DEPARTMENT OF STATE AND RELATED AGENCIES AUTHORIZATION - CONFERENCE REPORT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300020003-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: May 2, 2007
• Sequence Number: 3
• Publication Date: August 9, 1982
• Content Type: OPEN SOURCE

Approved For Release 2007/05/02 : CIA-RDP85-00003R000300020003-6
west, eala9koa~: for a third reading, was read the third State, the International Communl'ca-
ie river ance to Washington from the - The b i was ordaxed to be engrossed 1982_ and 1983 for the I)epartment. of
S O
August 9,1982 CONGRESSIONAL RECORD -SENATE
?* has". voiced strong y official support for Be.tt enacted by the Senate -and . lkztsseo ,
the maintenance of the waterfront Representatives of the ?Tnfte Stales of
land as a park. After careful and re- America;-in Co' -That (a)
posted review, the Commission reject- the Secretary, a . thereinafter
?
y ::incoopera-
referred to as the
ed the proposed construction plans tion with' other public `A aggencfes. Is author-
and voted last year t0 ? with) olEl a. ized to acquire by donation, exchange, or
building permit for the project. transfer the following described lands and
In the report -which: accgt antes S vents comprisin that area, within
904, the Secretary of the Interior -is~ on ` the Dtstrict of Columbia which is generally
record with the- administration's post- bounded on the north by K Street, on the
tion favoring preservation and protec- east by Rock Creek, on'the south by the Po-
tion of the Georgetown waterfront for tomac River, and on the west by a line four
the recreational use of the public. He hundred feet west of Key Bridge, and is gen-
states in a letter to Chairman MCCLURE erally depicted on the map entitled "Poto-
that, "We would support enactment of mac River Shoreline" dated September
S. 901." The Office of Management 1980; and n comple 80,000.
(b) Upon completion of the acquisitions
and Budget concurs in this support. authorized In subsection (a), such area shall
Let me review the reasons for the need be administered by the Secretary In accord-
to pass this legislation. First, since the ance with the provisions of the Act of
1930's the National Park Service has August 25, 1918 (39 Stat. 535),'a.% amended
planned for inclusion of the George- and supplemented (16.U.S.C. I et seq.), and
town waterfront in the National Capi- the Act of August 21, 1935 (49 Stat. 666; 16
taw Park System. U.S.C. 461-467), as part of the park system
Second, the Georgetown waterfront of the National Capital, in a manner so as to
is the only portion of the Capital's assure the preservation and protection of
the Potomac River shoreline and for recre-
main Potomac River shoreline not pro- ational and other compatible purposes. The
tected by inclusion in that system. Secretary shall promulgate such regulations
Third, the entire area of the George- as may be necessary to carry out the provi-
town waterfront is needed as a public sions of this Act.
waterfront park that would provide (c) Exchanges shall be on the basis of
energy-efficient, close-to-home, water- equal value, and either party to the ex-
oriented recreation for residents of the change the pay value accept easp in order to
`National Capital area, and would serve, chchuagee xvu property ex-
e, except that if f the e Secretary deter-
-visitors from across the country. t the public interest, such ex-
Fourth, the entire Waterfront is lo- For may be made other than equal
,, cated within a high-hazard floodplain
where construction of buildings would Effective October 1, 1982, thre are
go against both prudent land manage- ed to be approprtems n scar t c out the rovi
ece
art
y
y ?
ment and sound public policy.
o his Act..
Fifth, the waterfront could be an ap-
propriate location for a future memo-
rial-I trust our Nation will continue
to be blessed with men, women, and
acts of providence worth memorializ-
ing.
Sixth, the District of Columbia,
which owns a portion of the water-
front, has' expressed willingness to
convey its land free of charge to the
National Park Service.
Seventh, the use of the waterfront
for public park purposes is being
threatened by the proposed construc-
tion of a large commercial/residential
complex on privately owned land
within the waterfront.
Lastly, on two occasions the U.S.
Commission on Fine Arts disapproved
plans for the proposed development.
I thank the leadership for agreeing
to take up this matter and welcome
the consideration of the issues sur-
rounding it by my colleagues. Finally,
I hope that the Department of the In-
terior will be moved to perform its
proper function in regard to the water-
front and assist the public in efforts to
maintain the city of Washington for
the enjoyment of all the people of the
Nation.
The PRESIDING OFFICER. The
bill is open to amendment. If there be
no amendment to be proposed, the
question is on engrossment of the bill
and third reading.
DEPARTMENT OF STATE AND
RELATED AGENCIES AUTHORI-
ZATION - CONFERENCE RE-
PORT
Mr. BAKER. Mr. President, I submit
a report of the committee of confer-
ence on S. 1193 and ask for its immedi-
ate consideration.
The PRESIDING OFFICER. The
report will be stated.
The assistant legislative clerk read
as follows:
The committee of conference on the disa-
greeing votes of the two Houses on the
amendment of the House to the bill (S.
1193) to authorize appropriations for fiscal
years 1982 and 1983 for the Department of
State, the International Communication
Agency, and the Board for International
Broadcasting, and for other purposes,
having met, after full and free conference,
have agreed to recommend and do recom-
mend to their respective Houses this report,
signed by all of the conferees.
The PRESIDING OFFICER. With-
out objection, the Senate will proceed
to the consideration of the conference
report.
(The conference report is printed in
the House proceedings of the RECORD
of Aug. 3, 1982, p. H4999.),
Mr. PERCY. Mr. President, I urge
my colleagues to support the confer-
ence report on S. 1193, a bill -author-
izing appropriations for fiscal years
national Broadcasting.
For fiscal ,year 1982, the conference
substitute authorizes appropriations
totaling $2;873,460,060, which is $250
million less than the bill which passed
the Senate and only14.5 million more
For fiscal year 1983, the conference
substitute authorizes appropriations
totaling $2,923,244,000,. which is $86.
million more than the bill: which
passed the Senate, but $80.5 million
less than the executive branch re-
quest.
The decrease in the fiscal year1983
executive branch request contained in
the conference substitute is due large-
ly to the reluctance of the conferees to
fund a construction program for the
International Communication Agency,
the costs of which will not be obligat-
ed until- fiscal year 1984 and fiscal year
1985.
The total amount authorized in this
conference report for fiscal year 1983
is essentially within the guidelines.set
for this purpose in the first concurrent
resolution on the budget for fiscal
A ask unanimous consent that two
tables setting forth the amounts au-
thorized by the conference substitute
be printed In the RECORD.
There being no objection, the tables
were ordered to be printed in the
RECORD, as follows:
TABLE L-BUDGET ISSUES: FISCAL YEAR 1982
on tousands of dollars),
Department of State
Administration of foreign affalos..1,245,637 1,318,754 1,245,637 1,245,637
International organizations and
conferences---------- ......... . 503,462 523,806 503,462 503,462
International commissions .......... 19,808 22,508 19,808 19,808
U.S. bilateral science and tech-
noisgy agreements .................. 3,700 3,700 3,700 3,700
Asia Foundai on_..........__..........__. 4,500 ._.___.-r ' 4;500
Migration and refugee assist-
am ......... _.._......_.._...._...... 504,100 560,850 504,100 504,100
Subtotal, Department of
State ....................... _.._..... _:..2,276,707 2,434,118 2,276,707 2,281,207
International Communication
pay ....:........................_.. 494,034 561,402 494,034 494.034
BoarU for International Broadcast-
. in....._........_..........._...._....... 86.519 98.317 86,519 86,519
Inter Americaa Foundaton_.._......_ 12,000 12,000 10,560 12,000
Arms Control and Disarmament
prow ding a separate authorization .for the Asks Foundation for fecal
' In
years 1982..ne 1983, the. conform expect the eaeudive hralch. In rquent
TABLE II.-BUDGET ISSUES: FISCAL YEAR 1983
(in thousands of dollars)
Departrwl istrato aof foreign affairs..1,248,059 1,248,059 1,248,059 1,248,059
International organizations and
cardeeonces.........-...._...... ._. 514,436 514,436 514,436 514.436
International commissions........... 22,432 , 22,432 .22,432 22.432
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August 9,1982 CONGRESSIONAL RECORD SENATE
will have the responsibility for issuing the tect of the Capitol. This authority neither
regulations governing public participation, increases the Federal representation nor of
Sectioin 206(c)(3)provides-alimitati`on pf 6 fects the District majority theaeon appoint
-r` under this section. This -S-intended to District of efu Yi a = ` : '
Insure an expeditious process which will Section 4060)(2)-pr dea than for pure
avoid the extensive and overlapping pro-
ceedings, which are required under existing
law and regulations. A time limit of 6
months should, in most cases, be more than
sufficient to complete the decisionmaking
process. It is expected, however, that final
decisions will, to the extent possible, be
made in a shorter period.
Section 206(d) sets forth the criteria to be
applied in the determination -of chancery
issues, which are intended to balance the
municipal and Federal interests. In brief,
these criteria include: (1) Recognition of the
international obligation of the United
States concerning the location of chancery
facilities in the Nation's Capital; (2) historic
preservation; (3) adequacy of parking and
public transportation; (4) availability of
Federal security; (5) the municipal interest,
as determined by the Mayor of the District
of Columbia, which includes matters such as'
traffic, height, bulk, area impact, among
others; and (6) the Federal interest, as de-
termined- by the Secretary of State, which
includes matters such as national security,
foreign relations concerns, and the recipro-
cal impact on U.S. missions abroad.
Section 206(e)(1) provides that regula-
tions, proceedings, and other actions of the
National Capital Planning Commission
(NCPC), the D.C. Zoning Commission, and
the Board of Zoning Adjustment of -the Dis-
trict of Columbia, shall be consistent with
the provisions of this section, including the
criteria described above, in order to assure
consistency among actions of the several
bodies administering this section.
Section 206(e)(2) provides for referral to
NCPC for review and comment of proposed
actions of the Zoning Commission, as is re-
quired under existing law.
Section 206(f)'provides that proceedings
concerning chanceries under this section
would be conducted under a rulemaking and
not an adjudicatory procedure. This will
provide a process compatible with the con-
duct of diplomatic relations between the
sovereign nations involved, and the partici-
pation of their diplomatic representatives in
these proceedings. Such rulemaking proce-
dures are currently employed by the Zoning
Commission of the District of Columbia in
some of its proceedings.
Section 206(g) directs the Secretary of
State to require substantial compliance with
building and related codes by foreign mis-
sions, which is stricter than current practice
under which these codes are not enforced
with respect to foreign missions because of
diplomatic immunity. This subsection per-
mits the Secretary of State to accommodate
special building requirements, generally in-
volving security, communications, and relat-
ed needs, which are often required to be ad-
justed in a similar manner for U.S. missions
abroad.
Section 206(h) provides grandfather rights
for existing chancery locations and uses, so
that such issues need not be reopened.
Section 206(i)(1) authorizes the President
to adjust Federal representation on the D.C.
Zoning Commission for purposes of proceed-
ings under this section, in order to reflect,
as appropriate, national security and for-
eign policy concerns. Under existing law,
one Federal agency representative is now a
member of the Zoning Commission. The
Zoning Commission of the District of Co-
lumbia is composed of three representatives
appointed by the Mayor of the District, one
Federal agency representative (currently
the National Park Service), and the Archi-
poses of chancery issues, the?Feelersil agehcy
represeriative.(who ipa3fbe the emoting offi?
vial or one designated under tike preceding
subsection (i)(1)) shall also be the Zoning
Commission representative on the Board of
Zoning Adjustment. The Board of Zoning
Adjustment of the District off Columbia is
composed of three persons appointed by 'the
Mayor of the District,-one representative of
the Zoning Commission, 'and one repre-
sentative of the National Capital Planning
Commission. Under existing law and prac-
tice, one member of the Commission cur-
rently serves on the Board on a rotating
basis. This provision therefore assures that
the Federal interest will always be appropri-
ately reflected in the performance of the
Board's functions under this section. It does
not affect the District majority appointed to
the Board by the Mayor of the District of
Columbia. This subsection also provides
that in chancery proceedings, the NCPC
representative serving on the Board shall be
the Executive Director of the Commission,
which conforms to the existing NCPC prac-
tice of appointing a staff member for such
purposes. -
Section 206(1) provides that other provi-
sions of law shall apply to chanceries in the
District of Columbia only to the extent they
are consistent with this section. This is in
lieu of the House provision which made the
Foreign Missions Act the exclusive law gov-
erning foreign missions in the District.
Preemption
Section 207 expresses the preemptive
effect of the right of the Federal Govern-
ment, through the' Secretary of State, to
preclude the acquisition of any benefits by a
foreign mission within the United States. A
denial by the Secretary, for example, of a
right of a particular foreign government to
open or maintain a mission within the
United States, or a condition limiting the
number of their personnel or other factors
relating to the mission, would be control-
ling. This is consistent with current practice
and reflects the policy of Federal preemp-
tion in foreign relations. This subsection
does not otherwise affect State of local law
or regulations. Nothing in this section
would require any State or local authority
to take any affirmative action. The princi-
pal impact of its terms is to preclude reli-
ance on local law, regulation, or practice by
a foreign mission in an effort to secure
benefits contrary to limitations imposed by
the Secretary. This limited preemption is
necessary in order to assure that the pur-
poses of the Foreign Missions Act are car-
ried out.
Of course, State and local governments
are obliged to respect the rights of foreign
missions to be granted certain benefits
under international law and international
agreements in force. The views of the Secre-
tary of State on the requirements of inter-
national law are authoritative in this
regard. Should a State or local governmen-
tal entity wish to deny benefits which it is
not obliged to grant, contrary to a determi-
nation by the Secretary of State that such
benefits should be granted, the matter
would, as under present practice, be subject
to resolution through discussions between
the Department of State and the State or
local governmental entity. The committee
of conference notes that the interests of the
Department in promoting foreign policy and
national security interests and the interests
of State and local governments in protecting
S 1001V
local citizen interests. are not necessarily in-
compatiible.and fi ef-org t~ forwa t
This aeetioA a1S9 reams coordination
among Federal agencies, under the leader-
ship of the. Secretary of State, -iii'order-
achievean effective policy of reciprocity. so
as to fulfill the purposes etthis Iegislatiqn
by precluding any Federal agency from
taking any action inconsistent with the For.
eign Missions Act. The proon has the
effect of rendering unenforceable -any rules
or regulations of any Federal. agency,-to the
extent that such rules or regulations would,
confer or deny benefits contrary - to this
conflicting. The committee of conference
expects,- in particular, that certain responsi-
bilities will be moved from the Office of
Protocol to the Office of Foreign Missions,
including such matters as: (1) the determi-
nation -of eligibility and issuance of creden-
tials of diplomatic, consular, and other for-
eign government officers and employees
with respect to rights, privileges, and immu-
nities; (2) advising and acting as liaison to
State and local government authorities on
diplomatic privileges and immunities and re-
lated matters; (3) providing certifications of
the immunity status of individuals for use
in court cases; (4) requesting waiver of im-
munity in appropriate cases; (5) assisting in
rights, privileges, and immunities of foreign
government missions and personnel; and (6)
IC missions.
In certain areas, the Secretary may find it
appropriate to permit sharing of responsi-
committee expects the new office to resolve
the inherent conflict between protocol
duties and those duties involving regulation.
of foreign, mission activities. Appropriate 11
conflicts are minimized.
Mr, ;PERCY. Mr. President, in con-
clusion, the Foreign Relations Author-.
between the two Houses. The manag-
ers on the part of the Senate were dili-
gent in their efforts to uphold the
Senate position and were, I believe,
the belief of the Senate conferees that
the compromises in the conference
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810014
some very difficult issues. Therefore, I
urge the adoption of the conference
report.
Mr. PELL. Mr. President, passage of
the conference report on S. 1193 will
provide authorization for fiscal years
1982 and 1983 for the State Depart-
ment, the International Communica-
tion Agency-redesignated by the bill
as the U.S. Information Agency-and
the Board.for International Broadcast-
ing. Although the total funding au-
thorized for these three agencies is rel-
atively modest as compared to the De-
partment of Defense budget-
$2,873,760 for fiscal year 1982 and
$2,923,244 for fiscal year 1983-these
agencies have an absalutely vital na-
tional security role. Diplomacy, be it
the Government-to-Government rep-
resentation of the State Department
or the public diplomacy of USIA and
BIB, is the most cost-effective way, in
terms of money and lives to protect
and promote U.S. national interests.
S. 1193 includes several important
provisions to strengthen our represen-
tation abroad. The conference substi-
tute mandates the reopening of seven
closed consulates and earmarks funds
for that purpose. This will enhance
our visible presence overseas. The bill
also includes a provision, initiated by
Senator GLENN, to exempt the inter
American organizations-OAS, PAHO,
IICA-from the debilitating effects of
the administration's deferral plan.
S. 1193 also incorporates two provi-
sions, of which I am proud to have
,been the author, to strengthen our
public diplomacy. The first provision
mandates a doubling of exchange-of-
persons programs in real terms over
the next 4 years and specifically ear-
marks increases in fiscal year 1983 of
37 percent to 46 percent over the fiscal
year 1982 levels in the Fulbright aca-
demic exchange program, the interna-
tional visitor program, the Humphrey
fellowship program, and the private
sector program, all programs with a
proven record of effectiveness. This
provision reverses a long-term decline
in U.S. exchange programs which has
left us outspent by the Soviet Union in
this area by more than 10 to 1.
Second, this bill strengthens the
Federal oversight over Radio Free
Europe and Radio Liberty by requiring
that the Directors of the RFE/RL
Board be the same as the Presidential-
ly appointed Directors of the Board
for International Broadcasting. This
provision, which in no sense federal-
izes the radios, will insure more effec-
tive use of the U.S. tax dollars in pro-
viding a source of reliable information
on Eastern Europe and the Soviet
Union to the people of 'those coun-
tries.
Passage of the conference report on
S. 1193 will lead to strengthening of
the diplomatic arm of our Govern-
ment. This strengthening is being ac-
complished, I would note, with slightly
less than the amounts requested in
the President's budget for fiscal year
1982 and fiscal year 1983.
CONGRESSIONAL RECORD - SENATE August 9, 1982
In the long run, however, the Con-
gress must address itself to the prob-
lems caused by the real decline in re-
sources devoted to our foreign affairs
agencies. I note that since 1960 the
number of State Department Foreign
Service Officers has declined from
3,717 to 3,564 while the number of
missions overseas has increased from
165 to 224. In the same period, consul-
ar loads have increased 900 percent
and Washington's demand for report-
ing cables has increased 400 percent. A
comparable situation exists at USIA,
which the mandated increase in ex-
changes will only partially correct.
Again let me emphasize that the fail-
ure to provide adequate resources to
these vital tasks will over time under-
mine our national security.
The PRESIDING OFFICER. The
uestion is on agreeing to the confer-
nee report.
The conference report was agreed to.
RECESS UNTIL 10 A.M. TOMORROW
Mr. BAKER. Mr. President, I ask
unanimous consent that when the
Senate completes its business today it
stand in recess until the hour of 10
a.m. on tomorrow.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
ORDER FOR THE RECOGNITION OF'VARIOUS
SENATORS ON TOMORROW
Mr. BAKER. Mr. President, I ask
unanimous consent after the recogni-
tion of the two leaders under the
standing order, that the following Sen-
ators be recognized bn special order
for not to exceed 15 minutes each:
Senators CHILEs, HEFLIN, LEViN, and
HUMPHREY.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
ORDER FOR PERIOD FOR TRANSACTION OF
ROUTINE MORNING BUSINESS ON TOMORROW
Mr. BAKER. Finally, Mr. President,
I ask unanimous consent that after
the execution of the special orders
there be a brief period for the transac-
tion of routine morning business to
extend not past the hour of 11:30 a.m.
in which Senators may speak for not
more than 3 minutes each.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
ROUTINE MORNING BUSINESS
Mr. BAKER. Mr. President, there is
provision for a period for the tranac-
tion of routine morning business, is
there not?
The PRESIDING OFFICER. There
is.
Mr. BAKER. I yield back my time,
Mr. President, so that the Chair may
put the Senate in morning business.
The PRESIDING OFFICER. There
will now be a period for the transac-
tion of routine morning business.
Mr. BAKER. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. FORD. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
THE FEDERAL ELECTION
COMMISSION
Mr. FORD. Mr. President, the Fed-
eral Election Commission is so often
the subject of criticism that it is far
too easy to overlook and slight the val-
uable services performed by that
agency.
It is refreshing to receive favorable
comment regarding the FEC from an
organization as involved in the con-
duct of Federal elections as the Inter-
national Institute of Municipal Clerks,
many members of which are regularly
involved in the administration of Fed-
eral elections.
Recently I received a letter from
that organization in support of full
funding of the FEC. In particular, the
institute praised the assistance and in-
formation provided by the programs
of the clearinghouse to State and local
election officials-services which are
not available from any other agency.
In both its letter and a resolution
adopted by IIMC, the institute makes
note of the savings to the local offi-
cials as a result of the information
provided by the FEC's clearinghouse,
and its State and local workshops for
local election administrators. It should
be noted that the clearinghouse func-
tions of the FEC have had very little
funding during the past year, and that
the present budget for next year will
provide for very little as well-less
than $175,000, in fact. That this
agency can continue to function with
so little, and still provide services that
cut costs for those local agencies that
administer our Federal elections is a
remarkable feat, and deserves com-
mendation.
The clearinghouse, however, cannot
continue to provide so many support
services to the States in the future
without adequate funding. It would be
shortsighted and a false economy on
our part to continue to restrict the
funding of this agency in view of the
savings it has been able to make possi-
ble for local election officials in the
administration of Federal elections
throughout the country.
Mr. President, I ask unanimous con-
sent that the letter and resolution of
the IIMC be included in the RECORD in
full immediately following this state-
ment.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
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