DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 1982-83

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• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300020007-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 38
• Document Creation Date: December 20, 2016
• Document Release Date: May 2, 2007
• Sequence Number: 7
• Publication Date: October 29, 1981
• Content Type: OPEN SOURCE

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H 7896
CONGRESSIONAL RECORD - HOUSE October 29, 1981
sight into what is- happening in the (Mr. ECKART asked and was given
Defense Department. permission to revise and extend his re-
Mrs. SCHROEDER. Mr. Speaker, I marks.)
yield 1 minute, for the purposes of Mr. ECKART. Mr. Speaker, I thank
debate only, to the gentleman from the gentlewoman for yielding me this
Connecticut (Mr. DENARDIS). time.
(Mr. DENARDIS asked and was The gentlewoman from Colorado
given permission to revise and extend (Mrs. SCHROEDER) and those who have
his remarks.) stood in support of this motion to in-
Mr. DENARDIS. Mr. Speaker, refer- ' struct ought to be commended for the
ence has been made in this debate to foresight with which they have ad-
Members who have not read the Nunn dressed this issue before us today.
amendment or who do not fully under- What we must keep in mind is that
stand its implications. Let me say to this motion today actually strengthens
those who have raised those points our national defense because we must
that there are Members who do their realize, that the Pentagon is not a bot-
homework and there are Members tomless pit of cost overruns, and that
who are not intimidated by technical if we really are interested in getting
jargon and who will not be deterred by the most out of our defense dollar, we
arguments raised on a vague appeal .to ought to abandon the idea and the
trust those who from their vast experi- concept of gold-plated weapons sys-
ence say it is so. - tems which do not truly enhance our
Escalating of unsupported costs and defense capabilities.
inflation, predominantly so in defense, I listened with interest to ,the argu-
is a matter of critical importance to all ments of the opponents. All of them
of us regardless of our committee as- said they supported the major thrust
signments. It is entirely appropriate' of this amendment, yet found our
and urgently necessary that we sup- instructions to be objectionable. I
port the initiative of the gentlewoman heard one Member say, "I am against
from Colorado (Mrs. SCHROEDER). - it, but, heavens, please don't make me
Although it is advisory in nature, it do anything about it. This is a prob-
is a matter of serious concern. It will lem, but don't make me do anything to
express the sense of the House on a correct it." This is ridiculous. If we are
critical issue. It is extremely impor- not part of the solution, then we
tant to set the tone, to mark out limits become part of the problem.
and begin in earnest our unrelenting I heard talk of an adjustment that
effort to control defense costs. the opponents will make in the course
Mr. Speaker, I say to the distin- of the conference committee delibera-
guished gentleman from Alabama (Mr. tions. But I am an old fisherman, and
DICKINSON), who I respect a great when I bring a fish home and give it to
deal, that when he asks us not to tie my wife and she gets through fileting
his hands in conference, he gives the it, it might taste like a fish and smell
impression that there is room for com- like a fish but when she is through
promise on the issue of controlling gutting it, it sure does not look like a
cost overruns and waste in defense fish anymore. I am afraid that when
spending. I feel we must join hands the conference committee finishes
with the Senate on this critically im- with their adjustments to this fine
port ant matter. amendment we would hardly recognize
it
Mrs. SCHROEDER. Mr. Speaker, I
yield such time as he may consume to Let us not be misled. All we are talk-
the gentleman from Louisiana (Mr. ing about is sound fiscal planning. All
ROEMER). we are talking about is getting our
(Mr. ROEMER asked and was given hands on an item in our budget which
permission to revise and extend his re- will very soon be 30 cents out of every
marks.) budgetary dollar.
Mr. ROEMER. Mr. Speaker, I rise in Mr. Speaker, this motion is in order
of this amendment. and should be properly approved by a
strong support
It is time for this amendment; it is majority of the House.
past time for it. This next year is im- The SPEAKER pro tempore. All
portant to the fiscal integrity of this time has expired.
country, and this amendment strongly Mrs. SCHROEDER. Mr. Speaker, I
supports that effort. move the previous question on the
motion to instruct.
This amendment will strengthen the The previous question was ordered.
cost accounting for expensive overruns The SPEAKER pro tempore. The
on military weapon systems. In truth, question is on the motion to instruct
this amendment will strengthen the offered by the gentlewoman from
military defense of our Nation. Colorado (Mrs. SCHROEDER).
I thank the gentlewoman from Colo- The motion to instruct was agreed
rado for offering it. to.
Mrs. SCHROEDER. Mr. Speaker, I A motion to reconsider was laid on
thank the gentleman from Louisiana the table.
(Mr. ROEMER).
I now yield my concluding tim t -~-
the gentleman from Ohio (eMr ARTMENT OF STATE AU-
ECKART). THORIZATION ACT, FISCAL
The SPEAKER pro tempore. Th YEARS 1982-83
gentleman from Ohio (Mr. ECKART) is Mr. MOAKLEY. Mr. Speaker, by di-
recognized for 1'/2 minutes. rection of the Committee on Rules, I
call up House Resolution 257 and ask
for its immediate consideration.
The Clerk read the resolution, as fol-
lows:
H. RES. 257
Resolved, That upon the adoption of this
resolution it shall be in order to consider in
the House, without intervening motion and
section 401(a) of the Congressional Budget
Act of 1974 (Public Law 93-344) to the con-
trary notwithstanding, 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 Broadcast-
ing, and for other purposes. It shall then be
in order in the House to move to strike out
all after the enacting clause of the said
text of the bill H.R. 4814, all points of order
against said amendment for failure to
comply with the provisions of clause 5, rule
XXI are hereby waived, said amendment
shall be considered as having been read, and
the previous question shall be considered as
ordered on said amendment and on the bill
to final passage without intervening motion
except one motion to recommit with or
without instructions. After the passage of S.
1193, it shall be in order to move that the
House insist on its amendment to said bill
and request a conference with the Senate
thereon.
The SPEAKER pro tempore. The
gentleman from Massachusetts (Mr.
MOAKLEY) is recognized for 1 hour.
Mr. MOAKLEY. Mr. Speaker, I yield
the usual 30 minutes, for purposes of
debate, to the gentleman from Missou-
ri (Mr. TAYLOR), pending which I yield
myself such "time as I may consume.
(Mr. MOAKLEY asked and was
given permission to revise and extend
his remarks.)
Mr. MOAKLEY. Mr. Speaker, House
Resolution 257 is the rule which pro-
vides for the consideration of S._ 1193,
the 1982, 1983 authorization bill for
the State Department, the Interna-
tional Communication Agency, and
the Board for International Broad-
casting. The rule would permit consid-
eration of S. 1193 in the House but
would make in order a motion to strike
the text of the bill and insert, in lieu
thereof, the language of H.R. 4814, a
clean bill introduced by members of
the Committee on Foreign Affairs.
Mr. Speaker, among other provi-
sions, the rule waives section '401(a) of
the Budget Act which would otherwise
lie against S. 1193. Section 401(a) pro-
vides that it shall not be in order to
consider any bill which provides new
contract or new borrowing authority
unless that bill also provides that such
new spending authority is to be effec-
tive for any fiscal year, only to the
extent or in such' amounts as are pro-
vided in advance in 'appropriations
acts. Section 808 of S. 1193 would
grant the Director of the Internation-
al Communications Agency the au-
thority to enter into insurance con-
tracts. It does not, however, limit that
authority to amounts provided in ad-
vance in appropriations acts. Such a
provision violates section 401(a) of the
Budget Act and requires a waiver
granted by the Rules Committee.
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 Mr. PANETTA. I thank the gentle-
man.
Mrs. SCHROEDER. Mr. Speaker, I
yield 1 minute to the gentlewoman
from Rhode Island (Mrs. SCHNEIDER)
for the purposes of debate only.
(Mrs. SCHNEIDER asked and was
given permission to revise and extend
her remarks.)
Mrs. SCHNEIDER. Mr. Speaker, I
rise in support of the motion by the
gentlewoman from Colorado to in-
struct the conferees. I think that this
s a fine opportunity for we, as Mem-
cusing on fiscal responsibility.
Fiscal accountability in the Defense
Department is of utmost importance,
and is exceedingly timely in this time
of budget restraints. We are provided,
by this amendment, with the opportu-
nity for a management focus in order
to determine our priorities, and where
and how to spend our dollars to have
the most efficient defense systems
imaginable. I think that the provisions
of this amendment will provide us
overruns, and it will also put those of-
ficials who are responsible for these
overruns in a position of accounting
for them.
This is the kind of legislation that
the people of this country, I feel, are
looking forward to, and this will make
a major difference In our defense effi-
ciency.
Mr. DICKINSON. Mr. Speaker, I
will be very pleased to yield to the
gentleman from Illinois (Mr. O'BRIEN)
fora question.
Mr. O'BRIEN. Mr. Speaker, I thank
the gentleman for yielding.
I think the gentleman from Califor-
nia moments ago said it quite well; in-
structing conferees, in my judgment, is
a little bit like an injunction. It is an
extraordinary remedy to be used only
very rarely, and not in this instance.
It seems to me that any signals in-
tended to influence our House confer-
ees have certainly been made clear in
this Chamber this afternoon. I think
the real issue is that we should not de-
liberately strengthen the hand of the
other side in debate in conference with
our,conferees. Candidly, I believe that
ours are more knowledgeable. For that
reason, I would vote again to open the
debate, as I did early on, but I oppose
the Schroeder amendment on the
merits.
Mr. DICKINSON. I thank the gen-
tleman.
Mr. FINDLEY. Mr. Speaker, will the
gentleman yield?
Mr. DICKINSON. I yield to the gen-
tleman from Illinois.
Mr. FINDLEY. Mr. Speaker, I thank
the gentleman for yielding.
I voted against tabling because I be-
lieve discussion should occur. But I
will vote against instructing conferees.
In doing so I want my colleagues to
know that for myself, in voting that
way, I still support the Nunn amend-
CONGRESSIONAL RECORD - HOUSE-
ment idea. I just simply generally
object to instructing conferees.
Mr. DICKINSON. I thank the gen-
tleman.
Mr. REGULA. Mr. -Speaker, will the
gentleman yield?
Mr. DICKINSON. I yield to the gen-
tleman from Ohio.
Mr. REGULA. Mr. Speaker, I thank
the gentleman for yielding. My ques-
tion is, does the Nunn amendment
cover military construction? We have
had evidence in Arnold Engineering- in
Tennessee of a very serious cost over-
run. Would that type of thing be cov-
ered by the language of the Nunn
amendment?
Mr. DICKINSON. Initially, I
thought this was not the case, but in
rereading the language I see it covers
not only 50 major weapons systems,
but also covers military construction
that goes in connection with that
weapon system, so it would cover that.
Mr. REGULA. My second question
is, are the provisions on page 66 of the
bill, do they provide an opportunity
for the Secretary of Defense to certify
that under some conditions the mora-
torium would not lie?
Mr. DICKINSON. My understand-
ing is, if he complies with the mandate
as set out, then the automatic trigger-
ing or interruption of work and obliga-
tion of funds would not apply. On his
failure to do that, to do all of these
things that are set out, then it would
apply and there would be interruption.
Mr. REGULA. In the negotiations in
the conference, would the gentleman
propose to expand, to insure that we
include military construction in every
aspect of it?
Mr. DICKINSON. Oh, yes, very defi-
nitely.
Mr. REGULA. I thank the gentle-
man.
Mr. DICKINSON. Mr. Speaker, in
the remaining minute, let me point
out again two of the most salient fea-
tures I think that are involved here.
First, this amendment was offered in
the other body, according to the
record, as a floor amendment with no
hearings. It took everyone by surprise
according to the conversation we had
in our conference. No one really had
an opportunity to study what it does,
as we have had since.
I do not object to the purpose for
which it was offered. We have been
working toward the same end. What I
do object to is, in the midst of our con-
ference, after 3-weeks of it, we are
down to what I consider and what I
hope to be the last day, we are negoti-
ating in good faith with the Senate, I
think that we have worked out a com-
promise, but here in the last minute
and the last day of the conference to
have my House instruct our conferees
that we no longer have confidence in
us to go in and represent the House
position and to work the will of the
House, to exercise our own judgment,
but we must succumb to the mandate
of the other body and accept what
they admittedly have not even stud-
H 7895
ied, that we are bound to accept that,
I think is just really exceeding the
bounds of propriety and good sense
here.
I think we are certainly as capable
as the other body in coming to a good
judgment as to what is needed. We
should certainly be able to negotiate if
we have legitimate grounds of differ-
ence. We should not be denied this op-
portunity of having in effect the
ground cut from under us before we
even get the opportunity to negotiate
in good faith.
I would hope the motion is not
agreed to.
Mrs. SCHROEDER. Mr. Speaker, I
yield 2 minutes to the gentleman from
Georgia (Mr. GINGRICH) for the pur-
pose of debate only.
Mr. GINGRICH. Mr. Speaker, I
thank the gentlewoman for yielding.
I hesitate to vote to instruct confer-
ees, but frankly we are drifting toward -
a national crisis which will unravel our
support for national defense because
this country will not tolerate cutting
the social budget while faced - with
year after year of horror stories of
cost overruns. If you are for national
defense you should vote yes to instruct
the conferees precisely to send a signal
to the Pentagon and to the Secretary
of Defense that this Congress is deter-
mined to take control of the spending
overruns and to bring them under con-
trol.
When we are faced with cost over-
runs which, projected out into the
next century, it means that our entire
national defense in the year 2020
might be one fighter plane; by 2040
might be one aircraft carrier; by 2070
might be one tank, I think we are
faced with a crisis based on phony in-
flation figures.
0 1230
All that this amendment does Is to
require the reporting above the infla-
tion rate. We start with the inflation
rate and then add a 15-percent over-
run. That is a crucial factor.
Mr. GRAY. Mr. Speaker, will the
gentleman yield?
Mr. GINGRICH. I yield to the gen-
tleman from Pennsylvania.
Mr. GRAY. Mr. Speaker, I would
like to agree with my colleague, the
gentleman from Georgia (Mr. LING-
RICH). It seems to yne that this is a
very simple proposition by which we
are saying to the Defense Department
that it must report to the Congress
cost overruns.
I cannot believe that at this time of
concern for fiscal restraint, on the one
hand we would be concerned about
waste only in the social and domestic
needs programs of this country and
not be concerned about any potential
waste in the Defense Department.
I joint with my colleague, the gentle-
man from Georgia, and urge the pas-
sage of the Schroeder amendment,
and I would simply point out that we
must gain some kind of control and in-
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
Since the committee's amendment as
proposed in H.R. 4814 does not contain
a similar provision, the Rules Commit-
tee has determined that a waiver
should be granted in order to facilitate
the consideration of the amendment
put forth by the Committee on For-
eign Affairs. The Budget Committee
supports this waiver.
Mr. Speaker, a waiver of clause 5 of
rule XXI is also provided in House
Resolution 257. Clause 5 of rule XXI
prohibits appropriations in authoriza-
tion bills. There are some provisions in
H.R. 4814, the committee substitute,
which might be interpreted as reap-
propriating funds presently available
to these agencies or else may consti-
tute a transfer of funds from one ac-
count to another, both of which are
prohibited by clause 5 of rule XXI.
The waiver of this rule by House Reso-
lution 257 is the same waiver provided
under a previous rule which enabled a
substantially similar bill, H.R. 3518, to
be considered by the House.
Mr. Speaker, as I previously stated,
House Resolution 257 permits consid-
eration of S. 1193 in the House, but
makes in order a motion to insert the
language contained in H.R. 4814 in
lieu of the text of the bill passed by
the other body. Mr. Speaker, this reso-
lution also provides that the previous
question will be considered as ordered
on the final passage of both the
amendment and the bill, thereby pre-
cluding the offering of any other
amendments.This rule does not speci-
fy time for debate but, since the bill
will be considered in the House, it will
be debated under the hour rule. The
floor manager for the bill will control
and allocate time.
Mr. Speaker, the members of the
Rules Committee are fully aware that
House Resolution 257 is a variation of
the usual rule recommended by the
committee. There are, however, com-
pelling reasons for adoption of this
special order. The clean bill, H.R.
4814, which will be adopted as a com-
mittee amendment, parallels an earlier
bill, H.R. 3518, previously considered
by the House. H.R., 4814 contains all of
the amendments approved by the
House during debate on H.R. 3518 but
makes reductions to the individual au-
thorizations. The authorization levels
contained in the bill are those levels
recommended by the administration.
Mr. Speaker, many of the issues
raised by this legislation have been
fully debated under the normal proce-
dures of the House in connection with
the earlier consideration of H.R. 3518.
A compromise has been fashioned by
those responsible for managing this
legislation and the administration
which is reflected in H.R. 4814. The
rule before us will allow for sufficient
debate on this compromise proposal.
Moreover, it protects the rights of the
opponents by providing for a motion
to recommit with or without instruc-
tions while allowing the House to
move expeditiously to. an up-or-down
vote on the compromise.
Mr. Speaker, the Committee on For-
eign Affairs should be commended for
its prompt response to the wishes of a
majority of this House. Adoption of
House Resolution 257 will expedite
swift enactment of this authorization
bill. This'rule makes in order a motion
to insist on the House amendment and
to request a conference with the other
body. Mr. Speaker, I strongly believe
that House Resolution 257 adequately
balances the need for open debate on
the issues with an equally compelling
need to manage the legislative time of
the House. I urge its adoption.
Mr. TAYLOR. Mr. Speaker, I yield
myself such time as I may require.
(Mr. TAYLOR asked and was given
permission to revise and extend his re-
marks.)
Mr. TAYLOR. Mr. Speaker, House
Resolution 257 provides for the consid-
eration of S. 1193, the State Depart-
ment authorization bill for 1982 and
1983, in the House.
This rule sets the parliamentary
stage for House consideration of an
amendment, H.R. 4814, that has been
agreed upon by our bipartisan leader-
ship and reflects the budgetary wishes
of the Reagan administration.
I want to point out, as the gentle-
man from Massachusetts (Mr. Monx-
LEY) has explained, that this is a
closed rule. It is a closed rule because
of the parliamentary situation we find
ourselves in with respect to the State
Department authorization bill.
I do not ordinarily favor closed rules,
regardless of the content of the legis-
lation at hand or the complexity of
the legislative process, and I would not
urge adoption of this rule today were
it not for the fact that our bipartisan
leadership asked the Rules Committee
to baptize this procedure and we did.
This is an unusual procedure, fa-
shioned by the Rules Committee to fit
an unusual situation. I certainly do
not think it will become a customary
procedure in situations where the
House defeats legislation in one in-
stance and then revives a measure in a
different vehicle.
The rule allows the House to take up
the bill, S. 1193, and to consider it in
the House under the 1-hour rule with-
out intervening motion. For this pro-
cedure, a waiver of section 401(a) of
the Budget Act is necessary and is pro-
vided in House Resolution 257.
Section 401(a) of the Budget Act
prohibits consideration of a bill
authorizing new spending authority
for a fiscal year not provided for in ad-
vance in an appropriation act. Since
the Senate bill does violate this sec-
tion, the waiver is provided.
The rule makes in order a motion to
insert the bill H.R. 4814 in lieu of the
Senate-passed bill. This motion re-
quires a waiver of clause 5 of rule
XXI, and the waiver is provided in the
rule.
Clause 5 of rule XXI prohibits ap-
propriations in a legislative bill, and
the waiver is necessary because several
paragraphs of the agreed-upon amend-
ment, H.R. 4814, may constitute ap
propriations in a legislative bill.
In addition, the rule provides that
H.R. 4814 be considered as read; and
that the previous question be consid-
ered as ordered.
For those Members who may ques-
tipn the use of this procedure, or who
may not like the fact that no amend-
ments will be in order, the rule pro-
vides one motion to recommit with or
without instructions.
The Members will recall that we de-
feated the State Department authori-
zation bill on September 17, because it
authorized more appropriations in
1983 than the administration wanted.
An agreement has been reached, we
were told in the Committee on Rules,
between the Foreign Affairs Commit-
tee leadership, the House leadership,
and the administration on the figures
contained in the amendment, H.R.
4814.
If the House sees fit to ratify this
agreement, the rule makes in order a
motion to insist on the House amend-
ment to S. 1193 and request a confer-
ence with the other body.
Mr. Speaker, I would simply say that
I support this rule for this particular
situation, the Committee on Rules
supports this rule, and I hope the
House will do likewise.
Mr. Speaker, I yield 5 minutes to the
gentleman from Illinois (Mr. DER-
wINsxI), a member of the Committee
on Foreign Affairs.
(Mr. DERWINSKI asked and was
given permission to revise and'extend
his remarks.)
^ 1245
Mr. DERWINSKI. First, may I say
to the gentleman from Missouri and
the gentleman handling the bill on the
majority side that I was not on the
floor when you went through the
technical, explanation. I thought we
would have a vote on the Schroeder-
Dickinson waltz and, therefore, I ar-
rived a bit late.
But I do understand that the rule
provides for a motion to recommit
with or without instructions. Despite
my loyalty to the administration and
my personal loyalty to the distin-
guished minority leader, I will be of-
fering a motion to recommit since I
am opposed to the bill in its present
form.
However, my motion to recommit is
a work of art, and it will enable all of
you, upon the adoption of the motion
to recommit, to vote for the bill.
I think at this point a little legisla-
tive history to clarify the rule is in
order. If my colleagues will recall, this
bill was on the floor 5 weeks ago, sub-
ject to normal processes, debate,
amendment, and then at the last
minute I think the polite word would
be it was innocently boobytrapped.
I voted for the bill and at the time
we brought the bill to the floor we
were not aware, we being the members
specifically of the subcommittee and
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the full Committee on Foreign Affairs,
we were not aware that the figures au-
thorized under the bill were out of line
with new budget requests. We had not
been so advised. In fact, the very
morning that bill was rejected, I had
checked with the Department of
State, which I understand is part of
this administration, and I was told
that the figures in the bill authorized
for 1982 and 1983 were acceptable.
They had no questions.
What has happened since then is
there have been adjustments in the
budget figures which I understand and
appreciate. But let me just point out
what has happened and then tell you
how my motion to recommit under
this rule, necessarily restricted rule,
will serve a useful purpose.
Basically what I intend to do is to in-
crease the funds for the International
Comunications Agency and the Board
for International Broadcasting which
is Radio Free Europe and Radio Liber-
ty. Yet, with the figures I propose,
they will still be below the figures in
the bill that was rejected 5 weeks ago.
The only figures in the new budget
requests that exceed the old bill are
those for international organizations
and conferences. It therefore seemed
to me logical to trim those.
So what I am going to be doing is
cutting approximately $57 million over
the 2-year period from international
organizations and conferences, $23
million from the Department of State,
and transferring those funds to the
Board for International Broadcasting
and to the International Communica-
tions Agency. The totals in the meas-
ure will remain the same.
Mr. CONABLE. Mr. Chairman, will
the gentleman yield?
Mr. DERWINSKI. I yield to the gen-
tleman.
Mr. CONABLE. I would like to un-
derstand what the gentleman is sug-
gesting would be cut. Surely. the gen-
tleman is not suggesting that he would
cut the exchange programs that have
been so long standing?
Mr. DERWINSKI. Just the opposite.
Mr. CONABLE. The gentleman
would not cut those?
Mr. DERWINSKI. No.
Mr. CONABLE. I am referring par-
ticularly to the program whereby for-
eign visitors coming to this country
are entertained by volunteers
throughout the country.
Mr. DERWINSKI. Right. That pro-
gram is under the ICA, which I would
increase.
Mr. CONABLE. The gentleman
would increase those figures?
Mr. DERWINSKI. Yes.
Mr. CONABLE. My understanding
was the gentleman would be cutting
back on some of these.
Mr. DERWINSKI. No. I am cutting
back just very minutely, $10 million
each year, from the Department of
State- which which is less than one-tenth of
1 percent of their budget, and $57 mil-
lion over 2 years from international
organizations and international 'con-
CONGRESSIONAL RECORD - HOUSE October 29, 1,981
ferences. I leave those figures above
the original budget request of last
spring.
What I restore are the funds to
the International Communications
Agency, a total over the 2-year period
of $64 million. That would cover the
Voice of America, cultural exchange
programs, the program the gentleman
referred-to, and a variety of other
items.
Frankly, Mr. Speaker, if this bill had
passed 5 weeks ago and the adminis-
tration had come in as they then did
with adjusted recommendations, much
of it could be handled in conference,
which it will be anyway. But since we
are brought back to the firing line, I
do think the House has to serve
notice, which I believe to be the intent
of the House, that we do not hurt the
broadcasts, Radio Free Europe, Radio
Liberty, and we give the International
Communications Agency it proper as-
signment which has been mandated by
the administration to undertake a new
responsibility for U.S. overseas infor-
mation.
The motion that I will offer will ac-
tually help our conferees, help the ad-
ministration, help the Department of
State, help in working out a better bill
when we finally meet with our Senate
counterparts which hopefully will be
early next week. The, given the new
interest of all of the Members, includ-
ing some of my good friends on my
side who are belatedly discovering the
virtues of foreign aid and, therefore,
are going to become proper interna-
tionalists and not only support the
motion to recommit but then support
the final passage, in 2 weeks we will
give you an opportunity to write a
proper bill to continue our overseas
economic and military cooperation
with other countries.
So this is the start of a new enlight-
ened era in whch I appeal for practical
support and understanding of all of
my colleagues, especially those who in-
nocently were misdirected when this
bill was first on the floor.
-Mr. TAYLOR. Mr. Speaker, I have
no further requests for time and yield
back the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I yield
5 minutes for purposes of debate only
to the gentleman from Connecticut
(Mr. MoFFETT).
(Mr. MOFFETT asked and was given
permission to revise and extend his re-
marks.)
Mr. MOFFETT. Mr. Speaker, this
debate is an opportunity to talk about
an issue that will perhaps not be de-
bated when the bill itself is debated,
but which probably should be men-
tioned as many times as we can possi-
bly mention it on the floor. I can see
that we have the distinguished minor-
ity leader and my good friend Mr.
MICHEL here, and also the ranking mi-
nority member of the Foreign Affairs
Committee.
I raise this not so much because I
have an answer to it, but I suppose
really because all those people out
there reading the front; pages of:,the
newspapers probably wonder what in
the world we are doing even talking
about foreign affairs or the State De-
partment without discussing the
dreadful issue, I think, of American
pilots reportedly flying in Libyan air-
craft in a variety of missions.
I realize this is not an easy issue to
address legislatively. Apparently the
Senator in the other body from Ohio,
Mr. GLENN, introduced an amendment
expressing the sense of the Congress
that this kind of thing should not be
done. I know it is probably much more
difficult when you get into the specif-
ics. I want to acknowledge also that
our great chairman of the Foreign Af-
fairs Committee is here and I look for
him to give us some leadership on this
as well as some advice.
I know it is difficult. But we do have
the facts in these articles. They have
apparently been checked out. We do
know the following things:
Dozens of pilots and mechanics have
been brought over to Libya to fly and
repair Libyan Air Force planes in a 2-
year-old recruitment scheme.
Recruiting and other aspects of the
operation are coordinated out of
London and Tripoli under the direc-
tion of a former CIA agent, EdwinaP.
Wilson.
One. recruit claims U.S. pilots flew
helicopters in support of the Libyan
invasion of Chad.
The same source claimed he was
paid about $3,000 per month for his
services.
Apparently recruiting is going on
within our own country, within the
United States.
Mr. Wilson himself, along with a
former Washington businessman
.named Schlacter, and Francis Terpil, a
former CIA agent, have been indicted
for their activities in transporting ex-
plosives to Libya, and for training ter-
rorists in Libya.
The FBI has been investigating the.
recruitment scheme they say, and yet
the article in the Times says their role
apparently violates no U.S. law.
The assistant U.S. attorney for the
District of Columbia is overseeing the
invasion, according to the Times. He
said:
The neutrality laws which prohibit Ameri-
cans from enlisting in the military service of
a foreign nation apparently do not cover the
recruitment scheme organized by Mr.
Wilson.
The article from the Times reads:
AMERICAN PILOTS REPORTED FLYING IN
LIBYAN FORCES
(This article is based on reporting by Jeff
Gerth and Philip Taubman and was written
by Mr. Gerth)
LONDON, October 21.-American pilots and
aircraft mechanics, including military veter-
ans, are flying and maintaining Libyan Air
Force planes in an operation organized by
Edwin P. Wilson, a former American intelli-
gence agent, according to associates of Mr.
Wilson.
The American flight personnel, as well as
pilots from Canada and Britain, have been
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
recruited and paid by companies controlled
by Mr. Wilson and, at least since last year,
)gave flown a Libyan fleet of American-made
-cargo and transport aircraft and helicopters,
the associates said.
One Western pilot recruited by Mr.
Wilson said that American pilots flew heli-
copters in support of the Libyan invasion of
Chad this year, but the extent to which
Western recruits are involved directly in
Libyan combat missions could not be deter-
mined. The pilot said he was paid about
$3,000 a month.
COORDINATION IN LONDON
Some of the American pilots acrd mechan-
ics have been recruited in the United States
by other Americans. Most of the operation
is coordinated through a London office that
represents several African and European
companies controlled by Mr. Wilson, accord-
ing to his associates..
Dozens of pilots and mechanics have par-
ticipated in the operation for Libya, a mili-
tant Arab nation in North Africa, although
the precise number could not be deter-
mined. Their role apparently violates no
United States law.
Earlier this week, an American aircraft
mechanic, Richard L. Love, visited the
London office, waiting for a visa and air-
plane connections to Libya. Mr. Love told a
former Wilson associate that he had been
recruited in Alabama and had signed a one-
year contract to service Libyan military air-
craft, according to the former associate.
RECRUITS HELD WELL PAID
Mr. Love said he and the other recruits
were well paid for their services but was not
specific, the associate added.
Mr. Wilson,. a former covert agent for the
Central Intelligence Agency, now lives in
Libya, where he is a fugitive from a Federal
indictment last year that charged him with
illegally shipping explosives to Libya to help
train terrorists.
Mr. Wilson did not return a telephone
call placed today to his office in Tripoli. A
reporter left a message with an associate of
Mr. Wilson seeking a reply to questions
about the pilot recruitment program.
The unofficial involvement of Americans
in Libyan military activity contrasts sharply
with United States foreign policy toward
the Arab nation, led by Col. Muammar el-
Qaddafi. Recent Administrations have re-
garded Libya, a supporter of international
terrorism, as an increasingly disruptive
force in the Middle East.
Last summer, the United States reported
that two Navy jets had shot down two
Libyan fighter planes after being fired on
by one of them.
After the assassination of President
Anwar el-Sadat of Egypt this month and
amid reports of hostile Libyan activity
against the Sudan, the Reagan Administra-
tion sent two AWACS radar surveillance
planes to Egypt to monitor Libyan aircraft
activity in the area.
American officials said the presence of
American pilots and mechanics in Libya
helped explain what until now had been a
mystery to them: who was maintaining the
American -planes that were sold to .Libya
years ago, when that country's relationship
with the United States was not belligerent.
Past speculation had centered on North Ko-
reans and others from Communist coun-
tries.
? A White House spokesman had no imme-
diate comment today on whether high-level
Reagan Administration officials were aware
that Americans were flying and maintaining
planes for the Libyan Air Force, although
law enforcement officials knew of the re-
cruitment operation.
The Involvement of the Americans in
Libya does not appear to violate American
law, according to Justice Department offi-
cials.
E. Lawrence Barcella, Jr., Assistant
United States Attorney for the District of
Columbia, is overseeing the Federal investi-
gation of Mr. Wilson. He said the neutrality
laws, which prohibit Americans from enlist-
ing in the military service of a foreign
nation, apparently do not cover the recruit-
ment scheme organized by Mr. Wilson.
FBI INQUIRY ON RECRUITING
Federal law enforcement officials say
that, nevertheless, earlier this month the
Federal Bureau of Investigation began a full
investigation of the recruitment operation.
-The recruitment of western pilots and me-
chanics is the first current operation of Mr.
Wilson to emerge publicy. In last year's in-
dictment and other reports, details were dis-
closed about Mr. Wilson's private business
activities in 1976 and 1977, his help In train-
ing terrorists in Libya by shipping explo-
sives and his hiring of former Army Special
Forces troops for the training operation.
The recruitment of former military air-
craft personnel illustrates for American law
enforcement officials some of the same
issues posed by Mr. Wilson's earlier activi-
ties, especially the lack of laws governing
the private business activities of former
American servicemen and intelligence
agents. It also demonstrates Mr. Wilson's
capacity to continue to operate within the
United States even though he has been out
of the country of several years.
HOUSE PANEL SEEKS REMEDIES
The House Select Committee on Intelli-
gence is considering possible legislative rem-
edies as part of its investigation into Mr.
Wilson's activities.
In 1976 shortly after ending his employ-
ment with the Office of Naval Intelligence,
which he had joined after leaving the C.I.A.,
Mr. Wilson closed a business deal with Colo-
nel QaddafI to sell his expertise in Intelli-
gence, arms and explosives to Libya for the
training of terrorists.
A few years later, after Federal Investiga-
tors began examining his activities in the
United States, Mr. Wilson shifted his base
of business operations from -Washington to
Europe and Libya. About the same time,
several companies controlled by Mr. Wilson
began using the London office of Brilhurst
Ltd., a British company, according to asso-
ciates of Mr Wilson and company docu-
ments.
SCOPE OF RECRUITING PROGRAM
The recruitment program, which started
about two years ago, includes dozens of
pilots, flight engineers and aircraft mechan-
ics from the United States, Britian and
Canada with both civilian and military
backgrounds, according to associates of Mr.
Wilson familiar with the plan. Among those
recruited were British paratroopers.
According to spokesmen for American air-
craft companies, the Libyan Air Force has
eight C-130's, 20 CH-47 helicopters, known
as Chinooks, 10 727's, nine C-47's and one
707.
Western diplomatic sources have said that
many of the Libyan pilots flying military
aircarft are inexperienced, and a report of
the London-based International Institute
for Strategic Studies notes that Soviet,
Pakistani and Palestinian pilots also fly
Libyan military aircraft.
Federal law enforcement officials said
that the F.B.I..and Scotland Yard had been
aware for some time of Mr. Wilson's recruit-
ment operations in - London but that an
active investigation was not undertaken
until recently because officials placed a
H 7899
greater priority on apprehending Mr.
Wilson on the 19$0 charges.
CHECK BY SCOTLAND YARD
Earlier this year, for example, Scotland
Yard checked a report that Mr. Wilson, a
fugitive since April 1980, was staying at a
fashionable London hotel, according to a
former Wilson associate. That inquiry
turned up nothing, but two former London
associates of Mr. Wilson, David and Anne
Shortt, said they saw him last spring in the
departure lounge of London's Heathrow Air-
port bound for Geneva.
Because most of the actual work done by
the American recruits takes place in Libya
and their finances and travel plans are ar-
ranged in London. American authorities
originally concluded that they had little
legal jurisdiction to investigate the scheme.
They said they were aware that Mr. Wilson
had been recruiting former military person-
nel in the United States for "mercenary
type" work in Libya and that this would be
the focus of the recently begun Investiga-
tion of Mr. Wilson's current activities.
Diana, Byrne, who met Mr. Wilson in
Libya several years ago and who says she
controls Brilhurst, declined to talk about
her activities on behalf of Mr Wilson. In a
brief interview outside Brilhurst's current
office, at 28 Knox Street, Mrs. Byrne, a
native of Wales, described Brilhurst as a
"service company" that represents several
European companies, many of which oper-
ate in Libya. When asked specifically about
her work on behalf of Mr. Wilson and his
companies, Mr. Byrne terminated the con-
versation.
COORDINATION IN LONDON
But several businessmen in London who
have worked with Mrs. Byrne and Mr. Wil-
son's companies said that Brilhurst ap-
peared to operate as the London branch of
Mr. Wilson's businesses. Among the specific
activities cited by those sources and docu-
mented in company papers are: payment of
travel expenses and salaries of pilots work-
ing in Libya, obtaining Libyan visas for per-
sons doing business with Mr. Wilson and his
companies, managing his investments and
handling his telephone, mail, telex and tele-
gram messages.
In the last three years, Brilhurst has oper-
ated out of four separate London locations,
often moving abruptly and functioning in a
secretive fashion, the business associates
added.
J. Steffan, an exporter who rented office
space to Brilhurst at 18 Hans Road, in a
fashionable section of London near Hyde
Park and across from Harrods department
store, said the company departed abruptly
one weekend in July 1980 and still owed him
several thousand dollars in back rent.
MYSTERIOUS OPERATIONS
Angela O'Toole, who rented office space
in the Halkin Arcade to Brilhurst until De-
cember 1980 said Brilhurst personnel had
operated mysteriously, sending coded telex
messages 'and removing typewriter ribbons
before leaving the office.
Both former landlords said they often saw
Western pilots who had just arrived in
London waiting at Brilhurst's offices for
Libyan visas or for flights to Libya.
Further details on the pilot program were
provided by other associates of Mr. Wilson.
They said that two of the companies used
by Mr. Wilson to pay and recruit the air-
craft personnel were OSI S.A., a Swiss cor-
poration that serves as a Tripoli office for
Mr. Wilson, and Western Recruitment Inc.,
which has a, Swiss post office box number.
Both of these companies currently operate
in London out of Brilhurst's office on Knox
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CONGRESSIONAL RECORD - HOUSE October 29, 1981
Street, according t6' a' travel gent who
booked flights to Libya for O I S.A. and
Mrs. Byrne, who acknowledged handling
banking affairs for Western Recruitment.
Mr. Love, the aircraft mechanic from Ala-
bama who was in London earlier this week
on his way to Libya, spoke of being recruit-
ed in the United States, according to a
former Wilson associate. Mr. Love answered
the door at Brilhurst's Knox Street offices
but declined to speak to a reporter. Shortly
thereafter, an Arab driver pulled up to Bril-
hurst's offices and handed Mrs. Byrne what
looked like an American passport and a
Libyan visa.
As one not on the Foreign Affairs
Committee but one who has .a lot of
respect for the people on it on both
sides of the aisle, I just ask can we not
do something to address this issue in
some way? Perhaps it is through the
State Department's responsibility for
protection of Americans overseas. We
have got to do something. We must re-
spond to this.
I know my friend from Massachu-
setts (Mr. MARKEY) has a bill relating
to Libya and trade with Libya and oil
and whether we cut off' oil. The gen-
tleman from New York (Mr. DOWNEY)
has a bill to stop using Libyan oil,
which I support. But can we not start
somewhere and be assured that maybe
it is the Intelligence Committee or the
Foreign Affairs Committee that is
going to look into this matter and at
least assure the American public that
we are taking some steps within the
Constitution, within the parameters
under which we work to address this
problem of Americans helping a
regime which is exporting revolution
around the world.
I yield back the balance of my time.
Mr. MOAKLEY. Mr. Speaker, I have
no further.requests for time.
I move the previous question on the
resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on
the table.
Mr. FASCELL. Mr. Speaker, pursu-
ant to House Resolution 257, I call up
the Senate bill, 5. ,.And ask for its
Senat
SEC. 101. This title may be cited as the "De-
partment of State Authorization Act, Fiscal
Years 1982 and 1983".
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 102. (a) There are authorized to be ap-
propriated for the Department of State to
carry out the authorities, functions, duties,
and responsibilities in the conduct of the for-
eign affairs of the United States and for
other purposes authorized by law, the fol-
lowing amounts:
(1) For "Administration of Foreign Af-
fairs", $1,318,754,000 for the fiscal year 1982
and $1,248,059,000 for the fiscal year 1983.
(2) For "International Organizations and
Conferences", $523,806,000 for the fiscal
year 1982 and $514,436,000 for the fiscal
year 1983.
(3) For "International Commissions",
$22,508,000 for the fiscal year 1982 and
$22,432,000 for the fiscal year 1983.
(4) For "Migration and Refugee Assist-
ance", $560,850,000 for the fiscal year 1982
and $467,750,000 for the fiscal year 1983, of
which not less than $18,750,000 shall be
made available only for the resettlement of
Soviet and Eastern European refugees in
Israel.
(b) Of the amounts authorized to be appro-
priated by section 102(a)(1) of this Act for
the fiscal years 1982 and 1983, $2,085,000
shall be available for each such fiscal year
only for expenses to operate and maintain
consular posts at Turin, Italy; Salzburg, Aus-
tria; Goteborg, Sweden; Bremen, Germany;
Nice, France; Mandalay, Burma; and Bris-
bane, Australia.
(c) Of the amounts authorized to be appro-
priated by section 102(a)(2) of this Act,
$45,800,000 shall be available in fiscal year
1982 and $45,800,000 shall be available in
fiscal year 1983 only for the Organization of
American States for the payment of 1982
and 1983 assessed United States contribu-
tions and to reimburse the Organization of
American States for payments under the tax
equalization program to employees who are
United States citizens.
(d) Of the amounts authorized to be appro-
priated by section 102(a)(4) of this Act,
$1,500,000 shall be available in fiscal year
1982 and $1,500,000 shall be available in
fiscal year 1983 only for the International
Committee of the Red Cross to support the
activities of the protection and assistance
program for "political" detainees.
PALESTINIAN RIGHTS UNITS
SEC. 103. Funds appropriated under para-
graph (2) of section 102 of this Act may not
be used for payment by the United States, as
its contribution toward the assessed budget
of the United Nations for any year,-of any
amount which would cause the total amount
paid by the United States as its assessed con-
tribution for that year to exceed the amount
assessed as the United States contribution
for that year less-
(1) 25 percent of the amount budgeted for
that year for the Committee on the Exer-
cise for the Inalienable Rights of the Pales-
tinian People (or any similar successor
entity), and
(2) 25 percent of the amount budgeted for
that year for the Special Unit on Palestin-
ian Rights (or any similar successor entity).
RESTRICTION OF FUNDS TO UNITED NATIONS
WHICH WOULD PROVIDE POLITICAL BENEFITS
TO THE PALESTINE LIBERATION ORGANIZATION
SEC. 104. (a) None of the funds authorized
to be appropriated under paragraph (2) of
section 102 of this Act may be used for pay-
ment by the United States toward the as-
sessed budget of the United Nations, or any
of its specialized agencies, which would cause
the total contribution of the United States
to exceed its assessed contribution less 25
percent of the amount budgeted by such
agency for projects of which the primary
purpose is to provide political benefits to the
Palestine Liberation Organization or entities
associated with it.
(b) The President shall annually review
the budget of the United Nations, and of its
specialized agencies, to determine which pro-
grams have the primary purpose of provid-
ing political benefit to the Palestine Liber-
ation Organization and shall report to Con-
gress the programs and amounts for which
the United States assessment is withheld.
(c) This section shall not be construed as
limiting United States contributions to the
United Nations, or its specialized agencies
for programs for which the primary purpose
is to provide humanitarian, educational, de.
velopmental and other nonpolitical benefits
to the Palestinian people.
EX GRATIA PAYMENT
SEC. 105. Of the amount appropriated for
the fiscal year 1982 under paragraph (1) of
section 102 of this Act, $81,000 shall be avail-
able for payment ex gratia to the Govern-
ment of Yugoslavia as an expression of con-
cern by the United States Government for
the injuries sustained by a Yugoslav national
as a result of an attack on him in New York
City.
BILATERAL SCIENCE AND TECHNOLOGY
AGREEMENTS
SEC'. 106. In addition to the amounts au-
thorized to be appropriated by section 102 of
this Act, there are authorized to be appropri-
ated to the Secretary of State $3,700,000 for
the fiscal year 1982 and $3,700,000 for the
fiscal year 1983 for payment of the United
States share of expenses of the science and
technology agreements between the United
States and Yugoslavia and between the
United States and Poland.
PASSPORT FEES AND DURATION
SEC. 107. (a) The first sentence of section 1
under the headings "FEES FOR PASSPORTS AND
VISAS" of the Act of June 4, 1920 (22 U.S.C.
214), is amended to read as follows: "There
shall be collected and paid into the Treasury
of the United States a fee, prescribed by the
Secretary of State by regulation, for each
passport issued and a fee, prescribed by the
Secretary of State by regulation, for execut-
ing each application for a passport.".
(b)(1) Section 2 of theAct entitled "An Act
to regulate the issue and validity of pass-
ports, and for other purposes", approved
July 3, 1926 (22 U.S.C. 217a), is amended to
read as follows:
"SEC. 2. A passport shall be valid for a
period of ten years from the date of issue,
except that the Secretary of State may limit
the validity of a passport to a period of less
than ten years in an individual case or on a
general basis pursuant to regulation.".
(2) The amendment made by this subsec-
tion applies with respect to passports issued
after the date of enactment of this Act.
INTERNATIONAL INSTITUTE FOR THE UNIFICA-
TION OF PRIVATE LAW AND THE HAGUE CON-
FERENCE ON PRIVATE INTERNATIONAL LAW
SEC. 108. Section 2 of the joint resolution
entitled "Joint Resolution to provide for par-
ticipation by the Government of the United
States in the Hague Conference on Private
International Law and the International
(Rome) Institute for the Unification of Pri-
vate Law, and authorizing appropriations
therefor", approved December 30, 1963 (22
U.S.C. 269g-1), is amended by striking out ",
except that" and all that follows through
"that year".
PAN AMERICAN RAILWAY CONGRESS
SEC. 109. Section 2(a) of the joint resolu-
tion entitled "Joint Resolution providing for
participation by the Government of the
United States in the Pan American Railway
Congress, and authorizing an appropriation
therefor", approved June 28, 1948 (22 U.S.C.
280k), is amended by striking out "Not more
than $15,000 annually" and inserting in lieu
thereof "Such sums as may be necessary".
PAN AMERICAN INSTITUTE OF GEOGRAPHY AND
HISTORY
SEC. 110. Paragraph (1) of the first section
of Public Resolution 42, Seventy-fourth Con-
gress, approved August 2, 1935 (22 U.S.C.
273), is amended by striking out ", not to
exceed $200,000 annually,".
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
'SEC. 111. Amend section 2 of the United
Nations Participation Act of 1945, as amend-
ed (22 U.S.C. 287e) by adding at the end
thereof the following new subsection:
"(h) The President, by and with the advice
and consent of the Senate shall appoint a
representative of the United States to the
Vienna office of the United Nations with ap-
propriate rank and status who shall serve at
the pleasure of the President and subject to
the direction of the Secretary of State. Such
person shall, at the direction of the Secre-
tary of State, represent the United States at
the Vienna office of the United Nations, and
perform such other functions there in con-
nection with the participation of the United
States in international organizations as the
Secretary of State from time to time may
UNITED STATES REPRESENTATIVE OF THE
UNITED NATIONS
SEC. 112.,Section 8 of the United Nations
Participation Act of 1945, as amended (22
U.S.C. 287e), is amended:
(1) by striking "the representative of the
United States to the United Nations re-
ferred to in paragraph (a) of Section 2
hereof" and inserting in lieu thereof "the
representatives provided for in Section 2
hereof and of their appropriate staffs", and
(2) by adding at the end thereof the fol-
lowing: "Any payments made by the United
States Government personnel for occupancy
by them of such leased or.rented premises
shall be credited to the appropriation, fund,
or account utilized by the Secretary for
such lease or rental, or to the appropriation,
fund, or account currently available for
such purposes.". -
BUYING POWER MAINTENANCE FUND
SEC. 113. (a) Section 24(b) of the State De-
partment Basic Authorities Act of 1956 (22
U.S.C. 2696(b)), is amended to read as fol-
lows:
"(b)(1) In order to maintain the levels of
program activity provided for each fiscal
year by the annual authorizing legislation
for the Department of State, $20,000,000 of
the fund authorized by section 102 may be
used to offset adverse fluctuations in foreign
currency exchange rates, or overseas wage
and price changes, which occur after Novem-
ber 30 of the calendar year preceding the en-
actment of the authorizing legislation for
"(2) In order to eliminate substantial
gains to the approved levels of overseas op-
erations, the Secretary of State shall trans-
fer to the appropriation account established
under paragraph (1) of this subsection such
amounts in other appropriation accounts
under the heading "Administration of For-
eign Affairs" as the Secretary determines
are excessive to the needs of the approved
level of operations because of fluctuations
in foreign currency exchange rates or
changes in overseas wages and prices.
"(3) Funds transferred from the appropri-
ation account established under paragraph
(1) shall be merged with and be available for
the same purpose, and for the same time
period, as the appropriation account to
which transferred; and funds transferred to
the appropriation account established under
paragraph (1) shall be merged with and
available for the purposes of that appropri-
ation account until expended. Any restric-
tion contained in an appropriation Act or
other provision of law limiting the amounts
available for the Department of State that
may be obligated or expended shall be
deemed to be adjusted to the extent neces-
sary to offset the net effect of fluctuations
in foreign currency exchange rates or over
(b) Section 704(c) of the United States In-
formation and Educational Exchange Act of
1948 (22 U.S.C. 1477b(c)) is amended by
striking out "preceding" and inserting in lieu
thereof "calendar year preceding the enact-
ment of the authorizing legislation for
such".
(c) Section 8(a)(2) of the Board for Inter-
national Broadcasting Act of 1973 (22 U.S.C.
2287(a)(2)) is amended by striking out "pre-
ceding" in the first sentence and inserting in
lieu thereof "calendar year preceding the en-
actment of the amendments to paragraph
(1) which provide the authorization for
such".
(d) The amendments made by this section
shall take effect on October 1, 1981.
ASIA FOUNDATION
-SEC. 114. In addition to the amounts au-
thorized by section 102, $4,500,000 is author-
ized to be appropriated in fiscal year 1982 for
the Asia Foundation in furtherance of that
organization's purposes as described in its
charter. Such funds are to be made available
to the Foundation by the Department of
State in accordance with the terms and con-
ditions of a grant agreement to be negotiated
between the Department of State and the
Asia Foundation. Funds appropriated under
this section are authorized to remain availa-
ble until expended.
INTER-AMERICAN FOUNDATION-
SEC. 115. (a) Section 401(s)(2) of the For-
eign Assistance Act of 1969 (22 U.S.C.
290f(s)) is amended to read as follows:
"(2) There is authorized to be appropri-
ated not to exceed $12,000,000 for the fiscal
year 1982 to carry out the purposes of this
section. Amounts appropriated under this
paragraph are authorized to remain availa-
ble until expended.".
(b) Section 401(h) of the Foreign Assist-
ance Act of 1969 (22 U.S.C. 290f(h)) is
amended to read as follows:
"(h) Members of the Board shall serve
without additional compensation, but shall
be reimbursed for travel expenses, including
per diem in lieu of subsi in accordance
with section 5 6ec States
Code, while 96gaged in their uties on half
SEC. 116k
ion 5924(4
s amended
(a)(1) The first sentence
(i3) of title United Stp
striking g out "atf(
i
than an employee of the Department of
State or the International Communication
Agency, to obtain an American".
(2) Section 5924 of such title is amended-
(A) by inserting "(a)" immediately before
the first sentence; and
(B) by adding, at the end thereof the fol-
lowing:
"(b)(1) An employee of the Department of
tion Agency in a foreign area is entitled to
the payment of the travel expenses incurred
by the employee in connection with the
travel of a dependent of the employee to or
from a school for the purpose of obtaining
an undergraduate college education.
"(2) Paragraph (1) shall apply-
"(A) to two round trips each calendar
year, and
"(B) to travel expenses which-
"(I) are extraordinary and necessary ex-
penses incurred in providing adequate edu-
cation for such dependent because of the
employee's service in a foreign area or areas,
and
"(ii) are not otherwise compensated for.".
DUTIES OF CHIEF OF MISSION
SEC. 117. (a) Each chief of diplomatic mis-
sion of the United States in a foreign coun-
try shall have as a principal duty the promo-
tion of United States goods and services for
export to such country.
(b) For purposes of subsection (a), the
term "chief of diplomatic mission" has the
same meaning as given to the term "chief of
mission" in section 102(a)(3) of the Foreign
Service Act of 1980.
INFANT NUTRITION
Sec. 118. (a) Congress finds there is over-
whelming scientific evidence that breast-
feeding has substantial advantages for
infant health and growth, that it offers an
uncontaminated food supply; an early trans-
fer of antibodies protective against infec-
tious diseases, and a naturally evolved and
tested nutritional source, and that it is an
important factor in bonding between
mother and child.
(b) Congress is concerned that numerous
studies, in a wide variety of developed and
developing countries, over a long period of
time, have shown that improper use of
breastmilk substitutes is associated with
higher rates of illness and death, and in poor
communities, with lessened growth and nu-
trition. The problem of unrefrigerated
breastmilk substitutes prepared with pollut-
ed water and placed in contaminated bottles
is further complicated by insects and heat in
tropical climates.
(c) It Is estimated that one hundred mil-
lion of the one hundred and twenty-five mil-
lion children in the world below the age of
one are born in developing countries. Con-
gress is concerned that ten million of these
one hundred million will probably not live
until their first birthday and that diarrhea
and other infectious diseases, when com-
bined with the problems,, of malnutrition, ac-
count for more than half of these deaths.
(d) Congress is further concerned that the
health of those infants whose-mothers are
unable to provide them adequate breast-
milk-whether for physical, economic, or
cultural reasons-also be protected.
(e) Congress is concerned with the nega-
tive vote cast by the United States on May
21, 1981, at the Twenty-Fourth World
Health Assembly of the World Health Orga-
nization on the "International Code of Mar-
keting of Breastmilk Substitutes", and is fur-
ther concerned that the vote has subjected
United States policy to widespread misinter-
pretation.
(f) Therefore, the Congress-
(1) reaffirms the dedication of the United
States to the protection of the lives of all
the world's children and the support of the
United States for efforts to improve world
health;
(2) endorses the work being done by the
Agency for International Development
(AID), the World Health Organization
(WHO), and the United Nations Children's
Fund (UNICEF) across the broad front of
problems associated with infant and young
child nutrition;
(3) encourages the international health
organizations, and their member states, to
continue combating infant illness by im-
proving sanitation and water quality; and
(4) urges the United States Government
and the breastmilk substitute industry to
support the basic aim of the Code and to co-
operate with the governments of all coun-
tries in their efforts to develop health
standards and programs designed to imple-
ment the objectives of the Code.
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TITLE II-INTERNATIONAL
COMMUNICATION AGENCY
SHORT TITLE
SEC. 201. This title may be cited as the "In-
ternational Communication Agency Author-
ization Act, Fiscal Years 1982 and 1983".
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 202. There are authorized to be appro-
priated for the International Communica-
tion Agency $561,402,000 for the fiscal year
1982 and $482,340,000 for the fiscal year 1983
to carry out international communication,
educational, cultural, and exchange pro-
grams under the United States Information
and Educational Exchange Act of 1948, the
Mutual Educational and Cultural Exchange
Act of 1961, and Reorganization Plan Num-
bered 2 of 1977, and other purposes author-
ized by law.
CHANGES IN ADMINISTRATIVE AUTHORITIES
SEC. 203. (a)(1) Title III of the United
States Information and Educational Ex-
change Act of 1948 (22 U.S.C. 1451-1453) is
amended-
(A) in section 301 by striking out "citizen
of the United States" and inserting in lieu
thereof "person"; and
(B)'in sections 302 and 303 by striking out
"citizen of the United States" and inserting
in lieu thereof "person in the employ or
service of the Government of the United
States".
(2) Such title is further amended-
(A) in section 301-
(1) by striking out "Secretary" the first
place it appears and inserting in lieu thereof
"Director of the International Communica-
tion Agency", and
(ii)'by striking out "Secretary" the second
place it appears and inserting in lieu thereof
"Director"; and
(B) in section 303 by striking out "Secre-
tary" and inserting in lieu thereof "Director
of the International Communication
Agency".
(3) Section 302 of such Act is amended-
(A) in the second sentence by striking out
"section 901(3) of the Foreign Service Act of
1946 (60 Stat. 999)" and inserting in lieu
thereof "section 905 of the Foreign Service
Act of 1980"; and
(B) in the last sentence by striking out
"section 1765 of the Revised Statutes" and
inserting in lieu thereof "section 5536 of
title 5, United States Code".
(b) Section 802 of such Act (22 U.S.C. 1472)
is amended-
(1) by inserting "(a)" immediately after
"SEC- 802."; and
(2) by adding at the end thereof the fol-
lowing new subsections:
"(b)(1) Any contract authorized by subsec-
tion (a) and described in paragraph (3) of
this subsection which is funded on the basis
of annual appropriations may nevertheless
be made for periods not'in excess of five
years when-
"(A) appropriations are available and ade-
quate for payment for the first fiscal year;
and
"(B) the Director of the International
Communication Agency determines that-
"(I) the need of the Government for the
property or service being acquired over the
period of the contract is reasonably firm
and continuing;
"(ii) such a contract will serve the best in-
terests of the United States by encouraging
effective competition or promoting econo-
mies in performance and operation; and
"(Iii) such method of contracting will not
inhibit small business participation.
"(2) In the event that funds are not made
available for the continuation of such a con-
tract into a subsequent fiscal year, the con-
tract shall be canceled and any cancellation
costs incurred shall be paid from appropri- est thereon) which were assumed in theiop-
ations originally available for the perform- eration of the informational media guaranty
.ante of the contract, appropriations current- program under this section and which were
ly available for the acquisition of similar outstanding on the date of enactment of this
property or services and not otherwise obli- paragraph.".
gated, or appropriations made for such can-
cellation payments.
"(3) This subsection applies to contracts
for the procurement of property or services,
or both, for the operation, maintenance, and
support of programs, facilities, and installa-
tions for or related to radio transmission and
reception, newswire services, and the distri-
bution of books and other publications in
foreign countries.".
(c) Paragraph (16) of section 804 of such
Act (22 U.S.C. 1474(16)) is amended by in-
serting "and security vehicles" immediately
after "right-hand drive vehicles".
(d) Title VIII of such Act (22 U.S.C.
1471-1475b) is amended by adding at the end
thereof the following new section:
"ACTING ASSOCIATE DIRECTORS
"SEC. 808. If an Associate Director of the
International Communication Agency dies,
resigns, or is sick or absent, the Associate Di-
rector's principal assistant shall perform the
duties of the office until a successor is ap-
pointed or the absence or sickness stops.".
(e) Paragraphs (18) and (19) of section 804
of such Act (22 U.S.C. 1476 (18) and (19)) are
amended-
(1) by striking out "and" at the end of
paragraph (18); and
1(2) by striking out the period at the end of
paragraph (19) and inserting the following:
and
"(20) purchase motion picture, radio and
television producers' liability insurance to
cover errors and omissions or similar insur-
ance coverage for the protection of interests
in intellectual property.".
(f) Section 1011 of the United States Infor-
mation and Educational Exchange Act of
1948, as amended, is amended by adding at
the end thereof the following new subsec-
tion:
"(i) Foreign currencies which were derived
from conversions made pursuant to the obli-
gation of informational media guaranties
and which have been determined to be un-
available for, or in excess of, the require-
ments of the United States and transferred
to the Secretary of the Treasury, shall be
held until disposed of, and any dollar pro-
ceeds realized from such disposition shall be
deposited in miscellaneous receipts. As such
currencies become available for such pur-
poses of mutual interest as may be agreed to
by the governments of the United States and
the country from which the currencies
derive, they may besold for dollars to agen-
cies of the United States Government.".
(g) Title VIII of the United States Infor-
mation and Educational Exchange Act of
1948, as amended, is revised by the addition
of the following section:
"Sec. 809. Cultural exchanges, internation-
al fairs and expositions, and other exhibits
or demonstrations of United States economic
accomplishments and cultural attainments
provided for under this Act or the, Mutual
Educational and" Cultural Exchange Act of
1961 shall not be considered 'public work' as
that term is defined in section 1 of the De-
fense Base Act, as amended (section 1651(b)
of title 42 of the United States Code).".
LIQUIDATION OF THE INFORMATIONAL MEDIA
GUARANTY FUND
SEC. 204. Section 1011(h) of such Act (22
U.S.C. 1442(h)) is amended by adding at the
end thereof the following new paragraph:
"(4) Section 701(a) of this Act shall not
INTERNATIONAL EXCHANGES AND NATIONAL
SECURITY
SEC. 205. (a) Congress finds that-
(1) United States Government sponsor-
ship of international exchange-of-persons
activities has, during the postwar era, con=
tributed significantly to United States na-
tional security interests;
(2) during the 1970's, while United States
programs declined dramatically, Soviet ex-
change-of-persons activities increased stead-
ily in pace with the Soviet military buildup;
(3) as a consequence of these two trends,
Soviet exchange-of-persons programs now
far exceed those sponsored by the United
States Government and thereby provide the
Soviet Union an important means of extend-
ing its worldwide influence;
(4) the importance of competing effective-
ly in this area is reflected in the efforts of
major United States allies, whose programs
also represent far greater emphasis"on ex-
change-of-persons activities than is demon-
strated by the current United States effort;
and
(5) with the availability of increased re-
sources, the United States exchange-of-per-
sons progam could be greatly strengthened,
both qualitatively and quantitatively.
(b) It Is therefore the sense of Congress
that-
(1) United States exchange-of-persons eC-
tivities should be strengthened;
(2) the allocation of resources necessary to
accomplish this improvement would consti-
tute a highly cost-effective means of en-
hancing United States national security;
and.
(3) because of the integral and continuing
national security role of exchange-of-per-
sons programs, such activities should be ac-
corded a dependable source of long-term
funding.
(c) Beginning in fiscal year 1982, exchange-
of-persons programs administered by the In-
ternational Communication Agency shall,
over a four-year period, be expanded to a
level, in real terms, three times that in effect
on the date of the enactment of this Act.
DISTRIBUTION WITHIN THE UNITED STATES OF
THE FILM ENTITLED "IN THEIR OWN WORDS"
SEC. 206. (a) Notwithstanding the second
sentence of section 501 of the United States
Information and Educational Exchange Act
of 1948 (22 U.S.C. 1461)-
(1) the Director of the International Com-
munication Agency shall make available to
the Administrator of General Services a
master copy of the film entitled "In Their
Own Words"; and
(2) the Administrator shall reimburse the
Director for any expenses of the Agency in
making that master copy available, shall
secure. any licenses or other rights required
for distribution of that film within the
United States, shall deposit that film in the
National Archives of the United States, and
shall make copies of that film available for
purchase and public viewing within the
United States.
(b) Any reimbursement to the Directorx
pursuant to this section shall be credited to
the applicable appropriation of the Interna-
tional Communication Agency.-
apply with respect to any amounts appropri- SEC. 301. This title may be cited as the
ated under this section for the purpose of "Board for International Broadcasting Au-
liquidating the notes (and any accrued inter- thorization Act, Fiscal Years 1982 and 1983".
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AUTHORIZATIONS OF APPROPRIATIONS
SEC. 302. There are authorized to be appro.
pouted for the Board for International
Broadcasting $98,317,000 for fiscal year 1982
and $98,317,000 for fiscal year 1983.
ADDITIONAL FUNDING
SEC. 303. Notwithstanding the provisions
of section 8b of Public Law 93-129, not to
exceed $6,195,000 of the gain realized during
fiscal year 1981 through upward fluctuations
in foreign currency exchange rates shall be
made available to compensate for losses in-
curred as a result of the bomb explosion at
RFE/RL, Inc., Munich headquarters on Feb-
ruary 21, 1981, and for additional RFE/RL,
Inc., operating expenses as might be deemed
appropriate.
MEMBERSHIP OF THE RFE/RL BOARD AND THE BIB
SEC. 304. (a) The Board for International
Broadcasting Act of 1973 is amended by
adding at the end thereof the following new
section:
"MERGER OF THE BOARD FOR INTERNATIONAL
BROADCASTING AND THE RFE/RL BOARD
"SEC. 11. (a) Effective January 1, 1982, no
grant may be made tinder this Act to RFE/
RL, Incorporated, unless the certificate of
incorporation of RFE/RL, Incorporated, has
been amended to provide that-
"(1) the Board of Directors of ?RFE/RL,
Incorporated, shall consist of the members
of the Board for International Broadcasting
and of no other members; and
"(2) such Board of Directors shall make
all major policy determinations governing
the operation of RFE/RL, Incorporated,
and shall appoint and fix the compensation
of such managerial officers and employees
of RFE/RL, Incorporated, as it deems nec-
,essary to carry out the purposes of this Act.
"(b) Compliance with the requirement of
paragraph (1) of subsection (a) shall not be
construed to make RFE/RL, Incorporated, a
Federal agency or instrumentality.".
. (b)(1) Section 3(b)(1) of such Act is amend-
ed to read as follows:
"(b)(1) COMPOSITION OF BOARD.-The
Board shall consist of ten members, one of
whom shall, be an ex officio. member. The
President shall appoint, by and with the
advice and consent of the Senate, nine voting
members, one of whom he shall designate as
chairman. Not more than five of the mem-
bers of the Board appointed by the President
shall be of the same political party. The
chief operating executive of RFE/RL, Incor-
porated, shall be an ex officio member of the
Board and shall participate in the activities
of the Board, but shall not vote in the deter-
minations of the Board.".
(2) Sections 3(b) (3) and (4) of such Act are
amended to read as follows: -
"(3) TERM OF OFFICE OF PRESIDENTIALLY AP-
POINTED MEMBERS.-The term of office of
each member of the Board appointed by the
President shall be three years, except that
the terms of office of the individuals initially
appointed as the four additional voting
members of the Board who are provided for
by the Board for International Broadcasting
Authorization Act, Fiscal Years 1982 and
1983, shall be one, two, or three years (as
designated by the President at the time of
their appointment) so that the terms of one-
third of the voting members of the Board
expire each year. The President shall ap-
point, by and with the advice and consent of
the Senate, members to fill vacancies occur-
ring.prior to the expiration of a term, in
which case the members so appointed shall
Serve for the remainder of such term. Any
member whose term has expired may serve
until his successor has been appointed and
qualified.
"(4) TERM OF OFFICE OF THE Ex OFFICIO
MEMBER.-The ex officio member of the
Board shall serve on the Board during his or
her term of service as chief operating execu-
tive of RFE/RL, Incorporated.".
RADIO FREE CUBA
SEC. 305. Any program of the United States
Government involving radio broadcasts to
Cuba for which funds are authorized to be
appropriated under this Act or any other Act
shall be designated as "Radio Free Cuba".
TITLE IV-ARMS-CONTROL AND
DISARMAMENT AGENCY
SEC. 401. This title may be cited as the
"Arms Control and Disarmament Agency
Act, Fiscal Years 1982 and 1983".
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 402. Section 49(a) of the Arms Control
and Disarmament Act (22 U.S.C. 2589(a)) is
amended to read as follows:
"SEC. 49. (a) To carry out the purposes of
this Act, there are authorized to be appropri-
ated-
"(1) for the fiscal year 1982, $18,268,000
and such additional amounts as may be nec-
essary for increases in salary, pay, retire-
ment, other employee benefits authorized
by law, and other nondiscretionary costs,
and to offset adverse fluctuations in foreign
currency exchange rates, and
"(2) for the fiscal year 1983, such sums as
may be necessary to carry out the purposes
of this Act.
Amounts appropriated under this subsection
are authorized to remain available until ex-
pended.".
SECURITY CLEARANCES
SEC. 403. Section 45(a) of the Arms Control
and Disarmament Act (22 U.S.C. 2585(a)) is
amended by inserting the following new sen-
tence after the second sentence thereof: "In
the case of persons detailed from other Gov-
ernment agencies, the Director may accept
the results of fullfield background security
and loyalty investigations conducted by the
Defense Investigative Service or the Depart-
ment of State as the basis for the determina-
tion required under this subsection that the
person is not a security risk or of doubtful
loyalty.":
ANTISATELLITE ACTIVITIES
SEC. 404. Section 31(b) of the Arms Control
and Disarmament Act (22 U.S.C. 2571) is
amended by striking the "," and inserting
the following phrase: "and of all aspects of
anti-satellite activities;".
TITLE V-MISCELLANEOUS
PROVISIONS
REPEALS; TECHNICAL AMENDMENTS
SEC. 501. (a) The following provisions of
law are repealed:
(1) Section 408 of the Act entitled "An Act
to authorize appropriations for fiscal years
1980 and 1981 for the Department of State,
the International Communication Agency,
and the Board for International Broadcast-
ing", approved August 15, 1979 (22 U.S.C.
287c note).
(2)(A) Section 121(b) (22 U.S.C. 1175
note),
(B) section 122(b) (22 U.S.C. 2280 note),
(C) section 203 (22 U.S.C. 1461-1 note),
(D) section 504(e) (22 U.S.C. 2656d(e)),
(E) section 601(b) (92 Stat. 985),
(F) section 608(c) (22 U.S.C. 2656 note),
(G) section 608(c) (22 U.S.C. 2656d note),
(H) section 609(c) (92 Stat. 989),
(I) section 610(c) (22 U.S.G. 2151 note),
(J) section 611(b) (22 U.S.C. 1731 note),
(K) section 613(b) (22 U.S.C. 2370 note),
(L) section 705(a) (22 U.S.C. 2151 note),
(M) section 709 (22 U.S.C. 2151 note), and
(N) section 711 (22 U.S.C. 2220a note),
of the Foreign Relations Authorization Act,
Fiscal Year 1979.
H 7903
(3)(A) Section 107(b) (91 Stat. 846),
(B) section 109(a)(7) (22 U.S.C. 2384 note),
(C) section 414(b) (22 U.S.C. 1041 note),
(D) section 501 (91 Stat. 857),
(E) section 503(b) (91 Stat. 858),
(F) section 505 (22 U.S.C. 2151 note), and
(G) section 513 (19 Stat. 862),
of the Foreign Relations Authorization Act,
Fiscal Year 1978.
(4) Section 403 of the Foreign Relations
Authorization Act, Fiscal Year 1977 (22
U.S.C. 2871 note).
(5) Sections 102(b) (89 Stat. 756) and
503(b) (89 Stat. 772) of the Foreign Relations
Authorization Act, Fiscal Year 1976.
(6) Section 15 of the State Department/
USIA Authorization Act, Fiscal Year 1975
(22 U.S.C. 2151 note).
(b)(1) The Foreign Relations Authoriza-
tion Act, Fiscal Year 1979, is amended-
(A) In section 121, by striking out "W";
(B) in section 122, by striking out "(a)";
(C) in section 601, by striking out "(a)";
(D) in section 611, by striking out "(a)";
(E) in section 613, by striking out "(a)";
and
(F) in section 705, by striking out "(a)".
(2) The Foreign Relations Authorization
Act, Fiscal Year 1978, is amended-
(A) in section 107, by striking out "(a)"(B) in section 414, by striking out "(a)";
(C) in section 503, by striking out "(a)";
and
(D) in section 505, by striking out "(a)".
(3) The Foreign Relations Authorization
Act, Fiscal Year 1976, is amended-
(A) in section 102, by striking out "SEC.
102. (a) Except as provided in subsection (b),
no" and inserting in lieu thereof "SEC. 102.
No"; and
(B) in section 503, by striking out "(a)".
UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND
CULTURAL ORGANIZATION
SEC. 502. (q) The Congress finds that-
(1) the First Amendment of the Constitu-
tion of the United States upholds the princi-
ple of freedom of the press;
(2) Article 19 of the Universal Declaration
of Human Rights states that "everyone has
the right to freedom of opinion and expres-
sion; this right includes the freedom to hold
opinions without interference and to seek,
receive and impart information and ideas
through any media regardless of frontiers";
(3) the signatories to the Final Act of the
Conference on Security and Cooperation in
Europe concluded in 1975 in Helsinki, Fin-
land, pledged themselves to foster "freer
flow and wider dissemination of information
of all kinds", and to support "the improve-
ment of the circulation of, access to, and ex-
change of information";
(4) the Constitution of the United Nations
Educational, Scientific, and Cultural Organi-
zation itself is committed to "promote the
free flow of ideas by word and image"; and
(5) a free press is vital to the functioning of
free governments.
(b) The Congress hereby expresses its op-
position to-
(1) efforts by the United Nations Educa-
tional, Scientific, and Cultural Organization
to attempt to regulate news content and to
formulate rules and regulations for the op-
eration of the world press; and
(2) efforts by some countries further to
control access to and dissemination of news.
PROMOTION OF FREE PRESS
SEC. 503. (a) It is the sense Of the Congress
that none of the funds authorized to be ap-
propriated under paragraph (2) of section
102 of this Act may be used for payment by
the United States toward the assessed
budget of the United Nations Educational,
Scientific, and Cultural Organization if such
payment would cause the total contribution
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H 7904
of the United States to the United Nations
Educational, Scientific, and Cultural Organi-
zation to exceed its assessed contribution
less 25 percent of the amount made available
by the United Nations Educational, Scientif-
ic, and Cultural Organization for projects or
organizational entities the effect of which is
to license journalists or their publications, to
censor or otherwise restrict the free flow of
information within or between countries, or
to impose mandatory codes of journalistic
practice or ethics.
(b) The Secretary of State shall prepare
and transmit annually to the Congress a
report on the implementation of this section.
JAPAN-UNITED STATES FRIENDSHIP COMMISSION
SEC. 504. (a) Section 6(4) of the Japan-
United States Friendship Act is amended by
striking out "and not to exceed 5 per centum
annually of the principal of the Fund" and
inserting in lieu thereof a comma and the
following: "any amount of the contributions
deposited in the Fund from nonappropriated
sources pursuant to paragraph (2) or (3) of
this section, and not to exceed 5 per centum
annually of the principal of the total
amount appropriated to the Fund".
(b) Section 7(e) of such Act is amended by
inserting after "amounts received" the fol-
lowing: "(including amounts earned as inter-
est on, and proceeds from the We or re-
demption of, obligations purchased with
amounts received)".
REPORT
SEC. 505. (a) Not later than sixty days after
the date of enactment of this section, the
President shall prepare and transmit to the
Congress a full and complete report on the
total cost of Federal, State, and local efforts
to assist refugees and Cuban and Haitian en-
trants within the United States or abroad for
each of the fiscal years 1981 and 1982. Such
reports shall include and set forth for each
such fiscal year-
(1) the costs of assistance for resettlement
of refugees and Cuban and Haitian entrants
within the United States or abroad;
(2) the costs of United States contribu-
tions to foreign governments, international
organizations, or other agencies which are
attributable to assistance for refugees and
Cuban and Haitian entrants;
(3) the costs of Federal, State, and local
efforts other than described in paragraphs
(1) and (2) to assist, and provide services for,
refugees and Cuban and Haitian entrants;
and
(4) administrative and operating expenses
of Federal, State, and local governments
which are attributable to programs of assist-
ance or services described in paragraphs (1),
(2), and (3); and
(5) administrative and operating expenses
incurred by the United States because of
the entry of such aliens into the United
States.
(b) For purposes of this section-
(1) the term "refugees" is used within the
meaning of paragraph (42) of section 101(a)
of the Immigration and Nationality Act; and
(2) the phrase "Cuban and Haitian en-
trants" means Cubans and Haitians paroled
into the United States, pursuant to section
212(d)(5) of the Immigration and National-
ity Act, during 1980 who have not been
given or denied refugee status under the Im-
migration and Nationality Act.
TITLE VI-PEACE CORPS AUTONOMY
SHORT TITLE
SEC. 601. This title may be cited is the
"Peace Corps Autonomy Act".
ESTABLISHMENT AS AN INDEPENDENT AGENCY
Sec. 602. Effective on the date of enact-
ment of this Act, the Peace Corps shall be
an independent agency within the executive
CONGRESSIONAL RECORD - HOUSE October 29, 1981
branch and shall not be an agency within
the ACTION Agency or any other depart-
ment or agency of the United States.
TRANSFER OF FUNCTIONS
SEC. 603. (a) There are transferred to the
Director of the Peace Corps all functions re-
lating to the Peace Corps which were vested
in the,Director of the ACTION' Agency on
the day before the date of enactment of this
'Act,
(b)(1) All personnel, assets, liabilities, con-
tracts, property, records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds as are deter-
mined by the Directorpf the Office of Man-
agement and Budget, after consultation with
the Comptroller General of the United
States, the Director of the Peace Corps, and
the Director of the ACTION Agency, to be
employed, held, or used primarily in connec-
tion with any function relating to the Peace
Corps before the date of the enactment of
this Act are transferred to the Peace Corps.
The transfer of unexpended balances pursu-
ant to the preceding sentence shall be sub-
ject to section 202 of the Budget and Ac-
counting Procedures Act of 1950 (31 U.S.C.
581c).
(2)(A) The transfer pursuant to this sec-
tion of full-time personnel (except special
Government employees) and part-time per-
sonnel holding permanent positions shall
not cause any employee to be separated or
reduced in rank, class, grade, or compensa-
tion, or otherwise suffer a loss of employ-
ment benefits for one year after--
W the date on which the Director of the
Office of Management and Budget submits
the report required under section 606, or
(ii) the effective date of the transfer of
such employee,
whichever occurs later.
(B) The personnel transferred pursuant to
this section shall, to the maximum extent
feasible, be assigned to such related func-
tions and organizational units in the Peace
Corps as such personnel were assigned to im-
mediately before the date of enactment of
this Act.
(C) Collective-bargaining agreements in
effect on the date of enactment of-this Act
covering personnel transferred pursuant to
this section or employed on such date by the
Peace Corps shall continue to be recognized
by the Peace Corps until the termination
date of such agreements or until a mutual
modification by the parties otherwise speci-
fies.
- (3) Under such regulations as the Presi-
dent may prescribe, each person who does
not hold an appointment under section
7(a)(2) of the Peace Corps Act and who is
determined under paragraph (1) to be em-
ployed primarily in connection with any
function relating to the Peace Corps shall,
effective on the date of enactment of this
Act, be appointed a member of the Foreign
Service under the authority of section
7(a)(2) of the Peace Corps Act, and be ap-
pointed or assigned to an appropriate class
thereof, except that-
(A) no person who holds a career or
career-conditional appointment immediately
before such date shall, without the consent
of such person, be so appointed until three
years after such date, during which period
such person not consenting to be so appoint-
ed may continue to hold such career or
career-conditional appointment; and
(B) each person so appointed who, imme-
diately before such date, held a career or
career-conditional appointment at grade 8
or below of the General Schedule estab-
lished by section 5332 of title 5, United
States Code, shall be appointed a member of
the Foreign Service for the duration of op-
erations under the Peace Corps Act.
Each person appointed under this paragraph
shall receive basic compensation at the rate
of such person's class determined by the
President to be appropriate, except that the
rate of basic compensation received by such
person immediately before the effective date
of such person's appointment under this
paragraph shall be not reduced as a result of
.the provisions of this paragraph.
DIRECTOR OF THE PEACE CORPS
SEC. 604. Section 4(b) of the Peace Corps
Act (22 U.S.C. 2503(b)) is amended by strik-
ing out "such agency or officer of the United
States Government as he shall direct. The
head of any such agency or any such officer"
and inserting in lieu thereof "the Director of
the Peace Corps. The Director of the Peace
Corps".
TECHNICAL AMENDMENTS
SEC. 605. (a) Section 3 of the Peace Corps
Act (22 U.S.C. 2502) is amended by-
(1) repealing subsections (d), (e), and (f);
and
(2) redesignating subsection (g),as subsec-
tion (d).
(b) The repeal of provisions of law made by
subsection (a) of this section shall not affect
(1) the validity of any action taken under the
repealed provisions before the date of the
enactment of this Act, or (2) the liability of
any person for any payment described in
such subsection M.
REPORTS
SEC. 606. (a) Not later than the thirtieth
day after the date of enactment of this Act,
the Director of the Office of Management
and Budget-shall submit to the appropriate
committees of the Congress and to the
Comptroller General a report regarding the
steps taken in implementation of the provi-,
sions of this Act, including descriptions of
the manner in which various administrative
matters are disposed of, such as matters re-
lating to personnel, assets, liabilities, con-
tracts, property, records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds employed, used,
held, available, or to be made available in
connection with functions or activities relat-
ing to the Peace Corps.
(b) Not later than the forty-fifth day after
the date of the enactment of this Act, the
Comptroller General shall submit to such
committees a report stating whether, in the
judgment of the Comptroller General, deter-
minations made by the Director of the
Office of Management and Budget under
section 603(b)(1) were equitable.
REFERENCES IN LAW
SEC. 607. References in any law, reorgani-
zation plan, Executive order, regulation, or
other official document or proceeding to the
ACTION Agency or the Director of the
ACTION Agency with respect to functions
or activities relating to the Peace Corps shall
be deemed to refer to the Peace Corps or the
Director of the Peace Corps, respectively.
MOTION OFFERED BY MR. FASCELL
Mr. FASCELL. Mr. Speaker, pursu-
ant to House Resolution 257, 1 offer a
motion.
The SPEAKER pro tempore. The
Clerk will report the motion.
The Clerk read as follows:
Mr. FAscELL moves-to strike out all after
the enacting clause of the Senate bill, S.
1193, and insert in lieu thereof the provi-
sions contained in H.R. 4814.
The SPEAKER pro tempore. Pursu-
ant to House Resolution 257, the
amendment is considered as having
been read.
The amendment reads as follows:
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
H.R. 4814
1 fe it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
TITLE I-DEPARTMENT OF STATE
SHORT TITLE
SEC. 101. This title may be cited as the "De-
partment of State Authorization Act, Fiscal
Years 1982 and 1983".
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 102. There are authorized to be appro-
priated for the Department of State to carry
out the authorities, functions, duties, and re-
sponsibilities in the conduct of the foreign
affairs of the United States and other pur-
poses authorized . by law, the following
amounts:
(1) For "Administration of Foreign Af-
fairs", $1,245,637,000 for the fiscal year 1982
and $1,248,059,000 for the fiscal year 1983.
(2) For "International Organizations and
Conferences", $503,462,000 for the fiscal
year 1982 and $514,436,000 for the fiscal
year 1983.
(3) For "International Commissions",
$19,808,000 for - the fiscal year 1982 and
$22,432,000 for the fiscal year 1983.
(4) For "Migration and Refugee Assist-
ance", $504,100,000 for the fiscal year 1982
and $460,000,000 for the fiscal year 1983.
PALESTINIAN RIGHTS UNITS
SEC. 103. Funds appropriated under para-
graph (2) of section 102 of this Act may not
be used for payment by the United States, as
its contribution toward the assessed budget
of the United Nations for any year, of any
amount which would cause the total amount
paid by the United States as its assessed con-
tribution for that year to exceed the amount
assessed as the United States contribution
for that year less-
(1) 25 percent of the amount budgeted for
that year for the Committee on the Exer-
cise of the Inalienable Rights of the Pales-
tinian People (or any similar successor
entity), and
(2) 25 percent of the amount budgeted for
that year for the Special Unit on Palestin-
ian Rights (or any similar successor entity).
RESTRICTION ON CONTRIBUTIONS TQ THE
UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL ORGANIZATION
SEC. 104. (a) None of the funds authorized
to be appropriated by section 102(2) of this
Act or by any other Act for "International
Organizations and Conferences" may be
used for payment by the United States of its
contribution toward the assessed budget of
the United Nations Educational, Scientific
and Cultural Organization if that organiza-
tion implements any policy or procedure the
effect of which is to license journalists or
their publications, to censor or otherwise re-
strict the free flow of information within or
among countries, or to impose mandatory
codes of journalistic practice or ethics.
(b) Not later than February 1 of each year,
the Secretary of State shall report to the
Congress with respect to whether the United
Nations Educational, Scientific and Cultural
Organization has taken any action described
in subsection (a) of this section.
EX GRATIA PAYMENT
SEC. 105. Of the amount appropriated for
the fiscal year 1982 under paragraph (1) of
section 102 of this Act, $81,000 shall be avail-
able for payment ex gratla to the Govern-
ment of Yugoslavia as an expression of con-
.eern by the United States Government for
the injuries sustained by a Yugoslav national
as a result of an attack on him in New York
City.
ASSISTANCE FOR REFUGEES SETTLING IN ISRAEL
SEC. 106. Of the amounts authorized to be
appropriated by paragraph (4) of section 102
of this Act, $12,500,000 for the fiscal year
1982 and $15,000,000 for the fiscal year 1983
shall be available only for assistance for the
resettlement in Israel of refugees from the
Union of Soviet Socialist Republics and from
Communist countries in Eastern Europe.
BILATERAL SCIENCE AND TECHNOLOGY
AGREEMENTS
SEC. 107. In addition to the amounts au-
thorized to be appropriated by section 102 of
this Act, there are authorized to be appropri-
ated to the Secretary of State $3,700,'000 for
the fiscal year 1982 and $3,700,000 for the
fiscal year 1983 for payment of the United
States share of expenses of the science and -
technology agreements between the United
States and Yugoslavia and between the
United States and Poland.
BUYING POWER MAINTENANCE
SEC. 108. (a) Section 24(b) of the State De-
partment Basic Authorities Act of 1956 (22
U.S.C. 2696(b)) is amended to read as fol-
lows:
"(b)(1) In order to maintain the levels of
program activity for the Department of
State provided for each fiscal year by the
annual authorizing legislation, there are au-
thorized to be appropriated for the Depart-
ment of State such sums as may be necessary
to offset adverse fluctuations in foreign cur-
rency exchange rates, or overseas wage and
price changes, which occur after November
30 of the calendar year preceding the enact-
ment of the authorizing legislation for such
fiscal year.
"(2) In carrying out -this subsection, there
may be established a Buying Power Mainte-
nance account.
"(3) In order to eliminate substantial gains
to the approved levels of overseas operations
for the Department of State, the Secretary
of State may transfer to the Buying Power
Maintenance account such amounts in any
appropriation account under the heading
'Administration of Foreign Affairs' as the
Secretary determines are excessive to the
needs of the approved level of operations
under that appropriation account because of
fluctuations in foreign currency exchange
rates or changes in overseas wages and
prices.
"(4) In order to offset adverse fluctuations
in foreign currency exchange rates or over-
seas wage and price changes, the Secretary
of State may transfer from the Buying
Power Maintenance account to any appro-
priation account under the heading 'Admin-
istration of Foreign Affairs' such amounts as
the Secretary determines are necessary to
maintain the approved level of operations
under that appropriation account.
"(5) Funds transferred by the Secretary of
State from the Buying Power Maintenance
account to another account shall be merged
with and be available for the same purpose,
and for the same time period, as the funds in
that other account. Funds transferred by
the Secretary from another account to the
Buying Power Maintenance account shall be
merged with the funds in the Buying Power
Maintenance account and shall be available
for the purposes of that account until ex-
pended.
"(6) Any restriction contained in an appro-
priation Act or other provision of law limit-
ing the amounts available for the Depart-
ment of State that may be obligated or ex-
pended shall be deemed to be adjusted to the
extent necessary to offset the net effect of
fluctuations in foreign currency exchange
rates or overseas wage and price changes in
order to maintain approved levels.".
(b) Section 704(c) of the United States In-
formation and Educational Exchange Act of
1948 (22 U.S.C. 1477b(c)) is amended-
(1) by inserting ", or overseas wage and
price changes," immediately after "foreign
currency exchange rates"; and
(2) by striking out "preceding" and insert-
ing in lieu thereof "calendar year preceding
the enactment of the authorizing legislation
for such".
(c) Section 8(a)(2) of the Board for Inter-
national Broadcasting Act of 1973 (22 U.S.C.
2287(a)(2)) is amended-
(1) in the first sentence, by inserting ", or
overseas wage and price changes," immedi-
ately after "foreign currency exchange
rates";
(2) in the first sentence, by striking out
"preceding" and inserting in lieu thereof
"calendar year preceding the enactment of
the amendments to paragraph (1) which
provide the authorization for such"; and
(3) in the second sentence, by inserting
"or such changes" immediately after "such
fluctuations".
PASSPORT FEES AND PERIOD OF VALIDITY
SEC. 109. (a) The first sentence of section 1
under the heading "FEES FOR PASSPORTS AND
VISAS" of the Act of June 4, 1920 (22 U.S.C.
214), is amended to read as follows: "There
shall be collected and paid into the Treasury
of the United States a fee, prescribed by the
Secretary of State by regulation, for each
passport issued and a fee, prescribed by the
Secretary of State by regulation, for execut-
ing each application for a passport.".
(b)(1) Section 2 of the Act entitled "An Act
to regulate the issue and validity of pass-
ports, and for other purposes", approved
July 3, 1926 (22 U.S.C. 217a), is amended to
read as follows:
"SEC. 2. A passport shall be valid for a
period of ten years from the date of issue,
except that the Secretary of State may limit
the validity of a passport to a period of less
than ten years in an individual case or on a
general basis pursuant to regulation.".
(2) The amendment made by this subsec-
tion applies with respect to passports issued
after the date of enactment of this Act.
DOCUMENTATION OF CITIZENSHIP
SEC. 110. The State Department Basic Au-
thorities Act of 1956 is amended by inserting
the following new section 33 immediately
after section 32 and by redesignating exist-
ing section 33 as section 34:
"SEC. 33. The following documents shall
have the same force and effect as proof of
United States citizenship as certificates of
naturalization or of citizenship issued by the
Attorney General or by a court having natu-
ralization jurisdiction:
"(1) A passport, during its period of valid-
ity (if such period is the maximum period
authorized by law), issued by the Secretary
of State to a citizen of the United States.
"(2) The report, designated as a'Report of
Birth Abroad of a Citizen of the United
States', issued by a consular officer to docu-
ment a citizen born abroad.".
PAN AMERICAN INSTITUTE OF GEOGRAPHY AND
HISTORY
SEC. 111. Paragraph (1) of the first section
of the joint resolution entitled "Joint resolu-
tion to provide for membership of the
United States in the Pan American Institute
of Geography and History; and to authorize
the President to extend an invitation for the
next general assembly of the institute to
meet in the United States in 1935, and to
provide an appropriation for expenses there-
of" approved August 2, 1955 (22 U.S.C. 273),
is a,mended by striking out ", not to exceed
$200,000 annually,".
INTERNATIONAL INSTITUTE YOR THE UNIFICA-
TION OF PRIVATE LAW AND THE HAGUE CON-
FERENCE ON PRIVATE INTERNATIONAL LAW
SEC. 112. Section 2 of the joint resolution
entitled "Joint resolution to provide for par-
ticipation by the Government of the United
States in the Hague Conference on Private
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International Law and the International
(Rome) Institute for the Unification of Pri-
vate Law, and authorizing appropriations
therefor", approved December 30, 1963 (22
U.S.C. 269g-1), is amended by striking out ",
except that" and all that -follows through
"that year".
PAN AMERICAN RAILWAY CONGRESS
SEC. 113. Section 2(a) of the joint resolu-
tion entitled "Joint resolution providing for
participation by the Government of the
United States in the Pan American Railway
Congress, and authorizing an appropriation
therefor", approved June 28, 1948 (22 U.S.C.
280k), is amended by striking out "Not more
than $15,000 annually" and inserting in lieu
thereof "Such sums as may be necessary".
UNITED STATES REPRESENTATIVE TO
INTERNATIONAL ORGANIZATIONS IN VIENNA
SEC. 114. Section 2 of the United Nations
Participation Act of 1945 (22 U.S.C. 287) is
amended by adding at the end thereof the
following new subsection: -
"(h) The President, by and with the advice
and consent of the Senate, shall appoint a
representative of the United States to the
Vienna office of the United Nations with ap-
propriate rank and status, who shall serve at
the pleasure of the President and subject to
the direction of the Secretary of State. Such
individual shall, at the direction of the Sec-
retary of State, represent the United States
at the Vienna office of the United Nations
and perform such other functions there in
connection with the participation of the
United States in international organizations,
as the Secretary of State from time to time
may direct.".
LIVING QUARTERS FOR THE STAFF OF THE
UNITED STATES REPRESENTATIVE TO THE
UNITED NATIONS
SEC. 115. Section 8 of the United Nations
Participation Act of 1945 (22 U.S.C. 287e) is
amended-
(1) by striking out "representative of the
United States to the United Nations re-
ferred to in paragraph (a) of section 2
hereof" and inserting in lieu thereof "repre-
sentatives provided for in section 2 of this
Act and of their appropriate staffs"; and
(2) by adding at the end thereof the fol-
lowing: "Any payments made by United
States Government personnel for occupancy
by them of living quarters leased or rented
under this section shall be credited to the
appropriation, fund, or account utilized by
the Secretary of State for such lease or
rental or to the appropriation, fund, or ac-
count currently available for such pur-
pose.".
AMENDMENTS CORRECTING PRINTING ERRORS
SEC. 116. The Foreign Service Act of 1980 is
amended-
(1) in section 704(b)(2) (22 U.S.C.
4024(b)(2)) by striking out "411" and insert-
ing in lieu thereof "412"; and
(2) in section 814(a)(3) (22 U.S.C.
,4054(a)(3)) by striking out "on" the second
place it appears in the first sentence and in-
serting in lieu thereof "or".
PRIVATE SECTOR REPRESENTATIVES ON UNITED
STATES DELEGATIONS TO INTERNATIONAL TELE-
COMMUNICATIONS MEETINGS AND CONFER-
ENCES
SEC. 117. (a) Sections 203, 205, 207, and 208
of title 18, United States Code, shall not
apply to a private sector representative on
the United States delegation to an interna-
tional telecommunications meeting or con-
ference who is specifically designated to
speak on behalf of or otherwise represent
the interests of the United States at such
meeting or conference with respect to a par-
ticular matter, if the Secretary of State (or
his designee) certifies that no Government
employee on the delegation is as well quali-
CONGRESSIONAL RECORD - HOUSE October 29, 1,981 1
fied to represent United States interests
with respect to such matter and that such
designation serves the national interest. All
such representatives shall have on file with
the Department of State the financial disclo-
sure report required for special Government
employees.
(b) As used in this section, the term "inter-
national telecommunications meeting or
conference" means the conferences of the
International Telecommunications Union,
meetings of its International Consultative
Committees for Radio and for Telephone
and Telegraph, and such other international
telecommunications meetings or conferences
as the Secretary of State may designate.
PROCUREMENT CONTRACTS
SEC. 118. The State Department Basic Au-
thorities Act of 1956 is amended by inserting
the following new section immediately after
section 13'
`SEC. 14. (a) Any contract for the procure-
ment of property or services, or both, for the
Department of State or the Foreign Service
which is funded on the basis of annual ap-
propriations may nevertheless be made for
periods not in excess of five years when-
"(1) appropriations are available and ade-
quate for payment for the first fiscal year
and for all potential cancellation costs; and
"(2) the Secretary of State determines
that-
"(A) the need of the Government for the
property or service being acquired over the
period of the contract is reasonably firm
and continuing;
"(B) such a contract will serve the best in-
terests of the United States by encouraging
effective competition or promoting econo-
mies in performance and operation; and
"(C) such a method of contracting will not
inhibit small business participation.
"(b) In the event that funds are not made
available for the continuation of such a con-
tract into a subsequent fiscal year, the con-
tract shall be canceled and any cancellation
costs incurred shall be paid from appropri-
ations originally available for the perform-
ance of the contract, appropriations current-
ly available for the acquisition of similar
property or services and not otherwise obli-
gated, or appropriations made for such can-
cellation payments.".
COMPENSATION FOR DISABILITY OR DEATH
SEC. 119. The State Department Basic Au-
thorities Act of 1956 is amended by inserting
the following new section immediately after
section 15:
"SEC. 16. The first section of the Act of
August 16, 1941 (42 U.S.C. 1651; commonly
known as the 'Defense Base Act') shall not,
apply with respect to such contracts as the
Secretary of State may determine which are
contracts with persons employed to perform
work for the Department of State or the
Foreign Service on an intermittent basis for
not more than 90 days in a calendar year.".
REGULATION OF FOREIGN MISSIONS
SEC. 120. (a) The State Department Basic
Authorities Act of 1956 is amended by strik-
ing out "That the Secretary" in the first sec-
tion and inserting in lieu thereof the follow-
ing-"TITLE I-BASIC AUTHORITIES
GENERALLY
"SECTION 1. The Secretary".
(b) That Act is further amended by adding
at the end thereof the following:
ITLE II-AUTHORITIES RELATING
PrO THE REGULATION OF FOREIGN
MISSIONS
"DECLARATION OF FINDINGS AND POLICY
"SEC. 201. (a) The Congress finds that the
operation in the United States of foreign
missions and public international orgapiza-
tions and the official missions to- such 'rga-
nizations, including the permissible scope of
their activities and the location and size of
their facilities, is a proper subject for the ex-
ercise of Federal jurisdiction.
"(b) The Congress declares that it is the
policy of the United States to support the
secure and efficient operation of United
States missions abroad, to facilitate the
secure and efficient operation in the United
States of foreign missions and public inter-
national organizations and the official mis-
sions to such organizations, and to assist in
obtaining appropriate benefits, privileges,
and immunities for those missions and orga-
nizations and to require their observance of
corresponding obligations in accordance
with international law.
"(c) The treatment to be accorded to a for-
eign mission in the United States shall be de-
termined by the United States after due con- {
sideration of the benefits, privileges, and im-
munities provided to missions of.the United'
States in the country or territory represent-
ed by that foreign mission.
"DEFINITIONS
"SEC. 202. (a) For purposes of this title-
"(1) `benefit' (with respect to a foreign
mission) means any acquisition, or authori-
zation for an acquisition, in the United
States by or for a foreign mission, including
the acquisition of-
"(A) real property by purchase, lease, ex-
change, construction, or otherwise,
"(B) public services, including services-re-
lating to customs, importation, and utilities,
and the processing of applications or re-
quests relating to public services,
"(C) supplies, maintenance, and transpor-
tation,
"(D) locally engaged staff on a temporary
or regular basis,
"(E) travel and related services, and
"(F) protective services,
and includes such other benefits as the Sec-
retary may designate;
"(2) 'chancery' means the principal offices
of a foreign mission used for diplomatic or
related purposes, and annexes to such of-
fices (including ancillary offices and support
facilities), and includes the site and any
building on such site which is used for such
purposes;
"(3) 'Director' means the Director of the
Office of Foreign Missions established pur-
suant to section 203(a);
"(4) 'foreign mission' means any official
mission to the United States involving diplo-
matic, consular, or other governmental ac-
tivities of-
"(A) a foreign government, or
"(B) an organization (other than an inter-
national organization, as defined in section
209(b) of this title) representing a territory
or political entity which has .been granted
diplomatic or other official privileges and
immunities under the laws of the United
States,
including any real property of such a mis-
sion and including the personnel of such a
mission;
"(5) 'real property' includes any right,
title, or interest in or to, or the beneficial
use of, any real property in the United
States, including any office or other build-
ing;
"(6) 'Secretary' means the Secretary of
State; 7
"(7) 'sending State' means the foreign gov-
ernment, territory, or political entity repre-
sented by a foreign mission; and
"(8) 'United States' means, when used in a
geographic sense, the several States, the
District of Columbia, the Commonwealth of
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
Puerto Rico, and the territories and posses-
ulons of the United States.
"(b) Determinations with respect to the
, fneaning and applicability of the terms used
in subsection (a) shall be committed to the
discretion of the Secretary.
"OFFICE OF FOREIGN MISSIONS
"SEC. 203. (a) The Secretary shall establish
an Office of Foreign Missions as an inde-
pendent office within the Department of
State. The Office shall be headed by a Direc-
tor, appointed by the Secretary, who shall
perform his or her functions under the su-
pervision and direction of the Secretary. The
Secretary may delegate this authority for su-
pervision and direction of the Director only
to the Deputy Secretary of State or an
Under Secretary of State.
"(b) The Secretary may authorize the Di-
rector to
"(1) assist agencies of Federal, State, and
municipal government with regard to ascer-
taining and according benefits, privileges,
and immunities to which a foreign mission
may be entitled;
"(2),provide or assist in the provision of
benefits for or on behalf of a foreign mis-
sion in accordance with section 204; and
"(3) perform such other functions as the
Secretary may determine necessary in fur-
therance of the policy of this title.
_ "PROVISION OF BENEFITS
"SEC. 204. (a) Upon the request of a foreign
mission, benefits may be provided to or for
that foreign mission by or through the Di-
rector on such terms and conditions as the
'Secretary may approve.
"(b) If the Secretary determines that such
action is reasonably necessary on the basis of
reciprocity or otherwise-
"(D to facilitate relations between the
United States and a sending State,
"(2) to protect the interests of the United
States,
"(3) to adjust for costs and procedures of
obtaining benefits for missions of the
United States abroad, or
"(4) to assist in resolving a dispute affect-
ing United States interests and involving a
foreign mission or sending State,
(including any court or administrative pro-
ceeding) be deemed to be a waiver by the for-
eign mission (or the assignee of or other
person deriving rights from a foreign mis-
sion).
"(e) Neither the Director nor any other of-
ficer or employee of the Department of
State may certify or otherwise authenticate
the accredited diplomatic status of a total of
more than two persons for each foreign mis-
sion for the purpose of facilitating, directly
or indirectly, the issuance to any such
person of a diplomatic license plate for any
motor vehicle by any Federal, State, or local
governmental agency.
"PROPERTY OF FOREIGN MISSIONS
"SEC. 205. (a)(1) The Secretary may re-
quire any foreign mission to notify the Di-
rector prior to any proposed acquisition, or
any proposed sale or other disposition, of
any real property by or on behalf of such
mission. If such 'a notification is required,
the foreign mission (or other party acting on
behalf of the foreign mission) may initiate or
execute any contract, proceeding, applica-
tion, or other action required for the pro-
posed action-
"(A) only after the expiration of the sixty-
day period beginning on the date of such
notification (or after the expiration of such
shorter period as the Secretary may specify
in a given case); and
"(B) only if the mission is not notified by
the Secretary within that period that the
proposal has been disapproved; however,
the Secretary may include in such a notifi-
cation such terms and conditions as the Sec-
retary may determine appropriate in order
to remove the disapproval.
"(2) For purposes of this section, 'acquisi-
tion' includes any acquisition or alteration
of, or addition to, any real property or any
change in the purpose for which real proper-
ty is used by a foreign mission.
"(b) The Secretary may require any for-
eign mission to divest itself of, or forgo the
use of, any real property determined by the
Secretary-_
"(1) not to have been acquired in accord-
ance with this section; or
"(2) to exceed limitations placed on real
property available to a United States mis-
then the Secretary may require a foreign
sion in the sending State.
mission (A) to obtain benefits from or "(c) If a foreign mission has ceased con-
through the Director on such terms and con- ducting diplomatic, consular, and other gov-
ditions as the Secretary may approve, or (B) ernmental activities in the United States and
to comply with such terms and conditions as there is not a protecting power or other
the Secretary may determine as a condition agent designated by the sending State and
to the execution or performance in the approved by the Secretary which is responsi-
United States of any contract or other agree- ble for the property of that foreign mission,
ment; the acquisition, retention, or use of the Secretary-
any real property; or the application for or "(1) until the designation of a protecting
acceptance of any benefit (including any power or other agent approved by the Secre-
benefit from or authorized by any Federal, tary, may protect and preserve any property
State, or municipal governmental authority, of that foreign mission; and
or any entity providing public services). "(2)-may authorize the Director to dispose
"(c) Terms and conditions established by -of such property at such time as the Secre-
the Secretary under this section may in- tary may determine after the expiration of
elude- the one-year period. beginning on the date
"(1) a requirement to pay to the Director that the foreign mission ceased those activi-
a surcharge or fee, and ties, and may remit to the sending State the
"(2) a waiver by a foreign mission (or any net proceeds from such disposition.
assignee of or person deriving rights from a "LOCATION OF FOREIGN MISSIONS IN THE
foreign mission) of any recourse against any DISTRICT OF COLUMBIA
governmental authority, any entity provid-
ing public services, any employee or agent
of such an authority or entity, or any other
person, in connection with any action deter-
mined by the Secretary to be undertaken in
furtherance of this title.
"(d) For purposes of effectuating a waiver
of recourse which is required under this sec-
tion, the Secretary may designate the Direc-
tor or any other officer of the Department
of State as the agent of a foreign mission (or
of any assignee of or person deriving rights
from'a foreign mission). Any such waiver by
an officer so designated shall for all purposes
"SEC. 206. (a) In order to ensure the fulfill-
ment of the international obligations of the
United States and the policy of this title, the
location, replacement,-or expansion of any
building or other real property in the Dis-
trict of Columbia which is used for the diplo-
matic, consular, or other governmental activ-
ities (except property used exclusively for
residential purposes) of a foreign mission
shall be subject to the approval of the Dis-
trict of Columbia Foreign Missions Commis-
sion as provided in this section.
"(b)(1) There is hereby created, as an inde-
pendent agency of the District of Columbia,
the District of Columbia Foreign Missions
Commission (hereafter in this section re-
ferred to as the 'Foreign Missions Commis-
sion') which shall consist of the five mem-
bers of the Zoning Commission for the Dis-
trict of Columbia (as such members are des-
Agnated by section 492(a) of the District of
Columbia Self-Government and Governmen-
tal Reorganization Act (D.C. Code, sec.
5-412)), the Chairman of the National Capi-
tal Planning Commission, and the Secretary
of Defense, or such alternate as each such
person may be designated from time to time.
"(2) While actually engaged in the per-
formance of duties as a member of the For-
eign Missions Commission, the Chairman of
the National Capital Planning Commission
(or the alternate designated by the Chair-
man) shall be compensated by the District of
Columbia in the manner and at the rates ap-
plicable to the members of the Zoning Com-
mission for the District of Columbia who are
appointed by the Mayor.
"(3) The Mayor of the District of Columbia
shall furnish such facilities and administra-
tive services, and shall assign such employ-
ees, to the Foreign Missions Commission as
may be required by the Commission to carry
out this section.
"(c) The Foreign Missions Commission
shall- -
"(1) establish areas within which chancer-
ies may be located as a .matter of right, and
"(2) establish additional areas within
which chanceries may be located,
Limitations on chancery uses shall not
exceed those applicable to any other nonres-
idential use in the areas so established.
"(d) Any determination by the Foreign
Missions Commission pursuant to ? this sec-
tion, Including the establishment of areas in
accordance with paragraphs (1) and (2) of
subsection (c), shall be considered rulemak-
ing under the District of Columbia Adminis-
trative Procedure Act (D.C. Code, secs.
1-1501-1-1510).
"(e) Any determination by the Foreign
Missions Commission with respect to chan-
ceries pursuant to this section, including the
establishment of areas in accordance with
paragraphs (1) and (2) of subsection (c),
shall be based solely on the following crite-
ria:
"(1) The obligation of the United States
to facilitate the provision of adequate and
secure facilities for foreign missions in the
Nation's Capital.
"(2) The chancery is in or adjacent to an
area, determined on the basis of existing or
planned uses, of (A) commercial use, or (B)
mixed uses, including residential, commer-
cial, office, or institutional use.
"(3) Historic preservation, as determined
by the Foreign Missions Commission in car-
rying out this section; except that substan-
tial compliance with District and Federal
laws governing historic preservation shall be
required with respect to new construction
and to demolition of or alteration to historic
landmarks, in order to ensure compatibility
with historic landmarks and districts.
;(4) The adequacy of off-street or other
parking and the extent to which the area
will be served by public transportation to
reduce parking requirements, subject to
such special security requirements as may
be determined by the Secretary.
"(5) The extent to which the area will
have adequate public facilities, utilities, and
services, including streets, street lighting,
water, sewer, electricity, telephone, and
refuse collection,
"(6) The extent to which the area is capa-
ble of being adequately protected, as deter-
mined by a Federal agency authorized to
perform protective services.
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"(7) The municipal interest, as determined or other governmental activity to the extent
by the Mayor of the District of Columbia. that such property was being used by that
"(8) The Federal interest, as determined foreign mission for that activity on the date
by the Secretary. of enactment of this section.
Any other determination by the Foreign "PREEMPTION
Missions Commission pursuant to this sec- "SEC. 207. Notwithstanding any other pro-
tion shall be based solely on the criteria vision of law, no act of any Federal agency or
specified in paragraphs (1), (3), (6), (7), and
(8), and such other criteria as the Commis-
sion may by regulation establish.
"(f)(1) The regulations, proceedings, and
other actions of the Foreign Missions Com-
mission pursuant to this section shall not be
inconsistent with Federal elements of the
comprehensive plan for the National Capi-
tal. All elements of the comprehensive plan
relating to the location of foreign missions
shall be based solely on the criteria set forth
in this section and shall reflect the policy of
this title.
"(2) Proposed determinations by the For-
eign Missions Commission shall be referred
to the National Capital Planning Commis-
sion for review and comment. ,
"(g) The Foreign Missions Commission
shall promulgate such regulations as it de-
termines are necessary for it to carry out
this section.
"(h) This section shall not be construed to
authorize, and the regulations of the For-
eign Missions Commission shall not provide
for or require, procedures in the nature of a
special exception or administrative proceed-
ings of an adjudicatory nature.
"(I) In any proceeding with respect to ap-
proval of the location, replacement, or ex-
pansion of real property of a foreign mission
pursuant to this section, the final determina-
tion by the Foreign Missions Commission
shall be made not later than 6 months after
the date of filing an application for such ap-
proval. Any such determination shall not be
subject to administrative proceedings of any
other agency or official except as provided in
this title. Any such determination by the
Foreign Missions Commission shall ensure
the fulfillment of the obligation of the
United States to facilitate the provision of
adequate and secure facilities for foreign
missions and shall take into account special
security requirements as determined by the
Secretary.
"(j) The Secretary shall require foreign
missions to comply substantially with Dis-
trict of Columbia building and related codes
in a manner determined by the Secretary to
be not inconsistent with the international
obligations of the United States.
"(k) The United States, acting on its own
behalf or on behalf of a foreign mission-
"(1) has standing to bring an action for ju-
dicial review of a determination by the For-
eign Missions Commission under this sec-
tion or, where appropriate, for judicial en-
forcement of the requirements of this sec-
tion applicable to the Commission; and
"(2) has standing to intervene in any such
action which is otherwise pending.
"(1) Approval by the Foreign Missions
Commission under this section or, except as
provided in section 205, by any other agency
or official is not required-
"(1) for the location, replacement, or ex-
pansion of real property of a foreign mis-
sion to the extent-
"(A) that authority to proceed with re-
spect to such location, replacement, or ex-
pansion was granted to the foreign mission
before the date of enactment of this section,
or
"(B) that rights or interests with respect
to such location, replacement, or expansion
were otherwise acquired by the foreign mis-
sion before the date of enactment of this
section; or
"(2) for continuing use of real property by
a foreign mission for diplomatic, consular,
of any State or municipal governmental au-
thority shall be effective to confer or deny
any benefits with respect to any foreign mis-
sion contrary to this title.
"GENERAL PROVISIONS
"SEC. 208. (a) The Secretary may issue
such regulations as the Secretary may deter-
mine necessary to carry out the policy of this
title.
"(b) Compliance with any regulation, in-
struction, or direction issued by the Secre-
tary under this title shall to the extent
thereof be a full acquittance and discharge
for all purposes of the obligation of the
person making the same. No person shall be
held liable in any court or administrative
proceeding for or with respect to anything
done or omitted in good faith in connection
with the administration of, or pursuant to
and in reliance on, this title, or any regula-
tion, instruction, or direction issued by the
Secretary under this title.
"(c) For purposes of administering this
title-
"(1) the Secretary may accept details and
assignments of employees of Federal agen-
cies to the Office of Foreign Missions on a
reimbursable or nonreimbursable basis
(with any such reimbursements to be cred-
ited to the appropriations made available
for the salaries and expenses of officers and
employees of the employing agency); and
"(2) the Secretary may, to the extent nec-
essary to obtain services without delay, ex-
ercise his authority to employ experts and
consultants under section 3109 of title 5,
United States Code, without requiring com-
pliance with such otherwise applicable re-
quirements for that employment as the Sec-
retary may determine, except that such em-
ployment shall be terminated after 60 days
if by that time those requirements are not
complied with.
"(d) Contracts and subcontracts for sup-
plies or services, including personal services,
made by or on behalf of the Director, shall
be made after advertising, in such manner
and at such times as the Secretary shall de-
termine to be adequate to ensure notice and
opportunity for competition, except that ad-
vertisement shall not be required when (1)
the Secretary determines that it is impracti-
cable or will not permit timely performance
to obtain bids by advertising, or (2) the ag-
gregate amount involved in a purchase of
supplies or procurement of services does not
exceed $10,000. Such contracts and subcon-
tracts may be entered into without regard to
laws and regulations otherwise applicable to
solicitation, negotiation, administration, and
performance of government contracts. In
awarding contracts, the Secretary may con-
sider such factors as relative quality and
availability of supplies or services and the
compatibility of the supplies or services with
implementation of this title.
"(e) The head of any Federal agency may,
for purposes of this title-
"(1) transfer or loan any property to, and
perform administrative and technical sup-
port functions and services for the oper-
ations of, the Office of Foreign Missions
(with reimbursements to agencies under
this paragraph to be credited to the current
applicable appropriation of the agency con-
cerned); and
"(2) acquire and accept services from the
Office of Foreign Missions, including (when-
ever the Secretary determines it to be in
furtherance of the purposes of this title) ac-
quisitions without regard to laws normally
applicable to the acquisition of services by
such agency.
"(f) Assets of or under the control of the.
Office of Foreign Missions, wherever situ-
ated, which are used by or held for the use of
a foreign mission shall not be subject to at-
tachment, execution, injunction, or similar
process, whether intermediate or final.
"(g) Except as otherwise provided, any de-
termination required under this title shall be
committed to the discretion of the Secretary.
Actions taken under the authority of this
title shall not be considered rulemaking
within the meaning of section 553 of title 5,
United States Code.
"(h)(1) In order to implement this title,
the Secretary may transfer such amounts
available to the Department of State as may
be necessary to the working capital fund es-
tablished by section 13 of this Act.
"(2) Notwithstanding any other provision
of law, all revenues, including proceeds from
gifts and donations, received by the Director
or the Secretary in carrying out this title
may be credited to the working capital fund
established by section 13 of this Act and
shall be available for purposes of this title in
accordance with that section.
"APPLICATION TO PUBLIC INTERNATIONAL ORGA-
NIZATIONS AND OFFICIAL MISSIONS TO SUCH
ORGANIZATIONS
"SEC. 209. (a) The Secretary may make sec-
tion 206, or any other provision of this title,
applicable with respect to an international
organization to the same extent that it is ap-
plicable with respect to a foreign mission if.
the Secretary determines that such applica-
tion is necessary to carry out the policy set
forth in section 201(b) and to further the ob-
jectives set forth in section 204(b).
"(b) For purposes of this section, 'interna-
tional organization' means-
"(1) a public international organization
designated as such pursuant to the Interna-
tional Organizations Immunities Act (22
U.S.C. 288-288f-2) or other law authorizing
such status; or
"(2) an official mission (other than a
United States mission) to such a public in-
tel,pnational organization,
including any real property of such an orga-
nization or mission and including the person-
nel of such an organization or mission.
"PRIVILEGES AND IMMUNITIES
"SEC. 210. Nothing in this title shall be con-
strued to limit the authority of the United
States to carry out its international obliga-
tions, or to supersede or limit immunities
otherwise available by law. No act or omis-
sion by any foreign mission, public interna-
tional. organization, or official mission to
such an organization, in compliance with
this title, shall be deemed to be an implied
waiver of any immunity otherwise provided
for by law.
"SEC. 211. It shall be unlawful for any
person to make available any benefits to a
foreign mission contrary to this title. In ad-
dition to means of enforcement otherwise
available, this title shall be enforceable in
any appropriate district court of the United
States by injunctive or other relief upon ap-
plication by the Attorney General.
"SEVERABILITY
"SEC. 212. If any provision of this title or'
the application thereof to any person or cir-
cumstance is held invalid, the remainder of
this title and the application of such provi-
sion to any other person or circumstance
shall not be affected thereby.".
(c) Section 13 of the State Department
Basic Authorities Act of 1956 (22 U.S.C.
2684) is amended in the first sentence by
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striking out "and" following the semicolon
at the end of clause (3), and by inserting im-
mediately before the period at the end there-
of"; and (5) services and supplies to carry
out title II of this Act".
(d)(1) Subparagraph (A) of section 2(1) of
the Diplomatic Relations Act (22 U.S.C.
254a(1)(A)) is amended to read as follows:
"(A) the head of a mission and those
members of a mission who are members of
the diplomatic staff or who, pursuant to
law, are granted equivalent privileges and
immunities,".
(2) Section 3(b) of such Act (22 U.S.C.
254b) is amended to read as follows:
"(b) With respect to a nonparty to the
Vienna Convention, the mission, the mem-
bers of the mission, their families, and diplo-
matic couriers shall enjoy the privileges and
immunities specified in the Vienna Conven-
(A) by inserting "the mission, the" imme-
diately after "immunities for"; and
(B) by striking out "of any sending state".
(4) Section 1364 of title 28, United States
Code, is amended by striking out "as defined
in the Vienna Convention on Diplomatic Re-
lations" and inserting in lieu thereof "within
the meaning of section 2(3) of the Diplomat-
ic Relations Act (22 U.S.C. 254a(3))".
(e) The Act of June 20, 1938 (Public Law
684, 75th Congress; 52 Stat. 797) is amend-
ed-
(1) in section 6 by striking out "(a)", and
by striking out subsections (b), (c), (d), and
();.and
(2) in section 16 by adding at the end
thereof the following new sentence: "In ad-
dition, the provisions of this Act shall not
apply to any real property to which section
206(a) of the State Department Basic Au-
thorities Act of 1956 (relating to foreign
missions) is applicable.".
REOPENING CERTAIN UNITED STATES
CONSULATES
SEC. 121. (a) None of the funds made avail-
able under this or any other Act for the "Ad-
ministration of Foreign Affairs" may be used
for the establishment or operation of any
United States consulate that did not exist on
the date of enactment of this Act (other
than the consulates specified in subsection
(b) of this section) unless all of the United
States consulates specified in subsection (b)
of this section have been reopened as re-
quired by section 108 of the Department of
State Authorization Act, Fiscal Years 1980
and 1981.
(b) The consulates referred to in subsec-
tion (a) of this section are the consulates in
the following locations: Turin, Italy; Salz-
burg, Austria; Goteborg, Sweden; Bremen,
Germany; Nice, France; Mandalay, Burma;
and Brisbane, Australia.
UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND
CULTURAL ORGANIZATION
SEC. 122. (a) The Congress finds that-
(1) a free press is vital to the functioning
of free governments;
(2) Article 19 of the Universal Declaration
of Human Rights provides for the right to
freedom of expression and to "seek, receive
and impart information and ideas through
any media regardless of frontiers";
(3) the Constitution of the United Nations
Educational, Scientific, and Cultural Orga-
nization provides for the promotion of "the
free flow of ideas by words and images";
(4) the signatories of the Final Act of the
Conference on Security and Cooperation in
Europe (Helsinki, 1975) pledged themselves
to foster "freer flow and wider dissemina-
tion of information of all kinds, to encour-
age cooperation in the field of information
and the exchange of information with other
countries, and to improve conditions under
which Journalists from one participating
State exercise their profession in another
participating State"; and
(5) government censorship, domination, or
suppression of a free press is a danger to
free men and women everywhere.
(b) Therefore, it is the sense of the Con-
gress that the United Nations Educational,
Scientific, and Cultural Organization should
cease efforts to attempt to regulate news
content and to formulate rules and regula-
tions for the operation of the world press.
(c) The Congress opposes efforts by some
countries to control access to and dissemina-
tion of news.
(d) The President shall evaluate and, not
later than six months after the date of en-
actment of this Act, shall report to the Con-
gress his assessment of-
(1) the extent to which United States fi-
nancial contributions to the United Nations
Educational, Scientific, and Cultural Orga-
nization, and the extent to which the, pro-
grams and activities of that Organization,
serve the national interests of the United
States;
(2) the programs and activities of the
United Nations Educational, Scientific, and
Cultural Organization, especially its pro-
grams and activities in the communications
sector; and
(3) the quality of United States participa-
tion in the United Nations Educational, Sci-
entific, and Cultural Organization, includ-
ing the quality of United States diplomatic
efforts with respect to that Organization,
the quality of United States representation
in the Secretariat of that Organization, and
the quality of recruitment of United States
citizens to be employed by that Organiza-
tion.
Such report should ine ude the President's
recommendations regarding any improve-
ments which should be made in the quality
and substance of United States representa-
tion in the United Nations Educational, Sci-
entific, and Cultural Organization.
TITLE II-INTERNATIONAL
COMMUNICATION AGENCY
SHORT TITLE
SEC. 201. This title may be cited as the "In-
ternational Communication Agency Author-
ization Act, Fiscal Years 1982 and 1983".,
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 202. There are authorized to be appro-
priated for the International Communica-
tion Agency $494,034,000 for the fiscal year
1982 and $482,340,000 for the fiscal year 1983
to carry out international communication,
educational, cultural, and exchange pro-
grams under the United States Information
and Educational Exchange Act of 1948, the
Mutual Educational and Cultural Exchange
Act of 1961, and Reorganization Plan Num-
bered 2 of 1977, and other purposes author-
ized by law.
CHANGES IN ADMINISTRATIVE AUTHORITIES
SEC. 203. (a)(1) Title III- of the United
States Information and Educational Ex-
change Act of 1948 (22 U.S.C. 1451-1453) is
amended-
(A) in section 301 by striking out "citizen
of the United States" and inserting in lieu
thereof "person"; and
(B) in sections 302 and 303 by striking out
"citizen of the United States" and inserting
in lieu thereof "person in the employ or
service of the Government of the United
States".
(2) Such title is further amended-
(A) in section 301-
(1) by striking out "Secretary" the first
place it appears and inserting in lieu thereof
"Director of the International Communica-
tion Agency", and
(ii) by striking out "Secretary" the second
place it appears and inserting in lieu thereof
"Director"; and
(B) in section 303 by striking out "Secre-
tary" and inserting in lieu thereof "Director
of the International Communication
Agency".
(3) Section 302 of such Act is amended-
(A) in the second sentence by striking out
"section 901(3) of the Foreign Service Act of
1946 (60 Stat. 999)" and inserting in lieu
thereof "section 905 of the Foreign Service
Act of 1980"; and
(B) in the last sentence by striking out
"section 1765 of the Revised Statutes" and
inserting in lieu thereof "section 5536 of
title 5, United States Code".
(b) Section 802 of such Act (22 U.S.C. 1472)
is amended-
(1) by inserting "(a)" immediately after
"SEC. 802."; and
(2) by adding at the end thereof the fol-
lowing new subsection:
"(b)(1) Any contract authorized by subsec-
tion (a) and described in paragraph (3) of
this subsection which is funded on the basis
of annual appropriations may nevertheless
be made for periods not in excess of- five
years when-
"(A) appropriations are available and ade-
quate for payment for the first fiscal year
and for all potential cancellation costs; and
"(B) the Director of the International
Communication Agency determines that-
"(I) the need of the Government for the
property or service being acquired over the
period of the contract is reasonably firm
and continuing;
"(ii) such a contract will serve the best in-
terests of the United States by encouraging
effective competition or promoting econo-
mies in performance and operation; and
"(iii) such method of contracting will not
inhibit small business participation.
"(2) In the event that funds are not made
available for the continuation of such a con-
tract into a subsequent fiscal year, the con-
tract shall be canceled and any cancellation
costs incurred shall be paid from appropri-
ations originally available for the -
ante of the contract, appropriations current-
ly available for the acquisition of similar
property or services and not otherwise obli-
gated, or appropriations made for such can-
cellation payments.
"(3) This subsection applies to contracts
for the procurement of property or services,
or both, for the operation, maintenance, and
support of programs, facilities, and installa-
tions for or related to telecommunication ac-
tivities, newswire services, and the distribu-
tion of books and other publications in for-
eign countries.".
(c) Paragraph (16) of section 804 of such
Act (22 U.S.C. 1474(16)) is amended by in-
serting "and security" immediately after
"right-hand drive".
(d) Title VIII of such Act (22 U.S.C.
1471-1475b) is amended by adding at the end
thereof the following new section:
"ACTING ASSOCIATE DIRECTORS
"SEC. 808. If an Associate Director of the
International Communication Agency dies,
resigns, or is sick or absent, the Associate Di-
rector's principal assistant shall perform the
duties of the office until a successor is ap-
pointed or the absence or sickness stops.".
(e) Title VIII of such Act is further amend-
ed by adding at the end thereof the follow-
ing new section:
"COMPENSATION FOR DISABILITY OR DEATH
"SEC. 809. A cultural exchange, interna-
tional fair or exposition, or other exhibit or
demonstration of United States economic ac-
complishments and cultural attainments,
provided for under this Act or the Mutual
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Educational and Cultural Exchange Act of
1961 shall not be considered a 'public work'
as that term is defined in the first section of
the Act of August 16, 1941 (42 U.S.C. 1651;
commonly known as the 'Defense Base
Act').".
(f) Section 1011(h) of such Act (22 U.S.C.
1442(h)) is amended by adding at the end
thereof the following new paragraph:
"(4) Section 701(a) of this Act shall not
apply with respect to any amounts appropri-
ated under this section for the purpose of
liquidating the notes (and any accrued inter-
est thereon) which were assumed in the op-
eration of the informational media guaranty
program under this section and which were
outstanding on the date of enactment of this
paragraph.".
DISTRIBUTION WITHIN THE UNITED STATES OF
THE FILM ENTITLED "REFLECTIONS: SAMUEL
ELIOTT MORISON"
SEC. 204. (a) Notwithstanding the second
sentence of section 501 of the United States
Information and Educational Exchange Act
of 1948 (22 U.S.C. 1461)- .
(1) the Director of the International Com-
munication Agency shall make available to
the Administrator of General Services a
master copy of the film entitled "Reflec-
tions: Samuel Eliott Morison"; and 1
(2) the Administrator shall reimburse the
Director for any expenses of the Agency in
making that master copy available, shall
secure any licenses or other rights required
for distribution of that film within the
United States, shall deposit that film in the
National Archives of the United States, and
shall make copies of that film available for
purchase and public viewing within the
United States.
(b) Any reimbursement to the Director
pursuant to this section shall be credited to
the applicable appropriation of the Interna-
tional Communication Agency.
DISTRIBUTION WITHIN THE UNITED STATES OF
THE FILM ENTITLED "AND NOW MIGUEL"
SEC. 205. (a) Notwithstanding the second
sentence of section 501 of the United States
Information and Educational Exchange Act
(22 U.S.C. 1461)-
(1) irector of the International Com-
munication Agency shall make available to
the Administrator of General Services a
master copy of the film entitled "And Now
Miguel"; and
(2) the Administrator shall reimburse the
Director for any expenses of the Agency in
making that master copy available, shall
secure any licenses or other rights required
for distribution of that film within the
United States, shall deposit that film in the
National Archives of the United States, and
shall make copies of that film available for
purchase and public viewing within the
United States.
(b) Any reimbursement to the Director
pursuant to this section shall be credited to
the applicable appropriation of the Interna-
tional Communication Agency.
REDESIGNATION OF THE INTERNATIONAL COMMU-
NICATION AGENCY AS THE UNITED STATES IN-
FORMATION AGENCY
SEC. 206. (a) The International Communi-
cation Agency, established by Reorganiza-
tion Plan Numbered 2 of 1977, is hereby re-
designated the United States Information
Agency. The Director of the International
Communication Agency or any other official
of the International Communication Agency
is hereby redesignated the Director or other
official, as appropriate, of the United States
Information Agency. .
(b) Any reference in any statute, reorgani-
zation plan, Executive order, regulation,
agreement, determination, or other official
document or proceeding to the International
Communication Agency or the Director or
CONGRESSIONAL RECORD - HOUSE October 29, 1981
other official of the International Communi- Gies involved in the exchange and otherco-
cation Agency shall be deemed to refer re- operative activities conducted pursuant to
spectively to the United States Information the agreements described in that subsection.
Agency or the Director or other official of (c) No funds appropriated for the Depilrt-
the United States Information Agency, as so ment of State or the International Commit-
redesignated by subsection (a).
(c) This section shall take effect on Janu-
ary 1, 1982.
TITLE III-BOARD FOR
INTERNATIONAL BROADCASTING
SHORT TITLE
SEC. 301. This title may be cited as the
"Board for International Broadcasting Au-
thorization Act, Fiscal Years 1982 and 1983".
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 302. Subparagraph (A) of section
8(a)(1) of the Board for International Broad-
casting Act of 1973 (22 U.S.C. 2877(a)(1)(A))
3s amended to read as follows:
"(A) $100,300,000 for the fiscal year 1981,
$86,519,000 for the fiscal year 1982, and
$98,317,000 for the fiscal year 1983; and".
TITLE IV-MISCELLANEOUS
PROVISIONS
INTER-AMERICAN FOUNDATION
SEC. 401. (a) The first sentence of section
401(s)(2) of the Foreign Assistance Act of
1969 (22 U.S.C. 290f(s)(2)) is amended by
striking out "$25,000,000 for each of the
fiscal years 1979 and 1980" and inserting in
lieu thereof "$10,560,000 for the fiscal year
1982 and $12,800,000 for the fiscal year
1983".
(b) Section 401(h) of that Act (22 U.S.C.
290f(h)) is amended by striking out "actual
and necessary expenses not in excess of $50
per day, and for transportation expenses"
and inserting in lieu thereof "travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with section 5703 of title
OVIET UNION
al Agreement on Contacts, Exchanges and
Cooperation between the United States and
the Union of Soviet Socialist Republics, and
prior to resumption of high-level meetings or
of planning for future exchange activities or
to increasing significantly individual ex-
change activities pursuant to the eleven
agreements for cooperation in specialized
fields which were entered into by United
States and the Union of Soviet Socialist Re-
publics between 1972 and 1974, or by June 1,
1982 (whichever occurs first), the Secretary
of State shall submit to the onea er o
fer to the Soviet Union of militarily signifi-
cant technology through research, ex-
changes, and other activities conducted pur-
suant to those agreements; and
(2) a detailed description on the ex-
changes-and other activities conducted pur-
suant to those agreements during fiscal year
1979, fiscal year 1980, and fiscal year 1981,
including-
(A) the areas of cooperation,
(B) the specific research and projects in-
volved,
(C) the man-hours spent in short-term
(less than sixty days) and long-term ex-
changes,
(D) the level of United States and Soviet
funding in each such fiscal year, and
(E) an assessment of the equality or in-
equality in value of the information ex-
changed.
(b) The
nication Agency may be obligated or expend-
ed after June 30, 1982, to finance any long-
term scientific or technological exchange be-
tween the United States and the Soviet
Union, including any long-term scientific or
technological exchange program of the
United States-Union of Soviet Socialist Re-
publics Graduate Student/Young Faculty
Exchange or of the United States-Union of
Soviet Socialist Republics Senior Scholar
Exchange.
REPORT TO THE CONGRESS
SEC. 403. (a) Not later than sixty days after
the date of enactment of this Act, the Presi-
dent shall prepare and transmit to the Con-
gress a full and complete report on the total
cost of Federal, State, and local efforts to
assist refugees and Cuban and Haitian en-
trants within the United States or abroad for
each of the fiscal years 1981 and 1982. Such
report shall include and set forth for each
such fiscal year-
(1) the costs of assistance for resettlement
of refugees and. Cuban and Haitian entrants
within the United States or abroad;
(2) the costs of United States contribu-
tions to foreign governments, international
organizations, or other agencies which are
attributable to assistance for refugees and
Cuban and Haitian entrants;
(3) the costs of Federal. State, and local
efforts other than described in paragraphs
(1) and (2) to assist, and provide services for,
refugees and Cuban and Haitian entrants;
(4) administrative and operating expenses
of Federal, State, and local governments
that are attributable to programs of assists
ante or services described in paragraphs (1),
(2), and (3); and
(5) administrative and operating expenses
incurred by the United States because of
the entry of such aliens into the United
States.
(b) For purposes of this section-
(1) the term "refugees" is used within the
meaning of paragraph (42) of section 101(a)
of the Immigration and Nationality Act; and
(2) the phrase "Cubans and Haitian en-
trants" means Cuban and Haitians paroled
into the United States, pursuant to section
212(d)(5) of the Immigration and National-
ity Act, during 1980 who have not been
given or denied refugee status under the Im-
migration and Nationality Act.
SUPPORTING IMPLEMENTATION OF THE WORLD
HEALTH ORGANIZATION VOLUNTARY CODE ON
INFANT FORMULA
SEC. 404. (a) The Congress finds that
(1) there is overwhelming scientific evi-
dence that breastfeeding has substantial ad-
vantages for infant health and growth, that
it offers an uncontaminated food supply, an
early transfer of antibodies protective
against infectious diseases, and a naturally
evolved and tested nutritional source, and
that it is an important factor in bonding be-
tween mother and child;
(2) numerous studies, in a wide variety of
developed and developing countries, over a
long period of time, have-shown that artifi-
cial infant feeding is associated with higher =
rates of illness and death and, in poor com-
munities, with lessened growth and nutri-
tion;
(3) the problem of unrefrigerated infant _
formula prepared with polluted water and '
placed in inadequately cleaned bottles is
further complicated by flies and heat in
tropical climates;
(4) one hundred million of the one hun-
dred and twenty-five million children in the
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
world below the age of one are born in de-
veloping countries;
(5) ten million of these one hundred mil-
%on children will probably not live until
their first birthday;
(6) diarrhea and other infectious diseases,
when combined with the problems of malnu-
trition, account for more than half of these
deaths;
(7) the use of infant formula rather than
breastfeeding is estimated to account for up
to a million of these deaths per year; and
(8) at a recent meeting of the World
Health Organization, the United States was
the only country, in a one hundred and
eighteen to one vote, to vote against a volun-
tary code to encourage breastfeeding and to
curb inappropriate marketing and advertis-
ing of infant formula, particularly in the
Third World.
(b).Therefore, the Congress-
(1) expresses its dismay at the negative
vote cast by the United States on May 21,
1981, at the Thirty-Fourth World Health
Assembly of the World Health Organization
on the "International Code of Marketing of
Breastmilk Substitutes";
(2) urges the administration to notify
promptly the World Health Organization
that the. Government of the United States
will cooperate fully with other nations in
implementation of that code;
(3) urges the United States infant formula
industry to abide by the guidelines of that
code, particularly with respect to exports
and the activities of subsidiaries in develop-
ing countries; and
? (4) reaffirms the dedication of the United
States to the protection of the lives of all
the world's children and the support of the
United States for efforts to improve world
health.
The SPEAKER pro tempore. The
gentleman from Florida (Mr. FASCELL)
is recognized for 1 hour.
Mr. FASCELL. Mr. Speaker, I yield
myself such time as I may consume.
Mr. Speaker, the original bill after
which H.R. 4814 was patterned was
considered by the House on September
17. That is the authorization for the
State Department as well as ICA, the
Board for International Broadcasting,
and the Inter-American Foundation.
After agreeing to 13 amendments
the House failed to pass the bill. But
H.R. 4814, which is now before us for
consideration, is identical to H.R. 3518,
except that it differs from the original
bill in the monetary levels which have
been adjusted to reflect the adminis-
tration's September revision of the
budget.
So we have the administration's re-
quest. in this bill for fiscal years 1982
and 1983. The administration now
fully supports this bill.
That is basically where we are now.
With this motion agreed to, we would
be able to go to conference with the
Senate bill which is now before us.
I might add that the Senate bill does
the September figures. They have the
previous figures of the administration
0 1300
.So we will go to conference in that
posture.
Now, there are many who have
raised some questions with respect to
funds for education and cultural pro-
grams, including my distinguished col-
league and ranking minority member
on the subcommittee, in a motion to
commit with instructions that he
plans to offer.
Let me point out to my colleagues
that the cuts that were made in those
programs, or proposed or agreed
upon-I am not sure which yet-are
internal allocations by OMB. These
are not cuts which are proposed in this
bill. As a matter of fact, I am violently
opposed to the internal allocations of
the cuts as suggested by OMB and the
Director of ICA. I think it would be a
disaster to allow those cuts to remain.
Many of us have signed letters to the
President and to the Director of ICA
and to OMB, asking them to reconsid-
er these cuts, because what they are
about to do, if they insist on those al-
locations internally, is effectively to
wipe out our cultural exchange pro-
grams around the world.
Now, most of us, if not all of us, are
agreed upon the importance of those
programs, and they should be contin-
ued.
I want to point out, also, that even if
the House were to increase the
amount of authorization, even to the
extent suggested by my colleague, the
gentleman from Illinois, it, would still
not guarantee that the internal alloca-
tions would not still hold. What has to
be done, rather than vote for the
motion to commit with instructions, is
to make sure that the administration
internally does not carry out the allo-
cations of the cuts in the manner in
which they propose. There are a lot of
other things they could do. They
could, for example, prorate the cuts
across the board. They could take it
out of other moneys that are, available
to them. They could take it out of the
radio construction account, where
funds are not immediately needed.
There are a lot of things that could be
done.
But let me assure my colleagues who
are concerned about this, and some of
whom will speak on this issue, that we
as a committee are aware of this prob-
lem, we are opposed to the allocations
which unfairly target these programs
for such large cuts. We will do every-
thing we can to keep those programs
alive.
As of right now, the appropriations
bill affecting this account-and I want.
my colleagues to pay particular atten-
tion to this-when the House passed
the appropriations bill, this matter
was not before us. We did not have
this problem. But the Senate appropri-
ations bill was still being acted on in
the other body. And just yesterday,
the Appropriations Subcommittee in
the other 'body dealing with this ac-
count increased the amount of money
available to the ICA account. I want to
repeat for emphasis to all of the Mem-
bers who are interested either in the
motion to commit with instructions or
who are concerned about these pro-
grams-the Appropriations Committee
in the other body has earmarked $101
million for education and cultural af-
fairs. And I would propose to my col-
leagues in the conference, when we go
to conference on this, the authoriza-
tion bill, that we would write language
in the statement of managers making
it absolutely clear that we are totally
opposed to this irrational allocation of
the cuts within the budget figures. I
think that should.handle the problem.
While I am in sympathy with what
my distinguished friend, the gentle-
man from Illinois wants to do, I would
urge my colleagues to vote against the
motion to commit, stay with the au-
thorization figures we have now got
for 1982 and 1983, allow us to go to
conference, and work out the best pos-
sible bill we can, with the guarantees
on these programs. -
I include the following:
floor levels (September) revised position
Fiscal year Fiscal year Fiscal year Fiscal year
1982
Department of State..
Administration of Foreign Affairs ..............................._............................................................._.................._..._.....-?............
1,318,754
International organization and conferences ............................... .... ......._............................... .......-....._.........._....................
469,472
International commssions.._ ...................... ................................
......... ............................. ....... _.._.._.......... ._....................
22,508
Migratfon and refogee assistance. ...................... . ......................... . ........ . ..................... . ................................. . ......................
553,100
S nce/tectrnology agreements..--...__...._ ................. ......... ...... ._......... _..............._~...._ .. ?........... .._ ..._......._
3,700
SuMotat, Department of State ....... ..._._ ............ ........... ............. _._................. ............ _ ......._..........._...........
{nidnalionat Commonice8as AgencP
Setaries and eoerrses................._.._......_. ...
452,187
Salaries and ensee (spesrel forelgn carreacy pregmmj............__.._..............................
11,451
16,880
80,884
1983 1982 1983
1,248,059 1,245,637. 1,248,059 -73,117 ......................
469,472 503,462 514,436 33,990 44,964
24,759 19,808 22,432 -2,700 -2,327
555,600 504,100 460,000 -49,000 -95,600
3,700 3,700 3,700 ... .........................................
029,059
19,750
94,298
9,110
14,854
71,178
492,187 -51,295 -76,872
11,451 -4341 -1,941
16,888 -2,026 -2,810
1,822 -9,106 -82,476
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.SECTION-BY-SECTION ANALYSIS or H.R. 4814
SECTION 101: SHORT TITLE
This section provides a short title for the
Department of State provisions.
SECTION 102: AUTHORIZATIONS OF
APPROPRIATIONS
This section provides the authorized funds
for the Department of State to carry out its
functions and responsibilities:
(1) Administration of Foreign Affairs:
$1,245,637,000 for fiscal year 1982.
$1,248,059,000 for fiscal year 1983.
(2) International Organizations:
$503,462,000 for fiscal year 1982.
$514,436,000 for fiscal year 1983.
(3) International Commissions:
$19,808,000 for fiscal year 1982.
$22,432,000 for fiscal year, 1983.
(4) Migration and Refugee Assistance:
$504,100,000 for fiscal year 1982.
$460,000,000 for fiscal year 1983.
SECTION 103: PALESTINIAN RIGHTS UNITS
This section states that the U.S. 'assessed
contribution to the United Nations shall be
reduced to reflect our desire not to fund any
activities of the two U.N. Palestinian Rights
Units. As the U.S. contributes 25 percent of
the U.N.'s assessed budget, this section
would reduce the U.S. contribution by 25
percent of the budgets of the Committee on
the Exercise of the Inalienable Rights of
the Palestinian People and the Special Unit
on Palestinian Rights, representing the U.S.
assessed contribution for these organiza-
tions.
The Committee is aware that all assessed
contributions are directed to a U.N. general
fund and that the U.S. cannot direct the
subsequent use of these funds. Therefore,
although our total contribution is reduced,
the budget of the Palestinian Rights units
may not be reduced in kind. The resolution
is, however, a signal of our unwillingness to
'support the mandate of these organizations
and our belief that neither the Committee
on the Exercise of the Inalienable Rights of
the Palestinian People nor the Special Unit
on Palestinian Rights is an aid to the peace
process.
SECTION 104: RESTRICTION ON CONTRIBUTIONS
TO THE UNITED NATIONS EDUCATION SCIEN-
TIFIC AND CULTURAL ORGANIZATION (UNESCO)
This section directs that none of the
funds authorized in Section 102(2) or in any
other act of "Interiational Organizations
and Conferences" shall be used by the U.S.
Government for payment of its assessed
contribution to UNESCO if that organiza-
tion implements any policy or procedure
which would serve to restrict the free flow
of information or to license journalists and
impose any form of journalistic code of
ethics.
SECTION 105: EX GRATIA PAYMENT
This section' provides that $81,000 of the
amount appropriated under the Administra-
tion of Foreign Affairs account be paid ex
gratis to the government of Yugoslavia for
injuries sustained by a Yugoslav national as
a result of an attack on him in New York.
SECTION 106: ASSISTANCE FOR REFUGEES
SETTLING IN ISRAEL
This section earmarks $12.5 million in
fiscal year 1982 and $15 million for fiscal
year 1983 for the resettlement in Israel of
CONGRESSIONAL RECORD - HOUSE October 29, 1981
(H.R. 3518-H.R. 4635) House (H.R. 4814) Administration's Difference
floor levels . (September) revised position
Fiscal year Fiscal year Fiscal year Fiscal year Fwd year fiscal year
1982 1983 1982 1983 1982 1983
refugees from the Soviet Union and Eastern
Europe. .
SECTION 107: BILATERAL SCIENCE AND
TECHNOLOGY AGREEMENTS
This section authorizes $3.7 million for
each of the fiscal years 1982 and 1983 for
the U.S. share of expenses for U.S. bilateral
science and technology agreements with Yu-
goslavia and Poland.
SECTION 108: BUYING POWER MAINTENANCE
FUND AND TECHNICAL AMENDMENTS RELATING
TO CURRENCY FLUCTUATIONS
This authorization will provide the means
for the Secretary of State, the Director of
ICA, and the Board for International
Broadcasting to maintain approved levels of
activity under rapidly changing economic
conditions. The section will provide budget
authority to offset losses in other appropri-
ations due to adverse fluctuations in foreign
currency exchange rates or overseas wage
and price changes unanticipated in the
budget. Under the Buying Power Mainte-
nance Fund for the Department of State,
gains in other appropriations due to favor-
able movements in exchange rates in over-
seas wage and price fluctuations in those
countries would be transferred to this ap-
propriation to offset future losses.
This section also clarifies provisions of law
enacted in 1979 to ensure authorization of
the amount of appropriations necessary to
offset the adverse fluctuations in foreign
currency exchange rates in order to main-
tain the authorized level of expenditures ap-
proved by Congress for the Department of
State, the International Communication
Agency, and the Board for International
Broadcasting.
SECTION 109: PASSPORT FEES AND PERIOD OF
VALIDITY
This section would permit the Secretary
of State to determine application and issu-
ance fees for U.S. passports, in accordance
with policy and standards now used in de-
termining consular and other fees.
It would also extend the duration of pass-
port validity from the present five year
period, to a ten year period from the date of
issuance. The Secretary of State may estab-
lish a shorter period of validity in particular
cases or on a general basis.
SECTION 110: DOCUMENTATION OF CITIZENSHIP
This section provides that passports and
the reports designated a "Report of Birth
Abroad of a Citizen of the United States"
shall be considered evidence of United
States citizenship in the same manner as
are certificates of naturalization or of citi-
zenship.
SECTION 111: PAN AMERICAN INSTITUTE OF
GEOGRAPHY AND HISTORY
This section deletes the $200,000 annual
limitation on the U.S. contribution to the
Pan American Institute of Geography and
History (PAIGH). The current level of the
U.S. assessed share of contributions is
$274,005 which has been the assessment
since 1979. This provision would permit the
U.S. to pay the difference between past as-
sessments ($140,010 cumulative arrearages
for 1979 and 1980) and the $200,000 limita-
tion.
The United States has been a member of
the PAIGH since 1935. A specialized organi-
zation of the OAS, it promotes, coordinates
and carries out scientific and historical re-
search and transmits the results to govern-
ment agencies and scientific groups in
member countries.
In the United States. the National Aero-
nautics and Space Administration, the Na-
tional Oceanic and Atmospheric Administra-
tion, the National Ocean Survey, the Geo-
logical Survey, the Bureau of the Census,
the Defense Mapping Agency, and the De-
partment of Defense, through its Inter-
American Geodetic Survey, as well as nu-
merous private groups and universities have
participated in the activities of the Insti-
tute.
Through participation in PAIGH, the
United States frequently receives scientific
and technical data that would be difficult to
obtain on a bilateral basis. These data help
solve problems in such diverse fields as
transportation, national defense, agricul-
ture, and telecommunications. For example,
PAIGH programs include the preparation of
standards for a geomorphological map of
the Americas which will be available to
member countries, and the updating of an-
notated indexes of aerial photograph worm
and topographic and natural resource maps.
SECTION 112: INTERNATIONAL INSTITUTE FOR
THE UNIFICATION OF PRIVATE LAW AND THE,
HAGUE CONFERENCE ON PRIVATE INTERNA-
TIONAL LAW
This section would provide legal authority
for the United States to pay arrearages in
its assessments for 1979 and 1980 and will
permit full payment of anticipated assess-
ments in 1981 and beyond. The fiscal year
1982 estimated assessment for the Interna-
tional Institute for the Unification of Pri-
vate Law is $50,500. The estimated fiscal
1982 assessment for the Hague Conference
on Private International Law is $77,100.
SECTION 113: PAN AMERICAN RAILWAY
CONGRESS
This section would provide legal authority
for the United States to pay its 1981 assess-
ment, and to meet future assessments, for
its participation in the Pan American Rail
way Congress, by lifting the existing $15,000
ceiling on U.S. annual contributions. The es-
timated fiscal 1982 U.S. assessment is
$22,500. This increase is the first such in-
crease since the quota was raised to $15,000
in 1971. No program growth Is projected.
The increase covers salary and price in-
creases due to the effects of inflation.
SECTION 114: UNITED STATES REPRESENTATIVE
TO INTERNATIONAL ORGANIZATIONS IN VIENNA
This section would amend the U.N. Par-
ticipation Act of 1945 to enable the U.S. to
combine into a single mission the direction
and mangement of its missions to Interna-
tional Organizations in Vienna. The U.S.
now has representation to two units of the
U.N. Secretariat, the International Atomic
Energy Agency, and the U.N. Relief and
Works Agency. Other UN organizations in
Vienna include the UN Industrial Develop-
ment Organization, the UN Fund for Drug
Abuse Control, the Center for International
Trade Law, and the Center for Social Devel-
opment and Humanitarian Affairs.
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SECTION 115: LIVING QUARTERS FOR THE STAFF
OF THE UNITED STATES REPRESENTATIVE TO
THE UNITED NATIONS
%This section amends the United States
Participation Act of 1945 to authorize the
appropriation of funds to be used for the
lease or rental of living quarters for use of
the staff of U.S. Representatives to the
United Nations. This amendment is neces-
sary to 1) cope effectively with the housing
market 2) take advantage of the rent in-
crease limitations imposed by the New York
City Rent Stabilization Code, and 3) elimi-
nate substantial expenses and insure that
economic hardship does not adversely affect,
the ability of the Department to attract the
best qualified individuals for service at the
U.S. Mission to the United Nations. To
reduce expenditure of appropriated funds,
the payments made by employees to occupy
these living quarters would be credited to
and used by the appropriation account from
which the apartment lease or rental is fi-
nanced
SECTION 116: AMENDMENTS CORRECTING
PRINTING ERRORS
This section merely corrects printing
errors in the 1980 printing of the Foreign
Service Act of 1980.
SECTION 117: PRIVATE SECTOR REPRESENTA-
TIVES ON UNITED STATES DELEGATIONS TO IN-
TERNATIONAL TELECOMMUNICATIONS MEET-
INGS AND CONFERENCES
This section exempts from certain provi-
sions of the Ethics and Government Act,
private sector representatives who are asked
tq serve on U.S. Delegations to certain inter-
national telecommunications meetings and
conferences. Under certain circumstances,
the United States finds it useful and desir-
able to include representatives of the com-
nlunications sector on official U.S. delega-
tions to international meetings of such orga-
nizations as the International Telecommu-
nications Union. Not only do these people
provide needed technical expertise, but the
decisions made at the international level in
the area of communications are of direct
concern to the U.S. private sector. However,
without the exemption provided by this sec-
tion, private sector representatives of such
delegations, who are considered special gov-
ernment employees for this limited purpose,
would be subject to criminal prosecution if
they return to their private sector jobs after
having served the government.
SECTION 118: PROCUREMENT CONTRACTS
This section authorizes the Department of
State to enter into contracts for property
and services on a multiyear basis for a
period not to exceed 5 years. It is similar to
the authority provided for ICA In section
203(b). This provision should permit cost
savings to the Department. -
SECTION 119: COMPENSATION FOR DISABILITY
OR DEATH
This section would exempt the Depart-
ment of State from paying federal work-
men's compensation insurance for employ-
ees working under contract for the Depart-
ment or the Foreign Service. This would
permit the use of local workmen's compen-
sation plans, which currently cover such
employees.
SECTION 120: REGULATION OF FOREIGN
MISSIONS
balance between the treatment accorded by tion, a "fee" equal to 1 night's lodging is
many countries to official missions of the charged to diplomats, but not to tourists or
United States abroad, and that accorded to Soviet citizens, for holding hotel reserva-
foreign,government missions in the United tions, which are always difficult to obtain
States. The Department of State does not anyway due to the shortage of hotel rooms.
currently possess authority to enforce reci- Regardless of the duration of stay, a diplo-
procity in an appropriate and effective mat is thus obliged to pay for 1 extra day of
manner, while other nations use devices, lodging.
often called Diplomatic Service Bureaus, to In Chile, staff personnel are not permitted
provide services to the diplomatic communi- to sell imported cars unless they pay import
ty and to prevent or control direct contact duties. In Venezuela,. these employees are
by diplomats with individual service organ- restricted to Venezuelan-made cars. Thus, a
zatio?s. communicator who brings into Chile an
Such bureaus perform many functions in American car on a 2-year assignment and is
the areas of housing, personnel, and the then reassigned to Venezuela is faced with
procurement of goods and services-even two problems. He cannot sell his American
the provision of tickets for cultural and ath- car in Chile and cannot import it into Ven-
letic performances. In the Soviet Union, all ezuela.
services to the diplomatic community are In many areas of the world, both the U.S.
controlled through a service bureau. Many Government and its employees encounter
service bureaus even provide any foreign na- serious inequities regarding the import or
tional hires which the diplomatic communi- export of privately owned vehicles and
ty may require-under contract to the other personal effects. Nonetheless, employ-
bureau and at a pay rate set by the bureau. ees of these government's foreign missions
Each bureau is controlled by its Ministry of in the United States do not face these re-
Foreign Affairs. strictions. Problems exist, for example, in
The problems caused by such controls, Mexico, Venezuela, Singapore, Guatemala,
and by other foreign government policies, and at many embassies in the Near East. At
are many. In an increasing number of coun- the same time, these countries' missions in
tries, for example, the United States is the United States are allowed to acquire
dr suitable
for U.S. missiions property and goods freely, are exempt from
rights s to property
often of long-term ri resulting in diminished security, ity, axd road- - - customs duties and local taxes, and may
cessive s o rer discriminatory costs, or obtain benefits and public services, often equate facilities which significantly reduce without limitation. the effectiveness of the missions The problem of taxation of diplomatic
.
In the Soviet Union and Eastern Europe- personnel has been particularly vexing. For
an countries,, the U.S. Government is barred example, although the Vienna Conventions
from purchasing office and residential prop- on Diplomatic Relations and on Consular
erties and is required to obtain all facilities Relations extend to noncommissioned diplo-
and service through government-controlled matic and consular personnel assigned
sources. In many cases, these are either in- abroad certain protections from host gov-
adequate, 'excessively costly, or both, or ernment customs duties and local taxes,
they may be arbitrarily denied. On the many host governments deny such exemp-
other hand, in the United States, these gov- tions at considerable extra expense to For-
ernments are allowed to purchase both eign Service members. Since many of these
types of property in Washington, D.C. All people are at the lower end of the Foreign
own either office or residential space. Service pay scale, this adds yet another
-Indeed, the Soviet Union is much farther burden to overseas service.
along in building a new embassy complex in In Chile and Malta, the U.S. Embassy is
Washington, because they have been able to not exempt from the payment of a gasoline
use-private U.S. contractors to do the work. tax of 48 cents and 25 cents per gallon, re-
Phase 1 of the project, including living spectively. In Yugoslavia. the U.S. Embassy
quarters, recreational facilities, a school, is required to pay a 27.5-percent tax on
and medical building, is nearly complete. In heating oil.
Moscow, the U.S. Embassy complex founda- A number of countries also require a
tion.has almost been completed. Close U.S.. transaction tax on certain construction ma-
supervision is required, while delays and ha- terials. One example is Portugal, where the
rassment commonly accompany the work, imposition of this tax may greatly increase
so that completion of the project is at least the cost of the new Embassy being con-
4 years away. structed in Lisbon. In New Delhi, all Embas-
In Kuwait, Bahrain, and the United Arab sy administrative, support, and specialized
Emirates, the United States is allowed to staff such as library of Congress personnel
purchase badly needed staff housing sites do not receive duty-free import privileges
which would permit residential construction and are not exempt from customs Inspection
and elimination of exorbitant short-term and the imposition of certain taxes, despite
lease charges. Yet these same governments their performance of official functions for
own residential units in the U.S. capital the United States.
area. In most cases, the Department of State
In Algeria, a prior expropriation of U.S. lacks authority to impose similar restric-
property remains unsettled. Present facili- tions or conditions on such countries in the
ties used by the United States are complete- United States. Instead, it can only take
ly inadequate. Efforts to secure long-term more extreme action such as barring the
office and residential properties have been mission concerned from using property It
notably unsuccessful. may acquire denying all tax privileges to a
In Indonesia, the Government has decreed diplomat, or declaring some persons persona
that the U.S. Government may no longer nongrata. These remedies constitute a form
Section 120 the "Foreign Missions" provi- in the process of converting these to long-
sion, amends the State Department Basic term leaseholds. The new groundrents will
Authorities Act of 1956 by adding a new be considerable. Indonesia, of course, is free
title II which establishes basic policies, and to buy, lease and sell property in United
grants to the Secretary of State basic au- States.
thorities concerning the activities and oper- In the Soviet Union, diplomats are
ations of foreign missions in the United changed much higher rates for hotel rooms
States, than are other foreign citizens or Soviet citi-
This new title Is designed to provide a zens. In some case, charges have been as
means to remedy a serious and growing im- high as 10 times the normal rate. In addi-
of overkill and are not appropriate for many
situations, so they are rarely used.
The new foreign missions title would
remedy this situation by providing the Sec-
retary of State with additional authority
and the means to enforce reciprocity in a
manner appropriate to the specific prob-
lem-to "make the punishment fit the
crime." The establishment of such an Office
of Foreign Missions builds on the successful
experience of other countries. It permits the
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flexibility essential to the changing require-
ments of reciprocity. It is the committee's
hope that enactment will result in improved
reciprocity and an end to unreasonable re-
straints on foreign missions here and
abroad.
Section 120 specifically provides a mech-
anism whereby the operations of foreign
missions in the United States and the bene-
fits available to them from Federal, State,
and local authorities, public utilities, and
private persons may be reviewed and, if nec-
essary, regulated through a central authori-
ty. In this way, the conditions under which
foreign missions operate in the United
States can be made to reflect the conditions
under which missions of the United States
are required to operate in the countries rep-
resented by such foreign missions. As a
result, the foreign governments and entities
represented by missions in the United
States will have an incentive to provide fair,
equitable, and nondiscriminatory treatment
to U.S. missions and personnel in their terri-
tories. This, in turn, will contribute to sig-
nificant savings in the costs of operating
U.S. missions overseas, improved morale and
working conditions for U.S. personnel, and
mutual respect in U.S. bilateral and multi-
lateral relations. These new authorities may
also be applied to international organiza-
tions to a limited extent where necessary to,
give effect to the policy of this legislation.
These new authorities will also enhance
the ability of the United States to assist for-
eign missions in obtaining benefits to which
they are entitled under appropriate interna-
tional treaties and bilateral agreements. It
is the committee's hope that many obstacles
will now be removed which have in the past
hindered the Department of State in re-
sponding effectively to the needs of foreign
missions.
Foreign mission activites in the United
States are presently regulated in significant
ways by treaties and other international ob-
ligations of the United States, such as the
1961 Vienna Convention on Diplomatic Re-
lations. Certain, mission activites are now
subject to domestic regulation under exist-
ing Federal laws such as the 1978 Diplomat-
ic Relations Act and the 1976 Foreign Sover-
eign Immunities Act. Foreign missions and
their personnel are admitted into the
United States only with the approval of the
U.S. Government, and may be required at
any time to depart the United States.
Thus, foreign missions and their person-
nel do not possess the status of private per-
sons or organizations within the United
States. In some cases their rights may be
greater, and in some cases more limited. "
The privileges of entry into the United
States, and the authority to conduct activ-
ities in the United States, which clearly may
be withheld altogether, will be subject to a
wide range of conditions under the proposed
legislation. Such regulation of foreign mis-
sions is squarely within the foreign relations
power of the United States and, therefore, a
proper subject for federal legislation.
The committee notes that, while this title
is replete with discretionary authorities,
they are intended to provide the flexibility,
which the Department of State has not
heretofore possessed, to enable the Secre-
tary to decide which 'sanction or other re-
sponse is most appropriate to solve a specif-
ic problem. These authorities are not to be
used as an excuse for ignoring a problem for
fear of affecting U.S. bilateral relations ad-
versely. That consideration certainly never
enters into the discriminatory treatment ae-
eorded the United States by certain other
countries. The committee therefore expects
the Secretary of State, acting through this
Office of Foreign Missions, to use these au-
thorities meaningfully and effectively. In
CONGRESSIONAL RECORD - HOUSE October 29, 1$81
this way, the United States will make it
abundantly clear that it views seriously the
international obligations of all states.
The committee also notes that this legisla-
tion is not intended to affect those protec-
tive services provided to the diplomatic com-
munity by the United States, including
those provided by the U.S. Secret Service
under the authority of section 202 of title 3,
U.S. Code, with respect to foreign diplomat-
ic missions, or under section 3056 of title 18
U.S. Code, with respect to a visiting head of
a foreign state or government or certain dis-
tinguished foreign visitors. It is not the in-
tention of this legislation to change in any
way the authority or procedures of the U.S.
Secret Service, nor to affect the basic policy
of providing protection at a level which is
commensurate with the need.
Section 120(a) designates the existing pro-
visions of the State Department Basic Au-
thorities Act of 1956 as "Title I-Basic Au-
thorities Generally."
Section 120(b) provides for a new title II
of that act to be designated "Authorities
Relating to the Regulation of Foreign Mis-
sions." The remainder of section 120(b) con-
tains the extent of the new title II, which
consists of 12 sections:
SECTION 201-DECLARATION OF FINDINGS AND
POLICY
Section 201 sets forth congressional find-
ings and policies concerning the operations,
activities, and obligations of foreign mis-
sions in the United States, and the interna-
tional legal obligation of nations to provide
assistance to missions within. their territor-
ies.
Section 201(a) restates the established ju-
risdiction of the Federal Government over
the operation in the United States of for-
eign missions and public international orga-
nizations and official missions to such orga-
nizations. Many aspects of the operations of
such missions and organizations are already
governed by Federal law, including the Dip-
lomatic Relations Act (22 U.S.C. 254a-254c)
and the foreign missions title represents a
further exercise of Federal jurisdiction in
this regard.
Section 201(b) enunciates U.S. policy to
support and facilitate the secure and effi-
cient operation of U.S. missions, abroad and
of foreign missions and international orga-
nizations in the United States. It further de-
clares U.S. policy to assist in obtaining ap-
propriate benefits, privileges, and immuni-
ties for foreign missions and international
organizations in the United States and to re-
quire them to observe corresponding obliga-
tions in accordance with international law.
These statements do not represent a new
policy. Rather, they reflect the purpose of
this provision to improve the ability of the
Secretary of State to give effect to existing
policy.
Section 201(c) mandates the consideration
of benefits, privileges, and immunities ac-
corded to U.S. missions abroad in determin-
ing the assistance to be accorded to foreign
missions in the United States in the specific
application of the general policy enunciated
in subsection (b). This element is reciproc-
ity, while not necessarily determinative in
all cases, is a key feature of the system envi-
sioned by the foreign missions provision.
The concept requires the Secretary of State
to be cognizant of the treatment of U.S.
missions and personnel in foreign countries
and to take that treatment into account in
determining how foreign missions are to be
treated in the United States.
SECTION 202-EWINITIONS
Section 202 defines terms used in the for-
eign missions title and specifies the role of
the Secretary of State in determining their
interpretation and applicability.
Subsection 202(a)(1) defines "benefit" to a
foreign mission as any acquisition or au-
thorization for an acquisition in the United .
States by or for a foreign mission, including
such benefits as real property, public serv-
ices, supplies, including maintenance and
transportation, local staff, travel and relat-
ed services, and protective services. The
committee stresses that this enumeration is
merely illustrative and not exhaustive. In
fact, this provision explicitly grants the Sec-
retary of State authority to designate what
constitutes a "benefit" for purposes of this
title. The committee notes that the term
"utility" should be broadly construed to in-
clude gas, electricity, oil, telephone, trash
disposal, water and sewer services, and the
like.
Section 202(a)(2) defines a "chancery" as
the principal offices of a foreign mission
used for diplomatic or related purposes (e.g.,
consular functions), as well as annexes, an-
cillary offices, support facilities, and any
building site for such purposes. This means,
for example, that residences, recreational
facilities, and warehouses acquired by a for-
eign mission would not be included in the
term "chancery." It is intended that the
term be construed to include only those
structures, facilities, and sites used by a for-
eign mission to conduct its business in the
United States.
Section 202(a)(3) defines "Director" as the
Director of the Office of Foreign Missions
in the Department of State. That office is
established.under section 203(a) below.
Section 202(a)(4) defines a "foreign mis-
sion" as any official mission to the United
States involving diplomatic, consular, or
other governmental activities of a foreign
government or another foreign organization
(other than an international organization)"
which has been granted privileges and im-
munities under U.S. law. In addition to tra-
ditional diplomatic and consular establish-
ments, this term includes such special mis-
sions as that of the Commission of the Eu-
ropean Communities and diplomatic liaison
offices which have been granted privileges
and immunities pursuant to special legisla-
tion (22 U.S.C. 288h). It could also be appli-
cable to state trading organizations operat-
ed by some governments, to the extent that
the trading organization performs govern-
mental functions. The term includes both
the personnel and property of the mission.
Section 202(a)(5) defines the term "real
property" to include any right, title, or in-
terest in or to, or the beneficial use of, any
real property in the United States. This
would include situations where property has
been acquired, for example, by a separate
corporation controlled by a foreign mission,
or by an organization which intends to
make such property available for activities
of a foreign mission. The term not only in-
cludes rights acquired by purchase, but also
interests acquired by lease.
Section 202(a)(6) defines "Secretary" to
mean the Secretary of State.
Section 202(a)(7) defines "sending state"
as the foreign government, territory, or po-
litical entity represented by a foreign mis-
sion. This is the term commonly used in in-
ternational agreements concerning foreign
missions, such as the 1961 Vienna Convene
tion on Diplomatic Relations (23 U.S.T.
3227, TIAS 7502) and the 1963 Vienna Con-
vention on Consular Relations (21 U.S.T. 77,
TIAS 6820).
Section 202(a)(8) defines "United States't
to mean the several States, the District of
Columbia, the Commonwealth of Puerto
Rico, and the territories and possessions of
the United States. This definition outlines
the geographic application of the provision
to make clear that it is intended to cover
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
foreign missions situated in any such loca-
tion and activities carried out in any such
location.
,Section 202(b) commits the Interpretation
and application of the terms defined in sub-
section (a) to the discretion of the Secretary
of State. The provision is intended to avoid
conflicting interpretations by different gov-
ernment agencies and courts and potential
litigation that might detract from the effi-
cient implementation of this title or might
adversely affect the management of foreign
affairs. A determination, for example, as to
what constitutes diplomatic, consular, or re-
lated official activity, may affect similar de-
terminations by foreign states concerning
functions of U.S. missions abroad. Such de-
terminations might also affect implementa-
tion of multilateral treaties. Accordingly,
they should not be left open to diverse in-
terpretations under the foreign missions
title.
SECTION 203-OFFICE OF FOREIGN MISSIONS
Section 203 provides for establishment of
a new office in the Department of State to
administer the foreign missions provisions.
Section 203(a) directs the Secretary of
State to establish the Office of Foreign Mis-
sions as an "independent office" in the De-
partment of State. This Office is to be
headed by a Director appointed by the Sec-
retary, who will perform under the Secre-
tary's supervision and direction. The Secre-
tary is prohibited from delegating supervi-
sory authority over the Director to any offi-
cial below the rank of Under Secretary.
This organizational structure seeks to rec-
oncile two competing policy interests. On
the one hand, regulation of the operation of
foreign missions in the United States is an
important aspect of the conduct. of foreign
affairs and should be directly under the su-
pervision of the Secretary of State. On the
other hand, this responsibility should not
be imposed on the operating bureaus in the
State Department which deal with foreign
missions on substantive issues on a day-to-
day basis. These concerns will be met effec-
tively by placing responsibility in the State
Department and, at the same time; preclud-
ing its exercise by the operating bureaus.
This new Office will also relieve the Office
of Protocol-of its often-conflicting responsi-
bilities vis-a-vis foreign missions in the
United States, and will enable it to dis-
charge its proper responsibilities more effi-
ciently and effectively. The committee ex-
pects, in particular, that certain responsibil-
ities will be moved from the Office of Proto-
col to the Office of Foreign Missions, includ-
ing such matters as: (1) The determination
of eligibility and issuance of credentials of
diplomatic, consular, and other foreign gov-
ernment officers and employees with re-
spect to rights, privileges, and immunities;
(2) advising and acting as liaison to State
and local government authorities on diplo-
matic privileges and immunities and related
matters; (3) providing certifications of the
immunity status of individuals for use in
court cases; (4) requesting waiver of immu-
nity in appropriate cases; (5) assisting in the
negotiations of consular conventions and
other treaties and agreements involving
rights, privileges, and immunities of foreign
government missions and personnel; and (6)
providing advice and assistance to diplomat-
ic missions. -
In certain areas, the Secretary may find it
appropriate to permit sharing of responsi-
bilities between the two Offices, but the
committee expects the new Office to resolve
the inherent conflict between protocol
duties and those duties involving regulation
of foreign mission activities. Appropriate li-
aison between the offices should assure that
conflicts are minimized.
-
Section 203(b) identifies the major respon-
sibilities that the Secretary may delegate to
the Director, and authorizes the Secretary
to assign other functions to the Director as
the Secretary may determine necessary in
furtherance of the policy of the foreign mis-
sions provision. The two specific responsibil-
ities of the Director identified in this sub-
section are those of assisting Federal, State,
and municipal agencies in ascertaining and
according benefits, privileges, and immuni-
ties to foreign missions, and of providing or
assisting in the provision of benefits to for-
eign missions. The manner of such assist-
ance is dealt with in section 204 below.
SECTION 204-PROVISION OF BENEFITS
Section 204 contains the key provisions
empowering the Secretary of State to imple-
ment the policy of the foreign missions pro-
vision by setting terms and conditions upon
which benefits may be provided for any for-
eign mission. Additional specific authority
to impose conditions on or to regulate the
acquisition or use of real property is set
forth in section 205 below. The committee
does not intend either section to limit the
authorities granted in the other.
Section 204(a) specifically provides au-
thority for the Director to assist foreign
missions, at their request, to obtain benefits.
The Secretary of State may approve terms
and conditions for such benefits.
The committee notes that this authority
is intended both to enable the United States
to exercise more effective control over the
granting of privileges, immunities, and
other benefits to foreign missions and to en-
hance the ability of foreign missions to con-
duct their representational duties in the
United States.
Section 204(b) authorizes the Secretary to
require a foreign mission to comply with
such terms as the Secretary may establish
in order to obtain or utilize any benefits or
to take certain other actions. Alternatively,
this subsection empowers the Secretary to
require a foreign mission to obtain benefits
from or through the Office of Foreign Mis-
sions. The Secretary is authorized to impose
substantive and' procedural constraints on
the basis of reciprocity or-otherwise, in ac-
cordance with the criteria set forth in para-
graphs (1) through (4) of this subsection.
These criteria include such matters as facili-
tating U.S. diplomatic relations, protecting
the interests of the United States, assisting
in the resolution of disputes affecting U.S.
interests, or adjusting for costs and proce-
dures imposed on missions of the United
States abroad.
The committee notes that flexibility is de-
sirable and necessary in the operation of
this Office. Therefore, the committee has
not mandated the concept of a quid pro quo
for each individual case. Nevertheless, the
committee stresses its intent that .the new
Office of Foreign Missions recognize and
utilize the concept of reciprocity effectively.
Section 204(c) sets forth certain condi-
tions which the Secretary may impose on
foreign missions in order for them to obtain
benefits. Section 204(c)(1) provides that a
requirement may be imposed for a sur-
charge to be paid to the Director by a for-
eign mission for the receipt of any specified
benefit, regardless from whom the benefit is
obtained. This provision will enable the
volved in acquiring the benefit in question.
Payment of the surcharge would be a condi-
tion precedent for the mission to be allowed
to obtain or retain specified benefits from
private or public sources. Thus, there would
generally not be any direct effect on the
terms ear conditions set in private contracts
or by persons providing benefits to such
missions.
Section 204(c)(2) provides for a waiver of
recourse by a foreign mission generally
against any governmental authority, entity
providing public services, or other person in
connection with any action (including an
omission) determined by the Secretary to be
in furtherance of the purposes of the title.
In the absence of such a provision, public
agency officials, private party contractors,
or persons acting for publicly regulated util-
ities, among others, could be exposed to
suits challenging their authority to carry
out such actions, or to suits for damages for
complying with a requirement of the Secre-
tary under the foreign missions title. Sec-
tion 208(b), discussed below, provides fur-
ther protection against suit in this-regard.
Section 204(d) provides that the Secretary
may designate the Director of the Office of
Foreign Missions, or any other Officer of
the Department of State, as the agent of a
foreign mission for the purpose of executing
the required waiver. This authority is neces-
sary to assure that the U.S. person acting in
response to the Secretary's direction will
not incur liability to a foreign mission.
Section 204(e) prevents the State Depart-
ment from certifying the diplomatic status
of more than two applicants per foreign
mission who are seeking diplomatic license-
plates from local motor vehicle depart-
ments.
SECTION 205-PROPERTY OF FOREIGN MISSIONS
Section 205 recognizes that the location
and use of foreign missions facilities in the
United States and the process by which
those facilities in the United States and the
process by which those facilities are ob-
tained, clearly affect the Federal interest,
and have a direct impact on the security
and adequacy of treatment of U.S. missions
abroad.
Section 205(a)(1) authorizes the Secretary
to require, in those cases in which he finds
It appropriate, that a foreign mission pro-
vide notice prior to any acquisition, alter-
ation, sale, or other disposition of any real
property (as defined in sec. 202(a)(5)). The
notice requirement could cover any benefi-
cial usage of property, regardless of the
means by which such right of usage is ac-
quired, or whether acquired by the mission
directly or by an employee or agent thereof,
or by a third party. The Secretary then has
60 days within which to disapprove the pro-
posed action and may establish conditions
which, if met, will remove the disapproval.
The Secretary may, in his discretion, short-
en the 60-day period.
This procedure predates any further ap-
provals which may be necessary from State
or municipal authorities regarding zoning
and related matters. The committee notes
that this review procedure will be useful to
State and municipal authorities as an addi-
tional indication of the acceptability of the
proposed action. In view of the significant
trary imposition of costs overseas, or to pro- - Federal interest involved, section 206 fur-
vide leverage in cases where exact reciproc- ,ther governs the process by which location
ity may not be available, or may be insuffi- approvals are made in the Nation's capital.
cient to induce appropriate treatment of Section 205(a)(2) defines acquisition for
U.S. interests abroad. The surcharge would purposes of the section to include--any
be paid directly to the Office of Foreign action relating to real property such as ac-
Missions, over and above any other costs or quisitions, alterations, additions, or changes
conditions set by any contractor or other in the urpose for which the property Is
party with whom the foreign mission Is in- used.
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Section 205(b) authorizes the Secretary to senting both the federal and city govern- sirable to enumerate the criteria specifical-
restrict a foreign mission from using, or re- ments, and set forth criteria which promote ly.
taining, real property interests which are a balancing of interests. Paragraphs (1) through (8) of subsection
not acquired in accordance with this section, Section 206(a) recognizes that the loca- (e) set forth the criteria applicable to chag-
or which exceed limitations placed on real tion, replacement or expansion of foreign ceries and chancery annexes which are in-
property available to the United States missions in the Nation's capital, and the tended to balance Federal and municipal in-
abroad. This subsection, together with sec- procedures involved in determining these terests. These criteria take into account the
tion 204, is designed to provide necessary matters, has a substantial impact on Feder- Federal interest, which involves internation-
discretion for the Secretary to adjust en- al interests both in the United States and al obligations of the United States and the
forcement provisions in order to take into abroad. International legal obligations re- accompanying security requirements in-
account the many differing legal and politi- quiring each country to facilitate the acqui- volved as well as concern for the Impact on
cal systems in other countries, as well as the sition of appropriate facilities for accredited local matters such as transportation, hous-
necessary flexibility to take into account foreign missions in the capital city of the ing, and environment.
treatment accorded U.S. missions and per. host country cannot be subject to negation Subsection (e)(1) sets forth the standard
sonnel on related bilateral issues. In many by the acts or omissions of local authorities. of "adequate and secure facilities" which re-
countries, for example, foreign governments Section 206(b)(1) creates the District of flects one of the fundamental purposes of
are not able to acquire title to property. The Columbia Foreign Missions Commission, Office of Foreign Missions and the in-
United States In such a case could obtain comprised of the five members of the Dis- the he Office obligations of the United States.
sufficient long-term lease rights for U.S. trict of Columbia Zoning Commission and Subsection (e)(2) reflects the need to con-
the facilities in exchange for permitting two additional members, who shall be the
the acquisition of property in the United chairperson of the National Capital Plan- tinue to locate such missions in existing
States. Alternatively, the Secretary could ring Commission and a representative of mixed-used areas, in which current uses al-
require a foreign mission to limit its proper- the Secretary of Defense, in order to reflect ready include institutions, commercial, or
ty interests in the United States to a specif- the concerns of the Congress that decisions governmental activities, and residential
is term-of years, or in some cases provide a affecting- important federal interests are uses. The obligation to provide security for
right of reversion to the United States of made through a process which appropriate- foreign missions dictates the need to locate
such property, in the event that U.S. prop- ly balances federal and municipal interests. these missions In proximity to each other
erty rights or interests In the sending state Section 206(b)(2) provides for appropriate and in areas of lesser density. The Commit-
were reduced or rendered less effective by compensation for the Chairman of the Na- tee notes that areas in which current uses
acts or omissions of that state. tional Capital Planning Commission during are entirely residential would not become
The committee wishes to stress in the the period that individual is performing his available for chancery use under this
strongest possible terms that, in its view, or her duties on the Commission. The other amendment, except for medium-high densi-
the United States should seriously consider members of the Commission are employees ty or high-density apartment zones.
a blanket prohibition on the ownership of either of the District of Columbia or federal Section 206(e)(3) assures the continued
real property in the United States by any governments and therefore receive no addi- application of historical preservation meas-
foreign mission whose country prohibits tional compensation. urea to facilities of foreign missions under
U.S. ownership of property. If the United Lection 206(b)(3) provides that personnel, regulations issued by the new Commission.
States has no choice but to pay the higher space and facilities will be provided by the Sections 206(b)(4) through (6) relate to
costs of long-term or short-term leaseholds District of Columbia Government, as the transit, parking, public facilities and serv-
overseas because it is prohibited from pur- Commission is a District of Columbia Gov. ices, and special security requirements. See-
chasing property, the committee believes ernment agency. 'tion 206(b)(4) also constitutes a recognition
that the same treatment should certainly be Section 206(c) requires establishment of that special security factors affect parking
reciprocated. Such a prohibition should areas within the District of Columbia in requirements, and that similar considei-
apply to property owned on the date of en- which chanceries may be located as a ations are taken into account in eonnection
actment of this foreign missions title, as matter of rights, as is the case with many with the location of United States facilities
well as to future acquisitions. uses -in current zoning practice. Security, abroad.
The enforcement provisions of this section representation and related factors necessi- Sections 206(b)(7) and (8) specifically pro-
which may be applied against the foreign tate that chancery uses be located in lesser vide for determinations of the general mu-
mission include the divesting of property or density areas and generally in proximity to nicipal and federal interests by the Mayor
forgoing use of the property. The inclusion each other where possible. Security and rep- of the District of Columbia and the Secre-
of specific enforcement provisions in this resentational functions also preclude in tary of State, respectively- Finally, the Com-
section, as compared with - the general au- most cases general usage of higher density mission is required to apply the criteria of
thority to impose conditions on foreign gov- structures, such as office buildings, except Federal and municipal interests, historical
ernments under section 204, is intended to for additional space needed from time to preservation, the need for adequate and
assure that State and local real property time to accommodate official activities secure facilities, and adequacy of protection
laws not be construed to accord procedural which cannot fit into the main chancery to other official property uses by foreign
or substantive rights which preclude imple- facilities. The Committee also notes that governments covered by this section.
areas devoted to higher density commercial
wentation of the foreign missions title. or residential uses are in most cases inap- Section 206(f) is intended to preserve the
Section 205(c) is designed to assure that existing relationship between the National
the Federal Government will be able to pro- propriate for low density chancery uses, and Capital Planning Commission and municipal
tect and preserve property of foreign gov- are well beyond the financial reach of 85, authorities with regard to land use.
ernments under circumstances when a pro- percent of the foreign nations accredited to Section 206(h) is intended to assure that
tecting power or other agent does not the United States, and from whom the unreasonable burdens are not placed on
assume responsibility. In addition, this sub- United States must seek appropriate space chancery applicants, and that such appli-
section authorizes the Secretary to dispose within their capitals. cants are not subjected to a process incon-
of such property after the expiration of a I. Section 206(c) also specifically precludes sistent with the conduct of official relations
year period from the date such foreign mis- discriminatory treatment of chanceries vis- between nations.
sion has ceased using the property for offs- a-vis other non-residential uses, by prohibit- Section 206(i) is intended to assure the es-
cial activities. The right of disposition is in- ing.limitations on chancery uses which are
greater than those placed on other non-resi- tabiishment of an expeditious decisionmak-
tended be exercised only in unusual cases dential uses. For example, existing regula- Ing process, which will preclude overlapping
where resumption of official activities is not tions in some cases preclude chancery uses, and time-consuming proceedings which can
likely to occur within a reasonable period of while at the same time permitting all other result under existing law and regulations. It
time, determines where, for that it other reasons, the re? office uses to locate as a matter of right also emphasizes the Congressional purpose
tary Interest t to o continue to not the r- without exception or limitation. m enacting this section to assure proper
s preserve such proper. Section 206(d) requires that rulemaking facilities for foreign governments consistent
ty. Considerations such as the status of U.S. procedures under the District of Columbia with international obligations.
property interests in the country involved Administrative Procedure Act will be appli- Section 206(j) places an obligation on the
might also enter into such determinations. cable to such determinations. Among other Secretary to promote compliance with rea-
SECTION 206--LOCATION OF FOREIGN MISSIONS things, this insures notice and opportunity sonable code requirements, taking into ac-
Section 206 will strike an effective balance to be heard for interested members of the count special security, communications and
between the interests of the federal govern- public. other factors involved in foreign govern-.
went and the District of Columbia govern-, Section 206(e) sets forth the criteria to be ment facilities in the United States, as well
ment in determining appropriate locations applied to determinations by the Foreign as with United States facilities abroad.
for foreign missions in the Nation's capital. Missions Commission. The Committee notes Section 206(k) is intended to clarify the
The section provides for the establishment that these criteria are in general usage right of the United States to intervene or
of the "District of Columbia Foreign Mis- today, but that in order to provide for effec- bring an action concerning the activities of
sions Commission," with members repre- tive implementation of this section, it is de- the new Commission, either on its own
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
behalf or on behalf of a foreign govern-
ment. -
Section 206(1) provides "grandfather"
rights with regard to existing chancery loca-
tions or uses. This subsection is necessary to
protect rights and uses which were acquired
prior to enactment of this section.
SECTION 207-PREEMPTION
basis. Examples include property and zoning
specialists, individuals to perform special-
ized liasion activities with State and local
authorities or public utilities, or to provide
travel or_ other services to implement con-
straints on foreign missions, and the like.
These services may be required on very
short notice (e.g., 24 hours) as the need
Section 207 declares the preemptive effect arises in reviewing activities of foreign gov-
of the exercise of Federal jurisdiction with ernment offices (such as consulates) which
regard to the conferring or denying of bene- are located in a number ? of cities in the
fits (including the location or use of real United States. Authority to respond rapidly
property) which are regulated by this title. is -therefore basic to effective implementa-
The exercise of Federal jurisdiction em- tion of this title and to the efficient oper-
bodied in section 206 and the other applica- ations of the Office of Foreign Missions.
ble provisions of this title preempts the ap-
plication of any other provision of law, to
the extent that such other law is inconsist-
ent. The committee wishes to emphasize,
however, that the requirements of section
205 do not preempt municipal zoning and
related requirements so long as those re-
quirements do not interfere with the exer-
cise of the Secretary's authority under that'
section.
The language of section 207 would also
have the effect of rendering unenforceable
any rules or regulations of any Federal
agency, to the extent that such rules or reg-
ulations would confer or deny benefits con-
trary to this title.
Section 208 contains general administra-
tive provisions to enable the Office of For-
eign Missions to operate as an adjunct of
the Department of State, not affected by
thb day-to-day operations of the Depart-
ment. It also provides protection for persons
against liability for actions taken in good
faith under this title. Protection is also ac-
corded assets of or under the control of the
Office of Foreign Missions.
Section 208(a) authorizes the Secretary to
issue regulations to implement the policy of
the title. These regulations will be control-
ling in determining the application of this
title.
Section 208(b) provides protection against
liability for persons acting in good faith to
implement the title. This is intended par-
ticularly as a protection to private compa-
nies and individuals who would, in the
normal course of doing business with for-
eign missions, be liable for breach of con-
tract or other violations of duly constitued
agreements. In all cases involving actions
under this title by the Office of Foreign
Missions, and good-faith compliance by any
persons involved, it is the committee's
intent that no liability should attach to
those persons. Any problem which may be
of concern to foreign missions in this con-
nection, as in all others involving a coun-
try's bilateral relations with the United
States, is to be directed to the Department
of State.
The committee notes that the term
"person" is intended to cover any juridical
person, including any corporation or organi-
zation, as well as individuals. "Direction" by
the Secretary is intended to include any of-
fical request for action or inaction.
This provision is derived from the Trading
with the Enemy Act and the International
Emergency Economic Powers Act and is to
be construed as broadly as the cortespond-
ing provisions of those acts.
Section 208(c) provides the necessary au-
thorities to hire personnel and acquire nec-
essary services in order to meet the atypical
needs of administering this title. The func-
tions and personnel requirements 'of the
Office of Foreign Missions may require a va-
riety of employee services beyond the posi-
tion descriptions generally available to the
Department of State, and which could be re-
quired on an intermittent or temporary
effectiveness of this new Office will depend
greatly on its structure and staffing pat-
terns. It is vital that the Office be struc-
tured to be directly responsive to problems
of U.S. missions abroad and domestic na-
tional security issues, and it should there-
fore be staffed to reflect these require-
ments. The committee expects that, to the
extent practicable, members of the Foreign
Service and individuals with related experi-
ence will be assigned to this Office. It is not,
however, the committee's intention to place
individual Foreign Service members in an
awkward or hazardous position with regard
to service in this Office and future assign-
ments overseas.
Section 208(c)(1) authorizes the use of
Federal employee services from other agen-
cies with or without reimbursement. It is ex-
pected that available resources in the Feder-
al Government will be used to the extent
possible to reduce operating costs and maxi-
mize benefits. The committee encourages
other Federal agencies to assist the Secre-
tary to the maximum extent possible, con-
sistent with the workload of the concerned
agency. In many cases, such a detail or as-
signment (e.g., a zoning specialist from the
Department of Housing and Urban Develop-
ment asked to assist the Office of Foreign
Missions with a matter in San Francisco)
could prove to be useful experience for the
employee, and therefore for the employee's
agency.
Section 208(c)(2) provides authority neces-
sary to acquire technical or professional
services which may not reasonably be ob- ?
tamable on a timely basis, or may not exist
at all, within the Federal Government. This
authority to obtain services is necessary due
to the unusual personnel needs of this
Office and the lack of adequate position de-
scriptions to cover such personnel. The com-
mittee notes that such positions are lacking
in the Federal Government because they
are generally not needed on a long-term
basis. The committee expects this authority
to be used sparingly for temporary or inter-
mittent services when they cannot other-
wise be obtained within the Federal Govern-
ment in a timely manner.
Section 208(d) provides authority for con-
tracts for supplies and services, including
personal services. This subsection contains
flexible contracting authority necessary to
meet the requirements of this title, which in
some cases may not be covered by standard
procedures for supplies and services for gen-
eral office purposes. Furthermore, these
needs cannot always be anticipated in time
to permit the operation of normal advertis-
ing and procurement processes. In addition,
security requirements may necessitate spe-
cial procurement procedures in some cases.
The committee notes that the procure-
ment laws generally applicable to govern-
ment agencies' are intended to cover the
needs of those agencies for supplies and
services at the taxpayers' expense. By con-
trast, the Office of Foreign Missions will, on
many occasions, procure supplies and serv-
ices for foreign missions which will be paid
H 7917
for by those missions. Unlike present prac-
tice, where the Secretary of State exercises
little or no control over procurement of sup-
plies and services for foreign missions, this
new procedure will permit such control. An
example of such a requirement would be the
need to find a local employment service
which a foreign mission would be required
to use to hire local employees. The authori-
ty of this subsection will be used sparingly
and will permit these unusual requirements
to be met in a timely manner.
Section 208(e) provides authority to the
Office of Foreign Missions to obtain proper-
ty or services from, or provide services or as-
sistance to, other Federal agencies. This is
intended to maximize interagency coopera-
tion and to increase the efficiency and effec-
tiveness of the Office of Foreign Missions.
Section 208(f) provides assurance that any
assets held by or under the control of ti'i'b
Office of Foreign Missions will be exempt
insofar as attachment, execution, and judi-
cial process are concerned. This is necessary
to assure that the functions of a foreign
mission may not be interrupted by judicial
process as a result of the Office's involve-
ment with the interests of a foreign mission
in the discharge of the Office's duties and
responsibilities under this title.
Section 208(g) parallels the provisions of
section 202(b) with respect to the authority
of the Secretary to make determinations.
This is necessary in order to avoid inconsist-
ent interpretations or policies. This provi-
sion would not affect regulatory functions
placed under this title in other agencies,
such as the NCPC.
Aside from the proceedings before the
Commission, which necessarily involve full
public participation, actions and determina-
tions under this title are in most cases polit-
ical in nature, involving considerations of
foreign policy and national security. There-
fore, this subsection also provides that,
except for the procedural requirements
under section 206(b) in connection with
hearings and other proceedings before the
National Capital Planning Commission, de-
terminations otherwise required under the
title shall be limited to a requirement to
adhere to appropriate administrative proc-
esses established by the Department, or by
other agencies or officials vested with such
responsibility.
Section 208(h) provides that, fiscal needs
of the Office of Foreign Missions and fund-
ing procedures for implementation of this
title will be managed by the Secretary of
State as part of the Department's working
capital fund, established by section 13 of
the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2684). This method of
funding and audit control under established
procedures of the working capital fund is
appropriate for activities for which procure-
ment and fiscal requirements cannot be an-
ticipated in advance or on a scheduled basis.
In addition, the committee believes that be-
cause the funds received from foreign mis-
sions will be used to provide benefits to for-
eign missions, the use of the working capital
fund offers a practical way for the Office of
Foreign Missions to be responsive to chang-
ing requirements. Therefore, this subsection
provides for the use of the fund in lieu of
otherwise applicable procedures concerning
receipts and expenditures by the Govern-
ment. The committee will continue to moni-
tor the operations of the working capital
fund, as it has done in the past.
SECTION 209-APPLICATION TO PUBLIC INTERNA-
TIONAL ORGANIZATIONS AND OFFICIAL MIS-
SIONS TO SUCH ORGANIZATIONS
Section 209 grants authority to the Secre-
tary to apply provisions of this title to inter-
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H 7918
national organizations or official missions
thereto, where it is deemed appropriate to
carry out the purposes of this title. This sec-
tion recognizes the special relationship of
the United States to the international orga-
nizations with headquarters in this country,
and the separate international agreements
applicable to that relationship.
Section 209(a) specifically authorizes the
Secretary of State to make any provision of
this title applicable to an international or-
ganization to the same extent that it applies
to a foreign mission. The Secretary's deter-
mination will be made after consultation
with the international organization.
The term "international organization" is
defined in section 209(b) as a public interna-
tional organization designated as such pur-
suant to the International Organizations
Immunities Act or other law. For the most
part such organizations are identified in Ex-
ecutive Order 9698, and subsequent Execu-
tive orders (22 U.S.C. 288 note). This defini-
tion also includes missions to international
organizations which, although they usually
represent individual sending states, are
dealt with primarily in the context of rela-
tions between the United States and the in-
ternational organizations. Because of the
special responsibilities assumed by the
United States as host to a number of inter-
national' organizations, the general applica-
tion of. this to such organizations would be
inappropriate. Nonetheless, the committee
expects that particular provisions of the
title will be applied to particular organiza-
tions if it is deemed necessary in order to
carry out the policy of this legislation. The
international obligations of the United
States to assist and regulate the operations
of international organizations are equally as
important as the obligations attaching to
missions of sending states accredited to the
United States.
_ SECTION 210-PRSVILEGES AND IMMUNITIES
This section declares that nothing in this
title, including the congressional declaration
of findings and policy in section '201, is in-
tended to amend or supersede international
obligations undertaken by the United States
or other obligations required by U.S. law in
connection with the conduct of activities by
foreign missions and international organiza-
tions. Constraints placed pursuant to this
title upon the conduct of foreign missions in
the United States are not to be incompatible
with permission granted by the Federal
Government to conduct diplomatic and re-
lated activities In the United States. It is ex-
pected that implementation-of this title will
encourage a proper balancing of treatment
of the foreign missions involved and will, in
fact, enhance the ability of the United
States to discharge its international treaty
and other legal obligations. Finally, the last
sentence of this subsection prevents a
waiver of immunity by implication, in a
manner consistent with the Foreign Immu-
nities Act of 1976 and the Vienna Conven-
tion on Diplomatic Relations.
SECTION 211-ENFORCEMENT
Section 211 applies to parties dealing with
foreign missions, and limits enforcement by
the Federal Government generally to equi-
table or other appropriate relief through
the Federal courts. This section also pro-
vides notice to third parties of the possible
invalidity or impairment of contract provi-
sions entered into in violation of this title.
In view of the large number of circum-
stances which could arise, it is necessary to
leave to applicable judicial remedies the res-
olution of questions with respect to the en-
forceability and effect of contracts or per-formance thereunder which the Secretary
finds are in violation of this title. The com-
mittee fully, expects the Secretary of State
CONGRESSIONAL-RECORD - HOUSE October 29, 1,981
to minimize the need for judicial remedy by
making it clear that foreign missions
-should, as a normal practice, consult with
the Office of Foreign Missions before
making commitments or taking steps which
may be reviewed by the Office. Since the
process of consultation by a foreign mission
with the Department is an integral aspect of
bilateral relations today, this places no real
burden on foreign missions. Instead, it will
afford greater protection to their oper-
ations, and should result in improvement of
their representational activities.
SECTION 212-SEVERAEILITY
Section 212 contains a standard severabil-
ity clause. Inclusion of this clause is appro-
priate in view of the new authorities grant-
ed the Government and the resulting possi-
bility of litigation. The foreign missions title
is remedial in nature and is intended to pro-
vide redress in areas in which the Secretary
of State finds that the Federal interest has
been adversely affected. Thus, if a particu-
lar provision of the title or its application in
a given case in held to be invalid, the re-
mainder of the title or the application of its
provisions will not be affected thereby. This
will provide greater flexibility for a review-
ing court to Interpret broadly the provisions
of the title in order to carry out its pur-
poses.
Section 119(c) of the bill amends section
13 of the State Department Basic Authori-
ties Act of 1956 to include the relevant func-
tions in the foreign missions title as part of
the State Department's working capital
fund authorities.
The committee notes the receipt of favor-
able comments by the Department of State
on the foreign missions title. The letter
from Hon. Richard Fairbanks, Assistant
Secretary of State.
DEPARTMENT OF STATE,
Washington, D.C., May 12, 1981.
Hon. CLEMENT J. ZABLOCKI,
Chairman, Committee on Foreign Affairs,
House of Representatives.
,DEAR MR. CHAIRMAN: In response to your
request, I am transmitting the comments of
the Department of State on a proposed
amendment to the fiscal year 1982 Foreign
Relations Authorization Bill concerning the
regulation of foreign missions.
The Department strongly supports ' this
legislative proposal. The amendment would
authorize the Secretary of State to regulate
activities of foreign missions in the United
States on the basis of an assessment of
treatment received by United States mis-
sions abroad, as well as a review of national
security issues. This will assist our country
to redress the current imbalance that some-
times exists between treatment of United
States missions abroad and foreign govern-
ment activities here. This authority to regu-
late the conduct of foreign missions and
their personnel in the United States is clear-
ly within the Federal jurisdiction, and will
contribute to the effective conduct of for-
eign relations..
Moreover, in a time of declining Federal
budgetary resources, arbitrary or unreason-
able increases in costs of operating United
States missions abroad, imposed or permit-
ted by foreign governments, increasingly
limit the ability of our missions to perform
their functions. In such cases, the ability to
place restraints on foreign missions here in
the United States may enable our govern-
ment to deal more effectively with such
problems.
In addition, the ability of the United
States to meet its important obligation to
assist foreign missions to obtain adequate
and secure locations in the United States, as
well as the need to obtain comparable treat-
ment abroad, would be enhanced by the pro-
posed legislation. An important link in this
process is to strengthen the Federal role in
determining acceptable locations for foreign
missions within our country, and most im-
portantly in the Nation's Capital. We be-
lieve this legislation carefully balances the
need to accommodate the Federal interest
with a process that weighs the municipal
concerns as well.
Furthermore, interests of other federal
agencies involved in ensuring the foreign
mission activities in the United States
remain within appropriate limits will also be
.enhanced by this proposed legislation.
The Department proposes several changes
to the draft bill. These changes are not in-
tended to alter the basic thrust of the legis-
lation, but would enhance its implementa-
tion or provide clarification of the authori-
ties therein. '
First, we suggest that the term "independ-
ent" be eliminated from the first sentence
of Section 203(a). That subsection with
other sections of the bill, sets forth the au-
thority to establish the Office of Foreign
Missions and specifies the functions of the
office. The term "independent" does not
grant additional authority or limit the ap-
plication of any other provisions of this pro-
posed legislation, and is therefore unneces-
sary.
We believe Section 208(c)(1) should be
modified by eliminating the clause "under
contracts which may be renewed annually",
and subsection (c)(2) eliminated in its en-
tirety. These authorities are unnecessary,
because the Secretary of State obtain neces-
sary personal services under remaining Sec-
tions of the bill either through assignment
or detail of federal employees, or by the em-
ployment of experts and consultants under
the remaining portions of subsection (011)
and (3).'
Finally, Section 208(h)(2) should be modi-
fied to eliminate the clause "Notwithstand-
ing any other provisions of law". The re-
mainder of that section provides specific
statutory authority with regard to the dis-
position of revenues obtained under the bill.
The "notwithstanding" clause is therefore
unnecessary, and could raise difficult ques-
tions as to the effect on other laws concern-
ing audit and fiscal control which are not in-
tended to be affected by this provision.
In addition, we note that there are minor
variations between this draft legislation and
S. 854. a comparable bill introduced in the
Senate. In particular, sections 204 (b) and (c)
of the Senate bill have been combined in the
House bill in order to make the criteria set
forth in subsection (b) applicable in like
manner to the authority granted the Secre-
tary in subsection (c). We believe the text of
the House bill will clarify and make con-
sistent the criteria under which the au-
thority granted the Secretary under Section
204 can be exercised.
The Office of Management and Budget
has advised that from the standpoint of the
Administration's program, there is no objec-
tion to the submission of this report.
Sincerely,
RICHARD FAIRBANKS,
Assistant Secretary
for Congressional Relations.
Section 120(d) contains amendments clati-
fying certain provisions of the Diplomatic
' The subsections referred to in this paragraph
have been revised subsequent to the committee's re-
ceipt of this letter. Former subsec. .208(c)(1) has
been eliminated, 208(c)(3) revised, and 208(c)(3) re-
numbered as 208(c)(1).
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CONGRESSIONAL. RECORD - HOUSE H 7919
Relations Act, which was reported by the
Committee on Foreign Affairs and enacted
,by the Congress in 1978.
Section 120(d)(1) amends the definition of
"members of a mission" in section 2(1)(A) of
the Diplomatic Relations Act to add explicit
reference to members who, although not
"diplomatic staff" (as that term is used in
the Vienna Convention on Diplomatic Rela-
tions), have been granted equivalent status
pursuant, to law. This will avoid any ques-
tions about the rights and corresponding ob-
ligations under the act of the senior staff of
nondiplomatic missions who, under special
legislation, are accorded the same privileges
and immunities as the senior staff of a dip-
lomatic mission.
Section 120(d)(2) adds explicit reference
to the mission itself in section 3(b) of the
Diplomatic Relations Act which specifies
that the Vienna Convention on Diplomatic
Relations shall be the governing standard in
the United States with respect to privileges
and immunities for nonparties to the
Vienna Convention. As presently worded,
section 3(b) does not specifically refer to
privileges and immunities such as inviolabil-
ity of premises, which apply to the mission
rather than to any individual member
thereof.
Section 120(d)(3)(A) similarly adds an ex-
plicit reference to the mission itself in sec-
tion 4 of the Diplomatic Relations Act,
which authorizes more favorable or less fa-
vorable treatment in the United States on
the basis of reciprocity. Like section 3(b),
discussed above, section 4 of the Diplomatic
Relations Act presently refers only to indi-
viduals, giving rise to the same questions of
interpretation. These amendments to sec-
tion 3(b) and 4 of the act are in accord with
the State Department's interpretation of
the present law and are merely designed to
correct an earlier drafting oversight.
Section 120(d)(3)(B) also amends section 4
of the Diplomatic Relations Act to delete
the reference to "any sending state." This
will assure that section 4 applies to missions
or entities other than "sending states," such
as that of the Commission of the European
Communities, which are also intended to be
covered by the Diplomatic Relations Act.
Section 120(d)(4) amends title 28 of the
U.S. Code, by making applicable thereto the
definition of "mission" contained in the
Diplomatic Relations Act, rather than the
definition contained in the Vienna Conven-
tion on Diplomatic Relations. This broaden-
ing of the definition will eliminate the pres-
ent unintended disparity between the "mis-
sions" which are obliged to maintain liabili-
ty insurance under section 6 of the Diplo-
matic Relations Act and the "missions"
whose insurers may be named as defendants
in direct actions by accident victims.
Section 120(e) contains conforming
amendments to sections 6 and 16 of the act
of June 20, 1938 (Public Law 684, 75th
Cong., 62 Stat. 797), in order to carry out
the purposes of section 206 of the foreign
missions title (sec. 119(b) above). That sec-
tion vests authority in the National Capital
Planning Commission over the location of
foreign missions, under provisions similar to
those applicable to the location of Federal
buildings. under section 16 of the 1938 act.
SECTION 121: REOPENING OF CERTAIN U.S.
CONSULATES
This section defers the use of State De-
partment funds for the establishment or op-
erations of any new U.S. consulates overseas
until certain specified consulates (Turin,
Italy; Salzburg, Austria; Goteborg, Sweden;
Bremen, Germany; Nice, France; Mandlay,
Burma; and Brisbane, Australia) are re-
opened. The provision would not affect on-
going construction or maintenance and se-
curity measures with regard to U.S. diplo-
matic facilities abroad. It would, however,
delay the opening of new consulates for the
People's Republic of China and Brunei.
SECTION 122: UNITED NATIONS EDUCATIONAL,
SCIENTIFIC AND CULTURAL ORGANIZATIONS
This section expresses the sense of the
House and its concerns over proposed activi-
ties of UNESCO which threaten the free
press and the free flow of information with-
out denouncing UNESCO's entire program
or jeopardizing the continued funding of
beneficial programs.
TITLE II-INTERNATIONAL
COMMUNICATION AGENCY
SECTION 201: SHORT TITLE
This section provides a short title for the
International Communication Agency provi-
sions.
SECTION 202: AUTHORIZATIONS OF
APPROPRIATIONS
This section provides authorization of
$494,034,000 for fiscal year 1982 and
$482,340,000 for fiscal year 1983 to carry out
the functions and responsibilities of the In-
ternational Communication Agency.
SECTION 203: CHANGES IN ADMINISTRATIVE
AUTHORITIES
This section amends the U.S. Information
and Education Act of 1948 to provide for
certain changes in ICA administrative au-
thorities.
Section 203(a) would enable the Director
of the Agency to authorize the assignment
of non-citizen as well as citizen employees of
the U.S. to a foreign government at the re-
quest of that government.
Section 203(b) would authorize the
Agency to enter into contracts for property
and services on a multi-year basis for a
period not to exceed five years when econo-
mies may be realized through long-term
contracting. The section restricts the terms
of any such contract to a maximum of five
years and requires cancellation if Congress
does not appropriate funds for the contract
in subsequent years, with a cancellation
payment to reimburse a contractor for the
unrecouped portion of items such as startup
costs that originally were to be prorated
over the contract period. It is expected that
this authority will result in significant cost
savings to the Agency.
Section 203(c) would allow the Agency to
acquire security vehicles or equipment
which would help alleviate or meet terrorist
threats against USICA employees and prop-
erty overseas. This authority brings ICA's in
line with authority previously granted to
the Department of State.
Section 203(d) would grant ICA the au-
thority to purchase a special "errors and
omissions" insurance policy to meet any po-
tential liability. Insurance rates are typical-
ly low for coverage relating to rights in cre-
ative or intellectual property. Current feder-
al practice prohibits the Agency from sign-
ing standard indemnification agreements
which most -film studios and music compa-
nies require when granting ICA the use of
film clips or recorded music, because of the
uncertain and unfunded potential liability.
Such agreements would protect the large
studios from claims on further royalties re-
sulting from ICA's use of the film.
Section 203(e) provides authority to the
Associate Director's principal assistant to
continue the duties of the Associate Direc-
tor should he or she die, resign, become sick
or absent, until a successor is appointed or
until the Associate Director resumes the
duties of the office.
Normally, the principal assistant does
assume these duties on an acting basis in
such circumstances. However, the Comptrol-
ler General has questioned the validity of
actions taken by officials who occupy posi-
tions normally filled by Presidential nomi-
nation, unless legal authority is provided.
This section would alleviate doubts sur-
rounding the acting Associate Director's au-
thority.
Section 203(f) would exempt USICA from
pay federal workmen's compensation insur-
ance for employees working on ICA's exhib-
its and performing arts exchanges.
As a result of a recent court decision, the
law providing compensation for disability or
death to employees at military bases outside
the U.S. is applied to U.S. Government
grants and service contracts-even when the
contract is not related to the national de-
fense. Therefore, performing arts groups on
ICA-sponsored tours overseas must be in-
sured under the more expensive Longshore-
men's and Harbor Worker's Compensation
Act, rather than using state or local work-
er's programs for which they already have
coverage:
By exempting exchanges and internation-
al fairs or expositions from the label of
"public works", they fall outside the pur-
view of the Defense Base Act and the com-
pensation program mandated by that Act.
Section 203(g) will allow funds to be ap-
propriated to ICA (currently $33 million) in
order to liquidate notes held by ICA as a
result of the Informational Media Guaranty
program. This will involve no budget out-
lays.
SECTION 204: DISTRIBUTION WITHIN THE
UNITED STATES OF THE FILM ENTITLED "RE-
FLECTIONS: SAMUEL ELLIOTT MORISON"
This section would allow for the dissemi-
nation within the United States of this ICA
film, provided that ICA is reimbursed for
any expenses involved.
SECTION 205: DISTRIBUTION WITHIN THE
UNITED STATES OF THE FILM ENTITLED, "AND
NOW, MIGUEL"
This section provides for the release in
the United States of an ICA film entitled
"And Now Miguel".
SECTION 206: REDESIGNATION OF THE INTERNA-
TIONAL COMMUNICATION AGENCY AS THE U.S.
INFORMATION AGENCY
This section changes the name of the
United States International Communication
Agency to the United States Information
Agency.
TITLE III-BOARD FOR
INTERNATIONAL BROADCASTING
SECTION 301: SHORT TITLE
This section provides a short title for the
Board for International Broadcasting provi-
sions.
SECTION 302: AUTHORIZATIONS OF
APPROPRIATIONS
This section provides an authorization of
$100,300,000 for fiscal year 1981, $86,519,000
for fiscal year 1982 and $98,317,000 for fiscal
year 1983 for the operations of the Board
for International Broadcasting. The supple-
mental request for fiscal year 1981 is actual-
ly only $600,000 in authorization due to the
provisions of the continuing resolution for
fiscal year 1981 which provided the remain-
ing authorization.
TITLE IV-MISCELLANEOUS
PROVISIONS
SECTION 401: INTER-AMERICAN FOUNDATION
This section provides $10,560,000 in au-
thorization for. fiscal year 1982 arid
$12,800,000 for fiscal year 1983 for the oper-
ation of the Inter-American Foundation.
Subsection (b) provides, for the Board of
the Foundation, the same authority pos-
sessed by other agencies to set travel ex-
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penses, including per diem, in accordance Fiscal Years 1980 and 1981, and other acts
with civil service practice. The current re- which govern the activity of the Depart-
striction on the Board of the Inter-Ameri- ment of State.
can Foundation is $50 per day, which is un- TITLE II-INTERNATIONAL COMMUNICATION
realistic. - w AGENCY
SECTION 402: SCIENTIFIC EXCHANGE ACTIVITIES
WITH THE SOVIET UNION
This requires a report from the Adminis-
tration, before it resumes the traditional sci-
entific conference exchanges and other sci-
entific activities (suspended after the inva-
sion of Afghanistan), analyzing the national
security risks which might be involved in
the resumption of these exchanges. Second-
ly,'this provision seeks to assure the mutual-
ity of any exchange between the United
Section 202 authorizes the appropriation
of $494,034 thousand in fiscal year 1982 and
$482,340 thousand in fiscal year 1983 for the
International Communication Agency.
Section 203 (f) provides for the liquidation
of the Informational Media Guaranty Fund.
Other sections of Title II further amend
the U.S. Information and Educational Ex-
change Act of 1948 and other acts which
govern the activity of the :International
Communication Agency.
I States and the Soviet Union. TITLE III-BOARD FOR INTERNATIONAL'
SECTION 403: REPORT TO CONGRESS ON REFUGE BROADCASTING
V COSTS
This section requires that the President
prepare and transmit to Congress within 60
days a report which would evaluate the
costs to federal, state, and local govern-
ments involved In the efforts to assist refu-
gees, and Cuban/Haitian entrants within
the United States and abroad.
SECTION 404: CODE ON INFANT FORMULA
This section expresses the sense of the
House in support of the implementation of
the World Health Organization Voluntary
Code on Infant Formula.
1. Bill Number: H.R. 4814.
2. Bill Title: To authorize appropriations
for fiscal years 1982 and 1983 for the De-
partment of State, the International Com-
munication Agency, and the Board for In-
ternational Broadcasting, and for other pur-
poses.
3. Bill Status: As Introduced by Congress-
man Fascell on October 22, 1981.
4. Bill purpose:
TITLE I-DEPARTMENT OF STATE
Section 102 authorizes the appropriation
of:
(1) $1,245,637 thousand in fiscal year 1982
and $1,248,059 thousand in fiscal year 1983
for Administration of Foreign Affairs;
12) $503,462 thousand in fiscal year 1982
and $514,436 thousand in fiscal year 1983
for International Organizations and Confer-
ences;
(3) $19,808 thousand in fiscal year 1982
and $22,432 thousand for fiscal year 1983
for International Commissions, and
(4) $504,100 thousand in fiscal year 1982
and $460,000 thousand for fiscal year 1983
for Migration and Refuge Assistance.
Section 107 authorizes the annual appro-
priation of $3,700 thousand for each fiscal
year 1982 and 1983 for Bilateral Science and
Technology Agreements.
Section 108 authorizes the appropriation
of such sums as may be necessary to offset
adverse- fluctuations in foreign currency ex-
change rates.
Section 109 changes the fees associated
with the issuance of a passport from $10 to
a level determined by the Secretary of
State. The section also extends the period
for which a passport is valid from five to ten
years.
Sections 111-114 amend legislation which
permanently authorizes the appropriation
of funds to various international organiza-
tions.
Section 120 establishes an Office of For-
eign Missions as an independent office
within the Department of State and details
the operations of the office. The section
further authorizes the Secretary of State to
transfer such amount, available to the De-
partment of State, as may be necessary for
operation of the office to the working capi-
tal fund.
Other sections of Title I further amend
the Department of State Authorization Act,
Section 302 authorizes the appropriation
of $86,519 thousand for fiscal year 1982, and
of $98,317 thousand for fiscal year 1983.
TITLE IV-MISCELLANEOUS PROVISIONS
121 establishes a new Office of Foreign Mis-
sions, within the Department of State, the
Section does not authorize the approprt
ation of funds for the office. The office will
operate on less than $1 million in funds
transferred from other accounts in the de-
partment of State. Outlays for the title
were estimated by applying historical dis-
bursement rates.
Amounts explicitly authorized to the In-
ternational Communication Agency in Title
II are estimated to outlay in historical pat-
terns. Section 203 terminates outstanding fi-
nancial liabilities associated with activity of
the Informational Media Guarantee Fund
prior to fiscal year 1967. This section liqui-
dates $12,767 thousand in principal and
$11,950 thousand in interest but has no net
budget impact. Amounts explicitly author-
ized to the Board for International Broad-
casting in Title III and to the Inter-Ameri-
can Foundation in Title IV are estimated to
outlay at historical rates.
Section 401 authorizes the appropriation 7. Estimate comparison: None
of $10,560 thousand In fiscal year 1982 and 8. Previous CBO estimate: On May 12,
of $12,800 thousand in fiscal year 1983 for 1981, CBO prepared a cost estimate for a
the Inter-American Foundation. 'Senate unnumbered bill, to authorize appor-
5. Cost estimate: priations for fiscal years 1982 and 1983 for
[By fiscal year, in millions of dollars]
the Department of State, the International
Communication Agency, and the Board for
International Broadcasting, and for other
purposes. CBO prepared a cost estimate for
Title I-Department of State
Budget function 150:
Authorization .......................... 2,256.9
Estimated outlays ................... 1,685.1
Offsetting receipts:
Authorization .......................... -73.2
Estimated outlays ................... -73.2
Budget function 300:
Authorization .......................... 19.8
Estimated outlays ................... 18.7
Budget function 600:2 -
Authorization .......................... 73.2
Additional revenues ..................... -35.3
Idle 11-International
Communication Agency
Budget function 150:
Authorization .......................... 494.0
Estimated outlays ................... 349.4
Title III-Board for International
Broadcasting
2164.1 506.9 112.1 10.0
-83.2 ................................
-83.2 ................................
22.4 ................................
22.1 1.4 (1) ..........
83.2 ........... .............. :......
-47.0 -47.0 -47.0 -47.0
482.3 ................................
476.7 114.2 36.1 ..........
Budget function 150:
Authorization ......................... 86.5 98.3 ................................
Estimated outlays ................... 83.9 95.4 ................................
Title IV-Miscellaneous
provisions -
Budget function 150:
Authorization .......................... 10.6 12.8 ................................
Estimated outlays ................... 6.2 9.7 4.2 2.4 .8
Total:
Authorization .................. 2,867.8
Estimated outlays............ 2,143.3
Additional revenues......... -35.3
2,842.! (1) (11 (11
2,768.0 626.7 150.1 10.
-47.0 - 47.0 -47.0 -47.0
1 Less than $500,000.
2 The $73,200,000 and $83,200,000 and authorizations for fiscal years
1982 and 1983, respectively, represent part of the Federal contribution to the
Foreign Service Retirement and Disability Fund. Payments from the fund are
independently determined and are not directly related to specific contributions.
6. Basis for estimate: This estimate as-
sumes the enactment of this legislation by
November 30, 1981, and the provision of the
full amount authorized in subsequent ap-
propriation acts.
Section 109 of Title I permits the Secre-
tary of State to set fees on passports, which
are credited to miscellaneous receipts of the
Treasury. This estimate assumes the Secre-
tary will increase fees from the current level
of $10 to $25, increasing revenues by $35.3
million In Fiscal Year 1982 and $47 million-
in each fiscal year 1983-1986. In addition to
amounts explicitly authorized in the title,
Sections 111-114 increased permanent. au-
thorization levels by approximately $100
thousand in each fiscal year 1982-86. Be-
cause the Committee authorized specific
amounts for these accounts in fiscal years
1982 and 1983, the authorized level is not af-
fected in these two years. Although Section
Foreign Affairs Committee on May 15, 1981
and as reported by the House Committee on
District of Columbia on June 19, 1981.
9. Estimate prepared by: Joe Whitehill (6=
2840), Willie Bradford (6-2686). -
10. Estimate approved by: James L. Blum,
Assistant Director for Budget Analysis.
U.S. INTERNATIONAL COMMUNICATION
AGENCY: DETAILED IMPACT OF 12 PERCENT
ACROSS-THE-BOARD FISCAL YEAR 1982 CUT
The recently transmitted budget amend-
ment reduced USICA's fiscal year 1982 esti-
mates by $67.4 million as follows:
Fiscal House l )81 appropd, Amendment Amended
estimate anon bul
Salaries and expenses........... $453,286 $448,286 $-54,394 $398,892
Salaries and expensed........ 10,352 9,800 -1,242 9,110
East-West Center ................. 16,880 16,500 -2,026 14,854
Radio construction ............... 80,884 25,000 -9,706 71,178
1 Special foreign currency.
The International Communication
Agency, the U.S. Government's most vital
weapon in the arsenal of ideas, plays a stra-
tegic role in America's security. This
"weapon of Ideas" must be used effectively
so that the alternative, military weapons,
are not put to use. In this context, following
a USICA presentation to the President and
the NSC on August 17, 1981, the President
directed the Agency to proceed immediately
with "Project Truth," a program to counter
the extensive propaganda and disinforma-
tion campaign of the Soviet Union. Notwith-
standing this and other important Agency
national security responsibilites, the present
budget emergency requires the Agency to.
reduce its activities in fiscal year 1982.
Over the last 15 years, USICA's funds
have decreased by 30 percent in constant.
dollars. Even more damaging has been the-
decline in staff, our most critical resource,
which has dropped by 35 percent from
11,604 to an authorized level of 7,513, over
the same period. In the long term we do not
believe that the Agency can, at the current-
ly planned 1982 level, effectively carry out
its enhanced national security role. Thus, in
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this present budget situation we have priori-
tized Agency programs to preserve to the
maximum extent possible our staff re-
sources and our basic_program mechanisms,
particularly the Voice of America, our field
presence overseas, the Wireless File, and
other support for the field. In the brief
period of time available. to consider resource
,alternatives, we have applied the reductions
so that the Agency's basic structure is not
permanently affected.
Therefore, as an emergency measure, we
have allocated a major share of the reduc-
tion to the exchange program on the as-
sumption that a significant part of this very
valuable grant program can be deferred for
a year or two and be rebuilt more readily
than our more staff intensive programs. We
regret the circumstances that necessitate
this action, but feel it is preferable to a gen-
eralized cut back of many already weakened
programs.
Even with this approach other programs
are also affected adversely. We have applied
reductions to field operations, principally to
cut back on library operations and some
smaller posts so that fixed costs can be re-
duced. Other reductions have been applied
to planned technology improvements and
transmission back-qp systems and program
support activities of the Voice of America. A
substantial cut has been made in film and
television programs, exhibits, and perform-
ing arts presentations.
Unfortunately, our accumulated reduc-
tion, which will now take USICA below $500
milllion, have been in inverse relationship to
the resources that the Soviets have been
spending on the weapons of ideas, now in
excess of $2 billion per year. The pending
amendment cuts heavily. into our operating
resources at a time when USICA's role has
become more compelling.
Prior to the transmission of the Septem-
ber budget amendments, the House has
passed the fiscal year 1982 appropriations
bill, reducing USICA's request by $61.8 mil-
lion. As noted on the chart on page one, the
House applied most of the cut, $55.9 million,
to the Radio Construction account inas-
much as those funds will not be required
until fiscal year. 1983.
The specific program cuts and their
impact by program element follow:
Salaries and Expense (including Special
Foreign Currency) ($-55.6 million; -87 po-
sitions).
1. OVERSEAS MISSIONS ($-3.4 MILLION; -73
POSITIONS)
A total reduction of $3,384,000 and 73 po-
sitions will be applied to our overseas mis-
sions as follows:
East Asia and Paciltc ......... ............. -............
4
$325,000
Africa.......-............ ...__.............-.................
19
I,011,000
North Africa. Near East and South Asia .... _..........
15
1,080,000
Arrt.'ccan Republics...-..-..................... ._.....w...
18
605,000
Europe .......... ..._............ ............. _ ............ .
17 .
357,000
As a result of these cuts, we will close: (1)
four country programs in Iraq, Mauritania,
Benin, and Rwanda; (2) six branch posts in
Chile, Ecuador, Venezuela, Colombia, and
Brazil; and (3) the reading room In Auck-
land, New Zealand, the American center and
library in Stockholm, Sweden, and six mini-
mum distribution outlets in Africa. In total,
73 positions will be eliminated. Taken to-
gether, these and other program reductions
in our overseas missions will further weaken
our efforts to reach the successor genera-
tion and will curtail our operations in devel-
oping nations of the third world, a group
that the Administration is very concerned
about.
2. VOICE OF AMERICA ($-1.8 MILLION).
The Voice of America's staff and program
broadcast schedule will be maintained
intact. However, VOA will be required to
eliminate its high-frequency signal trans-
missions which presently back up the satel-
lite circuits that feed programming to
VOA's overseas transmitters. Subsequently,
should a disruption in the satellite circuit
occur, VOA literally would be off the air to
major geographic regions of the world until
the satellite circuits could be restored or
until VOA could reactivate the high-fre-
quency transmissions from one of its U.S.-
based stations. Such disruptions could be
critical to U.S. national interests in times of
any international crisis or major world
event. In addition, VOA will have to make
major resource cuts in its central news and
feature operations which service all of
VOA's English and foreign-language broad-
cast operations. Program quality will suffer.
3. EXCHANGES ($-44.4 MILLION)
As indicated above, the major portion of
the fiscal year 1982 cut will be applied to
grant-funded exchange programs in order to
preserve essential Agency core-program op-
erations. Specifically, the academic program
will be cut by 53 percent ($25,600,000); the
International Visitor program, by 58 per-
cent ($11,500,000); and Private Sector pro-
grams, by 70 percent ($5,400,000). Library
and book programs, support to American
schools overseas, and program direction will
also be reduced by $1,900,000.
The full impact of cuts of this magnitude,
applied to institutions and individuals after
the fiscal year has begun, is not possible to
gauge at this time. The private organiza-
tions that perform the detailed exchange
work for the Agency would be severely dam-
aged. Some, in all probability, would not
survive.
(a) Academic programs: A 53 percent cut
in funds available for the Fulbright aca-
demic program will eliminate support for all
but programs administered by Binational
Commissions and programs with those
countries, primarily in East Europe, with
which the United States has bilateral agree-
ments. Even binational commission pro-
grams will face reductions of some magni-
tude. We will retain active programs in only
59 of the 120 countries in which we now op-
erate.
This cut will increase tremendously the
ever-widening disparity between the number
of academic scholarships awarded by the
Soviet Union and the United States Govern-
ments, particularly in Third World coun-
tries. As a direct result of these cuts, the
be reduced by at least 40 percent. In addi-
tion, host country contributions to the pro-
gram, currently at $9 million, are expected
to fall off sharply in response to the dimin-
ished American commitment, leading to a
further significant decrease in the number
of scholars exchanged. Important diplomat-
ic relationships and goodwill built up over
three decades will be damaged. This reduc-
tion in funds will eliminate the Internation-
al Student Exchange (Georgetown) Project
and the Hilmphrey Fellowship Program.
Programs in 27 private organizations with
many long term relationships will be dis-
solved. Funding for six major program agen-
cies will be eliminated. This could cause as
many as five of these agencies to close, with
major impact on parent organizations such
as the American Council on Education and
the Institute of International Education. All
Student Support Services to the more than
300,000 foreign students in the United
States without U.S. Government financial
support (such as counseling, orientation,
and other programs to enrich their U.S. ex-
H 7921
perience) will be terminated. The American
Studies Program will be reduced to minimal
materials support to Fulbright Commis-
sions. Assistance to overseas schools will be
drastically reduced with severe impact on
the effectiveness of these schools as show-
cases of American educational philosophy
and practice.
(b) International visitor program: The
number of funded International Visitor pro-
gram grantees will be halved from 1,500 to
750. In past decades, this program has been
instrumental in introducing 33 current
heads of state and government and many
leaders in other fields to the United States
in the formative stages of their careers. Pro-
grams in some 75 countries will be eliminat-
ed entirely and reduced substantially in the
remaining 45. This will necessitate the
elimination of support to 13 private agencies
that arrange programs for individual grant-
ees. We believe that three of these agencies
will probably be forced to close.
Program support to the 1,600 visitors who
travelled to the United States last year on
non-U.S. Government funds will be elimi-
nated entirely,
A network of some 750,000 volunteer, pri-
vate sector, locally financed "citizen diplo-
mats" in every part of the nation and nearly
100 U.S. communities has developed over
three decades to assist the people who come
under the auspices of our International Visi-
tor program. Their programming and hospi-
tality assistance make this a combined citi-
zen-government effort, a contribution-in-
kind that has been estimated at $15.5 mil-
lion per annum. Without our catalytic role
for these organizations and with the curtail-
ment of visitor inflow, these volunteer orga-
nizations will begin to dissolve and will not
be available again for future IV program-
ming. -
(c) Private sector program The Private
Sector Program's commitments under exist-
ing bilateral agreements and executive
orders to such organizations as the National
Committee on US. -China Relations, Asia
Society, and the Council on Scholarly Com-
munication with the PRC, will be reduced
to 50 percent of the current level with sig-
nificant implications on the ability of these
organizations to achieve their objectives.
Core private sector programs, such as Oper-
ations Crossroads Africa, American Council
of Young Political Leaders, and Council on
International Programs who play a signifi-
cant role in promoting citizen-to-citizen ex-
changes, will be reduced from half to two-
thirds with support for some of the organl-
zatiolys being completely terminated. Over-
all, people-to-people exchanges will be re-
duced from 2,000 to less than 600. The
Agency has made a general nation-wide so-
licitation of private non-profit organizations
to participate in new projects and exchange
initiatives which support U.S. foreign policy
goals and objectives. All funds for these ini-
tiatives will be eliminated. USICA Private
Sector grants provide "seed money" for
these organizations to obtain private sup-
port, estimated by these organizations at a 5
to 10 fold effect.
4. PROGRAM AND MANAGEMENT SUPPORT ($-3.4
MILLION, -14 POSITIONS)
Exhibits, fine and performing arts, films
acquired to support our posts, and TV pro-
grams, reduced heavily in March, will be cut
back again. Our in-house audio-visual pro-
duction now is limited to videotape products
covering current events and subjects rele-
vant to the support of worldwide U.S. for-
eign policy interests and goals, with empha-
sis on the following USICA global themes:
U.S. Political and security policies, the U.S.
economy and the world economic system,
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solving the energy problem, America in a
changing world, and the arts, humanities,
and sciences in America. The added cuts will
significantly curtail this effort and will to-
tally eliminate those dealing with American
political and social values, and products in
support of USICA's cultural presentation
program. Other cuts will eliminate fine arts
exhibitions or performing arts tours in 30
countries and delay the showing of a major
exhibition on the American Theatre.
In addition, efforts to update the Agency's
technological base with text-editing, mini-
computers, word processors and other ad-
vanced computer and communication tech-
nology will be curtailed or deferred.
These cuts will deprive both our Washing-
ton operations and field posts of valuable
program and management support and
make their tasks more difficult.
In addition to the specific program cuts
outlined above, we will apply net built-in
savings of $2.6 million to the overall $55.6
million Salaries and Expenses cut. These
savings derive from international exchange
rate gains, partially offset by added infla-
tionary costs and other mandatory require-
ments for Agency activities.
East-West Center ($-2.0 million)
Support to the East-West Center in
Hawaii will be cut by over $2.0 million. This
would force substantial retrenchment
within this valuable center of multi-national
education, study and research. Specifically,
the cut will result in substantial decreases
in research efforts, dissemination efforts
through the Asian/Pacific region, numbers
of participants involved in our programs
(cut 300 participants) and in financial con-
tributions from the governments of Asia
and Pacific Islands. More broadly, the re-
duction will weaken our effort to strengthen
relations and understanding with the influ-
ential people of Asia and Pacific at the time
when it is to the national interest to build
and strengthen these cooperative relation-
ships with the United States.
Radio Construction ($-9.7 million)
The fiscal year 1982 construction require-
ments for the Botswana and Sri Lanka facil-
ities, for which equipmdnt valued at $5.7
million has been procured, can be accommo-
dated within the amendment -cut of $9.7 mil-
lion since these funds will not be required
until fiscal year 1983.
Mr. WOLPE. Mr. Speaker,. will the
gentleman yield?
Mr. FASCELL. I yield to my distin-
guished colleague, the gentleman from
Michigan (Mr. WOLPE), chairman of
the Subcommittee on Africa.
(Mr. WOLPE asked and was given
permission to revise and extend his re-
marks. )
Mr. WOLPE. I thank the gentleman
for yielding.
Mr. Speaker, I welcome the assur-
ances that the gentleman from Florida
has given with respect to the inten-
tions of the full committee as we move
this legislation through the confer-
ence committee process and the rele-
vant appropriations committee.
With the gentleman's permission,
though, I think it is important to lay
out precisely what is at stake if in fact
we fail in the effort to correct what
the administration is now proposing.
Mr. FASCELL. I would welcome the
gentleman doing that, and for that
purpose I will be glad to yield the gen-
tleman such time as he needs to make
that point in the RECORD.
CONGRESSIONAL RECORD - HOUSE October 29, 1981
Mr. WOLPE. Very briefly, the $44
million reduction in the educational
and cultural program would mean a
reduction in the number of foreign
leaders and officials who are invited
here as guests of the U.S. Government
from 1,500 to 750; it would require the
eliminator of educational and cultural
exchange programs in 61 out of 120
states around the world where the
United States has previously main-
tained programs; It would virtually
terminate American funding for the
prestigious Fuibright scholars pro-
gram in all but a handful of states and
countries; it would terminate all sup-
port services for over 300,000 foreign
students who need them in this coun-
try; it would force a number of very
excellent and long-established private
nonprofit service organizations in this
country which administer and arrange
schedules and programs for foreign
visitors to sharply curtail their oper-
ations or to go out of business entirely.
As chairman of the Subcommittee
on Africa, I am particularly disturbed,
that these cuts would have the great-
est impact and fallout in Africa.
Under the criteria that have been
drawn up by the International Com-
munications Agency, three of the four
ICA operations which are slated to be
closed around the world are in Africa.
All of Africa's valuable Fulbright ex-
change programs would be closed
down. Approximately 36 of the 40 U.S.
educational and cultural exchange
programs now operating in Africa
would be completely eliminated. At
least four of America's most important
and respectable nonprofit organiza-
tions which are responsible for arrang-
ing these kinds of educational and cul-
tural programs will either have, to
drastically cut back their operations or
literally go out of business. I am refer-
ring to the African American Insti-
tute, the Phelps-Stokes Foundation,
Operation Crossroads Africa, which
may well have to shut down complete-
ly, and the Southern African educa-
tion program, which is affiliated with
the highly respected International In-
stitute of Education.
In the past 3 years two examples
demonstrate how our exchange pro-
grams have benefited the foreign
policy objectives of this country.
In Zimbabwe, which achieved its
independence less than 19 months ago,
55 of that country's 15 cabinet members
were trained in this country under the
very exchange programs which are
being eliminated. Moreover there are
some; 25 other senior Zimbabwean
members who have benefited and were-
no doubt influenced by their ability to
spend some time in this country at a
very modest cost to U.S. taxpayers. It
has paid off with the creation of a
moderate pro-Western government in
Zimbabwe.
In Nigeria, which returned to civil-
ian rule after 13 years of military gov-
ernment, our educational and, ex-
change programs have also served us
well. That nations leaders adopted a
constitution almost exactly like our
own-in part because of the experi-
ence many of the drafters of Nigeria's
constitution had while visiting this
country, this Congress, and this House
as official visitors of the U.S. Govern-
ment.
I cannot think of any course of
action that is more incongruent with
American interests in Africa and
throughout the Third World than the
kinds of cutbacks that are now con-
templated by .the administration. I cer-
tainly hope that the chairman will be
successful in his efforts in the confer-
ence committee and in his conversa-
tions with the administration to cor-
rect what I regard as a terribly griev-
ous national mistake.
Mr. FASCELL. I want to thank the
distinguished chairman- of the Sub-
committee on Africa. I agree with his
assessment totally. I think it is not
only unconscionable, I think it would
be foolhardy to cut these programs to
the extent that has been suggested. I
would welcome his continued assist-
ance both'jn the conference on this
bill and in'the conference on the ap-
propriations bill, to make sure that
these programs are preserved.
Mr. WOLPE. I thank the gentleman.
Mr. GRAY. Mr. Speaker, will the
gentleman yield?
Mr. FASCELL. I yield to the gentle-
man from Pennsylvania. -
Mr. GRAY. Mr. Speaker, I am equally
disturbed, as my colleague, the gentle-
man from Michigan and the Subcom-
mittee Chairman for Africa, particular-
ly in terms of the impacts of these cuts
that provide opportunities for Africans
and Americans to come together.
I think that the prioritization of
these cuts is absolutely against our
best interest in the continent of
Africa. I hear what the gentleman
from Florida is saying, that he would
like to change these priorities. The
question that I have is: Knowing that
the Senate has already earmarked
$100 million in this area, what guaran-
tees or what assurances can we have,
those of us who share the kinds of
concerns articulated by the gentleman
from Michigan, that the priorities
that have been listed by ICA will not
be followed, whereas the concerns of
Congress and our best interest in for-
eign policy will be followed? What
guarnatees do we have that that will
take place?
Mr. FASCELL. I welcome the gentle-
man's inquiry, and I appreciate and
fully understand his concern.
What we would intend to do in the
conference is to write language in thq
statement of managers on the authori-
zation bill to carry out what the gen-
tleman is asking for.
The other thing that we need to dq
is to be sure that the conferees on the
appropriations bill agree to the lan-
guage that is already in the Senate
report, so that it comes out of Confer-
ence that way. I welcome the interest
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE -
and the concern, and I ask the help of
the Black Caucus in getting this mes-
sage across also to the administration,
so that we not only have the Congress
directing it, but that we get the admin-
istration williny to accept that direc-
tion.
Mr. GRAY. So what the gentleman
is saying is that he will go with the
Senate figure, the higher figure, and
write specific language into that
report that makes it very clear of the
concerns for these programs that.pro-
vide the opportunity for the exchange
and for the cross-fertilization between
our Nation and the developing nations
of the world?
Mr. FASCELL. I tell my colleague,
just speaking for myself-I cannot
commit the conferees to anything, the
gentleman can appreciate that-that I
intend to work with the Senate figures
in arriving at a program which will
save these particular education and
cultural exchange programs. We will
suggest language in the statement of
managers to save these programs.
Mr. GRAY. I think this becomes a
very important point to those of us
who historically have supported the
State Department authorization bill,
as well as the foreign assistance bill,
and we see a movement that is cutting
balk on.programs with regard to rela-
tions between this country and the de-
veloping countries of the world and, as
the distinguished subcommittee chair-
man on Africa has pointed out, target-
ing primarily Africa.
Mr. FASCELL. I am opposed to that
too.
Mr. GRAY. As if there is a desire
that there not be any relationship be-
tween Black Africa and America.
Mr. FASCELL. That would be .ex-
tremely injurious.
Mr. GRAY. I think that would be
absolutely disastrous.
Mr. FASCELL. Let me suggest this:
The conferees are probably all right
here, on the House side. We will work
together to see that it gets done.
Mr. GRAY. I certainly would say
that those are my reservations, and I
know that many of my colleagues have
those reservations. I would certainly
hope that some mechanism could be
devised so that those misguided prior-
ities are not set in place.
Mr. FASCELL. Absolutely.
Mr. GRAY. And that the Depart-
ment is clearly instructed that it is the
desire of Congress not to have the al-
location in this way, even though I un-
derstand what the process is, that we
are selling the ceilings, but that we
somehow clearly say to the ICA that
we do not like these priorities, because
otherwise I think that there will be
those of us who cannot support this.
Mr. FASCELL. Let me,commend the
gentleman from Pennsylvania and to
say that I also want to congratulate
the Black Caucus for being. so quick in
picking up on this issue. We welcome
their support. What the gentleman is
saying is exactly why I cannot support.
the motion to commit by my distin-
guished friend, the gentleman from Il-
linois, who wants to do the same
thing, simply because even if we
change the numbers around, there is
no guarantee that the internal alloca-
tion of the cuts would be affected.
What-we have to do, in short, is to
lock it into the appropriations bill, as
well as write our own instructions in
the conference report on the authori-
zation bill.
Mr. GRAY. In light of the fact that
the appropriations bill has already
been passed on this side, the only
place we can do that now, as I under-
stand it, is in the conference.
Mr. FASCELL. They have already
done it in. the subcommittee there. It
is a conferenceable issue, just as it will
be in the authorization bill.
Mr. GRAY. So, thus, the only place
we can redirect these priorities, then,
is in the conference committee on the
authorization side and on the appro-
priation side.
Mr. FASCELL. And to that effort I
look for the gentleman to help us get
that done.
Mr. GRAY. Certainly the gentleman
knows my commitment to these pro-
grams, and some of the other Mem-
bers' commitments to these programs;
however, I would want to say very
clearly that we must have assurances
that these programs are put in place
and that the priorities that we see
coming from the administration,
which are misguided as all the world
could possibly have, do not take place.
Mr. FASCELL. I agree with the gen-
tleman, and I give him my assurance
verbally, I have done it in writing, and
I will do it any other way I can.
Mrs. FENWICK. Mr. Speaker, will
the gentleman yield?
Mr. FASCELL. For the purposes of
debate only, I yield to the gentlewom-
an from New Jersey.
01315
Mrs. FENWICK. I thank my col-
league for yielding and, I, too, rise to
express distress about the cuts, in the
scholarships particularly. I" think that
probably nothing has been more bene-
ficial to the United States for a rela-
tively small expenditure and more
benefit to those who are paying for
the whole thing, than have these
scholarships. They have provided sym-
pathetic leaders in different countries
of the world, when we have very much
needed such sympathetic leaders,
among whom I may say was President
Sadat himself.
I think that the bill provides a short-
sighted division of the funds. I noticed
that the scholarships will be cut by
some $67 million and it is one of the
heavies cuts in the whole appropri-
ation. If I may, Mr. Speaker, at this
point I would like to include in the
RECORD some editorials, one from the
New York Times and one from the
Boston Globe on this subject.
I would like to refer also to the
words of the distinguished dean of the
Woodrow Wilson School of Public and
H 7923
International Studies at Princeton
University, Dean Donald Stokes.
He told us:
These programs have brought this coun-
try more influence and good will in the
world than any comparable outlay in tax-
payer dollars since World War II. I am con-
stantly struck in my contacts with govern-
ment leaders ' in Europe, Asia, and Latin
America, by how wide a reservoir of under-
standing these programs have built up over
the years. We would be foolish in a time of
increasing danger to buy so small a budget
saving at so high a price in future good will.
The articles follow:
[From the New York Times, Oct. 28, 1981]
AMERICA SuRRENfERs
The United States is about to launch a
policy of unilateral disarmament in the
worldwide contest of ideas. The Administra-
tion proposes cuts in the revised State De-
partment authorization bill that would dev-
astate educational and cultural exchange.
Like most departments, the International
Communication Agency has been asked to
absorb an additional cut of 12 percent in its
1982 budget. But instead of protesting or
looking to its bureaucracy, it proposes that
virtually the entire amount come out of
educational and cultural programs.
Funds for exchange of students and schol-
ars, for example, would be reduced from an
already inadequate $79 million to $22 mil-
lion. Academic exchanges with 81 countries
would be eliminated altogether.
There would be no further support serv-
ices for the more than 300,000 foreign stu-
dents who require them to remain enrolled
in American universities. The 35-year-old
Fulbright fellowships would end except in a
few countries with special agreements.
And the number of promising leaders
brought here by the International Visitor
program would decline from 1,500 to 750,
eliminating 75 countries entirely. This is the
program that first showed American life in
all its variety to 33 current heads of govern-
ment.
All in all, the cuts would leave the Soviet
Union the unrivaled champion of education
and culture for most of the poorest nations
of the world.
What a travesty for an Administration de-
termined to spread its might and influence
abroad. To so shortchange contacts and
communication-including the export of
books, art, music, theater and drama-will
have serious enough consequences in the
short term. In the long run, the loss in un-
derstanding and human ties would be devas-
tating. The trashing of these programs pro.
claims a policy of brawn without brain.
[From the Boston Globe, Oct. 27, 19811
INTERNATIONAL EXCHANGES
The idea that there is a national interest
in encouraging programs for scholars. and
other cultural exchanges would seem to be
nonpolitical and nonideological. The United
States can best understand the thinking in
other nations by sending skilled observers
and by encouraging those countries to put
their cultural exhibits on display here.
It is from this commonsense perspective
that the proposal of the Reagan Adminis-
tration to reduce radically the budgets for
such exchanges in the next fiscal year
seems so foolish.
Under the Reagan plan, spending on the
justifiably acclaimed program of Fulbright
scholarships would be reduced from $48.1
million to $22.5 million. Further, the pro-
gram, which for 35 years has been adminis-
tered by two private, nonprofit groups,
would be brought directly under the wing of
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CONGRESSIONAL RECORD -HOUSE October 29, 1981
the federal government, a change which at
some time in the future is certain to raise
questions about the purpose of the scholar-
ships.
The immediate consequence of the fund-
ing change, according to those who work
with the program, will be a 40 percent re-
duction in the number of grants and the
elimination of most programs in developing
countries. Richard Berendzen, president of
American University, told the New York
Times that the cutbacks and restructuring
"is coming very close to ending the Ful-
bright program."
Other exchanges are also sharply reduced
by the Administration's proposed budget for
the International Communications Agency
which oversees such efforts. The agency's
own international visitors program would be
reduced 58 percent and assistance for inter-
national tours by students would be elimi-
nated as would a new program to bring pro-
fessionals from developing countries to the
United States for advanced training. Fund-
ing for private exchange programs, such as
Operation Crossroads Africa, would be
slashed 70 percent, according to congres-
sional aides who have studied the budget.
The State Department authorization bill
which contains these cutbacks is scheduled
to reach the House floor this week. The
Reagan proposals for reductions in ex-
change programs should be rejected and, in
fact, an effort should be made to secure a
reasonable increase in authorized spending
levels for such ventures.
President Reagan has said repeatedly In
recent weeks that the United States is a
model for how other nations, particularly
those in the developing world, ought to
structure their economies. Further, he has
offered to send Americans- anywhere in the
world to see whether US knowhow can be
applied there. He should be leading the
charge to encourage international ex-
changes so Americans can better under-
stand how other nations work and so that
visitors can better appreciate the American
model.
Mr. FASCELL. Mr. Speaker, let me
thank the gentlewoman from New
Jersey. She is a very valuable member
of our committee and I agree with her
comments and the comments of the
editorials. I think it would be most un-
fortunate for the brunt of the neces-
sary budget adjustments in ICA to be
borne by our educational and cultural
programs. I do not know of any finer
programs anywhere for the dollar.
They are of tremendous value to the
U.S. Government.
Mr. Speaker, I yield such time as he
may consume to the gentleman from
Wisconsin (Mr. ZABLOCKI).
(Mr. ZABLOCKI asked and was
given permission to revise and extend
his remarks.)
Mr. ZABLOCKI. Mr. Speaker, I rise
in strong support of the motion of the
gentleman from Florida, the distin-
guished chairman of the Subcommit-
tee on International Operations, and I
commend him for his.untiring efforts
in behalf of the legislation that is
before us.
The gentleman from-Florida has al-
ready ably explained the purpose of
his motion and the provisions of the
proposed House amendment to the
Senate bill. Many of our colleagues
have asked me why we are following
this procedure and why we did not
bring the new version of the bill
before the committee and to the floor
for full debate under regular order.
As the gentleman from Florida has
explained, the purpose of this proce-
dure is to expedite the passage of es-
sentially the same bill as the House -
considered last month in the form of
H.R. 3815. This way we can go to con-
ference with the Senate and come
back with an authorization which will
enable the Congress to urge the execu-
tive branch to restore the unfair cuts
that it proposes to make in education-
al and cultural exchange programs.
Given this administration policy
toward the Soviet Union, I cannot
imagine a more incongruous defeatist
attitude in the battle for the minds of
the people around this world than the
bureaucratic decision to reduce drasti-
cally, and in some cases eliminate, sev-
eral vitally important educational and
cultural exchange programs, particu-
larly with African and other third
world countries. To that end, I have
been joined by other members of the
Foreign Affairs Committee protesting
this arbitrary and inadvisable budg-
etary action to the President, and will
include.a copy of that letter at the end
of my remarks today.
Because the gentleman from Florida
has ably explained the bill, I will not
take the time of the House to review
the provisions of H.R. 4814, which are
essentially the same as 'those con-
tained in H.R. 3518, as amended, on
the House floor subsequent to its
defeat on September 17.
Mr. Speaker, as far as the motion to
recommit to be made by the gentle-
man from Illinois, Mr. Speaker, I basi-
cally agree with what he is trying to
do, but commiting the bill with his
proposed amendment will not achieve
his purpose which is to force the
agency to restore the cuts allocated to
the. programs in question. The way to
accomplish his purpose is to support
the motion of the gentleman from
Florida so that we can go to confer-
ence with the Senate, and work with
the higher numbers for the ICA con-
tained in the Senate version of the
bill. -
Therefore, I urge that the Members
vote against the gentleman's motion to
recommit with instructions and urge
the Members on both sides of the aisle
to support the motion of the gentle-
man from Florida.
The letters follow:
COMMITTEE ON FOREIGN AFFAIRS,
Washington, D.C., October 28, 1981.
The PRESIDENT,
The White House, Washington, D.C.
DEAR MR. PRESIDENT: We are writing to
protest strenuously the Administration's
proposed cuts in education and cultural ex-
change programs, funded under the budget
for the International Communication
Agency.
As you know, the Soviet Union has spent
billions of dollars in the war for people's
minds around the world. The budget for the
International Communication Agency is less
than one-half billion dollars, and the pro-
grams in education and cultural affairs total
less than $100 million. Furthermore, since
1967 the actual dollar value of those pro-
grams has decreased substantially due to in-
flation and exchange rate fluctuations. We
can conceive of no more effective way of qn-
dermining the United States effort in this
vital area. However, your comments in the
past lead us to believe that you would find
such a policy completely unacceptable r.nd
dangerous to the security of the United
States.
As you know, this Committee is preparing
to support your revised budget request for
the Department of State, the International
Communication Agency, and the Board for
International Broadcasting for the next
fiscal year. That budget request, in the view
of many of our members, is insufficient to
conduct an effective foreign policy effort
which will protect U.S. national interests.
However, recognizing your wish to bring the
Federal Budget under control we are reluc-
tantly- supporting these figures at this time.
We cannot however condone a bureaucratic
decision to undercut the remaining strength
of these congressionally mandated educa-
tional exchange programs. There are areas
within the International Communication
Agency budget which can absorb your addi-
tional 12 percent agency cut which will not
further decrease the already inadequate
numbers of personnel, force the Agency to
close posts, undermine the education and
cultural exchange programs, or affect the
Voice of America.
We therefore urge you to reconsider the
allocation of this cut in a way which will
avoid the destruction of a crucial area of
our national security and relationships with
other countries.
With best wishes, we are,
Sincerely,
WILLIAM S. BROOMFIELD,
Ranking Minority Member,
Committee on Foreign Affairs.
. EDwARD J. DERwINSKI,
Ranking Minority Member,
Subcommittee on
International Operations.
CLEMENT J. ZABLOCKI,
Chairman, Committee on
Foreign Affairs.
DANTE B. FASCELL,
Chairman, Subcommittee on
International Operations.
HowARD WOLPE.
BENJAMIN A. GILMAN.
LARRY WINN, Jr.
L. H. FOUNTAIN.
Mr. FASCELL. Mr. Speaker, I yield
5 minutes, for the purposes of debate,
to the distinguished minority member
of the Foreign Affairs Committee, the.
gentleman from' Michigan (Mr.
BROOMFIELD).
I Mr. BROOMFIELD. Mr. Speaker, I
want to associate myself with the re-
marks made not only by the chairman
of the Foreign Affairs Committee, the
gentleman from Wisconsin (Mr. ZA-
BLOCKI), but by the chairman of the
subcommittee, the gentleman from
Florida (Mr. FASCELL).
First of all, I would like to thank
both of them and the leadership for
working so diligently with the minor-
ity leadership in bringing this bill to
the floor today.
A lot of effort has gone into this
compromise and I join in the oppos
tion to the motion to recommit the
bill. At this time I would like to advise
my colleagues that I received a letter
from Secretary of State Haig just mo-
ments ago, and I will read it.
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H 7925
The letter says: tern over cuts in the programs for million in fiscal year 1983. Let me ex.
THE SECRETARY OF STATE, Radio Free Europe, Voice of America, plain my involvement in this subject
Washington, October 29, 198L and Radio Liberty. There Is another matter.
on' WILLIAM BROOMFIEu, area that equally concerns me. I am a member of the North Atlantic
ouse of Representatives. ICA has decided to severely cut back Assembly, appointed by the leadership
DEAR BILL: I want you to know that it is its exchange program. This program of this House, along with some of my
he uniform position of the Administration involves an academic component colleagues, and we have met our Euro-
hat we are strongly in support of passage
f the State Department Authorization bill called the Fulbright program, an in- pean counterparts on several occa-
it is now presented before the House ternational visitor program, and a pri- sions. I was elected Vice Chairman of
oday. We are, therefore, opposed to a re- vate sector program. I urge the direc- the Committee on Education, Cultural
ommittal with instructions. This is the tor of ICA to review the cuts he plans Affairs and Information of the North
iew of not only this Department, but also to implement in this area, with a view Atlantic Assembly.
I the international broadcasting entities to more equitable sharing of the over. In the European meetings we deal
d of the White House. all ? cutback burden. These exchange with the free flow of information, part
As this legislation moves toward final pas- programs not only afford foreign poli- of which involves radio
gin the Congress, and during the course cymakers, students, and business lead- broadcasting.
f the fiscal year, we will, however, consider The three countries that are involved
he concerns for funding priorities within ers an opportunity to visit America in this are the United States-we have
he international broadcasting agencies and and gain exposure to our way of think- Radio Free Europe and Radio Liberty,
ake such adjustments as might be neces- ing on crucial issues, and our broad DeutschWelle in Germany-they do
ary administratively. philosophical approach to the world, broadcasting behind the Iron Cur-
With warm regards. but involve the voluntary input of tain-and BBC, British Broadcasting
Sincerely, some 750,000 Americans. This volun- Corporation.
ALEXANDER M. HAIL, Jr. teer spirit, at no cost to the taxpayer, In Munich, just a few weeks ago, my
Mr. Speaker, I Want to indicate to has made the program effective. It re- colleagues and I spent a full day at
he Members of the House that I inforces the President's own philos- Radio Free Europe and Radio Liberty.
hare the same concern as the gentle- ophy that much can and should be It is a most impressive organization
an from Illinois (Mr. DERWINSKI). achieved in America through volun- with 1,000 employees.
owever, as was pointed out by the tary activity, rather than through They broadcast in 21 different lan-
entleman from Florida, it Is the re- Government mandate. At a time when
ponsibility of the administration the Soviet Union is spending many. alone theydb ointo adcasteinSRussian and
hrough administrative procedures to times this amount to influence for- 14 other nationality languages that
ake necessary adjustments among eigners with similar programs, at a are spoken there. They broadcast 469
he various programs. Many of these time when the Third World is still fer- hours a week to the Soviet Union and
rea have been sharply reduced at a tile ground for Ideas that foster either 555 hours a week to Eastern Europe.
ime- when we ought to be beefing freedom or totalitarianism, I believe it
hem The Helsinki accords demanded and
up. is not in America's best interests for the Soviets agreed to the free -flow of
I therefore oppose the motion to re- the Director of ICA to cut back our ac- information. Of course, they promptly
ominit and rise in support of the leg- tivities in. these exchange programs. negated their commitment and did not
lation as presented before the House On the broader questions of support- live up to the agreement.
oday. ing House Report 4814, I fully endorse
Mr. Speaker, the bill reflects the re- the bill, knowing that It represents Sig- The Soviets They also broadcast all over
ised executive branch budget request, nificant cuts in line with the adminis- the world. They broadcast far more
agreed upon by the respective agen- tration's program and in line with hours than we do, and we do not jam
ties affected and OMB. You will notice what we have been doing with other or interfere with that. It is so ponder-
hat the authorization amounts for authorization bills. I encourage my ga and so and lan a hthvty pmost
oth fiscal 1982 and 1983 are below colleagues to endorse the bill as well. nobody and slanted that almost
he levels previously submitted to the Mr. FASCELL. Mr. Speaker, I yield nobody listens to it.
ouse several weeks ago. The new 20 minutes for debate purpose only to But who listens to ours and how do
mounts represent significant cuts for the gentleman from Michigan (Mr. we know that? We have a pretty stable
tate, ICA, and BIB., Of great impor- BROOMFIELD). audience. Since 1977, about 40 million
ante is that the bill is within the ad- Mr. BROOMFIELD. I thank the people per week or 15 million people a
Ministration's overall budget limit. In gentleman, day, of which 4 million people are in
act, the bill is shobkingly austere. It Mr. Speaker, at this time, I yield 5 the Soviet Union. How do we know
sot only holds the line on needed new minutes to the gentleman from Call- this? Well, we know it because we in-
>rograms, but it cuts into existing fornia. (Mr. BURGENER). terview visitors who come out of the
unctions to a degree that will severely (Mr. BURGENER asked and was Soviet Union, come out of the Warsaw
train the agencies to fulfill their ob- given permission to revise and extend Pact countries, and we interview them
ectives. his remarks.) professionally and we ask questions
While I would prefer to see some Mr. BURGENER. Mr. Speaker, I and they are very sophisticated and
rowth ill. several areas, such as in- want to speak about Radio Free very candid about what they hear and
reased resources devoted to political Europe and Radio Liberty. 'I guess how important it is to them.
nd economic reporting by the State there are three ways to get at this to Now the Soviets are jamming these
)epartment, I also realize that no de- fund it properly. One would be the broadcasts and it is costing them a lot
artment or agency can be exempt conference committee-and I am not of money. The Soviets are paying $250
rom shouldering its share of the sure how much latitude the conferees million a year. It takes a lot of elec-
urden if we are to reduce Govern- will have. tricity, a lot of energy, and this next
lent spending to overall sensible Another way would be the Derwinski thing I am going to relate might inter-
svels. It is, therefore, encumbent motion to recommit. est the Members about what occurred
.pan all of us to support the bill in its Perhaps a third way would be a sup- in Poland just a few weeks ago.
resent form. plemental with proper authorization. There was a large sign in Poland
There is one area, however, concern- The House will work its will on that a during the Solidarity labor movement.
lg cuts in ICA, that I feel must be little later this afternoon. The sign said, "Save energy, stop jam-
ientioned. This does not effect the But a tragic event occurred last Feb- ming Radio Free Europe."
ill's overall spending limits per se. It ruary in a bombing in Munich, and Very, very important. We are getting
strictly speaking, an internal matter this money to repair damage and pro- through.
hat concerns how ICA will implement vide security is essential, most essen- One Warsaw Pact country figured
heir cuts. I share with the gentleman tial. It is not a great deal of money. It out how to stop us from doing this one
rom Illinois, Mr. DERWINSKI, his con- is $10 million in fiscal year 1982 and $5 time some years ago. It was in Czecho-
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CONGRESSIONAL RECORD - HOUSE October 29, i98
Slovakia in 1968 before the Soviet
tanks rolled in there. The way they
stopped the Voice of America and
Radio Free Europe and Radio Liberty
was they broadcast the truth.
^ 1330
While the lid was off and they had
the opportunity to broadcast the
truth, the straight news as it was,
there was no need therefore for any-
body to listen to ours. That is fine. We
would be delighted not to broadcast
anywhere if people would tell the
truth. Well, unfortunately, they do
not.
We are fairly low key with all this.
We do not go Into editorial comment.
We present straight news. We broad-
cast straight news and music and it is
very, very much listened to. What it
does, among other things, it keeps the
other world honest. You know, they
did not even used to report incidents
like an airplane crash in their own
countries; but we report it. We do not
say who was at fault or editorialize.
We report that it happened. Now they
are having to report some things that
happened. They dare not fail to
report.
The SPEAKER pro tempore. The
time of the gentleman, from California
has expired.
Mr. BROOMFIELD. Mr. Speaker, I
yield 1 additional minute to the gen-
tleman.
Mr. BURGENER. One of the rea-
sons that we need full funding is be-
cause on February 21 a tragic event oc-
curred. We have been doing this
broadcasting for 30 years without inci-
dent until we had a bombing of our fa-
cility in Munich. Luckily, mercifully,
no one was killed. Three people were
seriously injured. It cost $1Y2 million
in immediate damage to the facility;
but it is going to take $3 to $4 million
to make these facilities secure. All
these thousands of people, our em-
ployees, mostly are Europeans, of
course, very fluent in all of these 21
languages that they speak with fluen-
cy, and they are entitled to protection.
They are entitled to be safe in the
very important work that they do on
our behalf; so full funding for this
purpose is absolutely essential. How
we accomplish it, I am not prepared to
say; but in fiscal year 1982 and in
fiscal year 1983 I believe we absolutely
must, because the truth shall make us
free and hopefully, eventually, all of
them.
(Mr. BROOMFIELD asked and was
given permission to revise and extend
his remarks.)
Mr. BROOMFIELD. Mr. Speaker, I
yield 3 minutes to the gentleman from
Missouri (Mr. COLEMAN).
(Mr. COLEMAN asked and was
given permission to revise and extend
his remarks.)
Mr. COLEMAN. Mr. Speaker, I rise
in support of S. 1193.
Today we are considering passage of
funding for the prime instrumental-
ities of U.S. foreign policy. It is a bill
sharply reduced from the one which
we considered several weeks ago. The
State Department, as have all of our
Government agencies, has felt the
budget ax.
We have before us a streamlined bill,
pared of fat. I urge support of this
measure for two reasons: First, it
meets the budgetcutting criteria; and
second, it is needed more than ever in
this time of increased global tension.
There are a number of specific
points I would like to make about this
bill:
First, this bill is not the foreign aid
bill. We will deal with this controver-
sial bill separately at a later time. .
Second, I am however concerned
about the limited funding- proposal
contained In this legislation for the
Board of International Broadcasting
and the International Communication
Agency. These agencies are the prime
means that we in America have to
share our views with people in the
communist nations. The Voice of
America, Radio Free Europe, and
Radio Liberty are all funded in this
bill. These radios 'are invaluable in
America's efforts to spread the truth
to the people of the Soviet Union and
Eastern Europe. In these times of in-
creased Soviet propaganda, disinfor-
mation and in many cases outright
lies, these stations are more important
than ever.
if one has been reading the newspa-
per reports about the so-called peace
demonstrations In Europe, one is im-
mediately struck by how aggressive
the 'Soviet propaganda effort has
been-and perhaps more distrubingly,
how many of these half truths and
and untruths have been believed by
some Europeans. We must combat this
compaign to discredit the United
States. These radios are one of the
most important ways to do this.
Finally, I would' also like to note
that while I support this bill, and sup-
port the budgetcutting philosophy
which has been applied to it, I must
admit that I am also very distrubed by
the major cuts made in our Nation's
international education exchange pro-
grams. For all the reasons I have
noted already, I feel that there is an
urgent need to dispel the fabrications
being sowed by the Soviet Union about
the United States of America. A most
important way of doing this is through
international exchange programs
which give foreign students and schol-
ars an opportunity to travel to the
United States and learn for them-
selves exactly what life is like in the
United States. These programs also
offer American students the opportu-
nity to go abroad and learn about for-
eign cultures and societies. This know-
lege is invaluable to America, whose
concerns and . interests are global in
nature.
Despite these problems, I neverthe-
less support S. 1193 because I feel that
its passage is vitally important to our
Nation and its national interest.
debate to the distinguished gentlem
from Michigan (Mr. CROCKETT).
given permission to revise and exten
his remarks.)
Mr. CROCKETT. Mr. Speake
was my position ' that I would oppos
port of any motion to recommit.
I am opposed to the administration'
tration's position that the entire 1
State Department appropriation.
I have listened, however, very car
made by my three chairmen.
Mr. BROOMFIELD. Mr. Speaker,
yield 4 minutes to the gentleman fro
Delaware (Mr. EvANs). -
(Mr. EVANS of Delaware asked an
was given permission to revise an
extend his remarks.)
Mr. EVANS of Delaware. Mr. Spe
1983.
I think it is appropriate to note th
ready resulted in greater respect f
America around the world.
tion, but we are, I believe, heading
the proper direction.
It is important to note here, to
that this legislation does provide ne
State Department. There are some i
this body and many around the Unite
up a wall around the United States
America and exist in isolation. This
totally impractical but suffice-it to s
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October 29, 1981 CONGRESSIONAL RECORD - HOUSE
that in the increasingly smaller and
interdependent world in which we live
it is extremely important to promote
better understanding rather than less.
I believe that is vital if we are to
strengthen the cause of peace and se-
curity in the world.
Communications is the key to that
better understanding, personal com-
munications where it can be effective,
and where this is not possible, commu,
nications by Radio Free Europe and
Voice of America and Radio Liberty.
That is one of the reasons why this
bill is so critically important, because
it does contain funding for these all
important international broadcasting
efforts.
I believe it would be incredibly fool-
ish in these times for us not to in-
crease our efforts in getting our mes-
sage across.
I think at times we do not fully com-
prehend what we mean to freedom-
loving people all over this globe.
Let me share with you. an occasion
that happened in June of 1980. I had
just introduced an amendment to in-
crease funding for the Voice of Amer-
ica. I was called to the side door here
and a gentleman who was a graduate
student at one of our universities here,
cgme up with tears in his eyes. He
said, "Congressman, you don't know
what it means to us and to my coun-
trymen to know that America cares
about our freedom."
There are other places on the globe
that are having difficult times today,
and I think it would be spectacularly
ill-timed if we do not proceed with
funding for our broadcast efforts now.
I speak, of course, of our friends in
Poland. We need to send them a mes-
sage of hope, a message that we care
about their struggle for freedom, a
message that the people of America I
know fully support.
I would like to also say that these
broadcast efforts are an integral part
of our national defense program.
President Reagan, when he was cam-
paigning in Illinois on March 17, 1980,
said as Governor Reagan then, that
we needed to reemphasize our efforts
on behalf of Radio Free Europe, Radio
Liberty, and Voice of America.
The SPEAKER pro tempore. The
time of the gentleman from Delaware
has expired.
Mr. FASCELL. Mr. Speaker, I yield
30 additional seconds to the gentle-
man.
Mr. EVANS of Delaware. Mr. Speak-
er, I think it is also important to point
out that we have a force within these
broadcasts, a force which is a lot more
powerful than arms. It- is a force that
'totalitarian regimes fear the most. It
is the force of our ideas. We need to
effectively utilize the weapon of ideas.
As Lenin once said, "Ideas are more
'fatal than guns." That is why the
Soviet Union is spending so much time
and money jamming our programs.
They are afraid of the truth and it is
important today to send a message to
freedom-loving people all over the
world that we care in the United
States of America.
I hope all my colleagues will strong-
ly support this bill.
Mr. FASCELL. Mr. Speaker, just a
brief comment first before I yield.
I agree with the last two gentlemen
who spoke in the well with regard to
radios. As one who was intimately in-
volved in saving the radio; so to speak,
and getting the necessary mechanisms
and funding for those radios and keep-
ing them alive and improving their ca-
pability, "I can certainly understand
what our previous speakers have been
saying.
With respect to the bomb damage,
let me just briefly state that we had in
the fiscal year 1981 budget $3' mil-
lion dollars for the bomb damage to be
repaired. Despite the cuts, some read-
justments will have to be made inter-
nally, but they can do that.
but I still agree they need more
money and we need to put more em-
phasis on those radios. I will be join-
ing the gentleman in every way I know
how to see that that policy is imple-
mented.
Mr. EVANS of Delaware. Mr. Speak-
er, will the gentleman yield?
Mr. FASCELL. I yield to the gentle-
man from Delaware.
Mr. EVANS of Delaware. Mr. Speak-
er, I thank the distinguished gentle-
man for yielding.
- I really do not care how we send
that message or that signal to people
all over the world that America cares,
because it is in our national security
interests to do so.
Mr. FASCELL. Absolutely.
Mr. EVANS of Delaware. Whether
we do it through recommital or wheth-
er we do it administratively, and I cer-
tainly do not want to jeopardize this
bill on recommital, but there is one
thing for certain that we ought to
make absolutely clear in this adminis-
tration and this Congress, that we do
care about other other people and
that we care about the impact of these
international broadcasts and we are
going to do everything we possible can
to give them adequate funding in the
future.
Mr. FASCELL. Mr. Speaker, I agree
with the gentleman very strongly.
Mr. Speaker, I yield 3 minutes for
purposes of general debate only to the
distinguished gentleman from Florida
(Mr. GIBBONS).
Mr. GIBBONS. Mr. Speaker, I thank
the gentleman from Florida (Mr. FAS-
cELL) for yielding to me. As everyone
who is familiar with this Congress
knows, I am not a -member of this com-
mittee.
I kind of hate to intrude into its
business, but I was shocked the other
day when the House killed the author-
ization bill for the State Department.
I know when I came to the Congress
about 20 years ago, it was fashionable
then if you were dissatisfied with all
the world's problems to take it out on
the State Department, and I have got
H 7927
to admit that I was probably guilty of
some of that.
As I began to exercise my responsi-
bilities under the Ways and Means
Committee having to do with interna-
tional trade, I became better acquaint-
ed with the State Department. I can
tell you from personal experience that
the people in the State Department
work hard. They are well qualified.
They do a terrific job and sometimes
under very adverse and dangerous cir-
cumstances.
We should not be here talking about
cutting back in this area. We ought to
be here talking about expanding in
this area. The State Department is
doing a job in a bigger world today
with fewer people than they have had
in a long, long time, and our problems
are much more complex.
I hope that Members when thinking
about this authorization bill will think
about the challenges that are out
there that must be met, about our re-
sponsibility to meet those challenges,
and I hope they will take my word for
it as one who has been there and seen,
we have got good people representing
us overseas. We have got good people
who work and will work hard on week-
ends and holidays and every other
time. I have never yet had one of them
complain to me about the demands
that are made upon them, not only by
our Government, but by other govern-
ments.
^ 1345
They are loyal Americans, they work
hard, they should be cheered, and we
should be augmenting them. We cer-
tainly should not take out our piques
about the problems of the world by
voting against the State Department
authorization bill.
Mr. FASCELL. I thank my distin-
guished -colleague for those very ap-
propriate remarks.
Mr. BROOMFIELD. Mr. Speaker, I
yield 2 minutes to the gentleman from
Mississippi (Mr. Lorr).
(Mr. LOTT asked and was given per-
mission to revise and extend his re-
marks.)
Mr. LOTT. I thank the distinguished
ranking member for yielding to me.
Mr. Speaker, this bill is an example
of how the House can insure that we
stay within the President's budget fig-
ures and still provide the President
the resources he needs to run a lean,
effective Government.
I voted against the bill ,earlier be-
cause it was over the budget, and I do
not agree totally with the gentleman
from Florida who preceded me here in
the well, from whom I have the
utmost respect, when he says we
should not be talking about cutting
back. I just cannot accept that. We do
need to look toward keeping the State
Department down in its expenditures
just as we do everything else around
here. That has been done with this
bill. After the bill was defeated earlier,
administration officials, the ranking
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H 7928
members on the committee, and the
distinguished chairman of the commit-
tee, got together and worked out an
agreement as to the figures that
should be in this bill.
It is within the President's budget
request. I think that all concerned
should be commended for the compro-
mise they worked out. I realize some
of the Members do not think we
should have defeated it earlier, but
the fact is that it was over the Presi-
dent's budget request.
We have made some savings here.
That is what we have been trying to
do in every other area and it has been
done. There has been a major savings.
We have reached a final agreement
now and I think we should try to live
up to this compromise.
I am going to vote for it because I do
think we need the State Department
authorization and I do think we need
to have foreign aid authorizations. But
I also think we should be just ?as con-
scious of what the costs.are in this
area, as we are in other areas of the
budget.
So I urge my colleagues, let us sup-
port this compromise in its present
form. Vote for this bill on final pas-
sage. Let us not break up the compro-
mise that has been reached and tinker
with -the numbers that have been
agreed to, and we can get this behind
us and move on to what needs to be
done in other areas.
Mr. Speaker, I do want to thank all
of those who worked on this bill for
their patience and cooperation.
Mr. BROOMFIELD. Mr. Speaker, I
yield 1 minute to the gentleman from
California (Mr. LAGOMARSINO).
(Mr. LAGOMARSINO ' asked and
was given permission to revise and
extend his remarks.)
Mr. LAGOMARSINO. Mr. Speaker,
I voted against this bill when it was
before us before. It was over the Presi-
dent's budget in its second year. How-
ever, under the agreement, that has
been taken care of and the bill is well
within the budgetary constraints.
While I certainly agree with the
view of those who would like to in-
crease funding for the radios, I think
we can find some other way to do that.
But the important thing today is to
pass this bill the way it is, and to get
on with the business. We have a State
Department, and whether or not we
agree with everything it does, whether
we agree with all the personnel that
are there, it is our State Department.
It is our vehicle for carrying out for-
eign policy.
I would say particularly to those on
my side of the aisle that this is our
President's foreign policy, and this is
his State Department, peopled by
people he has appointed. I think if we
are going to have a coherent, credible
foreign policy we certainly have to
fund that Department.
Mr. BROOMFIELD. Mr. Speaker,
will the gentleman from Florida.yield
me 3 additional minutes?
Mr. FASCELL. I would be glad to.
CONGRESSIONAL RECORD -- HOUSE October 29, 1 881
Mr. BROOMFIELD. I thank the
gentleman.
Mr. Speaker, at this time I yield 2
minutes to the gentleman from Wis-
consin (Mr. ROTH).
(Mr. ROTH asked and was given per-
mission to revise and extend his re-
marks.)
Mr. ROTH. I thank the gentleman
from Michigan for yielding.
Mr. Speaker, I agree with the speak-
ers who have spoken here this after-
noon on the power of an Idea and the
power of public diplomacy. But I hope
we would not fall in the trap of saying
if we just throw more dollars at the
agency, or any other agency, it is
going to solve all our problems. I
think, yes, dollars have to be appropri-
ated. Dollars are Important. But I
think it is a commitment that these
agencies have to their programs that
are very important, too.
Recently I had a gentleman in my
office from Czechoslovakia, Victor Sef-
cick. I asked him what kind of experi-
ence he has had with Radio Free
Europe and Radio Liberty. He said
their experiences have been very good;
that they 'religiously listen to those
broadcasts at 6 in the morning, 6 at
night, not only to get the world news
but also to find out what Is happening
in Czechoslovakia, their own country.
But he did say that many times they
have a hard time understanding the
news because the Czechoslovakian
that is being spoken is not the best.
I think this is one example, that we
can fall in the trap of just saying if we
throw more and more money at the
agency, the problems are going to be
solved. I think there has to be a cer-
tain amount of dedication and ' com-
mitment in the agency itself.
As I see it, what we are arguing
about here is an issue of where we are
going to spend more money, with the
elite or with the people, the masses. I
think it is very important that we
stressed that we sell the story of
America, our programs, and so on, to
to
all the people of the country, not just
to the elite. I think if we have to make
choices because we only have x
number of dollars, we must always
come down on the side of the people
of those countries, not only the elite.
I feel the ICA does some of the most
important work being done in this
country, but it should not be a travel
and tourism agency. I think what we
have to do is spend the money on the
radios and the people working in those
areas so they can speak the language
properly and we can get our message
across.
Mr. SPEAKER. The Chair will
state that the gentleman from Florida
(Mr. FASCELL) has 2'/z minutes remain-
ing, and the gentleman from Michigan
(Mr. BROOMFIELD) has 5'/;a minutes re-
maining.
Mr. FASCELL. Does the gentleman
from Michigan desire more time?
Mr. BROOMFIELD. Yes, I have two
more speakers.
Mr. FASCELL. I will be glad to yield
the balance of my time to the gentle-
man from Michigan (Mr. BROOMFIELD).
Mr. BROOMFIELD. Mr. Speaker, I
yield 3 minutes to the gentleman from
Illinois (Mr. DERWINSKI).
(Mr. DERWINSKI asked and was
given permission to revise and extend
his remarks.)
Mr. DERWINSKI. Mr. Speaker, this
measure is the renewed authorization
bill for the State Department, the In-
ternational Communication Agency
(ICA) and the Board for International
Broadcasting (BIB). As it stands, it
drastically cuts funds for the ICA and
BIB. My motion to recommit is intend-
ed to correct these dubious budget al-
locations.
I recommend that within the total
spending limits, specific adjustments
be made to support our foreign infor-
mation agencies-ICA and BIB.
ICA, of course, manages the Voice of
America and our exchanges and cul-
tural programs, while BIB supervises
Radio Free Europe and Radio Liberty.
We are involved in an information
war, a clash of ideas, a struggle of the
truth of a free society against totali-
tarian propaganda. It is necessary to
improve our foreign broadcast capatkil-
ity, and reinforce our radios. VOA
broadcasts world news and particular-
ly news about the United States to
many areas of the world which would
not otherwise have objective news
sources. RFE and RL are our means of
reaching the people of the Soviet
Union and those of the Eastern Euro-
pean Communist countries.
Through our exchange programs, on
the other hand, we have a chance to
see other countries as they are and
give the people of foreign nations an
understanding of the real, America. A
significant part of the threat posed to
the United States by the Increasing
contentiousness of the Soviet Union
lies in the area of political and propa-
ganda activity. Mass communication is
used by the Soviets to indoctrinate,
mislead, and confuse peoples through-
out the world; the influence and stra-
tegic positions of the United States are
weakened in the process.
The Soviet Union maintains an iron
grasp on the Russian people and on
the captive nationalities of its empire.
Its strategic military strength shields
its conquests. Nonetheless, the Soviet
empire is vulnerable. Its economic
system is inefficient, its agriculture a
shambles. Its population, and. those of
the captive nations, are shamelessly
exploited to support a corrupt regime.
It is of special interest that RFE and
RL often assist the forces of internal
dissent in the U.S.S.R. and the satel-
lite countries in frustrating the Com-
munist secret police by broadcasting
smuggled dissident papers and mes-
sages.
The role of the radios has been suc-
cinctly described by a former Director
of the RFE Polish Language Service:
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Without the Western radios in recent
years, Soviet dissidents would have been de-
prived of one of their main communication
lilies with the broad masses of people. The
solidarity of Polish workers was made possi-
ble by Western radio, acting as a communi-
cations link between strikers in various
parts of the country. Without Radio Free
Europe, the authorities would have been
able to isolate and suppress local strikes
before the news spread to the rest of the
country. Western radios remain the prime
source of information about Polish develop-
ments for other countries of the Soviet
Bloc. They also provide the means of' com-
parison with life outside the Bloc necessary
to generate dissatisfaction and pressure for
change.
Earlier this year, a cut by the previ-
ous administration in the BIB budget
for fiscal' year 1982 was restored by
the new administration and more
added to the previous year's budget.
The State Department in a report to
Congress said:
The Department of State strongly sup-
ports the maintenance of effective Radio
Free Europe/Radio Liberty and VOA broad-
cast capabilities. In- this regard, I am
pleased to report that we have confirmed
with the Board for International Broadcast-
ing that the proposed $4 million cut to the
Board's fiscal year 1982 budget has been re-
stored and that a $3 million supplemental
appropriation has been added to the fiscal
year 1981 budget.
Instead of restoring funds for the
radios, the OMB has slashed their
funding.
'Recently, the President directed ICA
to take responsibility for coordination
of a major new U.S. overseas informa-
tion program in response to the Soviet
Unions growing global campaign to
undercut -U.S. foreign policy objec-
tives. This activity, to be called Project
Truth, is a counteroffensive to reveal
Soviet disinformation efforts and to
spread the truth about U.S. policy and
objectives. When Project Truth was
proposed to the President, his reaction
was that "this could be the greatest
weapon of all."
Also, the administration has an-
nounced that in an effort to tell the
truth'to Cuba we are going to estab-
lish a radio, to be called Radio Marti,
which will cost $10 million the first
year. "This administration has decided
to break the Cuban Government's con-
trol of information on Cuba," Richard
Allen, the President's security adviser,
is quoted as saying.
These are new responsibilities being
undertaken by the administration. Un-
fortunately, in the past few years, the
effectiveness of U.S. broadcasting to
the Soviet Union and Eastern Europe
has been systematically reduced, due
to inadequate budgets. On April 1,
1,981, the distinguished Republican
leader, BOB MICHEL, said this about
the radios and national security:
We are in grave danger of losing the war
of ideas carried on throughout the world.
How close we are of losing may be debat-
able-what is not debatable is the unques-
tioned fact that the Soviet Union and its
allies outspend the United States and its
allies on information-and, in the Soviet
case, disinformation-program.
The time has come to recognize that the
U.S. International Communicaton Agency-
including its international broadcasting sec-
tion, the Voice of America-and Radio Free
Buorpe and Radio Liberty need to be seen
as part of our national security system, as
vital and as necessary to our survival and
programs as weapons, manpower, and stra-
tegic concepts.
ICA'S budget has been reduced by
12 percent. To apply the OMB's cut to
the Voice of America, according to
ICA, would mean cutting its weekly
broadcast. schedule by more than 25
percent, widening the gap between
Soviet and U.S. broadcasts. Moreover,
the cut would mean the closing of 37
posts, many in sensitive areas. These
37 ICA posts out of 200 would include
15 country program operations and 22.
posts as follows:
Country programs operations:
Benin, Burundi, Iraq, Ireland, Leba-
non, Lesotho, Luxembourg, Mali,
Malta, Mauritania, Papua/New
Guinea, Rwanda, Swaziland, Switzer-
land, and Upper Volta.
Branch posts: Sydney, Australia;
Belo Horizonte, Porto Algere, Recife,
Rio de Janerio, and Salvador, Brazil;
Toronto, Canada; Valparaiso, Chile;
Cali and Medellin Colombia; Guaya-
quil, Ecuador, New Delhi, 'India;
Medan, Indonesia; Kwangju and
Taegu, Korea; Guadalajara and Mon-
terrey, Mexico; Davao, Philippines;
Dharan, Saudi Arabia; Barcelona,
Spain; Izmir, Turkey; and Maracaibo,
Venezuela. _
To save VOA and the overseas oper-
ation from such drastic cuts, ICA pro-
poses to concentrate the cuts on its
public diplomacy functions. To do so,
however, United States/Poland and
United States/Soviet exchange pro-
grams would be severely affected, a se-
rious development at this juncture. On
the other hand, recent demonstrations
in London, Brussels, Paris, Rome, and
Bonn against modernization of nuclear
theatre forces give evidence of a vast
gap between Europeans and Ameri-
cans on vital issues. Our educational
exchanges should not be permitted to
suffer.
To shortchange our international in-
formation programs, cultural ex-
changes, scholarships, and foreign
broadcasting would be pennywise and
pound foolish. Our radios, particular-
ly, are key elements of our security
effort. We have history and truth on
our side, yet the Soviets have a tech-
nological advantage. We must recog-
nize the responsibilities and challenges
we face and make the policy and
budget decisions. necessary to gain the
technological edge we need to win.
The motion to recommit will help
preserve the ICA and BIB from the
misapplied calculations of OMB non-
experts. I appeal for your support of
the. motion to recommit.
Frankly; Mr. Speaker, when I listen
with awe to my leaders, Mr. Lorr and
Mr. MICHEL, who will follow me, when
I see heavyweights like the chairman
of the committee, the chairman of the
subcommittee, the ranking member,
H 7929
all speaking against my position, I feel
like the bastard at a family reunion.
But I stand here before the Members
in righteousness, knowing my position
is correct.
I would like to review a few points.
Let me again quote from a recent
State Department report on the
radios:
Without the Western radios, Soviet dissi-
dents would have been deprived of their
main communication lines with broad
masses of people. The Solidarity of the
Polish workers is made possible by Western
radio. Without Radio Free Europe the au-
thorities would have been able to isolate
and suppress local strikes before the news
spread to the rest of the country. The prime
source of information about developments
of other countries in the Soviet bloc comes
from Radio Free Europe.
The Department of State has indi-
cated they strongly support the radios.
Yet, now they are bludgeoned into si-
lence at the time the radio budgets are
being gutted.
When my dear friend the minority
leader takes the floor, I hope he will
remind the House of his strong sup-
port of the radios and then try to rec-
oncile that with his inability to accept
the funds in my motion to recommit.
Then I would also like to point out
to you that the ICA, which is being
the most drastically cut, has recently
been directed by the President to take
responsibility -for what they call a
major new U.S. overseas information
program. Now, explain to me how one
can start a major new U.S. overseas
program when 30 percent of one's
budget is cut? Yet that is what the fig-
ures before us provide. My figures
would give some flexibility to the ICA
and BIB.
We have to have an understanding
of just where we are cutting and who
we are hurting here. For example, in
the ICA, unless my motion to recom-
mit is accepted, the items that will be
cut from. the budget include country
program operations in Iraq-I need
not tell you how sensitive a country
Iraq is-Lebanon, and Lebanon is a
sensitive country, Mauritania, Burun-
di, Rwanda, key countries in Central
Africa; India, Indonesia, Saudi Arabia,
which just received our AWACS, but
we are going to cut out some of our
programing there; Spain, Turkey,
Western countries on the edge of anar-
chy.
And yet here we are retreating from
our obligation to tell the American
story there because of what- I consider
penny-wise and pound-foolish ap-
proaches.
When this bill was on the floor 5
weeks ago, I supported it. I would sup-
port it now if my figures are accepted.
Mr. BROOMFIELD. Mr. Speaker, I
yield the balance of my time, 2 min-
utes, to the gentleman from Illinois,
the distinguished minority leader.
(Mr. MICHEL asked and was given
permission to revise and extend his re-
marks.)
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H 7930
Mr. MICHEL. Mr. Speaker, I obvi-
ously rise in support of this bill.
I want to first congratulate the
chairman of the committee, the gen-
tleman from Wisconsin (Mr. ZA-
.BLOCKI), the gentleman from Florida
(Mr. FASCELL), and the gentleman
from Michigan (Mr. BROOMFIELD) on
our side, for their spirit of cooperation
in bringing this bipartisan administra-
tion-supported bill to the floor.
When I came to my desk this morn-
ing, I noted, as most of you did, a
"Dear Colleague" letter signed by my
good friend, the gentleman from Illi-
nois, and seven of our colleagues. The
letter was In support of a motion to re-
commit, and here I quote, "to correct
the dubious budget allocations" in the
amendment now before us. I took par-
ticular interest in that letter because
it quoted this Member at length. The
quotation was from remarks I inserted
in the REcoRD early in the year in sup-
port of strengthening the U.S. Inter-
national Communications Agency. I
will not repeat that quotation here be-'
cause of the time restaints put upon
us, but the gentleman from Illinois is
very clever. He is smart. He has been
around a long time. There was an im-
plied suggestion that because a motion
to recommit is usually reserved for the
minority a quote from the minority
leader would in turn suggest to most
that I supported this motion to recom-
mit.
Let me make it abundantly clear. I
am absolutely opposed to the motion
to recommit of the gentleman from Il-
linois. He has his own little ax to grind
in this particular case, and I under-
stand his good and noble intentions.
I have to support the measure as is.
This was a compromise with the other
side put together in my office. It is a
commitment that I am bound to keep.
I stand behind it, and Members on my
side particularly will have to under-
stand that our word is only as good as
our bond here. For that reason on this
issue I have to oppose my friend, the
gentleman from Illinois, who in most
cases is on the right side of the issue,
but on this one I think he has carried
it a little bit too far.
Admittedly, there are adjustments,
particularly in the communications
agency, that ought to be made in-
house. I think the subcommittee
chairman, the gentleman from Florida
(Mr. FASCELL) in his remarks earlier, if
I followed them correctly, hit the
target, and I would subscribe to the
views that he expressed at that time
and would urge the Members on this
side, and the majority side, again to
reject the motion to recommit and get
on with passage of this State Depart-
ment authorization bill.
Mr. FASCELL. Mr. Speaker, to con-
clude the debate on this side, I yield 1
minute to the -distinguished chairman
of the Foreign Affairs Committee, the
gentleman from Wisconsin (Mr. ZA-
BLOCKI).
CONGRESSIONAL, RECORD -- HOUSE October 29, 19?1
(Mr. ZABLOCKI asked and was
given permission to revise and extend
his remarks.)
Mr. ZABLOCKI. Mr. Speaker, I will
only take I minute. May I: have the at-
tention of the gentleman from Illinois
(Mr. DERWINSKI) to state the parlia-
mentary situation as I perceive it.
What would happen if the gentle-
man's motion to recommit with
instructions should prevail? In my
opinion such an action could kill the
bill because it would violate the agree-
ment that we have on both sides re-
garding the content of the legislation.
Then what the gentleman desires
and what we desire to accomplish is
lost.
Would the gentleman agree?
Mr. DERWINSKI. No; because the
chairman knows that the instructions
call for the same to be reported back
to the House forthwith, which means
30 seconds later.
The gentleman from Illinois (Mr.
MICHEL) is going to vote for final pas-
sage regardless of the final form.
0 1600
The SPEAKER pro tempore. Pursu-
ant to House Resolution 257, the pre-
vious question is ordered on the
amendment and on the bill.
. The question is on the motion of-
fered by the gentleman from Florida
(Mr. FASCELL).
The motion was agreed to.
The SPEAKER pro tempore. The
question is on the third reading of the
Senate bill,
The Senate bill was ordered to be
read a third time, and was read the
third time.
MOTION TO RECOMMIT WITH :INSTRUCTIONS
OFFERED BY MR. DERWINSKI
Mr. DERWINSKI. Mr. Speaker, I
offer a motion to recommit with
instructions.
The Clerk read as follows:
Mr. DERWINSKI moves that the Senate bill
S. 1193 as amended be committed to the
Committee on Foreign Affairs with instruc-
tions to report the same to the House forth-
with with the following amendments:
Amend the amendment as follows (page
and line numbers are to H.R. 4814):
On page 2: line 8, strike "$1,245,637,000"
and in lieu thereof insert "$1,233,637,000";
In line 9, strike "$1,248,059,000" and in
lieu thereof insert "$1,238,059,000" In line 11, strike "$503,462,000" and in lieu
thereof insert "$479,462,000";
In line 12, strike "$514,436,000" and in lieu
thereof insert "$481,436,000"; and
-On page 39: line 16, strike "$494,034,000"
and in lieu thereof insert "$520,034,000";
and
In line 17, strike "$482,340,000" and in lieu
thereof insert "$520,340,000"; and
On page 47, line 2, strike "$86,519,000"
and in lieu thereof insert "$96,519,000"; and
strike "$98,317,000" and in lieu thereof
insert "$103,317,000".
The SPEAKER pro tempore. The
gentleman from Illinois (Mr. DER-
WINSKI) is recognized for 5 minutes.
(Mr. DERWINSKI asked and was
given permission to revise and extend
his remarks.)
Mr. DERWINSKI. Mr. Speaker, -at
times this afternoon I have 1 felt like a
voice shouting in the wilderness. I am
amazed at some of the gyrations dh
the part of some of my colleagues. I
wish they were as interested in the
condition of foreign affairs 5 weeks .
ago as they are today, but even a be-
lated convert to an appreciation of in-
ternational affairs is appreciated.
Let me run through the fact of life
for some Members on why this motion
to recommit is in order.
First, there was a statement made
that this will delay the bill. It will, for
30 seconds, just as long as it takes for
us to?bring it back to the House.
I believe the motion to recommit will
strengthen the hand of the House con-
ferees in conference with the Senate.
What we specifically do-and I want
the Members to be on record, knowing
that deep in their hearts they know
we are doing the right thing-is to re-
store a total of $64 million to the In-
ternational Communication Agency
for 2 years, and $15 :million for the
Board for International Broadcasting,
which is Radio Free Europe and Radio
Liberty.
Earlier my dear friend, the distin-
guished Republican leader, had re-
ferred to a statement he made Ti
April 1 which he still maintains-qf
course, April 1 is April Fool's Day; a
strange coincidence-but at the time
my dear friend said as follows:
The time has come to recognize that the
United States International Communica-
tions Agency, including its international sec-
tion, The Voice of America and Radio Free
Europe and Radio Liberty, need to be seen
as part of our national security system, as
vital and as necessary to our survival in pro-
grams as weapons, manpower, and strategic
concepts.
Now, therefore, inspired by the ora-
tory, I have worked hard since then to
see that the misguided budget cuts
coming from OMB do not damage
those radio entities that my leader so
nobly defends, so the Members will
understand the inspiration for my po-
sition in additiorA to my own strong-
held views.
I would also like to point out that it
is fine for the gentleman from Wiscon-
sin and the gentleman from Florida to
give verbal assurances that they will
do the best they can in the conference
with the Senate. But the motion to re-
commit with instructions is the only
ball game in town at this time. If
Members want to have funds designat-
ed for Radio Free Europe, for the ICA,
if they do not support the motion to
recommit they are merely trusting ne-
gotiations with the other body, which
has shown itself reluctant these days
to meet the House halfway.
The other point I would like to make
to my dear friend from Mississippi is
that my figures merely transfer funds
and that the figures I propose are
within the budget request. So, if some-
one is concerned about the sacredness
of the budget request, we do not vio-
late it.
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.October 29, 1981 CONGRESSIONAL RECORD - HOUSE
Mr. SOLARZ. Mr. Speaker, will the
gentleman yield? -
Mr. DERWINSKI. I am pleased to
yield to the gentleman from New
York.
Mr. SOLARZ. Mr. Speaker, I thank
the gentleman for yielding. Any
motion offered by my. good friend
from Illinois is automatically deserv-
ing of the most serious consideration,
and in this instance, I want to say very
frankly that I am inclined to support
it, but I would like to ask one question.
Would the resources which this
amendment would transfer out of the
account for international organiza-
tions in any way put us in default of
our obligations to the United Nations
or any of its member agencies?
Mr. DERWINSKI. No. If the gentle-
man will look at the figures for the
original request which was rejected 5
weeks ago, it was lower at that point
than the figures that remain in the
bill after my motion to recommit. In
fact, after my motion to recommit
there is an additional $10 million for
ferences for fiscal year 1982, and an
additional $12 for fiscal year 1983.
Also, I would like to point out that
the real issue here is the funds for
ICA, $64 million over the 2 years, and
primarily that would permit the main-
tenance of certain facilities, some of
which I ticked off earlier-very key
countries, and of course some of the
exchange programs which are so valu-
able.
To sum up, Mr. Speaker, may I say
that I do not like to tangle with the
leadership as I have. But my concern
is for legitimate allocation of funds in
foreign affairs.
The SPEAKER pro tempore. The
time of the gentleman from Illinois
has expired.
Mr. FASCELL. Mr. Speaker, I rise in
opposition to the motion to recommit.
I think the issue is well known to ev-
erybody. The motion to recommit is
not the only game in town. We have
conferenceable issues. We are ready to
go to conference. Adjustments are
going to be necessary with respect to
the cultural and educational programs
we are going to provide for, as we have
pointed out earlier.
So, I think it would be a mistake to
change the pending bill by a motion to
recommit. As a matter of fact, we will
actually have more flexibility between
the Senate bill and House bill as we go
to conference to adjust these matter. I
would urge my colleagues to vote
down the motion to recommit.
The SPEAKER pro tempore. With-
out objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The
question is on the motion to recommit.
The question was taken; the Speaker
pro tempore announced that the nays
appeared to have it. -
Mr. DERWINSKI. Mr. Speaker, I
object to the vote on the ground that
a quorum is not present and make the
point of order that a quorum is not
present.
The SPEAKER pro tempore. Evi-
dently a quorum is not present.
The Sergeant at Arms will notify
absent Members.
The vote was taken by electronic
device, and there were-yeas 63, nays
318, not voting 52, as follows:
[Roll No. 2887
YEAS-63
Anderson Early O'Brien
Annunzio Eckart Petri
Applegate English Porter
Archer Erlenborn Ritter
Ashbrook Evans (DE) Roemer
Beard Evans (IN) Rostenkowski
Biaggi Fary Roth
Broyhill Gray Scheuer
Burgener Hyde Schulze
Burton, Phillip Kastenmeier Shamansky
Butler Kemp Sharp
Carman LaFalce Simon
Clinger Lantos Solarz
Conable LeBoutillier Solomon
Coughlin- Lungren Spence
Courter Marks Vento
Dannemeyer McClory Walgren
DeNardis McDonald Walker
Derwinski McGrath Watkins
Donnelly Moore Weaver
Dougherty Murphy Yates
NAYS-318
Addabbo Dicks Hansen (UT)
Akaka Dingell Harkin
Albosta Dixon Hartnett
Andrews Dorgan Hatcher
Anthony Doman Hawkins
Aspin Dowdy Heckler
Atkinson Downey Hefner
AuCoin Dreier Heftel
Badham Duncan Hendon
Bafalis Dunn Hertel
Bailey (MO) Dwyer Hightower
Bailey (PA) Dymally Hiler
Barnes Dyson Hillis
Bedell Edwards (AL) Holland
Benedict Edwards (CA) Hollenbeck
Benjamin Edwards (OK) Hopkins
Bennett Emerson Horton
Bereuter Emery Howard
Bethune Erdahl Boyer
Bevill Ertel Hubbard
Bingham Evans (GA) Huckaby
Blanchard Evans (IA) Hughes
Bliley Fascell Hunter
Boggs Fenwick Hutto
Boland Ferraro Jacobs
Boner Fiedler Jeffords
Bontor Fields Jeffries
Hooker Findley Jenkins
Bouquard Fithian Johnston
Bowen Flippo Jones (OK)
Brinkley Foglietta Jones (TN)
Brodhead Foley Kazen
Brooks Ford (MI) Kildee
Broomfield Ford (TN) Kindness
Brown (CA) Forsythe Kogovsek
Brown (CO) Frank Kramer
Brown (OH) Frenzel Lagomarsino
Byron Fuqua Latta
Carney Gaydos Leach
Chappie Gejdenson Leath
Cheney Gephardt Lee
Chisholm Gibbons Lehman
Clausen Gingrich Leland
Coats Glickman Lent
Coleman Gonzalez Levitas
Collins (IL) Goodling Livingston
Collins (TX) Gore Loeffler
Conte Gradison Long (LA)
Conyers Gramm Long (MD)
Coyne, James Green Lott
Craig Gregg Lowery (CA)
Crockett Grisham Lowry (WA)
Daniel, Dan Guarini ' Lujan
Daniel, R. W. Gunderson Lundine
Danielson Hagedorn Madigan
Daschle Hall (OH) Markey
Davis Hall, Sam Marlenee
de la Garza Hamilton Marriott
Deckard Hammerschmidt Martin (NC)
Derrick Hance Martin (NY)
Dickinson Hansen (ID) ' Matsui
Mattox Pickle Smith (NJ)
Mavroules Price Smith (OR)
Mazzoli Pritchard Smith (PA)
McCollum Pursell Snowe
McDade Rahall Snyder
McEwen Range] Stangeland
McHugh Ratchford Stanton
McKinney Regula Staton
Mica Reuss Stratton
Michel Rhodes Studds
Mikulski Richmond Stump
Miller (CA) Rinaldo Swift
Miller (OH) Roberts (KS) Synar
Mineta Roberts (SD) Tauzin
Minish Robinson Taylor
Mitchell (NY) Rodino Thomas
Moakley Roe Trailer
Moffett Rogers Trible
Molinari Rose Udall
Mollohan Rosenthal Vander Jagt
Montgomery Roukema Volkmer
Moorhead Rousselot Wampler
Morrison Roybal Weber (MN)
Murtha Rudd Weber (OH)
Myers Russo Weiss
Natcher Sabo White
Neal Santini Whitehurst
Nelligan Savage Whittaker
Nelson Sawyer Whitten
Nichols Schneider Williams (MT)
Nowak Schroeder Williams (OH)
Oakar Schumer Winn
Oberstar Selberling Wirth
Obey Sensenbrenner Wolf
Ottinger Shannon Wolpe
Oxley Shaw Wortley
Panetta Shelby Wright
Parris Shumway Wyden
Pashayan Shuster Wylie
Patman Siljander Yatron
Patterson Skeen Young (AK)
Paul Skelton Young (FL)
Pease Smith (AL) Young (MO)
Perkins Smith (IA) Zablocki
Peyser Smith (NE) Zeferetti
NOT VOTING-52
Alexander Fazio McCurdy
Barnard Fish Mitchell (MD)
Bellenson Florio Mottl
Bolling Fountain Napier
Breaux Fowler Pepper
Burton, John Frost Quillen
Campbell Garcia Railsback
Chappell Gilman St Germain
Clay Ginn Stark
Coelho Goldwater Stenholm -
Corcoran Hall, Ralph Stokes
Coyne, William Holt Tauke
Crane, Daniel Ireland Washington
Crane, Philip Jones (NC) Waxman
D'Amours Lewis Whitley
Daub -Luken Wilson
Dellums Martin (IL)
Edgar McCloskey
^ 1415
The Clerk announced the following
pairs:
On this vote:
Mr. Mottl for, with Mr. Garcia against.
Mr. BRODHEAD and Mr. AuCOIN
changed their votes for "yea" to
"nay.' -
Mr. CARMAN changed his vote
from "nay" to "yea."
So the motion to recommit was re-
jected.
The result of the vote was an-
nounced as above recorded.
The SPEAKER pro tempore. The
question is on the passage of the
Senate bill, as amended.
RECORDED VOTE
Mr. FASCELL. ' Mr. Speaker, I
demand a recorded vote.
-A recorded vote was ordered.
The vote was taken by electronic
device, and there were-ayes 317, noes
58, not voting 58, as follows:
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H 7932
CONGRESSIONAL RECORD - HOUSE
[Roll No. 2891 Thomas
Traxler
AYES-317 Trible
Addabbo
Fields
McCollum
Akaka
Findley
McDade
Albosta
Fithian
McGrath
Andrews
Flippo
McHugh
Annunzio
Foglietta
McKinney
Anthony
Foley
Mica
Archer
Ford (MI)
Michel
Aspin
Ford (TN)
Mikulski
Atkinson
Forsythe
Miller (CA)
AuCoin
Frank
Miller (OH)
Badham
Frenzel
Mineta
Bafalis
Fuqua
Minish
Bailey (MO)
Gaydos
Mitchell (NY)
Bailey (PA)
Gejdenson
Moakley
Barnes
Gephardt
Moffett
Beard
Gibbons
Molinari
Bedell
Gingrich
Mollohan
Benedict
Glickman
Montgomery
Benjamin
Gonzalez
Moore
Bennett
Goodling
Morrison
Bereuter
Gore
Murtha
Bethune
Gradison
Myers
Bevill
Gramm
Natcher
Biaggi
Gray
Neal
Bingham
Green
Nelligan
Blanchard
Gregg
Nelson
Bliley
Grisham
Nowak
Boggs
Guarini
O'Brien
Boland
Gunderson
Oakar
Boner
Hagedorn
Oberstar
Bonior
Hall (OH)
Obey
Bonker
Hamilton.
Ottinger
Bowen
Hammerschmidt Oxley
Brinkley
Hance
Panetta
Brodhead
Hansen (UT)
Parris
Brooks
Harkin
Pashayan
Broomfield
Hartnett
Patman
Brown (CA)
Hatcher
Patterson
Brown (OH)
Hawkins
Pease
Broyhill
Heckler
Perkins
Burgener
Heftel
Peyser
Burton, Phillip
Hendon
Pickle
Byron
Hiler
Price
Carman
Hillis
Pritchard
Chappie
Holland
Pursell
Cheney
Hollenbeck
Rahall
Chisholm
Hopkins
Rangel
Clausen
Horton
Ratchford
Clinger
Howard
Regula
Coats
Boyer
Reuss
Coleman
Hubbard
Rhodes
Collins (IL)
Huckaby
Rinaldo
Conable
Hunter
Robinson
Conyers
Hutto
Rodino
Coughlin
Hyde
Roe
Courter,
Jeffords
Rogers
Coyne, James
Jeffries
Rose
Crockett
Jenkins
Rosenthal
Danielson
Johnston
Rostenkowski
Dannemeyer
Kazen
Roth
Daschle
Kemp
Roukema
Davis
Kildee
Roybal
de la Garza
Kogovsek
Sabo
Deckard
Kramer
Santini
DeNardis
LaFalce
Savage
Derrick
Lagomarsino
Sawyer
Dicks
Lantos
Scheuer
Dingell
Latta
Schneider
Dixon
Leach
Schumer
Donnelly
LeBoutillier
Seiberling
Dorgan
Lee
Shamansky
Dorgan
Lehman
Shannon
Dougherty
Leland
Sharp
Downey
Lent
Shaw
Duncan
Levitas
Shumway
Dunn
Livingston
Shuster
Dwyer
Loeffler
Siljander
Dymally
Long (LA)
Simon
Dyson
Long (MD)
Skeen
Eckart
Lott %
Skelton
Edwards (AL)
Lowery (CA)
Smith (AL)
Edwards (CA)
Lowry (WA)
Smith (IA)
Edwards (OK)
Lujan
Smith (NJ)
Emery
Lundine
Smith (PA)
Erdahl
Madigan
Snowe
Erlenborn
Markey
Snyder
Ertel
Marks
Solari
Evans (DE)
Marlene
Stangeland
Evans (GA)
Marriott
Stanton
Evans (IA)
Martin (NC)
Staton
Fary
Martin (NY)
Stratton
Fascell
Matsui
Studds
Fenwick
Mavroules
Swift
Ferraro
Mazzola
Synar
Fiedler
McClory
Taylor
Udall
Vander Jagt
Volkmer
Walgren
Wampler
Weber (MN)
Weber (OH)
Weiss Wyden
White Wylie
Whitehurst Yates
Whitten Yatron
Williams (OH) Young (AK)
Winn Young(FL)
Wirth Young (MO)
Wolf Zablocki
Wolpe Zeferetti
Wortley
NOES-58
Anderson Hefner Rousselot
Applegate Hertel Rudd
Ashbrook Hughes Russo
Bouquard Jacobs Schroeder
Brown (CO) Jones (OK) Schulze
Carney Jones (TN) Sensenbrenner
Collins (TX) Kastenmeler Shelby
Craig Kindness Smith (NE)
Daniel, Dan Leath Smith (OR)
Daniel, R. W. Lungren Solomon
Derwinski McDonald Spence
Dickinson McEwen Stump
Dowdy Moorhead Tauzin
Dreier Murphy Vento
Early Paul Walker
Emerson Petri Watkins
English Ritter Weaver
Evans (IN) Roberts (KS) Whittaker
Hall, Sam Roberts (SD)
Hansen (ID) Roemer
October 29, 1981,
Mr. Edgar with Mr. William J. Coyne. -
So the Senate bill, as. amended, was.
passed.
The result of the vote was an-
nounced as above recorded.
A motion to reconsider was laid on
the table.
APPOINTMENT OF CONFEREES ON S. 1193, DE-
PARTMENT OF STATE AUTHORIZATION ACT,
FISCAL YEARS 1982 AND 1983
Mr. FASCELL. Mr. Speaker, pursu-
ant to House Resolution 257, I move
that the House insist on its amend-
ment to the Senate bill, S. 1193, and
request a conference with the Senate
thereon.
The' SPEAKER pro tempore. The
question is on the motion offered by
the gentleman from Florida (Mr. FAS-
CELL).
The motion was agreed to.
The SPEAKER pro tempore. With-
out objection, the Chair appoints the
following conferees: Messrs. ZABLOCKI,
FASCELL, YATRON, MICA, BROOMFIELD,
NOT VOTING-58 DERWINSKI, and WINN.
Alexander Fish Mottl As additional conferees, solely for
Barnard Florio Napier consideration of proposed section 206
Beilenson Fountain Nichols of the State Department Basic Au-
Bolling Fowler Pepper
Breaux Frost Quillen thorities Act of 1956, as contained in
Burton, John Garcia Railsback section 120(a) of the House amend-
Campbell Gilman Richmond ment and section 120(e) of the House
Chappell Ginn St Germain amendment: Messrs. DELLUMS, FAUNT-
Clay Goldwater Stark ROY, and MCKINNEY.
Coelho Hall, Ralph Stenholm
JeM was no objection.
Conte Holt Stokes 3
Corcoran Ireland Tauke
Coyne, William Jones (NC) Washington
Crane, Daniel Lewis Waxman
Crane, Philip Luken Whitley
D'Amours Martin (IL) Williams (MT)
Daub Mattox Wilson
Dellums McCloskey Wright
Edgar McCurdy
Fazio Mitchell (MD)
^ 1430
The Clerk announced the following
pairs:
On this vote:
Mr. Stokes for, with Mr. Mottl against.
Mr. Fountain for, with Mr. Mattox
-against.
Mr. Mitchell of Maryland for, with Mr.
Nichols against.
Mr. Conte for, with Mr. Napier against.
Until further notice:
Mr. Richmond with Mr. Quillen..
Mr. Pepper with Mr. Railsback.
Mr. McCurdy with Mr. Tauke.
Mr. Waxman with Mr. Campbell.
Mr. Chappell with Mr. Daub.
Mr. 1 azio with Mr. Corcoran.
Mr. D'Amours with Mr. Lewis.
Mr. Coelho with Mr. Daniel B. Crane.
Mr. Barnard with Mr. Ralph M. Hall.
Mr. Alexander with Mr. Philip M. Crane.
Mr. Dellums with Mrs. Martin of Illinois.
Mr. Wright with Mr. McCloskey.
Mr. Stark with Mrs. Holt.
Mr. Breaux with Mr. Fish.
Mr. Ginn with Mr. Gilman.
Mr. Fowler with Mr. Ireland.
Mr. Clay with Mr. Frost.
Mr. Beilenson with Mr. Florio.
Mr. John L. Burton with Mr. Garcia.
Mr. Jones of North Carolina with Mr.
Luken.
Mr. Wilson with Mr. St Germain.
Mr. Williams of Montana with Mr. Whit-
ley.
Mr. Washington with Mr. Stenholm.
^ 1445
PERMISSION FOR COMMITTEE
ON FOREIGN AFFAIRS TO
HAVE UNTIL 5 P.M. TOMOR-
ROW TO FILE REPORT ON
HOUSE JOINT RESOLUTION 349
Mr. FASCELL. Mr. Speaker, I ask
unanimous consent that the Commit-
tee on Foreign Affairs may have until
5 p.m., Friday, October 30, 1981, to file
a report on the joint resolution (H.J.
Res. 349) to authorize participation of
the United States in a multinational
force and observers to implement the
treaty of peace between Egypt and
Israel.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Florida?
Mr. WALKER. Reserving the right
to object, Mr. Speaker, I do so simply
to ask the gentleman from Florida
whether or not this has been cleared
with the minority.
Mr. FASCELL. If the gentleman will
yield, yes, it has.
Mr. WALKER. I thank the gentle-
man, and I withdraw my reservation
of objection.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Florida?
There was no objection.
MESSAGE FROM THE
PRESIDENT
A message in writing from the Presi-
dent of the United States was commu-
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