UNITED STATESSOVIET EMBASSY AGREEMENT: PROHIBITION ON USE OF MT. ALTO SITE.

SEC. 151. UNITED STATESSOVIET EMBASSY AGREEMENT: PROHIBITION ON USE OF MT. ALTO SITE. (a) Findings.— The Congress finds that— (1) the Government of the Union of Soviet Socialist Republics has intentionally and substantially violated international agreements with the United States concerning the establishment and operation of the new United States Embassy complex in Moscow by significantly delaying progress and by constructing the premises of that Embassy so as to compromise the security of United States operations, thus rendering the premises unuseable for the primary purpose intended under those agreements; (2) the Soviet Government’s actions constitute a material violation of international law and a substantial default in performance under the contract for construction of the new United States Embassy complex, and the United States is entitled to claim appropriate compensation; (3) due to actions of the Government of the Union of Soviet Socialist Republics, United States Government personnel cannot pursue their official duties in confidence, as the national security and diplomatic relations of the United States requires, within the new United States Embassy being constructed in Moscow; (4) the Government of the Union of Soviet Socialist Republics has similarly taken steps to impair the full and proper use of the present United States Embassy in Moscow, to the detriment of the national security of the United States and its ability to conduct diplomatic relations; (5) as a result of the substantial violations by the Soviet Union of these international agreements with the United States and other Soviet violations of international law, the United States is entitled to terminate, in whole or in part, those agreements; (6) termination of such agreements may include withdrawal of rights and privileges otherwise granted to the Soviet Union concerning the establishment of a new Soviet Embassy complex in Washington, District of Columbia; (7) the location of the new Soviet Embassy on Mount Alto creates serious concerns with respect to electronic surveillance and potential damage to the national security of the United States; and (8) to protect the national security of the United States, therefore, the United States should exercise its right to terminate the Embassy agreements in view of the substantial and intentional Soviet breaches thereof, unless the threat to the national security posed by adherence to those agreements can be overcome. (b) Withdrawal From Embassy Agreement.— The United States shall withdraw from the Agreement between the Government of the United States and the Government of the Union of Soviet Socialist Republics on the Reciprocal Allocation for Use Free of Charge of Plots of Land in Moscow and Washington (signed at Moscow, May 16, 1969) and related agreements, notes, and understandings unless 101 STAT. 1352the 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. (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; (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 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 (b) takes effect, the Mount Alto site may not be made available for use thereafter by a foreign mission for any purpose.