§ 2656. — Management of foreign affairs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2656]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 38--DEPARTMENT OF STATE
Sec. 2656. Management of foreign affairs
The Secretary of State shall perform such duties as shall from time
to time be enjoined on or intrusted to him by the President relative to
correspondences, commissions, or instructions to or with public
ministers or consuls from the United States, or to negotiations with
public ministers from foreign states or princes, or to memorials or
other applications from foreign public ministers or other foreigners, or
to such other matters respecting foreign affairs as the President of the
United States shall assign to the Department, and he shall conduct the
business of the Department in such manner as the President shall direct.
(R.S. Sec. 202.)
Codification
R.S. Sec. 202 derived from acts July 27, 1789, ch. 4, Sec. 1, 1
Stat. 28; Sept. 15, 1789, ch. 14, Sec. 1, 1 Stat. 68.
Section was formerly classified to section 156 of Title 5 prior to
the general revision and enactment of Title 5, Government Organization
and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378.
Delegation of Functions
Functions of President respecting certain facilities constructed and
maintained on United States borders delegated to Secretary of State, see
Ex. Ord. No. 11423, Aug. 16, 1968, 33 F.R. 11741, set out as a note
under section 301 of Title 3, The President.
Presidential Directive
National Intelligence Authority and Central Intelligence Group,
established by Presidential Directive, Feb. 1, 1946, 11 F.R. 1337, to
coordinate Federal foreign intelligence activities, ceased to exist upon
creation of Central Intelligence Agency; personnel, property and records
of the group were transferred to the Agency; and unexpended funds of the
group were made available to the Agency, by act July 26, 1947, ch. 343,
title I, Sec. 102, 61 Stat. 497, set out as section 403 of Title 50, War
and National Defense.
East Timor Transition to Independence
Pub. L. 107-228, div. A, title VI, subtitle C, Sept. 30, 2002, 116
Stat. 1399, provided that:
``SEC. 631. SHORT TITLE.
``This subtitle may be cited as the `East Timor Transition to
Independence Act of 2002'.
``SEC. 632. BILATERAL ASSISTANCE.
``(a) Authority.--The President, acting through the Administrator of
the United States Agency for International Development, is authorized
to--
``(1) support the development of civil society, including
nongovernmental organizations in East Timor;
``(2) promote the development of an independent news media;
``(3) support job creation, including support for small business
and microenterprise programs, environmental protection, sustainable
development, development of East Timor's health care infrastructure,
educational programs, and programs strengthening the role of women
in society;
``(4) promote reconciliation, conflict resolution, and
prevention of further conflict with respect to East Timor, including
establishing accountability for past gross human rights violations;
``(5) support the voluntary and safe repatriation and
reintegration of refugees into East Timor;
``(6) support political party development, voter education,
voter registration, and other activities in support of free and fair
elections in East Timor; and
``(7) promote the development of the rule of law.
``(b) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to the
President to carry out this section $25,000,000 for the fiscal year
2003.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are authorized
to remain available until expended.
``SEC. 633. MULTILATERAL ASSISTANCE.
``The Secretary of the Treasury shall instruct the United States
executive director at each international financial institution to which
the United States is a member to use the voice, vote, and influence of
the United States to support economic and democratic development in East
Timor.
``SEC. 634. TRADE AND INVESTMENT ASSISTANCE.
``(a) OPIC.--The President should initiate negotiations with the
Government of East Timor to enter into a new agreement authorizing the
Overseas Private Investment Corporation to carry out programs with
respect to East Timor in order to expand United States investment in
East Timor, emphasizing partnerships with local East Timorese
enterprises.
``(b) Trade and Development Agency.--
``(1) In general.--The Director of the Trade and Development
Agency is authorized to carry out projects in East Timor under
section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421).
``(2) Authorization of appropriations.--
``(A) In general.--There are authorized to be appropriated
to the Trade and Development Agency to carry out this subsection
$1,000,000 for fiscal year 2003.
``(B) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subparagraph (A) are
authorized to remain available until expended.
``(c) Export-Import Bank.--The Export-Import Bank of the United
States should expand its activities in connection with exports to East
Timor to the extent such activities are requested and to the extent
there is a reasonable assurance of repayment.
``SEC. 635. GENERALIZED SYSTEM OF PREFERENCES.
``As soon as possible after the enactment of this Act [Sept. 30,
2002], the United States Trade Representative and the Commissioner of
Customs should send an assessment team to East Timor to compile a list
of duty-free eligible products so that the Government of East Timor can
begin the process of applying for General System of Preference benefits.
``SEC. 636. AUTHORITY FOR RADIO BROADCASTING.
``The Broadcasting Board of Governors should broadcast to East Timor
in an appropriate language or languages.
``SEC. 637. SECURITY ASSISTANCE FOR EAST TIMOR.
``(a) Study and Report.--
``(1) Study.--The President shall conduct a study to determine--
``(A) the extent to which East Timor's security needs can be
met by the transfer of excess defense articles under section 516
of the Foreign Assistance Act of 1961 [22 U.S.C. 2321j];
``(B) the extent to which international military education
and training (IMET) assistance will enhance professionalism of
the armed forces of East Timor, provide training in human
rights, and promote respect for human rights and humanitarian
law; and
``(C) the terms and conditions under which such defense
articles or training, as appropriate, should be provided.
``(2) Report.--Not later than 180 days after the date of the
enactment of this Act [Sept. 30, 2002], the President shall transmit
to the appropriate congressional committees a report that contains
the findings of the study conducted under paragraph (1).
``(b) Authorization of Assistance.--
``(1) In general.--Beginning on the date on which Congress
receives the report transmitted under subsection (a)(2), or the date
on which Congress receives the certification transmitted under
paragraph (2), whichever occurs later, the President is authorized--
``(A) to transfer excess defense articles under section 516
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to East
Timor in accordance with such section; and
``(B) to provide military education and training under
chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) for
the armed forces of East Timor in accordance with such chapter.
``(2) Certification.--A certification described in this
paragraph is a certification that--
``(A) East Timor has established an independent armed
forces; and
``(B) the assistance proposed to be provided pursuant to
paragraph (1)--
``(i) is in the national security interests of the
United States; and
``(ii) will promote both human rights in East Timor and
the professionalization of the armed forces of East Timor.
``SEC. 638. REPORTING REQUIREMENT.
``(a) In General.--Not later than 180 days after the date of
enactment of this Act [Sept. 30, 2002], and every 12 months thereafter
for the next five years, the Secretary shall prepare and transmit to the
appropriate congressional committees a report that contains the
information described in subsection (b).
``(b) Information.--The report required by subsection (a) shall
include--
``(1) developments in East Timor's political and economic
situation in the period covered by the report, including an
evaluation of any elections which have occurred in East Timor and
the refugee reintegration process in East Timor;
``(2) in the initial report, a 3-year plan for United States
foreign assistance to East Timor in accordance with section 632,
prepared by the Administrator of the United States Agency for
International Development, which outlines the goals for United
States foreign assistance to East Timor during the 3-year period;
``(3) a description of the activities undertaken in East Timor
by the International Bank for Reconstruction and Development, the
Asian Development Bank, and other international financial
institutions, and an evaluation of the effectiveness of these
activities;
``(4) an assessment of the status of United States trade and
investment relations with East Timor, including a detailed analysis
of any trade and investment-related activity supported by the
Overseas Private Investment Corporation, the Export-Import Bank of
the United States, or the Trade and Development Agency during the
period of time since the previous report;
``(5) a comprehensive study and report on local agriculture in
East Timor, emerging opportunities for producing, processing, and
exporting indigenous agricultural products, and recommendations for
appropriate technical assistance from the United States; and
``(6) statistical data drawn from other sources on economic
growth, health, education, and distribution of resources in East
Timor.''
[For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.]
[For definitions of ``appropriate congressional committees'' and
``Secretary'' as used in subtitle C of title VI of div. A of Pub. L.
107-228, set out above, see section 3 of Pub. L. 107-228, set out as a
note under section 2651 of this title.]
Pacific Charter Commission
Pub. L. 106-570, title IV, Dec. 27, 2000, 114 Stat. 3047, provided
that:
``SEC. 401. SHORT TITLE.
``This title may be cited as the `Pacific Charter Commission Act of
2000'.
``SEC. 402. PURPOSES.
``The purposes of this title are--
``(1) to promote a consistent and coordinated foreign policy of
the United States to ensure economic and military security in the
Asia-Pacific region;
``(2) to support democratization, the rule of law, and human
rights in the Asia-Pacific region;
``(3) to promote United States exports to the Asia-Pacific
region by advancing economic cooperation;
``(4) to assist in combating terrorism and the spread of illicit
narcotics in the Asia-Pacific region; and
``(5) to advocate an active role for the United States
Government in diplomacy, security, and the furtherance of good
governance and the rule of law in the Asia-Pacific region.
``SEC. 403. ESTABLISHMENT OF COMMISSION.
``(a) In General.--The President is authorized to establish a
commission to be known as the Pacific Charter Commission (hereafter in
this title referred to as the `Commission').
``(b) Expiration of Authority.--The authority to establish the
Commission under this section shall expire at the close of December 31,
2002.
``SEC. 404. DUTIES OF COMMISSION.
``(a) Duties.--The Commission should establish and carry out, either
directly or through nongovernmental organizations, programs, projects,
and activities to achieve the purposes described in section 402,
including research and educational or legislative exchanges between the
United States and countries in the Asia-Pacific region.
``(b) Monitoring of Developments.--The Commission should monitor
developments in countries of the Asia-Pacific region with respect to
United States foreign policy toward such countries, the status of
democratization, the rule of law and human rights in the region,
economic relations among the United States and such countries, and
activities related to terrorism and the illicit narcotics trade.
``(c) Policy Review and Recommendations.--In carrying out this
section, the Commission should evaluate United States Government
policies toward countries of the Asia-Pacific region and recommend
options for policies of the United States Government with respect to
such countries, with a particular emphasis on countries that are of
importance to the foreign policy, economic, and military interests of
the United States.
``(d) Contacts With Other Entities.--In performing the functions
described in subsections (a) through (c), the Commission should, as
appropriate, seek out and maintain contacts with nongovernmental
organizations, international organizations, and representatives of
industry, including receiving reports and updates from such
organizations and evaluating such reports.
``(e) Annual Report.--Not later than 18 months after the date of the
establishment of the Commission, and not later than the end of each 12-
month period thereafter, the Commission shall prepare and submit to the
President and Congress a report that contains the findings of the
Commission, in the case of the initial report, during the period since
the date of establishment of the Commission, or, in the case of each
subsequent report, during the preceding 12-month period. Each such
report shall contain--
``(1) recommendations for legislative, executive, or other
actions resulting from the evaluation of policies described in
subsection (c);
``(2) a description of programs, projects, and activities of the
Commission for the prior year or, in the case of the initial report,
since the date of establishment of the Commission; and
``(3) a complete accounting of the expenditures made by the
Commission during the prior year or, in the case of the initial
report, since the date of establishment of the Commission.
``SEC. 405. MEMBERSHIP OF COMMISSION.
``(a) Composition.--If established pursuant to section 403, the
Commission shall be composed of seven members all of whom--
``(1) shall be citizens of the United States who are not
officers or employees of any government, except to the extent they
are considered such officers or employees by virtue of their
membership on the Commission; and
``(2) shall have interest and expertise in issues relating to
the Asia-Pacific region.
``(b) Appointment.--
``(1) In general.--The individuals referred to in subsection (a)
shall be appointed--
``(A) by the President, after consultation with the Speaker
and Minority Leader of the House of Representatives, the
Chairman and ranking member of the Committee on International
Relations of the House of Representatives, the Majority Leader
and Minority Leader of the Senate, and the Chairman and ranking
member of the Committee on Foreign Relations of the Senate; and
``(B) by and with the advice and consent of the Senate.
``(2) Political affiliation.--Not more than four of the
individuals appointed under paragraph (1) may be affiliated with the
same political party.
``(c) Term.--Each member of the Commission shall be appointed for a
term of 6 years.
``(d) Vacancies.--A vacancy in the Commission shall be filled in the
same manner in which the original appointment was made.
``(e) Chairperson; Vice Chairperson.--The President shall designate
a Chairperson and Vice Chairperson of the Commission from among the
members of the Commission.
``(f) Compensation.--
``(1) Rates of pay.--Except as provided in paragraph (2),
members of the Commission shall serve without pay.
``(2) Travel expenses.--Each member of the Commission may
receive travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5, United States
Code.
``(g) Meetings.--The Commission shall meet at the call of the
Chairperson.
``(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
``(i) Affirmative Determinations.--An affirmative vote by a majority
of the members of the Commission shall be required for any affirmative
determination by the Commission under section 404.
``SEC. 406. POWERS OF COMMISSION.
``(a) Hearings and Investigations.--The Commission may hold such
hearings, sit and act at such times and places, take such testimony and
receive such evidence, and conduct such investigations as the Commission
considers advisable to carry out this title.
``(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this title. Upon request of
the Chairperson of the Commission, the head of any such department or
agency shall furnish such information to the Commission as expeditiously
as possible.
``(c) Contributions.--The Commission may accept, use, and dispose of
gifts, bequests, or devises of services or property, both real and
personal, for the purpose of assisting or facilitating the work of the
Commission. Gifts, bequests, or devises of money and proceeds from sales
of other property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for disbursement upon
order of the Commission.
``(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
``SEC. 407. STAFF AND SUPPORT SERVICES OF COMMISSION.
``(a) Executive Director.--The Commission shall have an executive
director appointed by the Commission who shall serve the Commission
under such terms and conditions as the Commission determines to be
appropriate.
``(b) Staff.--The Commission may appoint and fix the pay of such
additional personnel, not to exceed 10 individuals, as it considers
appropriate.
``(c) Staff of Federal Agencies.--Upon request of the chairperson of
the Commission, the head of any Federal agency may detail, on a
nonreimbursable basis, any of the personnel of the agency to the
Commission to assist the Commission in carrying out its duties under
this title.
``(d) Experts and Consultants.--The chairperson of the Commission
may procure temporary and intermittent services under section 3109(b) of
title 5, United States Code.
``SEC. 408. TERMINATION.
``The Commission shall terminate not later than 6 years after the
date of the establishment of the Commission.
``SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In the event the Commission is established, there
are authorized to be appropriated to carry out this title $2,500,000 for
the initial 24-month period of the existence of the Commission.
``(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended.
``SEC. 410. EFFECTIVE DATE.
``This title shall take effect on February 1, 2001.''
Record of War Criminals and Sanctioned Countries, Entities, and
Municipalities; Role of Human Rights Organizations and Government
Agencies
Pub. L. 106-429, Sec. 101(a) [title V, Sec. 564(e), (g), (j), (k)],
Nov. 6, 2000, 114 Stat. 1900, 1900A-48 to 1900A-50, provided that:
``(e) Sanctioned Country, Entity, or Municipality.--A sanctioned
country, entity, or municipality described in this section [114 Stat.
1900A-46] is one whose competent authorities have failed, as determined
by the Secretary of State, to take necessary and significant steps to
apprehend and transfer to the Tribunal all persons who have been
publicly indicted by the Tribunal.
``(g) Current Record of War Criminals and Sanctioned Countries,
Entities, and Municipalities.--
``(1) In general.--The Secretary of State shall establish and
maintain a current record of the location, including the
municipality, if known, of publicly indicted war criminals and a
current record of sanctioned countries, entities, and
municipalities.
``(2) Information of the dci and the secretary of defense.--The
Director of Central Intelligence and the Secretary of Defense should
collect and provide to the Secretary of State information concerning
the location, including the municipality, of publicly indicted war
criminals.
``(3) Information of the tribunal.--The Secretary of State shall
request that the Tribunal and other international organizations and
governments provide the Secretary of State information concerning
the location, including the municipality, of publicly indicted war
criminals and concerning country, entity and municipality
authorities known to have obstructed the work of the Tribunal.
``(4) Report.--Beginning 30 days after the date of the enactment
of this Act [Nov. 6, 2000], and not later than September 1 each year
thereafter, the Secretary of State shall submit a report in
classified and unclassified form to the appropriate congressional
committees on the location, including the municipality, if known, of
publicly indicted war criminals, on country, entity and municipality
authorities known to have obstructed the work of the Tribunal, and
on sanctioned countries, entities, and municipalities.
``(5) Information to congress.--Upon the request of the chairman
or ranking minority member of any of the appropriate congressional
committees, the Secretary of State shall make available to that
committee the information recorded under paragraph (1) in a report
submitted to the committee in classified and unclassified form.
``(j) Definitions.--As used in this section--
``(1) Country.--The term `country' means Bosnia-Herzegovina,
Croatia, and Serbia.
``(2) Entity.--The term `entity' refers to the Federation of
Bosnia and Herzegovina, Kosova, Montenegro, and the Republika
Srpska.
``(3) Dayton agreement.--The term `Dayton Agreement' means the
General Framework Agreement for Peace in Bosnia and Herzegovina,
together with annexes relating thereto, done at Dayton, November 10
through 16, 1995.
``(4) Tribunal.--The term `Tribunal' means the International
Criminal Tribunal for the Former Yugoslavia.
``(k) Role of Human Rights Organizations and Government Agencies.--
In carrying out this section, the Secretary of State, the Administrator
of the Agency for International Development, and the executive directors
of the international financial institutions shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent publicly indicted war
criminals from benefiting from any financial or technical assistance or
grants provided to any country or entity described in subsection (e).''
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 566(e), (g),
(j), (k)], Nov. 29, 1999, 113 Stat. 1535, 1501A-107 to 1501A-109.
Report Concerning Financial Disadvantages for Administrative and
Technical Personnel
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 338], Nov. 29, 1999, 113 Stat. 1536, 1501A-443, provided that:
``(a) Findings.--Congress finds that administrative and technical
personnel posted to United States missions abroad who do not have
diplomatic status suffer financial disadvantages from their lack of such
status.
``(b) Report.--Not later than 1 year after the date of the enactment
of this Act [Nov. 29, 1999], the Secretary of State should submit a
report to the appropriate congressional committees [Committee on
International Relations of the House of Representatives and Committee on
Foreign Relations of the Senate] concerning the extent to which
administrative and technical personnel posted to United States missions
abroad who do not have diplomatic status suffer financial disadvantages
from their lack of such status, including proposals to alleviate such
disadvantages.''
Prisoner Information Registry for the People's Republic of China
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VIII,
Sec. 873], Nov. 29, 1999, 113 Stat. 1536, 1501A-474, provided that:
``(a) Requirement.--The Secretary of State shall establish and
maintain a registry which shall, to the extent practicable, provide
information on all political prisoners, prisoners of conscience, and
prisoners of faith in the People's Republic of China. The registry shall
be known as the `Prisoner Information Registry for the People's Republic
of China'.
``(b) Information in Registry.--The registry required by subsection
(a) shall include information on the charges, judicial processes,
administrative actions, uses of forced labor, incidents of torture,
lengths of imprisonment, physical and health conditions, and other
matters associated with the incarceration of prisoners in the People's
Republic of China referred to in that subsection.
``(c) Availability of Funds.--The Secretary may make a grant to
nongovernmental organizations currently engaged in monitoring activities
regarding political prisoners in the People's Republic of China in order
to assist in the establishment and maintenance of the registry required
by subsection (a).''
Report to Congress on Activities of North Korean Armed Forces
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec. 585],
Sept. 30, 1996, 110 Stat. 3009-121, 3009-171, as amended by Pub. L. 107-
228, div. B, title XIII, Sec. 1308(g)(1)(D), (2), Sept. 30, 2002, 116
Stat. 1441, provided that: ``Ninety days after the date of enactment of
this Act [Sept. 30, 1996], and every 180 days thereafter, the Secretary
of State, in consultation with the Secretary of Defense, shall provide a
report in a classified or unclassified form to the Committee on
Appropriations including the following information:
``(a) a best estimate on fuel used by the military forces of the
Democratic People's Republic of Korea (DPRK);
``(b) the deployment position and military training and
activities of the DPRK forces and best estimate of the associated
costs of these activities; and
``(c) steps taken to reduce the DPRK level of forces.''
Reports to War Crimes Tribunal for Former Yugoslavia
Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 552], Nov.
29, 1999, 113 Stat. 1535, 1501A-99, provided in part: ``That 60 days
after the date of the enactment of this Act [Nov. 29, 1999], and every
180 days thereafter, the Secretary of State shall submit a report to the
Committees on Appropriations describing the steps the United States
Government is taking to collect information regarding allegations of
genocide or other violations of international law in the former
Yugoslavia and to furnish that information to the United Nations War
Crimes Tribunal for the former Yugoslavia''.
Similar provisions were contained in the following appropriation
acts:
Pub. L. 106-429, Sec. 101(a) [title V, Sec. 552], Nov. 6, 2000, 114
Stat. 1900, 1900A-41.
Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 554], Oct. 21,
1998, 112 Stat. 2681-150, 2681-188.
Pub. L. 105-118, title V, Sec. 553, Nov. 26, 1997, 111 Stat. 2422.
Pub. L. 104-208, div. A, title I, Sec. 101(c) [title V, Sec. 555],
Sept. 30, 1996, 110 Stat. 3009-121, 3009-160.
Pub. L. 104-107, title V, Sec. 556, Feb. 12, 1996, 110 Stat. 743.
Pub. L. 103-306, title V, Sec. 575, Aug. 23, 1994, 108 Stat. 1653.
Reporting Requirements on Occupied Tibet
Pub. L. 103-236, title V, Sec. 536, Apr. 30, 1994, 108 Stat. 481,
provided that:
``(a) Report on United States-Tibet Relations.--Because Congress has
determined that Tibet is an occupied sovereign country under
international law and that its true representatives are the Dalai Lama
and the Tibetan Government in exile--
``(1) it is the sense of the Congress that the United States
should seek to establish a dialogue with those recognized by
Congress as the true representatives of the Tibetan people, the
Dalai Lama, his representatives and the Tibetan Government in exile,
concerning the situation in Tibet and the future of the Tibetan
people and to expand and strengthen United States-Tibet cultural and
educational relations, including promoting bilateral exchanges
arranged directly with the Tibetan Government in exile; and
``(2) not later than 6 months after the date of enactment of
this Act [Apr. 30, 1994], and every 12 months thereafter, the
Secretary of State shall transmit to the Chairman of the Committee
on Foreign Relations and the Speaker of the House of Representatives
a report on the state of relations between the United States and
those recognized by Congress as the true representatives of the
Tibetan people, the Dalai Lama, his representatives and the Tibetan
Government in exile, and on conditions in Tibet.
``(b) Separate Tibet Reports.--
``(1) It is the sense of the Congress that whenever a report is
transmitted to the Congress on a country-by-country basis there
should be included in such report, where applicable, a separate
report on Tibet listed alphabetically with its own state heading.
``(2) The reports referred to in paragraph (1) include, but are
not limited to, reports transmitted under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 [22 U.S.C. 2151n(d),
2304(b)] (relating to human rights).''
Cambodian Genocide
Pub. L. 103-236, title V, part D, Apr. 30, 1994, 108 Stat. 486,
provided that:
``SEC. 571. SHORT TITLE.
``This part may be cited as the `Cambodian Genocide Justice Act'.
``SEC. 572. POLICY.
``(a) In General.--Consistent with international law, it is the
policy of the United States to support efforts to bring to justice
members of the Khmer Rouge for their crimes against humanity committed
in Cambodia between April 17, 1975, and January 7, 1979.
``(b) Specific Actions Urged.--To that end, the Congress urges the
President--
``(1) to collect, or assist appropriate organizations and
individuals to collect relevant data on crimes of genocide committed
in Cambodia;
``(2) in circumstances which the President deems appropriate, to
encourage the establishment of a national or international criminal
tribunal for the prosecution of those accused of genocide in
Cambodia; and
``(3) as necessary, to provide such national or international
tribunal with information collected pursuant to paragraph (1).
``SEC. 573. ESTABLISHMENT OF STATE DEPARTMENT OFFICE.
``(a) Establishment.--(1) None of the funds authorized to be
appropriated by this Act for `Diplomatic and Consular Programs' shall be
available for obligation or expenditure during fiscal years 1994 and
1995 unless, not later than 90 days after the date of enactment of this
Act [Apr. 30, 1994], the Secretary of State has established within the
Department of State under the Assistant Secretary for East Asia and
Pacific Affairs (or any successor Assistant Secretary) the Office of
Cambodian Genocide Investigation (hereafter in this part referred to as
the `Office').
``(2) The Office may carry out its activities inside or outside of
Cambodia, except that not less than 75 percent of the funds made
available for the Office and its activities shall be used to carry out
activities within Cambodia.
``(b) Purpose.--The purpose of the Office shall be to support,
through organizations and individuals with whom the Secretary of State
may contract to carry out the operations of the Office, as appropriate,
efforts to bring to justice members of the Khmer Rouge for their crimes
against humanity committed in Cambodia between April 17, 1975, and
January 7, 1979, including--
``(1) to investigate crimes against humanity committed by
national Khmer Rouge leaders during that period;
``(2) to provide the people of Cambodia with access to
documents, records, and other evidence held by the Office as a
result of such investigation;
``(3) to submit the relevant data to a national or international
penal tribunal that may be convened to formally hear and judge the
genocidal acts committed by the Khmer Rouge; and
``(4) to develop the United States proposal for the
establishment of an international criminal tribunal for the
prosecution of those accused of genocide in Cambodia.
``(c) Contracting Authority.--The Secretary of State shall, subject
to the availability of appropriations, contract with appropriate
individuals and organizations to carry out the purpose of the Office.
``(d) Notification to Congress.--The Committee on Foreign Relations
and the Committee on Appropriations of the Senate and the Committee on
Foreign Affairs [now Committee on International Relations] and the
Committee on Appropriations of the House of Representatives shall be
notified of any exercise of the authority of section 34 of the State
Department Basic Authorities Act of 1956 [22 U.S.C. 2706] with respect
to the Office or any of its programs, projects, or activities at least
15 days in advance in accordance with procedures applicable to
notifications under that section.
``SEC. 574. REPORTING REQUIREMENT.
``(a) In General.--Beginning 6 months after the date of enactment of
this Act [Apr. 30, 1994], and every 6 months thereafter, the President
shall submit a report to the appropriate congressional committees--
``(1) that describes the activities of the Office, and sets
forth new facts learned about past Khmer Rouge practices, during the
preceding 6-month period; and
``(2) that describes the steps the President has taken during
the preceding 6-month period to promote human rights, to support
efforts to bring to justice the national political and military
leadership of the Khmer Rouge, and to prevent the recurrence of
human rights abuses in Cambodia through actions which are not
related to United Nations activities in Cambodia.
``(b) Definition.--For purposes of this section, the term
`appropriate congressional committees' means the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs [now
Committee on International Relations] of the House of Representatives.''
[Functions of President under section 574 of Pub. L. 103-236, set
out above, delegated to Secretary of State by Memorandum of President of
the United States, July 26, 1994, 59 F.R. 40205, set out as a note under
section 2370a of this title.]
Broadening Cultural, Geographic, and Ethnic Representation of Foreign
Service and Department of State; Plan
Pub. L. 101-246, title I, Sec. 153(a), (b), Feb. 16, 1990, 104 Stat.
43, as amended by Pub. L. 101-302, title III, Sec. 320(b)(2), May 25,
1990, 104 Stat. 247, provided that:
``(a) Findings.--The Congress finds that a primary role of the
Department of State is to represent the interests of the American people
in foreign affairs and, as such, should strive to represent and include,
among its policy and professional employees, the great diversity of the
American people.
``(b) Recruitment.--(1) Not later than 120 days after the date of
enactment of this Act [Feb. 16, 1990], the Secretary of State shall
provide the Congress with a plan to assure that equal efforts are
undertaken in each of the regions of the United States to recruit policy
and professional Government Service employees and Foreign Service
officers for the Department of State and each of its affiliated
agencies.
``(2) Not later than January 1, 1991, the Secretary of State shall
implement the plan provided for in paragraph (1).''
Prohibition on Use of Funds for Political Purposes
Pub. L. 100-204, title I, Sec. 109, Dec. 22, 1987, 101 Stat. 1339,
provided that: ``No funds authorized to be appropriated by this Act or
by any other Act authorizing funds for any entity engaged in any
activity concerning the foreign affairs of the United States shall be
used--
``(1) for publicity or propaganda purposes designed to support
or defeat legislation pending before Congress;
``(2) to influence in any way the outcome of a political
election in the United States; or
``(3) for any publicity or propaganda purposes not authorized by
Congress.''
Consular and Diplomatic Posts Abroad
Pub. L. 100-204, title I, Sec. 122, Dec. 22, 1987, 101 Stat. 1339,
prohibited use of appropriated funds for closing United States consular
or diplomatic posts abroad, or for paying expenses related to Bureau of
Administration of Department of State if a post was closed after Jan. 1,
1987, and not reopened, provided funding for certain consulates,
provided exceptions for prohibition on use of appropriated funds,
permitted Secretary of State, in case of a sequestration order, to
submit a report proposing a list of consular posts to be downgraded or
closed in order to comply with sequestration order, and provided that
the prohibitions were to be effective 180 days after Dec. 22, 1987,
prior to repeal by Pub. L. 102-138, title I, Sec. 112(b), Oct. 28, 1991,
105 Stat. 655. See section 2720 of this title.
Closing of Diplomatic and Consular Posts in Antigua and Barbuda
Pub. L. 100-204, title I, Sec. 123, Dec. 22, 1987, 101 Stat. 1339,
directed that none of the funds made available for the Department of
State for any fiscal year be used for expenses of maintaining a United
States diplomatic or consular post in Antigua and Barbuda and provided
that such prohibition take effect 60 days after Dec. 22, 1987, unless
the President made a determination that such closing would not be in the
national security interest of the United States and informed both the
Chairman of the Senate Foreign Relations Committee and the House Foreign
Affairs Committee of such determination, prior to repeal by Pub. L. 101-
246, title I, Sec. 121, Feb. 16, 1990, 104 Stat. 27.
Closure of Mission in Antigua and Barbuda Not in United States Interests
Determination of the President of the United States, No. 88-9, Feb.
9, 1988, 53 F.R. 5749, provided:
Memorandum for the Secretary of State
In accordance with Section 123 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204) [set
out above], I have determined that closure of the U.S. Diplomatic and
Consular Mission in Antigua and Barbuda is not in the national security
interests of the United States.
You are hereby authorized and directed to report this determination
to the Congress, as required by law. This determination shall be
published in the Federal Register.
Ronald Reagan.
Assignment of Drug Enforcement Administration Agents Abroad
Pub. L. 100-204, title VIII, Sec. 801, Dec. 22, 1987, 101 Stat.
1397, provided that: ``If the Secretary of State, in exercising his
authority to establish overseas staffing levels for Federal agencies
with activities abroad, authorizes the assignment of any Drug
Enforcement Administration agent to a particular United States mission
abroad, the Secretary shall authorize the assignment of at least two
such agents to that mission.''
Waiver of Provisions of Public Law 100-204 During Fiscal Years 1988 and
1989
Pub. L. 100-202, Sec. 101(a) [title III, Sec. 305], Dec. 22, 1987,
101 Stat. 1329, 1329-23, provided that: ``The following sections of H.R.
1777 (the Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 [Pub. L. 100-204]) are waived during Fiscal Years 1988 and 1989 in
the event that H.R. 1777 is enacted into law: Sec. 122 [set out above],
Sec. 151, and Sec. 204 [22 U.S.C. 1461 note].''
Report to Congress on Soviet Breach of Duties Obligations to United
States Diplomats or Missions
Pub. L. 99-500, Sec. 101(b) [title III, Sec. 300], Oct. 18, 1986,
100 Stat. 1783-39, 1783-58, and Pub. L. 99-591, Sec. 101(b) [title III,
Sec. 300], Oct. 30, 1986, 100 Stat. 3341-39, 3341-58, which required the
Secretary of State to report every six months to the Speaker of the
House of Representatives and the President of the Senate on failures by
Soviet agencies to perform obligations to United States diplomats or
United States missions to the Soviet Union and on actions undertaken by
the Department of State to redress these failures, terminated, effective
May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended,
set out as a note under section 1113 of Title 31, Money and Finance.
See, also, page 127 of House Document No. 103-7.
Responsibility of United States Missions To Promote Freedom of Press
Abroad
Pub. L. 99-93, title I, Sec. 138, Aug. 16, 1985, 99 Stat. 422,
provided that:
``(a) Responsibility.--The United States chief of mission to a
foreign country in which there is not respect for freedom of the press
shall actively promote respect for freedom of the press in that country.
``(b) Definition.--As used in this section, the term `respect for
freedom of the press' means that a government--
``(1) allows foreign news correspondents into the country and
does not subject them to harassment or restrictions;
``(2) allows nongovernment-owned press to operate in the
country; and
``(3) does not subject the press in the country to systematic
censorship.''
Emergency Telephone Service at United States Consular Offices
Pub. L. 99-93, title I, Sec. 139, Aug. 16, 1985, 99 Stat. 422,
provided that: ``It is the sense of the Congress that the Secretary of
State should ensure that all United States consular offices are equipped
with 24-hour emergency telephone service through which United States
citizens can contact a member of the staff of any such office. The
Secretary should publicize the telephone number of each such service for
the information of United States citizens. Not more than 90 days after
the date of the enactment of this Act [Aug. 16, 1985], the Secretary
shall submit a report to the Congress on steps taken in accordance with
this section.''
Torture by Foreign Governments; United States Policy in Opposition;
Implementation
Pub. L. 98-447, Oct. 4, 1984, 98 Stat. 1721, provided: ``That the
Congress reaffirms that it is the continuing policy of the United States
Government to oppose the practice of torture by foreign governments
through public and private diplomacy and, when necessary and
appropriate, through the enactment and vigorous implementation of laws
intended to reinforce United States policies with respect to torture.
The United States Government opposes acts of torture wherever they
occur, without regard to ideological or regional considerations, and
will make every effort to work cooperatively with other governments and
with nongovernmental organizations to combat the practice of torture
worldwide.
``Sec. 2. (a) The President is requested--
``(1) to instruct the Permanent Representative of the United
States to the United Nations to continue to raise the issue of
torture practiced by governments; and
``(2) to continue to involve the United States Government in the
formulation of international standards and effective implementing
mechanisms, particularly the draft Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment.
``(b) In order to implement the policy expressed in the first
section of this resolution, the Secretary of State is requested to issue
formal instructions to each United States chief of mission regarding
United States policy with respect to torture, including--
``(1) instructions--
``(A) to examine allegations of the practice of torture,
particularly allegations concerning the existence of secret
detention, extended incommunicado detention, and restrictions on
access by family members, lawyers, and independent medical
personnel to detainees; and
``(B) to forward such information as may be gathered,
including information regarding any efforts made by the host
government to reduce and eliminate the practice of torture, to
the Assistant Secretary of State for Human Rights and
Humanitarian Affairs for analysis in preparing the Department's
annual country reports on human rights practices;
``(2) in the case of a chief of mission assigned to a country
where torture is regularly practiced, instructions to report on a
periodic basis as circumstances require to the Assistant Secretary
of State for Human Rights and Humanitarian Affairs regarding efforts
made by the respective United States diplomatic mission to implement
United States policy with respect to combating torture;
``(3) instructions to meet with indigenous human rights
monitoring groups knowledgeable about the practice of torture for
the purpose of gathering information about such practice; and
``(4) instructions to express concern in individual cases of
torture brought to the attention of a United States diplomatic
mission including, whenever feasible, sending United States
observers to trials when there is reason to believe that torture has
been used against the accused.
``(c) The Secretary of Commerce should continue to enforce
vigorously the current restrictions on the export of crime control
equipment pursuant to the Export Administration Act of 1979 [50 App.
U.S.C. 2401 et seq.].
``(d) The heads of the appropriate departments of the United States
Government that furnish military and law enforcement training to foreign
personnel, particularly personnel from countries where the practice of
torture has been a documented concern, shall include in such training,
when relevant, instruction regarding international human rights
standards and the policy of the United States with respect to torture.''
[Except as otherwise provided, Secretary of State to have and
exercise any authority vested by law in any official or office of
Department of State and references to such officials or offices deemed
to refer to Secretary of State or Department of State, as appropriate,
see section 2651a of this title and section 161(d) of Pub. L. 103-236,
set out as a note under section 2651a of this title.]
United States Diplomatic Relations With the Vatican
Pub. L. 98-164, title I, Sec. 134, Nov. 22, 1983, 97 Stat. 1029,
provided that: ``In order to provide for the establishment of United
States diplomatic relations with the Vatican, the Act entitled `An Act
making Appropriations for the Consular and Diplomatic Expenses of the
Government for the Year ending thirtieth June, eighteen hundred and
sixty-eight, and for other purposes', approved February 28, 1867, is
amended by repealing the following sentence (14 Stat. 413): `And no
money hereby or otherwise appropriated shall be paid for the support of
an American legation at Rome, from and after the thirtieth day of June,
eighteen hundred and sixty-seven.'.''
Reopening Certain United States Consulates
Pub. L. 97-241, title I, Sec. 103(b), (c), Aug. 24, 1982, 96 Stat.
273, as amended by Pub. L. 98-164, title I, Sec. 137, Nov. 22, 1983, 97
Stat. 1030; Pub. L. 103-236, title I, Sec. 139(8), Apr. 30, 1994, 108
Stat. 398, provided that:
``(b) None of the funds made available under this [Pub. L. 97-241]
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 [Aug. 24, 1982] (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 Years 1980 and 1981 [section 108 of Pub. L. 96-60, set out as a
note below], to the extent such reopening is authorized by the foreign
government involved.
``(c) The consulates referred to in subsections (a) [section 103(a)
of Pub. L. 97-241, which was not classified to the Code] 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.''
United States Consulates
Pub. L. 96-60, title I, Sec. 108, Aug. 15, 1979, 93 Stat. 397,
provided that:
``(a) The following United States consulates shall not be closed or,
if closed on the date of enactment of this Act [Aug. 15, 1979], shall be
reopened as soon as possible after such date: Salzburg, Austria; Bremen,
Germany; Nice, France; Turin, Italy; Goteborg, Sweden; Adana, Turkey;
Tangier, Morocco; Mandalay, Burma; Brisbane, Australia; and Surabaya,
Indonesia.
``(b) Personnel assigned to the consulates described in subsection
(a) shall not be counted toward any personnel ceiling for the Department
of State established by the Director of the Office of Management and
Budget.''
Action With Regard to International Journalistic Freedom
Pub. L. 95-426, title VI, Sec. 603, Oct. 7, 1978, 92 Stat. 985, as
amended by Pub. L. 97-241, title V, Sec. 505(a)(2), Aug. 24, 1982, 96
Stat. 299, provided that:
``(a) The Congress finds that--
``(1) news dissemination and the free flow of information across
national boundaries are vital to international understanding and to
healthy relations among countries; and
``(2) 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.
``(b) It is therefore the sense of the Congress that the President
should--
``(1) 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
``(2) 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.
``(c) [Repealed. Pub. L. 97-241, title V, Sec. 505(a)(2), Aug. 24,
1982, 96 Stat. 299.]''
Diplomatic Relations With Foreign Government Not Indication of Approval
of Such Government
Pub. L. 95-426, title VI, Sec. 607, Oct. 7, 1978, 92 Stat. 988,
provided that: ``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.''
