Volume 86 · 490
Public Law 92–352
To provide authorizations certain agencies conduct lug the foreign relations of the United States, and for other purposes.
Approved July 13, 1972
Statutory text
AN ACT
To provide authorizations certain agencies conduct lug the foreign relations of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may
Foreign Relations Authorization Act of 1972.
be cited as the “Foreign Relations Authorization Act of 1972”.
TITLE I— DEPARTMENT OF STATE
Sec. 101. authorization of appropriations
There are authorized to be appropriated for the 1 Apartment of State for fiscal year 1973, to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, and other purposes authorized by law, the following amounts:
for the “Administration of Foreign Affairs”, $289,453,000;
for “International Organizations and Conferences”, $188263,000;
for “International Commissions”, $18,226,000;
for “Educational Exchange”, $59,200,000; and
for “Migration and Refugee Assistance”, $8,212,000.
The Secretary of State is authorized to furnish, on terms and
Russian refugee assistance.
conditions he considers appropriate, assistance to Israel or another suitable country, including assistance for the resettlement in Israel or such country of Jewish or other similar refugees from the Union of Soviet Socialist Republics. There are authorized to be appropriated to the Secretary not to exceed $85,000,000 to carry out the provisions of this subsection.
Appropriations made under subsection (a) of this section are authorized to remain available until expended.
Sec. 102. limitation upon prior authorization requirement
Section 15(a) of the Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956, as amended by section 407 of the Foreign Assistance Act of 1971
Ante, p, 35.
(22 U.S.C. 2680), is amended by adding at the end thereof the following new sentence: “The provisions of this subsection shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the Department as authorized by law.”.
Sec. 103. deputy secretary of state and under secretary of state
The first section of the Act of May 26, 1949, as amended (22 U.S.C. 2652), is amended to read as follows: “That there shill] be in the Department of State, in addition to the Secretary of State, a Deputy Secretary of State, an Under Secretary of State for Political Affairs, an Under Secretary of State for Economic Affairs, a Deputy Under Secretary of State, and eleven Assistant Secretaries of State.”
Section 2(b) of the Act of May 26, 1949, as amended (22 U.S.C. 2652), is repealed.
The duties of the Under Secretary of State are transferred to the Deputy Secretary of State. The individual holding, on the date of enactment of this Act, the office of the Under Secretary of State may assume the duties of the Deputy Secretary of State. The individual assuming such duties shall not be required to be reappointed by reason of the enactment of this section.
The provisions of subsection (a) of this section are effective July 1, 1972.
Sec. 104. executive schedule pay rates
Chapter 53 of title 5, United States Code, is amended as follows:
Section 5313(2) is amended to read as follows:
“(2) Deputy Secretary of State.”
Section 5314(9) is amended by striking out “or” before “Under Secretary of State for Economic Affairs” and inserting in lieu thereof “and”.
Section 5315(10) is amended to read as follows:
“(10) Deputy Under Secretary of State.”
Sec. 105. retirement annuities for certain aliens
Section 8331(1) of title 5. United States Code, is amended—
by striking out “and” at the end of subparagraph (H);
by adding “and ’ at the end of subparagraph (I); and
by inserting, immediately below subparagraph (I), the following new subparagraph:
“(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government for the purpose of protecting or furthering the interests of the United States during an interruption of diplomatic or consular relations, and (iii) for whose services reimbursement is made to the foreign government by the United States;”.
Subsection (a) of this section shall become effective on the first
Effective date.
day of the second month which begins after its enactment.
The amendments made by such subsection (a) shall not apply
Savings provision.
in the cases of persons retired or otherwise separated prior to the effective date established under subsection (b) of this section, and the rights of such persons and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.
Sec. 106. military personnel and civilian employees’ claims act of 1964
Section 3(b)(1) of the Military Personnel and Civilian Employees’ Claims Act of 1964, as amended (31 U.S.C. 241 (b)(1)), is
amended to read as follows:
“(b) (1) Subject to any policies the President may prescribe to effectuate the purposes of this subsection and—
“(A) under regulations the head of an agency (other than a military department, the Secretary of the Treasury with respect to the Coast Guard, the Department of Defense, or an agency or office referred to in subparagraph (B) of this paragraph) may prescribe for his agency or, in the case of ACTION, all of that part of ACTION other than the office referred to in such subparagraph, part thereof, he or his designee may settle and pay a claim arising after August 31, 1964, against the United States for not more than $6,500 made by a member of the uniformed services under the jurisdiction of that agency or by a civilian officer or employee of that agency or part thereof, for damage to, or loss of, personal property incident to his service; and
“(B) under regulations the Secretary of State, the Administrator for the Agency for International Development, the Director of the United States Information Agency, the Director of the United States Arms Control and Disarmament. Agency, the Director of ACTION with respect to the office of ACTION engaged primarily in carrying out the Peace Corps Act, and the Board of Directors of the Overseas Private Investment Corporation, may prescribe for their agencies or, in the case of ACTION, for such office, he or his designee may settle and pay a claim arising after August 31, 1964, against the United States for not more than $10,000 made by a civilian officer or employee of such agency or office for damage to, or loss of personal property incident to his service.
If the claim is substantiated and the possession of that property is determined to be reasonable, useful, or proper under the circumstances, the claim may be paid or the property replaced in kind. This subsection does not apply to claims settled before August 31, 1954.”
Subsection (a) of this section is effective August 31, 1964. Notwithstanding section 4 of the Military Personnel and Civilian
Employees’ Claims Act of 1964, or any other provision of law, a claim heretofore settled in the amount of $6,500 solely by reason of the maximum limitation established by section 3(b)(1) of such Act, may, upon written request of the claimant made within one year from the date of enactment of this Act, be reconsidered and settled under that section, as amended by subsection (a) of this section.
Sec. 107. ambassadors and ministers
Section 501 of the Foreign Service Act of 1946 (22 U.S.C.
901) is amended by adding at the end thereof the following new subsection:
“(c) On and after the date of enactment of the Foreign Relations Authorization Act of 1972, no person shall be designated as ambassador or minister, or be designated to serve in any position with the title of ambassador or minister, unless that person is appointed as an ambassador or minister in accordance with subsection (a) of this
USC prec. title 1.
section or clause 3, section 2, of article II of the Constitution, relating to recess appointments, except that the personal rank of ambassador or minister may be conferred by the President in connection with special missions for the President of an essentially limited and temporary nature of not exceeding six months.”
TITLE II— UNITED STATES INFORMATION AGENCY
Sec. 201. authorization of appropriations
There are authorized to be appropriated for the United States Information Agency for fiscal year 1973, to carry out international informational activities and programs under the United States
Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural Exchange Act of 1961, and Reorganization Plan Numbered 8 of 1953, and other purposes authorized by law, the following amounts:
$194,213,000 for “Salaries and expenses” and “Salaries and expenses (special foreign currency program)”, except that so much of such amount as may be appropriated for “Salaries and expenses (special foreign currency program)” may be appropriated without fiscal year limitation;
$5,036,000 for “Special international exhibitions” and “Special international exhibitions (special foreign currency program)”, which amount may be appropriated without fiscal year limitation; and
$1,000,000 for “Acquisition and construction of radio facilities”, which amount may be appropriated without fiscal year limitation.
Sec. 202. providing certain basic authorities
Title VIII of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1471) is amended by adding
at the end thereof the following new sections:
“Sec. 804. “basic authority
“(1) employ, without regard to the civil service and classification
Employment of aliens.
laws, aliens abroad for service in the United States relating to the translation or narration of colloquial speech in foreign languages when suitable qualified United States citizens are not available (such aliens to be investigated for such employment in accordance with procedures established by the Secretary or such agency and the Attorney General), and such persons may be admitted to the United States, if otherwise qualified, as non-immigrants under
section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) for such time and under such conditions and procedures as may be established by the Secretary and the Attorney General;
“(2) pay travel expenses of aliens employed abroad for service in the United States and their dependents to and from the United States;
“(3) incur expenses for entertainment within the United States within such amounts as may be provided in appropriations Acts;
“(4) obtain insurance on official motor vehicles operated by the Secretary or such agency in foreign countries, and pay the expenses incident thereto;
“(5) notwithstanding the provisions of section 2680(h) of title 28. United States Code, pay tort claims in the manner authorized
in the first paragraph of section 2672 of such title, when such claims arise in foreign countries in connection with operations conducted abroad under this Act;
“(6) employ aliens by contract for services abroad;
“(7) provide ice and drinking water abroad;
“(8) pay excise taxes on negotiable instruments abroad;
“(9) pay the actual expenses of preparing and transporting to their former homes the remains or persons, not United States Government, employees, who may die away from their homes while participating in activities conducted under this Act;
“(10) rent or lease, for periods not exceeding five years, offices, buildings, grounds, and living quarters abroad for employees carrying out this Act, and make payments therefor in advance;
“(11) maintain, improve, and repair properties used for information activities in foreign countries;
“(12) furnish fuel and utilities for Government-owned or leased property abroad; and
“(13) pay travel expenses of employees attending official international conferences, without regard to sections 5701–5708 of title
5, United States Code, and regulations issued thereunder, but at rates not in excess of comparable allowances approved for such conferences by the Secretary.
“Sec. 805. “travel expenses
Appropriated funds made available for any fiscal year to the Secretary or any Government agency, to carry out the provisions of this Act, for expenses in connection with travel of personnel outside the continental United States, including travel of dependents and transportation of personal effects, household goods, or automobiles of such personnel, shall be available for all such expenses in connection with travel or transportation which begins in that fiscal year pursuant to travel orders issued in that year, notwithstanding the fact that such travel or transportation may not be completed until the following fiscal year.”
Sec. 203. limitation upon prior authorization requirement
Section 701 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1476) is amended by adding at the end thereof the following new sentence: “The provisions of this section shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the Secretary or such agency as authorized by law.”
Sec. 204. dissemination of information within united states
The second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows: “Any such information (other than “Problems of Communism” which may continue to be sold by the Government Printing Office) shall not be disseminated within the United States, its territories, or possessions, but, on request, shall be available in the English language at the Department of State, at all reasonable times following its release as information abroad, for examination only by representatives of United States press associations, newspapers, magazines, radio systems, and stations, and by research students and scholars, and, on request, shall be made available for examination only to Members of Congress.”
TITLE III— UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY
Sec. 301. authorization of appropriations
The second sentence of section 49(a) of the Arms Control and Disarmament Act (22 U.S.C. 2589(a)) is amended by inserting immediately after “$17,500,000”, the following: “, and for the two fiscal years 1973 and 1974, the sum of $22,000,000,”.
Sec. 302. report to congress
The Ignited States Arms Control and Disarmament Agency, with the cooperation and assistance of other relevant Government agencies including the Department of State and the Department of Defense, shall prepare and submit to the Congress a comprehensive report on the international transfer of conventional arms based upon existing and new work in this area. The report shall include (but not be limited to) the following subjects:
the quantity and nature of the international transfer of conventional arms, including the identification of the major supplying and recipient countries;
the policies of the major exporters of conventional arms toward transfer, including the terms on which conventional arms are made available for transfer, whether by credit, grant, or cash-and-carry basis;
the effects of conventional arms transfer on international stability and regional balances of power;
the impact of conventional arms transfer on the economies of supplying and recipient countries;
the history of any negotiations on conventional arms transfer, including past policies adopted by the United States and other suppliers of conventional arms;
the major obstacles to negotiations on conventional arms transfer;
the possibilities for limiting conventional arms transfer, including potentialities for international agreements, step-by-step Approaches on particular weapons systems, and regional arms limitations; and
recommendations for future United States policy on conventional arms transfer.
The report required by subsection (a) shall be submitted to the Congress not later than one year after the date of the enactment of this Act, and an interim report shall be submitted to the Congress not later than six months after such date.
TITLE IV— PEACE CORPS
Sec. 401. authorization of appropriations
The first phrase of section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)), ending with a colon, is amended to read as
follows: “There are authorized to be appropriated to the President for the fiscal year 1973 not to exceed $88,027,000 to carry out the purposes of this Act:”.
Sec. 402. voluntary service programs
Paragraph (2) of subsection (b) of section 301 of the Peace Corps Act (22 U.S.C. 2501a), which relates to encouragement
of voluntary service programs, is amended by striking out “$300,000” and inserting in lieu thereof “$350,000”, by striking out “1971”, and by inserting before the word “fiscal” the word “any”.
Sec. 403. national advisory council
Section 12 of the Peace Corps Act (22 U.S.C. 2511) is
Repeal, effective date.
repealed, and the Peace Corps National Advisory Council is abolished, effective ninety days after the date of enactment of this Act.
TITLE V— GENERAL AND MISCELLANEOUS PROVISIONS
Sec. 501. certain additional authorizations of appropriations
In addition to amounts authorized by sections 101 (a) and (b) and 201 of this Act, there are authorized to be appropriated for the Department of State and the United States Information Agency for fiscal year 1973 such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law, or other nondiscretionary costs.
Sec. 502. expression of individual views to congress
Upon the request of a committee of either House of Congress, a joint committee of Congress, or a member of such committee, any officer appointed by the President, by and with the advice and consent of the Senate, to a position in the Department of State, the United States Information Agency, the Agency for International Development, the United States Arms Control and Disarmament Agency, or any other department, agency, or independent establishment of the United States Government primarily concerned with matters relating to foreign countries or multilateral organizations, may express his views and opinions, and make recommendations he considers appropriate, if the request of the committee or member of the committee relates to a subject which is within the jurisdiction of that committee.
Sec. 503. international narcotics control
Chapter 8 of part I of the Foreign Assistance Act of 1961, relating to international narcotics control, is amended by striking out section 481 and inserting in lieu thereof the following new sections:
“Sec. 481. International Narcotics Control.—
It is the sense of the Congress that effective international cooperation is necessary to put an end to the illicit production, smuggling, trafficking in, and abuse of dangerous drugs. In order to promote such cooperation, the President is authorized to conclude agreements with other countries to facilitate control of the production, processing, transportation, and distribution of narcotic analgesics, including opium and its derivatives, other narcotic drugs and psychotropics, and other controlled substances as defined in the Comprehensive Drug Abuse Prevention and
Control Act of 1970. Notwithstanding any other provision of law, the President is authorized to furnish assistance to any country or international organization, on such terms and conditions as he may determine, for the control of the production of, processing of smuggling of, and traffic in, narcotic and psychotropic drugs. The President shall suspend economic and military assistance furnished under this or any other Act, and shall suspend sales under the Foreign Military Sales
Act and under title I of the Agricultural Trade Development and Assistance Act of 1954, with respect to any country when the President determines that the government of such country has failed to take adequate steps to prevent narcotic drugs and other controlled substances (as defined by the Comprehensive Drug Abuse Prevention and Control Act of 1970) produced or processed, in whole or in part, in such country, or transported through such country, from being sold illegally within the jurisdiction of such country to United States Government personnel or their dependents, or from entering the United States unlawfully. Such suspension shall continue until the President determines that the government of such country has taken adequate steps to carry out the purposes of this chapter.
“Sec. 482. Authorization..—
To carry out the purposes of section 481, there are authorized to be appropriated to the President
Ante p. 496.
$42,500,000 for the fiscal year 1973, which amount is authorized to remain available until expended.”
TITLE VI— STUDY COMMISSION RELATING TO FOREIGN POLICY
Sec. 601. findings and purpose
It is the purpose of this title to establish a study commission which will submit findings and recommendations to provide a more effective system for the formulation and implementation of the Nation’s foreign policy.
Sec. 602. commission on the organization of the government for the conduct of foreign policy
To carry out the purpose of section 601 of this Act,
Establishment
there is established a Commission on the Organization of the Government for the Conduct of Foreign Policy (hereafter referred to in this title as the “Commission”).
The Commission shall be composed of the following twelve members:
four members appointed by the President, two from the executive branch of the Government and two from private life;
four members appointed by the President of the Senate, two from the Senate (one from each of the two major political parties) and two from private life; and
four members appointed by the Speaker of the House of Representatives, two from the House of Representatives (one from each of the two major political parties) and two from private life.
The Commission shall elect a Chairman and a Vice Chairman from among its members.
Seven members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made.
Each member of the Commission who is not otherwise employed
Compensation.
by the United States Government shall receive $145 a day (including traveltime) during which he is engaged in the actual performance of his duties as a member of the Commission. A member of the Commission who is an officer or employee of the United States Government shall serve without additional compensation. All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.
Sec. 603. duties of the commission
The Commission shall study and investigate the organization, methods of operation, and powers of all departments, agencies, independent establishments, and instrumentalities of the United States Government participating in the formulation and implementation of United States foreign policy and shall make recommendations which the Commission considers appropriate to provide improved governmental processes and programs in the formulation and implementation of such policy, including, but not limited to, recommendations with respect to—
the reorganisation of the departments, agencies, independent establishments, and instrumentalities of the executive branch participating in foreign policy matters;
more effective arrangements between the executive branch and Congress, which will better enable each to carry out its constitutional responsibi1ities;
improved procedures among departments, agencies, independent establishments, and instrumentalities of the United States Government to provide improved coordination and control with respect to the conduct of foreign policy;
the abolition of services, activities, and functions not necessary to the efficient conduct of foreign policy; and
other measures to promote peace, economy, efficiency, and improved administration of foreign policy.
The Commission shall submit a comprehensive report to the President and Congress, not later than June 30, 1974, containing the findings and recommendations of the Commission with respect to its study and investigation. Such recommendations may include proposed constitutional amendments, legislation, and administrative actions the Commission considers appropriate in carrying out its duties. The Commission shall cease to exist on the thirtieth day after the date on which it files the comprehensive report under this subsection.
Sec. 604. powers of the commission
The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this title, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as the Commission or such
Subpenas.
subcommittee or member may deem advisable. Subpenas may be issued under the signature of the Chairman of the Commission, of any such subcommittee, or any designated member, and may be served by any person designated by such Chairman or member. The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192–194) shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section.
The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purposes of this title. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed, to the extent authorized by law, to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman.
Sec. 605. staff of the commission
The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, without
regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay rates.
The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person
occupying a position at GS–18.
Sec. 606. expenses of the commission
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title.
Approved July 13, 1972.