Volume 92 · 963
Public Law 95–426
To authorize appropriations for fiscal year 1979 for the Department of State, the International Communication Agency, and the Board for International Broadcasting, to make changes in the laws relating to those agencies, to make changes in the Foreign Service personnel system, to establish policies and responsibilities with respect to science, technology, and American diplomacy, and for other purposes.
Approved October 7, 1978
Statutory text
An Act
To authorize appropriations for fiscal year 1979 for the Department of State, the International Communication Agency, and the Board for International Broadcasting, to make changes in the laws relating to those agencies, to make changes in the Foreign Service personnel system, to establish policies and responsibilities with respect to science, technology, and American diplomacy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
short title
Section 1.
This Act may be cited as the “Foreign Relations Authorization Act, Fiscal Year 1979”.
TITLE I— DEPARTMENT OF STATE
authorization of appropriations for fiscal year 1979
Sec. 101.
There are authorized to be appropriated for the Department of State for the fiscal year 1979 to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, including trade negotiations, and other purposes authorized by law, the following amounts:
For “Administration of Foreign Affairs”, $849,118,000.
For “International Organizations and Conferences”, $412,826,000.
For “International Commissions”, $20,773,000.
For “Migration and Refugee Assistance”, $116,536,000.
For increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs, such amounts as may be necessary.
Amounts appropriated under this section are authorized to remain available until expended.
Funds authorized to be appropriated for the fiscal year 1979 by paragraphs (1) through (4) of subsection (a) may be appropriated for the fiscal year 1979 for a purpose for which appropriations are authorized by any other of those paragraphs, except that the total amount appropriated for a purpose described in any of those paragraphs may not exceed by more than 10 percent the amount specifically authorized for that purpose by subsection (a).
supplemental authorization for fiscal year 1978 for international organizations and conferences
Sec. 102.
Section 101(a) (2) of the Foreign Relations Authorization
Act, Fiscal Year 1978, is amended by striking out “$389,412,000” and inserting in lieu thereof “$426,687,000”.
united nations conference on science and technology for development
Sec. 103.
The Congress find that—
science and technology are keys to eradicating hunger and poverty in developing countries;
the ability of the developing countries to achieve self-sustaining growth has been hindered by the lack of an indigenous scientific and technological base;
this scientific and technological base is vital to the emergence of developing countries as full and equal partners in the international system;
expanded cooperation with respect to science and technology can significantly contribute to an improved North-South relationship; and
the United Nations Conference on Science and Technology for Development offers a valuable forum for the analysis of problems of development that might be alleviated or solved with the aid of scientific and technical expertise.
It is therefore the sense of the Congress that the United States should strongly support the purpose of the United Nations Conference on Science and Technology for Development and that the United States delegation to this conference should actively develop and offer proposals which would facilitate an expansion of mutually beneficial cooperation among developed and developing countries with respect to science and technology, including joint education and research and development programs.
In addition to amounts otherwise available for such purpose, $945,000 of the amount authorized to be appropriated by section 101 (a) (1) of this Act shall be available only for expenses incurred by the Department of State in connection with the United Nations Conference on Science and Technology for Development, including expenses for preparatory conferences and seminars held in the United States.
memorial statute of general marshall
Sec. 104.
The Secretary of State is authorized to acquire on behalf of the United States a memorial statue or bust of General George C. Marshall (hereafter in this section referred to as the “memorial”) to be placed in an appropriate location within the Department of State.
To assist the Secretary of State in carrying out the provisions
Commission, establishment.
of subsection (a), there is established a Commission to be composed of seven members as follows:
The Secretary, who shall be the chairman of the Commission.
Two members appointed by the Secretary.
Two members appointed by the chairman of the Committee on Foreign Relations of the Senate.
Two members appointed by the chairman of the Committee on International Relations of the House of Representatives. Members of the Commission shall serve without compensation.
Compensation.
The Commission shall operate under the direction of the Secretary of State and, subject to final approval by the Secretary, shall select the sculptor for the memorial and select its size, style, design, and material.
The Commission shall cease to exist upon completion of its
Termination.
functions under this section, as determined by the Secretary.
Of the funds authorized to be appropriated by section 101 (a) (1) of this Act not more than $10,000 may be used for payment of costs incurred in carrying out subsection (a) of this section.
All other costs incurred in carrying out subsection (a) shall be paid by the Secretary of State with funds contributed to the United States for such purpose.
The Secretary of State shall be responsible for maintenance and care of the memorial.
foreign mission solar energy demonstration
Sec. 105.
It is the purpose of this section to provide for the demonstration
of solar energy and other renewable energy technologies in foreign countries through the use of such energy in buildings acquired under subsection (a) of the first section of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 (a)), in order that—
countries in which such buildings are located may be given visible incentives to develop and use local solar energy or other renewable energy resources to reduce dependence upon petroleum and petroleum products;
markets may be developed for American solar energy systems and components in order to stimulate investment in such systems and components and to reduce the costs of such systems and components to reasonable levels;
in furtherance of the purpose of section 119 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151q), cooperation may be developed between the United States and other countries in an effort to develop solar energy or other renewable energy systems within a short period of time; and
equipment which is vital to the operation of sensitive systems within United States missions abroad may be made more reliable and less dependent upon interruptible local energy supplies.
The Secretary of State shall implement projects for the application of solar energy or other forms of renewable energy in buildings acquired under subsection (a) of the first section of the Foreign Service Buildings Act, 1926.
The Secretary of State shall select projects under paragraph
Consultation with Secretary of Energy.
(1) in consultation with the Secretary of Energy. Such projects shall apply available solar energy and other renewable energy technologies, including those for—
the heating and cooling of buildings;
solar thermal electric systems;
solar photovoltaic conversion systems;
wind energy systems; and
systems for developing fuels from biomass.
The Secretary of Energy shall inform the Secretary of State of all such technologies which are feasible for such projects, taking into account the resources and environmental conditions of the countries in which such projects are to be implemented. Upon the request of the Secretary
Technical assistance.
of State, the Secretary of Energy shall provide to the Secretary of State any technical information or other technical assistance which the Secretary of State considers necessary with respect to any such project. Any project selected under this section should be similar to projects which have been demonstrated by the Department of Energy (or any of its predecessor agencies) to be reliable, maintainable, and technically feasible.
Any project selected under this section shall be adaptable to the local resources, climatic conditions, and economic circumstances of the country in which such project is implemented in order that such country will be more likely to implement similar projects.
The Secretary of State shall insure that any project selected under this section is demonstrated to, and available for inspection by, officials and other citizens of the country in which such project is implemented.
In selecting projects under this section, the Secretary of State it shall give priority to projects to be implemented in developing countries.
Whenever any building is constructed under the authority contained in the first section of the Foreign Service Buildings Act, 1926,
the Secretary of State shall insure that the planning for such construction takes into account those renewable energy systems which are available in the country in which the building is to be constructed.
In addition to amounts otherwise available for such purposes, $4,000,000 of the amount authorized to be appropriated by section 101 (a) (1) of this Act shall be available only to carry out the purposes of this section.
assistance for refugees settling in israel
Sec. 106.
Of the amount authorized to be appropriated by section 101(a) (4) of this Act, $25,000,000 shall be available only for assistance for the resettlement in Israel of refugees from the Union of Soviet Socialist Republics and from Communist countries in Eastern Europe.
assistance for refugees i n africa
Sec. 107.
In addition to amounts otherwise available for such purpose, $5,000,000 of the amount authorized to be appropriated by section 101(a) (4) of this Act shall be available only for assistance for refugees in Africa.
aid to destitute americans abroad
Sec. 108.
Section 3(j) of the Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956 (22 U.S.C. 2670(j)), is amended by inserting “or destitute United States citizens abroad” immediately after “incarcerated abroad”.
The amendment made by this section shall take effect on October
Effective date.
1, 1978.
working capital fund
Sec. 109.
Section 13 of the Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956 (22 U.S.C. 2684), is amended—
by striking out “supply” in clause (2) in the first sentence;
by striking out “, and” at the end of clause (2) in the first sentence and inserting in lieu thereof a semicolon;
by inserting immediately before the period at the end of the first sentence “; and (4) medical and health care services”;
by striking out the third sentence; and
by inserting “(a)” immediately after “Sec. 13.” and by adding the following new subsection at the end of the section:
“(b) The current value of supplies returned to the working capital fund by a post, activity, or agency may be charged to the fund. The proceeds thereof shall, if otherwise authorized, be credited to current applicable appropriations and shall remain available for expenditures for the same purposes for which those appropriations are available. Credits may not be made to appropriations under this subsection as the result of capitalization of inventories.”.
The amendments made by this section shall take effect on October
Effective date.
1, 1978.
representation expenses of the international joint commission, united states and canada
Sec. 110.
Section 19 of the Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956 (22 U.S.C. 2689), is amended by striking out “not to exceed $1,500 of the”.
The amendment made by this section shall take effect on October
Effective date.
1, 1978.
consolidation of administrative services
Sec. 111.
The Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956, is amended by adding at the end thereof the following new section:
“Sec. 23.
Whenever the head of any Federal agency performing any
foreign affairs functions (including, but not limited to, the Department of State, the International Communication Agency, the Agency for International Development, and the Arms Control and Disarmament Agency) determines that administrative services performed in common by the Department of State and one or more other such agencies may be performed more advantageously and more economically on a consolidated basis, the Secretary of State and the heads of the other agencies concerned may, subject to the approval of the Director of the Office of Management and Budget, conclude an agreement which provides for the transfer to and consolidation within the Department or within one of the other agencies concerned of so much of the functions, personnel, property, records, and funds of the Department and of the other agencies concerned as may be necessary to enable the performance of those administrative services on a consolidated basis for the benefit of all agencies concerned. Agreements for consolidation of administrative services under this section shall provide for reimbursement or advances of funds from the agency receiving the service to the agency performing the service in amounts which will approximate the expense of providing administrative services for the serviced agency.”.
The amendment made by this section shall take effect on
Effective date.
October 1, 1978.
post employee services
Sec. 112.
Part C of title IX of the Foreign Service Act of 1946 (22 U.S.C. 1139) is amended—
by striking out “Commissary Service” in the heading for that part and inserting in lieu thereof “Post Employee Services”; and
by amending subsections (b) and (c) of section 921 to read
as follows:
“(b) The Secretary, under such regulations as he may prescribe, may authorize and assist in the establishment, maintenance, and operation by officers and employees of the Service of non-Government-operated services and facilities at posts abroad, including the furnishing of space, utilities, and properties owned or leased by the United States for use by its diplomatic and consular missions. The provisions of the Foreign Service Buildings Act, 1926 (22 U.S.C. 292–300), and section 13 of the Act entitled ‘An Act to provide certain basic authority for the Department of State’, approved August 1, 1956 (22 U.S.C. 2684), may be utilized by the Secretary in providing such assistance. Services and facilities established under this subsection shall be made available, insofar as practicable, to officers and employees of other Government agencies and their dependents who are stationed abroad. Such services and facilities shall not be established in localities where another United States agency operates similar services or facilities unless the Secretary determines that such additional services or facilities are necessary.
“(c) Charges at any post abroad for a service or facility authorized or assisted under this section shall be at the same rate for all civilian personnel of the Government serviced thereby, and all charges for supplies furnished to such a service or facility abroad by any Government agency shall be at the same rate as that charged by the furnishing agency to its comparable civilian services and facilities.”.
The amendments made by this section shall take effect on
Effective date.
October 1, 1978.
furnishing medical, services abroad
Sec. 113.
Part E of title IX of the Foreign Service Act of 1946 is amended—
in section 942 (22 U.S.C. 1157) by striking out “(a)” and by striking out subsection (b); and
by adding at the end of that part the following new section:
“furnishing medical services abroad
“Sec. 945.
The Secretary may establish medical treatment and health
care facilities and provide for the services of physicians, nurses, or other medical or health care personnel at a post at which, in the opinion of the Secretary, sufficient personnel are employed to warrant such facilities or services.”.
The amendments made by this section shall take effect on
Effective date.
October 1, 1978.
under secretary of state for management
Sec. 114.
The first section of the Act entitled “An Act to strengthen and improve the organization and administration of the Department of State, and for other purposes”, approved May 26, 1949 (22 U.S.C. 2652), is amended by striking out “a Deputy Under Secretary of State” and inserting in lieu thereof “an Under Secretary of State for Management”.
The individual holding the office of Deputy Under Secretary of
Deputy Under Secretary of State, assumption of duties.
State on the effective date of this section shall assume the duties of Under Secretary of State for Management and shall not be required to be reappointed by reason of the enactment of this section.
Paragraph (9) of section 5314 of title 5, United States Code, is amended by inserting “and Under Secretary of State for Management” immediately after “Programs”.
Paragraph (10) of section 5315 of such title is repealed.
Repeal.
Effective date.
The amendments made by this section shall take effect on October 1, 1978.
assistant secretary of state for international narcotics matters
Sec. 115.
There is established in the Department of State, in
addition to the positions provided under the first section of the Act of May 26, 1949 (22 U.S.C. 2652), an Assistant Secretary of State for International Narcotics Matters, who shall be appointed by the President, by and with the advice and consent of the Senate. The Assistant Secretary shall be responsible for the overall coordination of the role of the Department of State in the international aspects of narcotics problems.
Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph:
“(122) Assistant Secretary for International Narcotics Matters, Department of State.”.
The amendment made by paragraph (1) of this subsection shall
Effective date.
take effect on October 1, 1978.
definition of chief of mission
Sec. 116.
Paragraph (9) of section 121 of the Foreign Service Act of 1946 (22 U.S.C. 802(9)) is amended by striking out “or diplomatic agent” and inserting in lieu thereof “diplomatic agent, or the head of a United States office abroad which is designated by the Secretary as having a purpose diplomatic in nature”.
responsibilities of a chief of mission
Sec. 117.
Section 16 of the Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956 (22 U.S.C. 2680a), is amended—
in paragraph (1) by striking out “Ambassador to” and inserting in lieu thereof “chief of mission (as defined in section 121 (9) of the Foreign Service Act of 1946) in”;
in paragraph (2) by striking out “Ambassador” and inserting in lieu thereof “chief of mission”; and
in paragraph (3)—
by striking out “Ambassador to” and inserting in lieu thereof “chief of mission in”; and
by striking out “the Ambassador” and inserting in lieu thereof “the chief of mission”.
detailing of state department personnel
Sec. 118.
Section 11(a) of the Department of State Appropriations Authorization Act of 1973 (22 U.S.C. 2685 (a)) is amended—
by striking out “ninety days” and inserting in lieu thereof “one year”; and
by adding at the end thereof the following new sentence: “Officers and employees of the Department of State who are detailed, assigned, or otherwise made available to another Execu-tive agency for a period of not to exceed one year shall not be counted toward any personnel ceiling for the Department of State established by the Director of the Office of Management and Budget.”.
exclusion of certain aliens from the united states
Sec. 119.
Section 21 of the Act entitled “An Act to provide certain basic authority for the Department of State”, approved August 1, 1956 (22 U.S.C. 2691), is amended by adding at the end thereof the following new sentence: “Nothing in this section may be construed as authorizing or requiring the admission to the United States of any alien who is excludible for reasons other than membership in or affiliation with a proscribed organization.”.
publication of historical documents by the department of state
Sec. 120.
The Congress finds that the Department of State publication
“Foreign Relations of the United States” plays an important role in making the documentary record of United States foreign relations available to the Congress and the American public.
The Secretary of State shall therefore insure that publication of the “Foreign Relations of the United States” volumes is continued in such a manner as will maintain the high standard of comprehensive documentation already established by past volumes.
assistance to bereaved united states families
Sec. 121.
The Congress finds that the Department of State
should, in the performance of its consular duties, render all reasonable administrative assistance to a United States citizen who is making necessary arrangements following the death of another United States citizen abroad.
The Secretary of State shall—
analyze alternative procedures by which the Department of State could, where necessary and appropriate, provide loans or other forms of assistance to facilitate such arrangements; and
not later than January 20, 1979, transmit to the Speaker of
Report to Speaker of the House and Senate committee.
the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report describing fully and completely such alternate procedures, including associated costs, and presenting his views and recommendations with respect to such procedures.
systematic information-sharing
Sec. 122.
The Congress finds that—
international political, economic, and other studies prepared systematically by analysts of the Department of State as needed background information for executive branch policymakers could be similarly valuable to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate in fulfilling their responsibilities; and
a formal information-sharing arrangement between the Department of State and such congressional committees could therefore serve the national interest, provided that controls on dis-semination are established which insure that neither the process of analysis nor necessary confidentiality is jeopardized,
Not later than January 20, 1979, the Secretary of State shall
Report to congressional committees.
transmit to the chairman of the Committee on International Relations of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate recommendations with respect to the establishment of such an information-sharing arrangement.
assisting minority enterprise
Sec. 123.
The Congress finds that the Inter-Agency Council for Minority Enterprise has been created to assist minority owned and operated businesses in establishing broader markets, including markets with respect to procurement by the United States Government.
It is the sense of the Congress that the Secretary of State, in cooperation with such Council, should—
broaden minority business participation in the provision of goods and services for the Department of State; and
establish and expand export markets for minority businesses.
limitation on geographical travel restrictions in united states passports
Sec. 124.
For the purpose of achieving greater United States compliance with the provisions of the Final Act of the Conference on Security and Cooperation in Europe (signed at Helsinki on August 1, 1976) and for the purpose of encouraging other countries which are signatories to the Final Act to comply with those provisions, the first section of the Act entitled “An Act to regulate the issue and validity of passports, and for other purposes”, approved July 3, 1926 (22 U.S.C. 211a), is amended by adding at the end thereof the following: “Unless authorized by law, a passport may not be designated as restricted for travel to or for use in any country other than a country with which the United States is at war, where armed hostilities are in progress, or where there is imminent danger to the public health or the physical safety of United States travellers.”.
diplomatic and official passports
Sec. 125.
It is the sense of the Congress that a diplomatic or official
United States passport should be issued only to, and used only by, a person who holds a diplomatic or other official position in the United States Government or who is otherwise eligible for such a passport under conditions specifically authorized by law.
travel restrictions on foreign citizens
Sec. 126.
For the purpose of implementing general principles
of the Final Act of the Conference on Security and Cooperation in Europe (signed at Helsinki on August 1, 1975) emphasizing the lowering of international barriers to the free movement of people and ideas and in accordance with provisions of the Vienna Convention on Diplomatic Relations establishing the legal principles of nondiscrimination and reciprocity, it shall be the general policy of the United States to impose restrictions on travel within the United States by citizens of another country only when the government of that country imposes restrictions on travel by United States citizens within that country.
The Secretary of State shall—
insure that this policy is clearly conveyed to any foreign government imposing travel restrictions on United States citizens; and
seek the elimination, on a mutual and reciprocal basis, of travel restrictions imposed by such government and by the Government of the United States on each other’s citizens.
Not later than January 20, 1979, and at intervals of one year
Report to Speaker of the House and Senate committee.
thereafter for a period of three years, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report describing—
domestic travel restrictions then being imposed by the United States Government on citizens of other countries and by foreign governments on United States citizens; and
the progress of efforts undertaken pursuant to subsection (b) to achieve the elimination of such restrictions.
Subsection (a) may not be construed as limiting any restrictions on travel within the United States which are imposed by the United States Government, on a reciprocal basis, with respect to the officials of particular foreign governments.
TITLE II— INTERNATIONAL COMMUNICATION AGENCY
authorization of appropriations for fiscal year 1979
Sec. 201.
There is authorized to be appropriated for the International Communication Agency for fiscal year 1979 to carry out international communication, educational, cultural, and exchange programs under the United States Information and Educational Exchange Act of 1948, the Mutual Educational and Cultural
5 USC app.; 22 USC 1461 note.
Exchange Act of 1961, and Reorganization Plan Numbered 2 of 1977, and other purposes authorized by law, $420,577,000, and such additional amounts as may be necessary for increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs.
Amounts appropriated under this section are authorized to remain available until expended.
mission of the international communication agency
Sec. 202.
The mission of the International Communication Agency
shall be to further the national interest by improving United States relations with other countries and peoples through the broadest possible sharing of ideas, information, and educational and cultural activities. In carrying out this mission, the International Communication Agency shall, among other activities—
conduct Government-sponsored information, educational, and cultural activities designed—
to provide other peoples with a better understanding of the policies, values, institutions, and culture of the United States; and
within the statutory limits governing domestic activities of the Agency, to enhance understanding on the part of the Government and people of the United States of the history, culture, attitudes, perceptions, and aspirations of others;
encourage private institutions in the United States to develop their own exchange activities, and provide assistance for those exchange activities which are in the broadest national interest;
coordinate international informational, educational, or cultural activities conducted or planned by departments and agencies of the United States Government;
assist in the development of a comprehensive national policy on international communications; and
promote United States participation in international events relevant to the mission of the Agency.
expanded exchange activities
Sec. 203.
The President shall, by a process of gradual expansion
during the four-year period beginning October 1, 1979, increase significantly the financial resources expended annually by the International Communication Agency for exchange-of-persons activities. The President shall prepare at an early date a general plan for the accomplishment of this goal and shall adjust that plan annually, as he finds appropriate, in consultation with the Congress.
technical and clarifying amendments on personnel and other matters
Sec. 204.
Section 104(e)(1) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2454(e) (1)) is amended by striking out “President” and inserting, in lieu thereof “Director of the International Communication Agency”.
The Act entitled “An Act to promote the foreign policy of the United States by strengthening and improving the Foreign Service personnel system of the United States Information Agency through establishment of a Foreign Service Information Officer Corps”, approved August 20, 1968, is amended in the first section, section 2, and section 12 (22 U.S.C. 1221, 1222, and 1232) by striking out “United States Information” and inserting in lieu thereof “International Communication”.
Section 4 of that Act (22 U.S.C. 1224) is amended to read as follows:
“authority of the director
“Sec. 4.
Foreign Service information officers, Foreign Service Reserve officers, Foreign Service staff officers and employees, and alien clerks and employees of the Agency shall be under the direction and authority of the Director. Authority available to the Secretary of State with respect to Foreign Service officers. Foreign Service Reserve officers, Foreign Service staff officers and employees, or alien clerks and employees of the Department of State shall be available on the same basis to the Director with respect to Foreign Service information officers. Foreign Service Reserve officers. Foreign Service staff officers and employees, and alien clerks and employees of the Agency, except as provided in section 11 of this Act.”.
Section 10 of that Act (22 U.S.C. 1230) is amended to read as follows:
“other applicable provisions of law
“Sec. 10.
All provisions of the Foreign Service Act of 1946 or of
any other law, which apply to Foreign Service officers, Foreign Service Reserve officers. Foreign Service staff officers and employees, or alien clerks and employees of the Department of State and which are not referred to in sections 6 through 9 of this Act, shall be applicable to
Foreign Service information officers, Foreign Service Reserve officers, Foreign Service staff officers and employees, or alien clerks and employees, as the case may be, of the Agency.”.
Section 11 of that Act (22 U.S.C. 1231) is amended to read as follows:
“commissioning and assignment as diplomatic and consular officers
“Sec. 11.
(a) The Secretary of State may, upon request of the Director, recommend to the President that Foreign Service information officers or Foreign Service Reserve officers of the Agency be commissioned as diplomatic or consular officers, or both, in accordance with section 512 or 524 of the Foreign Service Act of 1946.
“(b) The Secretary of State may, upon request of the Director, assign Foreign Service information officers or Foreign Service Reserve officers of the Agency, commissioned as diplomatic or consular officers, to serve under such commissions in accordance with sections 512 and 514 or section 524 of the Foreign Service Act of 1946.”.
The title of the Act of August 20, 1968, is amended to read as follows: “An Act to promote the foreign policy of the United States by strengthening and improving the Foreign Service personnel system of the International Communication Agency through establishment of a Foreign Service Information Officer Corps.”.
Effective October 1, 1978, clause (xv) of paragraph (2) of section 5541 of title 5 of the United States Code, as added by section 412(a)(1)(C) of the Foreign Relations Authorization Act, Fiscal Year 1978, is amended by striking out “United States Information”
and inserting in lieu thereof “International Communication”.
Paragraph (3) of section 522 of the Foreign Service Act of 1946 (22 U.S.C. 922(3)) is amended by striking out “United States Information” and inserting in lieu thereof “International Communication”.
Section 803(a)(4) of that Act (22 U.S.C. 1063(a)(4)) is amended by striking “United States Information” and inserting in lieu thereof “International Communication”.
Title VIII of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 147l–1475a) is amended by adding at the end thereof the following new section:
“seal of the international communication agency
“Sec. 807.
The seal of the International Communication Agency
shall be the arms and crest of the United States, encircled by the words ‘International Communication Agency’. Judicial notice shall be taken of the seal.”.
functions relating to the national gallery of art
Sec. 205.
The Secretary of State may delegate to the Director of
the International Communication Agency, with the consent of the Director, the functions vested in the Secretary by section 2(a) of the joint resolution entitled “Joint Resolution providing for the construction and maintenance of a National Gallery of Art”, approved March 24, 1937 (20 U.S.C. 72(a)).
functions relating to t h e woodrow wilson international center for scholars
Sec. 206.
Subsection (b) of section 3 of the Woodrow Wilson Memorial Act of 1968 (20 U.S.C. 80f(b)) is amended—
in the text preceding paragraph (1) by striking out “fifteen” and inserting in lieu thereof “sixteen”;
by redesignating paragraphs (2) through (8) as paragraphs (3) through (9),respectively; and
by striking out paragraph (1) and inserting in lieu thereof the following new paragraphs:
“(1) the Secretary of State;
“(2) the Director of the International Communication Agency;”,
Subsection (c) of that section (20 U.S.C. 80f (c)) is amended by striking out “(7)” and inserting in lieu thereof “(8)”.
Subsection (d) of that section (20 U.S.C. 80f(d)) is amended by striking out “(8)” and inserting in lieu thereof “(9)”.
distribution within the united states of an international communication agency film on roy wilkins
Sec. 207.
Notwithstanding the second sentence of section 501 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), the Director of the International Communication Agency shall, upon receipt of reimbursement for any expenses involved, make available to the Administrator of General Services, for deposit in the National Archives of the United States, a master copy of the film entitled “The Right to Dignity”, and the Administrator shall make copies of such film available for purchase and public viewing in the United States.
TITLE III— BOARD FOR INTERNATIONAL BROADCASTING
authorization of appropriations for fiscal year 1979
Sec. 301.
Section 8(a) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a)) is amended—
in the text preceding paragraph (1) by striking out “1978” and inserting in lieu thereof “1979”; and
in paragraph (1), as amended by section 302 of this Act, by striking out “$79,448,000” and “$8,500,000” and inserting in lieu thereof “$88,180,000” and “$5,000,000”, respectively.
The amendments made by subsection (a) of this section shall
Effective date.
take effect on October 1, 1978.
supplemental authorization of appropriations for fiscal year 1978
Sec. 302.
Section 8(a)(1) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a)(1)) is amended by striking out “$68,980,000” and “$5,000,000” and inserting in lieu thereof “$79,448,000” and “$8,500,000”, respectively.
composition of board
Sec. 303.
Section 3(b) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2872(b)) is amended—
in paragraph (1) —
by amending the first sentence to read as follows: “The Board shall consist of seven members, two of whom shall be ex officio members.”; and
by striking out “of RFE/RL, Incorporated, shall be an ex officio member” in the last sentence and inserting in lieu thereof “and the chairman of the Board of Directors of RFE/RL, Incorporated, shall be ex officio members”; and
by amending paragraph (4) to read as follows:
An ex officio member of the Board shall serve on the Board during his or her term of service as chief operating executive or as chairman of the Board of Directors of RFE/RL, Incorporated, as the case may be.”.
representational expenses
Sec. 304.
Section 4(a) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2873(a)) is amended—
by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and
by inserting the following new paragraph (8) immediately after paragraph (7):
“(8) to make available for its own use or for the use of RFE/RL, Incorporated, for official reception and representational expenses not to exceed $65,000 of the funds made available to carry out this Act each fiscal year;”.
The amendment made by subsection (a) (2) of this section does
not apply with respect to funds appropriated before the date of enactment of this Act.
disclosure of contributions
Sec. 305.
Section 5(c) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2874(c)) is amended by inserting “(including a contribution made to any corporation or other entity having a principal purpose of receiving private contributions on behalf of RFE/RL, Incorporated)” immediately after “a contribution to RFE/RL, Incorporated,”.
technical amendments
Sec. 306.
Section 8(a)(1) of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a) (1)) is amended by striking out “Radio Free Europe and Radio Liberty” and inserting in lieu thereof “RFE/RL, Incorporated”.
Section 8(b) of such Act (22 USC. 2877(b)) is amended by striking out “Radio Free Europe and Radio Liberty” and inserting in lieu thereof “RFE/RL, Incorporated”.
use of broadcasting facilities by communist countries
Sec. 307.
The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871–2877) is amended by adding at the end thereof the following new section:
“use of broadcasting facilities by communist countries
“Sec. 9.
No funds or other assistance may be provided by the Board
under this Act to RFE/RL, Incorporated, if RFE/RL, Incorporated, permits any Communist country (within the meaning of section 620 (f) of the Foreign Assistance Act of 1961) to use its broadcasting
facilities unless that Communist country permits RFE/RL, Incorporated, to use that country’s broadcasting facilities on a comparable basis.”.
TITLE IV— FOREIGN SERVICE AND OTHER PERSONNEL
employment of family members overseas
Sec. 401.
In order to expand employment opportunities for family
members of United States Government personnel assigned abroad, the President shall—
seek to conclude such bilateral and multilateral agreements as will facilitate the employment of such family members in foreign economies; and
direct that at any United States post abroad where a qualified family member is available to be hired, consideration shall be given, when continuity over a long term is not a significant consideration, to converting a vacant alien position to an American position for staffing by that family member.
The section heading of section 444 of the Foreign Service Act of 1946 (22 U.S.C. 889) is amended to read as follows: “local compensation plans”.
Subsection (a)(1) of such section is amended to read as follows:
Compensation plans, regulations.
“(a) (1) The Secretary shall, in accordance with such regulations as he may prescribe, establish compensation plans for alien employees of the Service and for United States citizens employed by the Department abroad who are family members of Government personnel serving in the same country. Such compensation plans shall be based upon prevailing wages rates and compensation practices for corresponding types of positions in the locality, to the extent consistent with the public interest. Compensation plans established pursuant to this section may include provision for leave of absence with pay for alien employees in accordance with prevailing law and employment practices in the locality of employment, without regard to section 6310 of title 5, United States Code.”.
Subsection (b) of such section is amended by striking out “alien employee programs” and inserting in lieu thereof “employment programs for aliens, and for family members of Government personnel serving abroad,”.
Such section is further amended by adding at the end thereof
Regulations.
the following new subsection:
“(d) The Secretary of State shall prescribe regulations authorizing the employment abroad, and providing for the compensation, of family members of Government personnel.”.
Not later than January 20, 1979, the Secretary of State shall
Report to Speaker of the House and Senate committee.
transmit to the Speaker of "the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report describing fully and completely the actions taken by the Department of State pursuant to this section and section 413 of the Foreign Relations Authorization Act, Fiscal Year 1978.
special allowances
Sec. 402.
Title IV of the Foreign Service Act of 1946 (22 U.S.C. 861–890) is amended by adding at the end thereof the following new part:
“Part F— Additional Compensation
“special allowances
“Sec. 451.
If he finds it to be in the best interests of the Service,
the Secretary may, under such conditions as he may determine, pay special allowances, in addition to compensation otherwise authorized, to Foreign Service officers who are required because of the nature of their assignments to perform additional work on a regular basis in substantial excess of normal requirements.”.
The amendment made by this section shall take effect on October
Effective date.
1, 1978.
assignments to public or private nonprofit organizations
Sec. 403.
Section 576 of the Foreign Service Act of 1946 (22 U.S.C. 966) is amended—
in the section heading by inserting “or private nonprofit” immediately after “public”;
in subsection (a) (1)—
by striking out “before their fifteenth year of service as such officers” and inserting in lieu thereof “after their seventh year of service (counting service as a Foreign Service officer and prior service as a Foreign Service Reserve officer)”; and
by inserting “or private nonprofit” immediately after “or other public”;
at the end of subsection (a) (2) by inserting the following: “Reimbursement for an assignment to a Member or office of the Senate shall be made at the rate of one-half of the current salary of the Foreign Service officer (who shall continue to be paid his or her full salary by the Department of State).”; and
by striking out subsection (f) and inserting in lieu thereof the following new subsection:
The Secretary may reimburse a Foreign Service officer for relocation expenses incident to household moves necessitated by an assignment under this section for which the officer is not entitled to be reimbursed under any other provision of law. For purposes of such reimbursement, regulations issued pursuant to section 5724a(a) (3) of title 5, United States Code, shall apply to the same extent as if the officer were entitled to be reimbursed for travel and transportation expenses under section 5724 (a) of that title.”.
Section 576(f) of the Foreign Service Act of 1946, as added by
Effective date.
subsection (a) (4) of this section, shall take effect on October 1, 1978, but shall apply with respect to relocation expenses incurred after the date of enactment of this Act.
facilitating voluntary retirements
SEC. 404.
Part D of title VI of the Foreign Service Act of 1946 (22 U.S.C. 1001–1008) is amended by adding at the end thereof the following new section:
“facilitating voluntary retirements
“SEC. 639.
In order to facilitate their transition from the Service, the
Career counseling and assistance.
Secretary may provide professional career counseling, advice, and placement assistance, by contract or otherwise (subject to the availability of appropriations), to officers and employees of the Service, other than those separated for cause.”.
orientation and language training for family members
Sec. 405.
Title VII of the Foreign Service Act of 1946 (22 U.S.C. 1041–1047) is amended by adding at the end thereof the following new section:
“orientation and language training for family members
“Sec. 708.
(a) To facilitate orientation and language training provided
Grants.
to members of families of officers and employees of the Government pursuant to section 701, the Secretary may make grants to family members attending language and orientation programs of study of the Institute. No such grant may exceed the amount actually expended for necessary costs incurred in conjunction with such attendance, and in no event may any such grant exceed $300 per month per individual. No individual may receive such a grant for more than six months in connection with any one assignment.
“(b) If a member of the family of an officer or employee of the Government who is assigned abroad is unable to participate in language training provided by the Department at the Institute or elsewhere, the Secretary may partially compensate that family member for language training, related to the assignment abroad, which is undertaken at a public or private institution.”.
The amendment made by paragraph (1) of this subsection shall
Effective date.
take effect on October 1, 1978.
Not later than January 1, 1980, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chair-
Report to Speaker of the House and Senate committee.
man of the Committee on Foreign Relations of the Senate a report on the programs authorized by the amendment made by this section. The Secretary shall include in this report a recommendation with regard to whether those programs should remain in effect, be modified, or be terminated.
special computation of annuities
Sec. 406.
Notwithstanding the first sentence of section 821 (a) of the
Foreign Service Act of 1946 (22 U.S.C. 1076(a)), the annuity of any participant in the Foreign Service Retirement and Disability System whose salary was or is limited by the provisions of section 5308 of title 5, United States Code, and who retires during the period beginning October 1, 1978, and ending December 31, 1979, shall be equal to 2 per centum of his or her basic salary for the highest year of service for which contributions have been made to the Foreign Service Retirement and Disability Fund multiplied by the number of years, not exceed-ing thirty-five, of service credit obtained in accordance with the provisions of sections 851 and 853 of the Foreign Service Act of 1946 (22 U.S.C. 1091 and 1093).
rest and recuperation travel
Sec. 407.
Section 911(9) of the Foreign Service Act of 1946 (22 U.S.C. 1136(9)) is amended by inserting “or to the United States” immediately after “serving” the second place it appears.
The amendment made by subsection (a) shall take effect on
Effective date.
October 1, 1978.
reducing family separations during temporary assignments
Sec. 408.
Section 911(10) of the Foreign Service Act of 1946 (22 U.S.C. 1136(10)) is amended by striking out “his” and inserting in lieu thereof “or from a”.
The amendment made by subsection (a) shall take effect on
Effective date.
October 1, 1978.
per diem and subsistence allowances
Sec. 409.
Section 911 of the Foreign Service Act of 1946 (22 U.S.C. 1136) is amended—
by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; and”; and
by adding at the end thereof the following new paragraph:
“(12) without regard to rates provided under the authority of section 5702 of title 5, United States Code, the travel expenses of employees of the Department on protective security missions within the United States, its territories and possessions, the Commonwealth of Puerto Rico, and the Canal Zone, at not to exceed the cost of lodging plus $24 per day.”,
The amendments made by subsection (a) shall take effect on
Effective date.
October 1, 1978.
compensation for junior foreign service officers
Sec. 410.
Section 412(b) of the Foreign Relations Authorization
Repeal.
Act, Fiscal Year 1978, is repealed.
compensatory time of fat certain posts in foreign areas
Sec. 411.
Subchapter III of chapter 59 of title 5, United States Code, is amended by adding at the end thereof the following new section:
Ҥ 5926. Compensatory time off at certain posts in foreign areas
“(a) Under regulations prescribed pursuant to this subchapter, and notwithstanding subchapter Y of chapter 55 of this title or any other
law, the head of an agency may, on request of an employee serving in a foreign area—
“(1) at an isolated post performing functions required to be maintained on a substantially continuous basis, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work; or
“(2) at a post in a locality that customarily observes irregular hours of work or where other special conditions are present, in order to cope with those special circumstances, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work for use during the pay period in which it is earned.
Credit for compensatory time off earned under paragraph (2) shall not form the basis for any additional compensation.
“(b) Compensatory time earned under this section shall be for use only while the employee is assigned to the post where it is earned. Any such compensatory time not used at the time the employee is reassigned to another post shall be forfeited.”.
The section analysis for such chapter is amended by inserting the following new item immediately after the item relating to section 5925:
technical amendments correcting printing errors
Sec. 412.
Section 444(c) (1) (B) of the Foreign Service Act of 1946 (22 U.S.C. 889(c) (1) (B)) is amended by striking out “chapter 8” and inserting in lieu thereof “chapter 81”.
Section 411(a) of the Foreign Relations Authorization Act,
Fiscal Year 1978, is amended by striking out “section 824” and inserting in lieu thereof “section 821”.
The amendments made by this section shall be effective as of
Effective date.
August 17, 1977.
review of foreign service personnel requirements and compensation
Sec. 413.
The Congress finds that—
since 1960, the United States has expanded its diplomatic representation abroad from approximately eighty countries to approximately one hundred and thirty countries;
despite such expanded responsibilities, and despite a significantly increased consular workload in all countries in which the United States is represented, the total number of personnel of the Department of State has remained approximately the same; and
although the responsibilities and necessary qualifications for individual Foreign Service positions continue to change, compensation for Foreign Service personnel continues to be linked to compensation for General Schedule employees at a level established years ago.
It is therefore the sense of the Congress that the Secretary of State should conduct a thorough review of the personnel needs of the Foreign Service and of the suitability of the current compensation system.
Not later than January 20, 1979, the Secretary of State shall
Report to Speaker of the House and Senate committee.
transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth fully and completely—
the results of such review; and
such recommendations as the Secretary finds appropriate.
TITLE V— SCIENCE, TECHNOLOGY, AND AMERICAN DIPLOMACY
findings
Sec. 501.
The Congress finds that—
the consequences of modern scientific and technological advances are of such major significance in United States foreign policy that understanding and appropriate knowledge of modern science and technology by officers and employees of the United States Government are essential in the conduct of modern diplomacy;
many problems and opportunities for development in modern diplomacy lie in scientific and technological fields;
in the formulation, implementation, and evaluation of the technological aspects of United States foreign policy, the United States Government should seek out and consult with both public and private industrial, academic, and research institutions concerned with modern technology; and
the effective use of science and technology in international relations for the mutual benefit of all countries requires the development and use of the skills and methods of long-range planning.
declaration of policy
SEC. 502.
In order to maximize the benefits and to minimize the
adverse consequences of science and technology in the conduct of foreign policy, the Congress declares the following to be the policy of the United States:
Technological opportunities, impacts, changes, and threats should be anticipated and assessed, and appropriate measures should be implemented to influence such technological developments in ways beneficial to the United States and other countries.
The mutually beneficial applications of technology in bilateral and multilateral agreements and activities involving the United States and foreign countries or international organizations should be recognized and supported as an important element of United States foreign policy.
The United States Government should implement appropriate measures to insure that individuals are trained in the use of science and technology as an instrument in international relations and that officers and employees of the United States Government engaged in formal and informal exchanges of scientific and technical information, personnel, and hardware are knowledgeable in international affairs.
In recognition of the environmental and technological factors that change relations among countries and in recognition of the growing interdependence between the domestic and foreign policies and programs of the United States, United States foreign policy should be continually reviewed by the executive and legislative branches of the Government to insure appropriate and timely application of science and technology to the conduct of United States foreign policy.
responsibilities of the president
Sec. 503.
The President, in consultation with the Director of
Consultation.
the Office of Science and Technology Policy and other officials whom the President considers appropriate, shall—
notwithstanding any other provision of law, insure that the Secretary of State is informed and consulted before any agency of the United States Government takes any major action, primarily involving science or technology, with respect to any foreign government or international organization;
identify and evaluate elements of major domestic science and technology programs and activities of the United States Government with significant international implications;
identify and evaluate international scientific or technological developments with significant implications for domestic programs and activities of the United States Government; and
assess and initiate appropriate international scientific and technological activities which are based upon domestic scientific and technological activities of the United States Government and which are beneficial to the United States and foreign countries,
The President shall study and not later than January 31, 1980,
Presidential report, transmittal to Congress.
and not later than January 31 of each year thereafter, shall transmit to the Congress a report containing recommendations with respect to—
personnel requirements, and standards and training for service of officers and employees of the United States Government, with respect to assignments in any Federal agency which involve foreign relations and science or technology; and
the continuation of existing bilateral and multilateral activities and agreements primarily involving science and technology, including (A) an analysis of the foreign policy implications and the scientific and technological benefits of such activities or agreements for the United States and other parties, (B) the adequacy of the funding for and administration of such activities and agreements, and (C) plans for future evaluation of such activities and agreements on a routine basis.
Except as otherwise provided by law, nothing in this section shall be construed as requiring the public disclosure of sensitive information relating to intelligence sources or methods or to persons engaged in monitoring scientific or technological developments for intelligence purposes.
responsibilities of the secretary of state
Sec. 504.
In order to implement the policy set forth in section
502 of this title, the Secretary of State (hereafter in this section referred to as the “Secretary”) shall have primary responsibility for coordination and oversight with respect to all major science or science and technology agreements and activities between the United States and foreign countries, international organizations, or commissions of which the United States and one or more foreign countries are members.
The Secretary shall, to such extent or in such amounts as are
Contracts and grants.
provided in appropriation Acts, enter into long-term contracts, including contracts for the services of consultants, and shall make grants and take other appropriate measures in order to obtain studies, analyses, and recommendations from knowledgeable persons and organizations with respect to the application of science or technology to problems of foreign policy.
The Secretary shall, to such extent or in such amounts as are provided in appropriation Acts, enter into short-term and long-term contracts, including contracts for the services of consultants, and shall make grants and take other appropriate measures in order to obtain assistance from knowledgeable persons and organizations in training officers and employees of the United States Government, at all levels of the Foreign Service and Civil Service—
in the application of science and technology to problems of United States foreign policy and international relations generally; and
in the skills of long-range planning and analysis with respect to the scientific and technological aspects of United States foreign policy.
In obtaining assistance pursuant to subsection (c) in training personnel who are officers or employees of the Department of State, the Secretary may provide for detached service for graduate study at accredited colleges and universities.
Not later than January 20, 1979, the Secretary shall transmit to
Report to congressional committees.
the Committee on Appropriations and the Committee on International Relations of the House of Representatives, and to the Committee on Appropriations and the Committee on Foreign Relations of the Senate, a report on the implementation of the responsibilities of the Secretary under this title. Such report shall include the following information: an assessment of the personnel required in order to carry out such responsibilities; existing and planned programs for research and analysis to support long-range planning for the application of science and technology to foreign policy; existing and planned programs for training officers and employees of the United States Government pursuant to subsection (c) of this section; and existing and planned programs to enter into long-term contracts with academic and other organizations for assistance in training and in obtaining studies, analyses, and recommendations with respect to the application of science or technology to problems of foreign policy.
TITLE VI— POLICY PROVISIONS
international communications policy
Sec. 601.
The Congress finds that—
a series of multilateral meetings scheduled to convene in 1978 and 1979 (including the twentieth General Conference of the United Nations Educational, Scientific, and Cultural Organization; the Thirty-second United Nations General Assembly; the United Nations Conference on Science and Technology for Development; and the World Administrative Radio Conference of the International Telecommunications Union) will address a complex variety of international communications and information issues and will likely, through the promulgation of binding agreements relating to such issues, have a significant and lasting effect on the free flow of information and ideas among the countries of the world; and
since the United States is the leading user of communications channels and information in the world, the United States Government should have a comprehensive policy regarding the various communications and information issues that have entered international discussions and should establish an effective mechanism by which to develop and coordinate United States policy on such issues,
Not later than January 20, 1979, the President shall transmit to
Presidential report, transmittal to Speaker of the House and congressional committees.
the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations and the chairman of the Committee on Commerce, Science, and Transportation of the Senate, a report describing fully and completely—
procedures the President has established by which to develop and maintain a comprehensive United States policy regarding international communications and information issues; and
goals and positions of the United States with regard to anticipated international meetings which will address communications and information issues.
The President shall transmit supplementary reports to the Congress as modifications, if any, occur in such goals and positions.
action concerning resources
Sec. 602.
It is the sense of the Congress that the President should
convey to all countries having an interest in cetacean sea life the serious concern of the Congress regarding the continuing destruction of these marine mammals (highlighted by the recent slaughter of dolphins in the Sea of Japan by Japanese fishermen) and should encourage such countries—
to join in international discussions with other such countries in order to advance general understanding of cetacean life and thereby facilitate an effective use of the living marine resources of the world which does not jeopardize the natural balance of the aquatic environment;
to participate in an exchange of information with the National Marine Fisheries Service of the United States Department of Commerce, including cooperation in studies of—
the impact of cetaceans on ecologically related human foodstuffs, and
alternative methods of dealing with cetacean problems as they occur;
to cooperate in establishing an international cetacean commission to advance understanding of cetacean life and to insure the effective conservation and protection of cetaceans on a global scale; and
to adopt comprehensive marine mammal protection legislation.
international journalistic freedom
Sec. 603.
The Congress finds that—
news dissemination and the free flow of information across national boundaries are vital to international understanding and to healthy relations among countries; and
recurring and reliable reports strongly indicate that in many countries foreign news correspondents are subject to governmental harassment and restriction, including the denial of access to legitimate news sources, the imposition of censorship, and detention, incarceration, and expulsion.
It is therefore the sense of the Congress that the President should—
advise the appropriate officials of any foreign government which subjects foreign news correspondents to harassment and restrictions that the United States considers such mistreatment a significant and potentially damaging factor in overall relations of the United States with such country; and
raise in appropriate international forums the issue of the treatment of foreign news correspondents, with a view toward gaining multilateral support for the legitimate rights of such correspondents.
Not later than January 20, 1979, the President shall transmit to
Presidential report, transmittal to Speaker of the House and Senate committee.
the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report describing fully and completely actions taken pursuant to subsection (b).
international food reserve
Sec. 604.
The Congress finds that—
half a billion people suffer regularly from malnutrition or undernutrition;
even very modest shortfalls in crop production can result in greatly increased human suffering, and undercut the benefits of bilateral and multilateral assistance programs, in poor developing countries with chronic food deficits;
increasing variability in world food production and trade presents a serious threat not only to consumers but also to producers;
the World Food Conference recognized the urgent need for an international undertaking to achieve a system of world food security based largely upon strategic food reserves:
the Congress through legislation has repeatedly urged the President to negotiate with other nations to establish such a system of reserves;
although the nations of the world have agreed to begin discussions on a system of grain reserves to regulate food availability, agreement on a global network of nationally held reserves still eludes the international community;
while some progress has taken place in the United States in creating domestic farmer held reserves, the scale of such reserves does not insure adequate protection against fluctuations in world production and price; and
the United States, as the world’s leading producer of foodstuffs, remains in a unique position to provide the leadership necessary to make world food security a reality.
It is therefore the sense of the Congress that the President should continue his efforts directed toward achievement of an agreement establishing an international network of nationally held grain reserves which provides for supply assurance to consumers and income security to producers.
spanish democracy
Sec. 605.
The Congress finds that—
the Senate, in rendering its advice and consent to ratification of the Treaty of Friendship and Cooperation between the United States and Spain (signed on January 24, 1976), declared
its hope and intent that the Treaty would serve to support and foster Spain’s progress toward free institutions;
this declaration reflected the strong desire of the United States Government and the American people to see a restoration of democracy in Spain and an expansion of mutually beneficial relations between Spain and the democracies of America and Europe; and
political developments in Spain during the past two years constitute a major step toward the construction of a stable and lasting Spanish democracy.
The Congress finds further that—
“Guernica” by Picasso, transfer to Spain.
the masterpiece "Guernica", painted by Pablo Picasso, has for four decades been a powerful and poignant symbol of the horror of war;
this treasured painting, while universal in its significance, holds special meaning for the people of Spain by its representation of the tragic civil war which destroyed Spanish democracy;
Pablo Picasso, having painted “Guernica” for the Spanish Republican Government and concerned for Spain’s future when that government fell, stipulated that the painting should remain in the custody of the Museum of Modern Art in New York until Spanish democracy had been restored; and
the United States and Spain, in a Supplementary Agreement entered into with the Treaty of Friendship and Cooperation, have committed themselves to expand their cooperation in the fields of education and culture.
It is therefore the sense of the Congress, anticipating the continuance of recent promising developments in Spanish political life, that “Guernica” should, at some point in the near future and through appropriate legal procedures, be transferred to the people and Government of a democratic Spain.
It is further the sense of the Congress that the American people, having long benefited from this treasure and admiring Spain’s achievement, would wish, as an expression of appreciation and congratulation upon the transfer of “Guernica” to Spain, to assist in the preparation of facilities for the permanent display of the painting, if such assistance is found to be appropriate by the elected leaders of Spain.
discriminatory trade practices affecting united states foreign relations
Sec. 606.
The Congress finds that those provisions of United
States statutes which authorize or require suspension of or discrimination with respect to all trade between the United States and a particular foreign country and which affect, directly and significantly, the conduct of the United States foreign relations should be periodically reevaluated by the President and the Congress.
Therefore, not later than January 20, 1979, the President shall
Presidential report, transmittal to Speaker of the House and Senate committees.
transmit to the Speaker of the House of Representatives, and to the chairman of the Committee on Foreign Relations and the chairmen of other appropriate committees of the Senate, a report which—
identifies all statutory provisions which provide for such discriminatory trade practices;
evaluates each such practice; and
recommends, in the form of draft legislation, such amendments to those provisions as the President certifies would in his judgment advance United States foreign policy interests.
conduct of diplomatic relations
Sec. 607.
The Congress finds that the conduct of diplomatic relations
with a foreign government has as its principal purpose the discussion and negotiation with that government of outstanding issues and, like the recognition of a foreign government, does not in itself imply approval of that government or of the political-economic system it represents.
nuclear-powered satellites
Sec. 608.
The Congress finds that—
no international regime governs the use of nuclear-powered satellites in space;
the unregulated use of such technology poses the possibility of catastrophic damage to human life and the global environment; and
this danger has been evidenced by mishaps encountered, despite certain precautions, by nuclear-powered satellites of both the United States and the Soviet Union.
It is therefore the sense of the Congress that the United States
Multilateral agreement.
should take the initiative immediately in seeking a multilateral agreement governing the use of nuclear-powered satellites in space.
Not later than January 20, 1979, the Secretary of State shall
Report to Speaker of the House and Senate committee.
transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on actions taken by the United States Government pursuant to subsection (b).
world alternate energy conference
Sec. 609.
The Congress finds that—
increasing global dependence on fossil fuels, particularly oil and natural gas, when existing supplies are rapidly being depleted, is costly to developed and developing countries both environmentally and economically;
the uncontrolled spread of nuclear power carries serious dangers due to waste pollution and the possibility of accidents or material diversion;
expanded development and use of alternate, nonconventional, or renewable sources of energy (including solar energy, wind, biomass waste materials, and alcohol fuels) could assist all countries in satisfying rising energy demands, while reducing environmental and economic risk;
no international agency exists at present which assists countries in exchanging information and technical assistance concerning energy-related problems or which promotes the development and use of alternate energy sources; and
an international agency performing these functions could be of benefit to all countries and could be particularly effective in assisting developing countries to become more self-sufficient and thereby to increase their standard of living.
It is therefore the sense of the Congress that the United States should encourage the United Nations to convene a World Alternate Energy Conference in 1981 for the purpose of considering ways to meet the energy needs of the world through the development and use of alternate energy sources. Among proposals considered at such a conference should be the establishment, under United Nations auspices, of an International Alternate Energy Commission to encourage the worldwide use of alternate energy sources by assisting in the dissemination of information and by other appropriate means.
Not later than January 20, 1980, the Secretary of State shall
Report to Speaker of the House and Senate committee.
transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on actions taken pursuant to subsection (b).
atrocities in cambodia and uganda
Sec. 610.
The Congress finds that reliable reports of events in
22 USC 2151 note.
Cambodia and Uganda attest to the existence of governmental practices in those countries of such systematic and extensive brutality as to require special notice and continuing condemnation by outside observers.
Recognizing the limited direct influence of the United States in Cambodia and Uganda, the Congress urges the President to move aggressively to support multilateral action by the United Nations and other international organizations, and to encourage bilateral action by countries having more extensive relations with Cambodia and Uganda, to bring an end to the brutal and inhumane practices of the governments of those two countries.
Not later than January 20, 1979. the Secretary of State shall
Report to Speaker of the House and Senate committee.
transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report describing fully and completely actions taken pursuant to subsection (b).
It is the sense of the Congress that the President should—
Uganda, prohibitions.
prohibit the export of military, paramilitary, and police equipment to Uganda;
direct that the visa application of any official or employee of the Government of Uganda seeking to enter the United States for the purpose of military, paramilitary, or police training, may be approved by a consular officer only after the appropriate official of the Department of State in Washington has reviewed the application and has determined that the Government of Uganda has demonstrated a proper respect for the rule of law and for internationally recognized human rights; and
instruct the Permanent Representative of the United States to the United Nations to submit to the Security Council of the United Nations for its consideration a resolution imposing a mandatory arms embargo on Uganda by all members of the United Nations.
equitable treatment of united states citizens living abroad
Sec. 611.
The Congress finds that—
United States citizens living abroad should be provided fair and equitable treatment by the United States Government with regard to taxation, citizenship of progeny, veterans’ benefits, voting rights. Social Security benefits, and other obligations, rights, and benefits; and
such fair and equitable treatment would be facilitated by a periodic review of statutes and regulations affecting Americans living abroad.
Not, later than January 20, 1979, the President shall transmit to
Presidential report, transmittal to Speaker of the House and Senate committee.
the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report which—
identifies all United States statutes and regulations which discriminate against United States citizens living abroad;
evaluates each such discriminatory practice; and
recommends legislation and any other remedial action the President finds appropriate to eliminate unfair or inequitable treatment of Americans living abroad.
united states-canadian negotiations on air quality
Sec. 612.
The Congress finds that—
the United States and Canada share a common environment along a 5,500 mile border;
the United States and Canada are both becoming increasingly concerned about the effects of pollution, particularly that resulting from power generation facilities, since the facilities of each country affect the environment of the other;
the United States and Canada have subscribed to international conventions; have joined in the environmental work of the United Nations, the Organization for Economic Cooperation and Development, and other international environmental forums; and have entered into and implemented effectively the provisions of the historic Boundary Waters Treaty of 1909; and
the United States and Canada have a tradition of cooperative resolution of issues of mutual concern which is nowhere more evident than in the environmental area.
It is the sense of the Congress that the President should make
Cooperative agreement.
every effort to negotiate a cooperative agreement with the Government of Canada aimed at preserving the mutual airshed of the United States and Canada so as to protect and enhance air resources and insure the attainment and maintenance of air quality protective of public health and welfare.
It is further the sense of the Congress that the President, through the Secretary of State working in concert with interested Federal agencies and the affected States, should take whatever diplomatic actions appear necessary to reduce or eliminate any undesirable impact upon the United States and Canada resulting from air pollution from any source.
cuban presence in africa
Sec. 613.
The Congress finds that—
the President authorized the exchange of notes of May 30, 1977, between the Governments of the United States and Cuba which established an Interests Section for the United States in the Embassy of Switzerland in Havana and an Interests Section for Cuba in the Embassy of Czechoslovakia in Washington;
the President has the authority under the Export Administration
Act of 1969 to limit trade with Cuba being conducted by subsidiaries of American firms operating in third countries;
the President has the power to sever all diplomatic and economic relations with Cuba; and
there has been a sharp increase in the number of Cuban military personnel serving in Africa in the past year.
It is therefore the sense of the Congress that the President should—
undertake a comprehensive review of United States diplomatic and economic relations with Cuba; and
not later than January 20, 1979, transmit to the Speaker of
Presidential report, transmittal to Speaker of the House and Senate committee.
the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report based on such review.
palestinian rights units
Sec. 614.
The Congress, noting United Nations General Assembly Resolution 3376 (XXX) which established the Committee on the Exercise of the Inalienable Rights of the Palestinian People and noting United Nations General Assembly Resolutions 32/40/A and 32/40/B which continued the mandate of that Committee and requested that the Secretary General establish within the Secretariat of the United Nations a Special Unit on Palestinian Rights, declares that—
the continuation of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the creation of the Special Unit on Palestinian Rights are wasteful expenditures of limited United Nations resources at a time when the United Nations is experiencing severe financial difficulties and when the United Nations is under close scrutiny from contributing members;
the work of the Committee on the Exercise of the Inalienable Rights of the Palestinian People does not contribute to the process of peacemaking underway at present in the Middle East; and
the United States Ambassador to the United Nations should be instructed to continue to oppose extensions of the mandate of that Committee as well as extensions of the Special Unit on Palestinian Rights.
It is the sense of the Congress that the President should direct
Termination action.
the Permanent Representative of the United States to the United Nations to use all means at his disposal to obtain action by the General Assembly terminating the Committee on the Exercise of the Inalienable Rights of the Palestinian People and the Special Unit on Palestinian Rights.
TITLE VII— MISCELLANEOUS PROVISIONS
annual report of the gorgas memorial institute
Sec. 701.
Section 3 of the Act entitled “An Act to authorize a permanent annual appropriation for the maintenance and operation of the Gorgas Memorial Laboratory”, approved May 7, 1928 (22 U.S.C 278a), is amended in the first sentence—
by striking out “annually, on the first Monday in December” and inserting in lieu thereof “, on April 1 of each year”; and
by striking out “up to the first of November next preceding” and inserting in lieu thereof “during the fiscal year ending the preceding September 30”.
Title I of the Departments of State, Justice, and Commerce Appropriation Act, 1945, is amended in the first paragraph under the
heading “international obligations” by striking out “: Provided,” and all that follows through “each such session” (22 U.S.C. 278b).
commission on security and cooperation in europe
Sec. 702.
Section 7(a) of the Act entitled “An Act to establish a Commission on Security and Cooperation in Europe”, approved June 3, 1976 (22 U.S.C. 3007(a)), is amended by striking out “$350,000” and inserting in lieu thereof “$550,000”.
japan-united states friendship commission
Sec. 703.
Section 6 of the Japan-United States Friendship Act (22 U.S.C. 2905) is amended—
by striking out “and” at the end of paragraph (9);
by striking out the period at the end of paragraph (10) and inserting in lieu thereof “; and”; and
by inserting immediately after paragraph (10) the following new paragraph:
“(11) transmit its official mail as penalty mail in the same manner and upon the same conditions as an officer of the United States other than a Member of Congress is permitted to transmit official mail as penalty mail under section 3202 of title 39 of the United States Code.”.
The amendments made by this section shall take effect on October
Effective date.
1, 1978.
contribution to the international tin council
Sec. 704.
Effective October 1, 1978, there is authorized to be appropriated
Effective date.
to the President $60,000,000 for the purpose of acquiring tin metal to contribute to the buffer stock of the International Tin Council established under the Fifth International Tin Agreement.
prohibition on aid or reparations to vietnam
Sec. 705.
None of the funds authorized to be appropriated in this Act may be used for the purpose of reparations, aid, or any other form of payment to the Socialist Republic of Vietnam.
The President shall continue to take all possible steps to obtain
Accounting of MIA’s.
a final accounting of all Americans missing in action in Vietnam.
use of foreign air carriers
Sec. 706.
Notwithstanding the limitations established by section
Transportation funds.
1117 of the Federal Aviation Act of 1958 (49 U.S.C. 1517), funds appropriated after the date of enactment of this Act to the Department of State, the International Communication Agency, the Agency for International Development (or any successor agency), and the Arms Control and Disarmament Agency may be used to pay for the transportation, between two places both of which are outside the United States, of officers and employees of those agencies, their dependents, and accompanying baggage, aboard air carriers which do not hold certificates under section 401 of that Act.
travel documentation of aliens and citizens
Sec. 707.
Subsection (a) of section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) is amended by striking out “When the United States” and all that follows through “be unlawful” and insert-ing in lieu thereof “Unless otherwise ordered by the President, it shall be unlawful”.
Subsection (b) of such section is amended to read as follows:
“(b) Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid passport.”.
Subsection (f) of such section is amended by striking out “proclamation,” both places it appears.
Such section is further amended by striking out subsection (c) and redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e),and (f),respectively.
The heading of such section is amended to read as follows:
“travel documentation or aliens and citizens”.
The item relating to section 215 in the table of contents of the Immigration and Nationality Act is amended to read as follows:
reporting and coordination of international agreements
Sec. 708.
Section 112b of title 1, United States Code, is amended—
by inserting “(including the text of any oral international agreement, which agreement shall be reduced to writing)” immediately after “international agreement” in the first sentence;
by inserting “(a)” immediately before the first sentence; and
by adding at the end thereof the following new subsections:
“(b) Not later than March 1, 1979, and at yearly intervals thereafter,
Presidential report, transmittal to Speaker of the House and Senate committee.
the President shall, under his own signature, transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report with respect to each international agreement which, during the preceding year, was transmitted to the Congress after the expiration of the 60-day period referred to in the first sentence of subsection (a), describing fully and completely the reasons for the late transmittal.
“(c) Notwithstanding any other provision of law, an international
Consultation.
agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary of State. Such consultation may encompass a class of agreements rather than a particular agreement.
“(d) The Secretary of State shall determine for and within the executive branch whether an arrangement constitutes an international agreement within the meaning of this section.
“(e) The President shall, through the Secretary of State, promulgate
Rules and regulations.
such rules and regulations as may be necessary to carry out this section.”.
panama canal treaties
Sec. 709.
None of the funds authorized to be appropriated by this
Act may be used directly or indirectly to effect implementation of the Panama Canal Treaty or the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, each signed on September 7, 1977, unless authorized by the Constitution or by Act of Congress.
interparliamentary union
Sec. 710.
The first section of the Act entitled “An Act to authorize participation by the United States in the Interparliamentary Union”, approved June 28, 1935 (22 U.S.C. 276), is amended by striking out “$45,000” in paragraph (2) and inserting in lieu thereof “$90,000”.
commission on hunger and malnutrition
Sec. 711.
There are authorized to be appropriated $1,500,000 for the
fiscal year 1979 and $1,500,000 for the fiscal year 1980 for a commission on global hunger and malnutrition to be created by Executive order by the President. This commission shall (1) assess the policies, organization, and structure of current Federal programs which have an impact on hunger and malnutrition; (2) coordinate, sponsor, and oversee such projects, studies, events, and other activities as the commission deems necessary or desirable, making maximum use of past and ongoing related efforts; (3) conduct such studies, inquiries, meetings, and hearings as the commission deems necessary; and (4) make recommendations to the President and the Congress on policies to increase the capacity of the United States to reduce hunger and malnutrition. Funds authorized to be appropriated by this section shall be expended under the direction of the chairman of the commission.
foreign gifts and decorations received by senators and senate employees
Sec. 712.
Section 7342(a)(6) of title 5, United States Code, is amended—
by striking out “(e)” in subparagraph (A) and inserting in lieu thereof “(e) (1)”; and
by inserting before the semicolon at the end of subparagraph (B) the following: “, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in subsections (c)(2), (d), and (g) (2) (B shall be carried out by the Secretary of the Senate”.
The last sentence of section 7342(c)(2) of such title is amended by striking out “subsection (e)” and inserting in lieu thereof “subsection (e) (1) or provide for its disposal in accordance with subsection (e)(2)”.
The last sentence of section 7342(d) of such title is amended—
by striking out “or” and inserting in lieu thereof “, for”; and
by striking out “subsection (e)” and inserting in lieu thereof “subsection (e)(1), or for disposal in accordance with subsection (e)(2)”.
Section 7342(e) of such title is amended—
by striking out “Gifts” and inserting in lieu thereof “(1) Except as provided in paragraph (2), gifts”;
by striking out “(1)” and “(2)” and inserting in lieu thereof “(A)” and “(B)”, respectively; and
by adding at the end thereof the following new paragraph:
Gifts and decorations received by a Senator or an employee of the Senate that are deposited with the Secretary of the Senate for disposal, or are deposited for an official use which has terminated, shall be disposed of by the Commission on Arts and Antiquities of the United States Senate. Any such gift or decoration may be returned by the Commission to the donor or may be transferred or donated by the Commission, subject to such terms and conditions as it may prescribe, (A) to an agency or instrumentality of (i) the United States, (ii) a State, territory, or possession of the United States, or a political subdivision of the foregoing, or (iii) the District of Columbia, or (B) to an organization described in section 501(c) (3) of the Internal Revenue Code of 1954 which is exempt from taxation under section 501(a)
of such Code. Any such gift or decoration not disposed of as provided in the preceding sentence shall be forwarded to the Administrator of General Services for disposal in accordance with paragraph (1). If the Administrator does not dispose of such gift or decoration within one year, he shall, at the request of the Commission, return it to the Commission and the Commission may dispose of such gift or decoration in such manner as it considers proper, except that such gift or decoration may be sold only with the approval of the Secretary of State upon a determination that the sale will not adversely affect the foreign relations of the United States.”.
In the event that the space and facilities available to the Secretary
of the Senate for carrying out his responsibilities in storing and safeguarding property in his custody under section 7342 of title 5, United States Code, are insufficient for such purpose, he may, with the approval of the Committee on Rules and Administration of the Senate, lease such space and facilities as may be necessary for such purpose. Rental payments under any such lease and expenses incurred in connection therewith shall be paid from the contingent fund of the Senate upon vouchers approved by the Secretary of the Senate.
Approved October 7, 1978.