Foreign Relations Authorization Act, Fiscal Years 1992 and 1993
PL 102-138 (H.R.1415), enacted 10/28/1991

PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 647 
Public Law 102-138 
102d Congress 
An Act 
To authorize appropriations for fiscal years 1992 and 1993 for the Department of 
Oct. 28, 1991 
State, and for other purposes. 
[H.R. 1415] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
R°rt^"ns 
SECTION 1. SHORT TITLE. 
Authorization 
Act Fiscfll Ycsrs 
This Act may be cited as the "Foreign Relations Authorization 
1992 and 1993. 
Act, Fiscal Years 1992 and 1993". 
22 USC 2651 
aofes. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—DEPARTMENT OF STATE 
PART A—AUTHORIZATION OF APPROPRIATIONS 
Sec. 101. Administration of foreign affairs. 
Sec. 102. International organizations and conferences. 
Sec. 103. International commissions. 
Sec. 104. Migration and refugee assistance. 
Sec. 105. Other programs. 
PART B—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 
Sec. 111. Technical amendment. 
Sec. 112. Consular and diplomatic posts abroad. 
Sec. 113. Denial of passports. 
Sec. 114. Emergencies in the diplomatic and consular service. 
Sec. 115. Le£ise authority. 
Sec. 116. Multiyear contracting for Moscow. 
Sec. 117. Transfers and reprogrammings. 
Sec. 118. Administrative services. 
j 
Sec. 119. International meetings. 
Sec. 120. Availability of funds. 
) 
Sec. 121. Childcare facilities at certain posts abroad. 
Sec. 122. Assistant Secretary of State for South Asian Affairs. 
Sec. 123. Fees received for use of Blair House. 
Sec. 124. Foreign Service Institute facilities. 
Sec. 125. Maintenance management of overseas property. 
Sec. 126. Defense trade controls registration fees. 
Sec. 127. Denial of certain visas. 
Sec. 128. Visa lookout systems. 
Sec. 129. Prohibition on issuance of Israel-only passports. 
PART C—DIPLOMATIC RECIPROCITY AND SECURITY 
Sec. 131. Diplomatic construction program. 
Sec. 132. Construction of diplomatic facilities. 
Sec. 133. Possible Moscow Embassy security breach. 
Sec. 134. Special agents. 
Sec. 135. Protection for United Nations facilities and missions. 
Sec. 136. Study of construction security needs. 
PART D—PERSONNEL 
Sec. 141. Ambassadorial appointments. 
Sec. 142. Chief of mission salary. 
Sec. 143. Authority of Secretary to suspend employees convicted of crimes. 
105 STAT. 648 
PUBLIC LAW 102-138—OCT. 28, 1991 
Sec. 144. Commissary access. 
Sec. 145. Storage of personal effects. 
Sec. 146. Transportation of remains. 
Sec. 147. Amendments to title 5. 
Sec. 148. Voluntary leave bank program. 
Sec. 149. Reassignment and retirement of Presidential appointees. 
Sec. 150. Commission to study personnel questions at the Department of State. 
Sec. 151. Foreign national employees separation pay. 
Sec. 152. Local compensation plans for United States citizens residing abroad. 
Sec. 153. Grievances based on alleged discrimination. 
Sec. 154. Compensation for loss of personal property incident to service. 
Sec. 155. Language training in the Foreign Service. 
PART E—INTERNATIONAL ORGANIZATIONS 
Sec. 161. Material donations to United Nations peacekeeping operations. 
Sec. 162. Reform in budget decisionmaking procedures of the United Nations and 
its specialized agencies. 
Sec. 163. Report to Congress concerning United Nations secondment. 
Sec. 164. Permanent International Association of Road Congresses. 
Sec. 165. International Boundary and Water Commission. 
Sec. 166. International Fisheries Commissions advance payments. 
Sec. 167. Japan-United States Friendship Commission. 
Sec. 168. British-American Interparliamentary Group. 
Sec. 169. United States delegation to the Parliamentary Assembly of the Confer-
ence on Security and Cooperation in Europe (CSCE). 
Sec. 170. Report concerning the United Nations Educational, Scientific, and Cultur-
al Organization. 
Sec. 171. Report of Commission on Security and Cooperation in Europe. 
Sec. 172. Intergovernmental negotiating committee for a framework convention on 
climate change report. 
Sec. 173. Inter-American Foundation. 
Sec. 174. Housing benefits of the United States mission to the United Nations. 
Sec. 175. Enhanced support for United Nations peacekeeping. 
Sec. 176. Special purpose international organizations. 
Sec. 177. Great Lakes Fishery Commission. 
Sec. 178. Inter-American organizations. 
Sec. 179. International Coffee Organization. 
Sec. 180. Appointment of special coordinator for water policy negotiations and 
water resources policy. 
Sec. 181. Employment of U.S. citizens by international organizations. 
PART F—MISCELLANEOUS PROVISIONS 
Sec. 191. Travel advisory for Jalisco, Mexico. 
Sec. 192. Implementation of the Nairobi forward-looking strategies for the advance-
ment of women. 
Sec. 193. Study of technical security and counterintelligence capabilities. 
Sec. 194. Study of sexual harassment at the Department of State. 
Sec. 195. Prohibition against fraudulent use of "Made in America" labels. 
Sec. 196. Deadline for responses to questions from congressional committees. 
Sec. 197. International credit reports. 
Sec. 198. Foreign Relations of the United States Historical Series. 
TITLE II—UNITED STATES INFORMATIONAL, EDUCATIONAL, AND 
CULTURAL PROGRAMS 
PART A—UNITED STATES INFORMATION AGENCY 
Sec. 201. Authorization of appropriations. 
Sec. 202. Reprogramming of funds. 
Sec. 203. Authority of the Secretary. 
Sec. 204. Basic authority. 
Sec. 205. Payment of certain expenses for participants. 
Sec. 206. USIA posts and personnel overseas. 
Sec. 207. Implementation of Beirut agreement. 
Sec. 208. Center for cultural and technical interchange between north and south. 
Sec. 209. Soviet-Eastern European Research and training. 
Sec. 210. Claude and Mildred Pepper Scholarship Program. 
Sec. 211. Program review of NED. 
Sec. 212. USIA grants. 
Sec. 213. Distribution within the United States of United States Information 
Agency photographic works of Richard Saunders. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 649 
Sec. 214. Israeli Arab scholarship program. 
| 
Sec. 215. Eligibility of NED for grants. 
Sec. 216. Establishment of USIA office in Vientiane, Laos. 
PART B—BUREAU OF EDUCATIONAL AND CULTURAL AFFAIRS ' 
Sec. 221. Authorization of appropriations. 
Sec. 222. Fulbright exchange programs enhancement. 
Sec. 223. USIA cultural center in Kosovo. 
Sec. 224. Conforming amendment on certain USIA scholarships. 
Sec. 225. Eastern Europe student exchange endowment fund. 
Sec. 226. Enhanced educational exchange programs. 
Sec. 227. Law and business training program for graduate students from the Soviet 
Union, Lithuania, Latvia, and Estonia. 
Sec. 228. Near and Middle East research and training. 
Sec. 229. Scholarships for Vietnamese. 
PART C—BUREAU OF BROADCASTING 
' * 
Sec. 231. Authorization of appropriations. 
Sec. 232. Television Broadcasting to Cuba Act. 
Sec. 233. Yugoslavian programming within the Voice of America. 
Sec. 234. Voice of America broadcasts in Kurdish. 
Sec. 235. Reports on the future of international broadcasting. 
PART D—BOARD FOR INTERNATIONAL BROADCASTING 
Sec. 241. Authorization of appropriations. 
Sec. 242. Board for International Broadcasting Act. 
Sec. 243. Broadcasting to China. 
Sec. 244. Policy on Radio Free Europe. 
TITLE III—MISCELLANEOUS FOREIGN POLICY PROVISIONS 
PART A—FOREIGN POUCY PROVISIONS 
Sec. 301. Persian Gulf war criminals. 
Sec. 302. Benefits for United States hostages captured in Lebanon. 
Sec. 303. Reports concerning China. 
Sec. 304. Report on terrorist assets in the United States. 
PART B—ARMS CONTROL AND PROUFERATION 
Sec. 321. Limitation on rescission of prohibitions applicable to terrorist countries. 
Sec. 322. Policy on Middle East arms sales. 
Sec. 323. Missile technology. 
Sec. 324. Report on Chinese weapons proliferation practices. 
Sec. 325. Report on SS-23 missiles. 
PART C—DECLARATIONS OF CONGRESS 
Sec. 351. Reciprocal diplomatic status with Mexico. 
Sec. 352. United States presence in Lithuania, Latvia, and Estonia. 
Sec. 353. Laotian-American relations. 
Sec. 354. POW/MIA status. 
Sec. 355. China's illegal control of Tibet. 
Sec. 356. Release of prisoners held in Iraq. 
Sec. 357. Policy toward Hong Kong. 
Sec. 358. Policy toward Taiwan. 
Sec. 359. Human rights abuses in East Timor. 
Sec. 360. Support for new democracies. 
Sec. 361. Policy regarding United States assistance to the Soviet Union and Yugo-
slavia. 
Sec. 362. Policy toward the release of political prisoners by South Africa. 
Sec. 363. United States tactical nuclear weapons designed for deployment in 
Europe. 
Sec. 364. United States support for UNCED. 
TITLE IV—ARMS TRANSFERS RESTRAINT POLICY FOR THE MIDDLE EAST 
AND PERSIAN GULF REGION 
Sec. 401. Findings. 
Sec. 402. Multilateral arms transfer and control regime. 
Sec. 403. Limitation on United States arms sales to the region. 
Sec. 404. Reports to the Congress. 
Sec. 405. Relevant congressional committees defined. 
* 
105 STAT. 650 
PUBLIC LAW 102-138—OCT. 28, 1991 
TITLE V—CHEMICAL AND BIOLOGICAL WEAPONS CONTROL 
Sec. 501. Short title. 
Sec. 502. Purposes. 
Sec. 503. Multilateral efforts. 
Sec. 504. United States export controls. 
Sec. 505. Sanctions against certain foreign persons. 
Sec. 506. Determinations regarding use of chemical or biological weapons. 
Sec. 507. Sanctions against use of chemical or biological weapons. 
Sec. 508. Presidential reporting requirements. 
TITLE I—DEPARTMENT OF STATE 
PART A—AUTHORIZATION OF APPROPRIATIONS 
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 
(a) 
DIPLOMATIC AND ONGOING 
OPERATIONS.—The 
following 
amounts are authorized to be appropriated for the Department of 
State under "Administration of Foreign Affairs" to carry out the 
authorities, functions, duties, and responsibilities in the conduct of 
the foreign affairs of the United States and for other purposes 
authorized by law (other than the diplomatic security program): 
(1) SALARIES AND EXPENSES.—For "Salaries and Expenses", of 
the Department of State $1,725,005,000 for the fiscal year 1992 
and $1,822,650,000 for the fiscal year 1993. 
(2) ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD.— 
For "Acquisition and Maintenance of Buildings Abroad", 
$304,034,000 for the fiscal year 1992 and $300,192,000 for the 
fiscal year 1993. 
(3) 
REPRESENTATION 
ALLOWANCES.—For 
"Representation 
Allowances", $4,802,000 for the fiscal year 1992 and $5,000,000 
for the fiscal year 1993. 
(4) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE.— 
For "Emergencies in the Diplomatic and Consular Service", 
$7,500,000 for the fiscal year 1992 and $8,000,000 for the fiscal 
year 1993. 
(5) OFFICE OF THE INSPECTOR GENERAL.—For "Office of the 
Inspector General", $23,928,000 for the fiscal year 1992 and 
$26,650,000 for the fiscal year 1993. 
(6) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN.—For 
"Payment to the American Institute in Taiwan", $13,784,000 for 
the fiscal year 1992 and $14,500,000 for the fiscal year 1993. 
(7) Moscow EMBASSY.—For "Acquisition and Maintenance of 
Buildings Abroad", subject to the provisions of section 132, for 
construction of a new United States Embassy office building in 
Moscow, Soviet Union, $130,000,000 for fiscal year 1992 and 
$130,000,000 for fiscal year 1993. Amounts appropriated under 
this paragraph are authorized to be available until expended. 
(b) DIPLOMATIC SECURITY PROGRAM.—In addition to amounts au-
thorized to be appropriated by subsection (a), the following amounts 
are authorized to be appropriated under "Administration of Foreign 
Affairs" for the fiscal years 1992 and 1993 for the Department of 
State to carry out the diplomatic security program: 
(1) SALARIES AND EXPENSES.—For "Salaries and Expenses", 
$299,828,000 for the fiscal year 1992 and $315,000,000 for the 
fiscal year 1993. Of the amounts authorized to be appropriated 
by this paragraph $4,000,000 is authorized to be appropriated 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 651 
for each of the fiscal years 1992 and 1993 for "counterterrorism, 
research, and development". 
(2) 
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS.—For 
"Protection of Foreign Missions and Officials", $11,464,000 for 
the fiscal year 1992 and $16,464,000 for the fiscal year 1993. 
(c) LIMITATIONS.— 
(1) Of the amount authorized to be appropriated for "Emer-
gencies in the Diplomatic and Consular Service" under subsec-
tion (a)(4), not more than $2,000,000 for each of the fiscal years 
1992 and 1993 is authorized to be appropriated for activities 
authorized under subparagraphs (C), (D), (E), (F), (G), (H), and (J) 
of section 4(b)(2) of the State Department Basic Authorities Act 
of 1956. 
(2) Of the amount authorized to be appropriated for "Salaries 
and Expenses" under subsection (a)(1)— 
(A) $10,000,000 for each of the fiscal years 1992 and 1993 
is authorized to be available for the Foreign Service In-
stitute and the Geographic Bureaus for language training 
programs; 
(B) not more than $4,100,000 shall be available for fiscal 
year 1992, and not more than $5,400,000 shall be available 
for fiscal year 1993, only for procurement of ADP equip-
ment for the Beltsville Information Management Center; 
(C) not more than $750,000 of the amounts appropriated 
for fiscal year 1992 are authorized to be available until 
expended to pay shared costs of the Conference on Security 
and Cooperation in Europe (CSCE) parliamentary meetings 
and CSCE parliamentary assessments (including shared 
costs of the CSCE Secretariat) and any shared costs and 
assessments for CSCE parliamentary activities for fiscal 
year 1991; 
(D) for the fiscal year 1992— 
(i) $550,000 is authorized for United States prepara-
tions and related travel for the 1992 United Nations 
Conference 
on 
Environment 
and 
Development 
(UNCED), for United States contributions to the Vol-
, 
untary Fund for UNCED, and for United States con-
tributions to the Trust Fund for Preparatory Activities; 
and 
(ii) up to $25,000 is authorized on a matching grant 
basis to promote participation in the UNCED and in 
the UNCED preparatory conferences by nongovern-
mental organizations; and 
(E) $1,500,000 is authorized to be available for fiscal year 
1993 for the Department of State to enter into contracts 
with the International Career Program in order for stu-
dents from historically-black colleges and universities to 
enter into programs of recruitment and training for careers 
in the Foreign Service and in other areas of international 
affairs. 
(3) Of the amount authorized to be appropriated for "Acquisi-
tion and Maintenance of Buildings Abroad" under subsection 
(a)(2) not more than $41,500,000 shall be available for fiscal year 
1992, and not more than $44,700,000 for fiscal year 1993, for 
administration. 
(4) Of the amount authorized to be appropriated for "Acquisi-
tion and Maintenance of Buildings Abroad" under subsection 
105 STAT. 652 
PUBLIC LAW 102-138—OCT. 28, 1991 
(a)(2) and amounts authorized to be appropriated under section 
401 of the Omnibus Diplomatic Security and Antiterrorism Act 
of 1986 a total of not more than $55,466,000 is authorized to be 
appropriated for fiscal year 1992 for capital programs. 
(5) Funds authorized to be appropriated by subsection (a)(1) 
are also authorized to be appropriated under the heading 
"Repatriation Loans Program Account" for the administrative 
expenses of such program. 
(6) Amounts appropriated for "Acquisition and Maintenance 
of Buildings Abroad" pursuant to this section, and made avail-
able for new posts in Estonia, Latvia, Lithuania, republics in the 
Soviet Union, and republics which have declared independence 
from the Soviet Union, shall be treated as a reprogramming of 
funds under section 34 of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2706) and shall not be available for 
obligation or expenditure except in compliance with the proce-
dures applicable to such reprogramming. 
SEC. 102. INTERNATIONAL ORGANIZATIONS AND CONFERENCES. 
(a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.— 
(1) There are authorized to be appropriated for "Contributions to 
International Organizations", $1,120,541,000 for the fiscal year 1992 
and $766,681,000 for the fiscal year 1993 for the Department of State 
to carry out the authorities, functions, duties, and responsibilities in 
the conduct of foreign affairs of the United States with respect to 
international organizations and to carry out other authorities in law 
consistent with such purposes. 
(2) Of the amounts authorized to be appropriated under paragraph 
(1) for fiscal year 1992, not more than $370,876,000 are authorized to 
be appropriated to pay arrearages for assessed contributions for 
prior years, of which not more than $92,719,000 may be made 
available for obligation or expenditure during each of the fiscal 
years 1992, 1993, 1994, and 1995. Authorizations of appropriations 
for arrearage payments under this subsection shall be available 
until the appropriations are made. 
(3) None of the amounts authorized to be appropriated under 
paragraph (2) shall be disbursed to the United Nations or any 
affiliated organization until the President reports to the Congress 
the specific elements of the plan by which the United Nations, and 
each affiliated organization authorized to receive such funds, in-
tends to expend or otherwise use such funds. 
(b) CONTRIBUTIONS TO INTERNATIONAL PEACEKEEPING ACTIVITIES.— 
(1) There are authorized to be appropriated for "Contributions to 
International Peacekeeping Activities", $201,292,000 for the fiscal 
year 1992 and $72,254,000 for the fiscal year 1993, for the Depart-
ment 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 peacekeeping activities and to 
carry out other authorities in law consistent with such purposes. 
(2) Of the amounts authorized to be appropriated by paragraph (1) 
for the fiscal year 1992, not more than $132,423,000 are authorized 
to be appropriated to pay arrearages, of which not more than 
$38,400,000 may be made available for obligation or expenditure 
during the fiscal year 1992 and not more than $31,400,000 may be 
made available for obligation or expenditure for each of the fiscal 
years 1993, 1994, and 1995. Authorizations of appropriations for 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 653 
arrearage payments under this subsection shall be available until 
the appropriations are made. 
(c) INTERNATIONAL CONFERENCES AND CONTINGENCIES.—There are 
authorized to be appropriated for "International Conferences and 
Contingencies", $5,500,000 for the fiscal year 1992 and $5,775,000 for 
the fiscal year 1998 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 
conferences and contingencies and to carry out other authorities in 
law consistent with such purposes. 
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 and for other 
purposes authorized by law: 
(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED 
STATES AND MEXICO.—For "International Boundary and Water 
Commission, United States and Mexico"— 
(A) for "Salaries and Expenses" for the fiscal year 1992, 
$11,400,000 and, for the fiscal year 1993, $12,000,000; and 
(B) for "Construction" for the fiscal year 1992, $10,525,000 
and, for the fiscal year 1993, $19,925,000. 
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND 
CANADA.—For "International Boundary Commission, United 
States and Canada", $768,000 for the fiscal year 1992 and 
$805,000 for the fiscal year 1993. 
(3) INTERNATIONAL JOINT COMMISSION.—For "International 
Joint Commission", $3,732,000 for the fiscal year 1992 and 
$3,920,000 for the fiscal year 1993. 
(4) 
INTERNATIONAL 
FISHERIES 
COMMISSIONS.—For 
"Inter-
national Fisheries Commissions", $14,000,000 for the fiscal year 
1992 and $16,500,000 for the fiscal year 1993. 
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—(1)(A) There are au-
thorized to be appropriated for "Migration and Refugee Assistance" 
for authorized activities, $547,250,000 for the fiscal year 1992 and 
$592,250,000 for the fiscal year 1993. 
(B) Of the amounts authorized to be appropriated by subpara-
graph (A), $5,000,000 is authorized to be available for each of the 
fiscal years 1992 and 1993 for migration assistance to displaced 
ethnic Armenians resettling in Armenia. 
(2) There are authorized to be appropriated $80,000,000 for the 
fiscal year 1992 and $90,000,000 for the fiscal year 1993 for assist-
ance for refugees resettling in Israel. 
(3) There are authorized to be appropriated $1,750,000 for the 
fiscal year 1992, and $1,750,000 for the fiscal year 1993, for assist-
ance to unaccompanied minor children and other cases of special 
humanitarian concern that have generally been referred to special 
committees established pursuant to the Comprehensive Plan of 
Action for Indochinese Refugees in first asylum countries in South-
east Asia and Hong Kong. The President shall seek to ensure that President, 
such assistance supplements, and does not supplant. United Nations Children and 
High Commissioner for Refugees and other funding that would have y°"*" 
been directed toward assistance to unaccompanied minors and other 
105 STAT. 654 
PUBLIC LAW 102-138—OCT. 28, 1991 
cases of special humanitarian concern in the absence of this para-
graph. Assistance may be provided under this paragraph notwith-
standing any other provision of law. 
(4) There are authorized to be appropriated $1,000,000 for fiscal 
year 1992 and $1,000,000 for fiscal year 1993 for humanitarian 
assistance, including but not limited to food, medicine, clothing, and 
medical and vocational training, to Burmese displaced as a result of 
civil conflict. 
(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to 
subsection (a) are authorized to be available until expended. 
SEC. 105. OTHER PROGRAMS. 
The following amounts are authorized to be appropriated for the 
Department of State to carry out the authorities, functions, duties, 
and responsibilities in the conduct of the foreign affairs of the 
United States and for other purposes authorized by law: 
(1) UNITED STATES BILATERAL SCIENCE AND TECHNOLOGY AGREE-
MENTS.—For "United States Bilateral Science and Technology 
Agreements", $2,250,000 for the fiscal year 1992 and $6,000,000 
for the fiscal year 1993. 
(2) SOVIET-EAST EUROPEAN RESEARCH AND TRAINING.—For 
"Soviet-East European Research and Training", $4,784,000 for 
the fiscal year 1992 and $5,025,000 for the fiscal year 1993. 
(3) ASIA FOUNDATION.—For "Asia Foundation", $16,000,000 for 
the fiscal year 1992 and $18,000,000 for the fiscal year 1993. 
PART B—DEPARTMENT OF STATE AUTHORITIES 
AND ACTIVITIES 
SEC. 111. TECHNICAL AMENDMENT. 
The State Department Basic Authorities Act of 1956 is amended— 
22 use 2651 
(1) by striking out section 48; and 
22*usc 2651 
^^^ ^^ inserting immediately after the enacting clause the 
jjote 
following: "That this Act may be cited as the 'State Department 
Basic Authorities Act of 1956'.". 
SEC. 112. CONSULAR AND DIPLOMATIC POSTS ABROAD. 
(a) CONSULAR AND DIPLOMATIC POSTS ABROAD.— 
(1) The State Department Basic Authorities Act of 1956 (as 
amended by subsection (a)) is amended by adding after section 
47 the following: 
"CLOSING OF CONSULAR AND DIPLOMATIC POSTS ABROAD 
22 use 2720. 
"SEC. 48. (a) PROHIBITED UsES OF FuNDS.—Except as provided 
under subsection (d) or in accordance with the procedures under 
subsections 0>) and (c) of this section— 
"(1) no funds authorized to be appropriated to the Department 
of State shall be available to pay any expense related to the 
closing of any United States consular or diplomatic post abroad; 
and 
"(2) no funds authorized to be appropriated to the Department 
of State may 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. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 655 
"(b) POST CLOSING NOTIFICATION.—Not less than 45 days before the 
closing of any United States consular or diplomatic post abroad, the 
Secretary of State shall notify the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Foreign Rela-
tions of the Senate. 
"(c) REPROGRAMMING TREATMENT.—Amounts made available to 
pay any expense related to the closing of a consular or diplomatic 
post abroad shall be treated as a reprogramming of funds under 
section 34 of this Act and shall not be available for obligation or 
expenditure except in compliance with the procedures applicable to 
such reprogramming. 
"(d) EXCEPTIONS.—The provisions of this section do not apply with 
respect to— 
"(1) 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; or 
"(2) 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 
travel by United States citizens to that city has been issued by 
the Department of State. 
"(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.". 
(b) REPEAL.—Section 122 of the Foreign Relations Authorization 
Act, fiscal years 1988 and 1989 (22 U.S.C. 2656 note) is repealed. 
SEC. 113. DENIAL OF PASSPORTS. 
The State Department Basic Authorities Act of 1956 is amended 
by adding after section 48 the following new section: 
"IMPERMISSIBLE BASIS FOR DENIAL OF PASSPORTS 
"SEC. 49. A passport may not be denied issuance, revoked, 
22 USC 2721. 
restricted, or otherwise limited because of any speech, activity, 
belief, affiliation, or membership, within or outside the United 
States, which, if held or conducted within the United States, would 
be protected by the first amendment to the Constitution of the 
United States.". 
SEC. 114. EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE. 
Section 124 of the Foreign Relations Authorization Act, fiscal 
years 1988 and 1989 (22 U.S.C. 2680 note) is amended by adding at 
the end thereof the following: "Items included in each such report 
concerning representation, official travel, and gifts shall be submit-
ted in unclassified form.". 
SEC. 115. LEASE AUTHORITY. 
(a) INCREASE IN LEASE AUTHORITY.—Section 10 of the Foreign 
Service Buildings Act, 1926 (22 U.S.C. 300) is amended by striking 22 USC 301. 
out "$25,000," and inserting in lieu thereof "$50,000". 
(b) ADVANCE PAYMENTS.—Section 10 of the Foreign Service Build-
ings Act, 1926 is further amended— 
(1) by inserting "(a) LEASES.—" after "SEC. 10."; and 
(2) by adding after subsection (a) the following new subsection: 
"(b) ADVANCE PAYMENTS FOR LONG-TERM LEASES AND LEASE PUR-
CHASE.—The Secretary may, subject to the availability of appropria-
tions, make advance payments for long-term leases and lease-pur-
105 STAT. 656 
PUBLIC LAW 102-138—OCT. 28, 1991 
chase agreements, if the Secretary or his designee determines, in 
each case, that such payments are in the interest of the United 
States Government in carrying out the purposes of this Act.", 
(c) EXCEPTION OF LEASES AND PURCHASES FROM COMPETITION.— 
Section 3 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 294), 
is amended in the second sentence by inserting "purchases of build-
ings, for leases, and for" after "contracts for". 
SEC. 116. MULTIYEAR CONTRACTING FOR MOSCOW. 
(a) MULTIYEAR CONTRACT.—For purposes of this section the term 
"multiyear contract" means a contract in effect for a period not to 
exceed five years. 
(b) AUTHORITY.—The Secretary of State may enter into multiyear 
contracts for the acquisition of property and the construction of 
diplomatic facilities in Moscow, as authorized by the Foreign Service 
Buildings Act, 1926, if— 
(1) there are sufficient funds available for United States 
Government liability for— 
(A) total payments under the full term of a contract; or 
(B) payments for the first fiscal year for which the con-
tract is in effect, and for all estimated cancellation costs; 
and 
(2) the Secretary of State determines that— 
(A) a multiyear contract will serve the best interests of 
the United States Government by— 
(i) achieving economies in administration, perform-
ance, and operation; 
(ii) increasing quality of performance by, or service 
from, the contractor; or 
(iii) encouraging effective competition; and 
(B) a multiyear contract will not inhibit small business 
concerns from submitting a bid or proposal for such con-
tract. 
(c) CONTRACT PROVISIONS.— 
(1) Unless funds are available for United States liability for 
payments under the full term of a multiyear contract, a 
multiyear contract shall provide that United States Govern-
ment payments and performance under the contract during the 
second and any subsequent fiscal year of the contract period are 
contingent on the availability of funds for such year. 
(2) A multiyear contract may provide for payment to the 
contractor of a reasonable cancellation charge for a contingency 
under paragraph (1). 
(3) The Secretary is authorized to use such funds as may be 
available from the Foreign Service Buildings Fund for pay-
ments under paragraph (2). 
(d) SUNSET PROVISION.—This section shall cease to have effect 
after September 30,1993. 
SEC. 117. TRANSFERS AND REPROGRAMMINGS. 
(a) BUYING POWER MAINTENANCE ACCOUNT.—Section 24 of 
the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 2696) is 
amended by adding at the end of subsection (b) the following new 
paragraph: 
"(7)(A) Subject to the limitations contained in this paragraph, not 
later than the end of the fifth fiscal year after the fiscal year for 
which funds are appropriated or otherwise made available for an 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 657 
account under 'Administration of Foreign Affairs', the Secretary of 
State may transfer any unobligated balance of such funds to the 
Buying Power Maintenance account. 
"(B) The balance of the Buying Power Maintenance account may 
not exceed $100,000,000 as a result of any transfer under this 
paragraph. 
"(C) Any transfer pursuant to this paragraph shall be treated as a 
reprogramming of funds under section 34 and shall be available for 
obligation or expenditure only in accordance with the procedures 
under such section. 
"(D) The authorities contained in this section may only be exer-
cised to such an extent and in such amounts as specifically provided 
for in advance in appropriations Acts. 
"(E) This paragraph shall cease to have effect after September 30, 
1993.". 
(b) INCREASE IN REPROGRAMMING LIMITATION.—Section 34(a) of the 
State Department Basic Authorities Act of 1956 (22 U.S.C. 2706(a)) is 
amended in paragraph (7) by striking out "$250,000" and inserting 
in lieu thereof "$500,000". 
(c) APPROPRIATIONS.—Section 24(d) of the State Department Basic 
Authorities Act is amended to read as follows: 
"(d)(1) Subject to paragraphs (2) and (3), funds authorized to be 
appropriated for any account of the Department of State in the 
Department of State Appropriations Act, for the second fiscal year 
of any two-year authorization cycle may be appropriated for such 
second fiscal year for any other account of the Department of State. 
"(2) Amounts appropriated for the 'Salaries and Expenses' and 
'Acquisition and Maintenance of Buildings Abroad' accounts may 
not exceed by more than 5 percent the amounts specifically au-
thorized to be appropriated for each such account for a fiscal year. 
No other appropriations account may exceed by more than 10 
percent the amount specifically authorized to be appropriated for 
such account for a fiscal year. 
"(3) The requirements and limitations of section 15 shall not apply 
to the appropriation of funds pursuant to this subsection. 
"(4) This subsection shall cease to have effect after September 30, 
1993.". 
SEC. 118. ADMINISTRATIVE SERVICES. 
Section 23 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2695) is amended— 
(1) by adding before the section designation the following 
section heading: "ADMINISTRATIVE SERVICES"; 
(2) by inserting "(a) AGREEMENTS.—" after "Sec. 23."; and 
(3) by adding at the end thereof the following new subsection: 
, 
"0)) PAYMENT.— 
"(1) A Federal agency which obtains administrative services 
from the Department of State pursuant to an agreement 
authorized under subsection (a) shall make full and prompt 
payment for such services through advance of funds or 
reimbursement. 
"(2) The Secretary of State shall bill each Federal agency for 
amounts due for services provided pursuant to subsection (a). 
The Secretary shall notify a Federal agency which has not made 
full payment for services within 90 days after billing that 
services to the agency will be suspended or terminated if full 
payment is not made within 180 days after the date of notifica-
Termination 
date. 
22 u s e 2696. 
Termination 
date. 
105 STAT. 658 
PUBLIC LAW 102-138—OCT. 28, 1991 
tion. Except as provided under paragraph (3), the Secretary 
shall suspend or terminate services to a Federal agency which 
has not made full payment for services under this section 180 
days after the date of notification. Any costs associated with a 
suspension or termination of services shall be the responsibility 
of, and shall be billed to, the Federal agency. 
"(3) The Secretary of State may waive the requirement for 
suspension or termination under paragraph (2) with respect to 
such services as the Secretary determines are necessary to 
ensure the protection of life and the safety of United States 
Government property. A waiver may be issued for a period not 
to exceed one year and may be renewed.". 
SEC. 119. INTERNATIONAL MEETINGS. 
The State Department Basic Authorities Act of 1956 is amended 
by adding after section 49 the following: 
"INTERNATIONAL MEETINGS 
22 use 2722. 
"SEC. 50. (a) AUTHORITY To PAY EXPENSES.—If the United States 
Government hosts an international meeting or conference in the 
United States, the Secretary of State is authorized to pay all reason-
able expenses of such meeting or conference. Such expenses may 
include rental of quarters O^y contract or otherwise) and personal 
services. 
"Qo) RETENTION OF REIMBURSEMENTS.—To the extent provided in 
an appropriation Act, transfers of funds or other reimbursements 
for payments under subsection (a) are authorized to be retained and 
credited to the appropriate appropriation account of the Depart-
ment of State which is available.". 
SEC. 120. AVAILABILITY OF FUNDS. 
Section 2 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2669) is amended— 
(1) in subsection (j)> by striking out "and"; 
(2) in subsection (k), by striking out the period and inserting 
in lieu thereof "; and"; and 
(3) by adding after subsection (k) the following new subsec-
tion: 
"(1) pay obligations arising under international agreements, 
conventions, and binational contracts to the extent otherwise 
authorized by law.". 
SEC. 121. CHILDCARE FACILITIES AT CERTAIN POSTS ABROAD. 
Section 31 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2703) is amended in subsection (e) by striking out "1990 
and 1991," and inserting in lieu thereof "1992 and 1993,". 
22 u s e 2652b. 
SEC. 122. ASSISTANT SECRETARY OF STATE FOR SOUTH ASIAN AFFAIRS. 
(a) ESTABUSHMENT OF POSITION.—There is established in the 
Department of State the position of Assistant Secretary of State for 
South Asian Affairs, which is in addition to the positions provided 
under the first section of the Act of May 26, 1949 (22 U.S.C. 2652). 
President. 
(b) APPOINTMENT.—The Assistant Secretary shall be appointed by 
the President, by and with the advice and consent of the Senate. 
(c) RESPONSIBILITIES.—The Assistant Secretary shall have respon-
sibility within the Department of State with respect to India, Paki-
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 659 
stan, Bangladesh, Sri Lanka, Nepal, Bhutan, Afghanistan, and the 
Maldives. 
(d) CONFORMING AMENDMENT.— 
(1) POSITIONS AT EXECUTIVE LEVEL IV.—Section 5315 of title 5, 
United States Code, is amended by adding at the end thereof the 
following new item: 
"Assistant Secretary for South Asian Affairs, Department of 
State.". 
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) 5 USC 5315 note. 
shall take effect on October 1,1991. 
(e) IMPLEMENTATION.—In order to carry out this section, the Sec-
retary of State shall reprogram the position of Deputy Assistant 
Secretary for South Asian Affairs. 
SEC. 123. FEES RECEIVED FOR USE OF BLAIR HOUSE. 
Section 46(a) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2718(a)) is amended by striking out "for the fiscal 
years 1990 and 1991,". 
SEC. 124. FOREIGN SERVICE INSTITUTE FACILITIES. 
Section 123 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 (22 U.S.C. 4021 note) is amended in subsection 
(c)(2) by striking out "50,000,000" and inserting in lieu thereof 
"70,000,000". 
SEC. 125. MAINTENANCE MANAGEMENT OF OVERSEAS PROPERTY. 
22 USC 296a. 
The Director of the Office of Foreign Buildings Operations shall— 
(1) direct overseas posts to make annual building condition 
assessments of buildings and facilities used by the post; 
(2) not later than 90 days after the date of the enactment of 
this Act, revise the Foreign Affairs Manual to stipulate that the 
Buildings and Maintenance Handbook shall be used by each 
post to identify their maintenance needs, standardize their 
maintenance operations, and conduct annual assessments as 
required by paragraph (1); 
(3) direct the Office of Foreign Buildings Operations to pro-
vide proper training and assistance to posts to ensure that 
annual surveys are effectively completed; and 
(4) direct overseas posts to ensure that all maintenance pro-
gram fiscal transactions are properly encoded in the Depart-
ment of State accounting system to enable compilation of actual 
expenditures on routine maintenance and specific maintenance 
funded by the Office of Foreign Buildings Operations. 
SEC. 126. DEFENSE TRADE CONTROLS REGISTRATION FEES. 
Section 45 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2717) is amended— 
(1) by striking out the section heading and the heading for 
subsection (a) and inserting in each place the following: "DE-
FENSE TRADE CONTROLS REGISTRATION FEES; 
(2) in subsection (a)— 
(A) by striking out "Munitions Control" each place it 
appears and inserting in lieu thereof "Defense Trade Con-
trols"; 
(B) by striking out "munitions control" each place it 
appears and inserting in lieu thereof "defense trade con-
trols"; and 
105 STAT. 660 
PUBLIC LAW 102-138—OCT. 28, 1991 
(C) by striking out 
thereof "$700,000". 
"$500,000" and inserting in lieu 
SEC. 127. DENIAL OF CERTAIN VISAS. 
(a) AMENDMENT TO STATE DEPARTMENT BASIC AUTHORITIES ACT.— 
The State Department Basic Authorities Act of 1956 is amended by 
adding after section 50 the following new section: 
"DENIAL OF VISAS 
22 use 2723. 
"SEC. 51. (a) REPORT TO CONGRESS.—The Secretary shall report, on 
a timely basis, to the appropriate committees of the Congress each 
time a consular post denies a visa on the grounds of terrorist 
activities or foreign policy. Such report shall set forth the name and 
nationality of each such person and a factual statement of the basis 
for such denial. 
"(b) LIMITATION.—Information contained in such report may be 
classified to the extent necessary and shall protect intelligence 
sources and methods. 
"(c) APPROPRIATE COMMITTEES.—For the purposes of this section 
the term 'appropriate committees of the Congress' means the 
Committee on the Judiciary and the Committee on Foreign Affairs 
of the House of Representatives and the Committee on the Judiciary 
and the Committee on Foreign Relations of the Senate.". 
8 u s e 1182 note. 
SEC. 128. VISA LOOKOUT SYSTEMS. 
(a) VISAS.—The Secretary of State may not include in the Auto-
mated Visa Lookout System, or in any other system or list which 
maintains information about the excludability of aliens under the 
Immigration and Nationality Act, the name of any alien who is not 
excludable from the United States under the Immigration and 
Nationality Act, subject to the provisions of this section. 
(b) CORRECTION OF LISTS.—Not later than 3 years after the date of 
enactment of this Act, the Secretary of State shall— 
(1) correct the Automated Visa Lookout System, or any other 
system or list which maintains information about the exclud-
ability of aliens under the Immigration and Nationality Act, by 
deleting the name of any alien not excludable under the 
Immigration and Nationality Act; and 
Reports. 
(2) report to the Congress concerning the completion of such 
correction process. 
(c) REPORT ON CORRECTION PROCESS.— 
(1) Not later than 90 days after the date of enactment of this 
Act, the Secretary of State, in coordination with the heads of 
other appropriate Government agencies, shall prepare and 
submit to the appropriate congressional committees, a plan 
which sets forth the manner in which the Department of State 
will correct the Automated Visa Lookout System, and any other 
system or list as set forth in subsection (b). 
(2) Not later than 1 year after the date of enactment of this 
Act, the Secretary of State shall report to the appropriate 
congressional committees on the progress made toward complet-
ing the correction of lists as set forth in subsection (b). 
(d) APPLICATION.—This section refers to the Immigration and 
Nationality Act as in effect on and after June 1, 1991. 
(e) LIMITATION.— 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 661 
(1) The Secretary may add or retain in such system or list the 
names of aUens who are not excludable only if they are included 
for otherwise authorized law enforcement purposes or other 
lawful purposes of the Department of State. A name included 
for other lawful purposes under this paragraph shall include a 
notation which clearly and distinctly indicates that such person 
is not presently excludable. The Secretary of State shall adopt 
procedures to ensure that visas are not denied to such individ-
uals for any reason not set forth in the Immigration and 
Nationality Act. 
(2) The Secretary shall publish in the Federal Register regula-
tions and standards concerning maintenance and use by the 
Department of State of systems and lists for purposes described 
in paragraph (1). 
(3) Nothing in this section may be construed as creating new 
authority or expanding any existing authority for any activity 
not otherwise authorized by law. 
(f) DEFINITION.—As used in this section the term "appropriate 
congressional committees" means the Committee on the Judiciary 
and the Committee on Foreign Affairs of the House of Representa-
tives and the Committee on the Judiciary and the Committee on 
Foreign Relations of the Senate. 
SEC. 129. PROHIBITION ON ISSUANCE OF ISRAEL-ONLY PASSPORTS. 
(a) PURPOSE.—It is the purpose of this section— 
(1) to direct the Secretary of State to seek an end to the policy 
of the majority of Arab League nations of rejecting passports, 
and denying entrance visas to persons whose passport or other 
documents reflect that the holder has visited Israel, and to 
secure the adoption of policies that assure that travel to such 
Arab League nations by persons who have visited Israel shall 
not be unreasonably impeded; and 
(2) to prohibit United States Government acquiescence in the 
policy of the majority of Arab League nations of rejecting Israel 
by rejecting passports of, and denying entrance visas to, persons 
whose passport or other documents reflect that the holder has 
visited Israel, especially with respect to travel by officials of the 
United States. 
(b) NEGOTIATIONS.—The Secretary of State shall immediately 
undertake negotiations to seek an end to the policy of the majority 
of Arab League nations of rejecting passports of, and denying en-
trance visas to, private persons and officials of all nations whose 
passports or other documents reflect that the holder thereof has 
visited Israel. 
(c) REPORT TO CONGRESS.—The Secretary of State shall submit a 
report 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 Representa-
tives within 60 days of the date of enactment of this Act. The report 
shall describe the status of efforts to secure an end to the passport 
and visa policy of the majority of Arab League nations as described 
in subsection (a), and describe the prospects that such efforts would 
be successful within 90 days of the date of enactment of this Act. 
(d) PROHIBITION ON THE ISSUANCE OF ISRAEL-ONLY PASSPORTS.— 
(1) PROHIBITION.—Notwithstanding any other provision of 
law, the Secretary of State shall not issue any passport that is 
designated for travel only to Israel. 
Federal 
Register, 
publication. 
Regulations. 
105 STAT. 662 
PUBLIC LAW 102-138—OCT. 28, 1991 
Regulations. 
(2) CANCELLATION.—Not later than ninety days after the date 
of enactment of this Act, the Secretary of State shall promul-
gate regulations for the cancellation not later than 180 days 
after the enactment of this Act of any currently valid passport 
which is designated for travel only to Israel. 
(e) POLICY ON NONACQUIESCENCE.— 
(1) REQUIREMENT OF SINGLE PASSPORT.—The Secretary of State 
shall not issue more than one official or diplomatic passport to 
any official of the United States Government for the purpose of 
enabling that official to acquiesce in or comply with the policy 
of the majority of Arab League nations of rejecting passports of, 
or denying entrance visas to, persons whose passport or other 
documents reflect that the person has visited Israel. 
Regulations. 
(2) IMPLEMENTATION OF POLICY OF NONCOMPLIANCE.—The Sec-
retary of State shall promulgate such rules and regulations as 
are necessary to ensure that officials of the United States 
Government do not comply with, or acquiesce in, the policy of 
the majority of Arab League nations of rejecting passports of, or 
denying entrance visas to, persons whose passport or other 
documents reflect that the person has visited Israel. 
(3) EFFECTIVE DATE.— 
(A) Except as provided in subparagraph (B), this subsec-
tion shall take effect 90 days after the date of enactment of 
this Act. 
(B) If the report under subsection (c) is not submitted 
within 60 days of the date of enactment of this Act, this 
subsection shall take effect 60 days after the date of enact-
ment of this Act. 
PART C—DIPLOMATIC RECIPROCITY AND 
SECURITY 
SEC. 131. DIPLOMATIC CONSTRUCTION PROGRAM. 
Section 
402(a) of the 
Omnibus 
Diplomatic 
Security 
and 
22 use 4852. 
Antiterrorism Act of 1986 (22 U.S.C. 4582(a)) is amended— 
(1) in paragraph (1) lay striking out "$5,000,000" and inserting 
in lieu thereof "$10,000,000"; and 
(2) by amending paragraph (2) to read as follows: 
"(2) bid on a diplomatic construction or design project which 
involves technical security, unless the project involves low-level 
technology, as determined by the Assistant Secretary for Diplo-
matic Security.". 
SEC. 132. CONSTRUCTION OF DIPLOMATIC FACILITIES. 
(a) LIMITATION.—Amounts appropriated pursuant to section 
101(a)(7) shall be available for obligation and expenditure subject to 
the provisions of this section. 
(b) COMPREHENSIVE PLAN.—(1) Not later than 180 days after the 
date of enactment of this Act, the Secretary of State, in coordination 
with the heads of other appropriate Government agencies, shall 
prepare and submit to the appropriate committees of the Congress, a 
comprehensive plan which sets forth current and future space 
requirements for the United States Mission in Moscow and how 
such requirements will be met. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 663 
(2) In addition to such other information as the Secretary of State 
considers necessary and appropriate, such plan shall include de-
tailed information concerning requirements for— 
(A) United States constructed and secure office space to 
house all classified or sensitive activities from the most 
secure to unclassified but sensitive functions; 
(B) unclassified nonsensitive office functions; 
(C) staff housing that is physically safe, secure, and ade-
quate for the needs of the entire United States Mission, 
both permanent and transient; 
(D) secure and unsecured warehousing; 
(E) recreational facilities; 
(F) expanded activities of the United States Information 
Agency, including offices and cultural activities; 
(G) expanded consular activities of the Mission; 
(H) expanded activities of the Foreign Commercial Serv-
ice of the Department of Commerce; 
(I) activities of the Immigration and Naturalization Serv-
ice; and 
(J) all other anticipated United States Government space 
requirements. 
(3) In the preparation of such plan, the Secretary shall ensure that 
detailed consideration be given to at least three construction options 
for the new chancery building at the United States Embassy in 
Moscow: (A) full teardown and rebuild; (B) four floor "top hat" in 
which two floors are removed from the unfinished New Office 
Building and four floors added; and (C) a two floor "top hat" in 
which no floors are removed but two are added. 
(c) IMPLEMENTING DOCUMENTS.—The Secretary of State shall 
make available to the appropriate committees of Congress copies of 
all agreements, including memoranda of understanding, exchanges 
of letters, and all other written agreements with the governments of 
the Soviet Union, the Russian Republic, and the City of Moscow 
necessary to implement the comprehensive plan under subsection 
(b). 
(d) REPORT.— 
(1) Not later than 60 days before the obligation or expenditure 
of any funds authorized to be appropriated under section 
101(a)(7), the Secretary of State and the Director of Central 
Intelligence shall submit to the appropriate committees of the 
Congress a joint written report on alternative approaches to the 
reconstruction of the new chancery building at the United 
States Embassy in Moscow (as authorized under section 
101(a)(7)). 
(2) CONTENTS OF REPORT.—The report under paragraph (1) 
shall contain a detailed comparison of the relative advantages 
and disadvantages of all alternatives considered with respect to 
the new chancery building at the United States Embassy in 
Moscow and shall identify the alternative selected for im-
plementation. Such report shall include an analysis of the 
/ 
following factors: 
(A) Estimated cost of completion, based on comparable 
levels of fit, finish, and equipment. 
(B) Estimated time to completion. 
(C) Total amount of secure and nonsecure space available 
for office and other functions. 
105 STAT. 664 
PUBLIC LAW 102-138—OCT. 28, 1991 
(D) Whether classified or sensitive functions would be 
conducted in nonsecure areas, and, if so, how the conduct of 
such functions would be made secure. 
(E) Whether, and to what extent, Embassy functions or 
normal work practices would have to be rearranged in 
order to accommodate limitations on secure space. 
(e) EXTRAORDINARY SECURITY SAFEGUARDS.— 
(1) In carrying out the reconstruction project for the new 
chancery building at the United States Embassy in Moscow, the 
Secretary of State shall ensure that extraordinary security 
safeguards are implemented with respect to all aspects of secu-
rity, including materials, logistics, construction methods, and 
site access. 
(2) Such extraordinary security safeguards under paragraph 
(1) shall include the following: 
(A) Exclusive United States control over the site during 
reconstruction. 
^ 
(B) Exclusive use of United States or non-Soviet materials 
with respect to the new chancery structure. 
(C) Exclusive use of United States workmanship with 
respect to the new chancery structure. 
(D) To the extent feasible, prefabrication in the United 
States of major portions of the new chancery. 
(E) Exclusive United States control over construction 
materials during the entire logistical process of reconstruc-
tion. 
(f) UNITED STATES-SOVIET RECIPROCITY CONCERNING OCCUPANCY OF 
NEW CHANCERY BUILDINGS.—The Secretary of State may not permit 
the Soviet Union to use any new office building at the Soviet 
Union's new Mount Alto embassy complex in Washington, District 
of Columbia, or any other new facility in the Washington metropoli-
tan area, until— 
(1) the new chancery building at the United States Embassy 
in Moscow is ready for occupancy; 
(2) the Secretary of State and the Director of Central Intel-
ligence certify, on the basis of the best available information, 
that the new chancery building at the United States Embassy in 
Moscow provides a secure working environment for all sensitive 
diplomatic activities from unclassified but sensitive functions to 
the most highly classified functions, provides adequate secure or 
securable office space for future mission needs, and can be 
safely and securely occupied by the United States and used for 
its intended purpose; and 
(3) the Soviet Union agrees to provide full reimbursement (in 
the form of cash payment, property, or other goods and services 
of real monetary value) to the United States for costs incurred 
by the United States as a result of noncompliance with the 
terms and requirements of the Agreement between the Govern-
ment 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, as well as other activities which have 
impeded use of the unfinished new office building of the United 
States Embassy of Moscow for its intended purpose, the amount 
of such reimbursement shall be determined by agreement 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 665 
101 Stat. 
1329-23. 
99 Stat. 429. 
between the United States and the Soviet Union, or by 
arbitration. 
(g) REPORT.—In the event the amount of reimbursement agreed to 
under subsection (f) by the Soviet Union is less than the amount of 
funds expended for the damages described in subsection (f) that are 
determined by the Secretary of State to be the responsibility of the 
Soviet Union, the Secretary of State shall submit a report to the 
Committee on Foreign Affairs of the House of Representatives and 
the Committee on Foreign Relations of the Senate. Such report shall 
contain a detailed explanation of the reasons the Secretary accepted 
the settlement arrangements of the United States claims and the 
financial costs to the United States of doing so. 
(h) CONFORMING AMENDMENTS.— 
(1) Section 304 of Public Law 100-202 (The Department of 
Commerce, Justice, and State, the Judiciary and Related Agen-
cies Appropriations Act, 1988) is repealed. 
(2) Section 154 of Public Law 99-93 (The Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987) is repealed. 
(3) The Supplemental Appropriations Act 1985 (P.L. 99-88) is 
amended under the heading "ACQUISITION, OPERATION, 
AND MAINTENANCE OF BUILDINGS ABROAD" for the 
99 Stat. 307. 
Department of State by striking out ": Provided," and all that 
follows before the period at the end of subsection (d). 
(i) DEFINITIONS.—For the purposes of this section, the term 
"appropriate committees of Congress", means the Committee on 
Foreign Affairs, the Committee on Appropriations, and the Select 
Committee on Intelligence of the House of Representatives and the 
Committee on Foreign Relations, the Committee on Appropriations, 
and the Select Committee on Intelligence of the Senate. 
(j) ESTABLISHMENT OF ADDITIONAL UNITED STATES MISSIONS IN THE Reports. 
SOVIET UNION.—Not later than 120 days after the date of enactment 
of this Act, the Secretary of State shall prepare and submit a report 
to the Congress outlining plans for the establishment of additional 
United States missions in the former Soviet Union. Particular prior-
ity should be placed on establishing an appropriate United States 
presence in Tbilisi, Georgia; Kishinev, Moldavia; Yerevan, Armenia; 
and Khabarovsk, Russia or another suitable nearby location in the 
Russian Far East. Such report shall include the number of missions 
and personnel, projected costs, and the ramifications regarding 
reciprocity for Soviet missions in the United States. 
SEC. 133. POSSIBLE MOSCOW EMBASSY SECURITY BREACH. 
Not later than 90 days after the date of the enactment of this Act, 
the Secretary of State shall prepare and submit to the Congress a 
report on the extent to which United States assets were com-
promised by Soviet "firefighters" in the March 1991 fire at the 
United States Embassy complex in Moscow. Such report shall in-
clude an accounting of the Embassy's political, military, commu-
nications, and intelligence capabilities, and shall be submitted in 
claissified, as well as unclsissified, form. 
SEC. 134. SPECIAL AGENTS. 
(a) REPORT.—Not later than 180 days after the date of enactment 
of this act, the Attorney General and the Secretary of State shall 
jointly submit to the Committees on the Judiciary and Foreign 
Relations of the Senate and the Committees on the Judiciary and 
Foreign Affairs of the House of Representatives a report and rec-
Reports. 
Classified 
information. 
105 STAT. 666 
PUBLIC LAW 102-138—OCT. 28, 1991 
ommendations regarding whether Special Agents of the Diplomatic 
Security Service should be authorized to make arrests without 
warrants for offenses against the United States committed in their 
presence or for any felony cognizable under the laws of the United 
States if they have reasonable grounds to believe that the person to 
be arrested has committed or is committing such a felony. 
(b) TERMS OF REFERENCE.—The report required by subsection (a) 
shall address at least the following topics: 
(1) Whether similar arrest authority granted other Federal 
law enforcement agencies such as the Drug Enforcement 
Agency, the United States Customs Service, United States Mar-
shals, the Secret Service, and the Federal Bureau of Investiga-
tion has on balance served the public interest. 
(2) Whether execution of the existing statutory responsibil-
ities of the Diplomatic Security Service would be furthered by 
granting of such authority. 
(3) Disadvantages which would be likely to result from grant-
ing of such authority, including disadvantages in terms of 
protection of civil liberties. 
(4) Proposed statutory language which would if enacted pro-
vide any such authority recommended. 
(5) Proposed regulations to implement any such enacted 
authority. 
SEC. 135. PROTECTION FOR UNITED NATIONS FACILITIES AND MISSIONS. 
(a) PERMANENT AUTHORIZATION.— 
(1) Section 208(b)(1) of title 3, United States Code, is 
amended— 
(A) by striking out "$7,000,000" and inserting in lieu 
thereof "$10,000,000"; 
(B) by striking out "1982" and inserting in lieu thereof 
"1991"; and 
(C) by striking out "after such date" and inserting in lieu 
thereof "without regard to the fiscal year such obligations 
were entered into, including obligations entered into before 
sucii ds-tft 
(2) Section 208(b)(2) of title 3, United States Code, is 
amended— 
(A) by striking out "$17,700,000" and inserting in lieu 
thereof "$8,000,000"; 
(B) by striking out "1982" and inserting in lieu thereof 
"1991"; and 
(C) by inserting before the period at the end thereof the 
following: ", except that not more than $4,000,000 of this 
amount shall be obligated or expended during fiscal year 
1992". 
Effective date. 
(3) The amendments made by this subsection shall take effect 
3 use 208 note. 
on October 1,1991. 
(b) PROTECTION OF FOREIGN DIPLOMATIC MISSIONS.— 
(1) Section 202(8)(C) of title 3, United States Code, is amended 
to read as follows: "(C) when the extraordinary protective need 
arises at or in association with a visit to (i) a permanent mission 
to, or an observer mission invited to participate in the work of, 
an international organization of which the United States is a 
member; or (ii) an international organization of which the 
United States is a member, except that such protection may also 
be provided for motorcades and at other places associated with 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 667 
any such visit and may be extended at places of temporary 
domicile in connection with any such visit;". 
(2) Section 202(9) of title 3, United States Code, is amended to 
read as follows: 
"(9) foreign consular and diplomatic missions located in such 
areas in the United States, its territories and possessions, as the 
President, on a case-by-case basis, may direct; and". 
(3) Section 202 of title 3, United States Code, is amended by 
adding after paragraph (9) the following: 
"(10) visits of foreign government officials to metropolitan 
areas (other than the District of Columbia) where there are 
located 20 or more consular or diplomatic missions staffed by 
accredited personnel, including protection for motorcades and 
at other places associated with such visits, pursuant to invita-
tions of the United States Government.". 
(4)(A) Except as provided in subparagraph (B), the amend-
ments made by this subsection shall take effect October 1, 1991. 
(B) The amendments made by paragraph (1) shall be deemed 
to have become effective as of January 1,1989. 
(5) Protective services provided by a State or local government 
at any time during the period beginning on January 1, 1989, 
and ending on September 30, 1991, which were performed in 
connection with visits described in section 202(8) of title 3, 
United States Code, as amended by this subsection, shall be 
deemed to be reimbursement obligations entered into pursuant 
to section 208(a) of that title as if the amendment made by 
paragraph (1) of this subsection was in effect during that period 
and the services had been requested by the Secretary of State. 
(c) CONFORMING AMENDMENTS.—Section 208(a) of title 3, United 
States Code, is amended by striking out "section 202(7)" each place 
it appears and inserting in lieu thereof "sections 202(8) and 202(10)". 
SEC. 136. STUDY OF CONSTRUCTION SECURITY NEEDS. 
Not more than one year after the date of enactment of this Act, 
the Secretary of State shall submit to the Chairman of the Foreign 
Relations Committee of the Senate and the Speaker of the House of 
Representatives a report and recommendations regarding security 
needs for diplomatic construction. The Secretary of State shall 
review priorities, recommendations, and plans, generally known as 
the "Inman Report", and address specifically whether changing 
budgetary and foreign policy priorities since the "Inman Report" 
continue to justify the "Inman" recommendations. The report 
should also assess whether authorizations for "Inman" security 
activities should be modified or repealed in light of changed 
conditions. 
PART D — P E R S O N N E L 
Effective dates. 
3 u s e 202 note. 
Inter-
governmental 
relations. 
3 u s e 202 note. 
Reports. 
SEC. 141. AMBASSADORIAL APPOINTMENTS. 
Section 302 of the Foreign Service Act of 1980 (22 U.S.C. 3942) is 
amended in subsection (a)(1) by inserting "as an ambassador," after 
"ambassador at large,". 
SEC. 142. CHIEF OF MISSION SALARY. 
(a) ELECTION.—Section 302 of the Foreign Service Act of 1980 (22 
U.S.C. 3942) is amended in the second sentence of subsection (b) by 
striking out all that follows "assignment" and inserting in lieu 
105 STAT. 668 
PUBLIC LAW 102-138—OCT. 28, 1991 
thereof "may elect to continue to receive the salary of his or her 
salary class, to remain eligible for performance pay under chapter 4, 
and to receive the leave to which such member is entitled under 
subchapter I of chapter 63, title 5, United States Code, as a member 
of the Senior Foreign Service, in lieu of receiving the salary and 
leave (if any) of the position to which the member is appointed by 
the President.". 
(b) PAY CAP.—Section 401 of the Foreign Service Act of 1980 (22 
U.S.C. 3961) is amended in subsection (a) by— 
(1) striking out "Each" and inserting in lieu thereof "Except 
as provided in section 302(b), each"; and 
(2) striking out "level II of such" and inserting in lieu thereof 
"level I of such". 
SEC. 143. AUTHORITY OF SECRETARY TO SUSPEND EMPLOYEES CON-
VICTED OF CRIMES. 
(a) SEPARATION FOR CAUSE.—Section 610(a) of the Foreign Service 
Act of 1980 (22 U.S.C. 4010(a)) is amended— 
(1) in paragraph (3) by striking out "there is reasonable cause 
to believe that a member has committed a crime" and inserting 
in lieu thereof "a member has been convicted of a crime"; 
(2) in paragraph (4)(A) by striking out "suspension, including 
the grounds for reasonable cause to believe a crime has been 
committed" and inserting in lieu thereof "suspension"; and 
(3) in the second sentence of paragraph (5) by striking out 
"there exists reasonable cause to believe a crime has been 
committed for which a sentence of imprisonment may be im-
posed" and inserting in lieu thereof "the conviction require-
ments of subsection (a)(3) have been fulfilled". 
O
t
)
) FOREIGN SERVICE GRIEVANCE BOARD PROCEDURES.—Section 
1106 of the Foreign Service Act of 1980 (22 U.S.C. 4136) is amended 
in the third sentence of paragraph (8) by striking out "determined 
that" and all that follows through the period and inserting in lieu 
thereof "exercised his authority under subsection (a)(3) of section 
610.". 
(c) CONFORMING AMENDMENT.—Section 586 of the Foreign Oper-
ations, Export Financing, and Related Programs Appropriations 
22 use 4010 
Act, 1990 (Public Law 101-167) is amended by striking out subsec-
note. 
tion(c). 
SEC. 144. COMMISSARY ACCESS. 
Section 31(c) of the State Department Basic Authorities Act of 
1956 (22 U.S.C. 2703(c)) is amended by adding before the period at 
the end of the first sentence ", and, where determined by the 
Secretary to be appropriate due to exceptional circumstances, to 
United States citizens hired outside of the host country to serve as 
teaching staff for such dependents abroad". 
SEC. 
1
4
5
. 
STORAGE 
OF 
PERSONAL 
EFFECTS. 
Section 901(12) of the Foreign Service Act of 1980 (22 U.S.C. 
4081(12)) is amended— 
(1) in subparagraph (B) by inserting immediately before the 
semicolon ", except that in extraordinary circumstances the 
Secretary may extend this period for not more than an addi-
tional 90 days'; and 
(2) in subparagraph (C) by inserting immediately before the 
semicolon ", except that in extraordinary circumstances the 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 669 
Secretary may extend this period for not more than an addi-
tional 90 days". 
SEC. 146. TRANSPORTATION OF REMAINS. 
Section 901(10) of the Foreign Service Act of 1980 (22 U.S.C. 
4081(10)) is amended by inserting immediately before the semicolon 
"or, if death occurs in the United States, transport of the remains to 
the designated home in the United States or to a place not more 
distant". 
SEC. 147. AMENDMENTS TO TITLE 5. 
Government 
GIT1D1OV66S 
(a) DURATION OF PAYMENTS; RATES; ACTIVE SERVICE PERIOD.— 
Section 5523(a)(1) of title 5, United States Code, is amended by 
striking "agency)—" and all that follows thereafter and inserting 
the following: "agency) whose departure (or that of the employee's 
dependents or immediate family, as the case may be) is authorized 
or ordered under section 5522(a); and". 
(b) LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE 
ON SEPARATION.—(1) Section 5551(a) of title 5, United States Code, is 
amended by inserting "(excluding any differential under section 
5925 and any allowance under section 5928)" after "pay" in the 
second sentence. 
(2) The amendment made by paragraph (1) shall apply with 
5 USC 5551 note, 
respect to service as part of a tour of duty or extension thereof 
commencing on or after the date of enactment of this Act. 
(c) GENERAL PROVISIONS.—Section 5922 of title 5, United States 
Code, is amended by adding at the end the following: 
"(d) When a quarters allowance or allowance related to education 
under this subchapter, or quarters furnished in Government-owned 
or controlled buildings under section 5912, would be furnished to an 
employee but for the death of the employee, such allowances or 
quarters may be furnished or continued for the purpose of allowing 
any child of the employee to complete the current school year at 
post or away from post notwithstanding the employee's death. 
"(e) When an allowance related to education away from post 
under this subchapter would be authorized with respect to an 
employee but for the evacuation or authorized departure status of 
the post, such an allowance may be furnished or continued for the 
purpose of allowing any dependent children of such employee to 
complete the current school year.". 
(d) QUARTERS ALLOWANCE.—Section 5923 of title 5, United States 
Code, is amended— 
(1) by striking out "When" and inserting in lieu thereof "(a) 
When''^; 
(2) in paragraph (1) (in the matter before subparagraph (A))— 
(A) by striking "lodging" and inserting "subsistence"; and 
(B) by inserting "(including meals and laundry expenses)" 
after "quarters"; 
(3) in paragraph (1)(A), by striking "3 months" and inserting 
"90 days"; 
(4) in paragraph (1)(B), by striking "1 month" and inserting 
"30 days"; and 
(5) by adding at the end the following: 
"(b) The 90-day period under subsection (a)(1)(A) and the 30-day 
period under subsection (a)(1)(B) may each be extended for not more 
than 60 additional days if the head of the agency concerned or his 
designee determines that there are compelling reasons beyond the 
105 STAT. 670 
PUBLIC LAW 102-138—OCT. 28, 1991 
control of the employee for the continued occupancy of temporary 
quarters.". 
(e) CosT-OF-LiviNG ALLOWANCES.—Section 5924 of title 5, United 
States Code, is amended— 
(1) in paragraph (1), by striking "Columbia." and inserting 
"Columbia, except that employees receiving the temporary 
subsistence allowance under section 5923(1) are ineligible for a 
post allowance under this paragraph."; 
(2) in paragraph (2)— 
(A) in the matter before subparagraph (A), by striking 
"expenses," and inserting "subsistence and other relocation 
expenses (including unavoidable lease penalties),"; 
(B) in subparagraph (A), by inserting "the Common-
wealth of the Northern Mariana Islands," after "Puerto 
Rico,"; and 
(C) in subparagraph (B), by striking "between assign-
ments to posts in foreign areas." and inserting "after the 
employee agrees in writing to remain in Government serv-
ice for 12 months after transfer, unless separated for rea-
sons beyond the control of the employee that are acceptable 
to the agency concerned."; and 
(3) in paragraph (4)— 
(A) in the matter before subparagraph (A), by striking 
"dependents," and inserting "dependents (or, to the extent 
education away from post is involved, official assignment to 
service in such area or areas),"; 
(B) in subparagraph (A), by striking "United States," and 
inserting "United States (including such educational serv-
ices as are provided by the States under the Individuals 
with Disabilities Education Act),"; and 
(C) in subparagraph (B)— 
(i) in the first sentence by striking "undergraduate 
college education" and inserting "postsecondary edu-
cational institution education (other than a program of 
post-baccalaureate education)"; 
(ii) in the third sentence by striking "undergraduate 
college education" and inserting "postsecondary edu-
cational institution education (other than a program of 
post-baccalaureate education)"; and 
(iii) by adding at the end the following: "For the 
purposes of this subparagraph, the term 'educational 
institution' has the meaning defined under section 
1701(a)(6) of title 38.". 
SEC. 
1
4
8
. 
VOLUNTARY 
LEAVE 
BANK 
PROGRAM. 
Section 408(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 
3968(a)(1)) is amended in the third sentence by striking out "and (B)" 
and inserting in lieu thereof "(B) programs for voluntary transfers 
of such leave and voluntary leave banks, which shall, to the extent 
practicable, be established in a manner consistent with the provi-
sions of subchapters III and IV, respectively, of chapter 63 of title 5, 
United States Code, and (C)". 
SEC. 149. REASSIGNMENT AND RETIREMENT OF PRESIDENTIAL AP-
POINTEES. 
Section 813 of the Foreign Service Act of 1980 (22 U.S.C. 4053) is 
amended to read as follows: 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 671 
"SEC. 813. REASSIGNMENT AND RExraEMENT OF FORMER PRESI-
DENTIAL APPOINTEES.—(a) Except as provided under subsection (b), a 
participant, who completes an assignment under section 302(b) in a 
position to which he or she was appointed by the President, shall be 
offered reassignment within 90 days after the termination of such 
assignment and any period of authorized leave. 
"(b) Subsection (a) shall not apply with respect to a participant, if 
the Secretary of State determines that reassignment of the partici-
pant is not in the interest of the United States and the Foreign 
Service. 
"(c) A participant who is not reassigned under subsection (a) shall 
be retired from the Service and receive retirement benefits in 
accordance with section 806 or 855, as appropriate.". 
SEC. 150. COMMISSION TO STUDY PERSONNEL QUESTIONS AT THE 
DEPARTMENT OF STATE. 
(a) MEMBERSHIP.— 
(1) Within 90 days of the date of enactment of this Act, the 
Secretary of State shall appoint seven distinguished members, 
at least six of whom shall have a minimum of ten years 
experience in personnel management, to examine personnel 
issues affecting both Foreign Service and Civil Service employ-
ees at the Department of State. 
(2) Appointments to the Commission shall be made in con-
sultation with the Committee on Foreign Relations of the 
Senate, the Committee on Foreign Affairs of the House of 
Representatives, the Committee on Post Office and Civil Service 
of the House of Representatives, and exclusive representatives 
(as defined in section 1002(9) of the Foreign Service Act of 1980). 
(3) The Secretary of State may reappoint members who served 
on the Commission authorized under section 171 of the Foreign 
Relations Authorization Act, Fiscal Years 1988 and 1989. 
(4) At least two members of the Commission shall have 
specialized knowledge of the Civil Service in the Department of 
State. 
(b) IMPLEMENTATION REPORT.—Not later than one year after the 
date of enactment of this Act, the Commission shall report to the 
Chairmen and ranking Members of the appropriate committees of 
the Congress on the extent to which the Department of State has 
implemented recommendations of the Commission authorized in 
section 171 of the Foreign Relations Authorization Act, Fiscal Years 
1988 and 1989. 
(c) REPORT ON PERSONNEL MATTERS AND CONDITIONS.— 
(1) Not more than one year after the date of enactment of this 
Act, the Commission shall issue a written report to the appro-
priate committees of the Congress on State Department person-
nel questions affecting the effective conduct of foreign policy 
and the efficiency, cost effectiveness, and morale of State 
Department employees. 
,1 
(2) The Commission report required under this subsection 
shall include the following topics: 
(A) Matters related to section 607 of the Foreign Service 
Act of 1980 (22 U.S.C. 4007) relating to senior Foreign 
Service Officers who were working under section 607(d)(2) 
-; 
temporary career extensions on June 2, 1990, and who, 
because the 14-year time-in-class benefit had been denied 
105 STAT. 672 
PUBLIC LAW 102-138—OCT. 28, 1991 
them, were involuntarily retired under section 607 after 
t June 2,1990. 
; ;r 
(B) An examination of the contribution of Civil Service 
personnel to the fulfillment of the mission of the Depart-
ment of State, including— 
(i) recommendations as to how the needs and stand-
;
,
> , 
ing of such employees might be more fully recognized 
by the Department as full partners in the successful 
conduct of foreign policy; and 
(ii) recommendations as to how Civil Service posi-
tions may be better utilized or structured in the 
Department and abroad to enhance the institutional 
memory on evolving foreign policy issues. 
(C) A study of the management and practices at the 
United States Mission to the United Nations, taking into 
account the recommendations of recent reports of the 
Inspector General of the Department of State, 
(d) Definition.—As used in this section the term "appropriate 
committees of the Congress" means the Committee on Foreign 
Relations and the Committee on Appropriations of the Senate and 
the Committee on Foreign Affairs, the Committee on Appropria-
tions, and the Committee on Post Office and Civil Service of the 
House of Representatives. 
22 u s e 4012a. 
SEC. 151. FOREIGN NATIONAL EMPLOYEES SEPARATION PAY. 
(a) ESTABLISHMENT,—There is established in the Treasury of the 
United States a fund to provide separation pay for foreign national 
employees of agencies of the United States Government, other than 
the Department of Defense. 
(b) FUNDING.—There shall be deposited in such account— 
(1) all amounts previously obligated for accrued separation 
pay of foreign national employees of such agencies of the United 
States Government; and 
(2) amounts obligated for fiscal years after 1991 by such 
agencies for the current and future costs of separation pay of 
foreign national employees. 
(c) AVAILABILITY.—Amounts shall be deposited in the fund an-
nually and are authorized to be available until expended. 
(d) EXPENDITURES FROM THE FUND.—Amounts deposited in the 
fund shall be available for expenditure to make separation pay-
ments to foreign national employees in countries in which such pay 
is legally authorized. 
SEC. 152. LOCAL COMPENSATION PLANS FOR UNITED STATES CITIZENS 
RESIDING ABROAD. 
(a) AUTHORITY.—Section 408(a)(1) of the Foreign Service Act of 
1980 (22 U.S.C. 3968(a)(1)) is amended— 
(1) in the first sentence, by inserting after "Service," the 
following: "United States citizens employed in the Service 
abroad who were hired while residing abroad,"; and 
(2) in the second sentence, by inserting after "wages" the 
following: "to United States citizens employed in the Service 
abroad who were hired while residing abroad and". 
(b) EMPLOYMENT PROGRAMS.—Section 4080t)) of such Act is 
amended by inserting after "foreign nationals" the following: ", are 
United States citizens employed in the Service abroad who were 
hired while residing abroad,". 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 673 
SEC. 153. GRIEVANCES BASED ON ALLEGED DISCRIMINATION. 
(a) SCOPE OF GRIEVANCES.—(1) Section 1101(a)(1) of the Foreign 
Service Act of 1980 (22 U.S.C. 4131(a)(1)) (hereinafter in this section 
referred to as "the Act") is amended— 
(A) by striking "and" at the end of subparagraph (F); 
(B) by striking the period at the end of subparagraph (G) and 
inserting "; and"; and 
(C) by adding at the end the following: 
"(H) any discrimination prohibited by— 
"(i) section 717 of the Civil Rights Act of 1964, 
"(ii) section 6(d) of the Fair Labor Standards Act of 
1938, 
"(iii) section 501 of the Rehabilitation Act of 1973, 
"(iv) sections 12 and 15 of the Age Discrimination in 
Employment Act of 1967, or 
"(v) any rule, regulation, or policy directive pre-
scribed under any provision of law described in clauses 
(i) through (iv).". 
(2) Section 1101(b) of the Act (22 U.S.C. 4131(b)) is amended— 
(A) in paragraph (4) by striking "section 11090t))." and insert-
ing "section 1109(a)(2)."; and 
(B) by adding at the end (as a flush left sentence) the follow-
ing: 
"Nothing in this subsection shall exclude any act, omission, or 
condition alleged to violate any law, rule, regulation, or policy 
directive referred to in subsection (a)(1)(H) from such term.". 
(b) 
LIMITATION ON FIUNG 
OF CERTAIN GRIEVANCES.—Section 
1104(a) of the Act (22 U.S.C. 4134(a)) is amended— 
(1) by inserting "under this chapter" before "unless"; and 
(2) by adding at the end the following: 
"(c)(1) In applying subsection (a) with respect to an alleged viola-
tion of a law, rule, regulation, or policy directive referred to in 
section 1101(a)(1)(H), the reference to '3 years' shall be deemed to 
read '180 days', subject to paragraph (2). 
"(2) If the occurrence or occurrences giving rise to the grievance 
are alleged to have occurred while the grievant was assigned to a 
post abroad, the 180-day period provided for under paragraph (1) 
shall not commence until the earlier o
f
— 
"(A) the date as of which the grievant is no longer assigned to 
such post; or 
"(B) the expiration of the 18-month period beginning on the 
date of the occurrence giving rise to the grievance or the last 
such occurrence, as the case may be.". 
(c) SUBSTANTIVE LAW TO BE APPLIED.—Section 1107 of the Act 
(22 
U.S.C. 4137) is amended by adding at the end the following: 
"(f) The Board shall, with respect to any grievance based on an 
alleged violation of a law, rule, regulation, or policy directive re-
ferred to in section 1101(a)(1)(H), apply the substantive law that 
would be applied by the Equal Employment Opportunity Commis-
sion if a charge or claim alleging discrimination under such law, 
rule, regulation, or policy directive had been filed with the 
commission.". 
(d) RELATIONSHIP TO OTHER REMEDIES.—(1) Section 1109 of the 
Act 
(22 U.S.C. 4139) is amended— 
(A) in subsection (a) by striking "(a)" and inserting "(a)(1)"; 
(B) in subsection (b)— 
105 STAT. 674 
PUBLIC LAW 102-138—OCT. 28, 1991 
(i) by striking "(b)" and inserting "(2)"; 
(ii) by striking "subsection (a)," and inserting "paragraph 
(1),"; 
(iii) by striking "under this section" and inserting "under 
this subsection"; and 
(iv) by adding after paragraph (2), as so redesignated by 
clause (i), the following: 
"(3) This subsection shall not apply to any grievance with respect 
to which subsection (b) applies."; and 
(C) by adding at the end the following: 
"(b)(1) With respect to a grievance based on an alleged violation of 
a law, rule, regulation, or policy directive referred to in section 
1101(a)(1)(H), a grievant may either— 
"(A) file a grievance under this chapter, or 
"(B) initiate in writing a proceeding under another provision 
of law, regulation, or Executive order that authorizes relief, 
but not both. 
"(2) A grievant shall be considered to have exercised the option 
under paragraph (1) as soon as the grievant timely either— 
"(A) files a grievance under this chapter, or 
"(B) initiates in writing a proceeding under such other provi-
sion of law, regulation, or Executive order.". 
(2) Section 1015(d) of the Act (22 U.S.C. 4115(d)) is amended by 
striking "section 1109(b)," and inserting "section 1109(a)(2),". 
(e) JUDICIAL REVIEW.—Section 1110 of the Act (22 U.S.C. 4140) is 
amended— 
(1) by striking "Any" and inserting "(a) Any"; 
(2) by adding after the second sentence the following new 
sentence: "This subsection shall not apply to any grievance with 
respect to which subsection (b) applies."; and 
(3) by adding at the end the following new subsection: 
"03)(1) For purposes of this subsection, the term 'aggrieved party' 
means a grievant. 
"(2) With respect to a grievance based on an alleged violation of a 
law, rule, regulation, or policy directive referred to in section 
1101(a)(1)(H), judicial review of whether the act, omission, or condi-
tion that is the basis of the grievance violates such law, rule, 
regulation, or policy directive may be obtained by an aggrieved 
party only if such party commences a civil action, not later than 90 
days after such party receives notice of the final action of the 
Secretary or the Board, in an appropriate district court of the 
United States for de novo review.". 
22 use 4115 
(f) APPLICABILITY.—The amendments made by this section shall 
"°*®- 
not apply with respect to any grievance (within the meaning of 
section 1101 of the Act, as amended by this section) arising before 
the date of enactment of this Act. 
Reports. 
SEC. 154. COMPENSATION FOR LOSS OF PERSONAL PROPERTY INCIDENT 
TO SERVICE. 
Not later than 90 days after enactment of this Act, the Depart-
ment of State shall submit to the Chairman of the Foreign Relations 
Committee of the Senate and the Speaker of the House of Represent-
atives, a report on the need for the establishment of a mechanism to 
compensate employees of the Department of State who have legiti-
mate claims resulting from loss of personal property under 
circumstances set forth in the Military Personnel and Civilian 
Employees Claims Act of 1964, as amended (31 U.S.C. 3721c), and 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 675 
22 u s e 4001 
note. 
22 u s e 287e 
note. 
whose losses exceed the amounts covered in such Act. This report 
shall include legislative recommendations, if necessary, to imple-
ment these recommendations. Losses covered by this report shall 
include legitimate claims for losses incurred in Mogadishu, Somalia. 
SEC. 155. LANGUAGE TRAINING IN THE FOREIGN SERVICE. 
The Department of State, the Department of Commerce, and the 
United States Information Agency shall ensure that the precepts for 
promotion of Foreign Service employees provide that end-of-training 
reports for employees in full-time language training shall be 
weighed as heavily as the annual employee efficiency reports, in 
order to ensure that employees in language training are not dis-
advantaged in the promotion process. 
PART E—INTERNATIONAL ORGANIZATIONS 
SEC. 161. MATERIAL DONATIONS TO UNITED NATIONS PEACEKEEPING 
OPERATIONS. 
It is the sense of the Congress that the Permanent Representative 
of the United States to the United Nations should work to ensure 
that in-kind contributions by the United States and other nations to 
the United Nations peacekeeping forces are included at their full 
value when calculating the contributions to United Nations peace-
keeping forces. 
SEC. 162. REFORM IN BUDGET DECISIONMAKING PROCEDURES OF THE 
UNITED NATIONS AND ITS SPECIALIZED AGENCIES. 
(a) ASSESSED CONTRIBUTIONS.—For assessed contributions au-
thorized to be appropriated by section 102 of this Act, the President 
may withhold 20 percent of the funds appropriated for the United 
States assessed contribution to the United Nations or to any of its 
specialized agencies for any calendar year if the United Nations or 
any such agency has failed to implement or to continue to imple-
ment consensus-based decisionmaking procedures on budgetary mat-
ters which assure 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) NOTICE TO CONGRESS.—The President shall notify the Congress President, 
when a decision is made to withhold any share of the United States 
assessed contribution to the United Nations or its specialized agen-
cies pursuant to subsection (a) and shall notify the Congress when 
the decision is made to pay any previously withheld assessed con-
tribution. A notification under this subsection shall include appro-
priate consultation between the President (or his representative) 
and the Committee on Foreign Affairs of the House of Representa-
tives and the Committee on Foreign Relations of the Senate. 
(c) CONTRIBUTIONS FOR PRIOR YEARS.—Subject to the availability of 
appropriations, payment of assessed contributions for prior years 
may be made to the United Nations or any of its specialized agencies 
notwithstanding subsection (a) of this section, section 405 of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(Public Law 101-246) and section 143 of the Foreign Relations 
Authorization Act, Fiscal Years 1986 and 1987 (Public Law 99-93) if 
such payment would further United States interests in that 
organization. 
(d) REPORT TO CONGRESS.—Not later than February 1 of each year, President, 
the President shall submit a report to the Congress concerning the 
105 STAT. 676 
PUBLIC LAW 102-138—OCT. 28, 1991 
22 use 287e 
note. 
President. 
22 use 269. 
Reports. 
22 use 276/. 
payment of assessed contributions to the United Nations and any of 
its specialized agencies during the preceding calendar year. 
(e) REPEAL OF EXISTING LAW.—Section 143 of the Foreign Rela-
tions Authorization Act, Fiscal Years 1986 and 1987, and section 405 
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991, are repealed. 
SEC. 163. REPORT 
TO CONGRESS 
CONCERNING 
UNITED 
NATIONS 
SECONDMENT. 
Section 701 of the Foreign Relations Authorization Act, Fiscal 
Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 287e note) is 
amended— 
(1) by striking out subsection (b); and 
(2) by redesignating subsections (c) and (d) as subsections 0^) 
and (c), respectively. 
SEC. 164. PERMANENT 
INTERNATIONAL 
ASSOCIATION 
OF 
ROAD 
CONGRESSES. 
(a) REPEAL.—The Act of June 18, 1926 (22 U.S.C. 269) is repealed. 
O
t
)
) AUTHORITY.—The President is authorized to maintain member-
ship of the United States in the Permanent International Associa-
tion of Road Congresses. 
SEC. 165. INTERNATIONAL BOUNDARY AND WATER COMMISSION. 
Section 103 of the Act of September 13, 1950 (22 U.S.C. 277d-3), is 
amended— 
(1) by inserting "official entertainment and other representa-
tion expenses within the United States for the United States 
section; after "guard purposes;"; and 
(2) by striking out the period at end thereof and inserting in 
lieu thereof ": Provided further. 
That the United States 
Commissioner shall prepare, within 30 days after the end of 
each fiscal year, a report of all expenditures during that year 
for official entertainment and other representation expenses, 
which shall be available for public inspection.". 
SEC. 166. INTERNATIONAL 
FISHERIES 
COMMISSIONS 
ADVANCE 
PAYMENTS. 
Section 3 of the Department of State Basic Authorities Act of 1956 
(22 U.S.C. 2670) is amended— 
(1) at the end of subsection (j) by striking out "and"; 
(2) in subsection (k) by striking out the period and inserting in 
lieu thereof "; and"; and 
(3) by adding after 
subsection (k) the following new 
subsection: 
"(1) make payments in advance, of the United States share of 
necessary expenses for international fisheries commissions, from 
appropriations available for such purpose.". 
SEC. 167. JAPAN-UNITED STATES FRIENDSHIP COMMISSION. 
Section 6 of the Japan-United States Friendship Act (22 U.S.C. 
2905) is amended in paragraph (4) by inserting "or for not more than 
50 percent of administrative expenses in the United States" after 
"Japan". 
SEC. 168. BRITISH-AMERICAN INTERPARLIAMENTARY GROUP. 
(a) ESTABUSHMENT AND MEETINGS.—Not to exceed 24 Members of 
Congress shall be appointed to meet annually and when the Con-
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 677 
gress is not in session (except that this restriction shall not apply to 
meetings held in the United States), with representatives of the 
House of Commons and the House of Lords of the Parliament of 
Great Britain for discussion of common problems in the interest of 
relations between the United States and Great Britain. The Mem-
bers of Congress so appointed shall be referred to as the "United 
States group" of the United States Interparliamentary Group. 
(b) APPOINTMENT OF MEMBERS.—Of the Members of Congress ap-
pointed for purposes of this section— 
(1) half shall be appointed by the Speaker of the House of 
Representatives from among Members of the House (not less 
than 4 of whom shall be members of the Committee on Foreign 
Affairs), and 
(2) half shall be appointed by the President Pro Tempore of 
the Senate, upon recommendations of the majority and minor-
ity leaders of the Senate, from among Members of the Senate 
(not less than 4 of whom shall be members of the Committee on 
Foreign Relations) unless the majority and minority leaders of 
the Senate determine otherwise. 
(c) CHAIR AND VICE CHAIR.—(1) The Chair or Vice Chair of the 
House delegation of the United States group shall be a member from 
the Committee on Foreign Affairs. 
(2) The President Pro Tempore of the Senate shall designate the 
Chair or Vice Chair of the Senate delegation. 
(d) FUNDING.—There is authorized to be appropriated $50,000 for 
each fiscal year to assist in meeting the expenses of the United 
States group for each fiscal year for which an appropriation is made, 
half of which shall be for the House delegation and half of which 
shall be for the Senate delegation. The House and Senate portions of 
such appropriations shall be disbursed on vouchers to be approved 
by the Chair of the House delegation and the Chair of the Senate 
delegation, respectively. 
(e) CERTIFICATION OF EXPENDITURES.—The certificate of the Chair 
of the House delegation or the Senate delegation of the United 
States group shall be final and conclusive upon the accounting 
officers in the auditing of the accounts of the United States group. 
(f) ANNUAL REPORT.—The United States group shall submit to the 
Congress a report for each fiscal year for which an appropriation is 
made for the United States group, which shall include its expendi-
tures under such appropriation. 
(g) INTERPARLIAMENTARY CONFERENCE OF NORTH ATLANTIC ASSEM-
BLY.—Section 5 of the joint resolution entitled "Joint resolution to 
authorize participation by the United States in parliamentary con-
ferences of the North Atlantic Treaty Organization", approved July 
11, 1956 (22 U.S.C. 1928e), is amended by inserting immediately after 
the first sentence the following: "In addition to amounts authorized 
by section 2, there is authorized to be appropriated $550,000 for 
fiscal year 1994 to meet the expenses incurred by the United States 
group in hosting the fortieth annual meeting of the North Atlantic 
Assembly.". 
SEC. 169. UNITED STATES DELEGATION TO THE PARLIAMENTARY ASSEM- 
22 USC 276m. 
ELY OF THE CONFERENCE ON SECURITY AND COOPERATION 
IN EUROPE (CSCE). 
(a) ESTABLISHMENT.—In accordance with the allocation of seats to 
the United States in the Parliamentary Assembly of the Conference 
on Security and Cooperation in Europe (hereinafter referred to as 
105 STAT. 678 
PUBLIC LAW 102-138—OCT. 28, 1991 
the "CSCE Assembly") not to exceed 17 Members of Congress shall 
be appointed to meet jointly and annually with representative 
parliamentary groups from other Conference on Security and Co-
operation in Europe (CSCE) member-nations for the purposes o
f
— 
(1) assessing the implementation of the objectives of the 
CSCE; 
(2) discussing subjects addressed during the meetings of the 
Council of Ministers for Foreign Affairs and the biennial 
Summit of Heads of State or Government; 
(3) initiating and promoting such national and multilateral 
measures as may further cooperation and security in Europe. 
(b) APPOINTMENT OF DELEGATION.—For each meeting of the CSCE 
Assembly, there shall be appointed a United States Delegation, as 
follows: 
(1) In 1992 and every even-numbered year thereafter, 9 Mem-
bers shall be appointed by the Speaker of the House from 
Members of the House (not less than 4 of whom, including the 
Chairman of the United States Delegation, shall be from the 
Committee on Foreign Affairs); and 8 Members shall, upon 
recommendations of the Majority and Minority leaders of the 
Senate, be appointed by the President Pro Tempore of the 
Senate from Members of the Senate (not less than 4 of whom, 
including the Vice Chairman of the United States Delegation, 
shall be from the Committee on Foreign Relations, unless the 
President Pro Tempore of the Senate, upon recommendations of 
the Majority and Minority leaders of the Senate, determines 
otherwise). 
(2) In every odd-numbered year beginning in 1993, 9 Members 
shall, upon recommendation of the Majority and Minority Lead-
ers of the Senate, be appointed by the President Pro Tempore of 
the Senate from Members of the Senate (not less than 4 of 
whom, including the Chairman of the United States Delegation, 
shall be from the Committee on Foreign Relations, unless the 
President Pro Tempore of the Senate, upon recommendations of 
the Majority and Minority leaders of the Senate, determines 
otherwise); and 8 Members shall be appointed by the Speaker of 
the House from Members of the House (not less than 4 of whom, 
including the Vice Chairman, shall be from the Committee on 
Foreign Affairs). 
(c) ADMINISTRATIVE SUPPORT.—For the purpose of providing gen-
eral staff support and continuity between successive delegations, 
each United States Delegation shall have 2 secretaries (one of whom 
shall be appointed by the Chairman of the Committee on Foreign 
Affairs of the House of Representatives and one of whom shall be 
appointed by the Chairman of the Delegation of the Senate). 
(d) FUNDING.— 
(1) UNITED STATES PARTICIPATION.—There is authorized to be 
appropriated for each fiscal year $80,000 to assist in meeting the 
expenses of the United States delegation. For each fiscal year 
for which an appropriation is made under this subsection, half 
of such appropriation may be disbursed on voucher to be ap-
proved by the Chairman and half of such appropriation may be 
disbursed on voucher to be approved by the Vice Chairman. 
(2) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated 
pursuant to this subsection are authorized to be available until 
expended. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 679 
(e) ANNUAL REPORT.—The United States Delegation shall, for each 
fiscal year for which an appropriation is made, submit to the 
Congress a report including its expenditures under such appropria-
tion. The certificate of the Chairman and Vice Chairman of the 
United States Delegation shall be final and conclusive upon the 
accounting officers in the auditing of the accounts of the United 
States Delegation. 
SEC. 170. REPORT CONCERNING THE UNITED NATIONS EDUCATIONAL, 
SCIENTIFIC AND CULTURAL ORGANIZATION. 
Not later than 270 days after the date of the enactment of this 
Act, the Secretary of State (in consultation with the heads of all 
appropriate bureaus and offices of the Department of State) shall 
prepare and submit to the Congress a report on the activities after 
April 30, 1990 of the United Nations Educational, Scientific and 
Cultural Organization (UNESCO). 
SEC. 171. REPORT OF COMMISSION ON SECURITY AND COOPERATION IN 
EUROPE. 
Section 5 of the Act entitled "An Act establishing a Commission 
on Security and Cooperation in Europe", approved June 3, 1976 (22 
U.S.C. 3005), is amended— 
(1) by striking out "a semiannual" before "report" and insert-
ing in lieu thereof "an annual"; and 
(2) by striking out "the first one to be submitted six months 
after the date of enactment of this Act" after "report". 
SEC. 172. INTERGOVERNMENTAL NEGOTIATING COMMITTEE FOR A 
FRAMEWORK CONVENTION ON CLIMATE CHANGE REPORT. 
It is the sense of the Congress regarding negotiations taking place 
in the Intergovernmental Negotiating Committee that the frame-
work convention should seek to provide for commitments by all 
nations to— 
(1) improved coordination of research activities and monitor-
ing of global climate change; 
(2) adoption of measures that are justified for a variety of 
reasons and which also have the effect of limiting or adapting to 
any adverse effects of climate change; 
(3) establishment of national strategies to address climate 
change and to make public accounting of the elements of such 
strategy and the effect on net emissions of greenhouse gases; 
(4) establishment of verifiable goals for net reductions of 
greenhouse gases by all nations in an equitable manner; and 
(5) the development of plans by each country to reach those 
goals. 
SEC. 173. INTER-AMERICAN FOUNDATION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—The first sentence of sec-
tion 401(s)(2) of the Foreign Assistance Act of 1969 is amended to 
22 USC 290f. 
read as follows: "There are authorized to be appropriated 
$28,800,000 for fiscal year 1992 and $31,000,000 for fiscal year 1993 
to carry out this section,". 
(b) BOARD OF DIRECTORS.— 
(1) QUALIFICATIONS.—Section 401(g) of that Act is amended by 
adding at the end the following: "All individuals appointed to 
the Board shall possess an understanding of and sensitivity to 
105 STAT. 680 
PUBLIC LAW 102-138—OCT. 28, 1991 
community level development processes. No more than 5 mem-
bers of the Board may be members of any one political party.". 
22USC290f 
(2) TRANSITION RULE.—The requirements established by the 
"°*®- 
amendment made by paragraph (1) do not affect appointments 
made to the Board of the Inter-American Foundation before the 
date of enactment of this Act. 
22 use 290f. 
(c) PRINCIPAL OFFICE.—Section 401(q) of that Act is amended to 
read as follows: 
"(q) The Foundation shall maintain its principal office in the 
metropolitan Washington, D.C., area. The Foundation may establish 
agencies, branch offices, or other offices in any place or places 
outside the United States in which the Foundation may carry on all 
or any of its operations and business.". 
(d) EXPENSES FOR MEETINGS AND PRINTING.—Section 401 of that 
Act is amended by adding at the end the following: 
"(v) Funds made available to the Foundation may be used for the 
expenses described in section 1345 of title 31 of the United States 
Code (relating to travel, transportation, and subsistence expenses for 
meetings). 
"(w) Funds made available to the Foundation may be used for 
printing and binding without regard to section 501 of title 44, United 
States Code.". 
(e) RELATION TO AMENDMENTS IN FOREIGN RELATIONS AUTHORIZA-
TION ACT.—If the Foreign Relations Authorization Act, Fiscal Years 
1992 and 1993, contains amendments to section 401 of the Foreign 
Assistance Act of 1961 that are identical to the amendments de-
scribed in this section, then whichever of such amendments are 
enacted later shall not be effective. 
SEC. 174. HOUSING BENEFITS OF THE UNITED STATES MISSION TO THE 
UNITED NATIONS. 
(a) REVIEW.—The Secretary of State shall conduct a review and 
evaluation of policies and procedures for the provision of housing 
benefits (including leased housing, housing allowances, differential 
payments, or any comparable benefit) to United States Government 
personnel assigned to the United States Mission to the United 
Nations. Such review shall consider the December 1989 rec-
ommendations of the Inspector General of the Department of State 
concerning housing benefits, and other recommendations as 
appropriate. 
(b) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State shall submit a comprehen-
sive report of the findings of such review and evaluation to the 
Chairman of the Committee on Foreign Relations of the Senate and 
the Speaker of the House of Representatives. Such report shall 
include, but not be limited to— 
(1) a summary of all leased housing policy changes; 
(2) information concerning implementation of recommenda-
tions of the Inspector General for the Department of State, 
including an explanation for not implementing any rec-
ommendation made by the Inspector General; and 
(3) designation of positions at the United States Mission to the 
United Nations which require the incumbent to live in the 
Borough of Manhattan, and specific justification for such 
designation. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 681 
SEC. 175. ENHANCED SUPPORT FOR UNITED NATIONS PEACEKEEPING. 
(a) ACTIONS BY THE SECRETARY GENERAL OF THE UNITED NA-
TIONS.—The Secretary of State, through the United States Rep-
resentative to the United Nations, should propose to the Secretary 
General of the United Nations that the United Nations should 
explore means, including procedures and organizational initiative, 
for expediting the implementation of peacekeeping operations au-
thorized by the Security Council. 
(b) REPORT OF THE SECRETARY OF STATE.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary of State 
shall prepare and submit, to the Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs of the House of 
Representatives, a report which makes recommendations concern-
ing changes in United States law which would enhance the United 
States participation in peacekeeping operations authorized by the 
United Nations. Such report shall include legislative recommenda-
tions to expedite the use of appropriated funds for peacekeeping 
purposes on an emergency basis. 
SEC. 176. SPECIAL PURPOSE INTERNATIONAL ORGANIZATIONS. 
(a) LIMITATION.—Of the funds authorized to be appropriated under 
section 101(a)(1) for "Salaries and Expenses" of the Department of 
State, $1,000,000 shall be available only after the submission of the 
report under subsection (b). 
(b) REPORT TO CONGRESS.—Not later than March 1, 1992, the 
Secretary of State shall submit to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate a report on the international organizations 
listed in subsection (c). Such report shall include the following 
information with respect to each international organization: 
(1) The purpose and activities of the organization. 
(2) The political and economic benefits to the United States of 
membership in the organization. 
(3) The effect on United States consumers and importers of 
the activities and policies of the organization. 
(c) SPECIAL PURPOSE INTERNATIONAL ORGANIZATIONS.—The follow-
ing international organizations shall be included in the report under 
this section: 
(1) International Center for the Study of Preservation and 
Restoration of Cultural Property. 
(2) International Coffee Organization. 
(3) International Cotton Advisory Committee. 
(4) International Hydrographic Organization. 
(5) International Jute Organization. 
(6) International Lead and Zinc Study Group. 
(7) International Rubber Organization. 
(8) International Office of Epizootics. 
(9) International Organization for Legal Metrology. 
(10) International Rubber Study Group. 
(11) International Sugar Organization. 
(12) International Tropical Timber Organization. 
(13) International Union for the Conservation of Nature and 
Natural Resources. 
(14) Permanent International Association of Road Congresses. 
(15) World Tourism Organization. 
105 STAT. 682 
PUBLIC LAW 102-138—OCT. 28, 1991 
SEC. 177. GREAT LAKES FISHERY COMMISSION. 
Of the amounts authorized to be appropriated by section 103(4) of 
this Act, there is authorized to be appropriated up to $8,200,000 for 
fiscal year 1992 and up to $12,300,000 for fiscal year 1993 for the 
purpose of enabling the Department of State to carry out its author-
ity, function, duty, and responsibility in the conduct of foreign 
affairs of the United States in connection with the Great Lakes 
Fishery Commission. 
SEC. 178. INTER-AMERICAN ORGANIZATIONS. 
(a) POLICY.—Taking into consideration the long-term commitment 
by the United States to the affairs of this hemisphere and the need 
to build further upon the linkages between the United States and its 
neighbors, the Congress believes that the Secretary of State, in 
allocating the level of resources for the "International Organiza-
tions and Commissions" account, should pay particular attention to 
funding levels of the Inter-American organizations. 
(b) FINDING.—The Congress finds that the work done by these 
organizations has been of great benefit to the region, and the United 
States itself has experienced a positive return from their efforts. 
SEC. 179. INTERNATIONAL COFFEE ORGANIZATION. 
It is the sense of the Congress that the President should give the 
highest priority to the interests of United States consumers in 
shaping United States policy toward a new international coffee 
agreement. 
22 u s e 2686a. 
SEC. 180. APPOINTMENT OF SPECIAL COORDINATOR FOR WATER POLICY 
NEGOTIATIONS AND WATER RESOURCES POLICY. 
(a) DESIGNATION.—The Secretary of State shall designate a Special 
Coordinator— 
(1) to coordinate the United States Government response to 
international water resource disputes and needs; 
(2) to represent the United States Government, whenever 
appropriate, in multilateral fora in discussions concerning 
access to fresh water; and 
(3) to formulate United States policy to assist in the resolution 
of international problems posed by the lack of fresh water 
supplies. 
(b) OTHER RESPONSIBILITIES.—The individual designated under 
subsection (a) may carry out the functions of subsection (a) in 
addition to other assigned responsibilities. 
Reports. 
SEC. 181. EMPLOYMENT OF UNITED STATES CITIZENS BY CERTAIN INTER-
22 u s e 276C-4. 
NATIONAL ORGANIZATIONS. 
Not less than 180 days after enactment of this Act, and each year 
thereafter, the Secretary of State shall submit a report to the 
Congress concerning each international organization which had a 
geographic distribution formula in effect on January 1, 1991, of 
whether each such organization— 
(1) is taking good faith steps to increase the staffing of United 
States citizens; and 
(2) has met its geographic distribution formula. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 683 
PART F—MISCELLANEOUS PROVISIONS 
SEC. 191. TRAVEL ADVISORY FOR JALISCO, MEXICO. 
Section 134 of the Foreign Relations Authorization Act, Fiscal 
Years 1986 and 1987 is repealed. 
99 Stat. 421. 
SEC. 192. IMPLEMENTATION OF 
THE 
NAIROBI FORWARD-LOOKING 
STRATEGIES FOR THE ADVANCEMENT OF WOMEN. 
(a) REPORT TO CONGRESS.—Two years after the date of the enact-
ment of this Act, the Secretary of State shall submit to the Congress 
a report on the progress of the United States implementation of the 
Nairobi Forward-Looking Strategies for the Advancement of Women 
(Nairobi Strategies), as adopted by the 40th session of the United 
Nations General Assembly in Resolution 40/108 on December 13, 
1985. 
(b) FINAL REPORT.—Not later than 90 days prior to the 1995 
deadline for submission of the report to the United Nations Sec-
retary General on the United States implementation of the Nairobi 
Strategies, the Secretary of State shall submit to the Congress a 
preliminary version of such report. 
SEC. 193. STUDY OF TECHNICAL SECURITY AND COUNTERINTELLIGENCE 
CAPABILITIES. 
(a) STUDY BY INSPECTOR GENERAL.—Not later than 30 days after 
the date of enactment of this Act, the Inspector General of the 
Department of State shall initiate, with the cooperation of other 
appropriate Federal agencies, a study of the overseas technical 
security and counterintelligence capabilities and practices of the 
Department of State. The study shall be completed not later than 
one year after the date of enactment of this Act. 
(b) CONTENT.—The study shall evaluate— 
(1) the overseas technical security and counterintelligence 
capabilities of the Department of State since the enactment of 
the Omnibus Diplomatic Security and Antiterrorism Act of 
1986; 
(2) the level of the State Department's capabilities in tech-
nical security and counterintelligence relative to the technical 
and human intelligence threats identified by other appropriate 
Federal agencies; and 
(3) whether the Department of State is the most appropriate 
Federal agency to carry out overseas technical security and 
counterintelligence functions. 
(c) REPORT TO CONGRESS.—Not later than 400 days after the date of 
the enactment of this Act, the Inspector General of the Department 
of State shall prepare and submit, with the cooperation of other 
appropriate Federal agencies, a written report of the findings of 
such study to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate. The Inspector General may submit such report in classified 
form. 
SEC. 194. STUDY OF SEXUAL HARASSMENT AT THE DEPARTMENT OF 
STATE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that the 
Department of State has been negligent in carrying out section 155 
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 
1991, "Study of Sexual Harassment at the Department of State". 
105 STAT. 684 
PUBLIC LAW 102-138—OCT. 28, 1991 
(b) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Inspector General of the Department of State 
shall report to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate on the reasons for the Department's negligence in adhering 
to deadlines required by law in implementing section 155 of the 
Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, 
and what steps, if any, the Department has taken to prevent such a 
failure from recurring. 
22 use 2679b. 
SEC. 195. PROHIBITION AGAINST FRAUDULENT USE OF "MADE IN AMER-
ICA" LABELS. 
If it has been finally determined by a court or Federal agency that 
a person intentionally affixed a label bearing a "Made in America" 
inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in 
the United States, that person shall be ineligible to receive any 
contract or subcontract from the Department of State, pursuant to 
the debarment, suspension, and ineligibility procedures in subpart 
9.4 of chapter 1 of title 48, Code of Federal Regulations. 
22 use 2680-1. 
SEC. 196. DEADLINE FOR RESPONSES TO QUESTIONS FROM CONGRES-
SIONAL COMMITTEES. 
(a) IN GENERAL.—An officer or employee of the Department of 
State to whom a written or oral question is addressed by any 
member of a committee specified in subsection (b), acting within his 
official capacity, shall respond to such question within 21 days 
unless the Secretary of State submits a letter to such member 
explaining why a timely response cannot be made. 
03) SPECIFIED COMMITTEES.—The committees referred to in subsec-
tion (a) are the Committee on Foreign Relations of the Senate and 
the Committee on Foreign Affairs of the House of Representatives. 
22 use 2656h. 
SEC. 197. INTERNATIONAL CREDIT REPORTS. 
(a) REPORT ON LOAN CRITERIA.—Not later than 90 days after the 
date of enactment of this Act, the Assistant Secretary of State for 
Economic and Business Affairs, in consultation with the Secretary 
of the Treasury, shall submit to the Chairman of the Foreign 
Relations Committee of the Senate and the Speaker of the House of 
Representatives a report setting forth clear criteria for bilateral 
loans by which the United States can determine the likelihood of 
repayment by a country seeking to receive United States loans. The 
report should include the criteria used for— 
(1) assessing country risk; 
(2) projecting loan repayments; and 
(3) estimating subsidy levels. 
0>) REPORTS ON LOANS.—Beginning 180 days after the submission 
of the report in subsection (a) and annually thereafter, the Secretary 
of State, in consultation with the Secretary of the Treasury, shall 
submit a report to the Chairman of the Foreign Relations Commit-
tee of the Senate and the Speaker of the House of Representatives 
showing actual repayments by country and by program to the 
United States Government for the previous 5 years and the sched-
uled repayments to the United States Government for the next 5 
years. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 685 
SEC. 198. THE FOREIGN RELATIONS OF THE UNITED STATES HISTORICAL 
SERIES. 
(a) AMENDMENT.—The State Department Basic Authorities Act of 
1956 is amended by adding at the end thereof the following new 
title: 
"TITLE IV—FOREIGN RELATIONS OF THE 
UNITED STATES HISTORICAL SERIES 
"SEC. 401. GENERAL AUTHORITY AND CONTENTS OF PUBLICATION. 
22 USC 4351. 
"(a) CHARTER OF THE PUBLICATION.—The Department of State 
shall continue to publish the 'Foreign Relations of the United States 
historical series' (hereafter in this title referred to as the 'FRUS 
series'), which shall be a thorough, accurate, and reliable documen-
tary record of major United States foreign policy decisions and 
significant United States diplomatic activity. Volumes of this 
publication shall include all records needed to provide a comprehen-
sive documentation of the major foreign policy decisions and actions 
of the United States Government, including the facts which contrib-
uted to the formulation of policies and records providing supporting 
and alternative views to the policy position ultimately adopted. 
"(b) EDITING PRINCIPLES.—The editing of records for preparation 
of the FRUS series shall be guided by the principles of historical 
objectivity and accuracy. Records shall not be altered and deletions 
shall not be made without indicating in the published text that a 
deletion has been made. The published record shall omit no facts 
which were of major importance in reaching a decision, and nothing 
shall be omitted for the purpose of concealing a defect of policy. 
"(c) DEADLINE FOR PUBLICATION OF RECORDS.—The Secretary of 
State shall ensure that the FRUS series shall be published not more 
than 30 years after the events recorded. 
"SEC. 402. RESPONSIBILITY FOR PREPARATION OF THE FRUS SERIES. 
22 USC 4352. 
"(a) IN GENERAL.— 
"(1)(A) The Historian of the Department of State shall be 
responsible for the preparation of the FRUS series, including 
the selection of records, in accordance with the provisions of 
this title. 
"(B) The Advisory Committee on Historical Diplomatic Docu-
mentation shall review records, and shall advise and make 
recommendations to the Historian concerning all aspects of 
preparation and publication of the FRUS series, including, in 
accordance with the procedures contained in section 403, the 
review and selection of records for inclusion in volumes of the 
series. 
"(2) Other departments, agencies, and other entities of the 
United States Government shall cooperate with the Office of the 
Historian by providing full and complete access to the records 
pertinent to United States foreign policy decisions and actions 
and by providing copies of selected records in accordance with 
the procedures developed under section 403, except that no 
access to any record, and no provision of any copy of a record, 
shall be required in the case of any record that was prepared 
less than 26 years before the date of a request for such access or 
copy made by the Office of the Historian. 
105 STAT. 686 
PUBLIC LAW 102-138—OCT. 28, 1991 
"(b) NATIONAL ARCHIVES AND RECORDS ADMINISTRATION.—Not-
withstanding any other provision of this title, the requirement for 
the National Archives and Records Administration to provide access 
to, and copies of, records to the Department of State for the FRUS 
series shall be governed by chapter 21 of title 44, United States 
Code, by any agreement concluded between the Department of State 
and the National Archives and Records Administration, and, in the 
case of Presidential records, by section 2204 of such title. 
22 use 4353. 
"SEC. 403. PROCEDURES FOR IDENTIFYING RECORDS FOR THE FRUS 
SERIES; DECLASSIFICATION, REVISIONS, AND SUMMARIES. 
"(a) DEVELOPMENT OF PROCEDURES.—Not later than 180 days after 
the date of enactment of this title, each department, agency, or 
other entity of the United States Government engaged in foreign 
policy formulation, execution, or support shall develop procedures 
for its historical office (or a designated individual in the event that 
there is no historical office)— 
"(1) to coordinate with the State Department's Office of the 
Historian in selecting records for possible inclusion in the FRUS 
series; 
"(2) to permit full access to the original, unrevised records by 
such individuals holding appropriate security clearances as 
have been designated by the Historian as liaison to that depart-
ment, agency, or entity, for purposes of this title, and by mem-
bers of the Advisory Committee; and 
"(3) to permit access to specific types of records not selected 
for inclusion in the FRUS series by the individuals identified in 
paragraph (2) when requested by the Historian in order to 
confirm that records selected by that department, agency, or 
entity accurately represent the policymaking process reflected 
in the relevant part of the FRUS series. 
"(b) DECLASSIFICATION REVIEW.— 
"(1) Subject to the provisions of this subsection, records se-
lected by the Historian for inclusion in the FRUS series shall be 
submitted to the respective originating agency for declassifica-
tion review in accordance with that agency's procedures for 
such review, except that such declassification review shall be 
completed by the originating agency within 120 days after such 
records are submitted for review. If the originating agency 
determines that any such record is not declassifiable because of 
a continuing need to protect sources and methods for the collec-
tion of intelligence information or to protect other sensitive 
national security information, then the originating agency shall 
attempt to make such deletions in the text as will make the 
record declassifiable. 
"(2) If the Historian determines that the meaning of the 
records proposed for inclusion in a volume of the FRUS series 
would be so altered or changed by deletions made under para-
graph (1) that publication in that condition could be misleading 
or lead to an inaccurate or incomplete historical record, then 
the Historian shall take steps to achieve a satisfactory resolu-
tion of the problem with the originating agency. Within 60 days 
of receiving a proposed solution from the Historian, the origi-
nating agency shall furnish the Historian a written response 
agreeing to the solution or explaining the reasons for the 
alteration or deletion. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 687 
"(3) The Historian shall inform the Advisory Committee of 
any failure by an originating agency to complete its declassifica-
tion review of a record within 120 days and of any steps taken 
under paragraph (2). 
"(4) If the Advisory Committee determines that the meaning 
of the records proposed for inclusion in a volume of the FRUS 
series would be so altered or changed by deletions made under 
paragraph (1), or if the Advisory Committee determines as a 
result of inspection of other documents under subsection (a)(3) 
that the selection of documents could be misleading or lead to 
an inaccurate or incomplete historical record, then the Advisory 
Committee shall so advise the Secretary of State and submit 
recommendations to resolve the issue. 
"(5)(A) The Advisory Committee shall have full and complete 
access to the original text of any record in which deletions have 
been made. In the event that the head of any originating agency 
considers it necessary to deny access by the Advisory Committee 
to the original text of any record, that agency head shall 
promptly notify the Advisory Committee in writing, describing 
the nature of the record in question and the justification for 
withholding that record. 
"(B) The Historian shall provide the Advisory Committee 
with a complete list of the records described in subparagraph 
(A). 
"(6) If a record is deleted in whole or in part as a result of 
review under this subsection then a note to that effect shall be 
inserted at the appropriate place in the FRUS volume. 
"SEC. 404. DECLASSIFICATION OF STATE DEPARTMENT RECORDS. 
22 USC 4354. 
"(a) DEADLINE FOR DECLASSIFICATION.— 
"(1) Except as provided in subsection (b), each classified record 
of permanent historical value (as determined by the Secretary 
of State and the Archivist of the United States) which was 
published, issued, or otherwise prepared by the Department of 
State (or any officer or employee thereof acting in an official 
capacity) shall be declassified not later than 30 years after the 
record was prepared, shall be transferred to the National Ar-
chives and Records Administration, and shall be made available 
at the National Archives for public inspection and copying. 
"(2) Nothing in this subsection may be construed to require 
the declassification of a record wholly prepared by a foreign 
government. 
"(b) EXEMPTED RECORDS.—Subsection (a) shall not apply to any 
record (or portion thereof) the publication of which the Secretary of 
State, in coordination with any agency that originated information 
in the records, determines— 
"(1) would compromise weapons technology important to the 
national defense of the United States or reveal sensitive 
information relating to the design of United States or foreign 
military equipment or relating to United States cryptologic 
systems or activities; 
"(2) would disclose the names or identities of living persons 
who provided confidential information to the United States and 
would pose a substantial risk of harm to such persons; 
"(3) would demonstrably impede current diplomatic negotia-
tions or other ongoing official activities of the United States 
105 STAT. 688 
PUBLIC LAW 102-138—OCT. 28, 1991 
Government or would demonstrably impair the national secu-
rity of the United States; or 
"(4) would disclose matters that are related solely to the 
internal personnel rules and practices of the Department of 
State or are contained in personnel, medical, or similar files the 
disclosure of which would constitute a clearly unwarranted 
invasion of personal privacy. 
"(c) REVIEW.— 
"(1) The Advisory Committee shall review— 
"(A) the State Department's declsissification procedures, 
"(B) all guidelines used in declassification, including 
those guidelines provided to the National Archives and 
Records Administration which are in effect on the date of 
enactment of this title, and 
"(C) by random sampling, records representative of all 
Department of State records published, issued, or otherwise 
prepared by the Department of State that remain classified 
after 30 years. 
"(2) In the event that the Secretary of State considers it 
necessary to deny access to records under paragraph (1)(C), the 
Secretary shall notify the Advisory Committee in writing, 
describing the nature of the records in question and the jus-
tification for withholding them. 
"(d) REPORTING REQUIREMENT.—The Advisory Committee shall 
annually submit to the Secretary of State a report setting forth its 
findings from the review conducted under subsection (c). 
"(e) REPORT TO CONGRESS.—Not later than 180 days after the date 
of the enactment of this title, the Secretary of State shall prepare 
and submit a written report to the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Foreign Rela-
tions of the Senate on factors relevant to compliance with this 
section, and the procedures to be used for implementing the require-
ments of this section. 
22 u s e 4355. 
"SEC. 405. RELATIONSHIP TO THE PRIVACY ACT AND THE FREEDOM OF 
INFORMATION ACT. 
"(a) PRIVACY ACT.—Nothing in this title may be construed as 
requiring the public disclosure of records or portions of records 
protected under section 552a of title 5, United States Code (relating 
to the privacy of personal records). 
"(b) FREEDOM OF INFORMATION ACT.— 
"(1) Except as provided in paragraph (2), no record (or portion 
thereof) shall be excluded from publication in the FRUS series 
under section 403, or exempted from the declassification 
requirement of section 404, solely by virtue of the application of 
section 552(b) of title 5, United States Code (relating to the 
exemption of certain matters from freedom of information 
requirements). 
"(2) Records described in section 222(f) of the Immigration and 
Nationality Act (relating to visa records) shall be excluded from 
publication in the FRUS series under section 403 and, to the 
extent applicable, exempted from the declassification require-
ment of section 404. 
22 u s e 4356. 
"SEC. 406. ADVISORY COMMITTEE. 
"(a) ESTABUSHMENT.— 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 689 
"(1) There is established on a permanent basis the Advisory 
Committee on Historical Diplomatic Documentation for the 
Department of State. The activities of the Advisory Committee 
shall be coordinated by the Office of the Historian of the 
Department of State. 
"(2) The Advisory Committee shall be composed of 9 members 
and an executive secretary. The Historian shall serve as execu-
tive secretary. 
"(3)(A) The members of the Advisory Committee shall be 
appointed by the Secretary of State from among distinguished 
historians, political scientists, archivists, international lawyers, 
and other social scientists who have a demonstrable record of 
substantial research pertaining to the foreign relations of the 
United States. No officer or employee of the United States 
Government shall be appointed to the Advisory Committee. 
"(B)(i) Six members of the Advisory Committee shall be ap-
pointed from lists of individuals nominated by the American 
Historical Association, the Organization of American Histo-
rians, the American Political Science Association, Society of 
American Archivists, the American Society of International 
Law, and the Society for Historians of American Foreign Rela-
tions. One member shall be appointed from each list. 
"(ii) If an organization does not submit a list of nominees 
under clause (i) in a timely fashion, the Secretary of State shall 
make an appointment from among the nominees on other lists. 
"(b) TERMS OF SERVICE FOR APPOINTMENTS.— 
"(1) Except as provided in paragraph (2), members of the 
Advisory Committee shall be appointed for terms of three years. 
"(2) Of the members first appointed, as designated by the 
Secretary of State at the time of their appointment (after 
consultation with the appropriate organizations) three shall be 
appointed for terms of one year, three shall be appointed for 
terms of two years, and three shall be appointed for terms of 
three years. 
"(3) Each term of service under paragraph (1) shall begin on 
September 1 of the year in which the appointment is made. 
"(4) A vacancy in the membership of the Advisory Committee 
shall be filled in the same manner as provided under this 
subsection to make the original appointment. A member ap-
pointed to fill a vacancy occurring before the expiration of a 
term shall serve for the remainder of that term. A member may 
continue to serve when his or her term expires until a successor 
is appointed. A member may be appointed to a new term upon 
the expiration of his or her term. 
"(c) SELECTION OF CHAIRPERSON.—The Advisory Committee shall 
select, from among its members, a chairperson to serve a term of 1 
year. A chairperson may be reelected upon expiration of his or her 
term as chairperson. 
"(d) MEETINGS.—A majority of the members of the Advisory 
Committee shall constitute a quorum. The Advisory Committee 
shall meet at least quarterly or as frequently as may be necessary to 
carry out its duties. 
"(e) SECURITY CLEARANCES.— 
"(1) All members of the Advisory Committee shall be granted 
the necessary security clearances, subject to the standard proce-
dures for granting such clearances. 
105 STAT. 690 
PUBLIC LAW 102-138—OCT. 28, 1991 
"(2) For purposes of any law or regulation governing access to 
classified records, a member of the Advisory Committee seeking 
access under this paragraph to a record shall be deemed to have 
a need to know. 
"(f) COMPENSATION.— 
"(1) Members of the Advisory Committee— 
"(A) shall each receive compensation at a rate of not to 
exceed the daily equivalent of the annual rate of basic pay 
payable for positions at GS-15 of the General Schedule 
under section 5332 of title 5, United States Code, for each 
day such member is engaged in the actual performance of 
the duties of the Advisory Committee; and 
"(B) shall be allowed travel expenses, including per diem 
in lieu of subsistence at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, United 
States Code, while away from their homes or regular places 
of business in the performance of services of the Advisory 
Committee. 
"(2) The Secretary of State is authorized to provide for 
necessary secretarial and staff assistance for the Advisory 
Committee. 
"(3) The Federal Advisory Committee Act shall not apply to 
the Advisory Committee to the extent that the provisions of this 
title are inconsistent with that Act. 
22 use 4357. 
"SEC. 407. DEFINITIONS. 
"For purposes of this title— 
"(1) the term 'Advisory Committee' means the Advisory 
Committee on Historical Diplomatic Documentation for the 
Department of State; 
"(2) the term 'Historian' means the Historian of the Depart-
ment of State or any successor officer of the Department of 
State responsible for carrying out the functions of the Office of 
the Historian, Bureau of Public Affairs, of the Department of 
State, as in effect on the date of enactment of this title; 
"(3) the term 'originating agency' means, with respect to a 
record, the department, agency, or entity of the United States 
(or any officer or employee thereof of acting in his official 
capacity) that originates, develops, publishes, issues, or other-
wise prepares that record or receives that record from outside 
the United States Government; and 
"(4) the term 'record' includes any written material (including 
any document, memorandum, correspondence, statistical data, 
book, or other papers), map, photograph, machine readable 
material, or other documentary material, regardless of physical 
form or characteristics, made or received by an agency of the 
United States Government under Federal law or in connection 
with the transaction of public business and preserved or appro-
priate for preservation by that agency or its legitimate succes-
sor as evidence of the organization, functions, policies, decisions, 
procedures, operations, or other activities of the Government or 
because of the informational value in them, and such term does 
not include library or museum material made or acquired and 
preserved solely for reference or exhibition purposes, any extra 
copy of a document preserved only for convenience of reference, 
or any stocks of publications or of processed documents.". 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 691 
(b) PREVIOUS ADVISORY COMMITTEE ON HISTORICAL DIPLOMATIC 22 use 4356 
DOCUMENTATION.—The Advisory Committee on Historical Docu- ^°*®-
mentation for the Department of State established before the date of 
enactment of this Act shall terminate on such date. 
(c) COMPLIANCE.— 
(1) The Secretary of State shall ensure that the requirements 
22 USC 4354 
of section 404 of the State Department Basic Authorities Act of "°*® 
1956 (as amended by this section) are met not later than one 
year after the date of enactment of this Act. If the Secretary 
cannot reasonably meet the requirements of such section, he 
shall so notify the Committee on Foreign Relations of the 
Senate and the Committee on Foreign Affairs of the House of 
Representatives, and describe how the Department of State 
intends to meet the requirements of that section. In no event 
shall full compliance with the requirements of such section take 
place later than 2 years after the date of enactment of this Act. 
(2)(A) In order to come into compliance with section 401(c) of 22 USC 4351 
the State Department Basic Authorities Act of 1956 (as "°*®-
amended by this section) the Secretary of State shall ensure 
that, by the end of the 3-year period beginning on the date of 
the enactment of this Act, all volumes of the Foreign Relations 
of the United States historical series (FRUS) for the years that 
are more than 30 years before the end of that 3-year period have 
been published. 
(B) If the Secretary cannot reasonably meet the requirements 
of subparagraph (A), the Secretary shall notify the Committee 
on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives and describe 
how the Department of State plans to meet the requirements of 
subparagraph (A). In no event shall volumes subject to subpara-
graph (A) be published later than 5 years after the date of the 
enactment of this Act. 
TITLE II—UNITED STATES INFORMATION-
AL, 
EDUCATIONAL, AND CULTURAL 
PROGRAMS 
PART A—UNITED STATES INFORMATION 
AGENCY 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—The following amounts 
are authorized to be appropriated for the United States Information 
Agency (other than for the Voice of America) to carry out inter-
national information, educational, cultural, and exchange programs 
under the United States Information and Educational Exchange Act 
of 1948, the Mutual Educational and Cultural Exchange Act of 1961, 
Reorganization Plan Number 2 of 1977, and to carry out other 
authorities in law consistent with such purposes: 
(1) SALARIES AND EXPENSES.—For "Salaries and Expenses", 
$423,827,500 for the fiscal year 1992 and $451,294,000 for the 
fiscal year 1993. 
105 STAT. 692 
PUBLIC LAW 102-138—OCT. 28, 1991 
(2) OFFICE OF THE INSPECTOR GENERAL.—For "Office of the 
Inspector General" $4,206,000 for the fiscal year 1992 and 
$4,420,000 for the fiscal year 1993. 
(3) NATIONAL ENDOWMENT FOR DEMOCRACY.—For "National 
Endowment for Democracy", $25,000,000 for the fiscal year 1992 
and $31,250,000 for the fiscal year 1993. 
(4) CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BE-
TWEEN EAST AND WEST.—For "Center for Cultural and Technical 
Interchange between East and West", $24,500,000 for the fiscal 
year 1992 and $26,000,000 for the fiscal year 1993. 
(b) AUTHORIZATION WITHIN "SALARIES AND EXPENSES" ACCOUNT.— 
Of the amount authorized to be appropriated by subsection (a)(1), 
$284,000 is authorized for the fiscal year 1992 for the establishment 
and operation of a United States Information Agency office in 
Vientiane, Laos, pursuant to section 216 of this Act, and $307,000 is 
authorized for tiscal year 1993 for the continued operation of such 
office. 
SEC. 202. REPROGRAMMING OF FUNDS. 
Section 705(aX7) of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1477c(a)(7)) is amended by striking 
out "$250,000" and inserting in lieu thereof "$500,000". 
SEC. 
2
0
3
. 
AUTHORITY 
OF 
THE 
SECRETARY. 
Paragraph (3) of section 801 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1471) is amended by 
inserting "and television" after "radio". 
SEC. 204. BASIC AUTHORITY. 
Section 804 of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1474) is amended— 
(1) by striking out "and" at the end of paragraph (19); 
(2) by striking out the period at the end of paragraph (20) and 
inserting in lieu thereof a semicolon; and 
(3) by adding at the end thereof the following new paragraphs: 
"(21) incur expenses authorized by the Foreign Service Act of 
1980 (22 U.S.C. 3901 et seq.); 
"(22) furnish living quarters as authorized by section 5912 of 
title 5, United States Code; and 
"(23) provide allowances as authorized by sections 5921 
through 5928 of title 5, United States Code.". 
SEC. 205. PAYMENT OF CERTAIN EXPENSES FOR PARTICIPANTS. 
Paragraph (9) of section 804 of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1474) is amended to 
read as follows: 
"(9) pay to or for individuals, not United States Government 
employees, participating in activities conducted under this Act, 
the costs of emergency medical expenses, preparation and trans-
port to their former homes of the remains of such participants 
or their dependents who die while away from their homes 
during such participation, and health and accident insurance 
premiums for participants or health and accident benefits for 
participants by means of a program of self-insurance;". 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 693 
SEC. 206. USIA POSTS AND PERSONNEJ. OVERSEAS. 
(a) USIA POSTS AND PERSONNEL OVERSEAS.—The United States 
Information and Educational Exchange Act of 1948 is amended by 
adding after section 811 the following: 
"usiA POSTS AND PERSONNEL OVERSEAS 
"SEC. 812. (a) LIMITATION.—Except as provided under this section 
22 USC I475g. 
no funds authorized to be appropriated to the United States 
Information Agency may be used to pay any expense associated with 
the closing of any United States Information Agency post abroad. 
"(b) NOTIFICATION.—Not less than 45 days before the closing of 
any United States Information Agency post abroad the Director of 
the United States Information Agency shall notify the Committee 
on Foreign Affairs of the House of Representatives and the Commit-
tee on Foreign Relations of the Senate. 
"(c) EXCEPTIONS.—This section shall not apply to any United 
States Information Agency post closed— 
"(1) because of a break or downgrading of diplomatic relations 
between the United States and the country in which the post is 
located; or 
"(2) where there is a real and present threat to United States 
diplomats in the city where the post is located and where a 
travel advisory warning against travel by United States citizens 
to the city has been issued by the Department of State.". 
(b) REDUCTIONS IN AMERICAN EMPLOYEES.—Reductions may not be 
22 use I475g 
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 
American employees of the Agency stationed abroad in 1981 was to 
the total number of American employees at the Agency at the same 
time in 1981. 
(c) REPEAL.—Section 204 of the Foreign Relations Authorization 
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 1461 note) is repealed. 
SEC. 207. IMPLEMENTATION OF BEIRUT AGREEMENT. 
The first section of the joint resolution entitled "Joint resolution 
to give effect to the Agreement for facilitating the International 
Circulation of Visual and Auditory Materials of an Educational, 
Scientific, and Cultural Character, approved at Beirut in 1948", 
approved October 8, 1966 (19 U.S.C. 2051), is amended by adding at 
the end the following: "In carrying out this section, such Federal 
agency or agencies may not consider visual or auditory material to 
fail to qualify as being of international educational character— 
"(1) because it advocates a particular position or viewpoint, 
whether or not it presents or acknowledges opposing viewpoints; 
"(2) because it might lend itself to misinterpretation, or to 
misrepresentation of the United States or other countries, or 
their people or institutions; 
"(8) because it is not representative, authentic, or accurate or 
does not represent the current state of factual knowledge of a 
subject or aspect of a subject unless the material contains 
widespread and gross misstatements of fact; 
"(4) because it does not augment international understanding 
and goodwill, unless its primary purpose or effect is not to 
instruct or inform through the development of a subject or an 
105 STAT. 694 
PUBLIC LAW 102-138—OCT. 28, 1991 
North/South 
Center Act of 
1991. 
22 use 2075. 
Effective date. 
22 use 2075. 
22 use 2452 
note. 
aspect of a subject and its content is not such as to maintain, 
increase, or diffuse knowledge; or 
"(5) because in the opinion of the agency the material is 
propaganda. 
"Such Federal agency or agencies may not label as propaganda any 
material that receives a certificate of international educational 
character under this section and the Agreement.". 
SEC. 208. CENTER FOR CULTURAL AND TECHNICAL INTERCHANGE BE-
TWEEN NORTH AND SOUTH. 
(a) SHORT TITLE.—This section may be cited as the "North/South 
Center Act of 1991". 
(b) PURPOSE.—The purpose of this section is to promote better 
relations between the United States and the nations of Latin Amer-
ica and the Caribbean and Canada through cooperative study, train-
ing, and research, by supporting in Florida a Center for Cultural 
and Technical Interchange Between North and South where 
scholars and students in various fields from the nations of the 
hemisphere may study, give and receive training, exchange ideas 
and views, and conduct other activities consistent with the objec-
tives of the Mutual Educational and Cultural Exchange Act of 1961 
and other Acts promoting international, educational, cultural, sci-
entific, and related activities of the United States. 
(c) NORTH/SOUTH CENTER.—In order to carry out the purpose of 
this section, the Director of the United States Information Agency 
shall provide for the operation in Florida of an educational institu-
tion known as the North/South Center, through arrangements with 
public, educational, or other nonprofit institutions. 
(d) AUTHORITIES.—The Director of the United States Information 
Agency, in carrying out this section, may utilize the authorities of 
the Mutual Educational and Cultural Exchange Act of 1961. Section 
704(b) of the Mutual Security Act of 1960 (22 U.S.C. 20560))) shall 
apply in the administration of this section. In order to carry out the 
purposes of this section, the North/South Center is authorized to use 
funds made available under this section to acquire property and 
facilities, by construction, lease, or purchase. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $5,000,000 for fiscal year 1992 and $10,000,000 for 
each subsequent fiscal year to carry out this section. Amounts 
appropriated under this section are authorized to be available until 
expended. 
if) REPEAL.—Effective October 1, 1991, the section enacted by the 
third proviso under the heading "EDUCATION AND HUMAN RESOURCES 
DEVELOPMENT, DEVELOPMENT ASSISTANCE" in the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 1991, 
is repealed. 
SEC. 209. SOVIET-EASTERN EUROPEAN RESEARCH AND TRAINING. 
Section 810 of the Soviet-Eastern European Research and Train-
ing Act of 1983 (22 U.S.C. 4509) is repealed. 
SEC. 
2
1
0
. 
CLAUDE 
AND 
MILDRED 
PEPPER 
SCHOLARSHIP 
PROGRAM. 
(a) PURPOSE.—It is the purpose of this section to provide Federal 
financial assistance to facilitate a program to enable high school and 
college students from emerging democracies, who are visiting the 
United States, to spend from one to two weeks in Washington, 
District of Columbia, observing and studying the workings and 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 695 
operations of the democratic form of government of the United 
States. 
(b) GRANTS.—The Director of the United States Information 
Agency is authorized to make grants to the Claude and Mildred 
Pepper Scholarship Program of the Washington Workshops Founda-
tion to carry out the purpose specified in subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $1,000,000 for fiscal year 1992 to carry out this 
section, of which not more than $500,000 is authorized to be avail-
able for obligation or expenditure during that fiscal year. Amounts 
appropriated pursuant to this subsection are authorized to be avail-
able until expended. 
SEC. 211. PROGRAM REVIEW OF NED. 
(a) ADDITIONAL AUTHORIZATION OF APPROPRIATIONS.—In addition 
to amounts authorized to be appropriated under section 201(3), after 
the submission of the report under subsection 0^), there are au-
thorized to be appropriated for the National Endowment for Democ-
racy $5,000,000 for fiscal year 1992. 
(h) REPORTING REQUIREMENT.—The National Endowment for 
Democracy shall submit to the Chairman of the Committee on 
Foreign Relations and the Speaker of the House of Representatives 
a comprehensive report concerning the actions of the National 
Endowment for Democracy and certain grantees (the Free Trade 
Union Institute, the Center for International Private Enterprise, the 
National Republican Institute for International Affairs, and the 
National Democratic Institute for International Affairs) to comply 
with the recommendations of the General Accounting Office report 
of March 1991, entitled "Promoting Democracy: National Endow-
ment for Democracy's Management of Grants Needs Improvement". 
(c) GENERAL ACCOUNTING OFFICE REPORT.—Not more than 90 days 
after the date of the enactment of this Act, the Comptroller General 
of the United States shall prepare and submit to the Committee on 
Foreign Relations of the Senate and the Speaker of the House of 
Representatives an evaluation of the actions taken by the National 
Endowment for Democracy and certain grantees to comply with the 
General Accounting Office report of March 1991. 
(d) ANNUAL AUDIT.—Section 504(g) of the National Endowment for 
Democracy Act (22 U.S.C. 4413) is amended by striking out "may 
also" and inserting in lieu thereof "shall". 
(e) SENSE OF CONGRESS ON PRIVATE DONATIONS.—It is the sense of 
the Congress that the National Endowment for Democracy should 
make every effort to solicit private contributions to realize the 
purposes of the Endowment as set forth in section 502(b) of the 
National Endowment for Democracy Act. 
SEC. 212. USIA GRANTS. 
22 USC 1475h. 
(a) COMPETITIVE GRANT PROCEDURES.—Except as provided in 
subsection (b), the United States Information Agency shall work to 
achieve full and open competition in the award of grants. 
(b) EXCEPTIONS.—The United States Information Agency may 
award a grant under procedures other than competitive procedures 
when— 
(1) a grant is made under the Mutual Educational and Cul-
tural Exchange Act of 1961 (commonly known as the Fulbright-
Hays Act) or any statute which expressly authorizes or requires 
that a grant be made with a specified entity; 
105 STAT. 696 
PUBLIC LAW 102-138—OCT. 28, 1991 
(2) the terms of an international agreement or treaty between 
the United States Government and a foreign government or 
international organization have the effect of requiring the use 
of procedures other than competitive procedures; 
(3) a recipient organization has developed particular expertise 
in the planning and administration of longstanding exchange 
programs important to United States foreign policy; or 
(4) introducing competition would increase costs. 
(c) COMPLIANCE WITH GRANT GUIDELINES.— 
(1) After October 1,1991, grants awarded by the United States 
Information Agency shall substantially comply with United 
States Information Agency grant guidelines and applicable 
circulars of the Office of Management and Budget. 
(2) If the Agency determines that a grantee has not satisfied 
the requirement of paragraph (1), the United States Informa-
tion Agency shall notify the grantee of the suspension of pay-
ments under a grant unless compliance is achieved within 90 
days of such notice. 
(3) The Agency shall suspend payments under any grant 
which remains in noncompliance 90 days after notification 
under paragraph (2). 
(d) REPORT TO CONGRESS.—Not later than 90 days after the date of 
the enactment of this Act, the Director of the United States 
Information Agency shall submit a detailed report to the Committee 
on Foreign Relations of the Senate and the Committee on Foreign 
Affairs of the House of Representatives on United States Informa-
tion Agency action to comply with subsection (a). 
SEC. 213. DISTRIBUTION WITHIN THE UNITED STATES OF UNITED STATES 
INFORMATION AGENCY PHOTOGRAPHIC WORKS OF RICHARD 
SAUNDERS. 
(a) DISTRIBUTION TO THE SCHOMBURG CENTER FOR BLACK STUDIES.— 
Notwithstanding section 208 of the Foreign Relations Authorization 
Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461-l(a)) and the second 
sentence of section 501 of the United States Information and Edu-
cational Exchange Act of 1948 (22 U.S.C. 1461)— 
(1) the Director of the United States Information Agency shall 
make available to the Schomburg Center for Black Studies, New 
York, New York, msister copies of the United States Informa-
tion Agency photographic works of Richard Saunders, a former 
employee of the United States Information Agency; and 
(2) the Schomburg Center for Black Studies, New York, New 
York, shall reimburse the Director of the United States 
Information Agency for any expenses of the Agency in making 
such master copies. 
(b) REIMBURSEMENT.—Any reimbursement to the Director pursu-
ant to this section shall be credited to the applicable appropriation 
of the United States Information Agency. 
22 u s e 2452 
SEC. 214. ISRAELI ARAB SCHOLARSHIP PROGRAM. 
(a) ESTABLISHMENT.—Subject to the availability of funds under 
subsection (d), there is established in the United States Information 
Agency a fund to be known as the Israeli Arab Scholarship Fund 
(hereinafter in this Act referred to as the "fund"). The income from 
the fund shall be used for a program of scholarships for Israeli 
Arabs to attend institutions of higher education in the United States 
to be known as the Israeli Arab Scholarship Program (hereinafter in 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 697 
the section referred to as the "program"). The fund and the program 
shall be administered by the United States Information Agency in 
accordance with this section and the Mutual Educational and Cul-
tural Exchange Act of 1961. The fund may accept contributions and 
gifts from public and private sources. 
(b) ADMINISTRATION OF THE FUND.—It shall be the duty of the 
Director of the United States Information Agency to invest in full 
amounts made available to the fund. Such investments may be made 
only in interest-bearing obligations of the United States or in obliga-
tions guaranteed as to both principal and interest by the United 
States. The interest on, and the proceeds from the sale or redemp-
tion of, any obligations held in the fund shall be credited to and 
form a part of the fund. 
(c) APPROPRIATIONS FROM THE FUND.—For each fiscal year, there 
is authorized to be appropriated from the fund for the Israeli Arab 
Scholarship Program the interest and earnings of the fund. 
(d) FUNDING.—Amounts made available under section 556(b) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1990 (as amended by section 551 of the Foreign 
Operations, Export Financing, and Related Programs Appropria-
tions Act, 1991), are authorized to be appropriated to the fund. 
SEC. 215. ELIGIBILITY OF NED FOR GRANTS. 
Section 504 of the National Endowment for Democracy Act (22 
U.S.C. 4413) is amended by adding at the end thereof the following: 
"(j) After January 31, 1993, no member of the Board of the 
Endowment may be a member of the board of directors or an officer 
of any grantee of the National Endowment for Democracy which 
receives more than 5 percent of the funds of the Endowment for any 
fiscal year.". 
SEC. 216. ESTABLISHMENT OF USIA OFFICE IN VIENTIANE, LAOS. 
The Director of the United States Information Agency shall estab-
lish an office in Vientiane, Laos, to assist in the propagation of 
American economic and political values. 
PART 
B—BUREAU 
OF 
EDUCATIONAL 
AND 
CULTURAL 
AFFAIRS 
SEC. 221. AUTHORIZATION OF APPROPRIATIONS. 
In addition to amounts otherwise made available under section 
201 for such purposes, there are authorized to be appropriated to the 
Bureau of Educational and Cultural Affairs to carry out the pur-
poses of the Mutual Educational and Cultural Exchange Act of 1961 
the following amounts: 
(1) SALARIES AND EXPENSES.—For "Salaries and Expenses", 
$37,749,000 for the fiscal year 1992 and $39,308,000 for the fiscal 
year 1993. 
(2) FULBRIGHT ACADEMIC EXCHANGE PROGRAMS.—For the "Ful-
bright Academic Exchange Programs", $110,454,000 for the 
fiscal year 1992 and $117,297,000 for the fiscal year 1993. 
(3) HUBERT H. HUMPHREY FELLOWSHIP PROGRAM.—For 
the 
"Hubert H. Humphrey Fellowship Program", $5,682,000 for the 
fiscal year 1992 and $6,000,000 for the fiscal year 1993. 
105 STAT. 698 
PUBLIC LAW 102-138—OCT. 28, 1991 
(4) 
INTERNATIONAL 
VISITORS 
PROGRAM.—For the "Inter-
national Visitors Program", $45,366,000 for the fiscal year 1992 
and $47,650,000 for the fiscal year 1993. 
(5) OTHER PROGRAMS.—For "East Europe Training Projects", 
"Citizen Exchange Programs", and the "Congress-Bundestag 
Exchange Program", $14,028,000 for the fiscal year 1992 and 
$14,700,000 for the fiscal year 1993. 
(6) WORLD UNIVERSITY GAMES.—For cultural and exchange 
related activities associated with the 1993 World University 
Games in Buffalo, New York, $2,000,000 for fiscal year 1992 and 
$2,000,000 for fiscal year 1993, provided that amounts au-
thorized under this subsection are subject to all requirements 
governing United States Information Agency assistance to pri-
vate organizations. 
(7) NEAR AND MIDDLE EAST PROGRAMS.—For "Near and Middle 
East Programs", $3,000,000 for fiscal year 1993. 
(8) VIETNAM SCHOLARSHIP PROGRAM.—For the 
"Vietnam 
Scholarship Program" established by section 229, $300,000 for 
each of the fiscal years 1992 and 1993. 
(9) SOVIET-AMERICAN INTERPARLIAMENTARY EXCHANGES.—For 
the expenses of Soviet-American Interparliamentary meetings 
and visits in the United States approved by the joint leadership 
of the Congress, after an opportunity for appropriate consulta-
tion with the Secretary of State and the Director of the United 
States Information Agency, there are authorized to be appro-
priated $2,000,000 for the fiscal year 1992, of which not more 
than $1,000,000 shall be available for obligation or expenditure 
during that fiscal year. Amounts appropriated under this 
subsection are authorized to be available until expended. 
SEC. 222. FULBRIGHT EXCHANGE PROGRAMS ENHANCEMENT. 
In addition to amounts authorized to be appropriated by section 
221(2) for the Fulbright Academic Exchange Programs, $2,700,000 is 
authorized to be appropriated for each of the fiscal years 1992 and 
1993 to increase amounts otherwise available for Fulbright Aca-
demic Exchange Programs for exchanges involving Latin America, 
Asia, and Africa. 
Yugoslavia. 
SEC. 223. USIA CULTURAL CENTER IN KOSOVO. 
(a) ESTABLISHMENT.—The Director of the United States Informa-
tion Agency shall establish a cultural center in the capital of Kosovo 
in Yugoslavia when the Secretary of State determines that the 
physical security of the center and the personal safety of its employ-
ees may be reasonably assured. 
(b) REPORT.—Not later than 90 days after the date of enactment of 
this Act, and every 90 days thereafter until a center is established 
under subsection (a), 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 Committee 
on Foreign Affairs of the House of Representatives on progress 
toward establishment of a center pursuant to subsection (a), includ-
ing an assessment by the Secretary of State of the risks to physical 
and personal security of the establishment of such a center. 
SEC. 224. CONFORMING AMENDMENT ON CERTAIN USIA SCHOLARSHIPS. 
Section 225(a) of the Foreign Relations Authorization Act, Fiscal 
104 Stat. 56. 
Years 1990 and 1991 (Public Law 101-246) is amended— 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 699 
(1) by striking out "Of the funds authorized to be appropriated 
by section 221 for each of the fiscal years 1990 and 1991," and 
inserting in Ueu thereof "Of funds made available to the Bureau 
of Education and Cultural Affairs to carry out the Mutual 
Educational and Cultural Exchange Act of 1961, for each of the 
fiscal years 1992 and 1993"; and 
(2) by striking out "shall" each place it appears and inserting 
in lieu thereof "are authorized to". 
SEC. 225. EASTERN EUROPE STUDENT EXCHANGE ENDOWMENT FUND. 
22 USC 2452 
(a) ESTABLISHMENT OF FEDERAL ENDOWMENT.—The Director of the 
United States Information Agency is authorized to establish an 
endowment fund (hereafter in this section referred to as the "fund"), 
in accordance with the provisions of this section, to support an 
exchange program among secondary school students from the 
United States and secondary school students from former Warsaw 
Pact countries in Eastern Europe, including from the territory 
formerly known as East Germany. The Director may enter into such 
agreements as may be necessary to carry out the purposes of this 
section. 
(b) TRANSFER.— 
(1) APPROPRIATIONS AND OTHER AVAILABLE FUNDS.—The Direc-
tor shall transfer to the fund the amounts appropriated pursu-
ant to the authority of subsection (f) to carry out the exchange 
program under this section. 
(2) GIFTS.—(A) The Director is authorized to accept, use, and 
dispose of gifts of donations of services or property to carry out 
the provisions of this section. 
(B) Any sums received by the Director pursuant to subpara-
graph (A) shall be transferred to the fund. 
(3) IN GENERAL.—The Director in investing the corpus and 
income of the fund, shall exercise the judgment and care, under 
the prevailing circumstances, which a person of prudence, 
discretion, and intelligence would exercise in the management 
of that person's own business affairs. 
(4) SPECIAL RULE.—The fund corpus and income shall be 
invested in federally insured bank savings accounts or com-
parable interest bearing accounts, certificates of deposit, money 
market funds, mutual funds, obligations of the United States, or 
other low-risk instruments and securities. 
(c) WITHDRAWALS AND EXPENDITURES.—The Director may with-
draw or expend amounts from the fund for any expenses necessary 
to carry out the exchange program described in subsection (a). 
(d) DEFINITIONS.—For the purposes of this section— 
(1) the term "secondary school" has the same meaning given 
to such term by section 1471(21) of the Elementary and Second-
ary Education Act of 1965; and 
(2) the term "Director" means the Director of the United 
States Information Agency. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $1,000,000 to carry out the provisions of this section. 
Funds appropriated pursuant to this subsection are authorized to be 
available until expended. 
SEC. 226. 
ENHANCED 
EDUCATIONAL 
EXCHANGE 
PROGRAM. 
22 
USC 
2452 
(a) PROGRAMS FOR FOREIGN STUDENTS AND SCHOLARS.— 
^°^' 
105 STAT. 700 
PUBLIC LAW 102-138—OCT. 28, 1991 
22 u s e 2452 
note. 
President. 
(1) Not later than September 30, 1993, the number of scholar-
ships provided to foreign students and scholars by the Bureau of 
Educational and Cultural Affairs of the United States Informa-
tion Agency for the purpose of study, research, or teaching in 
the United States shall be increased by 100 over the number of 
such scholarships provided in fiscal year 1991, subject to the 
availability of appropriations. 
(2) Scholarships provided to meet the requirements of para-
graph (1) shall be available only— 
(A) to students and scholars from the new democracies of 
Eastern Europe, 
(B) to students and scholars from the Soviet Union; 
(C) to students and scholars from countries determined by 
the Associate Director of the Bureau of Educational and 
Cultural Affairs to be not adequately represented in the 
foreign student population in the United States. 
03) PROGRAMS FOR UNITED STATES STUDENTS AND SCHOLARS.— 
(1) Not later than September 30, 1993, the number of scholar-
ships provided to United States students and scholars by the 
Bureau of Educational and Cultural Affairs of the United States 
Information Agency for the purpose of study, research, or teach-
ing in other countries shall be increased by 100 over the number 
of such scholarships provided in fiscal year 1991, subject to the 
availability of appropriations. 
(2) Scholarships provided to meet the requirements of para-
graph (1) shall be available only for study, research, and teach-
ing in the new democracies of Eastern Europe, the Soviet 
Union, and non-European countries. 
(c) DEFINITION.—For the purposes of this section, the term "schol-
arship" means an amount to be used for full or partial support of 
tuition and fees to attend an educational institution, and may 
include fees, books and supplies, equipment required for courses at 
an educational institution, and living expenses at a United States or 
foreign educational institution. 
(d) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts 
otherwise authorized to be appropriated for the Bureau of Edu-
cational and Cultural Affairs, there are authorized to be appro-
priated $2,000,000 for fiscal year 1992 and $2,000,000 for fiscal year 
1993 to carry out the purposes of this section. Amounts appropriated 
under this subsection are authorized to be available until expended. 
SEC. 227. LAW AND BUSINESS TRAINING PROGRAM FOR GRADUATE STU-
DENTS FROM THE SOVIET UNION, LITHUANIA, LATVIA, AND 
ESTONIA. 
(a) STATEMENT OF PURPOSE.—The purpose of this section is to 
establish a scholarship program designed to bring students from the 
Soviet Union, Lithuania, Latvia, and Estonia to the United States 
for study in the United States. 
(b) SCHOLARSHIP PROGRAM AUTHORITY.—Subject to the availability 
of appropriations under subsection (d), the President, acting through 
the United States Information Agency, shall provide scholarships 
(including partial assistance) for study at United States institutions 
of higher education together with private and public sector intern-
ships by nationals of the Soviet Union, Lithuania, Latvia, and 
Estonia who have completed their undergraduate education and 
would not otherwise have the opportunity to study in the United 
States due to financial limitations. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 701 
(c) GUIDELINES.—The scholarship program under this section shall 
be carried out in accordance with the following guidelines: 
(1) Consistent with section 112(b) of the Mutual Educational 
and Cultural Exchange Act of 1961 (22 U.S.C. 2460(b)), all 
programs created pursuant to this Act shall be nonpolitical and 
balanced, and shall be administered in keeping with the highest 
standards of academic integrity and cost-effectiveness. 
(2) The United States Information Agency shall design ways 
to identify promising students for study in the United States. 
(3) The United States Information Agency should develop and 
strictly implement specific financial need criteria. Scholarships 
under this Act may only be provided to students who meet the 
financial need criteria. 
(4) The program may utilize educational institutions in the 
United States, if necessary, to help participants acquire nec-
essary skills to fully participate in professional training. 
(5) Each participant shall be selected on the basis of academic 
and leadership potential in the fields of business administra-
tion, economics, law, or public administration. Scholarship 
opportunities shall be limited to fields that are critical to 
economic reform and political development in the Soviet Union, 
Lithuania, Latvia, and Estonia, particularly business adminis-
tration, economics, law, or public administration. 
(6) The program shall be flexible to include not only training 
and educational opportunities offered by universities in the 
United States, but to also support internships, education, and 
training in a professional setting. 
(7) The program shall be flexible with respect to the number 
of years of education financed, but in no case shall students be 
brought to the United States for less than one year. 
(8) Further allowance shall be made in the scholarship for the 
purchase of books and related educational material relevant to 
the program of study. 
(9) Further allowance shall be made to provide opportunities 
for professional, academic, and cultural enrichment for scholar-
ship recipients. 
(10) The program shall, to the maximum extent practicable, 
offer equal opportunities for both male and female students to 
study in the United States. 
(11) The program shall, to the maximum extent practicable, 
offer equal opportunities for students from each of the Soviet 
republics, Lithuania, Latvia, and Estonia. 
(12) The United States Information Agency shall recommend 
to each student who receives a scholarship under this section 
that the student include in their course of study programs 
which emphasize the ideas, principles, and documents upon 
which the United States was founded. 
(d) FUNDING OF SCHOLARSHIPS FOR FISCAL YEAR 1992 AND FISCAL 
YEAR 1993.—There are authorized to be appropriated to the United 
States Information Agency $7,000,000 for fiscal year 1992, and 
$7,000,000 for fiscal year 1993, to carry out this section. 
(e) COMPLIANCE WITH CONGRESSIONAL BUDGET ACT.—Any author-
ity provided by this section shall be effective only to the extent and 
in such amounts as are provided in advance in appropriation Acts. 
105 STAT. 702 
PUBLIC LAW 102-138—OCT. 28, 1991 
22 u s e 2452 
SEC. 228. NEAR AND MIDDLE EAST RESEARCH AND TRAINING. 
(a) NEAR AND MIDDLE EAST STUDIES.—The Director of the United 
States Information Agency may expend from the amount authorized 
for the Bureau of Educational and Cultural Affairs, such sums as 
are appropriate to assist graduate and postdoctoral studies by 
United States scholars on the Near and Middle East. 
(b) REPORT.—The Director of the United States Information 
Agency shall prepare and submit to the President and the Congress 
at the end of each fiscal year in which assistance is provided under 
subsection (a) a report concerning such assistance. 
(c) RECOMMENDATIONS.—Not later than 180 days after the date of 
enactment of this Act, the Director of the United States Information 
Agency, in consultation with qualified government agencies and 
appropriate private organizations and individuals, shall submit to 
the Committee on Foreign Relations of the Senate and the Commit-
tee on Foreign Affairs of the House of Representatives recommenda-
tions concerning the conduct of educational and cultural exchange 
programs administered and funded by the Agency. 
(d) DEFINITION,—For purposes of this section, the term "Near and 
Middle East" refers to the region consisting of those countries and 
peoples covered by the Bureau of Near Eastern and South Asian 
Affairs of the Department of State on the day before the date of the 
enactment of this Act. 
22 u s e 2452 
SEC. 229. SCHOLARSHIPS FOR VIETNAMESE. 
(a) IN GENERAL.—Notwithstanding any other provision of law, the 
Bureau of Educational and Cultural Affairs of the United States 
Information Agency shall make available for each of the fiscal years 
1992 and 1993, 15 scholarships for Vietnamese residents in Vietnam 
qualified to study in the United States for the purpose of studying in 
the United States. Each scholarship made available under this 
subsection shall be for not less than one semester of study in a 
United States college or university. 
(b) PREFERENCE IN AWARDING SCHOLARSHIPS.—In awarding schol-
arships under this section, preference shall be given to candidates 
intending to pursue studies in economics and commercial law. 
PART C—BUREAU OF BROADCASTING 
SEC. 231. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the United States 
Information Agency for the Bureau of Broadcasting for carrying out 
title V of the United States Information and Educational Exchange 
Act of 1948 and the Radio Broadcasting to Cuba Act the following 
amounts: 
(1) SALARIES AND EXPENSES.—For "Salaries and Expenses", 
$196,942,000 for the fiscal year 1992 and $216,815,000 for the 
fiscal year 1993. 
(2) TELEVISION AND FILM SERVICE.—For "Television and Film 
Service", $33,185,000 for the fiscal year 1992 and $34,476,000 for 
the fiscal year 1993. 
(3) ACQUISITION AND CONSTRUCTION OF RADIO FACILITIES.—For 
"Acquisition and Construction of Radio Facilities", $98,043,000 
for the fiscal year 1992 and $103,000,000 for the fiscal year 1993. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 703 
(4) BROADCASTING TO CUBA.—For "Broadcasting to Cuba", 
$38,988,000 for the fiscal year 1992 and $34,525,000 for the fiscal 
year 1993. 
SEC. 232. TELEVISION BROADCASTING TO CUBA ACT. 
Section 247 of the Television Broadcasting to Cuba Act (22 U.S.C. 
1465ee) is amended by adding at the end thereof the following: 
"(c) AVAILABILITY OF FUNDS.—Amounts appropriated to carry out 
the purposes of this part are authorized to be available until ex-
pended.". 
SEC. 233. YUGOSLAVIAN PROGRAMMING WITHIN THE VOICE OF AMERICA. 
The Director of the United States Information Agency shall estab-
lish distinct Croatian and Serbian programs within the Yugoslavian 
section of the Voice of America. 
SEC. 234. VOICE OF AMERICA BROADCASTS IN KURDISH. 
(a) FINDINGS.—The Congress finds that— 
(1) more than 20 million Kurds have no source of reliable and 
accurate news and information in their own language; 
(2) the Kurdish people have been subject to extreme repres-
sion, including the denial of fundamental cultural and human 
rights, the extensive destruction of villages, and the mass kill-
ing of Kurds by the Iraqi regime; and 
(3) the Voice of America provides an effective means by which 
the Kurdish people may be informed of events in the free world 
and pertaining to their own situation. 
(b) BROADCASTS IN KURDISH.—As soon as practicable, but not later 
than 180 days after the date of enactment of this Act, the Director of 
the United States Information Agency shall establish, through the 
Voice of America, a service to provide Kurdish language program-
ming to the Kurdish people. Consistent with the mission and prac-
tice of the Voice of America, these broadcasts in Kurdish shall 
include news and information on events that affect the Kurdish 
people. 
(c) AMOUNT OF PROGRAMMING.—As soon as practicable but not 
later than one year after enactment, the Voice of America Kurdish 
language programming pursuant to this section shall be broadcast 
for not less than 1 hour each day. 
(d) PLAN FOR A KURDISH LANGUAGE SERVICE.—Not later than 90 Reports, 
days after enactment of this Act, the Director of the United States 
Information Agency shall submit to the Chairman of the Senate 
Committee on Foreign Relations and to the Speaker of the House of 
Representatives a report on progress made toward implementation 
of this section. 
(e) HIRE OF KURDISH LANGUAGE SPEAKERS.—In order to expedite 
the commencement of Kurdish language broadcasts, the Director of 
the United States Information Agency is authorized to hire, subject 
to the availability of appropriations, Kurdish language speakers on 
a contract not to exceed one year without regard to competitive and 
other procedures that might delay such hiring. 
(f) SURROGATE HOME SERVICE.—Not later than 1 year after the 
date of enactment of this Act, the Chairman of the Board for 
International Broadcasting shall submit to the Chairman of the 
Senate Committee on Foreign Relations and the Speaker of the 
House of Representatives a plan, together with a detailed budget, for 
the establishment of a surrogate home service under the auspices of 
105 STAT. 704 
PUBLIC LAW 102-138—OCT. 28, 1991 
Radio Free Europe/Radio Liberty for the Kurdish people. Such 
surrogate home service for the Kurdish people shall broadcast not 
less than 2 hours a day, 
SEC. 235. REPORTS ON THE FUTURE OF INTERNATIONAL BROADCASTING. 
(a) REPORT ON INTERNATIONAL BROADCASTING.—Not later than 15 
days after the date of the enactment of this Act, the President shall 
submit 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 the report of the Policy Coordinat-
ing Committee on International Broadcasting. 
(b) REPORT ON UNITED STATES GOVERNMENT BROADCASTING.—The 
President's Task Force on United States Government International 
Broadcasting shall submit 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 a complete text 
of its report to the President on United States Government 
Broadcasting. 
PART D—BOARD FOR INTERNATIONAL 
BROADCASTING 
SEC. 241. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 8(a)(1) of the Board for International 
Broadcasting Act of 1973 (22 U.S.C. 2877(a)(1)) is amended to read as 
follows: 
"(1) There are authorized to be appropriated to carry out the 
purposes of this Act and the Inspector General Act of 1978— 
"(A) $212,491,000 for fiscal year 1992 and $221,203,000 for 
fiscal year 1993 (at April 2, 1991 exchange rates) and such 
additional amounts for each such fiscal year as may be nec-
essary to offset adverse fluctuations in foreign currency ex-
change rates; and 
"(B) such additional amounts for any fiscal year as may be 
necessary for increases in salary, pay, retirement, and other 
employee benefits authorized by law.". 
(b) BUDGET ACT COMPUANCE.—Section 8(a) of such Act is amended 
by adding at the end thereof the following new paragraph: 
"(4) The authorities of paragraph (1) may be exercised only in such 
amounts and to such extent as provided for in advance in an 
appropriations Act.". 
SEC. 242. BOARD FOR INTERNATIONAL BROADCASTING ACT. 
Section 8(b) of the Board for International Broadcasting Act of 
1973 (22 U.S.C. 2877) is amended to read as follows: 
"(b) Beginning with fiscal year 1983, any amount appropriated 
under subsection (a)(1), which, because of upward fluctuations in 
foreign currency exchange rates, is in excess of the amount nec-
essary to maintain the budgeted level of operation for RFE/RL, 
Incorporated, shall be cer^^ified to the Congress by the Director of 
the Office of Management and Budget and shall— 
"(1) be placed in reserve in a separate account in the Treasury 
only for the purpose of offsetting future downward fluctuations 
in foreign currency exchange rates in order to maintain the 
level of operations authorized for each fiscal year; or 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 705 
"(2) be used to make payments to RFE/RL's United States 
and German pension plans in order to avoid future pension 
liabilities. 
Any such amount placed in reserve may be merged with and made 
available for the same time period and same purposes as amounts 
appropriated under subsection (a)(2) of this section.'. 
SEC. 243. BROADCASTING TO CHINA. 
(a) COMMISSION ON BROADCASTING TO THE PEOPLE'S REPUBLIC OF 
CHINA.— 
(1) ESTABLISHMENT.—There is established a Commission on 
Broadcasting to the People's Republic of China (hereafter in this 
title referred to as the "Commission") which shall be an 
independent commission in the executive branch. 
(2) MEMBERSHIP.—The Commission shall be composed of 11 
members from among citizens of the United States who shall, 
within 45 days of the enactment of this Act, be appointed in the 
following manner: 
(A) The President shall appoint 3 members of the President. 
Commission. 
(B) The Speaker of the House of Representatives shall 
appoint 2 members of the Commission. 
(C) The Majority Leader of the Senate shall appoint 2 
members of the Commission. 
(D) The Minority Leader of the House of Representatives 
shall appoint 2 members of the Commission. 
(E) The Minority Leader of the Senate shall appoint 2 
members of the Commission. 
(3) CHAIRPERSON.—The President, in consultation with the 
congressional leaders referred to in subsection (b), shall des-
ignate 1 of the members to be the Chairperson. 
(4) QUORUM.—A quorum, consisting of at least half of the 
members who have been appointed, shall be required for the 
transaction of business. 
(5) VACANCIES.—Any vacancy in the membership of the 
commission shall be filled in the same manner as the original 
appointment w£is made. 
(b) FUNCTIONS.— 
(1) PURPOSE.—The Commission shall examine the feasibility, 
effect, and implications for United States foreign policy of 
instituting a radio broadcasting service to the People's Republic 
of China, as well as to other communist countries in Asia, to 
promote the dissemination of information and ideas, with 
particular emphasis on developments within each of those 
nations. 
(2) SPECIFIC ISSUES TO BE EXAMINED.—The Commission shall 
examine all issues related to instituting such a service, 
including— 
(A) program content; 
(B) staffing and legal structure; 
• 
(C) transmitter and headquarters requirements; 
(D) costs; 
(E) expected effect on developments within China and on 
Sino-American relations; and 
(F) expected effect on developments within other com-
munist countries in Asia and on their relations with the 
United States. 
105 STAT. 706 
PUBLIC LAW 102-138—OCT. 28, 1991 
(3) METHODOLOGY.—The Commission shall conduct such 
studies, inquires, hearings, and meetings as it considers 
necessary. 
(4) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Commission shall submit to the President, 
the Speaker of the House of Representatives, and the President 
of the Senate a report describing its activities in carrying out 
the purpose of paragraph (1) and including recommendations 
regarding the issues of paragraph (2). 
(c) ADMINISTRATION.— 
(1) COMPENSATION AND TRAVEL EXPENSES.— 
(A) GENERAL PROVISION.— 
(i) Except as provided in subparagraph (B), members 
shall each receive compensation at a rate of 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, for 
each day such member is engaged in the actual 
performance of the duties of the Commission; and 
(ii) shall be allowed travel expenses, including per 
diem in lieu of subsistence at rates authorized for 
employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from their 
homes or regular places of business in the performance 
of services for the Commission. 
(B) LIMITATION.—Any member of the Commission who is 
an officer or employee of the United States shall not be paid 
compensation for services performed as a member of the 
Commission. 
(2) SUPPORT FROM EXECUTIVE AND LEGISLATIVE BRANCHES.— 
(A) EXECUTIVE AGENCIES.—Executive agencies shall, to 
the extent the President considers appropriate and as per-
mitted by law, provide the Commission with appropriate 
information, advice, and assistance. 
(B) CONGRESSIONAL COMMITTEES.—As may be considered 
appropriate by the chairpersons, committees of Congress 
may provide appropriate information, advice, and assist-
ance to the Commission. 
(3) EXPENSES.—Expenses of the Commission shall be paid 
from funds available to the Department of State. 
(d) TERMINATION.—The Commission shall terminate upon submis-
sion of the report under subsection O^)-
SEC. 244. POLICY ON RADIO FREE EUROPE. 
It is the sense of the Congress that Radio Free Europe should 
continue to broadcast to nations throughout Eastern Europe and 
should maintain its broadcasts to any nation until— 
(1) new sources of timely and accurate domestic and inter-
national information have supplanted and rendered redundant 
the broadcasts of Radio Free Europe to that nation; and 
(2) that nation has clearly demonstrated the successful 
establishment and consolidation of democratic rule. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 707 
TITLE III— MISCELLANEOUS FOREIGN POLICY PROVISIONS 
PART A—FOREIGN POLICY PROVISIONS 
SEC. 301. PERSIAN GULF WAR CRIMINALS 
(a) INTERNATIONAL CRIMINAL TRIBUNAL.— 
(1) PROPOSAL FOR ESTABUSHMENT.—It is the sense of the Con-
gress that the President, acting through the Permanent Rep-
resentative of the United States to the United Nations, should 
propose to the Security Council the establishment of an inter-
national criminal tribunal for the prosecution of Persian Gulf 
war criminals who may not more appropriately be prosecuted in 
Federal and specially appointed courts of the United States. 
(2) ALTERNATIVE MEANS FOR ESTABLISHMENT.—If the United 
Nations Security Council fails to take action to establish an 
international criminal tribunal for the prosecution of Persian 
Gulf war criminals, it is the sense of the Congress that the 
President should work with the partners in the coalition of 
nations participating in Operation Desert Storm to establish 
such an international criminal tribunal. 
(b) DESIGNATION OF RESPONSIBILITY AT STATE DEPARTMENT.—The 
Secretary of State shall designate a high level official with respon-
sibility for— 
(1) the development of a proposal for the prosecution of 
Persian Gulf War criminals in an international tribunal, includ-
ing proposing in the United Nations the establishment of such a 
tribunal, and advising the United States Permanent Represent-
ative to the United Nations in any discussion or negotiations 
concerning such matters; 
(2) advising the President on the appropriate jurisdiction for 
the prosecution of Persian Gulf war criminals; and 
(3) supporting and facilitating United States implementation 
of its duties and responsibilities with respect to any tribunal 
which may be established for the prosecution of Persian Gulf 
war criminals, 
(c) PRESIDENTIAL REPORT.—Not later than 30 days after the date of 
the enactment of this Act, the President shall submit to the Commit-
tee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives a report— 
(1) setting forth the proposal developed under subsection 
(b)(1); 
(2) describing the evidence of crimes under international law 
that justifies the prosecution of Persian Gulf war criminals 
before an international criminal tribunal; and 
(3) identifying Iraqi authorities who should be prosecuted for 
committing such crimes. 
SEC. 302. BENEFITS FOR UNITED STATES HOSTAGES CAPTURED IN 
LEBANON. 
(a) IN GENERAL.—Section 599C of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1991, is 5 USC 5561 note, 
amended— 
(1) in subsection (a), by adding at the end of the first sentence 
"during fiscal year 1991 and hereafter"; 
(2) in paragraphs (3) and (4) of subsection (b), by striking out 
"During' each place it appears and inserting in lieu thereof 
"Except as provided in paragraph (5), during"; 
105 STAT. 708 
PUBLIC LAW 102-138—OCT. 28, 1991 
(3) by adding at the end of subsection (b) the following new 
paragraph: 
"(5) For purposes of the application of paragraphs (3) and (4) to 
United States hostages captured in Lebanon, the period of entitle-
ment of benefits, subject to the availability of funds, shall be the 
period of an individual's hostage status, plus a 60-month period 
following the termination of the hostage status of that individual."; 
(4) in subsection (d), by amending paragraph (4)(B) to read as 
follows: 
"(B) the term 'United States hostages captured in Lebanon' 
means United States nationals, including lawful permanent 
residents of the United States, who have been forcibly detained, 
held hostage, or interned for any period of time after June 1, 
1982, by any government (including the agents thereof) or group 
in Lebanon for the purpose of coercing the United States 
Government or any other government."; and 
(5) in subsection (e), by amending paragraph (2) to read as 
follows: 
"(2) Notwithstanding any other provision of law, funds allocated 
under paragraph (1) are authorized to remain available until 
expended.". 
5 use 5561 note. 
(b) EFFECTIVE DATE.—The amendments made by subsection (a) 
shall be deemed to have become effective as of the date of enactment 
of the Foreign Operations Export Financing, and Related Programs 
Appropriations Act, 1991 (Public Law 101-513). 
President. 
SEC. 303. REPORTS CONCERNING CHINA. 
(a) REPORT TO CONGRESS.—Not later than May 1, 1992 and May 1, 
1993, the President shall submit to the Chairmen and Ranking 
Members of the appropriate congressional committees a report 
detailing specific progress or lack thereof by the People's Republic of 
China in the following areas: 
(1) Human rights, including— 
(A) the surveillance, intimidation, and harassment of 
Chinese citizens living within China because of their pro-
democracy activities; 
(B) the surveillance, intimidation, and harassment of Chi-
nese citizens living within the United States because of 
their pro-democracy activities with particular focus on 
those whose passports have been confiscated or not renewed 
in retaliation for pro-democracy activities; 
(C) the use of torture or other cruel, inhuman, or degrad-
ing treatment or punishment; 
(D) political prisoners, including those in Tibet, still held 
against their will and those who have received amnesty 
from the Chinese Government for their pro-democracy 
activities; 
(E) prolonged detention without charges and trials, and 
sentencing of members of the pro-democracy movement for 
peaceful demonstrations for democracy; 
(F) the use of forced labor of prisoners to produce cheap 
goods for export to countries, including the United States, 
in violation of labor treaties and United States law; 
(G) the Chinese Government's willingness to permit 
access for international human rights monitoring groups to 
prisoners, trials, and places of detention; and 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 709 
(H) the detention and arrest of religious leaders and 
members of religious groups, including those under house 
arrest, detained, or imprisoned as a result of their expres-
sions of religious belief. 
(2) Weapons proliferation— 
(A) Exports by the People's Republic of China which 
relate to improving the military capabilities of nations in 
the Middle East and South Asia, including a description of 
previous and potential future transfers of— 
(i) M-series ballistic missile systems, and of tech-
nology and assistance related to the production of such 
missile systems; 
(ii) technologies capable of producing weapons-grade 
nuclear material; and 
(iii) technology and materials needed for the produc-
tion or use of chemical and biological arms. 
(B) JOINING ARMS SUPPLIER REGIMES.—The adoption of 
guidelines and restrictions set forth by— 
(i) the Missile Technology Control Regime; 
(ii) the Australia Group on Chemical and Biological 
arms proliferation; and 
(iii) the Nuclear Suppliers Group. 
(3) Restrictions on trade between the United States and 
China, which are not described in the National Trade Estimate 
Report required under section 181 of the Trade Act of 1974, 
including— 
(A) internal trade barriers to American goods and prod-
ucts, with particular attention paid to those implemented 
since the Tiananmen Square massacre in 1988; 
(B) regulations established since 1988 to ensure strict 
control over more than 100 categories of products; 
(C) excessive duties imposed on imports to China; 
(D) excessive licensing requirements for imported goods; 
(E) restrictions on private ownership of property, includ-
ing capital; 
(F) section 301 violations, including attempts to evade 
United States import quotas; and 
(G) protection for intellectual property. 
(b) HISTORICAL BACKGROUND.—The report shall also include— 
(1) a compendium of the most significant actions taken by the 
Chinese government since the Tiananmen Square massacre in 
each of the areas of the report (human rights, arms sales and 
nuclear proliferation and trade); and 
(2) a list of the most significant United States actions taken 
since 1988 to underscore United States concerns about Chinese 
policies, including consultations and communications encourag-
ing other governments to take similar actions. 
(c) CLASSIFIED ANNEX.—The report may include a classified annex 
detailing Chinese arms sales and nuclear weapons proliferation 
activities. All other sispects of the report shall be unclassified. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—The "appropriate 
congressional committees" referred to in subsection (a) shall include 
the Committee on Foreign Relations and the Committee on Finance 
of the Senate and the Committee on Foreign Affairs and the 
Committee on Ways and Means of the House of Representatives. 
49-194 O - 92 - 24 : QL. 3 Part 1 
105 STAT. 710 
PUBLIC LAW 102-138—OCT. 28, 1991 
SEC. 304. REPORT ON TERRORIST ASSETS IN THE UNITED STATES. 
(a) REPORTS TO CONGRESS.—Beginning 90 days after the date of 
enactment of this Act and every 365 days thereafter, the Secretary 
of the Treasury shall submit to the Committee on Foreign Relations 
and the Committee on Finance of the Senate and the Committee on 
Foreign Affairs and the Committee on Ways and Means of the 
House of Representatives a report describing the nature and extent 
of assets held in the United States by terrorist countries and any 
organization engaged in international terrorism. 
(b) DEFINITIONS.—For purposes of this section— 
(1) the term "terrorist countries", refers to countries des-
ignated by the Secretary of State under section 40(d) of the 
Arms Export Control Act; and 
(2) the term "international terrorism" has the meaning given 
such term in section 140(d) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989. 
PART 
B—ARMS 
CONTROL 
AND 
PROLIFERATION 
SEC. 321. LIMITATION ON RESCISSION OF PROHIBITIONS APPLICABLE TO 
TERRORIST COUNTRIES. 
Section 40(f) of the Arms Export Control Act (22 U.S.C. 2780(f)) is 
amended— 
(1) by redesignating subparagraphs (A), (B), and (C) of each of 
paragraphs (1) and (2) as clauses (i), (ii), and (iii), respectively; 
(2) by redesignating paragraphs (1) and (2) as subparagraphs 
(A) and (B), respectively; 
(3) by inserting "(1)" immediately after "(f) RESCISSION.—"; 
and 
(4) by adding at the end thereof the following new paragraph: 
"(2)(A) No rescission under paragraph (1)(B) of a determination 
under subsection (d) may be made if the Congress, within 45 days 
after receipt of a report under paragraph (1)(B), enacts a joint 
resolution the matter after the resolving clause of which is as 
follows: 'That the proposed rescission of the determination under 
section 40(d) of the Arms Export Control Act pursuant to the report 
submitted to the Congress on 
is hereby prohib-
ited.', the blank to be completed with the appropriate date. 
"(B) A joint resolution described in subparagraph (A) and intro-
duced within the appropriate 45-day period shall be considered in 
the Senate and the House of Representatives in accordance with 
paragraphs (3) through (7) of section 8066(c) of the Department of 
Defense Appropriations Act (as contained in Public Law 98-473), 
except that references in such paragraphs to the Committees on 
Appropriations of the House of Representatives and the Senate shall 
be deemed to be references to the Committee on Foreign Affairs of 
the House of Representatives and the Committee on Foreign Rela-
tions of the Senate, respectively.". 
SEC. 322. POLICY ON MIDDLE EAST ARMS SALES. 
In recognition of the particular volatility of the Middle East, the 
tremendous cost in human lives and suffering in the aftermath of 
the aggression by Iraq, and imperative that stability be maintained 
in the region while the course toward lasting peace is pursued, the 
authority to make sales under the Arms Export Control Act or to 
furnish military assistance under chapter 2 of part II of the Foreign 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 711 
Assistance Act of 1961 shall be exercised with regard to the Middle 
East for the objectives set forth in law and that the President 
should— 
(1) transfer defense articles and services only to those nations 
that have given reliable assurances that such articles will be 
used only for internal security, for legitimate self-defense, to 
permit the recipient country to participate in regional or collec-
tive arrangements or measures consistent with the Charter of 
the United Nations, or otherwise to permit the recipient coun-
try to participate in collective measures requested by the 
United Nations for the purpose of maintaining or restoring 
international peace and security; 
(2) transfer defense articles and services to nations in the 
region only after it has been determined that such transfers will 
not contribute to an arms race, will not increase the possibility 
of outbreak or escalation of conflict and will not prejudice the 
development of bilateral or multilateral arms control arrange-
ments; and 
(3) take steps to ensure that each nation of the Middle East 
that is a recipient of United States defense articles and 
services— 
(A) affirms the right of all nations in the region to exist 
within safe and secure borders; and 
(B) supports or is engaged in direct regional peace 
negotiations. 
SEC. 323. MISSILE TECHNOLOGY. 
(a) ACQUISITION.—Section 73(a)(1)(A) of the Arms Export Control 
Act is amended by inserting "acquisition," before "design,". 
22 USC 2797b. 
(b) NoNMARKET ECONOMIES.—Section 74(8)(B) of the Arms Export 
Control Act is amended by striking "countries where it may be 
22 USC 2797c. 
impossible to identify a specific governmental entity referred to in 
subparagraph (A)" and inserting in lieu thereof "countries with non-
market economies (excluding former members of the Warsaw 
Pact)". 
(c) MILITARY AIRCRAFT.—Section 74(8)(B)(ii) of the Arms Export 
Control Act is amended by striking "aircraft, electronics, and space 
systems or equipment" and inserting in lieu thereof: "electronics, 
space systems or equipment, and military aircraft". 
SEC. 324. REPORT ON CHINESE WEAPONS PROLIFERATION PRACTICES. 
President. 
(a) REQUIREMENT.—Within 90 days of the enactment of this Act 
the President shall submit a report to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives on "Chinese Nuclear, Chemical, Bio-
logical, and Missile Proliferation Practices". 
(b) CONTENT.—Such report shall be transmitted in classified and 
unclassified forms and shall describe all actions and policies of the 
People's Republic of China which relate to improving the military 
capabilities of nations in the Middle East and South Asia, including 
a description of previous and potential future transfers o
f
— 
(1) M-series ballistic missile systems, and of technology and 
assistance related to the production of such missile systems; 
(2) technologies capable of producing weapons-grade nuclear 
material; and 
(3) technology and materials needed for the production or use 
of chemical and biological arms. 
105 STAT. 712 
PUBLIC LAW 102-138—OCT. 28, 1991 
(c) SPECIAL REPORT.—At any time that the President determines 
that the People's Republic of China is preparing to take, or has 
taken, any action described in subsection (b), he shall so report in 
writing to Congress. 
SEC. 325. REPORT ON SS-23 MISSILES. 
Pursuant to its constitutional responsibilities of advice and con-
sent in respect to treaties, the Senate requests that before submit-
ting to the Senate for its advice and consent to ratification a 
Strategic Arms Reduction Treaty, the President provide a classified 
report with an unclassified summary to the Senate on whether the 
SS-23 INF missiles of Soviet manufacture, which the Soviets have 
confirmed have existed in the territories of the former East Ger-
many, Czechoslovakia, and Bulgaria, constitute a violation of the 
INF Treaty or constitute deception in the INF negotiations, and 
whether the United States has reliable assurances that the missiles 
will be destroyed. 
PART 
C—DECLARATIONS 
OF 
CONGRESS 
SEC. 351. RECIPROCAL DIPLOMATIC STATUS WITH MEXICO. 
It is the sense of Congress that— 
(1) all United States law enforcement personnel serving in 
Mexico should be accredited in the same manner and accorded 
the same status as United States diplomatic and consular 
personnel serving as official representatives at United States 
posts in Mexico; and 
(2) all Mexican narcotics law enforcement personnel serving 
in the United States should be accredited in the same manner 
and accorded the same diplomatic and consular status as United 
States Drug Enforcement Administration personnel serving in 
Mexico. 
SEC. 352. UNITED STATES PRESENCE IN LITHUANIA, LATVIA, AND 
ESTONIA. 
It is the sense of the Congress that in the aftermath of the 
reestablishment of full diplomatic relations between the United 
States and Lithuania, Latvia, and Estonia, the United States 
Government, including the Secretary of State, the Director of the 
United States Information Agency, and the Director of the Foreign 
Commercial Service, should provide in Lithuania, Latvia, and 
Estonia— 
(1) an embassy and full complement of embassy staff and 
personnel; 
(2) cultural and information officers for the purpose of 
expanding cultural contacts and promoting citizen, academic, 
professional, and other exchange programs between the United 
States and Lithuania, Latvia, and Estonia; and 
(3) commercial representatives for the purpose of expanding 
commercial and trade relations between the United States and 
Lithuania, Latvia, and Estonia. 
SEC. 353. LAOTIAN-AMERICAN RELATIONS. 
It is the sense of the Congress that the President, in recognition of 
the constructive changes taking place in Laos, should— 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 713 
(1) upgrade the current American diplomatic representation 
in Vientiane, Laos, from Charge d'Affaires to the level of 
Ambassador; 
(2) ensure that an American military attache is permanently 
assigned to the United States mission in Vientiane to assist the 
recovery of American prisoners of war and missing in action; 
and 
(3) ensure that Drug Enforcement Agency personnel are 
permanently assigned, when practicable, to the United States 
mission in Vientiane for the purpose of accelerating cooperative 
* efforts in narcotics eradication and interdiction. 
SEC. 354. POW/MIA STATUS. 
It is the sense of the Congress that— 
(1) the United States should continue to give the highest 
national priority to accounting as fully as possible for Ameri-
cans still missing or otherwise unaccounted for in Southeast 
Asia and to securing the return of any Americans who may still 
be held captive in Southeast Asia; 
(2) the United States should ensure that there is a viable 
sustained process of joint cooperation with the Socialist Repub-
lic of Vietnam and the Lao People's Democratic Republic to 
achieve credible answers for the families of America's service-
men and civilians who are missing or otherwise unaccounted 
for, including primary-next-of-kin access to all records and 
information resulting from the process of joint investigations, 
surveys, and excavations; 
(3) the United States should encourage and provide all nec-
essary assistance to the families of POW/MIAs and to American 
veterans organizations, such as the American Legion, Veterans 
of Foreign Wars, and Vietnam Veterans of America in their 
efforts to account for POW/MIAs; 
(4) General John Vessey should be highly commended for his John Vessey. 
personal commitment to resolving the POW/MIA issue; 
(5) the United States should develop a means to obtain the 
fullest possible accounting for Americans who are listed as 
missing or otherwise unaccounted for in Cambodia, without 
placing this humanitarian objective into conflict with United 
States efforts to obtain an acceptable political settlement of the 
Cambodian situation; and 
(6) the United States should heighten responsible public 
awareness of the Americans still missing or otherwise unac-
counted for in Southeast Asia through the dissemination of 
factual data. 
SEC. 355. CHINA'S ILLEGAL CONTROL OF TIBET. 
It is the sense of the Congress that— 
(1) Tibet, including those areas incorporated into the Chinese 
provinces of Sichuan, Yunnan, Gansu, and Quinghai, is an 
occupied country under the established principles of inter-
national law; 
(2) Tibet's true representatives are the Dalai Lama and the 
Tibetan Government in exile as recognized by the Tibetan 
people; 
(3) Tibet has maintained throughout its history a distinctive 
and sovereign national, cultural, and religious identity separate 
from that of China and, except during periods of illegal Chinese 
105 STAT. 714 
PUBLIC LAW 102-138—OCT. 28, 1991 
occupation, has maintained a separate and sovereign political 
and territorial identity; 
(4) historical evidence of this separate identity may be found 
in Chinese archival documents and traditional dynastic his-
tories, in United States recognition of Tibetan neutrality during 
World War II, and in the fact that a number of countries 
including the United States, Mongolia, Bhutan, Sikkim, Nepal, 
India, Japan, Great Britain, and Russia recognized Tibet as an 
independent nation or dealt with Tibet independently of any 
Chinese government; 
(5) in 1949-1950, China launched an armed invasion of Tibet 
in contravention of international law; 
(6) it is the policy of the United States to oppose aggression 
and other illegal uses of force by one country against the 
sovereignty of another as a manner of acquiring territory, and 
to condemn violations of international law, including the illegal 
occupation of one country by another; and 
(7) numerous United States declarations since the Chinese 
invasion have recognized Tibet's right to self-determination and 
the illegality of China's occupation of Tibet. 
SEC. 356. RELEASE OF PRISONERS HELD IN IRAQ. 
(a) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) in addition to other requirements of law, the President 
should not lift United States economic sanctions currently in 
place against the Iraqi government, and should continue to 
make every effort to ensure the multinational coalition main-
tains the full range of economic sanctions as embodied in the 
appropriate United Nations Security Council resolutions; and 
(2) such sanctions should remain in effect until the Iraqi 
government has released all individuals held prisoner and has 
accounted as fully as possible for all those missing as a result of 
Iraq's invasion of Kuwait, including those Kuwaiti citizens and 
other Kuwaiti residents captured or detained by Iraq. 
(b) REPORT TO CONGRESS.—The Secretary of State shall— 
(1) continue to consult with the International Committee of 
the Red Cross (ICRC) on the status of a detailed list of all 
Kuwaiti citizens and other residents of Kuwait believed to have 
been captured or detained by the government of Iraq; and 
(2) to the extent such information is available, submit a report 
on the steps which have been taken and planned actions to 
effect the release of remaining prisoners held by Iraq to the 
appropriate committees of the Congress not later than 180 days 
after the date of the enactment of this Act. 
(c) DEFINITION.—For the purposes of this section the term "appro-
priate committees of the Congress" means the Committee on For-
eign Relations of the Senate and the Committee on Foreign Affairs 
of the House of Representatives. 
SEC. 357. POLICY TOWARD HONG KONG. 
It is the sense of the Congress that the United States should 
encourage the Government of the United Kingdom to provide the 
people of Hong Kong all possible civil liberties, including popular 
election of the territory's Legislative Council, so that it will be-
queath a fully functioning, self-governing democracy to China in 
1997. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 715 
SEC. 358. POLICY TOWARD TAIWAN. 
It is the sense of Congress that— 
(1) Taiwan's economic dynamism is a tribute to the success of 
the postwar United States assistance program and to Taiwan's 
commitment to an international system of free trade; 
(2) Taiwan's economic growth has made it in recent years an 
indispensable part of regional and international networks of 
trade, investment, and finance; and 
(3) the United States should support Taiwan's interest in 
playing a role in international 
and 
regional 
economic 
organizations. 
SEC. 359. HUMAN RIGHTS ABUSES IN EAST TIMOR. 
(a) FINDINGS.—The Congress finds that— 
(1) many tens of thousands out of a population of nearly 
700,000 perished in the former Portuguese colony of East Timor 
between 1975 and 1980, as a result of war-related killings, 
famine, and disease following the invasion of that territory by 
Indonesia; 
(2) Amnesty International and other international human 
rights organizations continue to report evidence in East Timor 
of human rights violations, including torture, arbitrary arrest, 
and repression of freedom of expression; 
(3) serious medical, nutritional, and humanitarian problems 
persist in East Timor; 
(4) a state of intermittent conflict continues to exist in East 
Timor; and 
(5) the Governments of Portugal and Indonesia have con-
ducted discussions since 1982 under the auspices of the United 
Nations to find an internationally acceptable solution to the 
East Timor conflict. 
Qa) STATEMENT OF POLICY.—It is the sense of the Congress that— 
(1) the President should urge the Government of Indonesia to 
take action to end all forms of human rights violations in East 
Timor and to permit full freedom of expression in East Timor; 
(2) the President should encourage the Government of Indo-
nesia to facilitate the work of international human rights 
organizations and other groups seeking to monitor human 
rights conditions in East Timor and to continue and expand 
cooperation with international humanitarian relief and devel-
opment organizations seeking to work in East Timor; and 
(3) the Administration should encourage the Secretary Gen-
eral of the United Nations and the governments of Indonesia, 
Portugal, and other involved parties, to arrive at an inter-
nationally acceptable solution which addresses the underlying 
causes of the conflict in East Timor. 
SEC. 360. SUPPORT FOR NEW DEMOCRACIES. 
It is the policy of the United States— 
(1) to support democratization within the Soviet Union and 
support self-determination, observer and other appropriate 
status in international organizations, particularly the Con-
ference on Security and Cooperation in Europe (CSCE) and 
independence for all republic-level governments which seek 
such status; 
(2) to shape its foreign assistance and other programs to 
support those republics that pursue a democratic and market-
105 STAT. 716 
PUBLIC LAW 102-138—OCT. 28, 1991 
oriented course of development, and demonstrate a commitment 
to abide by the rule of law; 
(3) to strongly support peaceful resolution of conflicts within 
the Soviet Union and between the central Soviet government 
and 
Lithuania, 
Latvia, 
and 
Estonia 
and 
republic-level 
governments; 
(4) to condemn the actual and threatened use of martial law, 
pogroms, military occupation, blockades, and other uses of force 
which have been used to suppress democracy and self-deter-
mination; and 
(5) to view the threatened and actual use of force to suppress 
the self-determination 
of republic-level governments 
and 
Lithuania, Latvia, and Estonia as an obstacle to fully normal-
ized United States-Soviet relations. 
SEC. 361. POLICY REGARDING UNITED STATES ASSISTANCE TO THE 
SOVIET UNION AND YUGOSLAVIA. 
(a) CONGRESSIONAL STATEMENT.—An essential purpose of United 
States foreign assistance is to foster the development of democratic 
institutions and free enterprise systems. Stable economic growth, 
fostered by free enterprise and free trade, is also important to the 
development of democratic institutions. 
(b) DECLARATION OF UNITED STATES POLICY.—It is the policy of the 
United States, to the extent feasible and consistent with United 
States national interest, that— 
(1) assistance to the Soviet Union and Yugoslavia, including 
their successor entities or any constituent part, shall be condi-
tioned on significant steps toward political pluralism based on a 
democratic multi-party political system, economic reform based 
on a market-oriented economy, respect for internationally rec-
ognized human rights and a willingness to build a friendly 
relationship with the United States; and 
(2) expanded trade with the republics in the Soviet Union and 
Yugoslavia or their successor entities should be encouraged. 
SEC. 362. POLICY TOWARD THE RELEASE OF POLITICAL PRISONERS BY 
SOUTH AFRICA. 
It is the sense of the Congress that— 
(1) the President and the Secretary of State should pursue, 
through diplomatic actions with the South African Government, 
the release of all political prisoners and the resolution of con-
troversy about who is eligible for release as a political prisoner; 
Reports. 
(2) not less than 90 days after enactment of this Act, the 
Secretary of State shall submit to the Committee on Foreign 
Relations of the Senate and the Speaker of the House of Rep-
resentatives a report documenting the progress which has been 
made concerning the release of all political prisoners in South 
Africa; and 
(3) satisfactory resolution between the South African govern-
ment and the African National Congress of the issue of the 
release of political prisoners is essential to the continued 
progress toward the establishment of a nonracial democracy in 
South Africa. 
SEC. 363. UNITED STATES TACTICAL NUCLEAR WEAPONS DESIGNED FOR 
DEPLOYMENT IN EUROPE. 
(a) FINDINGS.—The Congress finds that— 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 717 
(1) the Warsaw Pact military alliance no longer exists; 
(2) the Soviet Union's capability to pose a military threat to 
European security has retreated radically; and 
(3) in light of the retreating Soviet threat, West European 
electorates are unlikely to approve the deployment of new 
United States tactical nuclear weapons on European soil. 
(b) POLICY.—It is the sense of the Congress that the United States 
Government should not proceed with the research or development of 
any tactical nuclear system designed solely for deployment in 
Europe unless and until the Council of the North Atlantic Treaty 
Organization has officially announced how, when, and where such 
tactical nuclear systems will be deployed. 
SEC. 364. UNITED STATES SUPPORT FOR UNCED. 
(a) FINDINGS.—The Congress finds that— 
(1) the United Nations Conference on Environment and 
Development (hereinafter 
in this section referred 
to as 
"UNCED") is scheduled to meet in June 1992 in Rio de Janiero, 
Brazil; and 
(2) UNCED affords a major opportunity to shape inter-
national environmental policy as an underpinning of sustain-
able development for well into the next century. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that— 
(1) the United States should seek to integrate environmental 
principles and considerations into all spheres of international 
economic activity; 
(2) the President should accord the UNCED process high-level 
attention and priority within the executive branch; 
(3) the United States should exercise a leadership role in 
preparations for the June 1992 meeting of the UNCED; 
(4) the United States should carefully consider what it hopes 
to achieve through the UNCED and how United States national 
security interests may best be advanced in deliberations in that 
conference; 
(5) the United States should seek ways to forge a global 
partnership and international cooperation among developing 
and industrialized nations on behalf of environmentally sound 
economic development; 
(6) the United States should actively pursue creative ap-
proaches to the spectrum of UNCED issues which the con-
ference will address, and in particular seek innovative solutions 
to the key cross-sectorial issues of technology transfer and 
financial resources; 
(7) the United States should consider how best to strengthen 
international legal and institutional mechanisms to effectively 
address the range of UNCED issues beyond the 1992 Conference 
and into the next century; 
(8) the United States should promote broad international 
participation in the UNCED process at all levels, from grass 
roots to national; 
(9) the Agency for International Development should assume 
an appropriate role in the preparations for the June 1992 
meeting of the UNCED, in view of the mandate and expertise of 
that agency regarding the twin conference themes of inter-
national environment and development; and 
(10) the executive branch should consider funding for appro-
priate activities related to the UNCED in amounts which are 
105 STAT. 718 
PUBLIC LAW 102-138—OCT. 28, 1991 
commensurate with United States responsibilities in the world, 
as such funds can engender good will and further our national 
interests and objectives in the UNCED process. 
22 use 2778 
TITLE IV—ARMS TRANSFERS RESTRAINT POLICY FOR THE 
"°*e 
MIDDLE EAST AND PERSIAN GULF REGION 
SEC. 401. FINDINGS. 
The Congress finds that— 
(1) nations in the Middle East and Persian Gulf region, which 
accounted for over 40 percent of the international trade in 
weapons and related equipment and services during the decade 
of the 1980's, are the principal market for the worldwide arms 
trade; 
(2) regional instability, large financial resources, and the 
desire of arms-supplying governments to gain influence in the 
Middle East and Persian Gulf region, contribute to a regional 
arms race; 
(3) the continued proliferation of weapons and related equip-
ment and services contribute further to a regional arms race in 
the Middle East and Persian Gulf region that is politically, 
economically, and militarily destabilizing; 
(4) the continued proliferation of unconventional weapons, 
including nuclear, biological, and chemical weapons, as well as 
delivery systems associated with those weapons, poses an urgent 
threat to security and stability in the Middle East and Persian 
Gulf region; 
(5) the continued proliferation of ballistic missile technologies 
and ballistic missile systems that are capable of delivering 
conventional, nuclear, biological, or chemical warheads under-
mines security and stability in the Middle East and Persian 
Gulf region; 
(6) future security and stability in the Middle East and Per-
sian Gulf region would be enhanced by establishing a stable 
military balance among regional powers by restraining and 
reducing both conventional and unconventional weapons; 
(7) security, stability, peace, and prosperity in the Middle East 
and Persian Gulf region are important to the welfare of the 
international economy and to the national security interests of 
the United States; 
(8) future security and stability in the Middle East and Per-
sian Gulf region would be enhanced through the development of 
a multilateral arms transfer and control regime similar to those 
of the Nuclear Suppliers' Group, the Missile Technology Control 
Regime, and the Australia Chemical Weapons Suppliers Group; 
(9) such a regime should be developed, implemented, and 
agreed to through multilateral negotiations, including under 
the auspices of the 5 permanent members of the United Nations 
Security Council; 
(10) confidence-building arms control measures such as the 
establishment of a centralized arms trade registry at the United 
Nations, greater multinational transparency on the transfer of 
defense articles and services prior to agreement or transfer, 
cooperative verification measures, advanced notification of mili-
tary exercises, information exchanges, on-site inspections, and 
creation of a Middle East and Persian Gulf Conflict Prevention 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 719 
Center, are important to implement an effective multilateral 
arms transfer and control regime; 
(11) as an interim step, the United States should consider 
introducing, during the ongoing negotiations on confidence 
security-building measures at the Conference on Security and 
Cooperation in Europe (CSCE), a proposal regarding the inter-
national exchange of information, on an annual basis, on the 
sale and transfer of major military equipment, particularly to 
the Middle East and Persian Gulf region; and 
(12) such a regime should be applied to other regions with the 
ultimate objective of achieving an effective global arms transfer 
and control regime, implemented and enforced through the 
United Nations Security Council, that— 
(A) includes a linkage of humanitarian and developmen-
tal objectives with security objectives in Third World coun-
tries, particularly the poorest of the poor countries; and 
(B) encourages countries selling military equipment and 
services to consider the following factors before making 
conventional arms sales: the security needs of the purchas-
ing countries, the level of defense expenditures by the 
purchasing countries, and the level of indigenous produc-
tion of the purchasing countries. 
SEC. 402. MULTILATERAL ARMS TRANSFER AND CONTROL REGIME. 
(a) IMPLEMENTATION OF THE REGIME.— 
President. 
(1) CONTINUING NEGOTIATIONS.—The President shall continue 
negotiations among the 5 permanent members of the United 
Nations Security Council and commit the United States to a 
multilateral arms transfer and control regime for the Middle 
East and Persian Gulf region. 
(2) PROPOSING A TEMPORARY MORATORIUM DURING NEGOTIA-
TIONS.—In the context of these negotiations, the President 
should propose to the 5 permanent members of the United 
Nations Security Council a temporary moratorium on the sale 
and transfer of major military equipment to nations in the 
Middle East and Persian Gulf region until such time as the 5 
permanent members agree to a multilateral arms transfer and 
control regime. 
(b) PURPOSE OF THE REGIME.—The purpose of the multilateral 
arms transfer and control regime should be— 
(1) to slow and limit the proliferation of conventional weapons 
in the Middle East and Persian Gulf region with the aim of 
preventing destabilizing transfers by— 
(A) controlling the transfer of conventional major mili-
tary equipment; 
(B) achieving transparency among arms suppliers nations 
through advanced notification of agreement to, or transfer 
of, conventional major military equipment; and 
(C) developing and adopting common and comprehensive 
control guidelines on the sale and transfer of conventional 
major military equipment to the region; 
(2) to halt the proliferation of unconventional weapons, 
including nuclear, biological, and chemical weapons, as well as 
delivery systems associated with those weapons and the tech-
nologies necessary to produce or assemble such weapons; 
(3) to limit and halt the proliferation of ballistic missile 
technologies and ballistic missile systems that are capable of 
105 STAT. 720 
PUBLIC LAW 102-138—OCT. 28, 1991 
delivering 
conventional, 
nuclear, 
biological, 
or 
chemical 
warheads; 
, (4) to maintain the military balance in the Middle East and 
Persian Gulf region through reductions of conventional weap-
ons and the elimination of unconventional weapons; and 
(5) to promote regional arms control in the Middle East and 
Persian Gulf region. 
(c) ACHIEVING THE PURPOSES OF THE REGIME.— 
(1) CONTROLLING PROLIFERATION OF CONVENTIONAL WEAPONS.— 
In order to achieve the purposes described in subsection (b)(1), 
the United States should pursue the development of a multilat-
eral arms transfer and control regime which includes— 
(A) greater information-sharing practices among supplier 
nations regarding potential arms sales to all nations of the 
Middle East and Persian Gulf region; 
(B) applying, for the control of conventional major mili-
tary equipment, procedures already developed by the Inter-
national Atomic Energy Agency, the Multilateral Coordi-
nating Committee on Export Controls (COCOM), and the 
Missile Technology Control Regime (MTCR); and 
(C) other strict controls on the proliferation of conven-
tional major military equipment to the Middle East and 
Persian Gulf region. 
(2) HALTING PROLIFERATION OF UNCONVENTIONAL WEAPONS.— 
In order to achieve the purposes described in subsections (b) (2) 
and (3), the United States should build on existing and future 
agreements among supplier nations by pursuing the develop-
ment of a multilateral arms transfer and control regime which 
includes— 
(A) limitations and controls contained in the Enhanced 
Proliferation Control Initiative; 
(B) limitations and controls contained in the Missile Tech-
nology Control Regime (MTCR); 
(C) guidelines followed by the Australia Group on chemi-
cal and biological arms proliferation; 
(D) guidelines adopted by the Nuclear Suppliers Group 
(the London Group); and 
(E) other appropriate controls that serve to halt the flow 
of unconditional weapons to the Middle East and Persian 
Gulf region. 
(3) PROMOTION OF REGIONAL ARMS CONTROL AGREEMENTS.—In 
order to achieve the purposes described in subsections (b) (4) and 
(5), the United States should pursue with nations in the Middle 
East and Persian Gulf region— 
(A) the maintenance of the military balance within the 
region, while eliminating nuclear, biological, and chemical 
weapons and associated delivery systems, and ballistic 
missiles; 
(B) the implementation of confidence-building and secu-
rity-building measures, including advance notification of 
certain ground and aerial military exercises in the Middle 
East and the Persian Gulf; and 
(C) other useful arms control measures. 
(d) MAJOR MIUTARY EQUIPMENT.—As used in this title, the term 
"major military equipment" means— 
(1) air-to-air, air-to-surface, and surface-to-surface missiles 
and rockets; 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 721 
(2) turbine-powered military aircraft; 
(3) attack helicopters; 
(4) main battle tanks; 
(5) submarines and major naval surface combatants; 
(6) nuclear, biological, and chemical weapons; and 
(7) such other defense articles and defense services as the 
President may determine. 
SEC. 403. LIMITATION ON UNITED STATES ARMS SALES TO THE REGION. 
Beginning 60 days after the date of enactment of the International 
Cooperation Act of 1991 or the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993, whichever is enacted first, no sale of any 
defense article or defense service may be made to any nation in the 
Middle East and Persian Gulf region, and no license may be issued 
for the export of any defense article or defense service to any nation 
in the Middle East and Persian Gulf region, unless the President— 
(1) certifies in writing to the relevant congressional commit-
tees that the President has undertaken good faith efforts to 
convene a conference for the establishment of an arms suppliers 
regime having elements described in section 402; and 
(2) submits to the relevant congressional committees a report 
setting forth a United States plan for leading the world commu-
nity in establishing such a multilateral regime to restrict trans-
fers of advanced conventional and unconventional arms to the 
Middle East and Persian Gulf region. 
SEC. 404. REPORTS TO THE CONGRESS. 
President. 
(a) QUARTERLY REPORTS.—Beginning on January 15, 1992, and 
quarterly thereafter through October 15, 1993, the President shall 
submit to the relevant congressional committees a report— 
(1) describing the progress in implementing the purposes of 
the multilateral arms transfer and control regime as described 
in section 402(b); and 
(2) describing efforts by the United States and progress made 
to induce other countries to curtail significantly the volume of 
their arms sales to the Middle East and Persian Gulf region, 
and if such efforts were not made, the justification for not 
making such efforts. 
(b) INITIAL REPORT ON TRANSFERS AND REGIONAL MIUTARY BAL-
ANCE.—Not later than 60 days after the date of enactment of the 
International Cooperation Act of 1991 or the Foreign Relations 
Authorization Act, Fiscal Years 1992 and 1993, whichever is enacted 
first, the President shall submit to the relevant congressional 
committee a report— 
(1) documenting all transfers of conventional and unconven-
tional arms by any nation to the Middle East and Persian Gulf 
region over the previous calendar year and the previous 5 
calendar years, including sources, types, and recipient nations 
of weapons; 
(2) analyzing the current military balance in the region, 
including the effect on the balance of transfers documented 
under paragraph (1); 
(3) describing the progress in implementing the purposes of 
the multilateral arms transfer and control regime as described 
in section 4020?); 
(4) describing any agreements establishing such a regime; and 
105 STAT. 722 
PUBLIC LAW 102-138—OCT. 28, 1991 
(5) identifying supplier nations that have refused to partici-
pate in such a regime or that have engaged in conduct that 
violates or undermines such a regime. 
(c) ANNUAL REPORTS ON TRANSFERS AND REGIONAL MILITARY BAL-
ANCE.—Beginning July 15, 1992, and every 12 months thereafter, 
the President shall submit to the relevant congressional committees 
a report— 
(1) documenting all transfers of conventional and unconven-
tional arms by any nation to the Middle East and Persian Gulf 
region over the previous calendar year, including sources, types, 
and recipient nations of weapons; 
(2) analyzing the current military balance in the region, 
including the effect on the balance of transfer documented 
under paragraph (1); 
(3) describing the progress in implementing the purposes of 
the multilateral arms transfer and control regime as described 
in section 402(b); and 
(4) identifying supplier nations that have refused to partici-
pate in such a regime or that have engaged in conduct that 
violates or undermines such a regime. 
SEC. 405. RELEVANT CONGRESSIONAL COMMITTEES DEFINED. 
As used in this title, the term "relevant congressional commit-
tees" means the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate. 
BS^"" 
TITLE V—CHEMICAL AND BIOLOGICAL 
SSLd 
WEAPONS CONTROL 
Warfare 
on™9T*^°" ^'^^ 
SEC. 501. SHORT TITLE. 
22 use 5601 
This title may be cited as the "Chemical and Biological Weapons 
"°*« 
Control and Warfare Elimination Act of 1991". 
22 use 5601. 
SEC. 502. PURPOSES. 
The purposes of title are— 
(1) to mandate United States sanctions, and to encourage 
international sanctions, against countries that use chemical or 
biological weapons in violation of international law or use lethal 
chemical or biological weapons against their own nationals, and 
to impose sanctions against companies that aid in the prolifera-
tion of chemical and biological weapons; 
(2) to support multilaterally coordinated efforts to control the 
proliferation of chemical and biological weapons; 
(3) to urge continued close cooperation with the Australia 
Group and cooperation with other supplier nations to devise 
ever more effective controls on the transfer of materials, equip-
ment, and technology applicable to chemical or biological weap-
ons production; and 
(4) to require Presidential reports on efforts that threaten 
United States interests or regional stability by Iran, Iraq, Syria, 
Libya, and others to acquire the materials and technology to 
develop, produce, stockpile, deliver, transfer, or use chemical or 
biological weapons. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 723 
SEC. 503. MULTILATERAL EFFORTS. 
22 USC 5602. 
(a) MULTILATERAL CONTROLS ON PROLIFERATION.—It is the policy of 
the United States to seek multilaterally coordinated efforts with 
other countries to control the proliferation of chemical and bio-
logical weapons. In furtherance of this policy, the United States 
shall— 
(1) promote agreements banning the transfer of missiles suit-
able for armament with chemical or biological warheads; 
(2) set as a top priority the early conclusion of a comprehen-
sive global agreement banning the use, development, produc-
tion, and stockpiling of chemical weapons; 
(3) seek and support effective international means of monitor-
ing and reporting regularly on commerce in equipment, mate-
rials, and technology applicable to the attainment of a chemical 
or biological weapons capability; and 
(4) pursue and give full support to multilateral sanctions 
pursuant to United Nations Security Council Resolution 620, 
which declared the intention of the Security Council to give 
immediate consideration to imposing "appropriate and effec-
tive" sanctions against any country which uses chemical weap-
ons in violation of international law. 
03) MULTILATERAL CONTROLS ON CHEMICAL AGENTS, PRECURSORS, 
AND EQUIPMENT.—It is also the policy of the United States to 
strengthen efforts to control chemical agents, precursors, and equip-
ment by taking all appropriate multilateral diplomatic measures— 
(1) to continue to seek a verifiable global ban on chemical 
weapons at the 40 nation Conference on Disarmament in 
Geneva; 
(2) to support the Australia Group's objective to support the 
norms and restraints against the spread and the use of chemical 
warfare, to advance the negotiation of a comprehensive ban on 
chemical warfare by taking appropriate measures, and to pro-
tect the Australia Group's domestic industries against inadvert-
ent association with supply of feedstock chemical equipment 
that could be misused to produce chemical weapons; 
(3) to implement paragraph (2) by proposing steps complemen-
tary to, and not mutually exclusive of, existing multilateral 
efforts seeking a verifiable ban on chemical weapons, such as 
the establishment o
f
— 
(A) a harmonized list of export control rules and regula-
tions to prevent relative commercial advantage and dis-
advantages accruing to Australia Group members, 
(B) liaison officers to the Australia Group's coordinating 
entity from within the diplomatic missions, 
(C) a close working relationship between the Australia 
Group and industry, 
(D) a public unclassified warning list of controlled chemi-
cal agents, precursors, and equipment, 
(E) 
information-exchange 
channels 
of 
suspected 
proliferants, 
(F) a "denial" list of firms and individuals who violate the 
Australia Group's export control provisions, and 
(G) broader cooperation between the Australia Group and 
other countries whose political commitment to stem the 
proliferation of chemical weapons is similar to that of the 
Australia Group; and 
105 STAT. 724 
PUBLIC LAW 102-138—OCT. 28, 1991 
(4) to adopt the imposition of stricter controls on the export of 
chemical agents, precursors, and equipment and to adopt 
tougher multilateral sanctions against firms and individuals 
who violate these controls or against countries that use chemi-
cal weapons. 
22 use 5603. 
SEC. 504. UNITED STATES EXPORT CONTROLS. 
President. 
(a) IN GENERAL.—The President shall— 
(1) use the authorities of the Arms Export Control Act to 
control the export of those defense articles and defense services, 
and 
(2) use the authorities of the Export Administration Act of 
1979 to control the export of those goods and technology, 
that the President determines would assist the government of any 
foreign country in acquiring the capability to develop, produce, 
stockpile, deliver, or use chemical or biological weapons. 
(b) EXPORT ADMINISTRATION ACT.—Section 6 of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405) is amended— 
(1) by redesignating subsections (m) through (r) as subsections 
(n) through (s), respectively; and 
(2) by inserting after subsection (1) the following: 
"(m) CHEMICAL AND BIOLOGICAL WEAPONS.— 
"(1) ESTABLISHMENT OF LIST.—The Secretary, in consultation 
with the Secretary of State, the Secretary of Defense, and the 
heads of other appropriate departments and agencies, shall 
establish and maintain, as part of the list maintained under this 
section, a list of goods and technology that would directly and 
substantially assist a foreign government or group in acquiring 
the capability to develop, produce, stockpile, or deliver chemical 
or biological weapons, the licensing of which would be effective 
in barring acquisition or enhancement of such capability. 
"(2) REQUIREMENT FOR VALIDATED LICENSES.—The Secretary 
shall require a validated license for any export of goods or 
technology on the list established under paragraph (1) to any 
country of concern. 
"(3) COUNTRIES OF CONCERN.—For purposes of paragraph (2), 
the term 'country of concern' means any country other than— 
"(A) a country with whose government the United States 
has entered into a bilateral or multilateral arrangement for 
the control of goods or technology on the list established 
under paragraph (1); and 
"(B) such other countries as the Secretary of State, in 
consultation with the Secretary and the Secretary of De-
fense, shall designate consistent with the purposes of the 
Chemical and Biological Weapons Control and Warfare 
Elimination Act of 1991.". 
President. 
SEC. 505. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. 
(a) AMENDMENT TO EXPORT ADMINISTRATION ACT.—The Export 
Administration Act of 1979 is amended by inserting after section 
IIB the following: 
50 u s e app. 
2410c. 
CHEMICAL AND BIOLOGICAL WEAPONS PROLIFERATION SANCTIONS 
"SEC. l i e . (a) IMPOSITION OF SANCTION.— 
"(1) DETERMINATION BY THE PRESIDENT.—Except as provided in 
subsection (b)(2), the President shall impose the sanction de-
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 725 
scribed in subsection (c) if the President determines that a 
foreign person, on or after the date of the enactment of this 
section, has knowingly and materially contributed— 
"(A) through the export from the United States of any 
goods or technology that are subject to the jurisdiction of 
the United States under this Act, or 
"(B) through the export from any other country of any 
goods or technology that would be, if they were United 
States goods or technology, subject to the jurisdiction of the 
United States under this Act, 
to the efforts by any foreign country, project, or entity described 
in paragraph (2) to use, develop, produce, stockpile, or otherwise 
acquire chemical or biological weapons. 
"(2) 
COUNTRIES, PROJECTS, OR ENTITIES RECEIVING ASSIST-
ANCE.—Paragraph (1) applies in the case o
f
— 
"(A) any foreign country that the President determines 
has, at any time after January 1, 1980— 
"(i) used chemical or biological weapons in violation 
of international law; 
"(ii) used lethal chemical or biological weapons 
against its own nationals; or 
"(iii) made substantial preparations to engage in the 
activities described in clause (i) or (ii); 
"(B) any foreign country whose government is deter-
mined for purposes of section 6(j) of this Act to be a govern-
ment that has repeatedly provided support for acts of 
international terrorism; or 
"(C) any other foreign country, project, or entity des-
ignated by the President for purposes of this section. 
"(3) PERSONS AGAINST WHOM SANCTION IS TO BE IMPOSED.—A 
sanction shall be imposed pursuant to paragraph (1) on— 
"(A) the foreign person with respect to which the Presi-
dent makes the determination described in that paragraph; 
"(B) any successor entity to that foreign person; 
"(C) any foreign person that is a parent or subsidiary of 
that foreign person if that parent or subsidiary knowingly 
assisted in the activities which were the basis of that 
determination; and 
"(D) any foreign person that is an affiliate of that foreign 
person if that affiliate knowingly assisted in the activities 
which were the basis of that determination and if that 
affiliate is controlled in fact by that foreign person. 
"(b) CONSULTATIONS WITH AND ACTIONS BY FOREIGN GOVERNMENT 
OF JURISDICTION.— 
"(1) CONSULTATIONS.—If the President makes the determina-
tion described in subsection (a)(1) with respect to a foreign 
person, the Congress urges the President to initiate consulta-
tions immediately with the government with primary jurisdic-
tion over that foreign person with respect to the imposition of a 
sanction pursuant to this section. 
"(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—In order to 
pursue such consultations with that government, the President 
may delay the imposition of a sanction pursuant to this section 
for a period of up to 90 days. Following these consultations, the 
President shall impose the sanction unless the President deter-
mines and certifies to the Congress that that government has 
taken specific and effective actions, including appropriate pen-
105 STAT. 726 
PUBLIC LAW 102-138—OCT. 28, 1991 
allies, to terminate the involvement of the foreign person in the 
activities described in subsection (a)(1). The President may delay 
the imposition of the sanction for an additional period of up to 
90 days if the President determines and certifies to the Congress 
that that government is in the process of taking the actions 
described in the preceding sentence. 
"(3) REPORT TO CONGRESS.—The President shall report to the 
Congress, not later than 90 days after making a determination 
under subsection (a)(1), on the status of consultations with the 
appropriate government under this subsection, and the basis for 
any determination under paragraph (2) of this subsection that 
such government has taken specific corrective actions. 
"(c) SANCTION.— 
"(1) DESCRIPTION OF SANCTION.—The sanction to be imposed 
pursuant to subsection (a)(1) is, except as provided in paragraph 
(2) of this subsection, that the United States Government shall 
not procure, or enter into any contract for the procurement of, 
any goods or services from any person described in subsection 
(a)(3). 
"(2) EXCEPTIONS.—The President shall not be required to 
apply or maintain a sanction under this section— 
"(A) in the case of procurement of defense articles or 
defense services— 
"(i) under existing contracts or subcontracts, includ-
ing the exercise of options for production quantities to 
satisfy United States operational military require-
ments; 
"(ii) if the President determines that the person or 
other entity to which the sanction would otherwise be 
applied is a sole source supplier of the defense articles 
or services, that the defense articles or services are 
essential, and that alternative sources are not readily 
or reasonably available; or 
"(iii) if the President determines that such articles or 
services are essential to the national security under 
defense coproduction agreements; 
"(B) to products or services provided under contracts 
entered into before the date on which the President pub-
lishes his intention to impose the sanction; 
"(C) to— 
"(i) spare parts, 
"(ii) component parts, but not finished products, 
essential to United States products or production, or 
"(iii) routine servicing and maintenance of products, 
to the extent that alternative sources are not readily or 
reasonably available; 
"(D) to information and technology essential to United 
States products or production; or 
"(E) to medical or other humanitarian items. 
"(d) TERMINATION OF SANCTION.—A sanction imposed pursuant to 
this section shall apply for a period of at least 12 months following 
the imposition of the sanction and shall cease to apply thereafter 
only if the President determines and certifies to the Congress that 
reliable information indicates that the foreign person with respect 
to which the determination was made under subsection (a)(1) has 
ceased to aid or abet any foreign government, project, or entity in its 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 727 
efforts to acquire chemical or biological weapons capability as de-
scribed in that subsection, 
"(e) WAIVER.— 
"(1) CRITERION FOR WAIVER.—The President may waive the 
application of the sanction imposed on any person pursuant to 
this section, after the end of the 12-month period beginning on 
the date on which the sanction was imposed on that person, if 
the President determines and certifies to the Congress that such 
waiver is important to the national security interests of the 
United States. 
"(2) NOTIFICATION OF AND REPORT TO CONGRESS.—If the Presi-
dent decides to exercise the waiver authority provided in para-
graph (1), the President shall so notify the Congress not less 
than 20 days before the waiver takes effect. Such notification 
shall include a report fully articulating the rationale and cir-
cumstances which led the President to exercise the waiver 
authority. 
"(f) DEFINITION OF FOREIGN PERSON.—For purposes of this section, 
the term 'foreign person' means— 
"(1) an individual who is not a citizen of the United States or 
an alien admitted for permanent residence to the United States; 
or 
"(2) a corporation, partnership, or other entity which is cre-
ated or organized under the laws of a foreign country or which 
has its principal place of business outside the United States.", 
(b) AMENDMENT TO ARMS EXPORT CONTROL ACT.—The Arms 
Export Control Act is amended by inserting after chapter 7 the 
following: 
"CHAPTER 8—CHEMICAL OR BIOLOGICAL WEAPONS 
PROLIFERATION 
"SEC. 81. SANCTIONS AGAINST CERTAIN FOREIGN PERSONS. 
22 USC 2798. 
"(a) IMPOSITION OF SANCTION.— 
"(1) DETERMINATION BY THE PRESIDENT.—Except as provided in 
subsection (b)(2), the President shall impose the sanction de-
scribed in subsection (c) if the President determines that a 
foreign person, on or after the date of the enactment of this 
section, has knowingly and materially contributed— 
"(A) through the export from the United States of any 
goods or technology that are subject to the jurisdiction of 
the United States, 
"(B) through the export from any other country of any 
goods or technology that would be, if they were United 
States goods or technology, subject to the jurisdiction of the 
United States, or 
"(C) through any other transaction not subject to sanc-
tions pursuant to the Export Administration Act of 1979, 
to the efforts by any foreign country, project, or entity described 
in par^raph (2) to use, develop, produce, stockpile, or otherwise 
acquire chemical or biological weapons. 
"(2) 
COUNTRIES, PROJECTS, OR ENTITIES RECEIVING ASSIST-
ANCE.—Paragraph (1) applies in the case o
f
— 
"(A) any foreign country that the President determines 
has, at any time after January 1, 1980— 
105 STAT. 728 
PUBLIC LAW 102-138—OCT. 28, 1991 
"(i) used chemical or biological weapons in violation 
of international law; 
"(ii) used lethal chemical or biological weapons 
against its own nationals; or 
"(iii) made substantial preparations to engage in the 
activities described in clause (i) or (ii); 
"(B) any foreign country whose government is deter-
mined for purposes of section 6(j) of the Export Administra-
,, 
tion Act of 1979 (50 U.S.C. 2405(j)) to be a government that 
h£is repeatedly provided support for acts of international 
,^. 
terrorism; or 
"(C) any other foreign country, project, or entity des-
ignated by the President for purposes of this section. 
"(3) PERSONS AGAINST WHOM SANCTIONS ARE TO BE IMPOSED.— 
A sanction shall be imposed pursuant to paragraph (1) on— 
"(A) the foreign person with respect to which the Presi-
dent makes the determination described in that paragraph; 
"(B) any successor entity to that foreign person; 
"(C) any foreign person that is a parent or subsidiary of 
that foreign person if that parent or subsidiary knowingly 
^ 
assisted in the activities which were the basis of that 
determination; and 
"(D) any foreign person that is an affiliate of that foreign 
person if that affiliate knowingly assisted in the activities 
which were the basis of that determination and if that 
affiliate is controlled in fact by that foreign person. 
"(b) CONSULTATIONS WITH AND ACTIONS BY FOREIGN GOVERNMENT 
OF JURISDICTION.— 
"(1) CONSULTATIONS.—If the President makes the determina-
tion described in subsection (a)(1) with respect to a foreign 
person, the Congress urges the President to initiate consulta-
tions immediately with the government with primary jurisdic-
tion over that foreign person with respect to the imposition of a 
sanction pursuant to this section. 
"(2) ACTIONS BY GOVERNMENT OF JURISDICTION.—In order to 
pursue such consultations with that government, the President 
may delay the imposition of a sanction pursuant to this section 
for a period of up to 90 days. Following these consultations, the 
President shall impose the sanction unless the President deter-
mines and certifies to the Congress that that government has 
taken specific and effective actions, including appropriate pen-
alties, to terminate the involvement of the foreign person in the 
activities described in subsection (a)(1). The President may delay 
the imposition of the sanction for an additional period of up to 
90 days if the President determines and certifies to the Congress 
that that government is in the process of taking the actions 
described in the preceding sentence. 
"(3) REPORT TO CONGRESS.—The President shall report to the 
Congress, not later than 90 days after making a determination 
under subsection (a)(1), on the status of consultations with the 
appropriate government under this subsection, and the basis for 
any determination under paragraph (2) of this subsection that 
such government has taken specific corrective actions. 
"(c) SANCTION.— 
"(1) DESCRIPTION OF SANCTION.—The sanction to be imposed 
pursuant to subsection (aXD is, except as provided in paragraph 
(2) of this subsection, that the United States Government shall 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 729 
not procure, or enter into any contract for the procurement of, 
any goods or services from any person described in subsection 
(aX3). 
"(2) EXCEPTIONS.—The President shall not be required to 
apply or maintain a sanction under this section— 
"(A) in the case of procurement of defense articles or 
defense services— 
"(i) under existing contracts or subcontracts, includ-
ing the exercise of options for production quantities to 
satisfy 
United 
States 
operational 
military 
requirements; 
"(ii) if the President determines that the person or 
other entity to which the sanction would otherwise be 
applied is a sole source supplier of the defense articles 
or services, that the defense articles or services are 
essential, and that alternative sources are not readily 
or reasonably available; or 
"(iii) if the President determines that such articles or 
services are essential to the national security under 
defense coproduction agreements; 
"(B) to products or services provided under contracts 
entered into before the date on which the President pub-
lishes his intention to impose the sanction; 
"(C) to— 
"(i) spare parts, 
"(ii) component parts, but not finished products, 
essential to United States products or production, or 
"(iii) routine servicing and maintenance of products, 
to the extent that alternative sources are not readily or 
reasonably available; 
"(D) to information and technology essential to United 
States products or production; or 
"(E) to medical or other humanitarian items. 
"(d) TERMINATION OF SANCTION.—A sanction imposed pursuant to 
this section shall apply for a period of at least 12 months following 
the imposition of the sanction and shall cease to apply thereafter 
only if the President determines and certifies to the Congress that 
reliable information indicates that the foreign person with respect 
to which the determination was made under subsection (a)(1) has 
ceased to aid or abet any foreign government, project, or entity in its 
efforts to acquire chemical or biological weapons capability as de-
scribed in that subsection. 
"(e) WAIVER.— 
"(1) CRITERION FOR WAIVER.—The President may waive the 
application of a sanction imposed on any person pursuant to 
this section, after the end of the 12-month period beginning on 
the date on which the sanction was imposed on that person, if 
the President determines and certifies to the CJongress that such 
waiver is important to the national security interests of the 
United States. 
"(2) NOTIFICATION OF AND REPORT TO CONGRESS.—If the Presi-
dent decides to exercise the waiver authority provided in para-
graph (1), the President shall so notify the Congress not less 
than 2() days before the waiver takes effect. Such notification 
shall include a report fully articulating the rationale and cir-
cumstances which led the President to exercise the waiver 
authority. 
105 STAT. 730 
PUBLIC LAW 102-138—OCT. 28, 1991 
"(f) DEFINITION OF FOREIGN PERSON.—For purposes of this section, 
the term 'foreign person' means— 
"(1) an individual who is not a citizen of the United States or 
an alien admitted for permanent residence to the United States; 
or 
"(2) a corporation, partnership, or other entity which is cre-
ated or organized under the laws of a foreign country or which 
has its principal place of business outside the United States.". 
President. 
SEC. 506. DETERMINATIONS REGARDING USE OF CHEMICAL OR BIO-
22 u s e 5604. 
LOGICAL WEAPONS. 
(a) DETERMINATION BY THE PRESIDENT.— 
(1) WHEN DETERMINATION REQUIRED; NATURE OF DETERMINA-
TION.—Whenever persuasive information becomes available to 
the executive branch indicating the substantial possibility that, 
on or after the date of the enactment of this Act, the govern-
ment of a foreign country has made substantial preparation to 
use or has used chemical or biological weapons, the President 
shall, within 60 days after the receipt of such information by 
the executive branch, determine whether that government, on 
or after such date of enactment, has used chemical or biological 
weapons in violation of international law or has used lethal 
chemical or biological weapons against its own nationals. Sec-
tion 507 applies if the President determines that that govern-
ment has so used chemical or biological weapons. 
(2) MATTERS TO BE CONSIDERED.—In making the determination 
under paragraph (1), the President shall consider the following: 
(A) All physical and circumstantial evidence available 
bearing on the possible use of such weapons. 
(B) All information provided by alleged victims, wit-
nesses, and independent observers. 
' 
(C) The extent of the availability of the weapons in 
question to the purported user. 
(D) All official and unofficial statements bearing on the 
possible use of such weapons. 
(E) Whether, and to what extent, the government in 
question is willing to honor a request from the Secretary 
General of the United Nations to grant timely access to a 
United Nations fact-finding team to investigate the possibil-
ity of chemical or biological weapons use or to grant such 
access to other legitimate outside parties. 
(3) 
DETERMINATION TO BE REPORTED TO CONGRESS.—Upon 
making a determination under paragraph (1), the President 
.^ 
shall promptly report that determination to the Congress. If the 
determination is that a foreign government had used chemical 
or biological weapons as described in that paragraph, the report 
shall specify the sanctions to be imposed pursuant to section 
507. 
(b) CONGRESSIONAL REQUESTS; REPORT.— 
(1) REQUEST.—The Chairman of the Committee on Foreign 
Relations of the Senate (upon consultation with the ranking 
minority member of such committee) or the Chairman of the 
Committee on Foreign Affairs of the House of Representatives 
(upon consultation with the ranking minority member of such 
committee) may at any time request the President to consider 
whether a particular foreign government, on or after the date of 
the enactment of this Act, has used chemical or biological 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 731 
weapons in violation of international law or has used lethal 
chemical or biological weapons against its own nationals. 
(2) REPORT TO CONGRESS.—Not later than 60 days after receiv-
ing such a request, the President shall provide 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 a written report on the information held by the 
executive branch which is pertinent to the issue of whether the 
specified government, on or after the date of the enactment of 
this Act, has used chemical or biological weapons in violation of 
international law or has used lethal chemical or biological 
weapons against its own nationals. This report shall contain an 
analysis of each of the items enumerated in subsection (a)(2). 
SEC. 507. SANCTIONS AGAINST USE OF CHEMICAL OR BIOLOGICAL President. 
WEAPONS. 
22 use 5605. 
(a) INITIAL SANCTIONS.—If, at any time, the President makes a 
determination pursuant to section 506(a)(1) with respect to the 
government of a foreign country, the President shall forthwith 
impose the following sanctions: 
(1) FOREIGN ASSISTANCE.—The United States Government 
shall terminate assistance to that country under the Foreign 
Assistance Act of 1961, except for urgent humanitarian assist-
ance and food or other agricultural commodities or products. 
(2) ARMS SALES.—The United States Government shall 
terminate— 
(A) sales to that country under the Arms Export Control 
Act of any defense articles, defense services, or design and 
construction services, and 
(B) licenses for the export to that country of any item on 
the United States Munitions List. 
(3) ARMS SALES FINANCING.—The United States Government 
shall terminate all foreign military financing for that country 
under the Arms Export Control Act. 
(4) DENIAL OF UNITED STATES GOVERNMENT CREDIT OR OTHER 
FINANCIAL ASSISTANCE.—The United States Government shall 
deny to that country any credit, credit guarantees, or other 
financial assistance by any department, agency, or instrumen-
tality of the United States Government, including the Export-
Import Bank of the United States. 
(5) EXPORTS OF NATIONAL SECURITY-SENSITIVE GOODS AND TECH-
NOLOGY.—The authorities of section 6 of the Export Administra-
tion Act of 1979 (50 U.S.C. 2405) shall be used to prohibit the 
export to that country of any goods or technology on that part of 
the control list established under section 5(c)(1) of that Act (22 
U.S.C. 2404(c)(1)). 
O
t
)
) ADDITIONAL SANCTIONS IF CERTAIN CONDITIONS NOT MET.— 
(1) PRESIDENTIAL DETERMINATION.—Unless, within 3 months 
after making a determination pursuant to section 506(a)(1) with 
respect to a foreign government, the President determines and 
certifies in writing to the Congress that— 
(A) that government is no longer using chemical or bio-
logical weapons in violation of international law or using 
lethal chemical or biological weapons against its own 
nationals. 
105 STAT. 732 
PUBLIC LAW 102-138—OCT. 28, 1991 
(B) that government has provided rehable assurances 
that it will not in the future engage in any such activities, 
and 
(C) that government is willing to allow on-site inspections 
by United Nations observers or other internationally recog-
nized, impartial observers, or other reliable means exist, to 
ensure that that government is not using chemical or bio-
logical weapons in violation of international law and is not 
using lethal chemical or biological weapons against its own 
nationals, 
then the President, after consultation with the Congress, shall 
impose on that country the sanctions set forth in at least 3 of 
subparagraphs (A) through (E) of paragraph (2). 
(2) SANCTIONS.—The sanctions referred to in paragraph (1) are 
the following: 
(A) MULTILATERAL DEVELOPMENT BANK ASSISTANCE.—The 
United States Government shall oppose, in accordance with 
section 701 of the International Financial Institutions Act 
(22 U.S.C. 262d), the extension of any loan or financial or 
technical assistance to that country by international finan-
cial institutions. 
(B) BANK LOANS.—The United States Government shall 
prohibit any United States bank from making any loan or 
providing any credit to the government of that country, 
except for loans or credits for the purpose of purchasing 
food or other agricultural commodities or products. 
(C) FURTHER EXPORT RESTRICTIONS.—The authorities of 
section 6 of the Export Administration Act of 1979 shall be 
used to prohibit exports to that country of all goods and 
technology not otherwise prohibited under subsection (a)(5) 
ir. 
(excluding food and other agricultural commodities and 
products). 
(D) DIPLOMATIC RELATIONS.—The President shall use his 
constitutional authorities to downgrade or suspend diplo-
matic relations between the United States and the govern-
ment of that country. 
(E) PRESIDENTIAL ACTION REGARDING AVIATION.—(i)(I) The 
President is authorized to notify the government of a coun-
try with respect to which the President has made a deter-
mination pursuant to section 506(a)(1) of his intention to 
suspend the authority of foreign air carriers owned or 
controlled by the government of that country to engage in 
foreign air transportation to or from the United States. 
(II) Within 10 days after the date of notification of a 
government under subclause (I), the Secretary of Transpor-
tation shall take all steps necessary to suspend at the 
earliest possible date the authority of any foreign air car-
rier owned or controlled, directly or indirectly, by that 
government to engage in foreign air transportation to or 
from the United States, notwithstanding any agreement 
relating to air services. 
(ii)(I) The President may direct the Secretary of State to 
terminate any air service agreement between the United 
States and a country with respect to which the President 
has made a determination pursuant to section 506(a)(1), in 
accordance with the provisions of that agreement. 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 733 
(II) Upon termination of an agreement under this clause, 
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, di-
rectly or indirectly, by the government of that country to 
engage in foreign air transportation to or from the United 
States. 
(iii) The Secretary of Transportation may provide for 
such exceptions from clauses (i) and (ii) as the Secretary 
considers necessary to provide for emergencies in which the 
safety of an aircraft or its crew or passengers is threatened. 
(iv) For purposes of this subparagraph, the terms "air 
transportation", "air carrier", "foreign air carrier", and 
"foreign air transportation" have the meanings such terms 
have under section 101 of the Federal Aviation Act of 1958 
(49 U.S.C. App. 1301). 
(c) REMOVAL OF SANCTIONS.—The President shall remove the sanc-
tions imposed with respect to a country pursuant to this section if 
the President determines and so certifies to the Congress, after the 
end of the 12-month period beginning on the date on which sanc-
tions were initially imposed on that country pursuant to subsection 
(a), that— 
(1) the government of that country has provided reliable 
assurances that it will not use chemical or biological weapons in 
violation of international law and will not use lethal chemical 
or biological weapons against its own nationals; 
(2) that government is not making preparations to use chemi- 
, 
cal or biological weapons in violation of international law or to 
use lethal chemical or biological weapons against its own 
nationals; 
(3) that government is willing to allow on-site inspections by 
United Nations observers or other internationally recognized, 
impartial observers to verify that it is not making preparations 
to use chemical or biological weapons in violation of inter-
national law or to use lethal chemical or biological weapons 
against its own nationals, or other reliable means exist to verify 
that it is not making such preparations; and 
(4) that government is making restitution to those affected by 
any use of chemical or biological weapons in violation of inter-
national law or by any use of lethal chemical or biological 
weapons against its own nationals. 
(d) WAIVER.— 
(1) CRITERIA FOR WAIVER.—The President may waive the ap-
plication of any sanction imposed with respect to a country 
pursuant to this section— 
(A) if the President determines and certifies to the Con-
gress that such waiver is essential to the national security 
interests of the United States, and if the President notifies 
the Committee on Foreign Relations of the Senate and the 
Committee on Foreign Affairs of the House of Representa-
tives of his determination and certification at least 15 days 
before the waiver takes effect, in accordance with the proce-
dures applicable to reprogramming notifications under sec-
tion 634A of the Foreign Assistance Act of 1961, except that 
such procedures shall not apply to a waiver of the sanction 
specified in subsection (b)(2)(D) (relating to the downgrading 
or suspension of diplomatic relations); or 
105 STAT. 734 
PUBLIC LAW 102-138—OCT. 28, 1991 
(B) if the President determines and certifies to the Con-
gress that there has been a fundamental change in the 
leadership and policies of the government of that country, 
! 
and if the President notifies the Congress at least 20 days 
before the waiver takes effect. 
(2) REPORT.—In the event that the President decides to exer-
cise the waiver authority provided in paragraph (1) with respect 
to a country, the President's notification to the Congress under 
such paragraph shall include a report fully articulating the 
rationale and circumstances which led the President to exercise 
that waiver authority, including a description of the steps which 
the government of that country has taken to satisfy the condi-
tions set forth in paragraphs (1) through (4) of subsection (c). 
(e) CONTRACT SANCTITY.— 
(1) SANCTIONS NOT APPLIED TO EXISTING CONTRACTS.—(A) A 
sanction described in paragraph (4) or (5) of subsection (a) or in 
any of subparagraphs (A) through (C) of subsection (b)(2) shall 
not apply to any activity pursuant to any contract or 
international agreement entered into before the date of the 
presidential determination under section 506(a)(1) unless the 
President determines, on a case-by-case basis, that to apply such 
sanction to that activity would prevent the performance of a 
contract or agreement that would have the effect of assisting a 
country in using chemical or biological weapons in violation of 
international law or in using lethal chemical or biological weap-
ons against its own nationals. 
(B) The same restrictions of subsection (p) of section 6 of the 
Export Administration Act of 1979 (50 U.S.C. App. 2405), as that 
subsection is so redesignated by section 504(b) of this Act, which 
are applicable to exports prohibited under section 6 of that Act 
shall apply to exports prohibited under subsection (a)(5) or 
03)(2)(C) of this section. For purposes of this subparagraph, any 
contract or agreement the performance of which (as determined 
by the President) would have the effect of assisting a foreign 
government in using chemical or biological weapons in violation 
of international law or in using lethal chemical or biological 
weapons against its own nationals shall be treated as constitut-
ing a breach of the peace that poses a serious and direct threat 
to the strategic interest of the United States, within the mean-
ing of subparagraph (A) of section 6(p) of that Act. 
(2) SANCTIONS APPLIED TO EXISTING CONTRACTS.—The sanctions 
described in paragraphs (1), (2), and (3) of subsection (a) shall 
apply to contracts, agreements, and licenses without regard to 
the date the contract or agreement was entered into or the 
license was issued (as the case may be), except that such sanc-
tions shall not apply to any contract or agreement entered into 
or license issued before the date of the presidential determina-
tion under section 506(a)(1) if the President determines that the 
application of such sanction would be detrimental to the na-
tional security interests of the United States. 
22 u s e 5606. 
SEC. 508. PRESIDENTIAL REPORTING REQUIREMENTS. 
(a) REPORTS TO CONGRESS.—Not later than 90 days after the date of 
the enactment of this Act, and every 12 months thereafter, the 
President shall transmit to the Congress a report which shall 
include— 
PUBLIC LAW 102-138—OCT. 28, 1991 
105 STAT. 735 
(1) a description of the actions taken to carry out this title, 
including the amendments made by this title; 
(2) a description of the current efforts of foreign countries and 
subnational groups to acquire equipment, materials, or tech-
nology to develop, produce, or use chemical or biological weap-
ons, together with an assessment of the current and likely 
future capabilities of such countries and groups to develop, 
produce, stockpile, deliver, transfer, or use such weapons; 
(3) a description of— 
(A) the use of chemical weapons by foreign countries in 
violation of international law, 
(B) the use of chemical weapons by subnational groups, 
(C) substantial preparations by foreign countries and 
subnational groups to do so, and 
(D) the development, production, stockpiling, or use of 
biological weapons by foreign countries and subnational 
groups; and 
(4) a description of the extent to which foreign persons or 
governments have knowingly and materigJly assisted third 
countries or subnational groups to acquire equipment, material, 
or technology intended to develop, produce, or use chemical or 
biological weapons. 
(b) PROTECTION OF CLASSIFIED INFORMATION.—To the extent prac-
ticable, reports submitted under subsection (a) or any other provi-
sion of this title should be based on unclassified information. 
Portions of such reports may be clsissified. 
Approved October 28, 1991. 
LEGISLATIVE HISTORY—H.R. 1415 (S. 1433): 
HOUSE REPORTS: Nos. 102-53 (Comm. on Foreign Affairs) and 102-238 (Comm. of 
COTIIGVGYICG) 
SENATE REPORTS: No. 102-98 accompanying S. 1433 (Comm. on Foreign Relations). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
May 14, 15, considered and passed House. 
July 29, considered and passed Senate, amended, in lieu of S. 1433. 
Oct. 4, Senate agreed to conference report. 
Oct. 8, House agreed to conference report.