(2) initiate negotiations as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in, commercial fishing operations which, as determined by the Secretary of Commerce, may affect adversely such species of sea turtles, for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species of sea turtles;

(3) encourage such other agreements to promote the purposes of this section with other nations for the protection of specific ocean and land regions which are of special significance to the health and stability of such species of sea turtles;

(4) initiate the amendment of any existing international treaty for the protection and conservation of such species of sea turtles to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section; and

(5) provide to the Congress by not later than one year after the date of enactment of this section

(A) a list of each nation which conducts commercial shrimp fishing operations within the geographic range of distribution of such sea turtles;

(B) a list of each nation which conducts commercial shrimp fishing operations which may affect adversely such species of sea turtles; and

(C) a full report on

(i) the results of his efforts under this section; and (ii) the status of measures taken by each nation listed pursuant to paragraph (A) or (B) to protect and conserve such sea turtles.

(b) 2 (1) IN GENERAL.-The importation of shrimp or products from shrimp which have been harvested with commercial fishing technology which may affect adversely such species of sea turtles shall be prohibited not later than May 1, 1991, except as provided in paragraph (2).

(2) 3 CERTIFICATION PROCEDURE.-The ban on importation of shrimp or products from shrimp pursuant to paragraph (1) shall not apply if the President shall determine and certify to the Congress not later than May 1, 1991, and annually thereafter that

(A) the government of the harvesting nation has provided documentary evidence of the adoption of a regulatory program governing the incidental taking of such sea turtles in the course of such harvesting that is comparable to that of the United States; and

(B) the average rate of that incidental taking by the vessels of the harvesting nation is comparable to the average rate of incidental taking of sea turtles by United States vessels in the course of such harvesting; or

2 In a memorandum of December 19, 1990 (56 F.R. 357; January 4, 1991), the President delegated to the Secretary of State the authority stated in sec. 609(b).

3 In Department of State Public Notice 1320 (56 F.R. 1051; January 10, 1991), the Office of Fisheries Affairs, Bureau of Oceans and International Environmental and Scientific Affairs, Department of State, provided guidelines for determining comparability of foreign programs for the protection of turtles in shrimp trawl fishing operations.

(C) the particular fishing environment of the harvesting nation does not pose a threat of the incidental taking of such sea turtles in the course of such harvesting.

This Act may be cited as the "Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990".

* Sec. 614 was repealed by sec. 320(a)(1) of Public Law 101-302 (104 Stat. 247). It formerly read as follows:

"The funds appropriated by this Act for the Department of State and the United States Information Agency may be obligated and expended, at a rate of operations not exceeding the rate available for fiscal year 1989 or the rate provided in H.R. 2991 as passed the Senate, whichever is lower and under the authority and conditions in applicable appropriations Acts for fiscal year 1989, notwithstanding section 15 of the State Department Basic Authorities Act of 1956 and section 701 of the United States Information and Educational Exchange Act of 1948.".

47-442 0-92-11

(4) Department of State Appropriations Act, 1988

Partial text of Public Law 100-202 [Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988, Sec. 101(a) of the Continuing Appropriations Act, 1988; H.J. Res. 395], 101 Stat. 1329-1, approved December 22, 1987; as amended by Public Law 100-459 [Department of State Appropriations Act, 1989; H.R. 4782], 102 Stat. 2205, approved October 1, 1988; Public Law 101-515 [Department of State Appropriations Act, 1991; H.R. 5021], 104 Stat. 2101, approved November 5, 1990; and by Public Law 102-138 [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved October 28, 1991

JOINT RESOLUTION Making continuing appropriations for the fiscal year 1988, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, ThatSECTION. 1. *

(a) (b)

The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1988, and for other purposes, namely:

SEC. 101. (a) Such amounts as may be necessary for programs, projects or activities provided for in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988, at a rate of operations and to the extent and in the manner provided for, the provisions of such Act to be effective as if it had been enacted into law as the regular appropriations Act, as follows:

AN ACT Making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year ending September 30, 1988, and for other purposes.

TITLE III-DEPARTMENT OF STATE

GENERAL PROVISIONS-DEPARTMENT OF STATE

*

SEC. 303.1 There is hereby appropriated, out of any money in the Treasury not otherwise appropriated, a total of $440,000 2 for each fiscal year to carry out (in accordance with the respective authorization amounts) paragraph (2) of the first section of Public Law 74170, section 2(2) of Public Law 84-689, section 2 of Public Law 8642, section 2 of Public Law 86-420, and section 109(b) and (c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985.3 These funds may be disbursed to each delegation, pursuant to vouchers in accordance with the applicable provisions of law, at any time requested by the Chairman of the delegation after that fiscal year begins. Section 2 of Public Law 84-689 is amended by striking out "annually," and inserting in lieu thereof "annually (1)", by striking out "$50,000, $25,000" and inserting in lieu thereof "(2) $100,000, $50,000", and by striking out "and $25,000" and inserting in lieu thereof "and $50,000".

SEC. 304.4

* *

[Repealed-1991]

SEC. 305.5 The following sections of H.R. 1777 (the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989) are waived during Fiscal Years 1988 and 1989 in the event that H.R. 1777 is enacted into law: Sec. 122, Sec. 151 and Sec. 204.

122 U.S.C. 276 note. Sec. 303 provided appropriations for various parliamentary conferences and interparliamentary unions in which the United States participates. For text of legislation cited here, see Legislation on Foreign Relations Through 1991, vol. IV, sec. N.

2 Sec. 304(a)(1) of the Department of State Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2128) struck out "$340,000" and inserted in lieu thereof "$440,000". Previously, sec. 303 of the Department of State Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2207), struck out "$290,000" and inserted "$340,000".

3 Sec. 303 of the Department of State Appropriations Act, 1989 (Public Law 100-459; 102 Stat. 2207), added the reference to sec. 109(c) of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (Public Law 98-164). Sec. 304(a)(2) of the Department of State Appropriations Act, 1991 amended this by adding reference to subsec. (b).

* Sec. 132(h)1) of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 665), repealed sec. 304, relating to occupancy of the Soviet Union's new chancery building in Washington, D.C., and occupancy of the U.S. embassy in Moscow. For full text of sec. 132, see page 27.

$22 U.S.C. 1461 note, 2656 note. H.R. 1777 was enacted into law as Public Law 100-204, on December 22, 1987. For text, see page 116.

q. State Department Basic Authorities Act of 1956

NOTE.-Legislation setting forth original authority for the Department of State (July 27, 1789, c. 4, Sec. 1, 1 Stat. 28; Sept. 15, 1789, c. 14, Sec. 1, 1 Stat. 68) states, "The Secretary of State shall perform such duties as shall from time to time be enjoined on or entrusted 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." (22 U.S.C. 2656)

Public Law 84-885 [S. 2569], 70 Stat. 890, approved August 1, 1956; as amended by Public Law 86-624 [H.R. 11602], 74 Stat. 411, approved July 12, 1960; Public Law 86-707 [H.R. 7758], 74 Stat. 800, approved September 6, 1960; Public Law 86-723 [S. 2633], 74 Stat. 847, approved September 8, 1960; Public Law 87-565 [Foreign Assistance Act of 1962, S. 2996], 76 Stat. 263, approved August 1, 1962; Public Law 88-205 [Foreign Assistance Act of 1963, H.R. 7885], 77 Stat. 391, approved December 16, 1963; Public Law 92-226 [Foreign Assistance Act of 1971, S. 2819], 86 Stat. 20, approved February 7, 1972; Public Law 92-352 [Foreign Relations Authorization Act of 1972, H.R. 14734], 86 Stat. 489, approved July 13, 1972; Public Law 93-475 [State Department Authorization Act, Fiscal Year 1975; S. 3473], 88 Stat. 1439, approved October 26, 1974; Public Law 94-141 [Foreign Relations Authorization Act, Fiscal Year 1976; S. 1517], 89 Stat. 756, approved November 29, 1975; Public Law 94-350 [Foreign Relations Authorization Act, Fiscal Year 1977; S. 3168], 90 Stat. 823, approved July 12, 1976; Public Law 95–45 [H.R. 5040], 91 Stat. 221, approved June 15, 1977; Public Law 95-105 [Foreign Relations Authorization Act, Fiscal Year 1978; H.R. 6689], 91 Stat. 844, approved August 17, 1977; Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963, approved October 7, 1978; Public Law 96-60 [Foreign Relations Authorization Act, Fiscal Years 1980 and 1981; H.R. 3363], 93 Stat. 395, approved August 15, 1979; Public Law 96-465 [Foreign Service Act of 1980, H.R. 6790], 94 Stat. 2071 at 2153 and 2160, approved October 17, 1980; Public Law 97-241 [Department of State Authorization Act, Fiscal Years 1982 and 1983; S. 1193], 96 Stat. 273, approved August 24, 1982; Public Law 98-164 [Department of State Authorization Act, Fiscal Years 1984 and 1985; H.R. 2195], 97 Stat. 1017, approved November 22, 1983; Public Law 98-533 [1984 Act to Combat International Terrorism, H.R. 6311], 98 Stat. 2706, approved October 19, 1984; Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat. 405, approved August 16, 1985; Public Law 99-399 [Omnibus Diplomatic Security and Antiterrorism Act, H.R. 4151], 100 Stat. 871 approved August 27, 1986; Public Law 99-569 [Intelligence Authorization Act for Fiscal Year 1987, H.R. 4759], 100 Stat. 3190, approved October 27, 1986; Public Law 100-204 [Foreign Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331, approved December 22, 1987; Public Law 100-690 [International Narcotics Control Act of 1988, H.R. 5210], 102 Stat. 4181 at 4287,