Page:United States Statutes at Large Volume 101 Part 3.djvu/54

 101 STAT. 1352

PUBLIC LAW 100-204—DEC. 22, 1987

the President makes the determinations and waiver under subsection (c). (c) WAIVER.— (1) PRESIDENTIAL DETERMINATIONS REQUIRED.—The President

may waive subsection (b) if he determines that— (A) it is vital to the national security of the United States that the United States not withdraw from the agreement (and related agreements, notes, and understandings) referred to in subsection (b); (B) steps have been or will be taken that will ensure that the new chancery building to be occupied by the United States Embassy in Moscow can be safely and securely used for its intended purposes; and (C) steps have been or will be taken to eliminate, no later than 2 years after the date of enactment of this Act, the damage to the national security of the United States due to electronic surveillance from Soviet facilities on Mount Alto, President of U.S.

President of U.S.

(2) WHEN DETERMINATIONS MAY BE MADE.—The President

may not make the determination and waiver permitted by paragraph (1) before the end of the 6-month period beginning on the date of enactment of this Act. (3) REPORT TO CONGRESS.—The waiver permitted by paragraph (1) shall not be effective until 30 days after the determinations and waiver are reported to the Congress. Any such report shall include— (A) a detailed justification for each of the determinations; «.i (B) an assessment of the impact on national security of ' the removal of the Soviet Embassy from Mt. Alto; and (C) specify the steps that have been or will be taken to achieve the requirements of paragraphs (1)(B) and (C). (4) NONDELEGATABILITY.—The President may not delegate the responsibility for making the determination and waiver permitted by paragraph (1). (d) NOTIFICATION OF UNAVAILABILITY OF MOUNT ALTO.—If the

V.

President does not waive subsection (b), the Secretary of State shall notify the Government of the Union of Soviet Socialist Republics that the Mount Alto site will cease to be available to that Government for any purpose as of the date which is 1 year and 10 days after the earliest date on which the President could make the waiver under subsection (c). (e) PROHIBITION ON FUTURE USE OF MOUNT ALTO SITE BY FOREIGN

MISSIONS.—If subsection Go) takes effect, the Mount Alto site may not be made available for use thereafter by a foreign mission for any purpose. SEC. 152. RECOVERY OF DAMAGES INCURRED AS A RESULT OF SOVIET INTELLIGENCE ACTIVITIES DIRECTED AT THE NEW UNITED STATES EMBASSY IN MOSCOW.

It is the sense of the Congress that the arbitration process between the United States and the Union of Soviet Socialist Republics, which is currently under way with respect to damages arising from delays in the construction of the new United States Embassy in Moscow, should include Soviet reimbursement of the full costs incurred by the United States as a result of the intelligence activities of the Soviet Union directed at the new United States Embassy in Moscow.

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