CONGRESSIONAL RECORD-SENATE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86B00338R000200300002-7
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 21, 2016
• Document Release Date: August 22, 2008
• Sequence Number: 2
• Publication Date: October 3, 1984
• Content Type: OPEN SOURCE

Approved For Release 2008/08/22 : CIA-RDP86B00338R000200300002-7
S 13030 CONGRESSIONAL RECORD - SENATE October 3, 1984
Foreign Relations and Select Committee on
Intelligence of the Senate and the Commit-
tee on Foreign Affairs and Permanent
Select Committee on intelligence of th
House of Representatives a report on th
travel, accomodations, and facilities within
the United States of official representatives
to the United States of any foreign govern-
ment that engages in intelligence activities
within the United States harmful to the na-
tional security of the United States and the
respective numbers, status, privileges and
immunities, travel, accommodations; and fa-
(c) Section 203 of the State Department
Basic Authorities Act of 1956 (22 U.S.C.
4303) is amended-
(1) in subsection (a) by striking out the
fifth sentence; and
(2) by amending subsection (b) to read as
follows:
"(b) There shall also be a Deputy Director
of the Office of Foreign Missions. Either
the Director or the Deputy Director of such
Office shall be an individual who has served
in the United States Foreign Service, while
the other of the two shall be an individual
who has served in the United States intelli-
gence community."
(d) The amendments made by subsection
(c) shall apply only with respect to any ap-
pointment of a Director or Deputy Director
of the Office of Fbreign Missions, as the
case may be, after the date of enactment of
this section.
Mr. LEAHY. Mr. President, first I
renew my unanimous-consent request
that I be allowed to do this.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. LEAHY. Mr. President, this
amendment has two sections. The first
is a housekeeping provision for the
CIA. It gives the CIA the authority to
hire their own security guards to pro-
tect its real property in the United
States, rather than relying on the
General Services Administration.
The second section deals with offi-
cial representation of foreign govern-
ments that conduct hostile intelli-
gence operations inside the United
States. It expresses the sense of Con-
s"' of U.S. representatives in those coun-
tries. An annual report to the appro-
priate committees of Congress is also
required.
COUNTERINTELLIGENCE AND OFFICIAL Finally, the amendment lifts a re-
REPRESENTATION quirement that the Director of the
SEC. 02. (a) It is the sense of the Con- Office of Foreign Missions must be a
gress that the numbers, status, privileges foreign service officer.
and immunities, travel, accommodations, The language of the second section
and facilities within the United States of of-
ficial representatives to the United States of takes into account the concerns of the
any foreign government that engages in in- Foreign Relations Committee, which
telligence activities within the United States objected to a mandatory requirement
harmful to the national security of the of equivalence that was originally rec-
United States should not exceed the respec- ommended by the Intelligence Com-
tive numbers, status, privileges and immuni- mittee.
ties, travel, accommodations, and facilities Mr. HATFIELD. Mr. President, will
within such country of official representa- the Senator yield for a question? It is
tives of the United States to such country, my understanding that this amend-
amend-
(b) Beginning one year after the date of
enactment of this section, and at intervals ment has been cleared with the Sub-
of one, year thereafter, the President shall committee on Defense headed by the
prepare and transmit to the Committee on Senator from Alaska, Mr. STEVENS.
On that basis, Mr. President, I would
be willing to accept the amendment at
this time.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment.
The amendment (No. 7019) was
agreed to.
HY. Mr. President, I move
amendment was agreed to.
Mr. RUDMAN. Mr. President, I
move to lay that motion on the table.
The motion to lay on the table was
agreed to.
AMENDMENT NO. 7020
Mr. RUDMAN. Mr. President, I send
an amendment to the desk which is an
amendment to committee amendment
34 of the joint resolution.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from New Hampshire [Mr.
RUDMAN], for himself, Mr. THURMOND, Mr.
PACKWOOD, and Mr. METZENBAUM, proposes
an amendment numbered 7020.
At the end of section 137, add the follow-
ing new subsection:
"(e) Section 510 of Public Law 98-411 is
hereby repealed."
Mr. RUDMAN. Mr. President, I will
attempt very briefly to my colleagues
to explain what this amendment is.
This is offered in behalf of the chair-
man of the Judiciary Committee, Sen-
ator TxmRmoND, the chairman of the
Commerce Committee, Senator PACx-
WOOD, Senator METZENSAum, and
myself.
This is a very complex issue. The
Senator from South Carolina referred
to me a few moments ago wondering in
which capacity I was acting. Well, I
would say, Mr. President, I am trying
to act in the capacity of being of some
help to the cities and towns across
America that, without the relief con-
tained in this bill, will. have serious
problems with antitrust actions
brought against them.
For the purpose of history, let me
recollect for the Senate that, on the
Commerce-State-Justice appropria-
tions bill, an attempt was made to ex-
clude FTC authority over municipali-
ties. That lost here in the Senate by a
vote of 63 to 36, or in that area.
When we went to the conference, for
a variety of reasons, we had difficul-
ties. The fact of the matter is we came
out of conference with a provision
nearly identical to the one which we
had defeated in the Senate. That
became law.
So, at present, the Federal Trade
Commission cannot act in its normal
injunctive capacity-we are not talking
about money damages-against situa-
tions in municipalities across this
country where there is obviously abuse
in a proprietary function. So that is
the history.
Where are we now?
The major problem here was caused
by a decision called the Boulder deci-
sion. The U.S. Supreme Court said
that cities and towns did not have
antitrust immunity from treble dam-
ages. As a matter of fact, there is al-
ready a verdict outstanding in Illinois
of $28.5 million against one particular
county, and there are hundreds of
other cases pending.
Make no mistake, the single most
important thing that we must do is to
assure that, when we leave town at the
end of the week, there is in law immu-
nity from antitrust damages for these
cities and towns. There is little dis-
agreement in this Chamber on that.
There is total agreement with my
friend from South Carolina and the
sponsors of this particular amendment
on that point.
The problem arises here: It is our
belief that if this Boulder repeal bill,
if you wish, originally reported by the
Senate Judiciary Committee to the
Senate, similar to what is embodied in
section 137 of this bill, goes to confer-
ence and we allow the FTC restriction
to stand, we are going to have some
difficulties in getting a bill at. all.
The mayor of Newark, NJ, put this
issue as well as anyone can put it in
testifying before the House Judiciary
Committee earlier this year. He said:
The best solution on the remedy side
would be to eliminate damages altogether
and to allow governmental plaintiffs, such
as the FTC, the Attorney General, State at-
torneys general, to bring injunctive action
to deter unfair or egregious action by local
governments.
That is precisely what we will end up
with if we adopt what is in section 137
and adopt this amendment.
We received a letter today from the
National Association of Counties and
the National Association of Towns and
Townships. I will not read the entire
letter. I ask unanimous consent that it
be printed in the RECORD at this point.
There being no objection, the letter
was ordered to be printed in the
RECORD, as follows:
OCTOBER 3. 1984.
Hon. STROM THURMOND,
Chairman, Committee on the Judiciary, U.S.
Senate, Dirksen Senate Office Building,
Washington, DC.
DEAR Ma. CHAIRMAN: The National Asso-
ciation of Towns and Townships (NATaT)
and the National Association of Counties
(NACo) support the Rudman/Thurmond,
amendment to amendment No. 34 of H.J.
Res. 648. This amendment will reauthorize
the Federal Trade Commission to bring ac-
Approved For Release 2008/08/22 : CIA-RDP86B00338R000200300002-7