PROPOSED PROHIBITION OF EMPLOYMENT OF FORMER/ACTIVE INTELLIGENCE PERSONNEL BY THE PROPOSED NATIONAL ENDOWMENT FOR DEMOCRACY
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CIA-RDP95B00895R000300030020-8
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Document Creation Date:
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Document Release Date:
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Sequence Number:
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Publication Date:
October 27, 1983
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October 20, 1988
In my veiw, the practical impact of
the Supreme Court decision is to
remove the value of that provision of
the War Powers Act. The uncertainty
which would surround any attempt to
exercise that provision of the act, and
the strong likelihood that the Su-
preme Court would extend Its holding
to Include the war powers area also,
deprive that procedure of any realistic
political strength. Furthermore, Mr.
President, I know that there are grave
doubts on the part of many Members
of the Congress, including myself,
about both the wisdom and the consti-
tutionality of this provi9on. Under-
most circumstances, It should require
an extraordinary majority of the Con-
gress to direct the termination of an
ongoing military operation. particular-
ly where it has already been previously authorized under the other proce-
dures of the War Powers Act. That is
essentially the position we adopted in
section 7 of the recent joint resolution
159 on Lebanon, and I think it is ap-
propriate to amend the War Powers
Resolution in this fashion. - .
Mr. President. I suggest the "absence
of a quorum
The PRESIDING OFFICER (Mr.
WI*sox). The clerk will call the roll.
The legislative clerk proceeded to
call the roll.
Mr. PERCY. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
C_ .v G RESSI ONAL RECORD - SENA'1
AMLDMC(T NO. 2350
The PRESIDING OFFICER The
question recurs on the amendment of
the Senator from West Virginia.
Mr. PERCY. Mr. President, the
amendment by the Senator from West
Virginia to the War Powers Resolution
of 1973 would conform the procedures
under that statute to the holding of
the Supreme Court in the Chadha
case last summer. It would change the
congressional veto procedure in sec-
tion 5(c) of the War Powers Resolu-
tion from a concurrent resolution to a
joint resolution and would conform
the priority procedures of section 7 of
War Powers accordingly.
Mr. President, it has been the inten-
tion of the Committee on Foreign Re-
lations to conduct a hearing on this
issue. among others, on September 29.
That hearing was overtaken by our
need to consider the resolution relat-
ing to Lebanon under the War Powers
Act during that same week. It was our
intention to reschedule that hearing
either later this year, or early next
year. _
We may still wish. to hold such a
hearing to discuss a number of pend-
ing proposals for changes in the War
Powers Resolution, but this is one
change in that resolution which, as -
the majority leader has already stated
today, would command nearly unani-
mous support in the Congress. I
strongly support the amendment of
the Senator from West Virginia. and
he has said, we should not leave in
limbo the question of how Congress
should proceed if it should decide to
oppose any particular involvement of
U.S- Armed Forces in hostilities
abroad. We should make clear how
such a legislative directive would be
considered and assure that it would be
covered by the expedited procedures
appropriate to such a grave exercise of
our re!"ponsibility under the Constitu-
tion.
Mr. Pru,'dent, I am aware that'there
are some ccmmentators and experts-
including the distinguished former
Senator from New York., Senator
Javits, whom I have consulted on this
question-who believe that the reason-
ing of the Supreme Court in the
Chadha decision does not reach the
War Powers Resolution. They would
argue, therefore, that there is still life
in the concurrent resolution veto pro-
cedure presently contained in the War
Powers Resolution, or in other words,
that section 5(c) containing that pro-
cedure vas not struck down by deci-
sion in June.
Mr. President, there may be some
merit to this argument as a matter of
constitutional law, that the war
powers area is distinguishable from
other areas of the Constitution. I took
that position and I was joined in that
position by my distinguished colleague
(Mr. PELL), the ranking minority
member of the Committee on Foreign
Relations.
Mr. BYRD. I ask unanimous consent
that the pending Byrd amendment be
temporarily set aside.
The PRESIDING OFFICER With-
out objection, it is so ordered. .
Mr. PERCY. There are one or two
amendments that will be offered by
the distinguished Senator from Wis-
consin which I believe are noncontro-
versial and which can be accepted by
both sides. -
Mr. PROXMIRE. Mr. President. I
thank the distinguished chairman of
the Foreign Relations Committee.
AMENDMENT 140. 2399
(Purchase: To deny eligibility for appoint-
ment to. or employment by. the National
Endowment for Democracy to individuals
who have engaged in Intelligence activi-
ties)
Mr. PROXMIRE. Mr. President. I
send an amendment to the desk and
ask for its immediate consideration.
The PRESIDING OFFICER The
amendment will be stated.
The legislative clerk read as follows:
The Senator from Wisconsin (Mr. Paox-
MZAE) proposes an amendment numbered
2369.
Mr. PROXMIRE. Mr. President, I
ask unanimous consent that further
reading of the amendment be dis-
pensed with
The PRESIDING, OFFICER- With-
out objection, It is so ordered.
The amendment is as follows:
At the appropriate place in the bill Insert
a new section as Iollowx
914265
No individual may be eligible for appoint
merit as an officer of the National Endow-
ment for Democracy, and no Individual may
be eligible for employment by the Endow-
Mr. PROXMIRE. Mr. President, this
amendment is designed for a single
purpose. That purpose Is to protect
the National Endowment for Democ-
racy from unwarranted attack abroad
as being an agent of the U.S. intelli-
gence community. If the goals and
programs of the Endowment are to be
effective internationally. this organi-
zation must be free from Soviet propa-
ganda which would picture it as an
arm of the CIA or some other Western
intelligence organization.'SUch protec-
tion can be provided by, legislating
that officers and employees of the En-
dowment be free of any intelligence
community relationship for the past
20 years.
We all know that the Soviet Union
has a vigorous propaganda organiza-
tion around the globe- One of their
common tools is the charge that some
U.S. organization really is a front for
the CIA Now it is impossible to con-
trol what the KGB says or does
abroad. But we can dilute their effec-
tiveness In making false charges by
mandating in our law that the Endow-
ment be free of any intelligence con-
nection.
This has been an effective barrier to
-false charges for our Peace Corps. The
world knows that the Peace Corps is
prohibited from recruiting individuals
with intelligence backgrounds. Prohi-
bitions are contained in detailed lan-
guage in Peace Corps literature and
regulations. This has given the Peace
Corps enormous protection from dis-
ruptive claims of intelligence relation-
ships - -
We should provide the same protec-
tion for the endowment which will be
operating abroad under similar cir-
cumstances and which will be open to
the same propaganda attacks
My amendment prohibits employ-
ment by the endowment, Including Its
officers, to any individual who has en-
gaged in any intelligence activity In
the past 20 years. By intelligence ac-
tivity I mean employment by or close
association with any U.S. Intelligence
organization either here in the United
States or abroad. I interpret this lan-
guage to be broad. inclusive, and with-
out qualification-the purpose being
to provide a blanket prohibition rather
than to allow specific loopholes.
We cannot stop false charges but we ?
can create the climate In the world for
making these charges unbelievable.
That would take a great advantage
away from our adversaries who will be
out to discredit the endowment.
I understand that the managers of
the bill are familiar with the amend-
ment and have no objection to It.
The PRESIDING OFFICER. Is
there objection?
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SURVIVING SPOUSES
110 LIBERTY INCORPO-
nator Percy, creates
,d composed of gains
the pensions of em -
hat retired prior to
re the low and inad-
,e Europe and Radio
. Aside from a lower
aid pre-1976 retirees
ucted from their al-
~eck of many of these
is in the $200-$300
1976 retirees receive
ces of this group is
dent cost of living in-
ving conditions often
talented individuals,
~t controlled East Eu-
in the countries from
nism. Their dedicated
,rty became the very
into the highly effec-
se people served well
red a great service in
their home countries.
better treatment than
ig. They are a small
tpropriate pension im-
ists, without requiring
lioration and at least
ffered by these proud
cial straits. It now ae-
rate vs. The deutsch
i the fiscal year 1983
tot fully, fund the re-
;t acute shortfalls suf-
RFE/RL retirees. This
) the pre-1976 and the
widows now receiving
r the 50 percent social
paid cost of living in-
)st of such a relatively
in the neighborhood of
ge savings for the first
mated to have already
not available for use by
authorized by the Con-
and thus greatly relieve
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53
the tragic plight of these people. This section creates a fund for
that purpose.
TITLE IV-NATIONAL ENDOWMENT FOR DEMOCRACY
SECTION 401. SHORT TITLE
This section ]provides a short title of "National Endowment
Democracy Act" for the provisions of this bill. This legislation is a
response to the felt need to increase the U.S. public, diplomacy
effort overseas in a manner which involves U.S. private sector ini-
tiatives to strengthen democratic values and institutions abroad.
Over the past 40 years, the United States has been committed to
the goals of democratic institution-building abroad. During this
same period, the Congress, under both Democratic national and Republican
leadership, has supported and helped
sus in favor of such initiatives. From the earliestd days days of the Mar-
shall plan, "Point 4" economic assistance, the overn-
tional broadcasting as an element of public diplomacy, and govern-
ment-supported exchange programs such as those authorized by the
Fulbright-Hays Act, several themes have recurred.
Such initiatives reflected concretely the underlying national con-
sensus on broad U.S. foreign policy goals. Second, the new program
did not threaten to undermine either by accident or design the
funding and operations of other existing popularly supported pro-
grams. Third, the new programs enjoyed genuine bipartisan sup-
port across a wide spectrum of American leadership opinion. The
programs funded by the National Endowment for Democracy are
intended to reflect these criteria.
This new proposal is the result of a 6-month nongovernmental
research study by the two major U.S. political parties, labor, and
business involving Democrats, Republicans, liberals, moderates and
conservatives to design new, private sector approaches which will
foster and strengthen democratic values and institutions abroad.
Named the Democracy Program, this study was often confused
with the Reagan Administration's $65 million proposal
fora
"Project Democracy," discussed in Title II above, whose broad pur-
poses are to enhance and increase existing public diplomacy pro-
grams of the U.S. Government, and to develop new governmental
initiatives, promote democracy and democratic institution building
overseas.
Private sector efforts in the past have been fruitful, except for
the AFL-CIO's regional institutes and a range of programs spon-
sored by leading foundations and private voluntary organizations.
Indeed, for several decades, the AFL-CIO has been running region-
al institutes in Latin America, Africa and Asia, often working
under difficult local circumstances in nondemocratic societies to
support democratic trade unions and train their organizers. Since
World War II, the American labor movement has also been active
in efforts to support democratic workers' movements, first in West-
ern Europe when threatened by Communist disruptions in the
bleak aftermath of the war, and most recently in Eastern Europe
with its assistance to Poland's Solidarity movement.
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Nonetheless, there has never been a comprehensive structure for
a nongovernmental effort through which the resources of Ameri-
ca's private sector constituencies, the separate and autonomous
programs of energetic institutions, could be mobilized effectively.
Those involved in the Democracy Program recognized from the be-
ginning that to be effective, such a structure should have the in-
volvement of both national political parties, ofganized labor and
the business community, among other private institutions.
Nor was the Democracy Program first to recognize the problem
or pioneer in creating solutions. During the 1950's, President Eisen-
hower, Senators J. William Fulbright and Hubert H. Humphrey,
and leaders of the American labor movement, such as George
Meany and Walter Reuther, proposed and developed mechanisms
to assist democratic institutional development abroad openly and
through the private sector.
A decade later, during the months that followed the public rev-
elation in 1967 of the CIA's covert funding of overseas activities by
some American private voluntary organizations, the Johnson Ad-
ministration concluded after careful study that the U.S. Govern-
ment should totally halt all secret financial subsidies to such non-
governmental groups. At the same time, Johnson officials urged
the creation of a new, quasi-autonomous nongovernmental organi-
zation to provide public funds openly for the overseas activities of
American private sector groups engaged in worthwhile internation-
al programs. Anticipating the Johnson proposals, a number of
House members, led by Hon. Dante B. Fascell, introduced in April
1967 a bill to create an Institute of International Affairs. Unfortu-
nately, concern over the problem of past covert funding overrode
sufficient interest in constructive future solutions beyond terminat-
ing all CIA involvement.
Events and institutions in Europe triggered new interest in the
ate 1970's. Americans became committed to participating in the
process of monitoring the Helsinki Accords, especially in human
rights ("Basket Three") provisions as these affected Soviet bloc be-
havior. This concern led not only to the creation of the bipartisan
Commission on Security and Cooperation in Europe but also to leg-
islation introduced in 1978 to establish an "Institute on Human
Rights and Freedoms" (among other bills introduced on similar
themes).
Independently, during this same period a number of American
political leaders became intrigued by the activities of the German
"stiftungen"-the political foundations which now collectively re-
ceive over $150 million annually from the German Bundestag.
These four publicly funded foundations in the Federal Republic of
Germany are each allied to a major political party. Today, these
foundations sponsor efforts in over five dozen countries to encour-
age the institutional development vital to the emergence of plural-
ist cultures. The work undertaken by the Konrad Adenauer (CDU),
Friedrich Ebert (SPD), Friedrich Naumann (FDU), and Hans Seidel
(CSU) foundations has been so effective that the idea of party foun-
dations has spread to countries as diverse as Spain (which recently
created its own political foundations after witnessing the helpful
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nsive structure for
.sources of Ameri-
and autonomous
rbilized effectively.
nized from the be-
iould have the in-
ganized labor and
.titutions.
gnize the problem
s, President Eisen-
ert H. Humphrey,
;, such as George
loped mechanisms
abroad openly and
red the public rev-
erseas activities by
the Johnson Ad-
the U.S. Govern-
sidies to such non-
son officials urged
rernmental organi-
erseas activities of
awhile internation-
als, a number of
ntroduced in April
J Affairs. Unfortu-
t funding overrode
s beyond terminat-
iew interest in the
?ogram during the
articipating in the
pecially in human
ted Soviet bloc be-
n of the bipartisan
Dpe but also to leg-
stitute on Human
oduced on similar
mber of American
;ies of the German
pow collectively re-
erman Bundestag.
ederal Republic of
party. Today, these
ountries to encour-
nergence of plural-
d Adenauer (CDU),
T), and Hans Seidel
idea of party foun-
3in (which recently
iessing the helpful
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role played by the German foundations in sustaining Spanish de-
mocracy), Portugal, Venezuela and the United States.
Similarly, the American labor movement was taking stock of the
effects of United States withdrawal from the International Labor
Organization (ILO) in 1977. AFL-CIO leaders renewed their lon~-
standing interest in the possibility of expanding the Federations
international work. They explored the possibility of a legislatively-
created labor foundation that could disburse public funds to its ex-
isting institutes and other organizations doing labor-supported in-
ternational work.
A number of these interests came together in the spring of 1982
to produce a critical mass of public attention. A study was proposed
in a letter to the President by the bipartisan American Political
Foundation and the Democratic and Republican Party chairmen to
determine ways and means for promoting the growth of democracy
and democratic institutions. The letter referred specifically to the
German party foundations' "open and effective programs to sup-
port democratic political forces throughout the world, and suggest-
ed that the study, which would be conducted under the auspices of
the bipartisan American Political Foundation, "take up such ques-
tions as whether programs should be bipartisan, what, if any,
should be the connection with the government, how to handle the
tension between maintaining friendly relations with current gov-
ernments while sowing the seeds of democratic successors, how to
encourage domestic pluralistic forces in totalitarian countries, and
what levels of resources are required."
President Reagan devoted space to the research study in his
June 1982 address to the British Parliament. His comments at-
tracted favorable reactions. Such reservations as emerged centered
upon three issues: Concern lest the programs proposed be other than
long-range and bipartisan in scope; anxiety that the Administration
would attempt to exploit the research study for immediate prop-
aganda purposes in its broader public diplomacy initiatives; and op-
position to a dominant political tilt in defining the context and reci-
pients of democratic political assistance. The subsequent recommen-
dations of the Democracy Program study put these fears to rest.
During the summer and fall of 1982, considerable time and
energy was devoted to arranging the delicate balance of political
and institutional interests within the structure of the research
study, in close consultation with the leadership of the two m or
political parties and the leaders of the AFL-CIO and the U.S.
Chamber of Commerce. In the late fall, the Democracy Program
study was officially launched with the announcement of a biparti-
san executive board and program director. A staff and initial
consultants were selected who were broadly representative of the
areas of scholarly expertise and political balance required by the
study, including representatives of the Democratic Party, the Re-
publican Party, labor and business programs.
Subsequently, the report of the Democracy Program entitled
"The Commitment to Democracy: A Bipartisan Approach" was -
issued. Its recommendations are reflected in this title. Among thefunctions envisioned for the Endowment are the following: (a) to-
perform general oversight functions relating to its activities to
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groups in given country. This arrangement would involve agree-
ment between the relevant groups in the United States and in the
56
insure that the charter's purposes are being met; (b) to evaluate
grant proposals from the private sector and to support the collabo-
rative efforts of private sector grantees to design programs which
combine their experience and institutional perspectives; (c) to pro-
vide scholarships and fellowships which carry out the purposes of
the Endowment and support programs designed to teach democrat-
ic concepts; (d) to serve As the "umbrella' organization through
which the four party, labor and business instrumentalities, enu-
merated in section 411, may receive funding (in addition to those
amounts already earmarked) and within which each one can evolve
independently but in a cooperative and collaborative manner; (e) to
serve as an Intermediary between private sector groups and as a
clearinghouse for inquiries and proposals in order to bring groups
together and to create new opportunities for democratic assistance.
SECTION 402. ESTABLISHMENT OF THE NATIONAL ENDOWMENT FOR
DEMOCRACY
Section 402(a) authorizes the establishment of a private, nonprof-
it corporation called the National Endowment for Democracy.
Section 402(b) provides that the Endowment will not be consid-
ered an agency or establishment of the U.S. Government.
Section 402(c) provides that the Endowment will be subject to the
provisions of this title. In addition, to the extent consistent with
this title, the Endowment will also be subject to the District of Co-
lumbia Nonprofit Corporation Act.
Section 402(d) provides that the principal offices of the Endow-
ment shall be located in the District of Columbia.
SECTION 403. PURPOSES OF THE ENDOWMENT
Section 403(a) outlines the purposes of the Endowment, thus de-
fining the parameters of its activities.
Section 403(aXl) describes the broad purpose of the Endowment,
which is to use private sector initiatives to encourage free and
democratic institutions worldwide. This specifically includes activi-
ties which promote individual rights and freedoms.
Section 403(aX2) outlines one of the major methods which will be
used by private sector groups carrying out the purposes of the En-
dowment. The section contemplates the use of exchanges between
U.S. private sector groups and democratic groups abroad in order
to carry out the purposes of the Endowment. Among the private
sector groups which will be involved in such exchanges are the
Democratic and Republican parties and U.S. labor and business
groups.
Section 403(aX3) provides for the promotion of U.S. nongovern-
mental participation generally in domocratic training programs
and democratic institution-building abroad. Particular mention is
made of the major U.S. political parties, labor and business, as well
as other private sector groups.
Section 403(aX4) enunciates the purpose of strengthening demo-
cratic electoral processes abroad in cooperation with democratic
host country.
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ping met; (b) to evaluate
d to support the collabo-
i design programs which
1 perspectives; (c) to pro-
arty out the purposes of
icned to teach democrat-
a ' organization through
instrumentalities, enu-
ing (in addition to those
hich each one can evolve
laborative manner; (e) to
sector groups and as a
in order to bring groups
or democratic assistance.
ent of a private, nonprof-
ent for Democracy.
ment will not be consid-
i. Government.
gent will be subject to the
e extent consistent with
ject to the District of Co-
)al offices of the Endow-
umbia.
ENDOWMENT
the Endowment, thus de-
rpose of the Endowment,
s to encourage free and
)ecifically includes activi-
reedoms.
or methods which will be
t the purposes of the En-
tse of exchanges between
c groups abroad in order
nent. Among the private
such exchanges are the
U.S. labor and business
otion of U.S. nongovern-
:ratic training programs
id. Particular mention is
ibor and business, as well
e of strengthening demo-
)eration with democratic
ent would involve agree-
United States and in the
57
Section 403(aX5) states as a purpose of the Endowment support
for the participation of the major political parties, labor, business
and other U.S. private sector groups to foster cooperation with
groups abroad dedicated to the cultural values, institutions and or-
ganizations of democratic pluralism.
Section 403(aX6) states that the activities of the Endowment in
encouraging the establishment and growth of democratic develop-
ment are to be consistent with broad U.S. national interests and
with the requirements of democratic groups abroad assisted by pro-
grams funded by the Endowment. -
Section 403(b)(1) states specifically that the Endowment will pro-
vide funds for programs, but will not actually run programs itself.
Section 403(bX2) states that funding will only be provided for pro-
grams meeting the purposes of the Endowment.
Section 403(bX3) provides that the Endowment and its grantees
will be subject to the oversight procedures of the Congress.
SECTION 404. INCORPORATION OF THE ENDOWMENT
Section 404(a) sets forth the 15 initial incorporators of the En-
dowment. These individuals will take the steps necessary to incor-
porate the National Endowment for Democracy under the District
of Columbia Nonprofit Corporation Act. This includes drafting of
the articles of incorporation and the bylaws, which will reflect the
provisions of this title. The listed incorporators represent a cross-
section of Americans active in business, labor, the major political
parties and with expertise in foreign policy law and the like. Sec-
tion 404(b) provides that the Honorable Dante B. Fascell shall serve
as Chairman of the incorporators and interim Chairman of the En-
dowment until such time as a Chairman is elected under bylaws of
the Endowment. It is expected that, during the pendency of the in-
terim chairman, no funds will be disbursed by the Endowment.
SECTION 405. BOARD OF DIRECTORS
Section 405(a) provides that the Endowment will be governed by
a 15-member Board of Directors. Following the initial incorporation
period, when the Board will consist of those individuals set forth in
section 404 above, the Board will be self-perpetuating and elected
in accordance with the Endowment's bylaws.
Section 405(b) provides that vacancies in the Board's membership
shall not affect its powers. This provision reflects common practice.
Section 405(c) states that members of the Board shall not be
deemed to be officers or employees of the United States. The sec-
tion provides for per diem for the Board members while performing
their duties.
SECTION 406. OFFICERS OF THE ENDOWMENT
Section 406(a) provides that the chief executive officer of the En-
dowment shall be a President appointed by the Board. The Presi-
and Board, and will
dent will carry out the daily operations of the
report to the Board under appropriate guidelines procedures.
Section 406(b) provides for staff of Endowment. The number and
type will be determined by the Board.
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ment will be set by the tsoar a__~ ^r + ye 1 owment from receiving
58
406(c) provides that the terms of officers of the Endow-
Section 406(d) pronimw viu-' w_ .?., . -
compensation from any source other than the Endowment during
the period of their employment by the Endowment.
SECTION 407. NONPROFIT NATURE OF THE ENDOWMENT
Section 407(a) precludes the Endowment from issuing stock or
paying dividends. This reflects the nonprofit character of the En-
dowment.
Section 407(b) prohibits any Board member, officer or employee
of the Endowment from gaining any personal benefit from the cor-
porate assets of the Endowment, other than from duly, authorized
compensation.
ENDOWMENT AND THE
SECTION 408. RECORRI AND OF ASSISTANCE
Section 408 provides for normal auditing procedures for the En-
dowment and its grantees.
Section 408(aXl) provides for regular annual audits of the Endow-
ment by independent auditors. The section requires that all appro-
priate materials be made available for the audit.
+I at the independent audits are to be
included in the annual reporL re 1L t forth the scope of the audit
t
ther requires that the audit repor
se resent a complete audit
and any other statements necessary p
picture.
Section 408(b)(l) permits the financial transactions of the Endow-
ment to be audited annually by the General Accounting The
section also provides for appropriate access by audits the General Accounting Office to materials necessary Gen thes audit
Section 408(bX2) requires that the Comp
report be sent to the Congress. It may contain such comments and
information as the Comptroller General deems necessary to explain
the audit. In addition, the report is required to discuss any transac-
tion which, in the opinion of the Comptroller General, has been
conducted without legal authority. The section also provides that
copies of the audit report be sent to the President and to the En-
dowment when the report is submitted to the Congress.
Section 408(cXl) provides that grantees of the Endowment must
keep records appropriate to the conduct of an audit.
Section 408(cX2) provides access to the Endowment or its duly au-
thorized representatives (such as an independent auditor) for the -
The same access is
antees
h
f
.
e gr
t
purpose of auditing the records o
authorized for the Comptroller General of the United States or his
or her duly authorized representatives.
SECTION 409. REPORT TO THE CONGRESS
ort by the Endowment to
l
rep
Section 409 provides for an annua
the Congress. The report shall be submitted by December 31 of
each year and shall include a comprehensive and detailed report of
the Endowments activities, operations, finances and accomplish-
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Sects
Subser,
matiolo
ries a.
the E=
ment
posed a
Secti
1984 a
elude is
Nation
than 0
ublicz
$$l3,8(A
$2,500)
grams
This
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quires
and off
to cars
ation o
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quirem
been iI
cies to
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tor Sai
the n?
have a
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Act-fr,
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quired
States
Office
the re:
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a of the Endow-
t from receiving
lowment during
OWMENT
issuing stock or
acter of the En-
icer or employee
fit from the cor-
duly authorized
lures for the En-
[its of the Endow-
es that all appro-
audits are to be
409 below. It fur-
;cope of the audit
a complete audit
ons of the Endow-
unting Office. The
representatives of
nary to the audits.
r General's audit
ich comments and
~cessary to explain
scuss any transac-
3eneral, has been
also provides that
int and to the En-
-gress.
Endowment must
lit.
'ent or its duly au-
it auditor) for the
The same access is
nited States or his
the Endowment to
'y December 31 of
d detailed report of
es and accomplish-
59
ments, together with any recommendations the Endowment deems
appropriate. The section further requires the Board members and
officers of the Endowment to be available to testify before appropri-
ate congressional committees.
SECTION 410. FUNDING FOR THE ENDOWMENT
Section 410 provides the funding mechanism for the Endowment.
Subsection (a) provides authority for the Director of the U.S. Infor-
mation Agency to, make grants to the Endowment from the "Sala-
ries and Expenses" account of the agency. Subsection (b) permits
the Endowment to use such funds for the purposes of the Endow-
ment without regard to any limitation or guidelines normally im-
posed by USIA for its grant-making activities.
SECTION 411. ALLOCATION OF FUNDS
Section 411 earmarks specific amounts of money in fiscal years
1984 and 1985 for certain grantees of the Endowment. These in-
clude not less than $5 million for each of the 2 fiscal years for the
National Democratic Institute for International Affairs; not less
than $5 million for each of the 2 fiscal years for the National Re-
ublican Institute for International Affairs; not less than
$13,800,000 for the Free Trade Union Institute; and not less than
$2,500,000 for support of the private enterprise development pro-
grams of the National Chamber Foundation.
TITLE V-FOREIGN MISSIONS AMENDMENTS ACT OF 1983
SECTION 501
This title may be cited as the -"Foreign--Missions Amendments
Act of 1983."
SECTION 502
The Diplomatic Relations Act of 1978 (Public Law 95-393) re-
quires all foreign missions, members of missions and their families
and officials of the United Nations entitled to diplomatic immunity
to carry liability insurance against risks arising from their oper-
ation of motor vehicles, vessels or aircraft in the United States.
Although there has been substantial compliance with the re-
quirements of the Act by the diplomatic community, there have
been instances where diplomats have allowed their insurance poli-
cies to lapse.
The purpose of this title, introduced as an amendment by Sena-
tor Sarbanes, is to assure that all U.S. citizens who are injured by
the negligence of an individual with diplomatic immunity, will
have an opportunity to recover compensation for their damages.
This section transfers the-responsibility for implementing the-
Act from the Protocol Office to the Office- of Foreign Missions, Lia= -
bility insurance is a reciprocity issue. All "U.S. diplomats are re- -
quired to carry such insurance. All foreign diplomats in the United
States should do the same. It is the Committee's view that the
Office of Foreign Missions is a more appropriate place to carry out
the responsibilities of the Diplomatic Relations Act.
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S14341
:tober 20, 1983 CONGRESSIONAL RECORD - S- ATE
BALTIC DIVISION
adding at the end thereof the following new pursuantyto this section shall be cr dited for SEC. 305. None of the funds authorized to
section: be approporiated pursuant to subsection 302
Svc. 705. (a) Unless the Committee on the applicable appropriation of the united forma
ion Agency.
ian and Lithuanian
act may Foreign Affairs of the House of Represents- Slat FUNDS FORLOFFICIAL RECEPTIONS AND of (1) the Eston used. Latv _
Foreign ela
tioes and the Committee
tions of the Senate te are are notified fifteen days ENTERTAINMENT EXPENSES radio ity are orBBng~diaA ?Sep rate diRisio'n
in advance of - a proposed reprograming. SEC 212. Notwithstanding any other pro- Li art Radio Liberty: and
funds appropriated for the United States in- vision of law not more than $20,000 of the (2) that they begin broadcasts under a
formation Agency not be any for funds authorized to be appropriated to the h not recognizing reflect
the etal
obligation or or expenditure through any such United States Information Agency for fiscal name which would accurately rct united
reprograming offends- - year 1984 or fiscal year 1985 shall be avails- States policy-of
"(1) which creates new programs: ble for domestic representation or entertain- incorporation of FsLonia. Latvia, and Lith
(c) which eliminates a program. Protect, ment expenses, including official receptions. uania into the Soviet CURRENCY GAINS
Or (3) which - personnel OF LOBBYING WITH UNITED - FOREIGN
^(3) eansfany anincreases funds project or activity by for STATES FUNDS SEC, 306. Section 8(b) of the Board for In-
funds have been den den nied d or r restricted SEC. 213. No funds authorized to be appro- ternatlona] Broadcasting Act of 1973 (22
any
which funds for
by the Congress: priated under the provisions of this title U.S.C. 2877(s)) is amended to read as fol-
c4) which relocates an office or employ- shall be used for lobbying or propaganda lows:
ees: which is directed to influence public policy "(b) Any amount appropriated pursuant
??(5) which reorganizes offices, program, decisions of the Government of the United to subsection (a)(1) of this section which.
or activities: or .. States or any State or locality thereof. because of upward rates. ifluctuations foreign
maintain the excess ss o of the
"(6) which involves a reprograming in UNITED STATES INFORMATION AGENCY AUDIT currency exchange to tees. Is In
ed
excess of $250,000 or 10 per centum. which- REQUIREMENTS ? . amount nt of operation necessary Nanhanor Rodin Free budgeted
ever is less, and which (A) augments exist- and Radio ration incorporated, Europe pe Liberty. ing programs, projects. or activities, (B) re- SEC. 214. Paragraph 11) of section 2 of the t;;nnRa in fiscal year 1983, be merged with
deers by 10 per centum o. more the funding inspector General, Act of 1978 is amended for the same time period
- and same available o amounts time period
for any existing program. project. or fiactivi- res , " by adding after "Small Business Administers and made available
tY? or personnel approved by the Congress, tion." the following: "the United States In- pursuant to rposes same oft appropriated
or (C) results from any general savings from formation Agency.". TITLE I secti
NATIONAL ENDOWMENT
a reduction in personnel which would result TITLE III-BOARD FOR FOR DEMOCRACY
in a change. In existing programs, activities, INTERNATIONAL BROADCASTING
or projects pproved by the Congress. SHORT TITLE ' SHORT TITLE
"(b) In addition, the United States Infor- SEC 301. This title may be cited as the SEC. 401. This title may be cited as the
Fiscal Broadca
mat ion Agency and may the Committee award program grants "National Endowment for Democracy Act". for
DEMOCRACY
1983. 1984, and NATIONAL E. ENDOWMENT for
Au. resentatives for the fiscal year 1984 only if the Commit- thoo ization ActInternational
Relations on Foreign Affairs rs of the House Foreign Rep- ' 1985".
ni een
e18L10TIS o Of the Senate are re ne IlOtiffed fifteen - AUTHORIZATIONS OF APPROPRIATIONS SEC. 402: (a) The Congress finds that
days in advance of the proposed grant". SEC. 302. Section 8(a)(1)(A) of the Board there has been established in the District of
FUNDS FOR UNITED STATES-GERMAN TEENAGE of International Broadcasting Act of 1973 Columbia a private, nonprofit corporation
t for
(hereafter in National this Endowment tle for c-
referred
(22 U.S.C. 2877(a)) is amended to read as known n as the
which is not an
_ propriated There are authorized to ap- follows: mocracy assth "Endowment") (het is the United
establishment
'ti on e for the United States Informa- $111,600,000 for the fiscal year 1983. as the
and agency Government.
Agency te the fiscal l year $11,251,000 for for the fiscal year. 1984, 1 5.". and t States
The purposes of the Endowment, as
1984 and $2 $2,500.000 $2.500.000 for for the fiscal year 1985 r "en- $1111.251,000 for the fiscal year 1985.".
to carry out a bnIt1d Slats-German ten- BENEFITS FOR CERTAIN RETIREES AND SURVIV- set forth in its articles of incorporation.
age exchange sponsored by the Members of -INC SPOUSES OF EMPLOYEES OF RADIO FREE are-
German United States Congress and the West EUROPE/RADIO LIBERTY. INCORPORATED (1) to encourage free and democratic incti?
German Bundestag. . SEC. 303. The Board for International fedora throughout the world through pri?
FUNDING FOR UNITED STATES PARTICIPATION IN Broadcasting Act of 1973 is amended by vate sector initiatives, including activities
T5UXUBA, JAPAN EXPOSITION IfaS ' adding at the end thereof the following new which promote the individual rights and
freedoms. including internationally recog
Expo- section nized human rights. which are essential to
Sdy ut rize addition kto the uba, amount
sition ready authorized for Ts Japan Expo- "BENEFITS FOR CERTAIN RETIREES AND SURVIV- the functioning of democratic institutions:
1985. $8,000.000 shall be ll be available for ING SPOUSES OF EMPLOYEES OF RADIO FREE
EUROPE/RADIO LIBERTY, INCORPORATED (2) to facilitate exchanges between United
the United States Information Agency for
"SEC 12. Notwithstanding section 8(b). States private sector groups (especially the
the fiscal year 1994 for use in connection
with the Exposition. These funds ds shall amounts described in such section and held two major American political parties. labor.
made, and when available the fu efund s s are are appronsoPiiat redd In reserve, but not to exceed $5.000.000, and business) and democratic groups
made,
they are authorized to remain available shall be deposited in a separale and abroad;
amounts in in such h account nt shall ll be be available, (3) to art'cipaion.i
DISespecia ]Y through the
DST expended. amounts fiscal year limitation, only to
two mental a American ,political pahro h the , labor.
WITHIN THE UNITED STATES OF hance the pensions and cost of living ad:
PESHAWA meets of individuals who retired from Radio business, and other private sector groups. in
THE THE USIA A FILM ENTITLED "THANKSGIVING IN
Free Europe/Radio Liberty. Incorporated. democratic training programs and demo-
R'
(4) cratic in institutionstrengthen-building abroad:
democratic electoral
SEC. 211. (a) Notwithstanding the second before January 1. 1976, and the benefits to
sentence of section 501(a), as so redesignat- which surviving spouses of employees of abroad through timely measures
ed by section 206 of this Act, of the United Radio Free Europe/Radio Liberty. Incorpo processes
Slates Information and Education Ex- rated, are entitled by virtue of the credit- in cooperation with indigenous democratic
able service of such employees rendered forces.
(1) change the Act Direof (22 ctor of 1948 of Uthe.S.C.Unit1461 ed ted St))- States Inv before January 1. 1976. Art the participation of the two
ON BROADCASTS OF RADIO FREE EUROPE/ major American political parties, labor.
formation Agency shall make available to (5) to support
ferter nitedcooper tatte i Private wth
the Administrator of General Services upon a RADIO LIBERTY, INCORPORATED AND VOICE OF business. and other
master copy of the film entitled "Ihanks? . AMERICA CONCERNING SOVIET RELIGIOUS PER; sector r gbo ad dfo terin the cultural
- a to
giving in Peshawar": and SECUTION Values, institutions, and organizations of
SEC. 304. It is the sense of the Congress
at evidence
States rights and nce and licenses that nehavecessary been secured United
and paid for the person m nistr for shall that RFE Incorporated (commonly democratic pluralism: and
Am e and
(6) of democratic es establishment in a ferred reof the e film, the the A Awn se penes of Liberty)o as andR iOthe VoiceFra Eofu rope
as dOd Radio ) mo thr enc nsd or atthe i wevelOP broad no a stent reimburse the director for any are to be commended for their n
the Agency in making 1. hat master copy
on, including_ and wthe specific requirements of the
and persecution in the SovietcUniIng ncluing and with t United States r national tares cerns of lions] Archhives of s the
? tional shall Archives that State the
ethfor the e and are encouraged to intensify their efforts are aided by programs fundednby theh
shall make copies of that available
dowment.
purchase En -
purchase and public viewing within in this regard.
United States.
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