 1255a 
note. 
United States, subject to restrictions or conditions on entry into the 
United States, or subject to deportation because of any past, current, 
or expected beliefs, statements, or associations which, if engaged in 
by a United States citizen in the United States, would be protected 
under the Constitution of the United States. 
(b) CONSTRUCTION REGARDING EXCLUDABLE ALIENS.—Nothing in 
this section shall be construed as affecting the existing authority of 
the executive branch to deport, to deny issuance of a visa to, or to 
deny admission to the United States of, any alien— 
(1) for reasons of foreign policy or national security, except 
. 
that such deportation or denied may not be based on past, 
^
t current, or expected beliefs, statements, or associations which, if 
/ 
engaged in by a United States citizen in the United States, 
would be protected under the Constitution of the United States; 
(2) who a consular official or the Attorney General knows or 
f has reasonable ground to believe has engaged, in an individual 
capacity or as a member of an organization, in a terrorist 
-' activity or is likely to engage after entry in a terrorist activity; 
or 
f
' 
(3) who seeks to enter in an official capacity as a representa-
tive of a purported labor organization in a country where such 
organizations are in fact instruments of a totsditarian state. 
In addition, nothing in subsection (a) shall be construed as applying 
to an alien who is described in section 212(aX33) of the Immigration 
and Nationality Act (relating to those who assisted in the Nazi 
persecutions), to an alien described in the last sentence of section 
101(aX42) of such Act (relating to those assisting in other persecu-
tions) who is seeking the benefits of section 207, 208, 243(hXl), or 
245A of such Act (relating to admission as a refugee, asylum, 
withholding of deportation, and legalization), or to an alien who is 
described in section 21(c) of the State Department Basic Authorities 
Act of 1956. In paragraph (2), the term "terrorist activity" means 
the organizing, abetting, or participating in a wanton or indiscrimi-
nate act of violence with extreme indifference to the risk of causing 
death or serious bodily harm to individuals not taking part in armed 
hostilities. 
(c) CONSTRUCTION REGARDING STANDING TO SUE.—Nothing in this 
section shall be construed as affecting standing in any Federal court 
or in any administrative proceeding. 
(d) EFFECTIVE PERIOD.—Subsection (a) shall only apply to— 
(1) applications for visas submitted during 1988; 
,,, 
(2) admissions sought after December 31, 1987, and before 
:;, March 1,1989; and 
t^, 
(3) deportations based on activities occurring during 1988 or 
•
; 
for which deportation proceedings (including judicial review 
with respect to such a proceeding) are pending at any time 
during 1988. 
SEC. 902. ADJUSTMENT TO LAWFUL RESIDENT STATUS OF CERTAIN 
NATIONALS OF COUNTRIES FOR WHICH EXTENDED VOL-
UNTARY DEPARTURE HAS BEEN MADE AVAILABLE. 
(a) ADJUSTMENT OF STATUS.—The status of any alien who is a 
national of a foreign country the nationals of which were provided 
(or allowed to continue in) "extended voluntary departure" by the 
Attorney General on the basis of a nationality group determination 
at any time during the 5-year period ending on November 1, 1987, 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1401 
shall be adjusted by the Attorney General to that of an alien 
lawfully admitted for temporary residence if the alien— 
(1) applies for such adjustment within two years after the date 
of the enactment of this Act; 
(2) establishes that (A) the alien entered the United States 
before July 21, 1984, and (B) has resided continuously in the 
United States since such date and through the date of the 
enactment of this Act; 
(3) establishes continuous physical presence in the United 
States (other than brief, casual, and innocent absences) since 
. . : . ; 
the date of the enactment of this Act; 
(4) in the case of an alien who entered the United States as a 
nonimmigrant before July 21, 1984, establishes that (A) the 
alien's period of authorized stay as a nonimmigrant expired not 
later than six months after such date through the passage of 
time or (B) the alien applied for asylum before July 21, 1984; 
and 
(5) meets the requirements of section 245A(a)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(aX4)). 
The Attorney General shall provide for the acceptance and process-
ing of applications under this subsection by not later than 90 days 
after the date of the enactment of this Act. 
(b) STATUS AND ADJUSTMENT OF STATUS.—The provisions of subsec-
tions (h), (c)(6), (d), (f), (g), (h), and (i) of section 245A of the Immigra-
tion and Nationality Act (8 U.S.C. 1255a) shall apply to aliens 
provided temporary residence under subsection (a) in the same 
manner as they apply to aliens provided lawful temporary residence 
status under section 245A(a) of such Act. 
SEC. 903. PROCESSING OF CUBAN NATIONALS FOR ADMISSION TO THE 
8 USC 1201 note. 
UNITED STATES. 
(a) PROCESSING OF CERTAIN CUBAN POLITICAL PRISONERS AS REFU-
GEES.—In light of the announcement of the Government of Cuba on 
November 20, 1987, that it would reimplement immediately the 
agreement of December 14, 1984, establishing normal migration 
procedures between the United States and Cuba, on and after the 
date of the enactment of this Act, consular officers of the Depart-
ment of State and appropriate officers of the Immigration and 
Naturalization Service shall, in accordance with the procedures 
applicable to such cases in other countries, process any application 
for admission to the United States as a refugee from any Cuban 
national who was imprisoned for political reasons by the Govern-
ment of Cuba on or after January 1, 1959, without regard to the 
duration of such imprisonment, except as may be necessary to 
reassure the orderly process of available applicants. 
(b) 
PROCESSING OF IMMIGRANT VISA APPLICATIONS OF CUBAN 
NATIONALS IN THIRD COUNTRIES.—Notwithstanding section 212(0 
and section 243(g) of the Immigration and Nationality Act, on and 
after the date of the enactment of this Act, consular officers of the 
Department of State shall process immigrant visa applications by 
nationals of Cuba located in third countries on the same basis as 
immigrant visa applications by nationals of other countries. 
(c) DEFINITIONS.—For purposes of this section: 
(1) The term "process" means the acceptance and review of 
applications and the preparation of necessary documents and 
the making of appropriate determinations with respect to such 
applications. 
101 STAT. 1402 
PUBLIC LAW 100-204—DEC. 22, 1987 
Cambodia. 
Vietnam. 
Laos. 
Hong Kong. 
Indonesia. 
Singapore. 
Philippines. 
Thailand. 
Malaysia. 
s 
(2) The term "refugee" has the meaning given such term in 
section 101(a)(42) of the Immigration and Nationality Act. 
SEC. 904. INDOCHINESE REFUGEE RESETTLEMENT. 
, 
(a) FINDINGS.—It is the sense of the Congress that— 
(1) the continued occupation of Cambodia by Vietnam and the 
oppressive conditions within Vietnam, Cambodia, and Laos 
have led to a steady flight of persons from those countries, and 
the likelihood for the safe repatriation of the hundreds of 
thousands of refugees in the region's camps is negligible for the 
foreseeable future; 
(2) the United States has already played a major role in 
responding to the Indochinese refugee problem by accepting 
approximately 850,000 Indochinese refugees into the United 
States since 1975 and has a continued interest in persons who 
have fled and continue to flee the countries of Cambodia, Laos, 
and Vietnam; 
' 
(3) Hong Kong, Indonesia, Malaysia, Singapore, the Phil-
ippines, and Thailand have been the front line countries bear-
" ing tremendous burdens caused by the flight of these persons; 
(4) all members of the international community bear a share 
of the responsibility for the deterioration in the refugee first 
- asylum situation in Southeast Asia because of slow and limited 
procedures, failure to implement effective policies for the re-
gion's "long-stayer" populations, failure to monitor adequately 
refugee protection and screening programs, particularly along 
the Thai-Cambodian and Thai-Laotian borders, and the instabil-
ity of the Orderly Departure Program (ODP) from Vietnam 
, 
which has served as the only safe, legal means of departure 
from Vietnam for refugees, including Amerasians and long-held 
"reeducation camp" prisoners; 
(5) the Government of Thailand should be complemented for 
allowing the United States to process ration card holders in 
Khao I Dang and potentially qualified immigrants in Site 2 and 
in Khao I Dang; 
(6) given the serious protection problem in Southeast Asian 
first asylum countries and the need to preserve first asylum in 
the region, the United States should continue its commitment to 
an ongoing, generous admission and protection program for 
Indochinese refugees, including urgently needed educational 
programs for refugees along the Thai-Cambodian and Thai-
Laotian borders, until the underlying causes of refugee flight 
are addressed and resolved; 
' 
(7) the executive branch should seek adequate funding levels 
to meet United States policy objectives to ensure the well-being 
^ 
of Indochinese refugees in first asylum, and to process 29,500 
Indochinese refugees within the overall refugee admissions 
level of 68,000 as determined by the President; and 
(8) the Government of Thailand should be complimented for 
the progress that has been made in implementing an effective 
antipiracy program. 
(b) RECOMMENDATIONS.—The Congress finds and recommends the 
following with respect to Indochinese refugees: 
(1) The Secretary of State should urge the Government of 
Thailand to allow full access by highland refugees to the Lao 
Screening Program, regardless of the method of their arrival or 
the circumstances of their apprehension, and should intensify 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1403 
its efforts to persuade the Government of Laos to accept the safe 
return of persons rejected under the Lao Screening Program. 
(2) Refugee protection and monitoring activities should be 
expanded along the Thai-Laotian border in an effort to identify 
and report on incidents of refugees forcibly repatriated into 
Laos. 
(3) The Secretary of State should urge the Government of 
Thailand to address immediately the problems of protection 
associated with the Khmer along the Thai-Cambodian border. 
The Government of Thailand, along with appropriate inter-
national relief agencies, should develop and implement a plan 
to provide for greater security and protection for the Khmer at 
the Thai border. 
(4) The international community should increase its efforts to 
assure that Indochinese refugee camps are protected, that refu-
gees have access to a free market at Site 2, and that inter-
national observers and relief personnel are present on a 
24-hour-a-day basis at Site 2 and any other camp where it is 
deemed necessary. 
(5) The Secretary of State should make every effort to identify 
each person at Site 2 who may qualify for admission to the 
United States as an immigrant and for humanitarian parole. 
(6) The United Nations High Commissioner for Refugees 
should be pressed to upgrade staff presence and the level of 
advocacy to revive the international commitment with regard to 
the problems facing Indochinese refugees in the region, and to 
pursue voluntary repatriation possibilities in cases where mon-
itoring is available and the safety of the refugees is assured. 
(c) ALLOCATIONS OF REFUGEE ADMISSIONS.—Given the 
existing 
connection between ongoing resettlement and the preservation of 
first asylum, the United States and the United Nations High 
Commissioner for Refugees should redouble efforts to assure a stable 
and secure environment for refugees while dialog is pursued on 
other long-range solutions, it is the sense of the Congress that— 
(1) within the worldwide refugee admissions ceiling deter-
mined by the President, the President should continue to 
recommend generous numbers of admissions from East Asia 
first asylum camps and from the Orderly Departure Program 
sufficient to sustain preservation of first asylum and security 
for Indochinese in Southeast Asia, consistent with worldwide 
refugee admissions requirements and the consultative processes 
of the Refugee Act of 1980; 
(2) within the allocation made by the President for the Or-
derly Departure Program from Vietnam, the number of admis-
sions allocated for Amerasians and their immediate family 
members should also be generous; 
(3) renewed international efforts must be taken to address the 
problem of Indochinese refugees who have lived in camps for 3 
years or longer; and 
(4) the Secretary of State should urge the United Nations 
High Commissioner for Refugees to organize immediately an 
international conference to address the problems of Indochinese 
refugees. 
(d) REPORTING.—The President shall submit a report to Congress 
within 180 days after the date of the enactment of this Act on the 
respective roles of the Immigration and Naturalization Service and 
International 
organizations. 
International 
organizations. 
President of U.S. 
President of U.S. 
International 
organizations. 
President of U.S. 
101 STAT. 1404 
PUBLIC LAW 100-204—DEC. 22, 1987 
the Department of State in the refugee program with recommenda-
tions for improving the effectiveness and efficiency of the program. 
SEC. 905. AMERASIAN CHILDREN IN VIETNAM. 
(a) FINDINGS AND DECLARATIONS.—The Congress makes the follow-
ing findings and declarations: 
(1) Thousands of children in the Socialist Republic of Vietnam 
were fathered by American civilians and military personnel. 
(2) It has been reported that many of these Amerasian chil-
dren are ineligible for ration cards and often beg in the streets, 
peddle black market wares, or prostitute themselves. 
(3) The mothers of Amerasian children in Vietnam are not 
eligible for government jobs or employment in government 
enterprises and many are estranged from their families and are 
destitute. 
(4) Amerasian children and their families have undisputed 
ties to the United States and are of particular humanitarian 
concern to the United States. 
(5) The United States has a longstanding and very strong 
commitment to receive the Amerasian children in Vietnam, if 
they desire to come to the United States. 
(6) In September 1984, the United States informed the So-
cialist Republic of Vietnam that all Amerasian children in 
... ;.K', :. 
Vietnam, their mothers, and qualifying family members would 
be admitted as refugees to the United States during a three-year 
period. 
(7) Amerasian emigration from Vietnam increased signifi-
cantly in fiscal year 1985 under the Orderly Departure Program 
of the United Nations High Commissioner on Refugees. 
(8) On January 1, 1986, the Socialist Republic of Vietnam 
unilaterally suspended interviews of all individuals seeking to 
leave Vietnam legally under the auspices of the Orderly Depar-
ture Program for resettlement in the United States. 
(9) On the 19th and 20th of October 1987, the Socialist 
Republic of Vietnam permitted the United States to resume 
8 ' t . •?'i-;' 
interviewing Amerasians and their families. 
O
o
) SENSE OF THE CONGRESS.—It is the sense of the Congress that— 
(1) the United States should maintain its strong commitment 
to receive the Amerasian children in the Socialist Republic of 
Vietnam and their families; 
(2) the Socialist Republic of Vietnam should cooperate fully in 
facilitating the processing of all Amerasians who desire to be 
resettled in the United States; and 
aiJ i,. 1; -;; s!-! 
(3) the Socialist Republic of Vietnam should cooperate fully in 
the processing of Amerasians for emigration. 
Thailand. 
SEC. 906. REFUGEES FROM SOUTHEAST ASIA. 
Vietnam. 
(&) FINDINGS.—The Congress finds that— 
Laos. 
(1) the United States remains firmly committed to the secu-
rity of Thailand and to improving relations between our two 
nations; 
(2) the United States refugee resettlement and humanitarian 
assistance programs constitute an important factor in bilateral 
relations between the United States and Thailand; 
.c Jj "•:• 7
n ;:e 0 i 
(3) the preservation of first asylum for those fleeing persecu-
tion is one of the primary objectives of the United States 
_, refugee program; 
_ 
_ 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1405 
(4) the actions of another government in labeling refugee 
populations as "displaced persons" or closing its borders to new 
arrivals shall not constitute a barrier to the United States 
considering those individuals or groups to be refugees; 
(5) it is in the national interest to facilitate the reunification 
of separated families of United States citizens and perma-
nent residents, and the Congress will look with disfavor on 
any nation which seriously hinders emigration for such 
reunifications; 
(6) the persecution of the Cambodian people under the Khmer 
Rouge rule from 1975-1979, which caused the deaths of up to 
two million people and in which the bulk of the Khmer people 
were subjected to life in an Asian Auschwitz, constituted one of 
the clearest examples of genocide in recent history; and 
(7) the invasion of Cambodia by Vietnam and the subsequent 
occupation of that country by 140,000 Vietnamese troops back-
ing up the Heng Samrin regime, which itself continues to 
seriously violate the human rights of Cambodians, and the 
presence of 40,000 heavily armed troops under the control of the 
same Khmer Rouge leaders, overwhelmingly demonstrate that 
the life or freedom of any Cambodian not allied with the Khmer 
Rouge or supporting Heng Samrin would be seriously endan-
gered if such individual were forced by a country of first asylum 
to return to his or her homeland. 
(b) STATEMENT OF POLICY.—It is the sense of the Congress that— 
(1) any Cambodians who are, or had been, at Khao I Dang 
camp should be considered and interviewed for eligibility for the 
United States refugee program, irrespective of the date they 
entered Thailand or that refugee camp; 
(2) any Cambodian rejected for admission to the United States 
who can demonstrate new or additional evidence relating to his 
claim should have his or her case reviewed; 
(3) the United States should work with the United Nations 
High Commissioner for Refugees, the International Committee 
of the Red Cross, and the Government of Thailand to improve 
the security of all refugee facilities in Thailand and to prevent 
the forced repatriation of Cambodian refugees; 
(4) the United States should treat with utmost seriousness the 
continued reports of forced repatriations to Laos of would-be 
asylum seekers, and should lodge strong and continuous pro-
tests with the Thai Government to bring about an end to these 
repatriations, which endanger the life and safety of those invol-
untarily returned to Laos; and 
(5) within the Orderly Departure Program the United States 
will give high priority consideration to determining the eligi-
bility of serious health cases and cases involving children sepa-
rated from both parents. 
SEC. 907. RELEASE OF YANG WEI. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) Yang Wei, a Chinese national, studied at the University of 
Arizona from 1983 until he received his masters of science 
degree in microbiology in 1986. 
(2) In May 1986 Yang Wei returned to China to marry Dr. Che 
Shaoli and arrange for funding for his continued studies under 
a PhD program at the University of Arizona. 
Heng Samrin. 
International 
organizations. 
Children and 
youth. 
China. 
Education. 
Che Shaoli. 
101 STAT. 1406 
PUBLIC LAW 100-204—DEC. 22, 1987 
(3) On January 11, 1987, while still an official student at the 
University of Arizona, Yang Wei was arrested by the Shanghai 
Public Security Bureau. 
(4) Yang Wei has been held without charge or trial since 
January 11,1987. 
(5) Mr. Yang's wife, a student at Baylor Medical College in 
Houston, Texas, has been refused any information about her 
husband's whereabouts or condition by Chinese 
authorities. 
Yang Jue. 
(6) Mr. Yang's father, Yang Jue, and his mother Bi Shuyun, 
Bi Shuyun. 
have been denied all contact with their son. 
(7) The Chinese Criminal Procedure law of 1979, sections 92, 
97, 125, and 142 provides for a maximum of four and a half 
months of detention without charge or trial and Yang Wei has 
now been held over six months, contrary to Chinese law. 
fi 
(8) Yang Wei has not committed any crime under United 
States or Chinese law. 
(9) Yang Wei and his wife only aspire to freedom and 
democracy. 
(10) The treatment of Mr. Yang and his family is frightening 
to all Chinese students now studying in the West and meant to 
be so by Chinese authorities. 
(11) Recently more than two thousand Chinese students 
signed an open letter to express their concern about recent 
political developments in their country. 
(b) POLICY.—It is the sense of Congress that— 
(1) the People's Republic of China should immediately release 
Yang Wei; and 
(2) the United States should consider sympathetically applica-
tions for asylum from Chinese students studying in the United 
States who can, on a case-by-case basis, demonstrate a well-
founded fear of persecution. 
Anti-Terrorism 
Act of 1987. 
Palestine 
Liberation 
Organization. 
22 u s e 5201 
note. 
22 u s e 5201. 
TITLE X—ANTI-TERRORISM ACT OF 1987 
SEC. 1001. SHORT TITLE. 
This title may be cited as the "Anti-Terrorism Act of 1987". 
SEC. 1002. FINDINGS; DETERMINATIONS. 
(a) FINDINGS.—The Congress finds that— 
(1) Middle East terrorism accounted for 60 percent of total 
international terrorism in 1985; 
(2) the Palestine Liberation Organization (hereafter in this 
title referred to as the "PLO") was directly responsible for the 
murder of an American citizen on the Achille Lauro cruise liner 
in 1985, and a member of the PLO's Executive Committee is 
under indictment in the United States for the murder of that 
American citizen; 
(3) the head of the PLO has been implicated in the murder of 
a United States Ambassador overseas; 
(4) the PLO and its constituent groups have taken credit for, 
and been implicated in, the murders of dozens of American 
citizens abroad; 
(5) the PLO covenant specifically states that "armed struggle 
is the only way to liberate Palestine, thus it is an overall 
strategy, not merely a tactical phase"; 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1407 
(6) the PLO rededicated itself to the "continuing struggle in 
all its armed forms" at the Palestine National Council meeting 
in April 1987; and 
(7) the Attorney General has stated that "various elements of 
the Palestine Liberation Organization and its allies and affili-
ates are in the thick of international terror". 
(b) DETERMINATIONS.—Therefore, the Congress determines that 
the PLO and its affiliates are a terrorist organization and a threat to 
the interests of the United States, its allies, and to international law 
and should not benefit from operating in the United States. 
SEC. 1003. PROHIBITIONS REGARDING THE PLO. 
It shall be unlawful, if the purpose be to further the interests of 
the Palestine Liberation Organization or any of its constituent 
groups, any successor to any of those, or any agents thereof, on or 
after the effective date of this title— 
(1) to receive anything of value except informational material 
from the PLO or any of its constituent groups, any successor 
thereto, or any agents thereof; 
(2) to expend funds from the PLO or any of its constituent 
groups, any successor thereto, or any agents thereof; or 
(3) notwithstanding any provision of law to the contrary, to 
establish or maintain an office, headquarters, premises, or other 
facilities or establishments within the jurisdiction of the United 
States at the behest or direction of, or with funds provided by 
the Palestine Liberation Organization or any of its constituent 
groups, any successor to any of those, or any agents thereof. 
SEC. 1004. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General shall take the 
necessary steps and institute the necessary legal action to effectuate 
the policies and provisions of this title. 
(b) RELIEF.—Any district court of the United States for a district 
in which a violation of this title occurs shall have authority, upon 
petition of relief by the Attorney General, to grant injunctive and 
such other equitable relief as it shall deem necessary to enforce the 
provisions of this title. 
SEC. 1005. EFFECTIVE DATE. 
(a) EFFECTIVE DATE.—Provisions of this title shall take effect 90 
days after the date of enactment of this Act. 
(b) TERMINATION.—The provisions of this title shall cease to have 
effect if the President certifies in writing to the' President pro 
tempore of the Senate and the Speaker of the House that the 
Palestine Liberation Organization, its agents, or constituent groups 
thereof no longer practice or support terrorist actions anywhere in 
the world. 
22 u s e 5202. 
22 u s e 5203. 
Courts, U.S. 
22 u s e 5201 
note. 
TITLE XI—GLOBAL CLIMATE 
PROTECTION 
SEC. 1101. SHORT TITLE. 
This title may be cited as the "Global Climate Protection Act of 
1987". 
Global Climate 
Protection Act of 
1987. 
Environmental 
protection. 
Pollution. 
15 u s e 2901 
note. 
,!iOk-'«: '.•&'J:S£' 
101 STAT. 1408 
PUBLIC LAW 100-204—DEC. 22, 1987 
15 u s e 2901 
SEC. 1102. FINDINGS. 
.j 
The Congress finds as follows: 
' 
~ 
i 
.-• 
lls^ 
(1) There exists evidence that manmade pollution—the re-
ii 
lease of carbon dioxide, chlorofluorocarbons, methane, and 
t 
other trace gases into the atmosphere—may be producing a long-
term and substantial increase in the average temperature on 
Earth, a phenomenon known as global warming through the 
greenhouse effect. 
wu' 
(2) By early in the next century, an increase in Earth 
temperature could— 
(A) so alter global weather patterns as to have an effect 
on existing agricultural production and on the habitability 
•r f 
of large portions of the Earth; and 
a' 
(B) cause thermal expansion of the oceans and partial 
melting of the polar ice caps and glaciers, resulting in rising 
sea levels. 
?JSii 
(3) Important research into the problem of climate change is 
•,, .^ now being conducted by various United States Government and 
international agencies, and the continuation and intensification 
• ,,,. of those efforts will be crucial to the development of an effective 
United States response. 
(4) While the consequences of the greenhouse effect may not 
be fully manifest until the next century, ongoing pollution and 
deforestation may be contributing now to an irreversible proc-
ess. Necessary actions must be identified and implemented in 
time to protect the climate. 
International 
(5) The global nature of this problem will require vigorous 
organizations. 
' efforts to achieve international cooperation aimed at minimiz-
ing and responding to adverse climate change; such inter-
, 
national cooperation will be greatly enhanced by United States 
:,; 
leadership. A key step in international cooperation will be the 
meeting of the Governing Council of the United Nations 
Environment Program, scheduled for June 1989, which will 
' '^ • 
seek to determine a direction for worldwide efforts to control 
global climate change. 
(6) Effective United States leadership in the international 
arena will depend upon a coordinated national policy. 
15 u s e 2901 
SEC. 1103. MANDATE FOR ACTION ON THE GLOBAL CLIMATE. 
fnternational 
(^) GOALS OF UNITED STATES POLICY.—United States poHcy should 
agreements. 
seek to— 
Research and 
(1) increase worldwide understanding of the greenhouse effect 
Scr^nce'and^ 
and its environmental and health consequences; 
technology. 
(2) foster cooperation among nations to develop more exten-
sive and coordinated scientific research efforts with respect to 
the greenhouse effect; 
i. 
(3) identify technologies and activities to limit mankind's 
adverse effect on the global climate by— 
(A) slowing the rate of increase of concentrations of 
,,.;;• 
.. {:^ 
greenhouse gases in the atmosphere in the near term; and 
"
^
r
. . - , : . , 1 
(B) stabilizing or reducing atmospheric concentrations of 
' 
greenhouse gases over the long term; and 
(4) work toward multilateral agreements. 
President of U.S. 
(b) FORMULATION OF UNITED STATES POLICY.—The President, 
.^ 
., 
through the Environmental Protection Agency, shall be responsible 
for developing and proposing to Congress a coordinated national 
policy on global climate change. Such policy formulation shall con-
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1409 
sider research findings of the Committee on Earth Sciences of the 
Federal Coordinating Council on Science and Engineering Tech-
nology, the National Academy of Sciences, the National Oceanic and 
Atmospheric Administration, the National Science Foundation, the 
National Aeronautic and Space Administration, the Department of 
Energy, the Environmental Protection Agency, and other organiza-
tions engaged in the conduct of scientific research. 
(c) COORDINATION OF UNITED STATES POUCY IN THE INTERNATIONAL 
ARENA.—The Secretary of State shall be responsible to coordinate 
those aspects of United States policy requiring action through the 
channels of multilateral diplomacy, including the United Nations 
Environment Program and other international organizations. In the 
formulation of these elements of United States policy, the Secretary 
of State shall, under the direction of the President, work jointly with 
the Administrator of the Environmental Protection Agency and 
other United States agencies concerned with environmental protec-
tion, consistent with applicable Federal law. 
SEC 1104. REPORT TO CONGRESS. 
Not later than 24 months after the date of enactment of this Act, 
the Secretary of State and the Administrator of the Environmental 
Protection Agency shall jointly submit to all committees of jurisdic-
tion in the Congress a report which shall include— 
(1) a summary analysis of current international scientific 
understanding of the greenhouse effect, including its environ-
mental and health consequences; 
(2) an Eissessment of United States efforts to gain inter-
national cooperation in limiting global climate change; and 
(3) a description of the strategy by which the United States 
intends to seek further international cooperation to limit global 
climate change. 
SEC. 1105. INTERNATIONAL YEAR OF GLOBAL CLIMATE PROTECTION. 
In order to focus international attention and concern on the 
problem of global warming, and to foster further work on multilat-
eral treaties aimed at protecting the global climate, the Secretary of 
State shall undertake all necessary steps to promote, within the 
United Nations system, the early designation of an International 
Year of Global Climate Protection. 
SEC. 1106. CLIMATE 
PROTECTION 
AND 
UNITED 
STATES-SOVIET 
RELATIONS. 
In recognition of the respective leadership roles of the United 
States and the Soviet Union in the international arena, and of their 
joint role as the world's two major producers of atmospheric pollut-
ants, the Congress urges that the President accord the problem of 
climate protection a high priority on the agenda of United States-
Soviet relations. 
President of U.S. 
15 u s e 2901 
note. 
15 u s e 2901 
note. 
Union of Soviet 
Socialist 
Republics. 
15 u s e 2901 
note. 
TITLE XII—REGIONAL FOREIGN 
RELATIONS MATTERS 
PART A—SOVIET UNION AND EASTERN EUROPE 
SEC. 1201. SOVIET BALLISTIC MISSILE TESTS NEAR HAWAII. 
(a) FINDINGS.—The Congress finds that— 
101 STAT. 1410 
PUBLIC LAW 100-204—DEC. 22, 1987 
President of U.S. 
Reports. 
Classified 
information. 
Human rights. 
(1) the Union of Soviet Socialist Republics and the United 
States are presently negotiating a reduction of nuclear weapons 
and have recently concluded an agreement with respect to 
reducing the risks of accidental nuclear war; 
(2) the Soviet Union has recently conducted two tests of its 
heavy intercontinental ballistic missiles over trajectories simi-
lar to those which could be used in actual attacks on the 
Hawaiian Islands; 
(3) the announced impact points for reentry vehicles from 
these tests could have resulted in the overflight of sovereign 
United States territory, namely the Hawaiian Islands; 
(4) the Soviet Union reportedly encrypted telemetry from the 
flight tests in potential violation of the provisions of bilateral 
arms control agreements; 
(5) the Soviet Union used a directed energy device, believed to 
be a laser, to irradiate a United States military aircraft in 
international airspace that was monitoring the tests, having the 
potential effect of interfering with our national technical means 
of verification; 
(6) had this test misfired, Soviet ballistic missile test reentry 
vehicles could have landed among the Hawaiian Islands; and 
(7) the United States does not test strategic missiles in the 
direction of or in close proximity to sovereign Soviet territory. 
(b) SENSE OF THE CONGRESS.—It is the sense of the Congress that— 
(1) the actions of the Soviet Union in testing intercontinental 
ballistic missiles in the Hawaiian region and irradiating United 
States monitoring aircraft are provocative, unnecessary, and 
inconsistent with behavior designed to reduce the risk of nu-
clear war; 
(2) the United States Government— 
(A) should officially and at the highest levels protest 
these actions by the Soviet Union and should inform the 
Soviet Union that it cannot tolerate flight tests in close 
' 
proximity to sovereign United States territory or inter-
ference with United States monitoring aircraft; and 
(B) should seek Soviet assurances that such missile test-
ing near United States territory and irradiation of United 
'* 
States territory and irradiation of United States aircraft 
will not occur in the future; and 
(3) the President should, within 10 days of the date of enact-
ment of this Act, report to the Congress in both classified and 
unclassified form, on— 
(A) the details of these Soviet missile tests, including the 
irradiation of the United States monitoring aircraft; 
(B) Soviet explanations offered in response to United 
States protests; and 
(C) what steps will be taken to ensure that such activities 
will not happen in the future. 
SEC. 1202. EMIGRATION OF JEWS AND OTHERS WHO WISH TO EMIGRATE 
FROM THE SOVIET UNION. 
It is the sense of the Congress that the Government of the Soviet 
Union should— 
(1) permit the emigration of Jews and others who wish to 
emigrate from the Soviet Union; 
(2) remove restrictions on the practice of religion and the 
exercise of cultural rights; and 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1411 
(3) cease the official harassment of individuals who wish to 
emigrate, practice their religion, exercise their cultural rights, 
or engage in free intellectual pursuits. 
SEC. 1203. SYSTEMATIC NONDELIVERY OF INTERNATIONAL MAIL AD-
DRESSED TO CERTAIN PERSONS RESIDING WITHIN THE 
SOVIET UNION. 
It is the sense of the Congress that— 
(1) the President should express to the Government of the 
Soviet Union the disapproval of the United States regarding the 
systematic nondelivery of international mail; and 
(2) at the Congress of the Universal Postal Union in Washing- 
International 
ton, District of Columbia, in 1989, the Department of State 
organizations. 
should bring to the attention of other member countries of the 
Universal Postal Union patterns of nondelivery of international 
mail by the Soviet Union contrary to the Acts of the Universal 
Postal Union and the delegation of the United States should ask 
other member countries to support the adoption of amendments 
to the Universal Postal Convention and other measures to 
encourage improved postal performance by the Soviet Union. 
SEC. 1204. UNITED STATES POLICY AGAINST PERSECUTION OF CHRIS- 
Human rights. 
TIANS IN EASTERN EUROPE AND THE SOVIET UNION. 
It is the sense of the Congress that— 
(1) the President should continue to express to the govern-
ments of the Union of Soviet Socialist Republics and Eastern 
European countries the deep concern and opposition of the 
United States with respect to the harassment of Christians and 
other religious believers; 
(2) the governments of the Union of Soviet Socialist Republics 
International 
and Eastern European countries should comply with their 
organizations, 
commitments under the United Nations Universal Declaration 
of Human Rights, the International Covenants on Human 
Rights, the Final Act of the Conference on Security and Co-
operation in Europe, and the Madrid Concluding Document; and 
(3) the governments of the Union of Soviet Socialist Republics 
and Eastern European countries should immediately cease 
persecuting individuals on the basis of their faith and should 
afford Christians and other believers their internationally rec-
ognized right to freedom of religion. 
SEC. 1
2
0
5
. 
OBSERVANCE BY THE GOVERNMENT OF ROMANIA OF THE 
HUMAN 
RIGHTS 
OF 
HUNGARIANS 
I
N 
TRANSYLVANIA. 
The Congress deplores activities of the Government of the So-
cialist Republic of Romania restricting the internationally recog-
nized human rights of Hungarians and other nationalities in 
Transylvania and elsewhere in Romania. 
SEC. 1206. SELF-DETERMINATION OF THE PEOPLE FROM THE BALTIC 
Human rights. 
STATES OF ESTONIA, LATVIA, AND LITHUANIA. 
It is the sense of the Congress that— 
(1) the continuing desire and right of the people of the Baltic 
States of Estonia, Latvia, and Lithuania for freedom and 
independence from the Soviet Union should be recognized; and 
(2) the President should— 
(A) direct world attention to the right of self-determina-
tion of the people of the Baltic States by issuing on July 26, 
101 STAT. 1412 
PUBLIC LAW 100-204—DEC. 22, 1987 
1988, a statement that officially informs all member na-
tions of the United Nations of the support of the United 
States for self-determination of all peoples £ind nonrecogni-
^ 
tion of the forced incorporation of the Baltic States into the 
J:., 
Soviet Union; 
' 
(B) call attention to violations of internationally recog-
nized human rights in the Baltic States; and 
(C) promote compliance with the human rights and 
humanitarian provisions of the Helsinki Final Act of the 
Conference on Security and Cooperation in Europe in the 
Baltic States. 
; , ; 
,' '' 
SEC. 1207. ASSISTANCE IN SUPPORT OF DEMOCRACY IN POLAND. 
(a) SUPPORT FOR SOUDARITY.—It is the sense of the Congress 
that— 
(1) Solidarity deserves special praise and recognition as the 
only free and independent trade union in Poland; 
' 
(2) Solidarity reflects the Polish people's desire for free and 
J 
democratic institutions and activities; and 
(3) Solidarity is one of the leading democratic representatives 
of the Polish working people. 
-^' V ' . 
(b) ASSISTANCE IN SUPPORT OF DEMOCRACY IN POLAND.—Notwith-
standing any other provision of law, of the amounts authorized to be 
appropriated to carry out chapter 4 of part II of the Foreign 
Assistance Act of 1961 (relating to the economic support fund) for 
fiscal year 1988, not less than $1,000,000 shall be available only for 
the unconditional support of democratic institutions and activities 
in Poland. 
PART B—LATIN AMERICA AND CUBA 
International 
SEC. 1211. CUBAN HUMAN RIGHTS VIOLATIONS AND THE FAILURE OF THE 
organizations. 
UNITED NATIONS TO PLACE CUBA ON ITS HUMAN RIGHTS 
AGENDA. 
L (a) FINDINGS.—The Congress finds that— 
(1) the Universal Declaration of Human Rights, which was 
€ 
adopted and proclaimed by the General Assembly of the United 
Nations, states in paragraph 2 of Article 13 that "Everyone has 
the right to leave any country, including his own, and to return 
to his country"; 
(2) the Universal Declaration of Human Rights states in 
Article 19 that "Everyone has the right to freedom of opinion 
and expression; this right includes freedom to hold opinions 
without interference and to seek, receive, and impart informa-
tion and ideas through any media regardless of frontiers"; 
r 
(3) the Government of Cuba h£is violated the Cuban people's 
internationally recognized human rights, including freedom of 
. 
„ fj 
' 
movement, emigration, opinion, and expression; 
"' 
'^ ' ' 
(4) Cuban human rights violations are a major obstacle to 
improved United States-Cuban relations; and 
(5) the United Nations Human Rights Commission has acted 
selectively in addressing human rights violations in various 
countries and has failed to place Cuba on its agenda despite 
i 
overwhelming evidence of the continuing disregard and system-
atic abuse of internationally recognized human rights by the 
Government of Cuba. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1413 
(1) the Government of Cuba should respect internationally 
recognized human rights, including freedom of movement, 
emigration, opinion, and expression; and 
(2) the United States delegation to the United Nations should 
continue its commendable efforts to bring this issue before the 
attention of the United Nations and to place Cuban human 
rights abuses on the agenda of the United Nations Human 
Rights Commission. 
(c) DISTRIBUTION OF TEXT TO U.N. 
MEMBERS.—The Secretary of 
State shall cause the text of this section to be circulated by the 
United States among the members of the United Nations in order to 
highlight Cuba's behavior in violation of the Universal Declaration 
of Human Rights. 
SEC. 1212. PARTIAL LIFTING 
OF 
THE TRADE 
EMBARGO AGAINST 
NICARAGUA. 
It is the sense of Congress that the President should exempt from 
the trade embargo against Nicaragua those items which would 
benefit Nicaragua's independent print and broadcast media, private 
sector and trade union groups, nongovernmental service organiza-
tions, and the democratic civic opposition. 
SEC. 1213. TERRORIST BOMBING IN HONDURAS. 
(a) FINDINGS.—The Congress finds that— 
(1) a terrorist bomb exploded on August 8, 1987, in the China 
Palace restaurant in Comayagua, Honduras; 
(2) the bomb was directed at American soldiers and did in fact 
wound American soldiers and an American contractor; 
(3) the United States military personnel were in Honduras 
Eissigned to Joint Task Force Bravo; 
(4) Honduran authorities have named Alfonso Guerrero Ulloa 
as a suspect in this act of terrorism and have a warrant for his 
arrest; 
(5)" the Government of Mexico, contrary to accepted norms of 
international law on harboring terrorists, has granted asylum 
to Mr. Guerrero; and 
(6) the United States Government has protested to the 
Government of Mexico. 
OJ) STATEMENT OF POLICY.—It is the sense of the Congress that— 
(1) the United States Congress deplores the harboring of 
international terrorists, and 
(2) the United States Government should call upon the 
Government of Mexico to turn Mr. Guerrero over to the Govern-
ment of Honduras. 
SEC. 1214. HUMAN RIGHTS IN PARAGUAY. 
(a) FINDINGS.—The Congress finds that— 
(1) the Government of Paraguay systematically has violated 
the internationally recognized human rights of its citizens; 
(2) various provisions of Paraguayan law provide for the 
detention of individuals without trial for an indefinite period of 
time; 
(3) the police authorities in Paraguay arbitrarily arrest and 
detain individuals; and 
(4) the police authorities have tortured and abused prisoners, 
resulting in the death of a number of detainees. 
Alfonso 
Guerrero 
Ulloa. 
Mexico. 
101 STAT. 1414 
PUBLIC LAW 100-204—DEC. 22, 1987 
Union of Soviet 
Socialist 
Republics. 
Cuba. 
President of U.S. 
President of U.S. 
Mikhail 
Gorbachev. 
South Africa. 
(b) SENSE OF CONGRESS.—The Congress expresses its outrage at the 
human rights abuses specified in subsection (a), pledges to contin-
ually speak out against all governments which commit such abuses, 
and urges the Government of Paraguay to respect the internation-
ally recognized human rights of its citizens. 
PART C—AFRICA 
SEC. 1221. HUMAN RIGHTS IN ETHIOPIA. 
(a) FINDINGS.—The Congress finds that— 
(1) the Government of Ethiopia has systematically violated 
the internationally recognized human rights of its citizens; 
(2) the Government of Ethiopia holds large numbers of politi-
cal prisoners and regularly detains without trial many other 
political opponents of the government; 
(3) the Government of Ethiopia engages in torture and ill-
treatment of political prisoners; 
(4) reliable reports indicate that many political opponents of 
the Government of Ethiopia "disappear' and that approxi-
mately sixty political prisoners were executed in October 1985 
without benefit of trial; and 
(5) over one million Ethiopians have fled the country. 
(b) SENSE OF CONGRESS.—The Congress expresses its outrage at the 
human rights abuses specified in subsection (a), pledges to contin-
ually speak out against all governments which commit such abuses, 
and urges the Government of Ethiopia to respect the internationally 
recognized human rights of its citizens. 
SEC. 1222. UNITED STATES POLICY ON ANGOLA. 
(a) FINDINGS.—The Congress finds that— 
(1) it is in the interest of peace and economic development in 
southern Africa for the President and the Secretary of State to 
discuss the conflict in Angola with Soviet leaders; 
(2) the President has stated that the resolution of regional 
conflicts such as Angola, Afghanistan, and Nicaragua is critical 
to improvements in Soviet-American relations; 
(3) the proposed summit between President Reagan and Sec-
retary General Gorbachev provides the United States with an 
opportunity to encourage complete Soviet-Cuban withdrawal 
from Angola, the possible provision of humanitarian assistance, 
and the holding of free and fair elections; 
(4) the Marxist regime in Angola known as the Popular 
Movement for Liberation of Angola (hereafter in this section 
referred to as the "MPLA") is currently launching a major dry-
sesison offensive against the opposition involving thousands of 
Cuban troops and billions of dollars in sophisticated Soviet 
weaponry; 
(5) the people of Angola are starving because of the hardships 
resulting from 12 years of civil war and inefficient Marxist 
economic policies; 
(6) the MPLA regime has turned to the international commu-
nity for substantial food aid while continuing to spend most of 
Angola's national budget on sustaining the war effort, including 
payments for Cuban troops and Soviet arms; and 
(7) the growing intensity of the war, the starvation and 
mounting suffering of the Angolan people, the continued pres-
ence in Angola of 37,000 Cuban combat troops and South Afri-
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1415 
can forces, the continued presence and active involvement of 
2,500 Soviet military advisers, and the refusal of the MPLA to 
negotiate with the opposition, increase the urgency of reaching 
a peaceful solution. 
O
t
>
) PoucY.—It is the sense of the Congress that— 
(1) the United States should continue to work toward a peace-
ful resolution to the Angolan conflict that includes— 
(A) the complete withdrawal of all foreign forces and 
Soviet military advisers; 
(B) a negotiated settlement to the 12-year conflict leading 
to the formation of a government of national unity and the 
holding of free and fair elections; and 
(C) efforts by the President and the Secretary of State to President of U.S. 
convey to Soviet leaders at the proposed summit and in 
other meetings that the aggressive military build-up in 
^,, 
Angola undermines positive bilateral relations and that the 
. V 
United States is committed to supporting democratic forces 
in Angola until democracy is achieved; 
(2) the people of Angola should not be left to starve because of Human rights. 
the MPLA regime; 
(3) the United States should consider responding to the 
Human rights. 
humanitarian needs of the Angolan people, and if humanitarian 
assistance is provided, such assistance should be distributed in 
an evenhanded manner, so that Angolans throughout the entire 
war-torn country are provided with food and basic medical care; 
(4) any humanitarian 
assistance should be distributed 
through private and voluntary organizations or nongovern-
mental organizations; and 
(5) within 180 days after the date of the enactment of this Act, 
the Secretary of State should prepare and transmit to the 
Congress a report detailing the progress of discussions between 
the Soviet Union and the United States on the conflict in 
Angola. 
SEC. 1223. FORCED DETENTION BY THE AFRICAN NATIONAL CONGRESS 
AND THE SOUTH AFRICAN GOVERNMENT. 
Not later than 90 days after the date of enactment of this Act, the 
Secretary of State shall submit a report to the Congress on any 
detention camps maintained by the African National Congress and 
on detention in South Africa since the South African Government 
enacted a State of Emergency in June 1986. 
SEC. 1224. DETENTION OF CHILDREN IN SOUTH AFRICA. 
Human rights. 
(a) FINDINGS.—The Congress finds that— 
(1) the Government of the Republic of South Africa under its 
system of apartheid repeatedly has detained black children 
without charge or trial, and has denied parental access to these 
children for extended periods of time; 
(2) the Detainees' Parents' Support Committee of South 
Africa has compiled information estimating that more than 
25,000 people were detained since June 12, 1986, under state of 
emergency regulations, and approximately 10,000 of these were 
children, including some as young as age 10; 
(3) the Government of the Republic of South Africa has stated 
on numerous occasions that it has detained children without 
charge, and that on a certain day in December 1986, 256 chil-
dren under the age of 16 were in detention; that on a certain 
Reports. 
Human rights. 
Reports. 
ftj^l.. 
101 STAT. 1416 
PUBLIC LAW 100-204—DEC. 22, 1987 
day in February 1987, 281 children under the age of 15 were in 
detention; that on a certain day in April 1987, 1,424 children 
under the age of 18 were in detention; and that on a certain day 
in May 1987, 280 children under the age of 16 were in detention; 
and that as of June 2, stated that eleven children under the age 
of 16 were in detention; and as of October, 69 children under the 
age of 18 are still in detention; and 
(4) human rights groups in South Africa estimate that many 
more children have been detained under state of emergency 
regulations than the Government of the Republic of South 
Africa admits; 
(5) the state of emergency regulations allow for the detention 
' 
of individuals without charge for an indefinite period of time; 
and 
Edward J. 
(6) the United States Ambassador to South Africa Edward J. 
Perkins. 
Perkins has stated that such detentions are "a most serious 
abuse of human rights, particularly so where detednees are 
children as young as 11". 
'''''- " 
(b) PoucY.—The Congress hereby— 
(1) calls for the cessation of the practice of detaining children 
under 18 years of age without charge or trial in South Africa; 
(2) calls for the South African Government either to release 
all children in South Africa held under state of emergency 
regulations and other laws which authorize detention without 
charge or, in those cases where an internationally recognized 
criminal act has allegedly been committed, charge them and 
allow them their rights of a fair and public trial; 
^ 
(3) pending the release of the children, calls on the Govern-
ment of the Republic of South Africa to— 
(A) permit the detained children immediate and frequent 
,, 
access to parents and legal counsel; 
(B) make public the names and locations of all the 
detained children; 
5 
^ 
if^w- 
(C) provide the detained children with adequate food, 
clothing, and protection; and 
^_ff 
(D) permit a recognized, independent, and impartial 
international humanitarian organization to verify that the 
provisions of this section are being carried out and that the 
jf, ^ 
detained children are not being abused, tortured, or held in 
solitary confinement, and are not being held in detention in 
the company of adults; and 
.5,, I-: .'NT' M 
(4) calls for the apprehension and trial of all those individuals 
who execute children by violent activities, including necklacing, 
and the cessation of these activities. 
- 
PART D—MIDDLE EAST 
v 
International 
SEC. 1231. MIDDLE EAST PEACE CONFERENCE. 
israeT^^ ^°"^ 
(a) FINDINGS.—The Congress finds that— 
Union of Soviet 
(1) the General Assembly of the United Nations recognized 
Socialist 
the sovereignty of the State of Israel through Resolution 181 of 
Kepubhcs. 
jg^rj ^^^ ^y^e right of all Israeli citizens to live within secure and 
recognized boundaries through Resolutions 242 and 338 of 1973; 
(2) the Government of the Soviet Union severed diplomatic 
relations with the State of Israel in 1967 and has opposed every 
recent United States initiative for direct, bilateral negotiations 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1417 
among the warring parties of the Middle East including the 
Camp David accords of 1979 and the Reagan plan of 1982; 
(3) the Government of the Soviet Union has further dem-
onstrated its lack of respect for the integrity of the Israeli state 
by systematically denying exit visas to Soviet Jews who wish to 
live and work in the State of Israel; and 
(4) a permanent and equitable settlement of the Middle East-
ern conflict can result only from agreements between the Arab 
States and Israel. 
(b) POLICY.—It is the sense of the Congress that the United States 
should not actively encourage the participation of the Soviet Union 
in any conference, meeting, or summit on the Arab-Israeli conflict 
which includes nations other than those in the Middle East unless 
the Government of the Soviet Union has either— 
(IXA) reestablished diplomatic relations with the State of 
Israel at the ambassadorial level; 
(B) publicly reaffirmed its acceptance of United Nations Reso-
lutions 242 and 338; and 
(C) substantially increased and maintained the number of exit 
visas granted to Jewish individuals and families within the 
Soviet Union who have applied for emigration to the State of 
Israel; or 
(2) been jointly invited by the governments of the states in the 
region involved in the talks. 
SEC. 1232. UNITED STATES POLICY TOWARD LEBANON. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) After nearly 13 years of civil conflict and foreign interven-
tion, the situation in Lebanon appears no closer to resolution. 
(2) Through most of the last dozen years, the Lebanese have 
managed to continue economic activity sufficient to stave off 
economic collapse and provide its citizens with basic necessities. 
(3) During the past year, however, the collapse in the v£due of 
the Lebanese pound from less than 40 to the dollar to nearly 300 
has made the importation of wheat, rice, and other basic 
commodities prohibitively expensive. 
(4) As a result, for the first time, the Lebanese are faced with 
the prospect of starvation. 
(5) Hizballah and other radical elements are taking advantage 
of the current economic crisis by providing foreign supplied 
food. In so doing, they are winning converts to their cause and 
radicalizing the youth. 
(6) It is in the interest of the United States to support the 
traditional Lebanese free enterprise system of distribution of 
food which until now has been able to compete successfully with 
these radical movements. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that the 
United States should base its policy toward Lebanon on the follow-
ing principles: 
(1) Preservation of the unity of Lebanon. 
(2) Withdrawal of all foreign forces from Lebanon. 
(3) Recognition of and respect for the territorial integrity of 
Lebanon. 
(4) Reassertion of Lebanese sovereignty throughout the nation 
and recognition that it is the responsibility of the Government 
of Lebanon for its safekeeping. 
Human rights. 
Human rights. 
Agriculture and 
agricultural 
commodities. 
Hunger. 
101 STAT. 1418 
PUBLIC LAW 100-204—DEC. 22, 1987 
Armed Forces. 
Iran. 
President of U.S. 
Terrorism. 
(5) Reestablishment of the authority of the Government of 
Lebanon throughout the nation is a prerequisite for a lasting 
' 
solution to the problem of international terrorism emanating 
from Lebanon. 
(c) FURTHER SENSE OF CONGRESS.—It is the further sense of Con-
gress that the provision of at least 200,000 tons of wheat and 30,000 
tons of rice through Public Law 480, title I and section 416 of the 
Agriculture Act of 1949 to the Government of Lebanon is in the 
interest of the United States. Provision of this assistance will meet 
the United States policy objective of strengthening the Central 
Government as well as helping alleviate a serious hunger problem. 
Maritime affairs. 
SEC. 1233. ACTING IN ACCORDANCE WITH INTERNATIONAL LAW IN THE 
PERSIAN GULF. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) According to Article 2 of the 1958 Geneva Convention on 
the High Seas, every state is entitled to exercise free and open 
use of the high seas for the navigation of its vessels. 
(2) On September 22, 1987, United States Navy forces discov-
ered the Iranian ship Iran Ajr laying mines in international 
waters of the Persian Gulf, and fired upon that ship to help 
terminate the mining. 
(3) On September 23, 1987, President Reagan declared that 
this United States action was "authorized by law", and a state-
ment was issued by the State Department that the United 
States had the right under international law to use "reasonable 
and proportionate force" to terminate the mining. 
(b) POLICY.—It is the sense of the Congress that— 
(1) by mining the high seas of the Persian Gulf without 
notifying nonbelligerent nations engaged in maritime com-
merce, the Government of Iran violated international law; 
(2) the use of force by the United States Navy to terminate 
that Iranian mining was justified under international law; and 
(3) fostering broader adherence to international law promotes 
the security interests of the United States. 
SEC. 1234. UNITED STATES POLICY TOWARD THE IRAN-IRAQ WAR. 
(a) FINDINGS.—The Congress finds that— 
(1) the continuation of the Iran-Iraq war threatens the secu-
rity and stability of all states in the Persian Gulf; 
(2) stability in the Persian Gulf and the flow of oil is critical to 
world trade and the economic health of the West; 
(3) the conflict between Iran and Iraq threatens United States 
strategic and political interests in the region; 
(4) the conflict threatens international commercial shipping 
interests and activities; and 
(5) the Iran-Iraq war has continued seven years with more 
than 1,500,000 casualties. 
(b) POLICY.—The Congress declares it to be the policy of the 
United States consistent with United Nations Security Council 
Resolution 598— 
(1) to support the withdrawal of both Iran and Iraq to inter-
nationally recognized boundaries; 
(2) to support an immediate cease-fire; 
(3) to endorse the peaceful resolution of this conflict under the 
auspices of the United Nations; 
Iran. 
Armed Forces. 
Petroleum and 
petroleum 
products. 
International 
organizations. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1419 
(4) to encourage all governments to refrain from providing 
military supplies to any party which refuses to abide by United 
Nations Security Council Resolution 598; 
(5) to recognize that stability and security in the Persian Gulf 
Terrorism. 
will only be achieved if Iran and Iraq are at peace and agree not 
to interfere in the affairs of other nations through military 
action or the support of terrorism; and 
(6) to urge strict observance of international humanitarian 
law by both sides and to support financially the International 
Committee of the Red Cross' special appeal for prisoners of war. 
SEC. 1235. IRAN HUMAN RIGHTS VIOLATIONS. 
(a) FINDINGS.—The Congress finds that— 
International 
(1) the United Nations has passed nine resolutions condemn- 
organizations. 
ing the violation of human rights in Iran; 
(2) the United Nations Subcommission on Prevention of 
Discrimination and Protection of Minorities stressed in Resolu-
tion 1987-12 that to date, more than two-hundred thousand 
Iranians have been imprisoned, tortured or executed because of 
.: ., 
their beliefs; 
(3) the United Nations Commission on Human Rights con-
firms seven thousand executions in Iran between 1978 and 1985, 
and attests that the actual number is probably much higher; 
(4) despite the persistent requests over the past six years by 
the United Nations and by many human rights organizations 
that the Iranian Government allow a special representative of 
the United Nations Security Council to inspect Iranian prisons 
and to determine the true extent of torture in Iran, such 
requests have been ignored by the Iranian Government; 
(5) executions, including executions of children and members 
of religious minorities, still take place in Iran; 
(6) the Khomeini government has brought the domestic econ- 
, , 
^ 
omy of Iran to the brink of ruin by pouring the resources of the 
'" 
.^" " 
country into war making; 
(7) Iran has rejected all proposals to end the seven year Iran-
Iraq war; 
(8) Iran has not responded positively to United Nations 
Security Council Resolution 598 which calls for an end to the 
Iran-Iraq war; 
(9) the Khomeini government continues to attack and intimi-
date the other countries of the Persian Gulf region; and 
(10) it is known that the Khomeini government supports 
Terrorism, 
terrorism and has used hostage taking as an instrument of 
foreign policy. 
(b) POLICY.—Now, therefore, the Congress-
C
D expresses concern for those citizens who must endure war 
and unprecedented repression; 
(2) supports an official United States policy of completely 
halting the shipment of any kind of armament to the Govern-
ment of Iran; and 
(3) urges that the President continue to make every effort to 
President of U.S. 
cooperate with the other nations of the United Nations to bring 
about an end to government sponsored torture in Iranian pris-
ons, to pressure Iran to permit inspection of Iranian prisons by 
an international delegation, and to respect internationally rec-
ognized human rights. 
101 STAT. 1420 
PUBLIC LAW 100-204—DEC. 22, 1987 
Human rights. 
SEC. 1236. IRANIAN PERSECUTION OF THE BAHA'IS. 
(a) POLICY.—It is the sense of the Congress that— 
(1) the Government of Iran has systematically discriminated 
.nr c-r/[ 
< 
against the Baha'i community, including the arbitrary deten-
tion, torture, and killing of Baha'is, the seizure of Baha'i prop-
erty, and the outlawing of the Baha'i faith; and 
(2) Iran's gross violations of the human rights of the Baha'i 
community are in direct contravention of the Charter of the 
* 
United Nations and the United Nations Declaration of Human 
Rights. 
OJ) IMPLEMENTATION OF POLICY.—It is the sense of Congress that 
the President shall take all necessary steps to focus international 
attention on the plight of the Baha'i community and to bring 
pressure to bear on the Government of Iran to cease its insidious 
policy of persecution. 
PARTE—ASIA 
Human rights. 
SEC. 1241. SOVIET OCCUPATION OF AFGHANISTAN. 
(a) FINDINGS ON SOVIET ACTIONS IN AFGHANISTAN.—The Congress 
finds that— 
(1) the Soviet Union has been waging war against the people 
of Afghanistan since the invasion of December 25,1979; 
(2) the victims of the Soviet invasion emd occupation include 
more than 1,000,000 dead and more than 3,000,000 Afghans 
forced to find refuge in neighboring countries; 
(3) Soviet military tactics have included the bombing and 
napalming of villages without regard to the human toll, the 
destruction of crops, agricultural land, and orchards so as to 
create famine conditions, and the massacre of hostages and 
other innocent civilians; 
Children and 
(4) children have been particular victims of Soviet aggression, 
youth. 
with some being targeted for death by the dropping of booby-
trapped toys while other children have been transported to the 
Soviet Union for indoctrination; 
(5) the Soviet-installed puppet regime has engaged in a 
consistent pattern of gross violations of the human rights of its 
own citizens, including torture and summary execution, for 
^ 
which its Soviet sponsors must also be held accountable; and 
(6) Soviet actions in Afghanistan constitute a violation of 
international law and of accepted norms of human decency and, 
' " 
' 
therefore, must be condemned by civilized people ever3rwhere. 
ft)) FINDINGS ON THE AFGHAN RESISTANCE.—The Congress further 
finds that— 
(1) the Afghan people have heroically resisted the Soviet 
'* 
invaders in spite of the tremendous cost of so doing and now 
control most of their homeland; 
•
: • 
(2) the provision of effective assistance to the Afghan people is 
••'' an obligation of those who cherish freedom; 
(3) a total and prompt withdrawal of all Soviet forces from 
? ~ ' 
! 
Afghanistan is essential in order for the Afghan people to 
exercise their inalienable human right to self-determination; 
and 
(4) a negotiated settlement providing for the total and prompt 
withdrawal of Soviet forces offers the best prospect for an early 
end to the suffering of the Afghan people. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1421 
(c) DECLARATION OF POLICY.—The Congress, therefore, declares it 
to be the policy of the United States— 
(1) to provide such assistance to the Afghan people as will 
most effectively help them resist the Soviet invaders; 
(2) to support a negotiated settlement to the Afghanistan war 
- providing for the prompt withdrawal of all Soviet forces from 
"' '"'-' 
Afghanistan within a time frame based solely on logistical 
criteria; and 
(3) to communicate clearly to the Government and people of 
the Soviet Union the necessity of a Soviet withdrawal from 
Afghanistan as a condition for better relations between the 
United States and the Soviet Union. 
(d) PROVISION OF ASSISTANCE.—The President and Secretary of President of U.S. 
State are directed to adopt policies and programs to ensure that all 
assistance intended for the Afghan people reaches its intended 
recipients and that theft or diversion of such assistance not be 
tolerated. 
SEC. 1242. REPORT ON ADMINISTRATION POLICY ON AFGHANISTAN. 
(a) FINDINGS.—The Congress finds that— 
(1) each of the substantive sanctions imposed on the Soviet 
Union by the United States to protest the Soviet invasion of 
Afghanistan have been lifted; 
(2) although the administration's policy on Afghanistan states 
\ 
that only "steadily increasing pressure on all fronts—military, 
political, diplomatic—will induce the Soviets to make the politi-
cal decision to negotiate the withdrawal of their forces", politi-
cal and diplomatic pressures on the Soviet Union have 
decreased rather than increased; 
(3) in the absence of a coordinated and aggressive policy by 
- 
the administration regarding the war in Afghanistan, the Con-
gress has been forced to unilaterally implement numerous pro-
^ J grams to bring "steadily increasing pressure" to bear on the 
Soviet Union; and 
(4) despite the failure of Soviet troops to withdraw from 
Afghanistan, and the serious deterioration with regard to the 
situation of human rights in Afghanistan, the administration is 
planning to lift further sanctions and initiate increasing areas 
of cooperation with the Soviet Union. 
(b) REPORT TO CONGRESS.—(1) Not later than 60 days after the date 
of the enactment of this Act, the Secretary of State shall provide the 
chairman of the Senate Foreign Relations Committee and the 
chairman of the House Foreign Affairs Committee with a report 
listing each sanction imposed against the Soviet Union by the 
United States since the first anniversary of the Soviet invasion of 
Afghanistan, a detailed explanation for the lifting of each sanction, 
and a detailed analysis of the benefit to the Soviet Union incurred 
by the lifting of each sanction. 
(2) Not later than 60 days after the date of the enactment of this 
Act, the Secretary of State shall provide the chairman of the Senate 
Foreign Relations Committee and the chairman of the House For-
eign Affairs Committee a comprehensive list of all areas of ongoing 
cooperation that could be withheld from the Soviet Union. 
(3) Not later than 60 days after the date of the enactment of this 
Act, the Secretary of State shall provide the chairman of the Senate 
Foreign Relations Committee and the chairman of the House For-
eign Affairs Committee with a detailed and comprehensive report in 
Union of Soviet 
Socialist 
Republics. 
Human rights. 
Classified 
information. 
101 STAT. 1422 
PUBLIC LAW 100-204—DEC. 22, 1987 
a suitably classified form, and in an uncleissified form, containing 
the disposition of Soviet military forces in the Afghanistan region 
and an account of any troop withdrawals and any new troop 
deployments. 
Dalai Lama. 
SEC. 1243. HUMAN RIGHTS VIOLATIONS IN TIBET BY THE PEOPLE'S 
REPUBLIC OF CHINA. 
(a) FINDINGS.—The Congress finds that— 
(1) on October 1, 1987, Chinese police in Lhasa fired upon 
several thousand unarmed Tibetan demonstrators, which in-
cluded hundreds of women, children, and Tibetan Buddhist 
monks, killing at least six and wounding many others; 
(2) on September 27, 1987, a peaceful demonstration in Lhasa 
calling for Tibetan independence and the restoration of human 
rights in Tibet, which was led by hundreds of Tibetan monks, 
was violently broken up by Chinese authorities and 27 Tibetan 
Buddhist monks were arrested; 
(3) in the wake of His Holiness the Dalai Lama's five point 
peace plan, which was presented to Members of the United 
States Congress during his visit to Washington in September 
1987, Chinese authorities in Tibet staged, on September 24, 
1987, a mass political rally at which three Tibetans were given 
death sentences, two of whom were executed immediately; 
(4) beginning October 7, 1950, the Chinese Communist army 
invaded and occupied Tibet; 
(5) since that time, the Chinese Government has exercised 
dominion over the Tibetan people, who had always considered 
themselves as independent, through the presence of a large 
occupation force; 
(6) over 1,000,000 Tibetans perished from 1959 to 1979 as a 
direct result of the political instability, executions, imprison-
ment, and widescale famine engendered by the policies of the 
People's Republic of China in Tibet; 
• 
(7) after 1950, particularly during the ravages of China's 
Cultural Revolution, over 6,000 monasteries, the repositories of 
1,300 years of Tibet's ancient civilization, were destroyed and 
their irreplaceable national legacy of art and literature either 
destroyed, stolen, or removed from Tibet; 
(8) the exploitation of Tibet's vast mineral, forest, and animal 
reserves has occurred with limited benefit to the Tibetan 
people; 
(9) Tibet's economy and education, health, and human serv-
ices remain far below those of the People's Republic of China as 
a whole; 
(10) the People's Republic of China has encouraged a large 
infiux of Han-Chinese into Tibet, thereby undermining the 
political and cultural traditions of the Tibetan people; 
(11) there are credible reports of many Tibetans being incar-
cerated in labor camps and prisons and killed for the nonviolent 
expression of their religious and political beliefs; 
(12) His Holiness the Dalai Lama, spiritual and temporal 
leader of the Tibetan people, in conjunction with the 100,000 
refugees forced into exile with him, has worked tirelessly for 
almost 30 years to secure peace and religious freedom in 'Tibet, 
as well as the preservation of the Tibetan culture; 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1423 
(13) in 1959, 1961, and 1965, the United Nations General International 
Assembly called upon the People's Republic of China to end the organizations. 
violations of Tibetans' human rights; 
(14) on July 24, 1985, 91 Members of the Congress signed a Li Xiannian. 
letter to President Li Xiannian of the People's Republic of 
China expressing support for direct talks between Beijing and 
representatives of His Holiness the Dalai Lama and the Tibet-
ans in exile, and urging the Government of the People's Repub- 
••••T^<:.,A 
lie of China "to grant the very reasonable and justified aspira-
tions of His Holiness the Dalai Lama and his people every 
consideration"; 
(15) on September 27, 1987, the chairman and ranking minor- Zhao Ziyang. 
ity member of the Senate Foreign Relations Committee, the 
chairman and ranking minority member of the House Foreign 
Affairs Committee, and the Co-Chairman of the Congressional 
Human Rights Caucus signed a letter to his Excellency Zhao 
Ziyang, the Prime Minister of the People's Republic of China, 
expressing their "grave concern with the present situation in 
Tibet and welcomeTd) His Holiness the Dalai Lama's (five point) 
proposal as an historic step toward resolving the important 
question of Tibet and alleviating the suffering of the "ribetan 
people . . . (and) express(ing) their full support for his pro-
posal."; and 
(16) there has been no positive response by the Govern- 
_ , ,^ 
ment of the People's Republic of China to either of these 
communications. 
(b) STATEMENT OF POLICIES.—It is the sense of the Congress that— 
(1) the United States should express sympathy for those 
Tibetans who have suffered and died as a result of fighting, 
persecution, or famine over the past four decades; 
(2) the United States should make the treatment of the 
Tibetan people an important factor in its conduct of relations 
with the People's Republic of China; 
(3) the Government of the People's Republic of China should 
. ,, 
respect internationally recognized human rights and end 
human rights violations against Tibetans; 
(4) the United States should urge the Government of the 
People's Republic of China to actively reciprocate the Dalai 
Lama's efforts to establish a constructive dialogue on the future 
of Tibet; 
(5) Tibetan culture and religion should be preserved and the 
Dalai Lama should be commended for his efforts in this regard; 
(6) the United States, through the Secretary of State, should Mongolia. 
' 
address and call attention to the rights of the Tibetan people, as 
well as other non-Han-Chinese within the People's Republic of 
China such as the Uighurs of Eastern Turkestan (Xinjiang), and 
the Mongolians of Inner Mongolia; 
(7) the President should instruct United States officials. 
President of 
U.S. 
including the United States Ambassadors to the People's Repub-
lic of China and India, to pay greater attention to the concerns 
of the Tibetan people and to work closely with all concerned 
about human rights violations in Tibet in order to find areas in 
which the United States Government and people can be helpful; 
and 
(8) the United States should urge the People's Republic of 
China to release all political prisoners in Tibet. 
101 STAT. 1424 
PUBLIC LAW 100-204—DEC. 22, 1987 
•ms-y 
Reports. 
Appropriation 
authorization. 
Vietnam. 
Heng Samrin. 
Union of Soviet 
Socialist 
Republics. 
Human rights. 
Pol Pot. 
Heng Samrin. 
Norodom 
Sihanouk. 
(c) TRANSFER OF DEFENSE ARTICLES.—With respect to any sale, 
licensed export, or other transfer of any defense articles or defense 
services to the People's Republic of China, the United States 
Government shall, consistent with United States law, take into 
account the extent to which the Government of the People's Repub-
lic of China is acting in good faith and in a timely manner to resolve 
human rights issues in Tibet. 
(d) MIGRATION AND REFUGEE ASSISTANCE.—Within 60 days after 
the date of the enactment of this Act, the Secretary of State shall 
determine whether the needs of displaced Tibetans are similar to 
those of displaced persons and refugees in other parts of the world 
and shall report that determination to the Congress. If the Secretary 
makes a positive determination, of the amounts authorized to be 
appropriated for the Department of State for "Migration and Refu-
gee Assistance" for each of the fiscal years 1988 and 1989, such sums 
as are necessary shall be made available for assistance for displaced 
Tibetans. The Secretary of State shall determine the best means for 
providing such assistance. 
(e) SCHOLARSHIPS.—For each of the fiscal years 1988 and 1989, the 
Director of the United States Information Agency shall make avail-
able to Tibetan students and professionals who are outside Tibet not 
less than 15 scholarships for study at institutions of higher edu-
cation in the United States. 
SEC. 1244. SUPPORT FOR THE RIGHT OF SELF-DETERMINATION FOR THE 
CAMBODIAN PEOPLE. 
(a) FINDINGS.—The Congress finds that— 
(1) the Socialist Republic of Vietnam, in violation of its obliga-
tions under international law including the United Nations 
Charter, invaded Cambodia in December 1978; 
(2) in January 1979, Vietnam installed a puppet government 
in Phnom Penh, Cambodia, headed by Heng Samrin; 
(3) eight years later Vietnam continues, with Soviet backing, 
to occupy Cambodia with some 140,000 troops; 
(4) by invading and occupying Cambodia, the Government of 
the Socialist Republic of Vietnam violated its obligation, under-
taken upon becoming a member of the United Nations in 1977, 
not to use force against the territorial integrity or political 
c. 
independence of any state; 
(5) Vietnam has attempted to submerge Cambodian culture 
.V- 
and heritage through the settlement of large numbers of 
Vietnamese in Cambodia; 
(6) human rights observers have noted a pattern of torture, 
political detention, inhumane treatment, and other abuses of 
human rights by officials of the Vietnamese-backed puppet 
y, 
Cambodian regime; 
(7) the Vietnamese occupation of Cambodia has compounded 
the hardship and suffering of a people which had previously 
suffered barbaric crimes of genocide under Pol Pot's Khmer 
Rouge and has caused hundreds of thousands of Cambodians to 
flee their own country; 
(8) in recognition of the illegal occupation of Cambodia by the 
Vietnamese, the United Nations has refused to recognize the 
credentials of the Heng Samrin regime and has instead contin-
1
^
; 
ued to recognize the credentials of the Government in Exile led 
by Prince Norodom Sihanouk; 
. 
, , ^. 
r, 
r ; 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1425 
(9) the member states of the United Nations for the eighth 
* -
'
» 
time, and by a record vote, approved a resolution at the 
forty-second session of the General Assembly csdling for the 
withdrawal of foreign troops from Cambodia; 
(10) the 1981 United Nations-sponsored International Con-
ference on Kampuchea called for the early withdrawal of for-
eign troops and the holding of free elections under United 
Nations sujjervision; 
(11) the Government of the Socialist Republic of Vietnam has 
thus far rejected the efforts of the Association of Southeast 
. ••••• Asian Nations and supported by the United States to resolve 
s the situation in Cambodia; and 
(12) in the absence of a settlement, the non-Communist Cam-
bodian forces continue to wage a war of resistance agsiinst 
Vietnamese occupation forces. 
(b) STATEMENT OF POUCY.—The Congress— 
Pol Pot. 
(1) deplores the continued violation of the sovereignty smd 
territorial independence of Cambodia by the Socialist Republic 
of Vietnam; 
(2) calls upon the Government of the Socialist Republic of 
Vietnam to immediately withdraw all of its occupation forces 
from Cambodia and to negotiate a settlement which restores 
self-determination to the Cambodian people; 
(3) believes that such negotiations and withdrawal by Viet-
nam, together with a satisfactory accounting of Americans still 
missing in action, would constitute positive steps that would 
help facilitate the prospect of an end to Vietnemi's isolation in 
the world community and an improvement of its relations with 
the United States; 
(4) supports the efforts of the member nations of the Associa-
tion of Southeast Asian Nations (ASEAN), the United Nations 
Secretary General, and the non-Communist Cambodian people 
to achieve a political settlement which would include such 
elements as internationally supervised free and fair elections, 
as well as assurances that there will be no return to the 
genocidal policies of the Pol Pot regime; 
(5) supports efforts to establish an international tribunal to 
bring to justice those Khmer Rouge leaders during the reign of 
, . 
. 
Pol Pot, and any others, responsible for crimes of genocide 
' 
'"" V ' 
against the Cambodian people; and 
(6) calls upon the international community to observe a spe-
cial day of remembrance— 
(A) in recognition of the suffering of the Cambodian 
' 
> -
^ 
people under Pol Pot, 
(B) in protest of the efforts of Vietnam to suppress the 
basic human rights, culture, and way of life of the Cam-
bodian people, and 
(C) in protest of the illegal occupation of Cambodia by 
Vietnamese troops. 
SEC. 1245. HUMAN RIGHTS IN THE PEOPLE'S REPUBLIC OF CHINA. 
(a) FINDINGS.—The Congress finds that— 
(1) the advancement of human rights is a stated objective of 
the foreign policy of the United States; 
(2) the constitutional guarantees of freedom of speech, press, 
and peaceful assembly have not been adequately respected in 
the People's Republic of China; 
101 STAT. 1426 
PUBLIC LAW 100-204—DEC. 22, 1987 
Religion. 
4 
(3) the exercise of religious activities has a detrimental effect 
9 
on a participant's civil, social, and economic status within the 
People's Republic of China; 
(4) the freedom of movement and the freedom to form 
independent trade unions and other voluntary associations are 
severely curtailed; 
|
> 
(5) there have been some encouraging developments including 
an effort by the current leadership of the People's Republic of 
China to develop economic policies without regard to a rigid 
application of Maoist ideology; and 
.r 
(6) the American people desire to extend their moral support 
to the struggle for freedom and justice within the People's 
Republic of China, 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that the 
leadership of the People's Republic of China should take necessary 
/ 
steps toward establishing a more democratic society, with a free and 
open political system that will protect the essential human rights of 
all people living within that country. 
SEC. 1246. DEMOCRACY IN TAIWAN. 
, ? 
(a) FINDINGS.—The Congress finds that— 
(1) stability and peace prevail on the island of Taiwan and in 
the Western Pacific region; 
(2) economic vitality, educational advancement, and social 
progress have created conditions favoring the furtherance of 
democracy in Taiwan; 
(3) the people of Taiwan, in both national and local elections, 
•i 
have shown themselves fully capable of participating in a demo-
cratic political process; 
(4) the authorities on Taiwan are nurturing a transition 
toward more truly democratic and representative political 
institutions, although a minority of the seats in the central 
legislature and central electoral college are filled through peri-
odic elections, with the majority of seats still being held by 
individuals who took office in the late 1940s; 
(5) on September 28, 1986, Taiwan's democratic opposition 
announced the formation of the Democratic Progressive Party; 
(6) on October 7, 1986, President Chiang Ching-kuo, an-
nounced that the Kuomintang intended to end the state of 
martial law and to lift the ban on the creation of new political 
parties; 
(7) the lifting of martial law in July and the release of 
detainees symbolize the growing respect for human rights and 
freedom of expression on Taiwan; 
(8) the Kuomintang has indicated a desire over the next few 
years to make more representative Taiwan's central representa-
tive bodies, to broaden decisionmaking within the Nationalist 
Party, to enhance the rule of law, and to increase the powers of 
local-level government; and 
Human rights. 
(9) our common Commitment to democratic institutions and 
values is an increasingly strong bond between the people of the 
United States and the people of Taiwan and an acceleration of 
progress toward a full democracy on Taiwan, including full 
? 
respect for human rights, will strengthen United States ties 
with the people on Taiwan. 
(b) SENSE OF CONGRESS.—The Congress-
Chiang Ching-
kuo. 
Human rights. 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1427 
(1) welcomes the democratic trends emerging in Taiwan and 
commends the progress that has been made recently in advanc-
ing democratic institutions and values; 
(2) welcomes the lifting of martial law and looks forward to 
the lifting of the ban on new political parties; 
(3) encourages the leaders and peoples of Taiwan to continue 
this process with the aim of consolidating fully democratic 
institutions, in particular by— 
(A) guaranteeing freedom of speech, expression, and 
assembly; and 
(B) gradually moving toward a fully representative 
government, including the free and fair election of all 
members of all central representative bodies; and 
(4) requests the American Institute in Taiwan to convey this 
Nation's continuing support for a democratic and prosperous 
Taiwan, as stated in the Taiwan Relations Act, and our 
encouragement for democracy to the leaders and the people of 
Taiwan. 
PART F—MISCELLANEOUS 
SEC. 1251. REPORTS ON ILLEGAL TECHNOLOGY TRANSFERS. 
(a) REPORT.—Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of State shall submit to the appro-
priate committees of the Congress a report concerning: 
(1) The status of the Japanese Government investigation of 
the transfer of milling machines to the Soviet Union by Toshiba 
Machine Company, including any prosecution, fine, or other 
government action. 
(2) The status of the Norwegian Government investigation of 
the 
transfer 
of 
numerical 
controllers 
by 
Kongsberg 
Vappenfabrik (KV) to the Soviet Union, including any prosecu-
tion, fine, or other government action. 
(3) Actions undertaken by the Japanese and Norwegian 
Governments to ensure that such transfers or other breaches of 
security related to international espionage do not recur. 
(4) Actions and plans of the United States Government to 
respond to such cases of international espionage. 
(b) DISCUSSIONS.—The Secretary of State shall enter into discus-
sions with Japan and Norway regarding compensation for damage 
to United States national security resulting from such cases of 
international espionage. The Secretary shall submit a preliminary 
report to the appropriate committees of the Congress concerning the 
status of such discussions 180 days after the date of enactment of 
this Act and shall submit a final report 360 days after the date of 
enactment of this Act. The Secretary may submit such other subse-
quent reports as may be appropriate. 
SEC. 1252. REPORT ON PROGRESS TOWARD A WORLD SUMMIT ON 
TERRORISM. 
It is the sense of the Congress that the President should convene a 
summit meeting of Western world leaders to adopt a unified effec-
tive program against international terrorism. 
Japan. 
Union of Soviet 
Socialist 
Republics. 
Norway. 
Espionage. 
Defense and 
national 
security. 
President of U.S. 
91-194 O - 90 - 5 : QL.3 Part 3 
101 STAT. 1428 
PUBLIC LAW 100-204—DEC. 22, 1987 
Terrorism. 
International 
organizations. 
Japan. 
Federal Republic 
of Germany. 
SEC. 1253. PROTECTION OF AMERICANS ENDANGERED BY THE APPEAR-
ANCE OF THEIR PLACE OF BIRTH ON THEIR PASSPORTS. 
(a) FINDINGS.—The Congress finds that some citizens of the United 
States may be specially endangered during a hijacking or other 
terrorist incident by the fact that their place of birth appears on 
their United States passports. 
OJ) DISCUSSIONS.—The Congress urges the President to enter into 
discussions with other countries regarding the feasibility of a gen-
eral agreement permitting the deletion of the place of birth as a 
required item of information on passports. 
SEC. 1254. SUPPORT OF MUTUAL DEFENSE ALLIANCES. 
(a) FINDINGS.—The Congress makes the following findings: 
(1) Japan, the member nations of the North Atlantic Treaty 
.
^ 
Organization (NATO), and other countries rely heavily on the 
,7, United States to protect their national security under mutueil 
>
^
; 
defense alliances. 
(2) The United States spends tens of billions of dollars an-
nually to assist in the defense of allies of the United States. 
(3) The financial burden of mutual defense assumed by many 
NATO allies and particularly Japan is not commensurate with 
their economic resources, and, as a result, the United States 
bears a disproportionately large share of the financial burden of 
- - supporting such mutual defense. 
(4) While the United States is currently spending 6.5 percent 
of its gross national product on defense, our NATO allies spend 
an average of 3.5 percent of their gross national products on 
defense and Japan spends only 1.0 percent of its gross national 
product on defense. 
(5) United States allies, particularly West Germany and 
j; 
Japan, have derived tremendous economic benefit from the free 
trade system among the Western countries, accumulating in 
certain cases large payments surpluses, while protected through 
military alliances to which the United States has made an 
overwhelming commitment of resources. 
(6) The greatest weakness in the ability of the United States 
to sustain the mutual defense of the United States and its allies 
is not the military capability of the United States, but rather 
the economic vulnerability of the United States. 
(7) The Federal budget deficit must be reduced in order to 
revitalize the economy. 
(8) The continued unwillingness of the allies of the United 
States to increase their contributions to the common defense to 
more appropriate levels could weaken the long-term vitality, 
effectiveness, and cohesion of the alliances between those coun-
tries and the United States. 
(b) PoiJCY.—It is the sense of the Congress that— 
! 
(1) the President should enter into discussions with countries 
which participate in mutu£il defense alliances with the United 
States, especially the member nations of NATO and Japan, for 
the purpose of reaching an agreement on a more equitable 
distribution of the burden of financial support for the alliances; 
(2) the objective of such discussions with the member nations 
r of NATO and Japan should be to establish a schedule of in-
creases in defense spending by our NATO allies and Japan or a 
system of offsetting payments that is designed to achieve, to the 
maximum practicable extent, a division of responsibility for 
,ft; 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1429 
J 
defense spending between those allies and the United States 
that is commensurate with their resources; 
(3) the President should report to the Congress, within one 
year after the date of the enactment of this Act, on the progress 
of such discussions; and 
(4) if, in the judgment of the Congress, the President's report 
does not reflect substantial progress toward a more equitable 
distribution of defense expenses among the members of a 
mutual defense alliance, the Congress should review the extent 
] 
of the distribution of the mutual defense burden among our 
allies 
and 
consider 
whether 
additional 
legislation 
is 
appropriate. 
SEC. 1255. ARMS EXPORT CONTROL ENFORCEMENT AND COORDINATION. 
(a) EXPORT LICENSES.—Section 38 of the Arms Export Control Act 
(22 U.S.C. 2778) is amended by adding at the end the following new 
subsection: 
"(g)(1) The President shall develop appropriate mechanisms to 
identify, in connection with the export licensing process under this 
section— 
"(A) persons who are the subject of an indictment for, or have 
been convicted of, a violation under— 
"(i) this section, 
"(ii) section 11 of the Export Administration Act of 1979 
*-" 
(50 U.S.C. App. 2410), 
"(iii) section 793, 794, or 798 of title 18, United States 
Code (relating to espionage involving defense or classified 
information), 
"(iv) section 16 of the Trading with the Enemy Act (50 
U.S.C. App. 16), 
"(v) section 206 of the International Emergency Economic 
Powers Act (relating to foreign assets controls; 50 U.S.C. 
App. 1705), 
"(vi) section 30A of the Securities Exchange Act of 1934 
(15 U.S.C. 78dd-l) or section 104 of the Foreign Corrupt 
Practices Act (15 U.S.C. 78dd-2), 
"(vii) chapter 105 of title 18, United States Code (relating 
to sabotage), 
"(viii) section 4(b) of the Internal Security Act of 1950 
(relating to communication of classified information; 50 
U.S.C. 783(b)), 
"(ix) section 57, 92, 101, 104, 222, 224, 225, or 226 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2077, 2122, 2131, 2134, 
2272, 2274, 2275, and 2276), 
"(x) section 601 of the National Security Act of 1947 
(relating to intelligence identities protection; 50 U.S.C. 421), 
or 
"(xi) section 603 (b) or (c) of the Comprehensive Anti-
Apartheid Act of 1986 (22 U.S.C. 5113 (b) and (c)); 
"(B) persons who are the subject of an indictment or have 
been convicted under section 371 of title 18, United States Code, 
for conspiracy to violate any of the statutes cited in subpara-
graph (A); and 
"(C) persons who are ineligible— 
. 
(i) to contract with, 
"(ii) to receive a license or other form of authorization to 
export from, or 
President of U.S. 
Reports. 
President of U.S. 
Reports. 
President of U.S. 
Espionage. 
Defense and 
national 
security. 
Classified 
information. 
Sabotage. 
Classified 
information. 
Classified 
information. 
101 STAT. 1430 
PUBLIC LAW 100-204—DEC. 22, 1987 
Imports. 
President of U.S. 
President of U.S. 
President of U.S. 
^ ' > < '.^ 
President of U.S. 
Federal 
Register, 
publication. 
Defense and 
national 
security. 
Law 
enforcement and 
"(iii) to receive a license or other form of authorization to 
import defense articles or defense services from, 
: any agency of the United States Government. 
"(2) The President shall require that each applicant for a license 
to export an item on the United States Munitions List identify in 
the application all consignees and freight forwarders involved in the 
proposed export. 
"(3) If the President determines— 
"(A) that an applicant for a license to export under this 
*
! 
section is the subject of an indictment for a violation of any of 
?
* 
the statutes cited in paragraph (1), 
"(B) that there is reasonable cause to believe that an ap-
,., plicant for a license to export under this section has violated 
any of the statutes cited in paragraph (1), or 
"(C) that an applicant for a license to export under this 
'"'''"•' section is ineligible to contract with, or to receive a license or 
other form of authorization to import defense articles or defense 
^' 
services from, any agency of the United States Government, 
the President may disapprove the application. The President shall 
consider requests by the Secretary of the Treasury to disapprove any 
export license application based on these criteria. 
"(4) A license to export an item on the United States Munitions 
List may not be issued to a person— 
"(A) if that person, or any party to the export, has been 
convicted of violating a statute cited in paragraph (1), or 
"(B) if that person, or any party to the export, is at the time of 
the license review ineligible to receive export licenses (or other 
forms of authorization to export) from any agency of the United 
States Government, 
except as may be determined on a case-by-C£ise basis by the Presi-
dent, after consultation with the Secretary of the Treasury, after a 
thorough review of the circumstances surrounding the conviction or 
ineligibility to export and a finding by the President that appro-
priate steps have been taken to mitigate any law enforcement 
concerns. 
"(5) A license to export an item on the United States Munitions 
List may not be issued to a foreign person (other than a foreign 
government). 
"(6) The President may require a license (or other form of 
authorization) before any item on the United States Munitions List 
is sold or otherwise transferred to the control or possession of a 
foreign person or a person acting on behalf of a foreign person. 
"(7) The President shall, in coordination with law enforcement 
and national security agencies, develop standards for identifying 
high-risk exports for regular end-use verification. These standards 
shall be published in the Federal Register and the initial standards 
shall be published not later than October 1, 1988. 
"(8) Upon request of the Secretary of State, the Secretary of 
Defense and the Secretary of the Treasury shall detail to the office 
primarily responsible for export licensing functions under this sec-
tion, on a nonreimbursable basis, personnel with appropriate exper-
tise to assist in the initial screening of applications for export 
licenses under this section in order to determine the need for 
further review of those applications for foreign policy, national 
security, and law enforcement concerns. 
"(9) For purposes of this subsection— 
PUBLIC LAW 100-204—DEC. 22, 1987 
101 STAT. 1431 
"(A) the term 'foreign corporation' means a corporation that 
is not incorporated in the United States; 
"(B) the term 'foreign government' includes any agency or 
subdivision of a foreign government, including an official mis-
sion of a foreign government; 
"(C) the term 'foreign person' means any person who is not a 
citizen or national of the United States or lawfully admitted to 
the United States for permanent residence under the Immigra-
tion and Nationality Act, and includes foreign corporations, 
international organizations, and foreign governments; 
"(D) the term 'party to the export' means— 
"(i) the president, the chief executive officer, and other 
senior officers of the license applicant; 
"(ii) the freight forwarders or designated exporting agent 
of the license application; and 
"(iii) any consignee or end user of any item to be ex-
ported; and 
"(E) the term 'person' means a natural person as well as a 
corporation, business association, partnership, society, trust, or 
any other entity, organization, or group, including govern-
mental entities.". 
(b) 
REVIEW OF MUNITIONS 
CONTROL REGISTRATIONS.—Section 
38(b)(1) of that Act is amended— 
22 use 2778. 
(1) by inserting "(A)" after "(1)"; and 
(2) by adding at the end the following new paragraph: 
"(B) A copy of each registration made under this paragraph shall 
be transmitted to the Secretary of the Treasury for review regarding 
law enforcement concerns. The Secretary shall report to the Presi- Reports. 
dent regarding such concerns as necessary.". 
(c) MUNITIONS CONTROL REGISTRATION FEES.—Section 38(b) of that 
Act is amended by inserting at the end the following: 
"(3)(A) For each of the fiscal years 1988 and 1989, $250,000 of 
registration fees collected pursuant to paragraph (1) shall be cred-
ited to a Department of State account, to be available without fiscal 
year limitation. Fees credited to that account shall be available only 
for the payment of expenses incurred for— 
"(i) contract personnel to assist in the evaluation of munitions 
control license applications, reduce processing time for license 
applications, and improve monitoring of compliance with the 
terms of licenses; and 
"(ii) the automation of munitions control functions and the 
processing of munitions control license applications, including 
the development, procurement, and utilization of computer 
equipment and related software. 
"(B) The authority of this paragraph may be exercised only to 
such extent or in such amounts as are provided in advance in 
appropriation Acts.". 
101 STAT. 1432 
PUBLIC LAW 100-204—DEC. 22, 1987 
TITLE XIII—EFFECTIVE DATE 
i' .a 
22 u s e 2651 
SEC. 1301. EFFECTIVE DATE. 
Except as otherwise provided in this Act, this Act shall take effect 
on the date of its enactment. 
Approved December 22, 1987. 
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LEGISLATIVE HISTORY—H.R. 1777 (S. 1394): 
HOUSE REPORTS: No. 100-34 (Comm. on Foreign Affairs) and No. 100-475 (Comm. of 
Conference). 
SENATE REPORTS: No. 100-75 accompanying S. 1394 (Comm. on Foreign Relations). 
CONGRESSIONAL RECORD, Vol. 133 (1987): 
June 11, 16, 18, 23, considered and passed House. 
Oct. 2, 6, 7, S. 1394 considered in Senate. 
Oct. 8, H.R. 1777 considered and passed Senate, amended, in lieu of S. 1894. 
Dec. 15, House agreed to conference report. 
Dec. 16, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): 
Dec. 22, Presidential statement.