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g. Foreign Relations Authorization Act, Fiscal Year 1978

Partial text of Public Law 95–105 [H.R. 6689], 91 Stat. 844, approved August 17, 1977, as amended by Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963, approved October 7, 1978; Public Law 96-465 [Foreign Service Act of 1980; H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980; and by Public Law 97-241 [S. 1193], 96 Stat. 273 at 299, approved August 24, 1982

AN ACT To authorize fiscal year 1978 appropriations for the Department of State, the United States Information Agency, and the Board for International Broadcasting, and for other purposes

NOTE.-Deleted sections amend other State Department

or foreign relations legislation and are incorporated else-
where in this volume.

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

SHORT TITLE

Section 1. This Act may be cited as the "Foreign Relations Authorization Act, Fiscal Year 1978".

TITLE I-STATE DEPARTMENT

AUTHORIZATION OF APPROPRIATIONS

Sec. 101. (a) There are authorized to be appropriated for the Department of State for fiscal year 1978, to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States, including trade negotiations, and other purposes authorized by law, the following amounts:

(1) For the "Administration of Foreign Affairs", $762,005,000. (2) For "International Organizations and Conferences", $426,687,000.1

(3) For "International Commissions", $21,839,000.

(4) For "Education Exchange", $94,600,000.

(5) For "Migration and Refugee Assistance", $63,554,000.

(6) For increases in salary, pay, retirement, and other employee benefits authorized by law, and for other nondiscretionary costs, such amounts as may be necessary.

(b) Amounts appropriated under this section are authorized to remain available until expended.

1 This authorization figure was substituted in lieu of the original authorization of $389,412,000 by sec. 102 of Public Law 95-426 (92 Stat. 963).

TRANSFER AUTHORITY

Sec. 102. Funds authorized to be appropriated for fiscal year 1978 by any paragraph of section 101(a) (other than paragraph (6)) may be appropriated for such fiscal year for a purpose for which appropriations are authorized by any other paragraph of such section (other than paragraph (6)), except that the total amount appropriated for a purpose described in any paragraph of section 101(a) (other than paragraph (6)) may not exceed the amount specifically authorized for such purpose by section 101(a) by more than 10 per centum.

CONTRIBUTION TO THE WORLD HEALTH ORGANIZATION

Sec. 103. Notwithstanding the limitation contained in the proviso in the paragraph under the subheading "Contributions to International Organizations" in title I of the Act of October 25, 1972 (86 Stat. 1110),2 $7,281,583 of the amount authorized to be appropriated by section 101(a)(2) of this Act may be used to pay the unpaid portion of the United States assessed contributions to the World Health Organization for the calendar years 1974 through 1977.

ASSISTANCE FOR REFUGEES SETTLING IN ISRAEL

Sec. 104. Of the amount authorized to be appropriated by section 101(a)(5) of this Act, $20,000,000 shall be available only for assistance for the resettlement in Israel of refugees from the Union of Soviet Socialist Republics and from Communist countries in Eastern Europe.

CONTRIBUTION TO THE INTERNATIONAL COMMITTEE OF THE RED CROSS Sec. 105.3 3 *

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*

[Repealed-1985]

STRENGTHENING EDUCATIONAL EXCHANGE PROGRAMS

Sec. 107.4 The Congress finds that

(1) for over thirty years the United States program for the international exchange of teachers and scholars, begun by the Act of August 1, 1946 (60 Stat. 754; known as the "Fulbright Act of 1946"), has contributed significantly to the free flow of knowledge and to greater understanding between the United States and other nations;

(2) it is in the interest of the United States that this program be strengthened; and

(3) a still stronger educational exchange program can be attained by

sed contributions to the his section is in excess of H.

Such Act places a 25 percent ceiling on U.S. payments of United Nations or any affiliated agency. The amount authorized in the 25 percent limit. For complete text of the proviso of this Act, see s * Sec. 105 was repealed by sec. 109(d) of Public Law 99-93 [99 Stat. 4. *Sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299) repealed subsec. had required a report from the Secretary of State on measures taken to exchange The Secretary submitted this report on Jan. 3, 1978.

1.

of this section which engthen educational

(A) diversifying exchange opportunities so as to assist persons from professional and public life to spend time in an academic setting and to assist teachers and scholars to spend time in professional and other pursuits in the public

arena;

(B) providing sharper focus to exchange activities by bringing selected grant recipients together for joint work on themes and problems identified as having current significance in international affairs; and

(C) lengthening the period of some scholarships to allow work by grant recipients to be phased over more than one location.

AMERICANS INCARCERATED ABROAD

Sec. 108.5 It is the sense of the Congress that the Secretary of State should make every effort to seek the early release of American citizens unjustifiably held in foreign jails, and that he should direct the appropriate consular officers to redouble their efforts for the protection and welfare of imprisoned American citizens abroad. Beginning February 15, 1978, the Secretary of State shall transmit annually to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report on the number of American citizens in foreign jails, the charges against them, and what measures have been taken to assist these individuals, including his assessment of the performance of embassy and consular personnel in providing such assistance in each foreign country where American citizens are incarcerated.

ASSISTANT SECRETARIES OF STATE

Sec. 109. (a)

(6) The individual holding the position of Coordinator for Human Rights and Humanitarian Affairs on the date of enactment of this section shall assume the duties of the Assistant Secretary of State for Human Rights and Humanitarian Affairs and shall not be required to be reappointed by reason of the enactment of this section. (7) 7 * *

*

[Repealed-1982]

(b)(1) Section 104 of the Immigration and Nationality Act 8 (8 U.S.C. 1104) is amended

(A) in subsection (a)(2), by striking out "Security and";
(B) in subsection (b)-

(i) in the first sentence by striking out "Security and" and all that follows through "Assistant Secretary of State" and inserting in lieu thereof "Consular Affairs to be

5 22 U.S.C. 2151n-1. See also the Act of July 27, 1868 (Protection of Citizens Abroad).

6 22 U.S.C. 2384 note.

7 Par. (7), which had required a report from the Secretary of State on operations and organization plans for the Office of the Assistant Secretary for Human Rights and Humanitarian Affairs, was repealed by sec. 505(a)(3) of Public Law 97-241 (96 Stat. 299). The Secretary submitted this report on Jan. 31, 1978.

8 For complete text of sec. 104, see page 248.

headed by an Assistant Secretary of State for Consular Affairs";

(ii) by striking out the second sentence; and

(iii) in the third sentence, by striking out "administrator" and inserting in lieu thereof "Assistant Secretary of State for Consular Affairs";

(C) in subsection (d), by striking out "Security and"; and
(D) by repealing subsection (f).

(2) Section 105 of such Act 9 is amended by striking out "administrator" both places it appears and inserting in lieu thereof “Assistant Secretary of State for Consular Affairs".

(3) Section 101(a)(1) of such Act 10 is amended by striking out "administrator of the Bureau of Security and Consular Affairs of the Department of State" and inserting in lieu thereof “Assistant Secretary of State for Consular Affairs"

(4) The individual holding the position of administrator of the Bureau of Security and Consular Affairs on the date of enactment of this section shall assume the duties of the Assistant Secretary of State for Consular Affairs and shall not be required to be reappointed by reason of the enactment of this section.

(5) Any reference in any law to the Bureau of Security and Consular Affairs or to the administrator of such Bureau shall be deemed to be a reference to the Bureau of Consular Affairs or to the Assistant Secretary of State for Consular Affairs, respectively. (c)

*

(d) Section 5315 of title 5, United States Code, 11 is amended(1) by repealing paragraph (1); and

(2) by striking out "(11)" in paragraph (22) and inserting in lieu thereof "(13)".

SAINT LAWRENCE SEAWAY TOLL NEGOTIATIONS

Sec. 110. (a) There is established an advisory board (hereafter in this section referred to as the "Board") to advise the Secretary of State with respect to the negotiations with Canada concerning toll increases on the Saint Lawrence Seaway and the Welland Canal.

(b) The Board shall consist of 15 members appointed by the President from among representatives of groups in the Great Lakes area which would be affected most directly by increased tolls, including port directors, port authorities, maritime labor, shipping companies, shippers, and consumers.

(c)(1) Members of the Board shall each be entitled to receive the daily equivalent of the maximum annual rate of basic pay in effect for grade GS-15 of the General Schedule for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Board.

(2) While away from their homes or regular places of business in the performance of services for the Board, members of the Board shall be allowed travel expenses, including per diem in lieu of sub

Sec. 105 provides authority for the Assistant Secretary of State for Consular Affairs to maintain direct liaison with the Directors of the FBI, CIA, and other internal security officers of the Government.

10 Sec. 101(a)(1) defines the term, "administrator".

11 Sec. 5315 of title 5 concerns Executive Schedule pay rates for positions at level IV.

sistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.

(d) The Board shall cease to exist on the date designated by the Secretary of State as the date on which the negotiations described in subsection (a) are completed or on September 30, 1978, whichever date occurs first.

LIABILITY OF CONSULAR OFFICERS

Sec. 111. (a)(1) Sections 1735 and 1736 of the Revised Statutes of the United States (22 U.S.C. 1199) are repealed.12

(2) The section analysis of chapter two of title XVIII of the Revised Statutes of the United States is amended by striking out the items relating to sections 1735 and 1736.

(b) The repeals made by subsection (a) shall not affect suits commenced before the date of enactment of this Act.

TITLE II-UNITED STATES INFORMATION AGENCY 13

TITLE IV-FOREIGN SERVICE AND OTHER PERSONNEL

SPECIAL ANNUITY FOR CERTAIN OFFICERS SELECTED-OUT FROM THE FOREIGN SERVICE

Sec. 411.14 (a) Subject to the conditions established in subsection (b), any Foreign Service officer

(1) who was retired under section 633(a)(1) of the Foreign Service Act of 1946 before the date of enactment of this section;

(2) who was not in class 1, 2, or 3 at the time of retirement; (3) who was 40 years of age or older at the time of retirement; and

(4) who had at least 20 years of service, exclusive of credit for unused sick leave, creditable for purposes of section 821 of such Act at the time of retirement;

shall be entitled to receive retirement benefits in accordance with the provisions of such section 824 in lieu of any retirement benefits which the officer may be entitled to elect under section 634(b)(2) of such Act. Such retirement benefits shall be paid from the Foreign Service Retirement and Disability Fund and shall be effective on the date the officer reaches age 50, the date of enactment of this section, or October 1, 1977, whichever date is latest.

12 These sections authorized suits against U.S. consular officers for damages due to willful neglect or failure to perform any duty imposed by law.

13 For text of this title, see page 644.

14 22 U.S.C. 1004 note.

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