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k. Department of State Authorization Act, Fiscal Years 1982 and 1983

Partial text of Public Law 97-241 [S. 1193], 96 Stat. 273, approved August 24, 1982, as amended by Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017 at 1030, approved November 22, 1983; Public Law 103–199 [FRIENDSHIP Act, H.R. 3000), 107 Stat. 2317, approved December 17, 1993; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994

AN ACT To authorize appropriations for fiscal years 1982 and 1983 for the Department of State, the International Communication Agency, and the Board for International Broadcasting, and for other purposes.

NOTE. Sections in this Act amend other State Department and foreign relations legislation and are incorporated elsewhere in this compilation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-DEPARTMENT OF STATE

SHORT TITLE

SEC. 101. This title may be cited as the "Department of State Authorization Act, Fiscal Years 1982 and 1983".

AUTHORIZATIONS OF APPROPRIATIONS

SEC. 102. There are authorized to be appropriated for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and other purposes authorized by law, the following

amounts:

(1) For "Administration of Foreign Affairs", $1,245,637,000 for the fiscal year 19821 and $1,248,059,000 for the fiscal year 1983.2

(2) For "International Organizations and Conferences", $503,462,000 for the fiscal year 19823 and $514,436,000 for the fiscal year 1983.4

(3) For "International Commissions", $19,808,000 for the fiscal year 19825 and $22,432,000 for the fiscal year 1983.6

1 Sec. 101(h) of Continuing Appropriations, 1982 (Public Law 97-92; 95 Stat. 1183), and H.R. 4169, as passed by the House and made part of Public Law 97-92, appropriated $1,176,381,000 for the "Administration of Foreign Affairs" during fiscal year 1982, itemized in the following manner: salaries and expenses-$890,758,000; representation allowances-$3,570,000; acquisition, operation, and maintenance of buildings abroad-$185,970,000; acquisition, operation and maintenance of buildings abroad (special foreign currency program)-$9,102,000; emergencies in the diplomatic and consular service-$4,400,000; buying power maintenance-$1,500,000; payment to the American Institute in Taiwan-$7,884,000; and payment to the Foreign Service Retirement and Disability Fund-$73,197,000.

Subsequently, the Supplemental Appropriations Act, 1982 (Public Law 97-257; 96 Stat. 819 at 822), provided the following additional amounts: salaries and expenses-$37,978,000, of which $31,228,000 shall remain available until Sept. 30, 1984; acquisition, operation, and maintenance of buildings abroad-$17,655,000, to remain available until Sept. 30, 1984; payment to the American Institute in Taiwan-$244,000; and payment to the Foreign Service Retirement and Disability Fund-$4,615,000.

2Sec. 101(d) of the Further Continuing Appropriations Act, 1983 (Public Law 97-377; 96 Stat. 1830 at 1876), and S. 2956, as reported in the Senate on Sept. 24, 1982, and made part of Public Law 97-377, appropriated $1,310,232,000 for “Administration of Foreign Affairs" during fiscal year 1983, itemized in following manner: salaries and expenses-$995,000,000; reopening consulates-$1,000,000; representation allowances-$3,876,000; acquisition, operation, and maintenance of buildings abroad-$193,040,000; acquisition, operation, and maintenance of buildings abroad (special foreign currency program) $8,360,000; emergencies in the diplomatic and consular service-$4,400,000; buying power maintenance-$4,500,000; payment to the American Institute in Taiwan-$8,744,000; and payment to the Foreign Service Retirement and Disability Fund $91,312,000.

In addition to the regular fiscal year 1983 appropriation of $1,310,232,000 for the "Administration of Foreign Affairs" contained in Public Law 97-377, the Supplemental Appropriations Act, 1983 (Public Law 98-63) provided the following amounts: salaries and expenses$7,985,000; acquisition, operation, and maintenance of buildings abroad-$22,256,000; payment to the Foreign Service Retirement and Disability Fund-$4,658,000; and salaries and expenses (increased pay costs)-$21,711,000, of which $8,111,000 was derived by transfer from contributions to the international organizations.

Sec. 101(h) of the Continuing Appropriations Act, 1982 (Public Law 97-92; 95 Stat. 1183) and H.R. 4169, as passed by the House and made part of Public Law 97-92, appropriated $466,462,000 for "International Organizations and Conferences" during fiscal year 1982 itemized in the following manner: contributions to international organizations-$398,240,000 including funds for the payment of assessed contributions to the Pan American Health Organization, and to reimburse the Pan American Health Organization for payments under the tax equalization program for employees who are U.S. citizens; contributions for international peacekeeping activities--$60,938,000; international conferences and contingencies-$7,284,000.

Sec. 101(d) of the Further Continuing Appropriations Act, 1983 (Public Law 97–377; 96 Stat. 1830 at 1877), and S. 2956, as reported in the Senate on Sept. 24, 1982, and made part of Public Law 97-377, appropriated $526,915,000 for "International Organizations and Conferences" during fiscal year 1983 itemized in the following manner: contributions to international organizations-$444,315,000, of which $12,506,000 shall be for payment of the full 1983 assessed contributions to the Inter-American Institute for Cooperation on Agriculture; contributions for international peacekeeping activities-$73,400,000, of which not more than $50,000,000 shall be available for contributions to a United Nations Transition Assistance Group, upon a determination by the President; and international conferences and contingencies-$9,200,000.

Sec. 101(h) of the Continuing Appropriations Act, 1982 (Public Law 97-92; 95 Stat. 1183), and H.R. 4169, as passed by the House and made part of Public Law 97-92, appropriated $20,197,000 for "International Commissions" during fiscal year 1982 itemized in the following manner: International Boundary and Water Commission, United States and Mexico, salaries and expenses-$7,927,000, and for detailed plan preparation and construction of authorized projects-$1,186,000; American sections, international commissions-$2,847,000; and international fisheries commissions-$8,237,000. Subsequently, the Supplemental Appropriations Act, 1982 (Public Law 97-257; 96 Stat. 819 at 823) provided the following additional amounts: American Sections, International Commissions-$95,000 for the International Joint Commission to remain available until Sept. 30, 1983.

Sec. 101(d) of the Further Continuing Appropriations Act, 1983 (Public Law 97-377; 96 Stat. 1830 at 1866), and S. 2956, as reported in the Senate on Sept. 24, 1982 and made part of Public Law 97-377, appropriated $20,198,000 for "International Commissions" during fiscal year 1983 itemized in the following manner: International Boundary and Water Commission, United

Continued

(4) For "Migration and Refugee Assistance", $504,100,000 for the fiscal year 19827 and $460,000,000 for the fiscal year 1983.8

REOPENING CERTAIN UNITED STATES CONSULATES

SEC. 103. (a) Notwithstanding any other provision of law, $400,000 of the funds available for the fiscal year 1982 for "Salaries and Expenses" of the Department of State are hereby reprogrammed for, and shall be used by the Department for, the expenses of operating and maintaining the consulates specified in subsection (c) of this section.9

(b) None of the funds made available under this or any other Act for "Administration of Foreign Affairs" may be used for the establishment or operation of any United States consulate that did not exist on the date of enactment of this Act (other than the consulates specified in subsection (c)) until all the United States consulates specified in subsection (c) have been reopened as required by section 108 of the Department of State Authorization Act, Fiscal

States and Mexico-$8,754,000; American sections, international commissions—$2,918,000; and international fisheries commissions-$8,526,000.

In addition to the regular fiscal year 1983 appropriation of $20,198,000 contained in Public Law 97-377, the Supplemental Appropriations Act, 1983 (Public Law 98-63) provided $174,000 for the International Boundary and Water Commission, United States and Mexico, for increased pay costs.

Foreign Assistance and Related Programs Appropriations Act, 1982 (Public Law 97-121; 95 Stat. 1652), provided the following:

"MIGRATION AND REFUGEE ASSISTANCE

"For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross and assistance to refugees, including contributions to the Intergovernmental Committee for European Migration and the United Nations High Commissioner for Refugees; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980, allowances as authorized by sections 5921 through 5925 of title 5, United States Code; hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $503,000,000: Provided, That $30,000,000 of this amount shall be transferred to the Agency for International Development to be used only for resettlement services and facilities for refugees and displaced persons in Africa: Provided further, That $5,000,000 of this amount shall be used for assistance for persons displaced by strife in El Salvador as provided in H.R. 3566 as reported May 19, 1981: Provided further, That these funds shall be administered in a manner that insures equity in the treatment of all refugees receiving Federal assistance: Provided further, That no funds herein appropriated shall be used to assist directly in the migration to any nation in the Western Hemisphere of any person not having a security clearance based on reasonable standards to insure against Communist infiltration in the Western Hemisphere: Provided further, That not more than $7,426,000 of the funds appropriated under this heading shall be available for the administrative expenses of the Office of Refugee Programs of the Department of State."

8 Appropriations for "Migration and Refugee Assistance", as well as all foreign assistance programs, during fiscal year 1983 are included in the Further Continuing Appropriations Act, 1983 (Public Law 97-377). Under the terms of this Act, appropriations for foreign aid are set at the rates and conditions provided in Public Law 97-121, Foreign Assistance Appropriations Act of 1982, except for certain programs. The exceptions to Public Law 97-121 are stated in the Further Continuing Appropriations Act, 1983, which includes the following: "$395,000,000 for Migration and Refugee Assistance' (without applying prior year earmarking of funds)." See footnote 7 above for text of the terms and conditions stipulated in Public Law 97-121 for migration and refugee assistance.

Sec. 307 of Supplemental Appropriations Act, 1982, (Public Law 97–257; 96 Stat. 875) provided the following:

"SEC. 307. Notwithstanding any other provision of law, none of the funds made available by this or any other Act, heretofore or hereafter enacted, may be used to carry out section 103 and section 305(dX3) of S. 1193 An Act to authorize appropriations for fiscal years 1982 and 1983 for the Department of State, the International Communication Agency and the Board for International Broadcasting, and for other purposes, unless reprogrammed in accordance with the procedures established by the Committees on Appropriations of the House and Senate."

Years 1980 and 1981, to the extent such reopening is authorized by the foreign government involved. 10

(c) The consulates referred to in subsections (a) and (b) of this section are the consulates in the following locations: Turin, Italy; Salzburg, Austria; Goteborg, Sweden; Bremen, Germany; Nice, France; Mandalay, Burma; and Brisbane, Australia.

RESTRICTIONS RELATING ΤΟ PALESTINIAN RIGHTS UNITS AND PROJECTS PROVIDING POLITICAL BENEFITS TO THE PALESTINE LIBERATION ORGANIZATION

SEC. 104. (a) Funds appropriated under paragraph (2) of section 102 of this Act may not be used for payment by the United States, as its contribution toward the assessed budget of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less

(1) 25 percent of the amount budgeted for that year for the Committee on the Exercise for the Inalienable Rights of the Palestinian People (or any similar successor entity); and

(2) 25 percent of the amount budgeted for that year for the Special Unit on Palestinian Rights (or any similar successor entity); and

(3) 25 percent of the amount budgeted for that year for projects whose primary purpose is to provide political benefits to the Palestine Liberation Organization or entities associated with it.

(b) Funds appropriated under paragraph (2) of section 102 of this Act may not be used for payment by the United States, as its contribution toward the assessed budget of any specialized agency of the United Nations for any year, of any amount which would cause the total amount paid by the United States as its assessed contribution for that year to exceed the amount assessed as the United States contribution for that year less 25 percent of the amount budgeted by such agency for that year for projects whose primary purpose is to provide political benefits to the Palestine Liberation Organization or entities associated with it.

(c) 11 The President shall annually review the budgets of the United Nations and its specialized agencies to determine which projects have the primary purpose of providing political benefit to the Palestine Liberation Organization. The President shall report to the Congress on any such project for which a portion of the United States assessed contribution is withheld and the amount withheld.

(d) Subsections (a)(3) and (b) shall not be construed as limiting United States contributions to the United Nations, or its specialized agencies, for projects whose primary purpose is to provide hu

10 Sec. 139/8) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236, 108 Stat. 398), struck out the second sentence in this subsec., which required a report be submitted to the Committees on Foreign Relations and Foreign Affairs concerning the reopening of consulates.

Sec. 3 of Executive Order 12374 (July 28, 1982; 47 F.R. 32903), as amended by Executive Order 12408 (Feb. 23, 1983; 48 F.R. 8035) stated that the functions vested in the President under this subsection are delegated to the Secretary of State. Executive Order 12408 was revoked by Executive Order 12553.

manitarian, educational, developmental, and other nonpolitical benefits to the Palestinian people.

PAYMENT OF ASSESSED CONTRIBUTIONS FOR CERTAIN INTERNATIONAL

ORGANIZATIONS

SEC. 105. (a) Funds authorized to be appropriated for the fiscal year 1982 by paragraph (2) of section 102 of this Act shall be used for payment of the entire amount payable for the United States contribution for the calendar year 1982 to the Organization of American States, to the Pan American Health Organization, and to the Inter-American Institute for Cooperation on Agriculture.

(b) Funds authorized to be appropriated for the fiscal year 1983 by paragraph (2) of section 102 of this Act shall be used for payment of the entire amount payable for the United States contribution for the calendar year 1983 to the Organization of American States, to the Pan American Health Organization, and to the InterAmerican Institute for Cooperation on Agriculture.

(c) For purposes of this section, the term "United States contribution" means the United States assessed contribution to the budget of the Organization of American States, the Pan American Health Organization, or the Inter-American Institute for Cooperation on Agriculture, as the case may be, plus amounts required to be paid by the United States or minus amounts credited to the United States (as appropriate) under that organization's tax equalization

program.

INTERNATIONAL COMMITTEE OF THE RED CROSS

SEC. 106. Of the amounts authorized to be appropriated by paragraph (4) of section 102 of this Act, $1,500,000 shall be available for the fiscal year 1982 and $1,500,000 shall be available for the fiscal year 1983 only for the International Committee of the Red Cross to support the activities of the protection and assistance program for "political" detainees.

ASSISTANCE FOR REFUGEES SETTLING IN ISRAEL

SEC. 107. Of the amounts authorized to be appropriated by paragraph (4) of section 102 of this Act, $12,500,000 for the fiscal year 1982 and $16,875,000 for the fiscal year 1983 shall be available only for assistance for the resettlement in Israel of refugees from the Union of Soviet Socialist Republics, from Communist countries in Eastern Europe, and from other countries.

UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL

ORGANIZATION

SEC. 108. (a) The Congress finds that

(1) a free press is vital to the functioning of free governments;

(2) Article 19 of the Universal Declaration of Human Rights provides for the right to freedom of expression and to "seek, receive, and impart information and ideas through any media and regardless of frontiers";

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