Page:United States Statutes at Large Volume 101 Part 3.djvu/57

 PUBLIC LAW 100-204—DEC. 22, 1987

101 STAT. 1355

facility in any Communist country where classified materials are maintained. (b) DEFINITION.—As used in this section, the term "Communist country" means a country listed in section 620(f) of the Foreign Assistance Act of 1961. (c) ADDITIONAL FUNDS FOR HIRING UNITED STATES CITIZENS.—The

Congress expresses its willingness to provide additional funds to the Department of State for the expenses of employing United States nationals to replace the individuals dismissed by reason of subsection (a). (d) REPORT AND REQUEST FOR FUNDS.—As a part of the Department of State's authorization request for fiscal years 1990 and 1991, the Secretary of State, in consultation with the heads of all relevant agencies, shall submit— (1) a report, which shall include— (A) a feasibility study of the implementation of this section; and (B) an analysis of the impact of the implementation of this section on the budget of the Department of State; and (2) a request for funds necessary for the implementation of this section pursuant to the findings and conclusions specified in the report under paragraph (1). President of U.S. (e) WAIVER.—The President may waive this section— (1) if funds are not specifically authorized and appropriated to carry out this section; or (2) the President determines that it is in the national security interest of the United States to continue to employ foreign service nationals. The President shall notify the appropriate committees of Congress President of U.S. each time he makes the waiver conferred on him by this section. SEC. 158. TERMINATION OF RETIREMENT BENEFITS FOR FOREIGN NATIONAL EMPLOYEES ENGAGING IN HOSTILE INTELLIGENCE ACTIVITIES.

(a) TERMINATION.—The Secretary of State shall exercise the authorities available to him to ensure that the United States does not provide, directly or indirectly, any retirement benefits of any kind to any present or former foreign national employee of a United States diplomatic or consular post against whom the Secretary has convincing evidence that such employee has engeiged in intelligence activities directed against the United States. To the extent practicable, the Secretary shall provide due process in implementing this section. Ob) WAIVER.—The Secretary of State may waive the applicability of subsection (a) on a case-by-case beisis with respect to an employee if he determines that it is vital to the national security of the United States to do so and he reports such waiver to the appropriate committees of the Congress. SEC. 159. REPORT ON EMPLOYMENT OF FOREIGN NATIONALS AT FOREIGN SERVICE POSTS ABROAD.

Not later than 6 months after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Agriculture, the Director of Central Intelligence, the Director of the United States Information Agency, and the Director of the Peace Corps, shall submit to the Congress a report discussing the advisability of employing foreign nationals at

22 USC 4041 note.

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