Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

(Measure indefinitely postponed in Senate, H.R. 2068 passed in lieu)

Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 - Title I: Department of State: - Authorizes appropriations for FY 1986 and 1987 for the Department of State for: (1) administration of foreign affairs; (2) international organizations and conferences; (3) international commissions; (4) migration and refugee assistance; (5) U.S. bilateral science and technology agreements; and (6) Soviet-East European research and training. Limits, with a specified exception, the amount of authorized appropriations for such accounts to the amounts authorized above.

Earmarks specified amounts out of the funds authorized for the administration of foreign affairs for payment to the Foreign Service Retirement and Disability Fund.

Earmarks specified amounts out of the international organizations and conferences funds for: (1) payments to the United Nations for expenses of the United Nations peacekeeping forces in the Middle East; and (2) the World Commission on Environment and Development.

Directs the Secretary of State (the Secretary) to notify specified congressional committees whenever the Secretary submits to the Congress a request for appropriations pursuant to authorizations for certain nondiscretionary costs and for certain Foreign Service benefits.

Earmarks a specified amount of the FY 1986 authorization for administration of foreign affairs for security-related capital projects and improvements and the salaries and expenses associated with security-related personnel.

Earmarks specified amounts of the migration and refugee assistance funds for: (1) refugees resettling in Israel; (2) the International Committee of the Red Cross. Limits the amount of migration and refugee assistance funds that may be used for enhanced reception and placement services.

Amends the Migration and Refugee Assistance Act of 1962: (1) to authorize the President to furnish aid under such Act notwithstanding any law which restricts aid to foreign countries; and (2) to authorize using migration and refugee assistance to pay for contracting for personal services abroad.

Increases the number of Assistant Secretaries of State from 13 to 14.

Changes the title of the Under Secretary of State for Economic Affairs to the Under Secretary of State for Agricultural Affairs.

Amends the Department of State Appropriations Authorization Act of 1973 to provide that the State Department need not be reimbursed for the detailing of State Department employees to another executive department or agency if the number of employees so detailed at any one time does not exceed 15 and the period of such detail does not exceed two years.

Amend the State Department Basic Authorities Act of 1956 to authorize the Secretary to employ individuals or organizations, by contract, for services abroad, and persons employed by such contracts shall not be considered Federal employees except for purposes relating to compensation for work injuries.

Amends the Foreign Service Act of 1980 to authorize the Secretary of Commerce to appoint an individual to a limited appointment in the Senior Foreign Service for a specific position abroad if: (1) no career member of the Foreign Service who has the necessary qualifications is available to serve in the position; and (2) the individual appointed has unique qualifications for the specific position.

Expresses the sense of the Congress: (1) that it is in the national interest to make more productive use in U.S. missions abroad of the resources of spouses of American personnel assigned abroad; and (2) that the Secretary should conduct a pilot project to test appropriate means of increasing employment of qualified spouses and report to the Congress by February 1, 1986, on the project.

Directs the Secretary to conduct a comprehensive study on the feasibility and desirability of creating a program of lateral entry into the Foreign Service for American businessmen, farmers, and other occupations. Directs the Secretary to report to the Congress on such study within 180 days of enactment of this Act.

Amends the Foreign Service Act of 1980 to require the Secretary to establish a health care program for the Foreign Service. (Current law authorizes such program.) Authorizes the program to include preventive and remedial care and services as necessary. Authorizes the Secretary to pay for the cost of treatment of a person who incurs an illness, injury, or medical condition which requires treatment while assigned to a post abroad or located overseas pursuant to Government authorization.

Authorizes the Department of State in consultation with the General Services Administration (GSA) to acquire a site and to construct a consolidated training facility for the Foreign Service Institute within reasonable proximity to the Department of State. Authorizes appropriations for FY 1986 and 1987 for preparation of plans and site acquisition. Prohibits obligating such funds until 30 days after certain plans and estimates are submitted to the Congress.

Amends the International Center Act to authorize the Department of State to request GSA to develop a security and maintenance facility within the Federal Diplomatic Center.

Authorizes the Secretary to provide extraordinary protective services for foreign missions to the extent necessary. Authorizes the Secretary to provide funds to a State or local authority for protective services only if the Secretary has determined that circumstances exist which require extraordinary security measures which exceed those which local law enforcement agencies can reasonably be expected to take. Authorizes obligating funds for such purposes only after regulations have been issued after consultation with the appropriate congressional committees. Limits the amount of such funds that may be obligated for protective services within any single State. Requires that at least 15 percent of such funds shall be kept in reserve for protective services provided by the Secretary or for expenditures in local jurisdictions not otherwise covered by an agreement for protective services.

Limits an agreement with a State or local authority for the provision of protective services to 90 days subject to renewal.

Authorizes the Secretary of the Treasury to carry out by contract certain functions relating to protection of foreign diplomatic missions.

Directs the Secretary to consider matters relating to the protection of U.S. interests in determining the treatment to be accorded a foreign mission in the United States.

Authorizes the Secretary to require a foreign mission to forego the acceptance, use, or relation of a benefit.

Authorizes the Secretary to require a foreign mission to divest itself of or forego the use of real property if the Secretary determines it is necessary to protect the interests of the United States.

Directs the Secretary to require foreign missions to notify the Director of the Office of Foreign Missions of any real property dealings by the foreign missions.

Authorizes the Secretary to use funds available to the Secretary to pay for U.S. participation in arbitrations: (1) for the peaceful resolution of disputes under treaties or other international agreements; and (2) arising under contracts authorized by law for the performance of services or acquisition of property abroad.

Amends the Foreign Assistance Act of 1961 to authorize the Secretary to transfer Government-owned excess property to any friendly country, international organization, the American Red cross, or other voluntary nonprofit relief agency in order to support development assistance activities which are designed to enhance environmental protection in foreign countries if the Secretary makes a specified determination with regard to such property. Expresses the sense of the Congress that the United States should not accept a gift of any residence as an official residence for the Secretary unless the Congress has had an opportunity to review the proposed gift. Directs the Secretary to study any offer of such a gift and to report to the Congress on the study's findings.

Directs the Secretary to report to the Congress within 90 days of enactment of this Act on proposals to improve the staffing and personnel management in the Bureau of International Narcotics Matters, specifically whether a narcotics specialist personnel category in the Foreign Service is an appropriate mechanism.

Requires the Department of State, in order to ensure that foreign narcotics traffickers are denied visas, to cooperate with U.S. law enforcement agencies in establishing a comprehensive information system on all drug arrests of foreign nationals in the United States so such information can be sent to the appropriate U.S. embassies. Requires the National Drug Enforcement Policy Board to agree on uniform guidelines which would permit the sharing of information on drug traffickers. Requires the Chairman of the National Drug Enforcement Policy board to report to the Congress, within six months of enactment of this Act, on steps taken to implement such information network.

Recommends that the Secretary issue a travel advisory warning U.S. citizens of the dangers of traveling in the state of Jalisco, Mexico. Requires the travel advisory to remain in effect until those responsible for the murder or abduction of specified U.S. citizens have been brought to trial and a verdict has been obtained.

Directs the Secretary to report to the Congress every 90 days on the progress made in the case of the murder of Enrique Camarena Salazar, the investigations of the disappearances of U.S. citizens, and the general safety of U.S. tourists in Mexico.

Expresses the sense of the Congress that: (1) the U.S. representatives to international organizations should oppose the adoption of international marketing and distribution regulations or restrictions which unnecessarily impede the export of U.S. goods and services; and (2) the Secretary shall provide interested persons with an opportunity to comment on such regulations or restrictions that may significantly affect U.S. interstate or foreign commerce, U.S. policies or programs, or any state significantly affected by interstate or foreign commerce.

Amends the State Department Basic Authorities Act of 1956 to authorize regulating the activities of U.N. employees (including employees of the U.N. Secretariat) outside the United Nations Headquarters District in a manner determined to be in the best interests of the United States and pursuant to the United Nations Headquarters Agreement Act. Exempts U.S. nationals from such regulations. Requires the Secretary of State to report to the Congress on plans to implement this Act. Authorizes the President to waive such restrictions.

Amends the Department of State Authorization Act, Fiscal Years 1984 and 1985 to require the United States to reduce its annual assessed contribution to the United Nations by a specified percentage for each month in which U.S. participation is suspended if Israel is expelled from the United Nations.

Directs the Secretary to seek the adoption by the United Nations and its specialized agencies of procedures which grant voting rights to each member state on budget matters. Limits the U.S. payments to the United Nations or its agencies unless such voting rights are adopted.

Limits the amount of the U.S. payment to the United Nations to its assessed contribution for a fiscal year less: (1) 25 percent of the amount budgeted for that year for the Committee on Elimination of Racial Discrimination; (2) 25 percent of the amount budgeted for any other United Nations agencies or conference whose purpose is to implement General Assembly resolution 33/79; and (3) 25 percent of the amount budgeted for the conference center to be built for the Economic Commission for Africa in Addis Ababa, Ethiopia.

Prohibits the United States from contributing more than 20 percent of the annual budget of the United Nations unless the Secretary certifies that: (1) the United Nations has adopted a procedure for weighted voting on budgetary matters; and (2) the United Nations has adopted a plan to reduce the salaries and pensions of its employees. Requires funds for UNICEF to remain available to the President if UNICEF does not comply with budget voting reforms.

Authorizes the President to maintain U.S. membership in the International Jute Organization.

Requires that an Inspector General shall be established for the Department of State and the U.S. Information Agency by June 30, 1986. Sets forth the duties of such Inspector General. Directs the Secretary to report to the Congress on the steps the Secretary has taken to provide for an Inspector General.

Amends the Foreign Service Act of 1980 to change the chair of the Board of the Foreign Service from a career member of the Senior Foreign Service designated by the Secretary of State to an individual appointed by the President.

Allows the appointment of a Director General of the Foreign Service from outside the ranks of the Senior Foreign Service. Provides that neither the Board members nor the Chair need be members of the Senior Foreign Service. Excludes members of the Senior Foreign Service from the employee's bargaining unit.

Title II: United States Information Agency - Authorizes appropriations for FY 1986 and 1987 for the U.S. Information Agency (USIA). Earmarks specified portions of such authorization for: (1) implementation of the Radio Broadcasting to Cuba Act; (2) the Fulbright Academic Exchange Programs and the International Visitor Program; (3) the Humphrey Fellowship Program; (4) grants and exchanges to Latin America and the Caribbean; (5) the worldwide book program initiative; (6) exchange-related activities associated with the 1987 Pan American Games; (7) for certain international games for the handicapped; and (8) the National Endowment for Democracy.

Prohibits using funds authorized for the USIA to influence public opinion in the United States and prohibits distributing USIA material in the United States.

Prohibits making any grants to any organization through the USIA's Private Sector Program unless 25 percent of such organizations funds come from non-Government sources. Prohibits using any FY 1986 appropriations of the USIA for 1985 International Youth Year activities.

National Endowment for Democracy Authorization Act, Fiscal Years 1986 and 1987 - Amends the National Endowment for Democracy Act to prohibit using Endowment funds granted to political party institutes to finance activities of the Republican National Committee or the Democratic National Committee.

Prohibits funding to the Endowment until the Endowment fully complies with the Freedom of Information Act.

Provides specified amounts of USIA funds for the Endowment for FY 1986 and 1987. Earmarks specified amounts for the Free Trade Union Institute and for the Center for International Private Enterprise.

Authorizes the USIA to audit the Endowment.

Expresses the sense of the Congress that the USIA should make a grant for each of FY 1986 and 1987 to the Endowment to finance programs that are designed to promote democracy and that seek to end apartheid in South Africa. Requires the programs funded by such grants to be programs that reflect the aspirations of the indigenous majority of South Africans and not to be programs controlled by the Government of South Africa.

Amends the United States Information and Education Exchange Act of 1948 to direct the Director of the U.S. Information Agency (USIA) to provide for the distribution in the United States of the USIA films: (1) "Hal David: Expressing a Feeling"; (2) "Afghanistan 1982: the Struggle for Freedom Continues"; (3) "We are Afghanistan," and (4) "Afghanistan: The Hidden War."

Title III: Board for International Broadcasting - Amends the Board for International Broadcasting Act of 1973 to authorize appropriations for the Board for International Broadcasting for FY 1986 and 1987. Earmarks specified amounts of such authorization for Radio Maccabee and for Radio Free Afghanistan.

Declares that one of the reasons the Board should exist is to encourage a constructive dialogue with Afghanistan (as long as it is under Soviet occupation).

Makes the Secretary of State an ex officio member of the Board of International Broadcasting. Prohibits the Secretary from being a member of the Board of Directors for RFE/RL.

Prohibits funding for RFE/RL unless it establishes a radio program in Russian aimed at the Jewish population of the Soviet Union (Radio Maccabee).

Title IV: the Asia Foundation - Asia Foundation Authorization Act, Fiscal Years 1986 and 1987 - Amends the Asia Foundation Act to authorize appropriations for FY 1986 and 1987 for the Asia Foundation.

Title V: Iran Claims Settlement - Iran Claims Settlement Act - Authorizes the U.S. Foreign Claims Settlement Commission to determine the validity of claims by U.S. nationals against Iran which are settled en bloc by the United States. Requires the Commission to apply in the following order: (1) the terms of any settlement agreement; (2) the relevant provisions of the Declarations of the Government of Algeria of January 19, 1981, giving consideration to the interpretations of the Iran-United States Claims Tribunal; and (3) applicable principles of international law, justice, and equity. Requires the Commission to certify to the Secretary of the Treasury any awards made. Authorizes the Secretary of the Treasury to make payments of the lesser of $10,000 or the principal amount of an award.

Deducts one and one-half percent of the amount of an award of up to $5,000,000 and one percent of any award over such amount as reimbursement to the U.S. for expenses incurred in the arbitration of the claim and the maintenance of the Security Account established to cover such awards. Declares that such deduction shall not apply to an amount awarded for an en bloc settlement.

Authorizes the Secretary to reimburse the Federal Reserve Bank of New York for expenses incurred in the settlement or arbitration of such claims.

Prohibits the disclosure of records pertaining to the arbitration of claims before the Iran-United States Claims Tribunal except for certain U.S. documents.

Title VI: United States Scholarship Program for Developing Countries - Directs the President, acting through the USIA to provide an undergraduate scholarship program for citizens and nationals of developing countries to study at U.S. institutions of higher education. Requires that half of each payment to a student shall be in the form of a loan with repayment to be forgiven upon the student's prompt return to his or her country of origin for a period of no less than the number of years spent studying in the United States plus one. Requires half the loan to be forgiven if the student is granted asylum in the United States or if the student is admitted to the United States as a refugee. Sets forth guidelines for implementing the program. Authorizes the President to enter into agreements with foreign governments to further the scholarship program.

Urges the Administrator of the agency primarily responsible for administering development assistance programs, in implementing such programs, to increase assistance for undergraduate scholarships for students of limited financial means from developing countries to study in the United States. Urges the Director of the USIA to expand opportunities for students from developing countries to receive financial aid for postgraduate study at U.S. institutions of higher education. Urges the President to take steps to expand the opportunities for Americans from all economic classes to study in developing countries.

Authorizes the President to establish counseling and orientation services: (1) abroad to prepare foreign students for study in the United States; and (2) at U.S. schools to help them while they are in the United States.

Directs the Board of Foreign Scholarships to advise and assist the President in the discharge of programs authorized by this Act.

Requires the public and private sectors in the United States to be encouraged to contribute to the costs of the programs financed under this Act. Directs the President to engage the public and private sectors of developing countries in programs to maximize the use of program participants upon their return to their own countries. Authorizes the President to publicize the scholarship program abroad. Directs the President to encourage U.S. schools attended by students receiving scholarships under this Act to provide opportunities for U.S. students to develop their knowledge of the foreign students' cultures.

Authorizes the President to provide English instruction abroad when necessary.

Requires the President to report annually to the Congress on the activities taken pursuant to this Act.

Requires the undergraduate scholarship program financed by the USIA for students from Central America for FY 1986 and 1987 to be conducted in accordance with this Act. Provides for funding to carry out other scholarship programs under this title.

Earmarks at least 25 percent of funds authorized for this title to fund grants and exchanges to Latin America and the Caribbean.

Requires the Director of the USIA and the Administrator of AID to report jointly to the Congress by December 15, 1985, on the feasibility of greater use in those two agencies' scholarship and participant training programs in universities located in areas characterized by sizable Hispanic populations.

Foreign Surveillance Prevention Act of 1985 - Directs the President to take specified actions if a person with diplomatic immunity is engaging in electronic surveillance for a foreign power in the United States.

Requires the President to inform the Congress of the suspected electronic surveillance. Directs the President, unless it would compromise U.S. intelligence gathering, to: (1) inform the persons reasonably believed to be targets of such surveillance; (2) inform the representative of the foreign power and demand that the surveillance end; and (3) declare the person doing the surveillance, if the surveillance does not end within a specified time, to be persona non grata in the United States and demand that such person leave the country.

Title VII: Arms Control and Disarmament - Arms Control and Disarmament Amendment Act of 1985 - Amends the Arms Control and Disarmament Act to authorize supplemental appropriations for FY 1985 for the Arms Control and Disarmament Agency.

Authorizes appropriations for FY 1986 and 1987 for the Arms Control and Disarmament Agency. Earmarks a specified portion of such authorization for arms control negotiation with the Soviet Union.

Directs the President to report annually to the Congress on U.S. adherence and the adherence of other nations to bilateral and multilateral arms control agreements.

Expresses the sense of the Senate that the Secretary of State should submit to the Congress as soon as possible a report on the feasibility, costs, location, and requirements of a structure to house the U.S. arms control negotiating teams in Geneva and that this matter should be included in the 1985 supplemental appropriation process.

Expresses the sense of the Congress that the President should: (1) be commended for his efforts to negotiate a multilateral agreement banning chemical weapons; (2) continue to pursue such an agreement; and (3) seek the continuation and the development of bilateral discussions between the United States and the Soviet Union to achieve a verifiable ban on chemical weapons.

Expresses the sense of the Congress that the President should propose to the Soviet Union during arms control talks: (1) that the United States and the Soviet Union should establish a joint commission to study the environmental and other effects of nuclear explosions (nuclear winter) and their impact on the security of both nations; (2) that the work of such joint commission should include the sharing and exchange of information and findings on the nuclear winter phenomena; and (3) that the United Kingdom, France, and the People's Republic of China should be involved in the work of such joint commission.

Title VIII: Miscellaneous Provisions - Amends the National Emergencies Act to provide for termination of such Act by enactment of a joint resolution.

Amends the Trading with the Enemy Act to authorize the Attorney General to make an ex gratia payment to Switzerland.

Expresses the sense of the Congress that the President should propose during arms talks with the Soviet Union that the United States and the Soviet Union should jointly study the consequences of nuclear winter and its effect on the national security of both countries.

Requires the Export-Import Bank to report to the Congress, within 30 days of enactment of this Act, on the terms of all aid provided to foreign nations that produce or export coal for the purpose of assisting in the development of coal production, transportation, or export.

States that the United States does not recognize any spheres of influence in Europe and repudiates the negative consequences of the Yalta agreements of 1945.

Proclaims hope for the self-determination of the people of Eastern Europe.

Expresses the sense of the Congress that: (1) the Soviet Union has violated the human rights of the Pentecostal community in Chuguyevka by hindering the practice of their religious belief and by refusing to allow them to emigrate; (2) Soviet personnel violated the human rights of the four Pentecostals who tried to enter the U.S. embassy in Moscow; (3) the State Department should continue to assure the safety of the four persons who tried to enter the embassy and to try to persuade the Soviet Union to allow the member of the Pentecostal community in Chuguyevka to emigrate to the West; and (4) the Secretary should study U.S. policy on granting asylum in U.S. embassies.

Expresses the sense of the Congress that: (1) one important element of a peaceful future for Taiwan is greater participation in the political process by all the people on Taiwan; and (2) the United states should encourage the Taiwan authorities to work vigorously toward this end.

Expresses the sense of the Congress that the Secretary and the Secretary of Commerce should take steps to increase U.S.-China trade.

Amends the United States-India Fund for Cultural Educational, and Scientific Cooperation Act to authorize using the annual earnings generated by specified money appropriated to the U.S.-India Fund for cultural, educational, and scientific programs of mutual interest.

Expresses the sense of the Congress that: (1) the Secretary of the Treasury and the Chairman of the Federal Reserve Board in concert with other banks should take steps to lower gradually the value of the dollar; (2) such steps should not exclude intervention in the foreign exchange markets; and (3) the Secretary of the Treasury and the Chairman should work to ensure that the domestic macroeconomic policies of the United States and its allies are forged to reinforce rather than oppose one another.

Commends Mayor Teddy Kollek of Jerusalem for his efforts over the years.

Expresses the sense of the Congress that Japan should implement a defense plan for 1986 through 1990 containing sufficient resources to obtain a 1,000 mile airspace and sealanes defense capability. Directs the President to report annually to the Congress on Japan's progress toward fulfilling its self-defense commitment.

Diplomatic Equivalence and Reciprocity Act of 1985 - Declares that it is congressional policy that the number of Soviet nationals admitted to the United States who serve as diplomatic or consular personnel shall not exceed to the number of U.S. nationals admitted to the Soviet Union in such capacity,

Establishes the International Narcotics Control Commission to: (1) monitor and promote international compliance with narcotics control treaties; and (2) monitor and encourage U.S. Government and private programs seeking to expand international cooperation against drug abuse and narcotics trafficking. Sets forth administrative provisions. Authorizes appropriations.

Authorizes appropriations for humanitarian assistance to Nicaragua. Prohibits the use of U.S. funds to support activities against Nicaragua's government which have not been authorized by law and which would place the United States in violation of its obligations under the charter of the Organization of American States.

Declares that the President should explore and promote methods of providing food aid to the Nicaraguan people through private voluntary agencies and the Catholic Church.

Directs the USIA to develop a public information campaign to inform appropriate nations as to the advantages of lowering tariff and non-tariff barriers on agricultural products.

Amends the International Security and Development Cooperation Act of 1980 to repeal the Clark Amendment which prohibits aid to rebels in Angola.

Requires the Department of Defense to report to the Congress on the military consequences of Soviet violations of arms control treaties and agreements.