Pub. L. 102-138, tit. I, pt. C, sec. 132

CONSTRUCTION OF DIPLOMATIC FACILITIES.

EnactedYear: 1991Length: 1,361 wordsOfficial source
SEC. 132. CONSTRUCTION OF DIPLOMATIC FACILITIES. (a) Limitation.—Amounts appropriated pursuant to section 101(a)(7) shall be available for obligation and expenditure subject to the provisions of this section. (b) Comprehensive Plan.—(1) Not later than 180 days after the date of enactment of this Act, the Secretary of State, in coordination with the heads of other appropriate Government agencies, shall prepare and submit to the appropriate committees of the Congress, a comprehensive plan which sets forth current and future space requirements for the United States Mission in Moscow and now such requirements will be met. 105 STAT. 663 (2) In addition to such other information as the Secretary of State considers necessary and appropriate, such plan shall include detailed information concerning requirements for— (A) United States constructed and secure office space to house all classified or sensitive activities from the most secure to unclassified but sensitive functions; (B) unclassified nonsensitive office functions; (C) staff housing that is physically safe, secure, and adequate for the needs of the entire United States Mission, both permanent and transient; (D) secure and unsecured warehousing; (E) recreational facilities; (F) expanded activities of the United States Information Agency, including offices and cultural activities; (G) expanded consular activities of the Mission; (H) expanded activities of the Foreign Commercial Service of the Department of Commerce; (I) activities of the Immigration and Naturalization Service; and (J) all other anticipated United States Government space requirements. (3) In the preparation of such plan, the Secretary shall ensure that detailed consideration be given to at least three construction options for the new chancery building at the United States Embassy in Moscow: (A) full teardown and rebuild; (B) four floor “top hat” in which two floors are removed from the unfinished New Office Building and four floors added; and (C) a two floor “top hat” in which no floors are removed but two are added. (c) Implementing Documents.—The Secretary of State shall make available to the appropriate committees of Congress copies of all agreements, including memoranda of understanding, exchanges of letters, and all other written agreements with the governments of the Soviet Union, the Russian Republic, and the City of Moscow necessary to implement the comprehensive plan under subsection (b). (d) Report.— (1) Not later than 60 days before the obligation or expenditure of any funds authorized to be appropriated under section 101(a)(7), the Secretary of State and the Director of Central Intelligence shall submit to the appropriate committees of the Congress a joint written report on alternative approaches to the reconstruction of the new chancery building at the United States Embassy in Moscow (as authorized under section 101(a)(7)). (2) Contents of report.—The report under paragraph (1) shall contain a detailed comparison of the relative advantages and disadvantages of all alternatives considered with respect to the new chancery building at the United States Embassy in Moscow and shall identify the alternative selected for implementation. Such report shall include an analysis of the following factors: (A) Estimated cost of completion, based on comparable levels of fit, finish, and equipment. (B) Estimated time to completion. (C) Total amount of secure and nonsecure space available for office and other functions. 105 STAT. 664 (D) Whether classified or sensitive functions would be conducted in nonsecure areas, and, if so, how the conduct of such functions would be made secure. (E) Whether, and to what extent, Embassy functions or normal work practices would have to be rearranged in order to accommodate limitations on secure space. (e) Extraordinary Security Safeguards.— (1) In carrying out the reconstruction project for the new chancery building at the United States Embassy in Moscow, the Secretary of State shall ensure that extraordinary security safeguards are implemented with respect to all aspects of security, including materials, logistics, construction methods, and site access. (2) Such extraordinary security safeguards under paragraph (1) shall include the following: (A) Exclusive United States control over the site during reconstruction. (B) Exclusive use of United States or non-Soviet materials with respect to the new chancery structure. (C) Exclusive use of United States workmanship with respect to the new chancery structure. (D) To the extent feasible, prefabrication in the United States of major portions of the new chancery. (E) Exclusive United States control over construction materials during the entire logistical process of reconstruction. (f) United States-Soviet Reciprocity Concerning Occupancy of New Chancery Buildings.—The Secretary of State may not permit the Soviet Union to use any new office building at the Soviet Union’s new Mount Alto embassy complex in Washington, District of Columbia, or any other new facility in the Washington metropolitan area, until— (1) the new chancery building at the United States Embassy in Moscow is ready for occupancy; (2) the Secretary of State and the Director of Central Intelligence certify, on the basis of the best available information, that the new chancery building at the United States Embassy in Moscow provides a secure working environment for all sensitive diplomatic activities from unclassified but sensitive functions to the most highly classified functions, provides adequate secure or securable office space for future mission needs, and can be safely and securely occupied by the United States and used for its intended purpose; and (3) the Soviet Union agrees to provide full reimbursement (in the form of cash payment, property, or other goods and services of real monetary value) to the United States for costs incurred by the United States as a result of noncompliance with the terms and requirements of 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, as well as other activities which have impeded use of the unfinished new office building of the United States Embassy of Moscow for its intended purpose, the amount of such reimbursement shall be determined by agreement 105 STAT. 665between the United States and the Soviet Union, or by arbitration. (g) Report.—In the event the amount of reimbursement agreed to under subsection (f) by the Soviet Union is less than the amount of funds expended for the damages described in subsection (f) that are determined by the Secretary of State to be the responsibility of the Soviet Union, the Secretary of State shall submit a report to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. Such report shall contain a detailed explanation of the reasons the Secretary accepted the settlement arrangements of the United States claims and the financial costs to the United States of doing so. (h) Conforming Amendments.— (1) Section 304 of Public Law 100–202 (The Department of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 1988) is repealed. (2) Section 154 of Public Law 99–93 (The Foreign Relations 1329–23. Authorization Act, Fiscal Years 1986 and 1987) is repealed. (3) The Supplemental Appropriations Act 1985 (P.L. 99–88) is amended under the heading “ACQUISITION, OPERATION, AND MAINTENANCE OF BUILDINGS ABROAD” for the 99 Stat. 307.Department of State by striking out “: Provided,” and all that follows before the period at the end of subsection (d). (i) Definitions.—For the purposes of this section, the term “appropriate committees of Congress”, means the Committee on Foreign Affairs, the Committee on Appropriations, and the Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate. (j) Establishment of Additional United States Missions in the Soviet Union.—Not later than 120 days after the date of enactment of this Act, the Secretary of State shall prepare and submit a report to the Congress outlining plans for the establishment of additional United States missions in the former Soviet Union. Particular priority should be placed on establishing an appropriate United States presence in Tbilisi, Georgia; Kishinev, Moldavia; Yerevan, Armenia; and Khabarovsk, Russia or another suitable nearby location in the Russian Far East. Such report shall include the number of missions and personnel, projected costs, and the ramifications regarding reciprocity for Soviet missions in the United States.
Pub. L. 102-138, tit. I, pt. C, sec. 132: CONSTRUCTION OF DIPLOMATIC FACILITIES. | Justis AI