Statement of Administration Policy: S. 1160 - Foreign Relations Authorization Act for Fiscal Year 1990

(Senate)
(Pell (D) Rhode Island)

Although S. 1160 contains many useful authorities necessary for the conduct of the Nation's foreign relations, the President's senior advisers would recommend that the bill be vetoed unless sections 111 and 112 are deleted.

These provisions, which are overly vague, intrude impermissibly on the President's constitutional authority to conduct relations with foreign governments and to administer U.S. foreign assistance programs. Furthermore, the provisions would:

(1) unfairly expose U.S. officials to potential criminal liability in cases where they would have no reason to believe that their conduct was unlawful; and (2) include many cases where Congress limits or prohibits the use of U.S. funds without any necessary intent to discourage or prevent other governments from pursuing a particular policy.

With the exception of sections ill and 112, the Administration generally supports S. 1160, but urges that the following additional changes be made:

• Amend section 151 of P.L. 100-204 to eliminate the requirement that the embassy site and construction agreements at Mt. Alto and Moscow be terminated absent certain findings by the President. A sense of the Congress provision would be preferable, and would recognize that these important foreign relations decisions are the prerogative of the President.
  
  
• Repeal sections 122 and 204 of P.L. 100-204 which prohibit the use of funds to close State Department and U.S. Information Agency (USIA) posts overseas. Although these prohibitions have been waived statutorily for FYs 1988 and 1989, they remain in force for FY 1990. These provisions intrude upon the President's authority to decide when and where ambassadors or consuls shall be appointed.
  
  
• Delete section 908 which imposes a public financial disclosure requirement on members of the President's Foreign Intelligence Advisory Board. This provision would impose a more burdensome disclosure requirement on Board members than is currently imposed on the President, Director of Central Intelligence, and other government officials, and is inconsistent with the recommendations of the President's Advisory Commission on Federal Ethics Law Reform. The question of financial disclosure by members of this Board should, instead, be addressed in the context of the ongoing effort to revise Federal ethics laws.
  
  
• Increase the appropriations authorizations for State Department operational accounts to as near the request level as possible. This would enable State to fund current construction security requirements, complete the Foreign Service Institute (with the addition of a requested authorization) , and adequately cover other new operational needs.
  
  
• Increase the appropriation authorization for USIA to $949 million as proposed by the Administration. This would allow sufficient resources for TV Marti, the two top priority VOA relay stations (Morocco and Thailand), and maintenance of other activities at current levels.
  
  
• Amend Section 208 to permit USIA to retain control over its satellite network facilities.
  
  
• Delete line item authorizations and earmarks, and provide for a two-year authorization, in order to give the Executive branch sufficient flexibility to manage efficiently State Department and USIA programs.
  
  
• Eliminate or make advisory those provisions that purport to mandate negotiations with foreign governments or international organizations because such provisions impermissibly intrude on the President's constitutional authority to conduct relations with foreign governments.