INSTITUTION OF RADIO BROADCASTING TO CUBA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP95B00895R000200040044-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 21, 2016
• Document Release Date: October 27, 2008
• Sequence Number: 44
• Publication Date: March 21, 1983
• Content Type: FORM

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STAT
STAT
STAT
STAT
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'15 'NIAR iid3 P5
98TH CONGRESS
18T SESSION
S*659
To authorize the Board of International Broadcasting to provide Federal funding
for radio broadcasting to Cuba.
IN THE SENATE OF THE UNITED STATES
MARCH 3 (legislative day, FEBRUARY 23), 1983
Mr. PERCY (by request) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
A BILL
To authorize the Board of International Broadcasting to provide
Federal funding for radio broadcasting to Cuba.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SHORT TITLE
4 SECTION. 1. This Act may be cited as the "Radio
5 Broadcasting to Cuba Act."
6 DECLARATION OF ADDITIONAL PURPOSES
7 SEC. 2. Section 2 of the Board for International Broad-
8 casting Act of 1973 (22 U.S.C. 2871) is amended-
9 (1) by inserting "(a)" immediately after "SEC.
10 2."; and
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2
1 (2) by adding at the end of the section the follow-
2 ing:
3 "(b) The Congress further finds and declares-
4 "(1) that, consonant with the policy set out in
5 subsections (a) (1) and (2), radio broadcasting to Cuba
6 may be effective in furthering the open communication
7 of accurate information and ideas to the people of
8 Cuba, in particular information about Cuba; and
9 "(2) that such broadcasting to Cuba, operated in a
10 manner not inconsistent with the broad foreign policy
11 of the United States and in accordance with high pro-
12 fessional standards, would be in the national interest."
13 ADDITIONAL FUNCTIONS OF THE BOARD
14 SEC. 3. Section 4 of the Board for International Broad-
15 casting Act of 1973 (22 U.S.C. 2873) is amended by adding
16 at the end thereof the following:
17 "(c) In order to further carry out the purposes set forth
18 in section 2 of this Act, the Board is authorized to provide for
19 the open communication of information and ideas through the
20 use of radio broadcasting to Cuba. The Board may carry out
21 this subsection by means of grants, leases, or contracts (sub-
22 ject to the availability of appropriations), or such other means
23 as the Board determines will most effectively carry out the
24 purposes set forth in section 2. With respect to grants to, or
25 leases or contracts with, a separate entity or other means of
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1 carrying out broadcasting to Cuba, the Board shall have the
2 same authorities as those detailed in subsection (a) of this
3 section.
4 "(d) Radio broadcasting to Cuba under this Act shall
5 serve as a consistently reliable and authoritative source of
6 accurate, objective, and comprehensive news.
7 "(e) Any broadcasting to Cuba in accordance with sub-
8 sections (c) and (d) on the AM band (535 kHz to 1605 kHz)
9 other than that conducted by means of leasing time on com-
10 mercial or noncommercial educational radio broadcasting sta-
11 tions, shall be limited to the frequency used by the Voice of
12 America for its broadcasts from the facilities located at Mara-
13 thon, Florida. In the event that broadcasting is conducted on
14 the frequency used by the Voice of America, the Voice of
15 America broadcasting facilities located at Marathon, Florida,
16 may also be used for the purposes of this Act.".
17 ASSISTANCE FROM OTHER GOVERNMENT AGENCIES
18 SEC. 4. The Board for International Broadcasting Act
19 of 1973 is amended by adding at the end thereof the follow-
20 ing:
21 "ASSISTANCE FROM OTHER GOVERNMENT AGENCIES
22 "SEC. 12. In order to assist the Board in carrying out
23 the purposes set forth in section 2 of this Act, any agency or
24 instrumentality of the United States may sell, loan, lease, or
25 grant property (including interests therein) and may perform
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1 administrative and technical support and services at the re-
2 quest of the Board. Support and services shall be provided on
3 a reimbursable basis, which reimbursement shall be credited
4 to the appropriation from which the property, support, or
5 service was derived.".
6 MERGER OF BOARDS OF DIRECTORS
7 SEC. 5. (a) Section 11 of the Board for International
8 Broadcasting Act of 1973 is amended by adding at the end
9 thereof the following:
10 "(c) No grant may be made under this Act to Radio
11 Broadcasting to Cuba, Incorporated, or any other corporation
12 established to provide radio broadcasting to Cuba, unless
13 such corporation provides in its certificate of incorporation
14 that-
15 "(1) the Board of Directors of such corporation
16 shall consist of the members of the Board for Interna-
17 tional Broadcasting and no other members; and
18 "(2) such Board of Directors shall make all major
19 policy determinations governing the operation of such
20 corporation and shall appoint and fix the compensation
21 of such managerial officers and employees of such cor-
22 poration as it deems necessary to carry out the pur-
23 poses of this Act.
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1 Compliance with the requirements of this subsection shall not
2 be construed to make such corporation a Federal agency or
3 instrumentality.".
4 (b) The section heading for section 11 of the Board for
5 International Broadcasting Act of 1973 is amended to read
6 as follows: "MERGER OF BOARDS OF DIRECTORS".
0
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ti
S 2082
By Mr. QUAYLE:
S. 685. A bill to provide savings in the Fed-
eral Employees Compensation Act,-and for
othgr purposes; to the Committee on Labor
and Human Resources.
S. 686. A bill to amend the Age Discrimi-
nation in Employment Act of 1967 to elimi-
nate the upper age limitation of 70 years of
age, to make procedural reforms, and rein-
state the tenured faculty exemption, and
for other purposes; to the Committee on
Labor and Human Resources.
By Mr. HEINZ (for himself, Mr.
DIXON, Mr. BYRD, Mr. SPECTER, Mr.
PERCY, Mr. LEVIN, Mr. RIEGLE, Mr.
RANDOLPH, Mr. SARBANES, Mr. PELL,
and Mr. GLENN):
S. 687. A bill to amend the Federal Sup-
plemental Compensation Act of 1982 to in-
crease the number of weeks of compensa-
tion; to the Committee on Finance.
By Mr. HATFIELD:
S. 688. A bill to provide that, unless the
Government of El Salvador actively partici-
pates in negotiations with all major parties
to the conflict which are willing to partici-
pate unconditionally in negotiations forthe
purpose of achieving a cease fire and an
equitable political solution to hostilities,
U.S. military support for El Salvador shall
be terminated, with military assistance
funds to be transferred for use for develop-
ment and humanitarian assistance; to the
Committee on Foreign Relations.
By Mr. HEINZ:
S. 689. A bill entitled the Natural Gas
Policy Act Amendments of 1983; to the
Committee on Energy and Natural Re-
sources.
By Mrs. HAWKINS:
S.J. Res. 47. Joint resolution authorizing
and requesting the President to proclaim
"National Disabled Veterans Week"; to the
Committee on the Judiciary.
By Mr. McCLURE (for himself and Mr.
MATTINGLY ):
S.J. Res. 48. Joint resolution to amend the
Constitution of the United States to limit
budget outlays for a fiscal year to not more
than 20 per centum of gross national prod-
uct for such fiscal year; to the Committee
on the Judiciary.
By Mr. PERCY (for himself, Mr.
Mr. BYRD, Mr. DoIENICI,
PRESSLER, Mr. HOLLINGS, Mr. LUGAR,
Mr. INOUYE. Mr. JACKSON, Mr. DODD,
Mr. SARBANES, Mr. PROXMIRE, Mr.
ZORINSKY, Mr. CHAFES, Mr. BoscH-
WITZ, Mr. HUDDLESTON, Mr. MOYNI-
HAN, Mr. CHILES, Mr. BIDEN, Mr.
DIXON, Mr. LEVIN, Mr. HART, Mr.
KENNEDY, Mr. SASSER, Mr. DAN-
FORTH, Mr. COHEN, Mr. MATHIAS, Mr.
MITCHELL, and Mr. STEVENS):
S.J. Res. 49. Joint resolution to authorize
and request the President to proclaim the
week of April 10-16, 1983, as "A Week of Re-
membrance for the 40th Anniversary of the
Warsaw Ghetto Uprising"; to the Commit-
tee on the Judiciary.
By Mr. LEVIN (for himself, Mr.
BAUCUS, Mr. CHAFES, Mr. GLENN,
Mrs. HAWKINS, Mr. Hou.INGS, Mr.
RIEGLE, and Mr. ZORINSKY):
S.J. Res. 50. Joint resolution designating
the week beginning September 25, 1983, as
"National Adult Day Care Center Week"; to
the Committee on the Judiciary.
By Mr. DOLE (for himself and Mr.
MOYNIHAN Y
S.J. Res. 51. Joint resolution designating
May 21, 1983, as "Andrei Sakharov Day": to
the Committee on the Judiciary.
By Mr. QUAYLE (for himself, Mr.
INOUYE, Mr HATCH, Mr. SPECTER, Mr.
D'AMATO. Mr. WEICKER, Mr. HoL-
LINGS, Mr. BAUCUS, Mr. KENNEDY,
Mr. BURDICK, Mr. RIEGLE. Mr. COCH-
RAN, Mr. DECONCINI, Mr. STENNIS,
Mr. STEVENS, Mr. ANDREWS, Mr.
LUGAR, Mr. STAFFORD, Mrs. HAWKINS,
Mr. RANDOLPH, Mr. METZENBAUM, and
Mr. DODD):
S.J. Res. 52. Joint resolution to authorize
and request the President to designate the
week of April 10, 1983, through April 16,
1983, as "National Mental Health Week"; to
the Committee on the Judiciary.
SUBMISSION OF CONCURRENT
AND SENATE RESOLUTIONS
The following concurrent resolutions
and Senate resolutions were read, and
referred (or acted upon), as indicated:
By Mr. STEVENS (for Mr. THURMOND)
(for himself, Mr. STEVENS and Mr.
LAxALT):
S. Res. 79. Resolution to commend the
value of the Health Fair Program; consid-
ered and agreed to.
By Mr. BYRD:
S. Res. 80. Resolution to amend rule XV
to provide a procedure to require that
amendments to a bill or resolution be ger-
mane after a vote by three fifths of all Sen-
ators; to the Committee on Rules and Ad-
ministration.
By Mr. STEVENS (for Mr. BAKER) (for
himself and Mr. BYRD):
S. Res. 81 Resolution to direct the Senate
Legal Counsel to represent Senator MoYNI-
nAN and Senator D'AMATO in the case of Mu-
nicipal Electric Utilities Association of New
York State v Ronald W. Reagan, et al. Civil
Action No. 83-0595; considered and agreed
to.
By Mr. MOYNIHAN (for himself and
Mr. HART):
S. Con. Res. 13. Concurrent resolution to
achieve economic growth through coordina-
tion of monetary and fiscal policy; to the
Committee on Banking, Housing, and Urban
Affairs.
STATEMENTS ON INTRODUCED
BILLS AND JOINT RESOLUTIONS
PERCY (by request):
ill to authorize the Board
fol~Inier'fiational Broadcasting to pro-
vide Federal funding for radio broad-
casting to Cuba; to the Committee on
Foreign Relations.
RADIO BROADCASTING TO CUBA ACT
Mr. PERCY. Mr. President, by re-
quest, I introduce for appropriate ref-
erence a bill to provide Federal fund-
ing for radio broadcasting to Cuba.
This legislation has been requested
by the Department of State and I am
introducing the proposed legislation in
order that there may be a specific bill
to which Members of the Senate and
the public may direct their attention
and comments.
I reserve my right to support or
oppose this bill, as well as any suggest-
ed amendments to it, when the matter
is considered by the Committee on
Foreign Relations.
I ask unanimous consent that the
bill be printed in the REcoan at this
point, together with a legislative anal-
ysis, and the letter from the Assistant
Secretary of State for Congressional
Relations to the President of the
Senate dated February 24, 1983, re-
questing this legislation.
March 3, 1983
There being no objection, the mate-
rial was ordered to be printed in the
REcoxn, as follows:
S. 659
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled
SHORT TITLE
SECTION 1. This Act may be cited as the
"Radio Broadcasting to Cuba Act".
DECLARATION OF ADDITIONAL PURPOSES
SEC. 2. Section 2 of the Board for Interna-
tional Broadcasting Act of 1973 (22 U.S.C.
2871) is amended-
(1) by inserting "(a)" immediately after
"Sec. 2."; and
(2) by adding at the end of the section the
following:
"(b) The Congress further finds and de-
clares-
"(1) that, consonant with the policy set
out in subsections (a) (1) and (2), radio
broadcasting to. Cuba may be effective in
furthering the open communication of accu-
rate information and ideas to the people of
Cuba, in particular information about Cuba;
and
"(2) that such broadcasting to Cuba, oper-
ated in a manner not inconsistent with the
broad foreign policy of the United States
and in accordance with high professional
standards, would be in the national inter-
est."
ADDITIONAL FUNCTIONS OF THE BOARD
SEC. 3. Section 4 of the Board for Interna-
tional Broadcasting Act of 1973 (22 U.S.C
2873) is amended by adding at the end
thereof the following:
"(c) In order to further carry out the pur-
poses set forth in section 2 of this Act, the
Board is authorized to provide for the open
communication of information and ideas
through the use of radio broadcasting to
Cuba. The Board may carry out this subsec-
tion by means of grants, leases or contracts
(subject to the availability of appropri-
ations), or such other means as the Board
determines will most effectively carry out
the purposes set forth in section 2. With re-
spect to grants to or leases or contracts with
a separate entity or other means of carrying
out broadcasting to Cuba, the Board shall
have the same authorities as those detailed
in subsection (a) of this section.
"(d) Radio broadcasting to Cuba under
this Act shall serve as a consistently reliable
and authoritative source of accurate, objec-
tive and comprehensive news.
"(e) Any broadcasting to Cuba in accord-
ance with subsections (c) and (d) on the AM
band (535 kHz to 1605 kHz), other than that
conducted by means of leasing time on com-
mercial or non-commercial educational
radio broadcasting stations, shall be limited
to the frequency used by the Voice of Amer-
ica for its broadcasts from the facilities lo-
cated at Marathon, Florida. In the event
that broadcasting is conducted on the fre-
quency used by the Voice of America, the
Voice of America broadcasting facilities lo-
cated at Marathon, Florida, may also be
used for the purposes of this Act."
ASSISTANCE FROM OTHER GOVERNMENT
AGENCIES
SEC. 4. The Board for International Broad-
casting Act of 1973 is amended by adding at
the end thereof the following:
"ASSISTANCE FROM OTHER GOVERNMENT
AGENCIES
"SEC. 12. In order to assist the Board in
carrying out the purposes set forth in sec-
tion 2 of this Act, any agency or instrumen-
tality of the United States may sell, loan,
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March 8, 1988
CON 3RESSIONAL RECORD - SENATE S 2083
lease, or grant property (including interests
therein) and may perform administrative
and technical support and services at the re-
quest of the Board. Support and services
shall be provided on a reimbursable basis,
which reimbursement shall be credited to
the appropriation from which the property.
support, or service was derived."
MERGER OF BOARDS OF DIRECTORS
SEC. 5. (a) Section 11 of the Board for In-
ternational Broadcasting Act of 1973 is
amended by adding at the end thereof the
following:
"(c) No grant may be made under this Act
to Radio Broadcasting to Cuba, Incorporaw
ed, or any other corporation established to
provide radio broadcasting to Cuba, unless
such corporation provides in its certificate
of incorporation that-
"(1) the Board of Directors of such corpo-
ration shall consist of the members of the
Board for International Broadcasting and
no other members; and
"(2) such Board of Directors shall make
all major policy determinations governing
the operation of such corporation and shall
appoint and fix the compensation of such
managerial officers and employees of such
corporation as it deems necessary to carry
out the purposes of this Act.
Compliance with the requirements of this
subsection shall not be construed to make
such oorporation a Federal agency or instru-
mentality."
(b) The section heading for Section 11 of
the Board for International Broadcasting
Act of 1973 is amended to read as follows:
"MERGER OF HOARDS OF DIRECTORS".
U.S. DEPARTMENT OF STATE,
Washington, D.C., February 24, f98d.
Hon. GEORGE BUSH,
President of the Senate.
DEAR MR. PRESIDENT' I have the honor to
submit for the consideration of the Con-
gress a bill that would authorize the Board
for International Broadcasting to provide
federal funding for radio broadcasting to
Cuba.
I urge that the Congress give this propos-
al its early and favorable consideration.
The Office of Management and Budget
has advised that there is no objection to the
presentation of this proposal to the Con-
gress and that its enactment would be in
accord with the program of the President.
Sincerely,
PowELL A. MOORE,
Assistant Secretary for
Congressional Relations.
LEGISLATIVE ANALYSIS: RADIO BROADCASTING
TO CUBA ACT
BACKGROUND
On September 22, 1981, the President
issued Executive Order 12323 creating the
Presidential Commission on Broadcasting to
Cuba. The Commission's Final Report
strongly urged the early establishment of
radio broadcasting to Cuba, to provide the
people of Cuba with a source of accurate
and objective information, particularly
about Cuba. The Commission recommended
that such broadcasting be conducted along
the same lines as Radio Free Europe and
Radio Liberty. During the last session of
Congress, the Administration sent to the
Congress proposed legislation authorizing
funding for radio broadcasting to Cuba.
H.R. 5427, as amended, passed the House on
August 10, 1982 and, as further amended,
was favorably reported by the Senate For-
eign Relations Committee on September 9,
1982; however, one bill was never voted on
by the full Senate.
This legislation, which amends the Board
for International Braodcasting Act of 1973,
22 U.SCC. 2871 et seq., is in several respects
similar to H.R. 5427. It authorizes the Board
for International Broadcasting to provide
for federally funded broadcasting to Cuba,
In much the same way that the Board now
oversees federal grants to Radio Free
Europe and Radio Liberty.
DETAILED ANALYSIS BY SECTION
Section 2 contains the congressional find-
ings and policy statement with respect to
radio broadcasting to Cuba. It declares that
the policy already enunciated in Section 2
of the Board for International Broadcasting
Act of 1973, 22 U.S.C. 2871-promoting open
communication of information and ideas
and supporting the right to receive such in-
formation and ideas through any media and
regardless of frontiers-may be furthered by
radio broadcasting to Cuba. Subparagraph
(b)(2) links such broadcasting, operated in
accordance with high professional standards
and not inconsistently with U.S. foreign
policy, to the national interest in general.
Section 3
Section 3, amending the authority under
which the Board for International Broad-
casting now makes and supervises grardas to
Radio Free Europe and Radio Liberty, 22
u .S.C. 2873, establishes the basic authority
for the Board for International Broadcast-
ing to provide for radio broadcasting to
Cuba. Subsection (c) incorporates the rele-
vant authorities the Board for International
Broadcasting already possesses with respect
to Radio Free Europe and Radio Liberty,
and in general allows broad flexibility to the
Board to provide for broadcasting to Cuba
through grants, leases, contracts or other
means the Board deems appropriate.
Subsection (e), however, limits any broad-
casting on the AM band (535 kHz to 1605
kHz) to the leasing of time from other sta-
tions or to the frequency now used by the
Voice of America for its broadcasts from
Marathon, Florida. In the event that the
latter option is used, it is contemplated that
the Board for International Broadcasting
will consult with the U.S. Information
Agency in determining an appropriate allo-
cation of time between broadcasting to
Cuba under this Act and the broadcasts of
the Voice of America. This subsection (e)
was included to respond to concerns of
broadcasters over possible increased Cuban
interference on the present commercial por-
tion of the AM band.
Subsection (d) provides that, in accord-
ance with the distinguished tradition of
Radio Free Europe and Radio Liberty. radio
broadcasting to Cuba shall serve as a con-
sistently reliable source of accurate and ob-
jective information.
Section 4
Section 4 adds a new Section 12 to the
Board for International Broadcasting Act to
provide specific authority for the Board to
receive, on a reimbursable basis, a wide
range of assistance from other other govern-
ment agencies, including making property
and support services available. Reimburse-
ment in amounts appropriate for such inter-
agency transfers would be credited to appro-
priations available for use by the agency
furnishing the assistance.
Section 5
Section 5 amends Section 11 of the Board
for International Broadcasting Act of 1973,
22 U.S.C. 2880, to make its substance appli-
cable to broadcasting to Cuba Section 11,
added in 1982 by Section 403 of P.L. 97-241,
requires that in order for RFE/RL. Incorpo-
rated (Radio Free Europe/Radio Liberty) to
receive federal support under the Act, its
Board of Directors must consist, only of the
members of the Board for International
Broadcasting. Section 11 also requires that
the Board have actual control over the oper-
ations and management of RFE/RL, Incor-
porated and specifies that the requirements
of that section are not to be construed to
render RFE/RL, Incorporated a Federal
agency or instrumentality. Section 5 of the
Radio Broadcasting to Cuba Act applies
these provisions of Section 11 of the Board
for International Broadcasting Act to any
corporation similar to RP'E/RL, Incorporat-
ed (such as the already-existing but non-
operational Radio Broadcasting to Cuba, In-
corporated) to which the Board for Interna-
tional Broadcasting might provide support
under this Act for purposes of broadcasting
be Cuba.
S. 660. A bill to authorize appropri-
ations for fiscal years 1984 and 1985
for the Department. of State; to the
Committee on Foreign Relations.
DEPARTMENT OF STATE AUESIORILATION ACT,
FISCAL YBRRS 1984 AND 1988
Mr. PERCY. Mr. President, by re-
quest, I introduce for appropriate ref-
erence a bill authorizing appropri-
ations for fiscal yeas 1984 and 1985
for the Department of State.
This legislation has been requested
by the State Department and I am in-
troducing the proposed legislation in
order that there may be a specific bill
to which Members of the Senate and
the public may direct their attention'
and comments.
I reserve my right to support or
oppose this bill, as well as any suggest-
ed amendments to it, when the matter
is considered by the Committee on
Foreign Relations.
I ask unanimous consent that the
bill be printed in the RECOIm at this
point, together with a section-by-sec-
tion analysis, and the letter from the
Assistant Secretary of State for Con-
gressional Relations to the President
of the Senate dated March 1 request-
ing this legislation.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
S. 660
Be it enacted by the Senate and House of
representatives of the United States of Amer-
ica in Congress assembled,
TITLE I-DEPARTMENT OF STATE
SHORT TITLE
SEC. 101. This title may be cited as the
"Department of State Authorization Act,
Fiscal Years 1984 and 1985."
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 102. The following amounts are au-
thorized to be appropriated for the Depart-
ment of State to carry out the authorities,
functions, duties, and responsibilities in the
conduct of the foreign affairs of the United
States and other purposes authorized by
law:
(1) For "Administration of Foreign Af-
fairs," $1,473,713,000 for the fiscal year 1984
and $1,574,520,000 for the fiscal year 1985.
(2) For "International Organizations and
Conferences," $602,343,000 for the fiscal
year 1984 and $645,978,000 for the fiscal
year 1985.
(3) For "International Commissions,"
$23,207,000 for the fiscal year 1984 and
$27,329,000 for the fiscal year 1985.
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7 ~ r,' 1983
98TH CONGRESS
1ST SESSION
S*602
To provide for the broadcasting of accurate information to the people of Cuba, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 24 (legislative day, FEBRUARY 23), 1983
Mrs. HAWKINS (for herself and Mr. CHILES) introduced the following bill; which
was read twice and referred to the Committee on Foreign Relations
A BILL
To provide for the broadcasting of accurate information to the
people of Cuba, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Radio Broadcasting to
4 Cuba Act".
5
DECLARATION OF ADDITIONAL PURPOSES
6
SEC. 2. Section 2 of the Board for International Broad-
7 casti
ng Act of 1973 (22 U.S.
C. 2871) is amended-
8
(1) by inserting
"(a)" immediately after "SEC.
9
2."; and
STAT
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1 (2) by adding at the end of the section the follow
2 ing:
3 "(b) The Congress further finds and declares-
4 "(1) that, consonant with this policy set out in
5 subsections (a) (1) and (2), radio broadcasting to Cuba
6 may be effective in furthering the open communication
7 of accurate information and ideas to the people of
8 Cuba, in particular information about Cuba; and
9 "(2) that such broadcasting to Cuba, operated in a
10 manner not inconsistent with the broad foreign policy
11 of the United States and in accordance with high pro-
12 fessional standards, would be in the national interest.".
13 ADDITIONAL FUNCTIONS OF THE BOARD
14 SEC. 3. Section 4 of the Board for International Broad-
15 casting Act of 1973 (22 U.S.C. 2873) is amended by adding
16 at the end thereof the following:
17 "(c) In order to further carry out the purposes set forth
18 in section 2 of this Act, the Board is authorized to provide for
19 the open communication of information and ideas through the
20 use of radio broadcasting to Cuba. The Board may carry out
21 this subsection by means of grants, leases, or contracts (sub-
22 ject to the availability of appropriations), or such other means
23 as the Board determines will most effectively carry out the
24 purposes set forth in section 2. With respect to grants to or
25 leases or contracts with a separate entity or other means of
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1 carrying out broadcasting to Cuba, the Board shall have the
2 same authorities as those detailed in subsection (a) of this
3 section.
4 "(d) Radio broadcasting to Cuba under this Act shall
5 serve as a consistently reliable and authoritative source of
6 accurate, objective, and comprehensive news.
7 "(e) Any broadcasting to Cuba in accordance with sub-
8 sections (c) and (d) on the amplitude modulation (AM) band
9 (535 kHz to 1605 kHz), other than that conducted by means
10 of leasing time on commercial or noncommercial educational
11 radio broadcasting stations, shall be limited to the frequency
12 used by the Voice of America for its broadcasts from the
13 facilities located at Marathon, Florida. In the event that
14 broadcasting is conducted on the frequency used by the Voice
15 of America, the Voice of America broadcasting facilities lo-
16 cated at Marathon, Florida, may also be used for the pur-
17 poses of this Act.".
18 ASSISTANCE FROM OTHER GOVERNMENT AGENCIES
19 SEC. 4. The Board for International Broadcasting Act
20 of 1973 is amended by adding at the end thereof the follow-
21 ing:
22 "ASSISTANCE FROM OTHER GOVERNMENT AGENCIES
23 "SEC. 12. In order to assist the Board in carrying out
24 the purposes set forth in section 2 of this Act, any agency or
25 instrumentality of the United States may sell, loan, lease, or
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1 grant property (including interests therein) and may perform
2 administrative and technical support and services at the re-
3 quest of the Board. Support and services shall be provided on
4 a reimbursable basis, which reimbursement shall be credited
5 to the appropriation from which the property, support, or
6 service was derived.".
7 MERGER OF BOARDS OF DIRECTORS
8 SEC. 5. (a) Section 11 of the Board for International
9 Broadcasting Act of 1973 is amended by adding at the end
10 thereof the following:
11 "(c) No grant may be made under this Act to Radio
12 Broadcasting to Cuba, Incorporated, or any other corporation
13 established to provide radio broadcasting to Cuba, unless
14 such corporation provides in its certificate of incorporation
15 that-
16 "(1) the Board of Directors of such corporation
17 shall consist of the members of the Board for Interna-
18 tional Broadcasting and no other members; and
19 "(2) such Board of Directors shall make all major
20 policy determinations governing the operation of such
21 corporation and shall appoint and fix the compensation
22 of such managerial officers and employees of such cor-
23 poration as it deems necessary to carry out the pur-
24 poses of this Act.
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1 Compliance with the requiremcuts, of this subsection shall, not
2 be construed to make such corporation a Federal agency or
3 instrumentality.".
4 (b) The section heading for section 11 of the Board for.
5 International Broadcasting Act of' 1973 is amended to read.
6 as follows: "MERGER OF BOARDS OF DIRECTORS".
0
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S 1618
CONGRESSIONAL RECORD - SENATE February 24, 1983
I believe that it is essential that the
Senate take swift action on this legis-
lation. If we do, for the first time in a
long time the people of Cuba will be
able to listen to an alternative to gov-
ernment-censored news and programs.
When this legislation is enacted, the
Cuban people will finally hear the
truth. Access to accurate news reports
and varied opinions is something that
we in the United States take for grant-
ed. We forget sometimes that the
truth is a precious and rare commod-
ity in countries where the government
censors every broadcast and news
report. For decades, the United States
has provided the people of Eastern
Europe and the Soviet Union an alter-
native to government propaganda, and
now at long last we can provide the
same to the people of Cuba.
I believe that the people of Cuba
would soon learn to rely on Radio
Marti for information about the
world-and especially about their own
country-in the same way that the
people of Eastern Europe and the
Soviet Union rely on Radio Free
Europe and Radio Liberty. As it stands
now, the Cuban people learn the news
from either the government-controlled
media or by word of mouth. Both of
these sources are inadequate and unre-
liable. True, there are broadcasts that
reach Cuba from Florida, but these
are for the most part in English and
are designed for an American, not a
Cuban, audience.
What the people of Cuba need is a
Spanish-language broadcast with a
clear signal to alert them to events in-
volving Cuba domestically or interna-
tionally. They do not get such infor-
mation now. Most Cubans are unaware
of the mismanagement of the Cuban
economy. They do not know that
during the 1976-80 5-year plan, pro-
duction in most key sectors fell far
below planned goals. They are not
aware that the Cuban economy is ex-
pected to be even less successful at
producing jobs in the future. They are
also ignorant of the fact that govern-
ment-imposed bureaucracy, in addition
to the personal inconveniences it
causes, is stifling the innovation, pro-
ductivity, and efficiency needed to im-
prove Cuban economic conditions. The
average Cuban does not know that the
only thing that has prevented a Cuban
economic collapse has been over $13
billion in Soviet aid over the last
decade, or that Soviet subsidies now
equal over $3 billion per year, 25 per-
cent of the Cuban gross national prod-
uct. While many Cubans know from
their own experience about broken
promises concerning the availability of
housing, foodstuffs, and consumer
goods, they are uninformed that these
problems plague the great majority of
the Cuban people.
Local disinformation is also a prob-
lem. For example, the Cuban Govern-
ment points to an increase in the
number of physicians in Cuba as one
of its health care successes. In fact,
though, the number of physicians as a
percentage of the population has in-
creased marginally since the revolu-
tion, and the turn around began 5
years before the Castro takeover.
More importantly, infant mortality-a
function of illiteracy, poor nutrition,
and a rising birth rate-has increased
since Castro's revolution.
The Cuban people are also deliber-
ately kept ignorant of the Cuban Gov-
ernment's foreign adventures. Cuban
soldiers who have died in Africa have
been buried there, and those who have
been wounded have been treated in
Eastern Europe as part of a concerted
effort to hide the truth from the
people of Cuba. Closer to home, the
Castro regime has armed, trained, and
supported guerrillas from Colombia to
Nicaragua. Yet, the Cuban people are
unaware of their country's deep in-
volvement and commitment of re-
sources to international subversion, or
the diplomatic setbacks these policies
have caused.
I believe that the people of Cuba
need to know the actual outcome of
Castro's programs. Radio Marti will
accomplish this. Radio Marti will
supply the Cuban people with infor-
mation they cannot get through the
government-censored news media. It
will encourage the Cubans to draw
their own conclusions.
This new station gets its name from
Jost Marti, the leading figure in the
Cuban independence movement. He is
Cuba's greatest hero and a man held
in high regard throughout the Carib-
bean. By adopting the name "Marti,"
we have set a high performance stand-
ard for ourselves for truthfulness and
integrity. I am sure we can meet this
standard.
Some may have heard about threat-
ened radio interference from Cuba in
retaliation for Radio Marti. The
people of Florida, however, have lived
with such interference for the past 13
years. Therefore, it is a mistake to
suppose that this is related to Radio
Marti. Long before Radio Marti was
announced, Cuba declared its inten-
tion to create or expand 200 radio sta-
tions and to construct two half-mil-
lion-watt transmitters. True, interfer-
ence may affect American radio sta-
tions. However, Cuba began this ag-
gressive radio broadcasting buildup
before Radio Marti was announced.
Radio Marti is not the cause of Cas-
tro's interference. Radio Marti is only
an excuse for Castro to try to black-
mail the United States.
I believe we have a right, as a
nation, to decide our foreign policy in-
dependently, regardless of threats of a
foreign dictator. We also have the
right to expand international radio
broadcasts in conformity with interna-
tional law.
Radio Marti has broad bipartisan
support. It passed the House in the
97th Congress by a 2-to-1 margin. It
also has the support of President
Reagan and the AFL-CIO. I urge my
colleagues to renew their support for
this important proposal.
0 Mr. CHILES. Mr. President, on Jan-
uary 28, the Cuban community cele-
brated the birthdate of Jost Marti.
This man, known to his countrymen as
the apostle of the Cuban revolution,
was a man of impeccable character.
His life in exile was dedicated to work-
ing toward a free and independent
Cuba, and it was the fervor that he
displayed while trying to accomplish
this mission that gained him the title
of apostle. Jost Marti sought the
truth for his people. His dream was to
take them from under the colonial
rule of the Spanish Government and
deliver them into the light of democra-
cy. He was a strong believer in demo-
cratic principles, in the dignity of man,
and he fell in battle in defense of the
principles in which he believed. He
was a noble man; he died for a very
noble cause.
I am today joining in the introduc-
tion of legislation to establish Radio
Marti, for like the man it is named
after, it also seeks the truth for the
Cuban people.
Today, the Cuban people continue to
live in the dark. The Castro regime
would have it no other way. After 20
years, its empty promises are all too
evident in the empty cupboards of
Cuban households. The Castro regime
would be hard-pressed to explain to its
people why they must continue to
suffer shortages while their Govern-
ment commits troops into Angola, ad-
visers into Yemen and Ethiopia, and
sends arms to Nicaragua. But explana-
tions are necessary, for the Cuban
people have a right to know. Oppo-
nents of this measure contend that it
is nothing more than a hard-line pro-
paganda ploy that would only entice
the Cuban Government to retaliate by
jamming our own radio stations. I
would not sponsor and support this
measure if it was a mere propaganda
ploy. Radio Marti, like its counter-
parts. Radio Free Europe and Radio
Liberty, is to serve as an unbiased and
reliable news and entertainment
source. It will provide the Cuban
people with an alternative to the con-
trolled information they receive, in
the same way Radio Free Europe and
Radio Liberty provide alternative news
sources to the people of Eastern
Europe and the Soviet Union. If pro-
viding for the Cuban people an alter-
native news source is hard line, then
so be it.
Fear of retaliation by the Castro
regime should not dictate our foreign
policy. I do not need to remind this
distinguished body that Cuba's own
foreign policy is being exported
throughout the world in the form of
arms shipments, insurgent troops, and
the providing of safe harbor to drug
shipments being transported to the
United States. Cuba also maintains a
radio station in Grenada which broad-
casts to the Caribbean, and has inter-
fered with Florida radio stations long
before any mention of Radio Marti.
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February4, 1989
NGRESSIONAL RECORD - SENATE
ning these bullets in a letter to Con-
gressman MABIO BIAO(iI, sponsor of
identical legislation in the House,
saying: "I continue to believe that any
further delay (in adopting such legis-
lation) is a tragic mistake."
The bill we are introducing would to.
Quin the Department of the Treasury
to determine which handgun bullets,
when fired from a handgun with a
barrel 5 inches or less in length, are
capable of penetrating the equivalent
of 18 layers of Kevlar, which is the
standard composition of most police
vests. The Department would then
publish its findings in the Federal
Register. and 60 days after publication
those bullets identified would be
banned from further manufacture.
import, sale, or use-except when au-
thorized by the Secretary of the
Treasury for law enforcement or mili-
tary Purposes.
A -licensed importer. manufacturer.
or dealer who violated this act would
be subject to a fine of not more than
$10,000, imprisonment for not more
than 10 years, and revocation of their
Federal license. In addition, a person
using or carrying an illegal bullet
during the commission of a Federal
felony would be subject to a manda-
tory sentence of not less than 1 year
nor more than 10 years for the first of-
fense, and not, less than 2 years nor
more than 25 years for the second or
any subsequent offense.
During the past year, seven States-
Alabama, California, Illinois. Kansas.
Minnesota. Oklahoma. and Rhode
Island-have enacted their own laws
banning such bullets. A number of lo-
calities including Alexandria, Va..
Brookhaven, N.Y., Broward County,
F7a., Dade County. Fla, and Louisville.
Ky? have taken similar action.
Although encouraged by these no-
tions we believe the Federal Govern-
ment needs to assist State and local ju-
risdictions with their efforts to
counter the widespread distribution
and use of these lethal bullets. While
the primary responsibility for law en-
forcement should rest with the States
and localities, the Federal Govern.
ment does have a role to play. The
most effective means for keeping the
armor-piercing bullets out of the
hands of criminals is to establish a
uniform national law for the manufac-
ture. importation. sale, and use of the
bullets. This is the purpose of our leg-
islation.
Let us also be clear about what our
bill is not designed to do. Our legisla-
tion in no way attempts to limit the
availability of armor-piercing bullets
for sporting purposes, even though
most States prohibit hunters from
using such bullets as they tend to
cause prolonged suffering to animals
rather than instantaneous death. Only
bullets capable of penetrating body
armor when fired from a handgun are
to be banned; rifle ammunition would
not be covered.
Moreover, in introducing this legisla-
tion, we are not attempting To limit
Mr. President, I hope th the
Senate will act to pass this n ed leg-
islation. We owe the 'tru to the
Cuban people, and we ould not
forgo this opportunity to rovide some
measure of light to that/troubled and
oppressed land.?
By Mr. MOYNIHAN (for him-
self r. BiDim, Mr. Hrn(z, Mr.
to protect law enforce-
to the Committee on
acsamM oFFICRaa PROTECTION Acr
OF iss$
? Mr. MOYNIHAN. Mr. President, I
rise today to introduce legislation, on
behalf of myself and seven distin-
guished colleagues, that is designed to
address one of the most serious and
potentially dangerous problems facing
our Nation's 528,000 law enforcement
officers-the proliferation of so-called
cop-killer bullets. It would do so by
limiting the availability and use of
armor-piercing handgun ammunition
that can penetrate the bullet-resistant
vests worn by police.
There is an urgent need for this leg-
islation. The development of bullet-
proof vests in the mid-1970's provided
law enforcement officers with a sig-
nificantly greater degree of protection
than had previously been the case.
Indeed, these vests have so far been
credited with saving the lives of some
400 law enforcement officers. FBI sta-
tistics indicate that the number of law
enforcement officers killed in the line
of duty declined 31 percent between
1974-when such vests were first made
available to police departments--and.
1981. However, these vests are ren-
dered virtually useless by a new type
of bullet that recently has entered the
market in large numbers.
These high velocity, small caliber,
pointed bullets, made of alloy or steel
jacketed lead. have no legitimate com-
mercial use. Those companies present-
ly manufacturing armor-piercing bul-
lets claim they are intended for police
use, yet not one police department in
the country will employ them-not
only because of their awesome pene-
tration capacity, but also because they
pose greater ricochet hazards than
more conventional ammunition. James -
P. Damos. former president of the In-
ternational Association of Chiefs of
Police, has said: "We can find no le-
gitimate use for such (armor-piercing)
ammunition. either in or out of law
enforcement."
As a result, law enforcement agen-
cies are leading the call for a ban on
this type of bullet. These groups in-
clude the International Association of
Chiefs of Police. the Fraternal Ordet
of Police. the International Brother-
hood of Police Officers, and the Inter-
national Union of Police Officers. In
addition, U.S. Associate Attorney Gen-
eral Rudolph W. Giuliani recently
urged the adoption of legislation ban-
S 1619
the availability of conventional ammu-
nition to law-abiding citizens for self-
defense . and sporting purposes. The
legislation has been drafted in such a
manner as to apply only to a narrow
class of bullets capable of penetrating
bullet-resistant armor when fired from
a handgun.. Based on currently availa-
ble test data, including a Federal
Bureau of Investigation report issued
last year, the bill would ban only eight
bullets. Other commonly used types of
conventional handgun ammunition,
such as the .357 magnum, the 9mm,
the high velocity .38 special? the high-
velocity .22 long rifle, and the .44
magnum, are incapable of piercing
standard body armor and thus would
continue to be available.
Our legislation. then, is at its core a
law enforcement officers protection
bill. It is well known that law enforce-
ment is a particularly dangerous and
far too often unappreciated occupa
tion. We have entrusted law enforce-
ment officers with the tremendous re.
sponsibility of protecting us from
criminal acts-a responsibility that
often places them in life-threatening
situations. In return. It Is our duty to
protect the approximately 250,000 of-
ficers who regularly wear bulletproof
vests with the maximum possible pro-
tection from the dangers to which
they are exposed daily. We owe them
nothing less.
Mr. President, I urge my colleagues.
on behalf of the men and women of
the law enforcement community, to
join me In supporting this eminently
sensible legislation. I ask that my bill
and an informative Congressional Re-
search Service brief on the subject of
armor-piercing bullets be printed in
the Raooan at this point.
There being no ' objection. the mate-
rial was ordered to be printed in the
RECORD, as follows:
a 604
Be it enacted by the Senate and Howe of
Feyrraentatives of the United States of
America in Congress assembled;
SHORT Trrls
SacrtOH 1. This Act may be cited as the
'Jaw Enforcement Officers Protection Act
of 1983."
Sac. 2. (a) Whoever, being a licensed im-
porter, manufacturer. or dealer udder chap-
ter 44 of title 18, United States Code. Im-
ports. manufacturers, or sells a restricted
handgun bullet, except as specifically au-
thorised by the Secretary of the Treasury
for purposes of public safety or national se-
curiy, shall be fined not more than $10,000
or imprisoned not more than ten years, or
both, and the license of such person shall be
subject to revocation under such chapter.
(b) Whoever-
(1) uses a restricted handgun bullet to
commit any felony for which he may be
prosecuted in a court of the United States;
or
(2) carries a restricted handgun bullet un-
lawfully during the commission of any
felony for which be may be prosecuted in a
court of the United States;
shall, In addition to the punishment pro-
vided for the commission of such felony, be
sentenced to a term of.imprbonment for not
less than one year nor more than ten years.
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