DEPARTMENT OF STATE AUTHORIZATIONS, 1982 AND 1983

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300020013-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 36
• Document Creation Date: December 20, 2016
• Document Release Date: May 2, 2007
• Sequence Number: 13
• Publication Date: June 17, 1981
• Content Type: OPEN SOURCE

~ 6360
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CONGRESSIONAL RECORD-SENATE June 17, 1981
tice in enforcing the Constitution of the
United States nor shall anything in this
Act be interpreted to modify or diminish
the authority of the courts of the United
States to enforce fully the Constitution
of the United States."
After that very fine and articulate
presentation as to the Senator's com-
mitment to civil rights, this amendment
does not mention the word "busing," has
? nothing to do with busing whatsoever.
It merely is an affirmation of the right of
the Justice Department to enforce the
Constitution and the courts to enforce
the Constitution.
Does the Senator intend to vote for
that amendment?
Mr. BIDEN. I intend to support the
right of the Justice Department to en-
force the Constitution, but I would be
very happy to vote for that amendment
if we had a little dialog here and the
Senator acknowledges that the intent of
that language is in no way to diminish
the intent of the original amendment of
Senator HELMS, which is to get the
Justice Department out of the busing
business.
Mr. WEICKER. Let me put it this way:
The Senator knows a lot better than I
do that he already has voted against this
amendment once before, last year.
Mr. BIDEN. That is right.
Mr. WEICKER. The Senator was not
voting against busing. He was voting
~ against the rights of the Justice Depart-
ment and the courts to enforce the Con-
stitution. That is what he voted against.
Mr. BIDEN. That is not correct.
Mr. WEICKER. That is correct. That
is ail the amendment said. Now the Sen-
ator is saying, "I will be glad to vote for
it as long as that enforcement role is
one which I agree with."
Come on. Z'he Senator knows our Con-
stitution just as well as I do. He knows
the whole intent of the three separate
branches of Government is that we
maintain the independence of each and
eve do not make an incursion on each
other's responsibility which in effect de-
tracts from the independence of each
one of those branches.
I know what is going on here and so
does the Senator from Delaware.
I stated at the outset, No. 1, this is
not even a busing argument. It is a con-
stitutional argument. It is a civil rights
argument. Busing is a nifty political
buzz word and one that might incite
passion and get votes or turn off votes,
whatever.
We find we have to make a choice now
in picking against a constituency and
reelection and defending this Constitu-
tion.
I do not think busing is such a hot
idea as far as the State of Connecticut
is concerned. I know I am not going to
tell the courts and I am certainly not
going to go ahead and tell the Justice
Department what it can or cannot do
to protect the rights of ail the citizens
of my State.
That is what is at issue.
So I repeat as I stated at the outset of
this argument. Busing is a very conven-
ient way to take attention away from the
principal issue which is: If this type of
legislation passes, then every time the
justice and the court system does some-
thing that we do not like, we move jn,
but otherwise they can handle all the
dirty problems that we shove out of our
Chamber.
Last, the Senator mentioned the addi-
tional funding for education, that he
voted for that every time.
I have not taken a look to see exactly
what the rollcall was.
I also proposed an amendment which
proposed a tax to go ahead and raise the
money. I had no support in the Chamber.
It is fine to say we are going to vote
a little money here to go ahead and take
care of this problem. But what about the
taxes to pay for that?
Mr. BIDEN. I support the Senator on
that.
Mr. WEICKER. I do not think the
Senator did that. I do not think I had a
vote in the Chamber. It is easy to figure
out where everyone is.
Mr. BIDEN. I am not sure of the in-
terpretation of the Senator's amend-
ment.
Mr. WEICKER. I think that the Sen-
ator has every right to go ahead and
pronounce his judgment on the educa-
tional system of this country and how it
is that we have or have not succeeded
in desegregation efforts.
I said here at the outset and repeat, as
I do not think the Senator was in the
Chamber when I said it before, I have no
hair shirt on about what the public edu-
cation system of the United States ac-
complished.
Maybe again the Senator is sensitive
to these little articles that appear that
SAT scores have gone down and some
people cannot read and write.
When I see what has been achieved, it
has been an enormous success. With
whatever shortcomings it has, like any-
thing else where one tries, one is going
to stumble to some degree, but the pub-
lic education system of this Nation has
nothing to apologize for.
No. 2, for whatever disagreeableliess
and failures might have occurred in the
desegregation effort, the fact is desegre-
gation has occurred, but it only occurred
not only as a matter of law but as a
matter of total commitment by the lead-
ership of the political constituency,
whether that happens to be national,
local, or State.
That probably is more important than
any law that has been written.
Mr. STEVENS. Mr. President, will the
Senator yield?
Mr. WEICKER. I yield, but I wish to
protect my right to the, floor at this
juncture. I am more than willing to ac-
commodate the leadership in whatever
the leadership wishes . to do. I want to
protect my right to the floor.
Mr. STEVENS. Mr. President, I ask
unanimous consent that when the Sen-
ate disposes of S. 1193. and resumes con-
sideration of 'S. '951 that the Senator
from Connecticut (Mr. WEICKER) 1S
recognized.
The PRESIDING OFFICER (1v~r.
Coxsx) . Without objection, it is so
ordered.
Mr. STEVENS. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICE~t. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. STEVENS. Mr. President, I ask
unanimous consent that the order for
the quorum call tie rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
DEPARTMENT OF STATE AUTHORI-
ZATIONS, 1982 AND 1983
Mr. STEVENS. Mr. President, I ask
unanimous consent, pursuant to the or-
def previously entered, that the Senate
now turn to the consideration of Calen-
dar order No. 96, S. 1193, the Depart-
ment of State authorization bill.
The PRESIDING OFFICER. The bill
will be stated by title.
The assistant legislative clerk read as
follows:
A bill (S. 1193) to authorize appropria-
tions for fiscal years 1982 and 1983 for the
Department of State, the Intern&tional
Communication Agency, and the Board for
International Broadcasting, and for other
purposes.
There being no objection, the Senate
proceeded to consider the bill.
Mr. STEVENS. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. PERCY. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without,
objection, it so ordered.
Mr. PERCY. Mr. President, today the
Senate will consider S. 1193, a bill au-
thorizing appropriations for fiscal years
1982 and 1983 for the Department of
State, the International Communication
Agency, the Board for International
Broadcasting, the Arms Control and
Disarmament Agency and the Inter-
American Foundation.
The total amounts authorized by this
legislation for fiscal years 1982 and 1983
are $3,124,105,000 and $2,837,034,000
respectively. This represents a cut of
$26,250,000 from the administration's fis-
cal year 1982 request and $32,250,000
from . the administration's fiscal year
1983 request. Despite tYlese reductions, I
believe that this bill will provide the U.S:
foreign policy agencies with adequate
resources to carry out their various
mandates and to promote U.S. interests
abroad.
I ask unanimous consent that the fol-
lowing table which compares the admin-
istration's requests with the committee's
recommendations be printed in the
RECORD:
There being no objection, the table
was ordered to be printed in the RECORD,
as follows:
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June 17, 1981
CONGRESSIONAL RECORD -SENATE S 6359
court said, "Separate but equal is not
equal, so we want to do away with dual
school systems," and ordered everybody
to do that. We had same creative local
school cyst sin States in the South
and I catega a my Sbate as part of that..
We were segre ted by law, something I
am not at all pro of.
that very enterpris' local authorities
decided, by many diffe nt methods, in-
cluding gerrymandering chool districts,-
a way by which they c ld avoid the
court order. So the court b an to evolve
~a process whereby they woul break that
down to stop people in thus jurisdic-
tions from being able to co inue to
maintain thaw segregated school
districts.
Mr. WEICKER. If the Senator will
yield, I want to make sure the recor is
clear that the Senator is asking
question.
Mr. BTDEN. Yes, this is a long
question.
Mr. WEICKER. Oh, this is a long
question.
Mr. BIDEN. That is true, this is a
long question.
I shall ask the Senator at the conclu-
sion of this long question if he would
like to respond to keep it in the form of
an interrogatory. What happened, it
seems, is that as we dealt with the prob-
lem of doing away with segregators
practices in the South, we had a situa-
tion-and I am probably oversimplify-
ing in the interest of .time, but I think
I am not being inaccurate-wherein
black and white people lived together in
the same neighborhoods.
But the way living patterns developed
in the North was very different. They
were somewhat analogous to all other
migratory patterns that occurred. When
the Italians came, when my Irish an-
cestors came, when the Poles came, they
tended, as a consequence of laws being
Italian ghettos, and they tended to live
together.
Well, as blacks moved North, they
tended, as a consequence of laws being
imposed upon them because of where
-they could and could not live to live in
areas that were not integrated.
If you ride through a small town in
most Southern States you will often find
a black family and a white family living
on the same block. You do not find that
very often in the North. So when busing
came along as a remedy to solve segre-
gation in the South, it made some sense,
because essentially what you had was a
black family and a white family living
on the same block, but going to separate
schools, white to the white school and
blacks to a black school.. Authorities drew
distinct lines that would literally go be-
tween the houses and the yards and
down the middle of streets. Consequently,
all the blacks would end up in one school
and all the whites in another school, even
though they lived in the same area.
The courts said, "Look; we look at this
imaginary town of Smithviller with. a
population of 40. percent black and 60
percent white, but, coincidentally, the
two schools in Smithville, one is 100 per-
cent black and one is 100 percent white.
Something is rotten in Smithville. So we
will tell you what we are going to do,
Smithville. We are going to require you
to prove you are not segregated by put-
ting in a racial balance test. We are go-
ing to apply numbers. The schools had
better reflect a 60-to-40 white-black ratio
because we know that in Smithville, 60
percent to 40 percent of the population
is the white-black breakdown and it is
an integrated breakdown."
But when they got up North, in New
York, Connecticut, Michigan, and other
places-and I am not suggesting that
northerners 'are any less prejudiced, any
more good spirited; any better than
southerners; but because of the way the
living patterns developed, you found in
Smithville, Pa., the blacks all lived in
one corner of Smithville and the whites
were interspersed in the rest of Smith-
ville. '!'here was no integration in the
living pattern, so you had a reverse
dilemma.
In the South, you had integrated liv-
' g patterns and segregated facilities,
ether it be the schoolbus, the park
fo ntain, or the local transit authority.
In a North, you had, by and large, in-
tegr ted facilities but segregated neigh-
So t e court came along, and, under-
standa y, out of the evolution of their
frustrate n, applied the same method de-
signed to olve the Southern dilemma in
the North.
But gue what that meant. That
meant a ver reposterous arrangement,
whereby they ad to attempt, through
the school syst , to rearrange a living
pattern that ha developed, some of it
by happenstance ut much of it as a
Instead of going and bringing ac-
tions against develo rs, housing com-
plexes, and individuals ased on the fact
that they had restrictiv ovenants as to
where people could live, tead of de-
manding, as I have sugge ed over the
last 8 years, that when we ild Federal
housing, you had better have me blacks
living in that housing project i stead of
suggesting that you had better h ve low-
income housing interspersed with fiddle
income housing; instead of attacki the
problem, which was housing, they ent
to the schools and said, "Now, look, u
education folks in the schools, ,you to
care of all our social problems. You may
not be able to adequately teach kids how
to read, write, add, and subtract; but, in
addition to not being able to teach kids
how to read, write, add, and subtract, we
want you to teach them to be sexually
well adjusted, to be good citizens, and
solve the problems that relate to segre-
gation in America."
Some school officials said that does not
make a lot of sense, but because many
'school district authorities were mean
snirited, and had participated in actions
that were racist or had racist intent,
those of us who are considered liberals
and moderates kept out mouths shut be-
cause we did not want to be- seen as
supportive of George Wallace who was
-standing is front of the school door. We
did not want to be associated with that.
So we did not look very closely at what
was happening. It was just very fashion-
able. to say, "Hey, guess what? This is
civil rights. Therefore, I'm for it." And
busing became defined as civil rights.
My question is almost over.
[Laughter.]
So what happens is that now some of
us who have been associated with the
civil rights movement-and I believe I
have some credentials in this area. When
I was in high school and college-I do
not know where the Senator was then,
since I got elected a little after he did-
I was riding buses, sitting in on Route
40, integrating restaurants, and all that
kind of thing.
I was a criminal defense lawyer, who
represented the Black Panthers of my
city atone time.
But even some of us guys said, "Hey,
look, busing is not working. It's dividing
the country. It's moving the civil rights
movement backward, not forward. It's
not helping education very much. It's
not the way to attack the problem."
If you have a problem in housing, go
to housing. If you have a problem in
education, go to eduction. If, in fact-
and I am sure the Senator agrees-the
school district was intentionally designed
to keep blacks out or anybody out, then
we should use whatever methods are
available to eliminate that segregation
even if it means redrawing the whole
school district line.
But that is not what is.happening now.'
We have Federal judges, well-inten-
tioned men and women, who sit and say,
"'You know what, it looks like Wilming-
ton, Delaware, and New Castle County
are 21 percent black. Therefore, it seems
like a good idea that every school district
in the area and every school be 21 per-
cent black."
The fact that blacks do not live in the
same neighbodhoods that whites live
in and the fact that there is no evidence
that the people up in that school district
did anything to keep. blacks from going
to the school, does not matter, because
we have an objective. The objective is to
integrate society.
That may be a laudable social objec-
tive, but it is not a constitutional impera-
tive. There is a distinction between
integration and eliminating segregation.
Now, here is my question: Will the
Senator acknowledge that there could be
a school that was absolutely 100 percent
black and not be segregated? Does the
Senator think such a circumstance could
o e white person, and that school not be
se egated. Is that possible?
Mr. BIDEN. I yield the floor.
Mr. EICKER. I say to the Senator
that, as a knows-
Mr. BI EN. Not that I have had it.
Mr. W CKER. The Senator cannot
get off the ok that easily.
Mr. BIDE If the Senator asks me a
question, I ha the floor, and then he is
in trouble. [La hter.7
Mr. WEICKER:~,I will be glad to try to
elicit from the Seri~tor a response.
Let me put it this,way: Will the Sen-
ator deny his previot`!s act? The amend-
ment now before the S ,'ate is an amend-
ment that says: "except that nothing
in this Act shall be interpreted to limit
in any manner the Department of Jus-
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June 17, 1981 CONGRESSIONAL RECORD-SENATE
ADMINISTRATION FUNDING REQUESTS-FISCAL YEARS 1982 AND 1983
(In thousands of dollars, fiscal years)
1981 appropriation
1981. authorization (CR)
S 636!
Revised 1982 Revised 1983 Committee 1982 Committee 1983
request request recommendations recommendations
Department of State:
Administration of foreign affairs___________________________________
1, 009, 895
948,139
1, 318, 754
1, 248, 059
1, 318, 754
1, 248, 059
International organizations and conferences_________________________
525, 082
516, 941 '
563, 806
554, 436
523, 806
514, 436
international commissions________________________________________
26,081
24,713
22,508
22,432
22,508
22,432
U.S. bilateral science and technology agreements____________________
1, 400
1, 400
3, 700
3, 700
3, 700
3, 700
Migration and refugee assistance_______________________________ __
517, 298
.456, 241
553,100
460, 000
560, 850
467, 750
Total_________________________________________________ _______
2,079,756
1,947,434
2,461,868
2,288,627
2,429,618
2,256,377
International Communication Agency__________________________________
465,944
447,915
561,402
482,340
561,402
482,340
Board forlnternational Broadcasting___________________________________
86,787
99,700
98,317
98,311
98,317
98,317
Inter-American Foundatian___________________________________________
15,964
15,964
12,000
(r)_
12,000
0
Arms Control and Disarmament Agency________________________________
20,645
17,000
16,768
(r)
18,268
r)
Asia Foundation_____________________________________________________
4,100
4,100
0
0
4,500
0
Total_________________________________________________________
2, 613,196
2, 532,113
3,150, 355
2, 869, 284
3,124,105
2, 837, 034
r Such sums as may be necessary.
Mr. PERCY. In addition to. authorizing
funds for the above-mentioned agencies,
other sections of this legislation: Ear-
mark $18,750,000 for the resettlement of
Soviet and Eastern Europe refugees in'
Israel; earmark $2,085,000 for the re-
opening of consulates in Turin, Italy;
Salzburg, Austria; Goteborg, Sweden;
Bremen, Germany; Nice, France; Man-
dalay, Burma; and Brisbane, Australia;
earmark $45,800,000 ill fiscal year 1982
and fiscal year 1983 for the Organization
of American States; earmark $1,500,000
for the International Committee of the
Red Cross for its prison visitation pro-
gram; require that the fiscal year 1982
and 1983 assessed contributions to the
United Nations be an amount equal to the
assessment minus 25 percent of the budg-
? et of the Committee on the Exercise of
the Inalienable Rights of the Palestinian
People and the Special Unit on Pales-
tinian Rights; provide for an ex gratis
payment of $81,000 to the Government of
Yugoslavia as an expression of concern
for the injuries sustained by a Yugoslav
national as a result of an attack on him
in New York City; grant authority to the
Secretary of State to extend the duration
of passports and to raise the passport
fee; provide the legal authority to pay
arrearages in the U.S. assessments for
the International Institute for the Uni-
fication of Private I;aw and the Hague
Conference on Private International
Law; remove the legislative ceilings on
the assessments to the Pan American
Railway Congress and Institute of Geog-
raphy and fiistory; establish the posi-
tion of the U.S. Representative to the In-
ternational Organizations in Vienna;
authorize the Department of State to
lease living quarters for the U.S.
staff at the U.N.; establish a Buying
Power Maintenance Fund in the De-
partment of State; authorized $4,500,-
000 for the Asia Foundation in fiscal
year 1982; authorize $12,000;000 for
the Inter-American Foundation in
fiscal year 1982; provide an additional
educational round trip for dependents of
Foreign Service personnel; provide vari-
ous changes in the administrative au-
thorities of the International Communi-
cation Agency (ICA) ; mandate the
threefold increase of ICA's exchange-of-
persons programs over the next 4 years;
merge the Board for International
Broadcasting with the Board of Directors
'of RFE/RL, Inc.; modify ACDA's security
clearance requirements to facilitate the
prompt assignment and assumption of
duties of former military and Foreign
Service officers; authorize research by
ACDA in all aspects of anti-satellite ac-
tivities; and repeal various obsolete pro-
visions of foreign affairs law.
In conclusion, Mr. President, I wish to
commend the Foreign Relations Commit-
tee for taking the administration's fund-
ing requests, which had already been se-
verely pared by the Office of Management
and Budget, and finding other areas of
savings to bring this bill to the floor below
the President's budget.
Mr. President, i certainly commend
the staff director of the majority, Mr. Ed
Sanders and also Mr. Christenson, the
staff director of the minority, because of
the fine way they have worked with staffs
and with the Senators to bring about this
budget.
I hope my colleagues will keep this in
mind in considering this legislation and
support the bill as reported by the com-
mittee.
Mr. PELL addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from Rhode Island.
Mr. PELL. Mr. President, this bill, the
Foreign Relations Authorization Act for
fiscal years 1982 and 1983, provides the
authority to run the Department of
State, the International Communication
Agency (ICA) , the Baard for Interna-
tional Broadcasting (BIB) , and the
Arms Control and Disarmament Agency
(ACDA) . These agencies are the princi-
pal instruments for advancing American
foreign policy interests around the world
and, as such, play a role as ililportant as
that of the Defense Department in en-
hancing America's security.
I am pleased to report that, thanks to
a proposal offered by Senator GLENN, the
committee was able to come in with a
budget lower than that of the adminis-
tration. The Glenn proposal-which
simply accelerated the administration's
deferral program for contributions to 15
international organizations-saved $40,-
000,000. This increase allowed the com-
mittee to better support certain deserv-
ing programs, notably in the area of
humanitarian assistance, and still make
substantial savings.
This bill provides a barebones author-
ization for our foreign policy agencies
and it is certainly in line with the reduc-
tions being made across the board in
Government programs. In the long run,
however, I am deeply concerned about
the erosion of support Por our foreign
policy agencies.
For example, since 1960, the number of
Foreign Service officers has declined from
3,717 to 3,564. In exactly the same period,
the workload for these men and women
has increased considerably. The number
of embassies, consulates, liaison officers,
and missions to international organiza-
tions has increased from 165 to 224, while
consular work has increased 900 percent
and Washington's demand for reporting
cables has increased 400 percent.
In the area of our public diplomacy
there has been a similar decline-the
number of Fulbright participants is now
5,500, down from 9>000 in 1966. The inter-
national visitors program has declined
from over 2,000 in 1966 to less than 1,600
today.
We must recognize that effective public
and private diplomacy is a critical com-
ponent of our national security. Diplo-
macy fs also cost effective.
This bill contains several modest pro-
posals-notably amendments to reopen
seven consulates closed during the previ-
ous administration, and to increase our
exchange programs-which will enhance
the U.S. presence worldwide. I hope it
will be the beginning of a process of
strengthening our vitally important
diplomatic arm.
I would add that this bill was arrived
at in a consensual way with cooperation
between the majority and minority staffs.
IIP AA2ENDMENT NO. 156
(Purpose: Technical Amendment)
Mr. PERCY. Mr. President, before rec-
ognizing the distinguished Senator from .
Florida, I would just like to take a mo-
ment to send to the desk an unprinted
technical amendment and ask for its im-
mediate consideration.
The PRESIDING OFFICER. The clerk
will report.
The assistant legislative clerk read as
follows:
'The Senator from Illinois (Mr. PEacv) pro-
poses an unprinted amendment numbered
158.
On page 11, line 17, strike the words "no
less than".
Mr. PERCY. Mr. President, this
amendment is technical in nature and
is designed to eliminate ambiguity with
respect to section 113. The current lan-
guage could be interpreted t0 imply that
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S 6362
no less than $20 million of the buying
power maintenance fund must be used
every time there is an adverse fluctuation
in the currency rate. This is not the
intent of the committee and I wish to
delete the words "no less than" found
on page il, line 17 of S. 1193.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from rilinois (Mr.
PERCY).
The amendment (UP No. 156) was
agreed to.
Mr. PERCY. Mr. President, I believe
the Senator from Florida would care to
seek recognition for her amendment.
Mrs. HAWKINS addressed' the Chair.
The PRESIDING OFFICER. The
Senator from Florida.
AMENDMENT NO. 88
(Purpose: To provide Por distribution within
the United States of the film. entitled "In
Their Own Words")
Mrs. HAWKINS. Mr. President, I call
up my amendment No. 68 . and ask for
its immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read as
follows:
The Senator from Florida (Mrs. HAWKINS)
proposes an amendment numbered 68.
Mrs. HAWKINS. Mr. President, I ask
unanimous consent. that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
On page 23, between lilies 5 and 6, insert
the following:
DISTRIRUTION WITHIN THE UNITED STATES OF
THE FILM ENTTTLED "IN THEIR OWN WORDS"
SEC. 206. (a) Notwithstanding the second
sentence of section 501 of the United States
Information and Educational Exchange Act
of 1948 (22 II.S.C. 1461)-
(1) the Director of the' International Com-
munication Agency shall make available to
the Administrator of General Services a mas-
ter copy of the film entitled "In Their Own
Words"; and
(2) the Administrator shall reimburse. the
Director for any expenses of the. Agency in
making that master copy available,. shall se-
cure any licenses or other rights required
for distribution of that film within the
United States, shall deposit that film in the
National Archives of the United States, and
shall make copies of that film available for
purchase and public. Viewing within the
United States.
(b) Any reimbursement to the Director
pursuant to this section shall be credited
to the applicable appropriation of the Inter-
national Communication Agency..
Mrs. HAWKINS. Mr. President, this
amendment permits the International
Communications Agency to release one
of its films for public viewing in the
United States. First, I would like to
mention and commend the Cuban-
American National Foundation, and Of
Human Rights, two nonprofit organiza-
tions that are faithfully informing the
American people. about Caribbean poli-
tics. Let me explain the background.
This film, "In Their Own Words," is a
pictorial essay of the economic and so-
cial failure of the Communist govern-
ment of Cuba. The conditions described
by many of the Cuban refugees in the
CONGRESSIONAL RECORD - SENA1"E June 1 ~', 1981
film account for the massive exodus
from Cuba a year ago. The film tells of a
crippled economy and an oppressive
regime, but more, importantly it puts a
human face on the countless refugees
who risked their lives to begin anew in
the land of the free and the home of
the brave. For most of us the Cuban ref-
ugees are merely statistics on the front
pages of our newspapers. This film R1`e-
minds us that the refugees are peaple-
desperate and brave people. They are
people who want to live in freedom and
who want an opportunity to better
themselves and the lot of their children.
As a Senator from Florida, I am espe-
cially concerned about the activities of
Fidel Castro and the Cuban regime in
the Caribbean. Cuban involvement in
Nicaragua and El Salvador, and the fail-
ure of the Cuban. economy resulting in
the huge Mariel boatlfft have sent shock
waves throughout my State. For most
Americans these concerns are abstract
foreign policy problems, but for the peo-
ple of the State I represent they have a
real, everyday impact on their lives. I
believe that Cuban interventionism and
mischief in the region must be brought.
to an abrupt halt. I also believe that this
administration is well prepared to stand
up to the Cuban interventionism in the
Caribbean. But more than this can be
done.
For almost two decades Castro has
taken every opportunity to spread his
revolution-both by words. and by bul-
lets. But what of Castro's revolution?
Nothing has shown the world more. elo-
quently the hyprocrisy of 'the Cuban
revolution than the pictures ? of thou-
sands of Cubans boarding anything that
floats in the hope of escaping Castro's
island paradise. Is this what Castro
wants to export? Many people are igno-
rant of the dismal record of the Cuban
economy which is subsidized by the So-
viet Union to the tune. of $45 million
per day. They are also unaware that
freedom and justice are nonexistent
in Castro's island domain.
For this reason, I am offering this
amendment that will permit the Inter-
national 'Communications Agency to re-
lease the film "In Their Own Words."
As the title suggests, this film allows the
Cuban refugees themselves to tell of the
oppressive conditions in Cuba. The fllm
provides an explanation for the massive
boatlift that innundated Florida last
year. _~
As most of my distinguished colleagues
are, I am sure, aware, International
Communications Agency films may not
be released to be shown inside the United
States except by the approval of both
Houses of Congress. The House of Repre-
sentatives has already passed this
amendment, in the form of H.R. 2884,
by an overwhelming voice vote. By acting
in this fashion we will greatly facilitate
the speedy release of this film.
This is not an unusual request. The
Congress has acted on a number of
occasions to grant permission for the
viewing of International Communica-
tions Agency films inside the IInited
States, Since 1965, Congress has ex-
empted over 35 ICA films, and the
Agency has indicated to me that they
have no objection to the release of this
film. I believe that this film will dispel
much of the ignorance that surrounds
Cuba, and I have indications from my
constituents that if the ICA releases this
film that it will be aired in Florida.
Florida has been made to bear the re-
sponsibility for the massive exodus from
Cuba last yeaY`1`esulting from failed eco-
nomic and social policies under Castro.
America opened wide her arms for the
Cuban refugees and then left the people
of Florida to bear the burden. Floridians
are a generous and giving people, but
they have been called upon to give too
much.. The rest of the Nation has turned
its back on the Cuban refugee problem.
For example, last week the Senate Labor
and Human Resources Committee de-
nied anational responsibility in finding
solutions to the Caribbean refugee prob-
lem by cutting by more than one half the
funding for Cuban/Haitian refugee as-
sistance. Ibelieve that we must develop
a national policy to prevent a recurrence
of the Cuban boatlift-the people of
Florida can be asked to bear no more.
Clearly, the blame for the plight of
refugees lies with the disastrous socialist
policies of the Cuban regime,. but the. im-
mediate. problems stem from decisions
made. by ~ other administrations. The in-
nocent ones in this situation are the stal-
wart people of Florida, and the refugees
themselves. Certainly no one can con-
demn the Cuban refugees for seeking a
better life across the water as did almost
all of our forebears.
Except for the criminals that Castro
sent over with the refugees, who should
be treated as such, the refugees are vic-
tims of a stagnant, oppressive Cuban
regime. This amendment which. I am
proposing will make the Cuban refugees
more real and human to those who view
the film, and I urge my distinguished
colleagues to give their full support to
this amendment.
Mr. President, I move the adoption of
the amendment.
Mr. PERCY. Mr. President, with re-
spect to the amendment offered by our
distinguished colleague from Florida, I
ask unanimous consent to have printed
in the RECORD at this point a letter and
accompanying materials dated April 15,
1981,. which I received from Thomas
Houser.
There being no objection, the. material
was ordered to be printed in the RECORD,
as follows:
THOMAS J. ROUSER,.
Alexandria, Va., Afrril 15, 1981.
Hon. CHARLES H. PERCY,
Dirksen Senate. Office Building.
Washington, D.C.
DEAR CHIICK: You recently received a letter
from Marcelino Miyares who was helpful to
us in our early campaigns in the 60's. Mar-
celino is asking you to introduce a bill in
the Senate that has already been introduced
in the House-H.R. 2636. In the interest of
fair representation with what has happened
with respect to the Cuban refugees, it would
seem that the bill has considerable merit.
I am curious as to why a law exists pro- s
hibiting the International Communication
Agency (ICA) from distributing its materials
within the U.S. It seems to me that this law
would have a tendencq to protect the dis-
tribution of inaccurate facts as they may be
distributed in foreign countries.
Because of your very busy schedule, you
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CONGRESSIONAL RECORD -SENATE S 6363
may choose not to introduce this bill. your-
self but have one of your colleagues on the
Senate Foreign Relations Committee intro-
duce the bill on the Senate side. -
Trust all is well.
All best wishes,
OMAR,
Chicago, I11., April 9, 1981.
HOn. CHARLES H. PERCY,
U.S. Senate,
Dirksen Building,
W?shington, D.C.
DEAR SENATOR PERCY: The purpose OY this
letter is to ask you to introduce a bill in the
Senate similar to the House Bill H.R. 2636
introduced by Congressman Benjamin A.
Gilman.
The bill was introduced to make it possible
for the film. In Their Own Words, produced
by the International Communications Agen-
cy (ICA) to be distributed in the United
States. Present law prohibits ICA to distrib-
ute its material within the U.S.A. Prece-
dents do exist in the form of amendments as
in the case of films about George Meany,
Margaret Mead, John Sennedy, etc.
Distribution in the U.S. of this film is im-
portant because it presents the reality of
many of the new Cuban refugees. It shows
clearly that many endured unspeakable hard-
ships to come and to escape, not only the
economic situation, but artistic repression
and the absence of basic freedoms. Just ae
important is that the overemphasis placed
by the press on the negative aspects and
difficulties encountered in the arrival and
resettlement process-already one year
long-may be offset by the reality of "Their
own words" to provide a more balanced
presentation.
It is also relevant to note that Castro's
government has .produced two films about
the exodus which predictably portray the
refugees as undesirables and which are be-
ing distributed in the U.S.
I trust you will do everything in your
power to make it possible for a part of the
truth to be communicated to the people of
the United States.
Cordialmente,
S. 1636
Be it en?eted by the Senate and House of
Representatives of the United States of
AmerZe? in Congress ?ssembZed, That, not-
withstanding the second sentence of section
501 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C.
1461) ,the Director of the International Com-
munication Agency shall, upon receipt oY re-
imbursement for anq expenses involved,
make available to the Administration of
General Services, for deposit in the National
Archives of the United States, a master copy
of the film entitled "In Their Own Words",
and the Administrator shall make copies of
such film available for purchase and public
viewing within the United States.
Mr. PERCY. Thomas Houser was a
prominent Chicago attorney with the
Burlington Railroad. He took leave of ab=
sence from that post in order to become
a campaign manager for me when I ran
for office early in my political career. He
subsequently has served as Deputy Direc-
tor of the Peace ~ Corps, as a Commis-
sioner of the Federal Communications
Commission, and is presently general
-counsel for the National Association of
Manufacturers.
Even though Florida is my own native
State, I spent only 6 months there.
When I received a letter dated May 6
from my distinguished colleague, Senator
PnUl;n HAWKINS, I felt it more appropri-
ate that she introduce and call up this
measure than myself.
I would be very honored to be a co-
sponsor and ask unanimous consent that
I be added as a cosponsor.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. PERCY. Mr. President, I know of
no objection on this side of the aisle. I
turn to my distinguished colleague, the
minority manager of this bill for his re-.
action.
Mr. PELL. I think it is a fine amend-
ment and we are glad to support it and
recommend its adoption.
Mr. PERCY. I fully support it. We have
no objection. We ask that it be accepted
by the Senate.
The PRESIDING OFFICER. Without
objection, the amendment is agreed to.
The amendment (No. 68) was agreed
t0.
Mr. PERCY. I thank my distinguished
colleague.
I yield to my distinguished colleague
from Indiana.
VP AMENDMENT NO. lb7
(Purpose: To oppose efforts by the United
Nations Educational, Scientific, and Cul-
tural Organization to attempt to regulate
news content and to formulate rules and
regulations for the operation of the world
press)
Mr. QUAYLE. Mr. President, I send
an unprinted amendment to the desk and
ask for its immediate consideration.
The assistant legislative clerk read as
follows:
The Senator from .Indiana (Mr. QVAYLE
for himself and Mr. MOYNIHAN) proposes an
unprinted amendment numbered 157.
Mr. QUAYLE. Mr. President, i ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows: -
At the bottom of page 28, add the follow-
ing:
VNITED NATIONS EDVCATIONAL, SCIENTIFIC,
AND CVLTURAL ORGANIZATION
SEC. 502. (a) The Congress finds that-
(1) the First Amendment of the Consti-
tution of the United States upholds the
principle of freedom of the press;
(2) Article 19 of the Universal Decla-
ration of Human Rights states that "every-
one has the right to freedom of opinion and
expression; this right includes the freedom
to hold opinions without interference and
to seek, receive and impart information
and ideas through any media regardless of
frontiers";
(3) the signatories to the Final Act of the
Conference on Security and Cooperation in
Europe concluded in 1975 in Helsinki, Fin-
land, pledged themselves to foster "freer flow
and wider dissemination oY information of
all kinds", and to support "the improve-
ment of the circulation oi, access to, and
exchange of information";
(4) the Constitution of the United Nations
Educational, Scientific, and Cultural Orga-
nization itself is committed to "promote the
free flow oY ideas by word and image"; and
(b) a free press is vital to the functioning
of Yree governments.
(b) The Congress hereby expresses its op-
position to-
(1) efforts by the United Nations Educa-
tional, Scientific, and Cultural Organization
to attempt to regulate news content and
to formulate rules and regulations for the
operation of the world press; and
(2) efforts by some countries further to
control access to and dissemination of news.
Mr. QUAYLE. Mr. President, let me
briefly outline what this amendment
does.
This amendment incorporates a resolu-
tion 'that I introduced on June 9, 1981,
which, in effect, shows our opposition to
UNESCO's attempt, and that of many
members of UNESCO, to establish what
they call a "new world information
order."
Mr. President, this amendment says, as
the resolution says, that the Congress
hereby expresses its opposition to:
(1) efforts by bhe United Nations Educa- '
tional, Scientific, and Cultural Organization
to attempt to regulate news content and to
formulate rules and regulations for the op-
eration of the world press; and,
(2) efforts by some countries tq further
contml access to and dissemination of news.
Mr. President, this is not a new issue.
This issue has been around for a number
of years. Since 1976 in particular, the
issue oY cpntrolling the flow of informa-
tion has been debated. At the request of
some Western nations, including the
United States, it has been postponed. It
has been postponed for a while, but it is
going to be back on the calendar. I feel
adoption of this amendment will send a
very clear and vital mesage to UNESCO.
and to those who would like to have con-
trol of the news media on an interna-
tional basis-the United States will
have no part of it.
Freedom of the press is very funda-
mental. It is inherent in-our Constitu-
tion. it is one of the principles that has
made this country what it is today.
There are those who say that the West-
ern media distorts and slants against
their countries. What UNESCO will want
to do, if they get then way, is to license
journalists. How ridiculous does this have
to become before someone stands up and
says something?
The licensing of journalists by
UNESCO, the licensing of journalists
anywhere in a free society, is repugnant
to those who believe in inalienable hu-
man rights.
Make no doubts about it, Mr. Presi-
dent, that if we, as Members of the Sen-
ate, do nothing, and if we say nothing,
this movement will continue to grow. It
will grow like a cancer on the human
soul and the human spirit.
We have the club, if you want to call
it that, which is funding UNESCO, about
25 percent, or $45 million a year. That
is a club we do not want t0 use, but I,
as one Member of the Senate, would not
hesitate to use it if they continue to go
forward.
Mr. President, this amendment is very
simple, very direct. It says that we are
against the regulation of the news con-
tent; that we are against any type of
attempt to control the free flow of in-
formation; that we feel that the best
way to have progress internationally is
to have the competition of ideas, to have
a free press, to have free access. If we
begin to "license journalists," this ac-
tion, Ifeel, will have far greater reper-
cussions than anything that has come
before this body.
Mr. President, I hope this amendment
is agreed to. I hope the Senate will go
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S 6364
on record at this time to oppose efforts
to curb the free flow of information by
seeing the so-called new world informa-
tionorder for what it actually is.
It is not 1984 yet, but George Orwell
was not too far off when he was talking
about how Government is going to con-
trol everything.
Well, government-international gov-
ernment, domestic government-should
not even think about controlling the
press. and inhibiting a free press' access
to facts and information, It is through
facts and information and the- competi-
tion of ideas that, as a country in a very
interdependent world, we shall have
progress.
I thank the Chair.
Mr. President, I ask unanimous con-
sent that a document entitled "Chro-
nology of Events" relating to UNESCO
and also the text of Senate Resolution
150 be printed in the RECORD.
There being no objection, the mate-
rial was ordered to be printed in the
RECORD, as follows:
CHRONOLOGY OF EVENTS
1972-UNESCO identifies the Western news
services as instruments for "the domination
of the world public opinion ... s source of
moral and cultural pollution^.
1974~Soviet representatives to UNESCO
introduce a "draft declaration of funda-
mental principles governing use of the mass
media in strengthening peace- and inter-
national understanding: and in combatting
war propaganda, racism and apartheid:' The
resolution asserts the right of governmental
control over the mass media.
1976-The West's opposition to the draft
declaration forces the vote on the declara-
tion to be postponed for two years. The
trade-off for postponement is an agreement
to establish a commission to study interna-
tional communications problems.
I978-UNESCO's conference produces a
draft which eliminates all references to gov-
ernmental control over the media. West-
ern representatives note,. however, the "pred-
ilection toward state control of the media"
within the UNESCO Secretariat.
1980-The so-called Mac: Bride Commis-
sion issues its report.. Wessern observers find
in the report a constant. advocacy of pres-
suring. if not requiring, news media to pro-
mote government-established "social,. cul-
tural, economic and political goals."
At the 1980 meeting, the West resists more
Soc-iet-backed resolutions to legitimize re-
strictions on the freedom of the press. The
trade-off this time is a commitment to a
new body within UNESCO to assist Third
World countries in building up their own
oommunications facilities. The West sup-
ports. the formation. of this new body, but
the suspicion lingers that UNESCO is ori-
ented toward greater governmental control
over the use and flow of information.
1981-In February, the UNESCO Secre-
tariat holds a meeting in Paris to discuss
proposals to license and protect journalists
and to ensure that they comply a-ith the
"generally accepted" ethics of their profes-
sion. Only intense pressure from Western
delegates and media representatives succeed
in opening the meeting and blocking the
proposals. The proposals remain, however,.
on the UNESCO agenda for its next General
Conference in 1983.
S. RES. 154
Whereas the first amendment to the Con-
stitution of the United States upholds the
principle of freedom of the press;
Whereas article 19 of the Universal Decla-
ration of Human Rights states that "every-
one has the right to Freedom of opinion and
expression; this right includes the freedom
CONGRESSIONAL RECORD-SENATE June 17, 1981
to hold opinions without interference and
to seek, receive, and impart information and
ideas through any media regardless of
frontiers";
Whereas the signatories to the Final Act
of the Conference on Security and Coopera-
tion in Europe concluded in 1975 in Helsinki,
Finland, pledged themselves to foster "freer
flow -and wider dissemination of information
of all kinds", and to support "the improve-
ment of the circulation of, access to, and
exchange of information";
Whereas the Constitution of the United
Nations Educational, Scientific, and Cultural
Organization itself is committed to "pro-
mote the free flow of ideas by word and
image"; and
Whereas a free press is vital to the func-
tioning of Yree governments: Now, therefore,.
be it
Resolved, That (a) the Senate of the
United States of America strongly opposes
efforts by the United Nations Educational,
Scientific, and Cultural Organization to at-
tempt to. regulate news content and to for-
mulate rules and regulations for the opera-
tion of the world press.
ib) The Senate also opposes efforts bq some
countries to further control access to and
dissemination of news.
SEC. 2. The Secretary of the Senate shall
transmit a copy of this resolution to the
Secretary General of the- United Nations and
to~ the Director General. of the United Nations
Educational, Scientific, and Cultural Organi-
zatiorl.
Mr. PERCY. Mr. President,. I ask unan-
imous consent that I may be added as a
cosponsor to the amendment of the dis-
tingushed Senator,
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. PERCY. Mr. President, I point out
that I have been very proud indeed. that
the publishers and editors in my awn
State of Illinois leave taken a leadership
position in this area. I know that. Clayton
Kirkpatrick of the Chicago Tribune, who
just retired as chief executive officer of
the Tribune Co., has taken a strong po-
sition.
I feel the amendment is well taken and
should be put in the hands of the De=
partment of State to strengthen our po-
sition and the. position that they have
taken at the United Nations.
Mr. QUAYLE. Mr. President, I thank
the very distinguished chairman.
Mr. MOYNIHAN. Mr. President, I have
the honor to be a cosponsor of the
amendment introduced by the distin-
guished Senator from Indiana; who is
leading the Senate in this matter as the
United States ought- to lead the world. I
am delighted to hear that. the distin-
guished chairman of the Committee on
Foreign Relations joins us in this matter.
VP AIvIENDbIENT NO. 15a
Mr. President, I send to the desk an .
unprinted amendment to the amend-
ment before us.
The PRESIDING OFFICER. The
amendment will be stated..
The assistant legislative clerk read as
follows:
The Senator from New York (Mr. MOYNI-
HAN) for himself and Dlr. MTTCHELL pro-
poses an unprinted amendment numbered
158 to amendment No. 157.
At the end of the amendment, add the fol-
lowing new section:
PROMOTION OF FREE PRE6S
(al None of the funds authorized to be
appropriated under paragraph (2) of section
102 of this Act may be used for payment by
the United States toward the assessed budget
of the United Nations Educational, Scientific
and Cultural Organization if such payment
would cause the total contribution of the
United States to the United Nations Educa-
tional, Scientific and Cultural Organization
to exceed its assessed contribution less 25
percent of the amount made available by the
United Nations Educational, Scientific and
Cultural Organization for projects or orga-
nizational entities the effect of which is to
license journalists or their publications, to
censor or otherwise restrict the free flow of
information within or between countries, or
to impose- mandatory codes of journalistic
practice or ethics.
(b) The Secretary of State shall prepare
and transmit annually to the Congress a re-
port on the Implementation of this section.
Mr. MOYNIIiAN. Mr. President, the
object of this amendment, which the
Senator from Indiana,. and the distin-
guished chairman of the Committee on
Foreign Relations have joined me in co-
sponsoring, is to put teeth into the
statement Mr. QUAYLE and I have
offered.
Mr. President, the freedom of the press
is under assault from the United. Nations
Economic, Scientific and Cultural Orga-
nization.- It is as ironic a thing as has
happened in the long history of this
organization. The first head of UNESCO
was Julian Huxley, that great expositor
of the idea of the liberal exchange of
views and oP competition in the market-
place of ideas. The charter of UNESCO
itself declares that "Since wars begin in
the minds of men, it is in the minds of
men that the defenses of peace must be
constructed." It goes on to pledge "un-
restricted pursuit of objective truth, and
the free exchange of ideas and knowl-
edge.".
This has been steadily perverted across
the spectrum of UNESCO activities, but
in no area has it been more alarming
than this, the planned creation of a New
World Information Order.
The evaluation of this proposal, it
should be known,. began in 1975, when
the Soviet Union introduced in the gen-
eral conference of UNESCO a "draft
declaration on fundamental principles
governing the use of the media in
strengthening peace and international
understanding and combating war, prnr
aganda, racism, and apartheid."
The objective of the Soviet Union,
then as now, was to bring about an alli-
ance of the developing nations and the
totalitarian nations to control the move-
ment of information in the way it is
controlled in their own countries. The
proposal as it comes to us from UNESCO,
in the context of its vt-ork plan for 1981
through 1983, talks about the "promo-
tion of a free flou* and a wider and better
balanced exchange of information." We
should view this through Orwellian
lenses and understand that what this
actually means is the promotion of an
unfree flow and a narrow and worse and
more restricted exchange of misinfor-
matl6n.
Mr. President, the United States has. ~.
been understanding of the complaints
of the developing countries, as have. the
other countries of the democratic world.
In 1976, we met in Nairobi and asked, ,
"Must we go forward with this2"and we
agreed to a commission. A commission
was appointed, headed by a winner of the
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June 17, .1981 CONGRESSIONAL RECORD-SENATE
Lenin Peace Prize. May I say, Mr. Presi-
dent, you do not get a Lenin Peace Prize
unless you have deserved it.
The PRESIDING OFFICER. May we
have order in the Senate? The Senator
is making an important point.
Mr. MOYNIH'AN. The predictable pro-
posal from a commission headed by a
recipient of the Lenin Peace Prize, to
legitimize state power over journalists,
was presented to the general conference
at Paris. The West said, "We cannot have
the licensing of journalists. If govern-
ment gives you the right to be a journal-
ist, it may also deny you that right."
We said, "Can we not help with bhe
technology -af information flow?" It is
a complex technology. It depends very
much on sophisticated and expensive
things like satellites. The new nations
have a legitimate claim to share the
benefits of this technology. We have of-
fered to do so. It is not what they want.
They want government control of the
press. They want a world press which
reflects the press they have, in the main,
in their own nations.
In 1980, at the Belgrade Conference,
the McBride Commission again came
forward. We said, `TThis is not acceptable
to countries with a traditflon of a free
press. Can we not help you with the
technology? Can we not offer our re-
sources in i`unds and in knowledge?"
A council of 35 members, the Inter-
national Program for the Development
of Communications, was established to
oversee the transfer of media technology
to the developing world. It was agreed
then, at Belgrade in November 1980, that
the council would work by consensus,
that it would be necessary to have the
cooperation of the minority of states
which value a free press, for the IPDC
to operate. Then, to and behold, the rules
were presented saying decisions would
be taken by majority vote, in the same
way as they are done in the General
Assembly and other . UN forums. This
should not have come as a surprise. The
members of the United Nations, and
UNESCO, have long since ceased to re-
spect the obligations of the majority
toward a minority. It should. similarly
not be a surprise when the IPDC, the
proposal of the democratic states, does
not work.
Mr. President, the views of one Mem-
ber of this body might not seem to carry
very much weight in our deliberation.
Allow me to point out that I am joined
in this view by others, in addition to my
able colleagues who are cosponsors of
this amendment. Exactly one month
ago, on May 17, in the French village of
Talloires, near Geneva, a group of dis-
tinguished leaders of news organizations
from 20 nations assembled under the
auspices of the Fletcher School of Law
and Diplomacy of Tufts University. They
adopted a statement of principle and
purpose in defense of a free press that
is called the Declaration of Talloires.
Mr. President, I suggest the absence of
a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The assistant legislative clerk pro-
ceeded to call the roll.
Mr. MOYNIHAN. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. MOYNIHAN. Mr. President, I ask
unanimous consent that my amendment
be modified by adding eight words at the
beginning, as follows: "it is the sense of
the Congress".
The PRESIDING OFFICER. Withc ut
objection, it is so ordered. The amend-
ment, as modified, is as follows:
At the end of the amendment, insert ? the
following new section:
PROMOTION OF FREE PRESS
SEC. 503. It is the sense of the Congress
that (a) none of the funds authorized to
be appropriated under paragraph (2) of
section 102 of this Act may be used for paq-
ment by the United States toward the as-
sessed budget of the United Nations Educa-
tional, Scientific and Cultural Organization
if such payment would cause the total con-
tribution of the IInited States Lo the United
Nations Educational, Scientific and Gulturai
Organization to exceed its asessed contri-
bution less 25 percent of the amount made
available by the United Nations Educational,
Scientific and Cultural Organization for proj-
ects or organizational entities the effect of
which is to license journalists or their pub-
lications, to censor or otherwise restrict the
free flow of information within or between
countries, ar to impose mandatory codes of
journiistic practice or ethics.
(b) The Secretary of State shall prepare
and transmit annually to the Congress a
report on the implementation of this section.
Mr. PERCY. Mr. President, may we
have the yeas and nays?
Mr. MOYNIHAN. i ask for the yeas
and nays, Mr. President.
The PRESIDING OFFICER. IS there
a sufficient second? There is a sufficient
second..
The yeas and nays were ordered.
Mr. MOYNIHAN. Mr. President, I shall
not delay the Senate more than another
minute. I would like to advise the Sen-
ate of the type of people that met at Tal-
loires to deplore "this slide toward an
international. accord on the harnessing
of the free press, which currently preoc-
cupies UNESCO: Mr. Harold Andersen
of the Omaha World-Herald, a member
of the World Press Freedom Comm'.ttee;
Mr. V. O. tldefela, News Agency of Ni-
geria; NIr. Maribel Bahia of the Interna-
Federation of Newspaper Publishers;
Mr. George Beebe of the Miami Herald;
representatives of United Press Interna-
tional and the Associated Press. I par-
ticularly call to this body's attention,
the participation at Talloires of Mr.
Peter Gailines, of the International Press
Institute, which has kept the conscience
of the world in this matter. Also attend-
ing were Mr. Murray Gart, editor of the
Washington Star and Mr. Georges-
Henri Martin, the publisher of Tribune
de Geneve, both men of impeccable
standards.
All of these individuals rose together
at Talloires and said to UNESCO, "No
more."
So, too, Mr. President, should the Con-,
gress of the United States. As our dis-
tinguished Assistant Secretary of State
for International Organizational Affairs,
Mr. Elliott Abrams, has said the ques-
S 6365
tion is not the future of the free press.
The question is the future of UNESCO.
It is time the people at UNESCO were
awakened to that fact.
The amendment before us says that it
is the sense of Congress that the United
States should withhold from its contri-
bution to UNESCO our share of the
money UNESCO chooses to spend imple-
menting its misguided New World Infor-
mation Order. Because we provide 25
percent of UNESCO's operating budget,
we should withhold 25 percent of the
amount spent on activities whose effect,
in the words of the amendment: "is to
license journalists or their publications,
to censor or otherwise restrict the free
flow of information within or between
countries, or to impose mandatory codes
of journalist practice or ethics."
I urge my colleagues to adapt this
amendment, which will send the mes-
sage to UNESCO that we are serious
about defending that most precious
right of a free people, the right of opin-
ion and expression that is both epito-
mized and guaranteed by a free press.
? I ask unanimous consent that the
Declaration of Talloires as well as the
names of the distinguished signatories
lie printed in the RECORD.
There being no objection, the material
was ordered to be printed in the RECORD,
as follows:
TEXT OF DECLARATION BY INDEPENDENT NEWS
ORGANIZATIONS ON FREEDOM OF PRESS
TALIAIR,ES, FRANCE, May 17.-Following is
the text of the Declaration of Talloires,
adopted by the leaders of independent news
organizations from 20 countries at the
Voices of Freedom conference:
We journalists from many parts of the
world. reporters. editors, photographers, pub-
lishers and broadcasters, linked by our Iriu-
tual dedication to a free press,
Meeting in Talloires, France, from May 15
to 17, 1981, to consider means of improving
the free flow of information worldwide, and
to demonstrate our resolve to resist any en-
croachment on this free flow,
Determined to uphold the objectives of
the Universal Declaration of Human Rights,
which in Article 19 states, "everyone has the
right to freedom of opinion and expression;
this right includes freedom to hold opinions
without interference and to seek, receive and
impart information and ideas through any
media regardless of frontiers,"
Mindful of the commitment of the Consti-
tution of the United Nations Educational,
Scientific and Cultural Organization to
"promote the free flow of ideas by word and
image,"
Conscious also that we share a common
faith, as stated in the charter of the United
Nations, "in the dignity and worth of the
human person, in the equal rights of men
and women, and of nations large and small,"
Recalling moreover that the signatories of"
the final act of the Conference on Security
and Cooperation in Europe concluded in
1975 in Helsinki, Finland, pledged them-
selves to foster "freer flow and wider dis-
semination of information of all kinds, to
encourage cooperation in the field of infor-
mation and the exchange of information
with other countries, and to improve condi-
tions under which journalists from one par-
ticipating state exercise their profession in
another participating state" and expressed
their intention in particular to support "the
improvement of the circulation of, access to,
and exchange of information,"
Declare that:
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5 6366
(1)
We affirm our commitment to these prin-
ciples and call upon all international bodies
and nations to adhere faithfully to them.
(2)
We believe that the free flow of Informa-
tion and ideas is essential for mutual under-
standing and world peace. We consider re-
straints on the movement of news and in-
formation to be contrary to the interests of
international understanding, in violation of
the Unic?ersal Declaration of Human Rights,
the constitution of Unesco, and the final act
of the Conference on Security and Coopera-
tion in Europe; and inconsistent with the
charter of the United Nations.
(3)
We support the universal human right to
be fully informed, which right requires the
free circulation of news and opinion. We cig-
orouslp oppose any interference with this
fundamental right.
(4)
We insist that free access, by the people
and the press, to all sources of information.
both official and unofficial, must be assured
and reinforced. Denying freedom of the press
denies all freedom of the individual.
(5)
We are aware that governments, in dec?el-
oped and developing countries alike, fre-
quently constrain or otherwise di.courage
the reporting of information they consider
detrimental or embarrassing, and that gov-
ernments usually invoke the national inter-
est to justify these constraints. We believe,
however, that the people's interests, and
therefore the interests of the nation, are
better served by free and open reporting.
From robust public debate grows better un-
derstanding of the issues facing a nation
and its peoples; and out of understanding
greater chances for solutions.
(6),
We believe in any society that public in-
terest is best served by a variety of inde-
pendent news media. It is often suggested
that some countries cannot support a mul-
tiplicity of print journals, radio and televi-
sion stations because there is said to be a
lack of an economic base. Where a variety
of Independent media is not available for
ant reason, existing information channels
should reflect different points of vietp.
(7)
We acknowledge the importance of adver-
tising as a consumer service and in provid-
ing financial support for a strong and self-
sustaining press. Without financial inde-
pendence, the press cannot be independent.
(8) ~
Vi'e recognize that new technologies have
ereatly facilitated the international flow of
information and that the news media in
many countries have not sufficiently bene-
fited from this progress. We support all ef-
forts by international organizations and
other public and pric?ate bodies to correct
this imbalance and to make this technologc?
available to promote the a?orldwlde advance-
ment of the press and broadcast media and
the journalistic profession.
(9)
W'e beliec?e that the debate on news and
information in modern society that has
taken place in Unesco and ohter interna-
tional bodies should now be put to construc-
tive purposes. We reaffirm our views on sev-
eral specific questions that have arisen in
the course of this debate, being convinced
that
Censorship and other forms of ari~itrary
control df information and opinion should
be eliminated; the people's right to news
and information must not be abridged.
Access by journalists to diverse sources
of news and opinion, official or unofficial,
CONGRESSIONAL RECORD-SENATE Jute 17, 1981
should be without restriction. Such access
is inseparable from access of the people to
information.
There can be no international code of
journalistic ethics; the plurality of clews
makes this impossible. Codes of journalistic
ethics, if adopted within a country, should
be formulated by the press itself and should
be voluntary in their application. They can-
not be formulated, imposed or monitored by
governments without becoming an instru-
ment of official control of the press and
therefore a denial of press freedom.
Members of the press should enjoy the full
protection of national and international law.
We seek no special protection nor any spe-
cial status and oppose any proposals that
.would control journalists in the name of
protecting them.
There should be no restriction on any
person's freedom to practice journalism.
Journalists should be free to form organi-
zations to protect their professional interests.
Licensing of journalists by national or in-
ternational bodies should not be sanctioned,
nor should special requirements be de-
manded of journalists in lieu of licensing
them. Such measures submit journalists to
controls and pressures inconsistent with a
free press.
The press's professional responsibility is
the pursuit of truth. To legislate or other-
wise mandate responsibilities for the press
is to destroy its independency The ultimate
guarantor of journalistic responsibility is the
free exchange of ideas.
All journalistic freedoms should apply
equally to the print and broadcast media.
Since the broadcast media are the primary
purveyors of news and information in many
countries, there is particular need for na-
tions to keep their broadcast channels open
to the free transmission of news and opinion.
(10)
We pledge cooperation in all genuine ef-
forts'to expand the free flow of information
worldwide. We believe the time has come
within Unesco and other intergovernmental
bodies to abandon attempts to regulate news
content and formulate rules for the press.
Efforts should be directed instead to find-
ing practical solutions to the problems be-
fore us, such as improving technological
progress, increasing professional inter-
changes and equipment transfers, reducing
communication tariffs, producing cheaper
newsprint and eliminating other barriers to
the development of news media capabilities.
Our interests as members of the press,
whether from the developed or developing
countries, are essentially the same; ours is
a joint dedication to the freest, most accu-
rate and impartial information that is with-
in our professional capability to produce and
distribute. We re}ect the view of press
theoreticians and those national or inter-
national officials who claim that while peo-
ple in some countries are ready for a free
press, those in other countries are insuffi-
ciently developed to enjoy that freedom.
We are deepic concerned by a growing
tendency in many countries and in interna-
tional bodies to put government interests
above those of the individual, particularly
in regard to information. We believe that
the state exists for the individual and has
a duty to uphold individual rights. We be-
lieve that the ultimate definition of a free
press lies not.in the actions of governments
or international bodies, but rather in the
professionalism, vigor and courage of indi-
vidual journalists.
Press freedom is a basic human right. VVe
pledge ourselves to concerted action to up-
hold this right.
$IG2~?ATIIRES
Horatio Aguirre, (Inter American Pres;
Association) , Diario de las Americas. 290(
NW 39th Street, A41ami, Fla. 33142, USA.
Robert C. Amerson, (Fletcher School 01
Law and Diplomacy), Center for Interna-
tional Business, 22 Batterymarch, Boston
Mass. 02109, USA. -
Harold W. Andersen, (World Press Freedom
Committee), Omaha World-Herald, World-
Herald Square, Omaha, NE 68102, USA.
Jean d'Arcy, (International Institute of
Communication) , 8 rue Leroux, 75116 Paris
France.
Lord Arda?ick of Barnes, (Commonwealth
Press Union) ? 10 Chester Close, Queen's Ride,
Barnes Common, London SW13, England.
Dfaribel Bahia. International Federation of
Newspaper Publishers (FIEJ) , 6 rue du Fau-
bourg-Poissoniere, 75010 Paris, France.
R. Balakrishnan, Asia-Pacific Institute for
Broadcasting Development, PO Box 1137.
Pantai, Kuala Lumpur, Afalaysia.
Frank Batten. Landmark Communications,
Inc., 150 West Brambleton Ave., Norfolk, Va.
23501, USA..
Roderick Beaton, United Press Interna-
tional, 220 East 42nd Street, New York, NY
10017, USA.
George Beebe, (World Press Freedom Com-
mittee), Miami Herald. One Herald Plaza,
Miami, Fla. 33101, USA.
Dr. Hans Benirschke, Deutsche Presse-
Agentur, Hamburg 13, bfittelweg 36, West
Germany.
Dr: Johannes Binkouski, !International
Federation of Newspaper Publishers) .
Schwaebiscag Post, Villestrasse 11, 7000
Stuttgart 1, West Germany.
B. Brandolini d'Adda iInternational Fed-
eration of the Periodical Press), Selezione dal
Readets Digest S.p.A., Via Alserio 10, 20159
Milan, Italy.
Dana Sullen, Fletcher School of Laa? and
Diplomacy, Tufts University, Medford, MA
02155. USA.
Oliver F. Clarke, The Dailp Gleaner, PO Box
4Q Kingston, Jamaica.
Pedro Crespo de Lara. Asociacion de Edi-
tores de Diarios Espanoles, Espronceda 32, 6a,
Madrid 3. Spain.
Anthony Day, 1 American Society of News-
paper Editors). Los Angeles Times. Times-
Mirror Square, Los Angeles, CA 90053, USA.
Jonathan Fenby, 47 Rue de_ 1'Unicersite,
75007 Paris. France.
Don Ferguson, (North American National
Broadcasters Association!, Canadian Broad-
casting Association. Box 500, Station A, To-
ronto, Ontario 1\15W 1E6. Canada.
Julio C. Ferreira de Diesquita, ~ Inter Amer-
ican Press Association), O Estado do Sao
Paulo, A.B. Eng. Gaetano, Alvarez. 55 Bairro
da Limao, Sao Paulo. Brazil.
Keith Fuller, Associated Press, 50 Rockefel-
ler Plaza. New York, NY 10020. USA.
Peter Galliner. International Press Insti-
tute. 280 St. John Street. London ECiV 4PB,
Eng]and.
Andres Garcia-Levin. (Inter American
Press Association 1 , Nocidades de Yucatan,
Merida. Yucatan, Dlexico.
Murray J. Gart. Washington Star, 225 Vir-
ginia Ave.. SE., ~S'ashington,,DC 20061. USA.
Dr. hfohamed Abdel Gawad. Afiddle East
News Agency, 4 EI-Sherifein Street, Cairo,
Egypt.
Henry A. Grunwald. Time. Inc., Time-Life
Building, Rockefeller Center, New York, NY
10020, USA.
William G. Harley. 6323 ~'Vaterway Drive.
Falls Church. Va. 20520.
Stephen Hearst, British Broadcastin; Cor-
poration. Broadcasting House, Portland Place.
London WIA IAA. England.
Argentina S. Hills !American Society of
Newspaper Editors), c'o Miami Herald, One
Herald Plaza, Dfiami, Fla. 33101, USA:
V. O. Adefela, News Agency of Nigeria. Na- Editors), Knight=Ridder Neccspa~ers, Inc..
tional Theater, IGANhfU, Post Mail Box One Herald Plaza, Aiiami, Fia. 33101, USA.
12756, Lagos, Nigeria. Toshio Horikau?a (Nihon Shimbun Kyo-
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June 17, 19 81 CONGRESSIONAL RECORD --SENATE
kai), 7-23-14 Kitakofwa, Edogawa-ku, Tokgo
133, Japan.
Julius Humi, United Press International,
8 Bouverie Street, London EC 4Y 8VB, Eng-
land.
Cushrow Irani (International Press Insti-
tute), The Statesman, House 4, Chowringhee
Square, Calcutta 1, India.
Manuel Jimenez (Central American News
Agettcy), La Nation, San Jose, Costa Rica.
Alma Kadragic (Women in Communica-
tions), ABC News, 7 West 66th Street, New
York, N.Y. 10023, USA.
Gerald Long, The Times Newspapers, 200
Gray's Inn Road, Thompson House, London
8C1X BEZ, England.
K. Prescott Low (American Newspaper Pub-
lishers Association), Quincy Patriot-Ledger,
13 Temple, Quincy, Mass. 02169, USA.
Arch L. Madsen (National Association oY
Broadcasters), Sonnevilie International
Corp., 36 South State, Suite 2100, Salt Lake
City, Utah 84111, USA.
Leonard H. Marks (World Press Freedom
Committee) ,Cohn & Marks, 1333 New Hamp-
shire Ave., NW., Washington, D.C. 20036,
USA.
Georges-Henri Martin, Tribune de Geneve,
Rue du Stand 42, 1204 Geneva, Switzerland.
Lord McGregor of Durris, (University of
London), Far End, Wyldes Close, London
NWll 7JB, England.
Simopekka Nortamo, (International Press
Institute), Helsingin Sanomat, PO Box 240,
SF-00101, Helsinkii 30, Finland.
Dr. Sid-Ahmed Nugdalla, University of
Khartoum, Khartoum, Sudan.
Henri Pigeat, Agence France-Presse, 11
Place de la Bourse, Paris, France.
Philip H. Power (World Press Freedom
Committee), Suburban Communications
Corp., 527 E. Liberty, Rm. 202, Ann Arbor,
Mich. 48104, USA.
Sarah Goddard Power, 527 E. Liberty, Rm.
207, Ann Arbor, Mich. 48104, USA.
Curtis Prendergast (World Press Freedom
Committee), Time, Inc., Time-Life Building,
Rockfeller Center, New York, NY 10020, USA.
R. P. Ralph, Foreign and Commonwealth
Office, London, SW1A 2AH, England.
Joseph P. Rowley (American Newspaper
Publishers Association), The High Point
Enterprise, PO 1009, High Point, N.C.
27261, USA.
Rosemary Righter (the Sunday Times), 10
Quick Street, Landon N1, England.
Oliver G. Robinson, International Press
Telecommunications Council, Studio House,
Hen and Chickens Court, 184 Fleet Street,
London EC4A 2DU, England.
Mort Rosenblum, 40 rue de St. Louis en
1'nle, 75004 Paris, France.
Murray Rossant, Twentieth Century Fund,
41 East 70th Street, New York, NY 10021,
USA.
Hewson A. Ryan, Fletcher School of Law
and Diplomacy, Tufts University, Medford,
MA 02155, USA.
Michael Saint-Poi, Agence France-Presse,
11 Place de la Bourse, Paris, France.
Victor de la Serna, Association de Editores
de Diarios, Espanoles, Espronceda 32, 6a Ma-
drid S, Spain.
Dr. M. L. Snijders, (International Press
Institute), Utrecht Niewsblad, Drift 23, 3512
BR Utrecht, Holland.
H. L. Stevenson, United Press Internation-
al, 220 East 42nd Street, New York, NY 10017,
USA.
Dr. Robert Stevenson, University oP North
Carolina at Chapel Hill, Howell Hall 021A,
Chapel Hill, NC 27514, USA.
Leonard Sussman, Freedom House, 20
,West 40th Street, New York, NY 10018, USA.
Stanley M. Swinton, Associated Press, 50
Rockefeller Plaza, New York, NY 10020, USA.
Frans Vink, (International Federation of
Newspaper Publishers), Het Lastste Nieuws,
- Em. Jacgmainlaan 105, 1000 Brussels, 8ei-
gium.
Walter N. Wells, International Herald
Tribune, 181 avenue Charles de Gaulle,
92521 Neuilly Cedex, Paris, France.
Dr. Brigitte Weyl, (international Federa-
tion of Newspaper Publishers) , Sudkurier,
Toftach 4300, D-7750 Konstanz, West Ger-
many.
Hector Wynter, The Daily Gleaner, PO
Box 40, Kingston, Jamaica.
Mr. MOYNIHAN. Mr. President, I see
that the distinguished Senator from In-
diana is on his feet.
Mr. QUAYLE. Mr. President, I should
like the record to show that the Senator
from New York was a leader in this ef-
fort; that he and I had similar amend-
ments coming ixl today; that this is a
joint effort of the Senator from Indiana
and the Senator from New York in bring-
ing this mattEr to the attention of the
Senate. The Senator from New York has
described it as an international assault
on the freedom of the press. i want the
record to show that clearly.
The distinguished chairman of the
committee is now a cosponsor of this
amendment. The Senator from Dela-
ware (Mr. RoTx) wishes to have his name
added as a cosponsor, and I ask unani-
mous consent that that be done.
The PRESIDING OFFICER. Without
_ objection, it is so ordered.
Mr. QUAYLE. I again thank ?the Sen-
ator from New York for his leadership
and for his cooperation.
Mr. MOYNIHAN. i thank my learned
and gallant friend.
Mr. PERCY. Mr. President, today, by
adopting this amendment that I am
proud to cosponsor, together with my
distinguished colleagues the Senator
from Indiana, (Mr. QUAYLE) and the
Senator from New York, Senator MoY-
NIFIAN, we make it clear that the Sen-
ate of the United States is adamantly
opposed to the efforts at UNESCO to
regulate news content and to formulate
rules and regulations for the operation
of the world press.
Press freedom fs one of the unique
achievements of free societies. As repre-
sentatives of the greatest free society on
Earth, it is right that we express our-
selves clearly and strongly on this point.
We refuse to stand idly by while others
seek to erode freedom of the press.
This amendment expresses the sense
of the Senate that , II.S. payment to
UNESCO will be reduced if UNESCO
sponsors efforts to license journalists, or
their publications, to censor or other-
wise restrict the free flow of information
within or between countries, or to im-
pose mandatory codes of journalistic
practice or ethics.
I support this amendment with con-
cern for the rights of people throughout
the Earth to have access to accurate, ob-
jective and comprehensive news, just as
we enacted into law a few years ago the
Charter of the Voice of America, requir-
ing VOA to establish high standards of
journalistic reporting and broadcasting
based on press freedom.
I am proud of what we are doing with
this amendment. It reflects our national.
pride in the press freedom we enjoy and
which we desire for all peoples every-
where.
Mr. President, I know of no other
S .6367
Members who wish to speak on this mat-
ter, and we are ready to vote. The yeas
and nays have been ordered.
The PRESIDING OF'F'ICER. The ques-
tion is on agreeing tb the amendment
of the Senator from New York (UP No.
158, as modified). On this question the
yeas and nays have been ordered, and
the clerk will call the roll.
The legislative clerk called the roll.
Mr. STEVENS. I announce that the
Senator from South Dakota (Mr. PeESS-
LEa) is necessarily absent.
The PRESIDING OF7;'ICER (Mr.
NICKLES). Are there any other Senators
who have not voted?
The result was announced-yeas 99,
nays 0, as follows:
(Rollcall Vote No. 154 Leg.l
YEAS-99
Abdnor
Garr
Mitchell
Andrews
Glens
Moynihan
Armstrong
Goldwater
Murkowskl
Baker
Gortoa
Nickles
Baucus
Grassley
Nunzi
Bsn~tsen
Hart
Packwood
Biden
Hatch
Pell
Boren
Hatfield
Percy
Boschwitz
Hawkins
Proxmire
Bradley
HayakatWa
Pryor
Bumpers
Heflin
Quayle
Burdick
Heinz
Randolph
Byrd,
Helms
Riegle
Harry F., Jr.
Hollings
Roth
Byrd, Robert C. Huddleston
Rudman
Cannoa
Humphrey
Sarbanes
Chafes
Inouye
Ssssm~
Chiles
Jackson
Schmitt
Cochran
Jepsen
Sunpson
Cohen
Johnston
Specter
Omnstan
Kassebaum
Stafford
D'Ama~to
Kasten ,
Stenmas
Danforth
Kenmredy
Stevens
DeConcini
Laxalt
Symms
Denton
Leahy
Thurmond
D1xen
Levin
Tower
Dodd
Lo?lg
Tsongas
Dole
Lugar
Wallop
Domenici
Mathias
W~asner
Durenberger
Matsunaga
Weicker
Eagleton
Mattingly
WAliams
East
McClure
Zorinsky
Exon
Melcher
Ford
Metzenbaum
NOT VOTING--1
Pressler
SO Mr. MoYNIIiAN'$ amendment (UP
No. 158), as modified, was agreed to.
Mr. MOYNIHAN. Mr. President, I move
to reconsider the vote by which the
amendment was agreed to.
Mr. QUAYLE. I move to'.ay that mo-
tion on the table.
The motion to lay on the table was
agreed to.
Mr. LEAHY addressed the Chair.
The PRESIDING OF'F'ICER. The Sen-
ator from Kansas.
Mr. QUAYLE. The vote was on the
amendment to the Quayle amendment,
Have we voted on the Quayle amendment
as amended?
The PRESIDING OF'F'ICER. The
Quayle amendment has not been agreed
to as yet.
Mr. QUAYLE. All right. I move for its
adoption.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment of
the Senator .from Indiana, as amended.
Putting the question:)
The amendment (UP No. 157> , as
amended, was agreed to.
Mr. QUAYLE. Mr. President, I move to
reconsider the vote by which the amend-
ment was agreed to.
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Mr. ROTH. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to.
Mr. LEAHY addressed the Chair.
Mr. PERCY addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from Kansas.
Mr. ROBERT C. BYRD. Mr. President,
will the Senator yield?
Mr. DOLE. The Senator from Kansas
will yield without losing his right to the
floor.
Mr. ROBERT C. BYRD. Mr. President,
I call attention to the fact that the Sen-
ator from Vermont was repeatedly seek-
ing recognition. I would hope that the
Chair would recognize Members on this
side of the aisle when they clearly seek
recognition. Under the rule the first Sen-
ator to seek recognition is to be recog-
nized. Of course, it is within the discre-
tion of the Chair and there is no appeal
from the Chair's decision. I hope the
Chair will be fair in the recognition of all
Senators.
I thank the distinguished Senator from
Kansas for yielding.
Mr. DOLE. Mr. President, may we have
order?
The PRESIDING OFFICER. The Sen-
ate will be in order.
Mr. DOLE. Mr. President, I appreciate
the eomments of the distinguished Sen-
ator from West Virginia. But I do believe
that we ixi past months and years have
recognized-
Mr. LEAHY. Mr. President, can we
have order? The lack of order was the
reason why the Chair was unable to hear
me, because i was on my feet ahead of
the Senator from Kansas..At least if we
can have order we can hear now.
Mr. DOLE. Mr. President, I do not
think this is unprecedented for the Chair
to recognize whomever he may see seek-
ing recognition.
Mr. ROBERT C. BYRD. Mr. President,
will the Senator yield on that point?
Mr. DOLE. I have been here for 12
years-
Mr. ROBERT C. BYRD. I have been
the foremost defender of the minority
in the matter of fairness and being rec-
ognized by the Chair.
I say it will cause division and strife
and great difficulty in this body if the
minority feel that the Chair is not being
fair in recognizing members of the
minority.
I thank the Senator for yielding.
Mr. DOLE. Mr. President, I do not
have any quarrel with the distinguished
Senator from West Virginia, and I do
not think I have much of a quarrel with
the Senator from Vermont. I just sug-
gest that we may be able to resolve any
differences we have before we do any-
thing on an amendment that is about to
be called up by either the Senator from
Vermont or the Senator from Kansas,
and I would be very willing to discuss
that with the Senator from Vermont, and
maybe we can work out some approach
to this that is not strictly partisan.
It has been my understanding around
here for some time that we had a bi-
partisan policy on nutrition issues. I
stood here on the floor a week ago with
the Senator from Vermont shoulder to
CONGRESSIONAL RECORD -SENATE June 17, 1981
shoulder on a number of nutrition issues,
and I hope we can have the same con-
sideration today.
This involves infant formula, and I
think there are some who see a chance
for alittle-a chance to nick the admin-
istration abit. If that is what the Sena-
tor from Vermont has in mind, the Sen-
ator from Kansas does not consider that
to be a bipartisan approach. The Senator
from Kansas is going to do something
else, but if we want to work it out so that
we take out the language critical of the
administration and approach this iz1 a
way that I think we should, then we can
proceed to dispose of this very quickly.
I would like to ask the distinguished
Senator Prom Vermont if he thinks that
is a possibility.
Mr. LEAHY. The Senator from Kan-
sas, Mr. President, will recall that the
Senator from Vermont spent a number
of hours on the floor last week defend-
ing the position of the Senator from
Kansas while the Senator from Kansas
was necessarily required to be in the
Committee on Finance on very signifi-
cant matters ixi his capacity as chair-
man of the Committee on Finance.
And the Senator from Vermont rather
arduously argued for and defended and
promoted positions taken by the Senator
from Kansas and reiterated over and
over again the great respect the Sena-
tor from Vermont has for the Senator
from Kansas' position on nutrition mat-
ters.
I would assume that is what the Sena-
tor from Kansas-if I might have his
attention just for amoment-I assume
that that is what the Senator from
Kansas refers to as a bipartisan effort.
Certainly the Senator from Vermont felt
it was. '
Now, Mr. President, we maybe dis-
cussing amoot point. We seem to be in
a debate on an amendment or on a reso-
lution which is not before the Senate
yet.
The Senator from Vermont would re-
mind his colleagues, including the Sena-
tor from Kansas, that the Senator from
Vermont has consistently for years, both
in Republican and Democratic adminis-
trations, taken precisely the same po-
sition on the issue of infant formula
that he intends to take on the floor
today.
The Senator from Kansas served with
me on the Presidential Commission on
World Hunger. The position that I took
there-a position that, as I recall, the
Senator from Kansas agreed with in the
Presidential Commission on World
Hunger under President Carter-is pre-
cisely the same position that I would
hope to urge here today. It is not a par-
tisan position. I think it is reflected, bas-
ically, in the resolution adopted in the
House of Representatives yesterday by
an overwhelming bipartisan coalition.
It is a case, incidentally, where the
resolution that the Senator from Ver-
mont would- hope to have before us that
would say, among other things, that the
Congress would reaffirm the dedication
of the United States in the protection
of lives to all the world's children and
the support of the United States for ef-
forts to improve world health.
Now, if that is not a blessing of not
only our country, our Congress, our
positions in the administration, I do not
know what is.
I realize I am speaking on the time of
the Senator from Kansas and, naturally,
I yield back to him.
Mr. DOLE. I was just asking a ques-
tion. Iguess the question I asked the
Senator from Vermont is if there is an
opportunity to let somebody else have
the floor and the two of us go back and
see if we can agree on some common
language. I know the Senator from Vir-
ginia would like to be recognized.
Mr. LEAHY. The Senator from New
York does also.
Might i suggest to the Senator from
Kansas that-
Mr. DOLE. I do not need to be lectured
by the Senator from Vermont. If he
would like to discuss it, we will discuss it.
If not, I will offer the resolution.
Mr. LEAHY. Mr. President, I was
seeking to answer the question of the
Senator from Kansas. I was not seeking
to respond either to his lecture or to
make a lecture. I would be perfectly
willing to discuss the matter with him
and follow his suggestion that we yield
to the Senator from New York and the
Senator from Virginias. and, in the
meantime, take up matters which I
understand are either speeches or things
that are just going to be accepted any-
way, and then he may want to suggest
that we then come back to this issue.
Mr. DOLE. Mr. President, I think the
Senator from Vermont has a resolution,
as I understand it, an amendment, and
the Senator from Kansas and the Sena-
tor from Minnesota have an amend-
ment. There really is not that much dif-
ference fn the two approaches. I think
perhaps in 5 minutes we can work out
some language that might be satisfac-
tory to the managers of the bill, the
Senator from Vermont, the Senator
from Kansas, and the Senator from
Minnesota and others who have an in-
terest in this.
And I say this, I hope, in the proper
spirit. We do work closely together on
the nutrition issues and I do not want
that partnership, if that is riot an over-
statement, to be destroyed in some par-
tisan effort, either by this Senator or
any other Senator. So I am certainly
willing to accommodate the wishes of
the Senator from Vermont and, hope-
fully, "the manager of the bill.
Mr. PERCY. Mr. President, will the
Senator yield? I feel compelled to give
a sequence of events here that I had
agreed to. Senator BYxn approached me
and asked if he could speak on a subject
pertaining to the last amendment. I as-
sured him that if I went to the Senator
from Vermont, who had already indi-
cated that he would ask and seek recog-
nition immediately following the last
vote, that he would yield to him. The
Senator from Vermont agreed to that
procedure. I was seeking recognition so
that I might yield to the Senator iYom
Virginia when, at the same time, recog-
nition was sought by other Senators.
I feel .that 'if this matter could be
worked out in comity it "would be far
better. I would suggest we set aside this
amendment until such time as it can be
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CONGRESSIONAL RECORD -SENATE S 6369
thoroughly discussed. If it is possible to
reach an agreement, fine. If not, then let
us take them up separately in whatever
sequence is determined best.
But I would, at this time, have the
Senator from Virginia, Senator BYRD,
recognized, which would give us enough
time to work out an agreement on this
amendment. The Senator from New
York has an amendment that he could
dispose of rather quickly. It would be .
logical to take that one up next.
Mr. DOLE: Mr. President I yield to
the Senator from Vermont.
Mr. LEAHY. Mr. President, I certainly
will advise the distinguished chairman
of the Foreign Relations Committee that
I have no objection to that.
A few minutes ago, when , I thought
this was going to be a relatively non-
controversial thing, especially consider-
ing the vote in the House yesterday, my
thought was to bring up my amendment,
yield to the distinguished Senator from
New York, who has a relatively quick
matter, then to the distinguished Sena-
tor from Virginia, who said that he
wanted to make a. few remarks about one
of the earlier votes. And then, if we did
not go immediately to a vote on my
amendment, to ask to have it set aside so
that the distinguished Senator from
California could bring up a matter that
he had on the Peace Corps.
It seems to have broken down fnto
considerably more than that. Maybe it
might be good to go to the distinguished
Senators from New York, Virginia, and
California, and speak .with the distin-
guished Chairman of the Finance Com-
mittee and fmd out if, indeed, our views
have spread that much apart since last
year.
Mr. DOLE. Mr. President, there is no
amendment pending, so I agree with the
Senator from Vermont. We will, along
with the Senator from Minnesota and
others who have a direct interest in this,
adjourn to some quiet place and maybe
we can work it out. If anybody has been
offended in the last -few minutes, let the
record show that it was not intended.
Mr. PERCY. Mr. President, I would
ask, in the form of aunanimous-consent
request, that the Senator from Virginia
be recognized for such time as is re-
quired for him to comment on the last
amendment; following his recognition,
that the Senator from New York be rec-
ognized to offer an amendment; follow-
ing that, that the Senator from Cali-
fornia be recognized; and following the
disposition of that amendment; the Sen-
ator from Kansas be recognized for the
purpose _ of reporting to the Senate
whether or? not an agreement has been
reached on the infant formula amend-
ment.
The PRESIDING OFFICER. Is the
Senator making that request?
Mr. PERCY. I am making such a unan-
imous-consent request.
The PRESIDING OFFICER. Is there
objection? Without objection, it is so
-ordered.
The Senator from Virginia.
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, Iyield temporarily to the Senator
.from New York.
IIN AMENDMENT NO. 158
(Purpose: To restrict the payment of funds
by the Department of State to interng.-
tional organizations for projects that
would promote the Palestine Liberation
Organization)
Mr. MOYNIHAN. Mr. President, I send
an unprinted amendment to the desk and
ask for its immediate consideration.
The PRESIDING OFFICER. The clerk
will report the amendment.
The legislative clerk read as follows:
The Senator from New York (Mr. MOYNI-
HAN) proposes an unprinted amendment
numbered 159.
Mr. NlOYNIHAN. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
object'on, it is so ordered.
The amendment is as follows:
Page 4, immediately after line il, add the
following new section.:
SEC. 304(5). None of the funds authorized
to be appropriated under paragraph (2) of
Section 102 of this Act may be used for pay-
ment bq the United States toward the as-
sessed budget of the United Nations, or any
of its specialized agencies, which would cause
the total contribution of the IInited States
to exceed its assessed contribution less 2b
percent oY the amount budgeted by such
agency for projects of which the primary
purpose is to provide political benefits to
the Palestine Liberation Organization or en-
tities associated with it.
(b) The President shall annually review
the budget oY the United Nations, and of its
specialized agencies, to determine which
programs have the primary purpose of pro-
viding political benefit to the Palestine Lib-
eration Organization and shall report to
Congress the programs and amounts for
which the IInited States assessment is with-
held.
(c) This section shall not be construed as
limiting United States contributions to the
United Nations, or its specialized agencies for
programs for which the primary purpose is
to provide humanitarian, educational, devel-
opmental and other non-political benefits to
the Palestinian people.
Mr: MOYNIHAN. Mr. President, this
is an amendment that is supported by
both of the distinguished managers of
the legislation. It reenacts and some-
what extends two amendmeTlts adopted
in the last 2 years by which the Depart-
ment of State was instructed to reduce
where appropriate any funds appropri-
ated by the United Nations for the po-
litical advantage of the Palestine Liber-
ation Organization.
I believe it has unanimous support on
both sides of the aisle. If there is no fur-
ther debate, I would move its adoption,
Mr. President.
Mr. PERCY. Mr. President, there is
no objection on this side that I know of.
Mr. FELL. Mr. President, there is no
objection on this side.
The PRESIDING OFFICER. Is there
further debate? If not, the question is
on agreeing to the amendment of the
Senator from New York (Mr. MOYNI-
HAN) .
The amendment (UP No. 159) was
agreed to.
Mr. MOYNIHAN. Mr. President; I
move to reconsider the vote by which the
amendment was agreed to.
Mr. HARRY F. BYRD, JR. I move to
lay that motion on the table.
The motion to lay on the table was
agreed to.
The PRESIDING OFFICER. The Sen-
ator from Virginia.
THE QIIAYLE-MOYNIHAN AMENDMENTS ON
FREEDOM OF THE PRESS
Mr. HARRY F. BYRD, JR. Mr. Presi-
dent, Iwish to commend the able Sen-
ator from New York (Mr. MOYNIHAN) ,
and the able Senator from Indiana (Mr.
QIIAYLE), for the amendment which was
just adopted by the Senate. It is an im-
portant piece of legislation. What it does
is to send a message to the United Na-
tions that the U.S. Senate believes in .
freedom of the press; that the U.S. Sen-
ate does not favor licensing of the press,
and it does not favor regulation by the
United Nations of the press in any of
.the nations of the world.
I think it is an important piece of leg-
islation for the Congress to have con-
sidered and the Senate to have enacted.
I congratulate both Senator MoYNII-IAN
and Senator QUAYLE.
DEATH OF JOHN S. KNIGHT
That ties in, Mr. President, with an-
other item, one of sadness. That is the
death yesterday of one of the Nation's
outstanding newspapermen, John S.
Knight.
John S. Knight began his newspaper
career some 60 years ago on the Akron,
Ohio, Beacon News. As the years went by,
he acquired the Chicago Daily News, the
Philadelphia Inquirer, the Philadelphia
Daily News, the Miami Herald. More re-
cently, he was in the forefront of those
who put together the Knight-Ridder
organization combining the Knight
chain of newspapers with the Ridder
chain of newspapers.
Jack Knight was an all-round news-
paperman: a writer, an editor, a pub-
lisher, abusinessman of unusual acumen,
one who knew every aspect of the news-
paper business.
I think it is typical of Jack Knight
that he considered himself first and fore-
most an editor, and his weekly column,
the .Editor's Notebook, was one of the
best read columns in the United States.
I had the opportunity to serve with
Jack Knight on the board of directors
of the Associated Press.
Incidentally, I also had the oppor-
tunity to serve on the board of directors
oP the Associated Press with the grand-
father of the distinguished Senator from
Indiana (Mr. QUAYLE). I am referring
to Eugene Pulliam. He was a delightful
individual, one of the most interesting,
one of the most attractive individuals
I have had the opportunity to know and
a courageous and independent-minded
newspaperman.
I am getting a little off my subject
here, but I did want to make a few com-
ments in regard to Jack Knight who was
a wonderful friend to me through the
years. He helped me so much when I be-
came the youngest member of the Asso-
ciated Press board. He was so helpful to
me, and all through the years I valued
highly his friendship. T`he Nation yes-
terday lost a great newspaperman and
an outstanding American-Jack Knight.
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S 6370
CONGRESSIONAL RECORD -SENATE June 17, 1981
Mr. QUAYLE. If the Senator will
yield, I thank the distinguished Senator
from Virginia. As one Senator to another
and as one former newspaperman to an-
other former newspaperman., I thank
him for those kind remarks about my
grandfather.
I did not know Jack Knight person-
ally, but my family has been in the news-
paper business ever since day 1. I would
like' to be associated w7th the remarks
of the Senator and I would like to say
from my knowledge Jack Knight was a
newspaperman's newspaperman. He
knew the operation. The Knight-Ridder
newspapers are very well respected in
this .country. They get involved in the
communi"ty. So often there is some criti-
cism. I am one of those critics of the
so-called chain newspapers, but I can
say that the Knight-Ridder newspapers
take community involvement very seri-
ously. I am glad that the distinguished
Senator has brought up this matter and
I ask that I be associated with his re-
marks.
Mr. HARRY F. BYRD, JR. I thank my
colleague for his comments.
I do believe the Knight-Ridder orga-
nization is a wonderful organization.
I thank the Chair.
Mr. CRANSTON addressed the Chair.
The PRESIDING OFFICER (Mr.
HAYAKAWA) . The Senator from Cali-
fornia.
VP AMENDMENT NO. 160
(Purpose: To separate the Peace Corps from
the ACTION Agency)
Mr. CRANSTON. 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 California (Mr. CRAN-
STON), for himself, Mr. MATHIAS, Mr. BOSCH-
wrrz, Mr. HATFIELD, Mr. SARBANES, and Mr.
BRADLEY, proposes an unprinted amendment
numbered 160.
Mr. CRANSTON. Mr. President, I ask
unanimous consent that further reading
of the .amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
On page 28, below line 18, insert the
following:.
TITLE VI-PEACE. CORPS AUTONOMY
SHORT TITLE
SEC. 601. This title may be cited as the
',Peace Corps Autonomy Act".
ESTABLISHMENT AS AN INDEPENDENT AGENCY
SEC. 602. Effective on the date of enact-
ment of this Act, the Peace Corps shall be
an independent agency within the executive
branch and shall not be an agency within
the ACTION Agency or any other depart-
ment or agency of the United States.
TRANSFER OF FVNCTIONS
SEC. 603. (s) There are transferred to the
Director of the Peace Corps all functions
relating to the Peace Corps which were vested
in the Director of the ACTION Agency on the
day before the date of enactment of this Act.
(b) (1) All personnel, assets, liabilities,
contracts, property, records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds as .are deter-
mined by the Director of the Office of Man-
agement and Budget, after consultation with
the Comptroller General of the United States,
the Director of the Peace Corp;,, and the
Director oP the ACTION Agency, to be em-
ployed, held, or used primarily in connection
with anp function relating to the Peace
Corps before the date of the enactment of
this Act are transferred to the Peace Corps.
The transfer of .unexpended balances pur-
suant to the :preceding sentence shall be sub-
ject to section 202 of the Budget and Ac-
counting Procedures Act of 1950 (31 U.S_C.
581c).
(2) (A) The transfer pursuant to this sec-
tion of full-time personnel (except special
Government employees) and part-time per-
sonpel holding permanent positions shall not
cause any employee to be separated or re-
duced in rank, class, grade, or compensation,
or otherwise suer a loss of employment
benefits for one year after-
(i) the date on which the Dire
Mr. CRANSTON. Mr. President, these
areas of concern have focused upon the
unnecessary bureaucracy, decline in re-
cruitment, lowered staff morale, and gen-
eral subordination of. the Peace Corps
to the ACTION agency's domestic pro-
grams. Nowhere is the problem more
acute than in the area of recruitment
and communications. The' ACTION
agency, not the Peace Corps, is respon-
sible for recruitment activities. Volun-
teers apply to the ACTION agency itself,
not the Peace Corps. This arrangement
substantially dilutes the positive recruit-
ment value that arises from the Peace
Corps' strong public image and identity.
The decline in the number of Peace
Corps volunteers since its merger into
the ACTION agency can be attributed
.S 6371
at least in part, to the Peace Gores' loss
of control over and public identification
with its own recruitment activities.
The ACTION agency, not the Peace
Corps, controls communication. Hence,
various publications, reports, and re-
leases issued by the ACTION agency con-
tinue to portray the Peace Corps as sim-
ply one of several volunteer programs
operated by the ACTION agency.
Finally, Mr. President, very real budge-
tary and personnel problems have
plagued the merger of the Peace Corps
and the ACTION agency. The Peace
Corps is forced to pay 60 percent of the
cost of joint services, irrespective of the
proportion of those services actually pro-
vided to the Peace Corps. The separate
personnel systems-the Peace Corps with
its foreign service-based system and the
ACTION agency with its general sched-
ule-civil sei?vice system-has made it
difficult for personnel to be transferred
between domestic and international
volunteer program activities and has
been a constant source of internal
tensions. .
When . it comes to working out some
of these problems, it is the ACTION
agency, not the Peace Corps, that nego-
tiates with the employee union.
Mr. President, under the current ar-
rangement, tine Peace Corps is sub-
merged under unnecessary layers of bu-
reaucracy-a bureaucracy that saps its
strength and vitality. Indeed, the very
essence 'of the Peace Corps and its ap-
peal to Americans lies in its 'being the
antithesis of a Government bureacracy.
Yet, submerged within the ACTION
agency and subordinate to the domestic
volunteer programs, the Peace Corps has
lost much of the visibility and strength
which it enjoyed in its early days.
Mr. President, the amendment I axTl
offering, and the approach approved
overwhelmingly by both the Senate For-
eign Relations Committee sand the House
Foreign Affairs Committee, would restore
the Peace Corps to the. kind of opera-
tional independence it enjoyed during its
first 10 years. It would become an inde-
pendent Federal agency, fxee from any
entanglements with any other Federal
agencies. The amendment would retain,
however, the existing relationship 'be-
tween the Peace Corps and the Secretary
of State-a relationship which has ex-
isted since the enactment of the Peace
Corps Act, which provides for the effec-
tive integration of the Peace Corps with
the overseas programs of other U.S. Gov-
ernment agencies.
Mr. President, finally, let me say that
CBO has determined that there would be
no budgetary impact resulting from the
passage of this legislation. The only im-
pact would be a resolution of the current
problems facing the Peace Corps and a
restoration of this extraordinary pro-
gram to the status and the vitality it
enjoyed ixi its early days.
As the Peace Carps prepares to cele-
brate next week its 20th anniversary,
I can think of no more fitting action than
for the Senate to approve this legisla-
tion to revivify the Peace Corps program
and congressional support for its im-
portant mission. I urge my colleagues to
support this amendment.
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S 6372 CONGRESSIONAL RECORD-SENATE Jztjae 1T, 1981
ExHIBrr l
EXCERPTS, WTPH TECHNICAL CORRECTIONS.
FROM SENATE REPORT NO. 97-84, TO A000M-
PANY $. 1015
?
COMMITTEE
? ?
ACTION
continuing some shared functions, but con-
cern is expressed that in the long run effec-
tiveness in meeting the needs of Peace Corps,
particularly In a vital area such as recruit-
ment, should be the domSnant consideration.
(Conference Report No. 96-397, pages 40-41,
to accompany H.R. 3324).
The conference committee also stated the
intention of the authorizing committees to
review carefully the details relating to imple-
mentation of the new executive order and
? ? ? to reconsider the action taken by the
House ? ' ? if implementation of the execu-
tive order does not provide sufficient auton-
omy and alleviate the problems which th?
Peace Corps has been facing in recent years.
It is the view of this Committee that the
implementation of Executive Order 12137 has
not effectively alleviated the problems which
the Pesee Corps has been facing since the
merger. In the Committee's view, only full
autonomy by the establishment of the Peace
Corps as an independent agency will restore
it to the visibility and vitality that 1t enjoyed
in its early years.
CONTINIIING PROBLEMS WITHIN THE
ACTION AGENCY
Concern over the viability of the Peace
Cm?ps' placement in the ACTION agency -and
the effect of that placement on the continued
vitality of the Peace Corps' operations has
been raised in various studies, including a
1977 report, The Future of the Peace Corps,
prepared by former Assistant Secretary of
State Harlan Cleveland under a contract be-
tween the ACTION agency and the Aspen
Institute for Humanistic Studies; a 1974 re-
port, The Peace Corps: Perspectives for the
Future, prepared by the National Academy of
Sciences; and a 1977 report, The Ambitious
Task. New Approaches to Peace Corps and
Private Voluntary Organization Efforts to
Promote Third World Development, prepared
by Warren Wiggin, former Deputy Director
of the Peace Corps, released by the Trans-
Century Corporation. These reports cited in-
creased bureaucratic entanglements, lowered
staff morale, decline in recruitment, and sub-
ordination of the Peace Corps to the Agency's
domestic programs as some of the adverse
consequences of the placement of the Peace
Corps in the ACTION agency.
Some areas where specific problems have
existed Include recruitment, communications,
overlapping areas of authority, budget and
cost allocation, and conflicting personnel
systems.
S. 1015, a bill to separate the Peace Corps
from the ACTION agency, a?as introduced
by Senator Cranston (for himself and Sena-
tors Pell, Mathias, Biden, Sarhanes, 3'songas,
Baucus and Kennedy) on April 27, 1981, and
referred to the Committee on Foreign Rela-
tions. Additional co-sponsors are: Senators
Dodd, Glenn, Bradley, Boschwitz, Levin and
Hart. The Committee receri?ed testimony on
the proposal to separate the Peace Corps
from ACTION during the Committee's hear-
ing on April 29, 1981.
The Committee agreed in an open markup
session on lfay 13, 1981, to -report S. 1015, as
amended, favorably to the Senate and to
report identical provisions as part. of the
Foreign Assistance Act Amendments of 1981.
Senators voting in favor were: Perry, Kasse-
baum, Boschwitz, Pell, Biden, Glenn, Sar-
banes, Tsongas, Cranston and Dodd. Senators
voting in the negative were Helms and Lugar.
COM AIrITEECOMMENTS
S. 1015 would separate the Peace Corps
from the ACTION Agency, thereby restoring
it to Lhe full Operational autonomy it en-
joyed during its early years. Although the
Committee's decision was precipitated to a
large extent by the controversy surrounding
the .appointment of an individual with a
military intelligence training and .field cork
background to serve as the Director of the
ACTION agency and the impact that this
nomination might have upon the long-stand-
ing ,policy of the Peace Corps to avoid any
involvement or appearance of involvement
with any intelligence activities, it is the
Committee's view that a number of inde-
pendent programmatic considerations make
separation desirable in order to permit the
Peace Corps to carry out its mission
effectively.
HISTORY OF PEACE CORPS' STATIIS
The Peace Corps Act, enacted Septem-
ber 22. 1961, authorized the President of the
United States to carry out the programs au-
thorized under the Act and to exercise the
functions vested in him by it through .such
agencl? or officer of the United States gov-
ernment as he shall direct. Under Executive
Order 11D41 of August 6, 1962, the President
delegated the basic operational authorities
under the Act to the Secretary of State. The
Secretary, in turn, delegated those authori-
ties to the Director of the Peace Corps in
State Department Delegation 35-11A. dated
August 29, 1962. The Peace Corps thus was
initially operated as an agency technically
within the Department of State, but en-
joyed very substantial operational autonomy
through the delegation of authorities.
In 1871, pursuant to Executive Order 11603
of July 3. 1971, the Peace Corps was trans-
ferred to the ANION agency, created by Re-
within the ACTION agency but provided it expressed its strong support for maximum
with certain budgetary and operating su- autonomy for the Peace Corps under the new
tonomy. The memorandum from President executive order and expressly stated that:
Carter accompanying the Executive Order ? ? ? cost savings may be an argument for
described its effect .as follows:
This executive order supersedes Executive
Older 11603, issued in 1971. Executive Order
11603 assigned to the ACTION Director the
authority to direct the Peace Corps. _The at-
tached order delegates that authority to the
Peace Corps Director.
The order requires the Peace Corps Direc-
tor to consult with the Director of ACTION
and to coordinate Peace Corps activities
with those of ACTION. It provides that the
Director of ACTION will be responsible for
the general direction of ail ACTION func-
tions which jointly serve ACTION's domestic
volunteer components and the Peace Corps,
and for advising the Peace Corps Director to
ensure the carrying out of the functions as-
signed to the Peace Corps Director.
Under the 1973 Executive Order, the
ACTION agency rontrois the following serv-
ices provided to the Peace Corps:
1. recruitment of volunteers avid process-
ing of applications;
2. general admizlistration-for. example.
space management, accounting, data proc-
essing, procurement, and contracting;
3. internal auditing and inspections;
4. investigation of equal employment op-
portunity complaints;
5. limited legal services-for example,
mollitoring staS compliance with the Ethics
in Government Act.. Free3om of Information
and Privacy Acts, and manitorirlg legal re-
quirements of contracting procedures;
6. communication .services;
7. health services to Peace Corps volun-
teers;
8. supervision of the Peace Corps partner-
ship program;
9. services for farmer volunteers; and
10. security investigations for Peace Corps
staff and .some volunteers.
The ACTION agency also is responsible for
applying the intelligence separation policy
to ACTION agency employees .providing serv-
ices to the Peace Corps.
At the time the Peace Corps was placed in
the ACTION agency. the desirability of effect-
ing Certain administrative economies, a closer
degree of cooperation between domestic and
international volunteer service efforts, and
more efficient recruitment of volunteers were
cited as justifications for the merger..
For the most part, these expectations have
not been fulfilled. Instead, the Peace Corps.
as an agency within the ACTION agency, has
been continually plagued by a variety of
managerial, personnel, and budgetary prob-
lems. I11 addition, submerged within the
ACTION agency, the Peace Corps lost much
of its visibility and acquired an overlay of
staff and bureaucracy which did not con-
tribute to its vitality.
These problems led the House of Repre-
sentatives in April of I979 to approve-by a
margin of 276 to 116-legislation removing
the Peace Corps from the ACTION agency.
organization Plan No. 1 of 1971, and author- The House legislation, however, would have
ity to direct the Peace Corps was assigned to placed the Peace Corps within the then new-
the Director of the ACTION agency. A statu- ly forming International Development Co-
tory basis for the ACTION agency was carob- operation Agency-IDCA-a transfer which
lisped in 1973 in title IV of the Domestic many members of the Senate opposed on the
Volunteer .Service Act of 1973. Public Law grounds that placement of the Peace Corps
93-113. Between 1971 and 1979, the Peace within IDGA might make it appear to be
Corps was administered by the ACTION simply another part of our foreign aid pro-
agency and its director along with various gram and thus deprive it of its uniqueness
domestic volunteer programs such as VISTA as apeople-to-people program, outside the
(Volunteers in Service to America) and the mainstream of government programs. Addi-
Older American Volunteer programs- tfonally, it was hoped that issuance of the
R.S.V.P. (Retired Senior Volunteer Pro- 1979 Executive Order avuId resolve some of
gram.) , Senior Companions, and Foster the problems confronting the program within
Grandparents. the ACTION :agency. For these reasons, the
In May of 1979. President Carter issued committee of conference on the l7iternational
Executive Order 12137 which superseded Ex- Development Cooperation Act of 1979 agreed
ecutive Order 11603. Executive Order 12137 to retain the Peace Corps within the ACTION
continued the Peace Corps as s program agency. The conference Committee, however,
Recruitment
Under the 1979 Executive Order, the
ACTION agency maintains responsibility
and control over the recruitment of poten-
tial volunteers. The ACTION Agency controls
both the recruitment resources and the gen-
eral recruitment effort. Volunteers apply to
the ACTION agency itself, nct the Peace
Corps. Th15 arrangement substantially di-
lutes the positive recruitment value that
arises from the Peace Corps' strong public
image and identity. The decline in the num-
ber of Peace Corps volunteers since its
merger into the ACTION agency can be at-
tributed, at least 1n part to the Peace Corps'
loss of control over and public identification
with its own recruitment activities.
Communications
One of the most serious problems associ-
ated with the present status of the Peace
Corps with the ACTION agency is Its loss of
visibility. The ACTION agency, not the Peace .
Corps, controls communications. Hence, var-
ious publications, reports, and releases is-
sued by the ACTION agency continue to
portray the Peace Corps as simply one of
several volunteer programs operated by the
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CONGRESSIONAL RECORD-SENATE ~S 6373
ACTION agency (including, for exa;nple,
those in connection with the recent nomi-
nation of a new Director and Deputy Direc-
tor of the ACTION agency). The value of
its unique history and mission and its rich
heritage-which have distinguished it from
simply being a "volunteer" program and
from generally operating as another Govern-
metn bureaucracy-have thus been substan-
tially diminished. The overall focus and
image of the ACTION agency rests upon
and derives from its domestic programs; the
continued submergence of the Peace Corps
within the ACTION agency does not serve to
enhance the Peace Corps' reputation.
Bureaucracy and overlap authority
Under the present structure, the Peace
Corps is encumbered by unnecessary layers
of bureaucracy and conflicting channels of
communication. The Acting Director of the
Peace Corps, William Sykes, in his testimony
before the Committee on April 29, 1981,
called attention'to the problems created by
the multiple channels of communication
which currently exist, as well as the diffi-
culties that arise when the various support
units are required to be responsible'to two
different masters-the Director of the Peace
Corps and the Director of the ACTION
agency.
These unnecessary layers of bureaucracy
tend to sap the Peace Corps of vitality. In-
deed, the very essence of the Peace Corps
and its appeal to Americans lies in its being
the antithesis of government bureaucracy. A
unique program from its inception, the
Peace Corps needs to be free to respond
creatively to new ideas and the continuously
evolving and emerging needs of host coun-
countries.
Budgetary problems
The Committee has had a continuing con-
cern about allocation of costs for support
services provided by the ACTION agency to
the Peace Corps, and the extent to which the
Peace Corps pays a disproportionate share of
the joint support services. Currently, the
Peace Corps pays 60 percent of the costs of all
these services irrespective of the amount or
cost of the services actually provided to the
Peace Gorps. According to the recent testi-
mony presented to the Committee by the
Acting Director of the Peace Corps, this al-
location may be equitable in some areas and
inequitable in others.
Personal problems
The Peace Corps operates under a unique
foreign-service personnel system which re-
quires that its staff appointments generally
not exceed b years, The ACTION agency, of
course, operates under the general civil serv-
ice system. The separate Peace Corps person-
nel system has repeatedly been a source of
major labor/management controversies and
has made it very difficult for personnel to b
transferred between domestic and interna-
tional volunteer program activities. The AC-
TION agency has also insisted upon serving
as the sole management representative with
respect to labor/management relations cover-
ing all of the Peace Corps' non-professional
employees in the United States. As recently
as ADril 23, 1981, the Acting Director of the
ACTION agency reiterated that ail negotia-
tions with the employee's union must be
handled through the ACTION agency's La-
bor Relations officer.
Cost issues
A preliminary analysis of the cost of oper-
ating an independent Peace Corps prepared
- earlier this year by the Peace Corps budget
~ office indicated that separation would not en-
tail additional costs to the Peace Corps. In
testimony before the Committee, the Acting
Director of the Peace Corps indicated that
' the ACTION, agency budget office and OMB
had reached different conclusions. In an
April 2, 1981 letter to Max Friedersdorf, As-
sistant to the President for Legislative Af-
fairs, the chairman requested the adminis-
tration to provide the Committee with report
on whether the shared support services pro-
vided for by the 1979 Executive Order had re-
sulted 1n any significant savings for the
Peace Corps, including a detailed comparison
of any such savings with the probable costs
that would have been incurred by the Peace
Corps had it been a completely independent
agency from ACTION. Itt a letter dated April
3, Mr. Friedersdorf indicated that the admin-
istration had no information available with
respect to this question but indicated that a
request was being made to OMB to review the
question. On April 27, 1981 the Committee
received a further response from Mr. Frieders-
dorf estimating at the "outside" an addition-
al cost of $3 million to operate an independ-
ent Peaces Corps. The memorandum, which
is reprinted as Appendix II, also states that
the figure "is likely to be too large."
Based upon the preliminary data available,
it is the Committee's view that it is unclear
whether cost savings or additional costs
would result from separation of the Peace
Coops from the ACTION agency. However,
the Committee believes that the need to pro-
vide the Peace Corps with full autonomy in
order to assure its future strength and vital-
ity outweigh the possible minimal additional
budgetary costs projected by OMB.
INTELLIGENCE-SEPARATION POLICY
Since ear est days, the Peace Corps has
had a policy of complete and total separa-
tion from Intelligence agencies and activi-
ties. In order to dispel any false charges of
any intelligence connection, a companion
policy was established barring persons with
certain intelligence backgrounds from serv-
ing as Peace Corps volunteers or staff. These
policies have been strongly supported since
1961 by each successive administration and
have been a cornerstone of the Peace Corps'
effectiveness.
Although the Committee was sharply di-
vided over whether the nomination of
Thomas Pauken (confirmed by the Senate
on bfay 7, 1981) to be Director of the
ACTION agency would compromise the in-
telligence-separation policies (see Executive
Report No. 97-6, (April 7, 1981)) , this Com-
mittee remains staunchly committed to the
continued total separation of the Peace
Corps from intelligence activities and to the
maintenance and strict application of the
intelligence policies as described in the
March 18, 1981, letter of the new Peace Corps
Director, Loret Ruppe, and former Acting
Director Sykes, set forth in the hearing rec-
ord on this legislation.
In the Committee's view, the Peace Corps'
autonomy will contribute to this goal of
maintaining that separation and strictly en-
forcing those policies. The kinds of issues
that arose with respect to Mr. Pauken's
nomination and might arise with respect to
other ACTION agency employees would
henceforth be eliminated. Moreover, only the
Director of the Peace Corps-as distinguished
from the head of any other agency-would
have any role in the interpretation, appli-
cation, and enforcement of these internal
peiicies.
In this regard and in order to contribute
to the maximum possible effectiveness of
the intelligence-separation policies and the
perception of them, the Committee notes
with approval the following statements by
Committee member Senator Charles Mathias
during debate on May 7 on Mr. Pauken's
nomination.
Mr. MATHIAS. Mr. Pauken gave me his as-
surances that he would "keep hands off" the
Peace Corps iY he was confirmed as the Di-
rector of the ACTION agency. I, understood
those assurances to mean that he would
delegate whatever responsibilities he might
have with respect to the Peace Corps to his
Deputy and that is a major reason why I
felt I could vote to confirm his nomination
when it was considered in the Foreign Rela-
tions Committee. I understand that Mr. Pau-
ken has recently been reported to have stated
his intention to delegate his responsibilities
with respect to the Peace Corps to the Dep-
uty Director of the ACTION agency and will
not be directly involved in any decisions
made in regard to the Peace Corps. I very
much hope that he will make such a delega-
tion of authority as soon as he takes office
and will publicize it widely. (Congressional
Record, May 7, 1981. S. 4495 (dally ed.).)
The Committee very much hopes that Mr.
Pauken will act accordingly during the pend-
ency of Congressional consideration of the
separation legislation (also approved by the
House Foreign Affairs Committee on May 7
as part of its consideration of the proposed
International Security and Developmettt Co-
operation Act of 1981) .
CONTINUING COORDINATION WrrH THE
DEPARTMENT OF STATE
The Committee's action with respect to the
separation of the Peace Corps from the AC-
TION agency would not in any way alter
the existing relationship between the Peace
Corps and the Secretary of State. The Sec-
retary of State would continue to have the
responsibilities, which the Secretary has had
since the enactment of the Peace Corps Act,
under section 4(c) (4) and (d) for assuring
that? Peace Corps programs are effectively
integrated with and are not unduly dupli-
cative of the overseas programs of other U.S.
government agencies.
TRANSFER OF PERSONNEL, RECORD, UNERPENDED
FIINDS AND RELATED ADMINISTRATIVfi MATTERS
The Committee bill provides for all per-
sonnel, assets, liabilities, contracts, property,
records, and unexpended balances of appro-
priations, authorizations, allocations, and
other funds which are employed, held, or
used primarily iIi connection with functions
relating to the Peace Corps as determined by
the Director of the Office of Management and
Budget (OMB) after consultation with the
Comptroller General and the Director oI the
Peace Corps and the Director of the ACTION'
agency, to be transferred from the ACTION
agency to the Peace Corps not later than 30
days after the date of enactment, the Direc-
tor of OMB is required to submit to the ap-
propriate committees of the Congress (the
four authorizing Committees, the Govern-
mental Affairs, and the Government Opera-
tions Committee, and the Appropriations
Committees) and to the Comptroller General
a report on the steps taken to implement the
separation. This report must include a de-
scription of the manner in which the various
administrative matters associated with the
separation are disposed of, including matters
relating to personnel, assets, liabilities, con-
tracts, property, records, and unexpended
funds.
The Comptroller General of the United
States is also directed to report to the appro-
priate Committee within 46 days after en-
actment, as to whether the division is equi-
table to the agencies, the employees, and
parties involved. In the event it becomes
necessary, it is 'the Committee's expectation
that the Director of OMB and the Comp-
troller General will file supplemental reports
to fully inform the appropriate Committees
on the matters involved.
The Committee bill also provides specific
protections for those employees currently
employed by the ACTION agency who are to
be transferred under the Committee bill to
the Peace Corps. The bill provides that the
transferred employes shall, to the maximum
extent feasible, be assigned to related func-
tions and organizational units in the Peace
Corps. Thus, a transferred emplogee would,
if at all possible, be assigned to a position
in a unit where his or her duties and the
functions of such unit would be comparable
to his or her former duties and to the func-
tions of his or her former unit. It also pro-
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S 6374
vides that those employees shall not because
of such transfer be separated or reduced in
rank, class, grade, or compensation, or other-
wise suffer a loss of employment benefits for
one gear after the later of either of the fol-
lowing dates: the date on which the Director
of -OMB submits the report required with
respect to implementation of the separation,
or, with respect to any individual employee
who has been transferred, the effective date
of such individual's transfer. The Committee
bill provides that any collective-bargaining
agreement covering and regarding employees
transferred or those employed by the Peace
Corps that is in effect on the date of enact-
ment shall continue to be recognized by the
Peace Corps until the termination date of
the agreement or until a mutual modifica-
tion by the parties otherwise specifies. These
protections are similar to those which have
been provided to employees in other pro-
grams when new or independent agencies
have been established, such as under sec-
tion 9(a) of Public Law 93-844 (former sec-
tion 601 (h) of the Economic Opportunity
Act) with respect to the Community Serv-
ices Administration, under section 3(c) of
the Legal Services Corporation Act of 1974
(Public Law 93-355) with respect to the
Legal Services Corporation, and under sec-
tion S02(a) of the Department of Education
Organization Act (Public Law 96-88) with
respect to the Department of Education.
The Conmlittee bill specifically provides
for the transferred employees to be appoint-
ed as members of the Foreign Service under
the authority of section 7(a)(2) of the
Peace Corps Act and, with respect to the
5-year limitation on Peace Corps Act ap-
pointments, under section 7(a) (2) (A) of
that Act, provides certain protections for
personnel with General Schedule appoint-
ments who are transferred to the Peace
Corps. These protections are based upon the
provisions in section b of Public Law 89-
134 which provided "grandfather" protection
to employees with General Schedule (GS)
appointments in 1965 when the unique,
unified Peace Corps personnel system de-
rived from Foreign Service Act authorities
and the 5-year employment limitation were
established by the Public Law 89-134. Thus,
under the Committee bill, persons whose
career or career-conditional appointments
were above grade 8 of the General Schedule
(GS-8) would be entitled to retain their
existing GS appointments for three years.
After 3 years, if they wished to continue
their employment with the Peace Corps,
they would be required to convert to a com-
parable appointment in the Foreign Serv-
ice under authority of section ?(a) (2) oP
the Peace Corps Act and Become subject to
the b-gear employment limitation contained
in clause (A) of section 7(a) (2). Trans-
ferred employes whose career or career-con-
ditional appointments were at GS-8 or below
would receive comparable Foreign Service
Unlimited appointments and would thus be
permanently exempt from the b-year serv-
ice limitation in the sam'b manner as were
employees at GS-8 and below by virtue of
the 1965 amendments. Enactment of the
Committee bill would not in any way affect
the status of those employees "grand-
fathered" under that prior section. These
new protections should be implemented in
a similar fashion to the provisions of Public
Law 89-134.
COST ESTIMATE
In accordance with section 262(x) of the
Legislative Reorganization Act of 1979 (Pub-
lic Law 150, 91st Congress), the committee
provides the following estimate of the cost
of S. 1015, prepared by the Congressional
Budget Office. The Committee concurs with
the estimate.
CONGRESSIONAL RECORD-SENATE June 17, 1981
U.S. CONGRESS, Director of the Office of Management and
CONGRESSIONAL BvDGET CIFFICE, Budget (OMB), after consultation with the
Washington, D.C., May .15, 1981. Comptroller General and the Director of the
HOn. CHARLES H. PEACY, Peace Corps and the Director of the ACTION
Chairman, Committee on Foreign Relations, Agency.
U.S. Senate, Washington, D.C. Subparagraph (A) of paragraph (2) of
DEAR MA. CHAnIMAN: Pursuant 'to Section subsection (b) would provide that the
403 of the Congressional Budget Act of 1974, transfer pursuant to this section of full-
the Congressional Budget Office has reviewed time employees (except experts or consult-
s. 1015, a bill to separate the Peace Corps ants or other special government employees)
from the ACTION Agency, as ordered report- and part-time permanent employees shall
ed by the Senate Committee on May 13, 1981. not cause such employees to be separated or
This legislation authorizes no additional reduced in rank, class, grade or compensa-
funds to carry-out the separation and is ex- tion, or otherwise suffer a loss of employ-
pected to have no budget impact. went benefits for one year after the later of
Sincerely, (1) the date on which the Director of the
ALICE M. RIVLIN, Director. Office of Management and Budget submits
RECVLATOAY IMPACT STATEMENT
In compliance with paragraph 11 (b) of
rule XXVI of the Standing Rules of the Sen-
ate, the Committee on Foreign Relations 'has
made an evaluation of the regulatory impact
which would be incurred in carrying out the
Committee bill. The results of that evalua-
tion are described below:
A. Estimates of the numbers of individuals
and businesses who would be regulated, and
a determination of the groups and classes of
such individuals and businesses.-Inasmuch
as the bill provides only for separation of the
Peace Corps from the ACTION agency and
the establishment of the Peace Corps as an
independent agency, its enactment would not
result in the regulation of any_indiv_iduals or
businesses.
B. Determination of the economic impact
of such regulations on individuals, consum-
ers and businesses affected.-Since,~as previ-
ously indicated, there would be no such regu-
lation, there would be no such impact.
C. Determination of the impact on the per-
sonaZ privacy of the individual affected:
,
,
The enactment of the Committee-bill would tions, each employee who does not hold an
or any inaiviauais.
D. Determination of the amount of addi-
tional paperwork that wilt result from regu-
lations to be promulgated under the bill -
The only regulations expected to be promul-
gated directly as a result of the bill would
pertain to the transfer of certain personnel,
pursuant to the provisions of the bill, from
the ACTION agency to the Peace Corps.
Those regulations, however, are not expected
to increase substantially the paperwork in-
volved in those transfers.
SECTION-SY-SECTION
Section 1.-Would provide that the meas-
ure may be referred to as the "Peace Corps
Autonomy Act". -
Section 2.-Would provide that, effective
on the date of enactment, the Peace Corps
shall be an independent agency within the
executive branch and shall not be an agency
within the ACTION agency-as it now is un-
der Executive Order 12137, dated May 16,
1979-or within any other department or
agency of the Vnited States.
Section 3: Subsection (a) would transfer
to the Director of the Peace Corps all func-
tions relating to the Peace Corps which were
vested in the Director of the ACTION agency
prior to the date of enactment. This would
not, however, in any way limit the Presi-
dent's discretion to withdraw any Peace
Corps delegation, under present section 4(b)
or other provisions of the Peace Corps Act
or under other applicable law, to the Direc-
tor of the Peace Corps or to any other offi-
cial.
Paragraph ,(1) of subsection (b) would
provide for the trattsier to the Peace Corps
of various items, including personnel, assets,
liabilities, contracts, property, records, and
unexpended balances which are used pri-
marily in connection with functions relating
to the Peace Corps, as determined by the
the report required under section 6(a), or,
(2) effective date of a particular individual
transfer.
Subparagraph (B) of paragraph (2) of
subsection (b) would provide that employ-
ees transferred from the ACTION agency to
the Peace Corps pursuant to this section
shall be assigned, to the maximum extent
feasible, to such related functions and orga-
nizational units in the Peace Corps as such
employees were assigned to immediately be-
fore the date of enactment of this Act.
Subparagraph (C) of paragraph (2) of
subsection (b) would provide that any col-
lective-bargaining agreement in effect on
tha date of enactment of this Act covering
employees transferred pursuant to this sec-
tion or employed on that date by the ?Peace
Corps shall continue to be recognized by the
Peace Corps until the termination date of
the agreement, or until a mutual modifica-
tion bq the parties otherwise specifies.
Paragraph (3) of subsection (b) would
provide, under such regulations as the Presf- .
dent may prescribe
that
with two excep-
Peace Corps Act and who is determined un-
der paragraph (1) to be employed primarily
in connection with any function relating to
the Peace Carps shall, upon the effective
date of this Act, be appointed a member of
the Foreign Service under the authority of
section 7(a) (2) of the Peace Cbrps Act, and
be appointed or assigned to an appropriate
class thereof. Under the first exception, no
transferred employee may be so appointed
without his or her consent until three years
after that effective date. During this 3-year
period, an employee who does not consent
to such an appointment may continue to
hold his or her career or career-conditional
appointment. Under the second exception,
each transferred employee holding a career
or career-conditional appointment at grade
8 or below of the General Schedule (GS)
shall be appointed a member of the Foreign
Service for the duration of operations under
the Peace Corps Act. Thus, persons at grade
GS-8 or below would not be subject to the
five-year appointment limitation contained
in section 7(a)(2)(A) of the Peace Corps
Act. Persons above grade GS-8 would be per-
mitted to continue their employment under
their career or career-conditional appoint-
ments for 3 years after their transfer to the
Peace Corps. After that time, ff they wished
to continue their Peace Corps employment,
they would be required to accept a Peace
Corps Act (Foreign Service) appointment to
which the 6-year appointment limitation
would apply. The basic rate of compensation
for persons appointed under these provisions
would not be permitted to be reduced below
the rate reecived by such person immediately
prior to the effective date of such person's
appointment. This paragraph is derived from
section 5 of Public Law 89-134, establishing
the uxiique, unified Peace Corps personmel
system, and should be implemented in simi-
lar fashion.
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CONGRESSIONAL RECORD -SENATE ? S 6375
Section 4.-Would amend section 4(b) of
the Peace Corps Act to limit the President's
current authority to exercise the functions
vested in him under the Peace Corps Act
through government agencies and officials of
the President's choosing by permitting the
President to delegate the authority to per-
form those functions only to the Director of
the Peace Corps.
Section 5 -Would repeal no-longer-appli-
cable provisions of section 3(d), (e), and (f)
of the Peace Corps Act, which contain refer-
ences to the Director of ACTION to the
Treasury in fiscal year 1976 to rectify cer-
tain imbalances in the Peace Corps read-
justment allowance account, the waiver of
claims for certain erroneous payments of re-
adjustment allowances to Peace Corps vol-
unteers, and the relieving of ACTION and
Peace Corps disbursing officers of liability for
certain improper or incorrect payments dur-
ing that period; and would provide that the
repeal of these provisions would not affect
the validity of any action taken under the
repealed provisions prior to their repeal or
the liability of ,those disbursing officers for
such payments.
Section 6.--Subsection (a) would require
the Director of OMB to submit to the appro-
priate committees of the Congress (the four
authorizing Committees, the Governmental
Affairs and Government Operations Commit-
tee, and both Appropriations Committees)
and to the Comptroller General, within 30
days after the date of enactment, a report
on the steps taken to implement the sepa-
ration of the Peace Corps from the ACTION
agency.
Subsectio~t (b) would require the Comp-
troller General to submit to those same com-
mittees, within 45 days after the date of
enactment, a report stating whether, in the
Comptroller General's judgment, the deter-
minations bq OMB were equitable.
Section 7-Would provide that references
in any statute, reorganization plan, execu-
tive order, regulation, or other official docu-
ment or proceeding to the ACTION agency
or the Director of the ACTION agency with
respect to functions or activities relating to
the Peace Corps shall be deemed to refer
to the Peace Corps or the Director of the
Peace Corps, respectively.
CHANGES IN EXLSTINC LAw
In accordance with paragrap[1 12 of rule
XXVI of the Standing Rules of the Senate,
changes in existing law {Public Law s7-293,
as amended) made by S. 1015 as reported are
shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new
matter is printed in italic, existing law in
which no change is proposed is shown in
roman)
FEACE CORPS ACT, AS AMENDED
Pustxc LAw 87-293
87TH CONGRESS, H.R. 7500
September 2'l, 1961
An act to Provide for a Peace Corps to help
the peo;les of interested countries and
areas in meeting their needs for skilled
manpower
TITLE I-THE PEACE CORPS
? ? ? ?
SEC. 3 ? ? ?
payments of ??eadjustment allowances to
Peace Corps Volunteers a~ho terminated their
volunteer service between March 1, 1961, and
February 28, 1973. notwithstanding the pro-
visions of section 5584 of title 5, United
States Code. and notwithstanding the fact
that the names of tha recipients of such over-
payments may be unknown.
[(f) Disbursing and certifying officers oY
the Peace Corps and ACTION are relieved
from liability for improper or incorrect pay-
ment of readjustment allowances made to
volunteers between March 1. 1961, and Febru-
ary 26, 1973, other than any cases known to
have resulted from fraud, notwithstanding
the provisions of the first section of the Act
entitled "An Act to provide permanent au-
thority for the relief of certain disbursing
officers, and for othel? purposes", approved
August 11, 1955 (31 U.S.C. 82a-2), and of
section 2 of the Act entitled "An Act to fix
the responsibilities of disbursing and certify-
ing officers, and for other purposes", approved
December 29, 1941 (31 U.S.C. 82c).[
[ (g) [ (d) In recognition of the fact that
women in developing countries playa signifi-
cant role Sn aconomlc production, family
support, and the overall development proc-
ess, the Peace Corps shall be administered
so as to give particular attention to those
programs, projects, and activities which tend
Lo integrate women into the national eco-
nomics of developing countries, thus improv-
ing their status and assisting the total de-
velopment effort.
DIRECTOR OF THE PEACE CORPS ANU DELEGATION
' OF FUNCTIONS
SEC. 4. (a) The President may appoint, by
and with the advice and consent of the Sen-
ate, aDirector of the Peace Corps and a Dep-
uty Director of the Peace Corps.
(b) The President may exercise any func-
tions vested in him by this Act through
such agency or officer of the IInited States
Government as he shall direct. The head of
any agency or any such officer) the Director
of tlce Peace Corps. The Director of the Peace
Corlis may promulgate such rules and regu-
lations as he may deem necessary or ap-
propriate to carry out such functions, and
may delegate to any of his subordinates au-
thority to perform any of such functions
s s c ? ?
Mr. PELL. Mr. President, I suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. CRANSTON. Mr. President, I ask
for the yeas and nays on my pending
amendment.
The'PRESIDING OFFICER. Is there a
sufficient second? There is a sufficient
second.
The Yeas and nays were ordered.
VP AMENDMENT NO. 161
(Purpose: To separate the Peace Corps from
the ACTION agency)
Mr. CRANSTON. Mr. President, I now
call up the amendment at the desk as a
substitute for my amendment, and Task
for its immediate consideration.
The PRESIDING OFFICER. The
amendment will be stated.
The assistant legislative clerk read as
follows
The Senator from California (Mr. CRAN-
sroN), for himself and Mr. MATHIAS, Mr.
BOSCHWITZ, Mr. HATFIELD, Mr. SARBANES, and
Mr. BRADLEY, proposes an unprlnted amelld-
ment numbered 161.
Mr. CRANSTON. Mr. President, I ask
unanimous consent that reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
!n lieu of the material proposed to be in-
serted, insert the following:
TITLE VI-PEACE CORPS AUTONOMY
6HORT TITLE
SEC. 601. This title may be cited ss the
"Peace Corps Atltonomy Act".
ESTABLLSHMENT AS AN INDEPENDENT AGENCY
SEC. 602. Effective on the date of enactment
of this Act, the Peace Corps shall be an in-
dependent agency within the executive
branch and shall not be an agency within
the ACTION Agency or any other department
or agency of the United States.
TRANSFER OF FIINCTIONS
SEC. 603."(e) There are transferred to the
Director of the Peace Corps all functions re-
lating to the Peace Corps which were vested
in the Director of the ACTION Agency on the
day before the date of enactment of this
Act.
The bill clerk proceeded to call the roll. (b) (i) All personnel, assets, liabilities.
Mr. CRANSTON. Mr. President, I ask contracts, property, records, and unexpended
unanimous consent that the order for balances of appropriations, authorizations,
the quorum Call be reSCirided. allocations, and other funds as are deter-
The PRESIDING OFFICER. Without mined by the Director of the Office of Man-
ObjeCtiOri, it is So ordered. agement and Budget, after consultation with
the Comptroller General of the United States,
Mr. CRANSTON. Mr. President, I send the Director of the Peace Corps, and the
to the desk a substitute for the pending Director of the ACTION Agency, to be em-
amendment and ask for its immediate ployed, held, or used primarily in connec-
Consideratjori. tion with any function relating to the Peace
The PRESIDING OFFICER. The Corps before the date of the enactment of
Chair informs the Senator from Cali- this Act are transferred to the Peace Corps.
The transfer of unexpended balances pur-
fornia that so long as the Senator has suant to the preceding sentence shall be sub-
the right t0 modify his amendment, ari jest to section 202 of the Budget and Ac-
amendment to his amendment will not be counting Procedures Act of 1950 (31 U.S.C.
in order. 5slc).
Mr. CRANSTON. I withdraw the sec- (2) (A) The transfer pursuant to this sec-
ond amendment for the moment, and I tion of full-time personnel (except speciat
Suggest the absence Of a quorum. Government employees) and part-time per-
sonnel holding permanent positions shall not
The PRESIDING OFFICER. The clerk cause any employee to be separated or re-
will call the roll. duced in rank, class, grade, or compensation,
The bill clerk proceeded to call the roll. or otherwise suffer a loss of employment
benefits for one year after-
Mr. CRANSTON. Mr. President, I ask (!) the date on which the Director of the
unanimous consent that the order for Office of Management and Budget submits
the quorum Call be rescinded. the report required under section 606, or
[ (d) The Director of ACTION shall trans-
fer to the readjustment allowance, ACTION,
account at the Treasury Department, no later
than December 31, 1975, not to exceed $315,-
000 from any sums available to carry ?out
the purposes of this Act in fiscal year 1978
to rectify the imbalance in the Peace Corps
readjustment allowance account for the pe-
riod March 1, 1961, to February 28, 1973.
[ (e) The Director of ACTION is authorized
to waive claims resulting Prom erroneous
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S 6376
CONGRESSIONAL RECORD -SENATE
(11) the effective date oY the transfer of
such employee,
whichever occurs cater.
(B) The personnel transferred pursuant
to this section shall, to the maximum extent
feasible, be assigned to such related func-
tions and organizational units in the Peace
Corps as such personnel were assigned to
immediately before the date of enactment of
this Act.
(C) Collective-bargaining agreements in
effect on the date of enactment of this Act
covering personnel transferred pursuant to
this section or employed on such date by the
Peace Corps shall continue to be recognized..
by the Peace Corps until the termination
date of such agreements or until a mutual
modification by the parties otherwise
specifies.
(3) Under such regulations as the presi-
dent may prescribe,. each person who does
not hold an appointment under section 7(a)
(2) oY the Peace Corps Act snd who is de-
termined under paragraph (1) to be em-
ployed primarily in connection with any
function relating to the Peace Corps shall,
effective on the date of enactment of this
Act, be appointed a member of the Foreign
Service under the authority of section 7(a)
(2) oY the Peace Corps Act, and be appointed
or assigned to an appropriate class thereof,
except that-
(A) no person who holds a career or career-
conditional appointment immediately before
such date shall, without the consent of
such .person, be so appointed until three
years after such date, during which period
such person not consenting to be so ap-
pointed may continue to hold such career
or career-conditional appointment; and
(B) each person so appointed who, im-
mediately before such date, held a career or
career-conditional appointment at grade 8
or below of the General Schedule established
by section b332 of title 5, United States Code,
shall be appointed a member of the Foreign
Service Yor the duration of operations under
the Peace Corps Act.
Each person appointed under this paragraph
shall receive basic compensation at the rate
of such person's class determined by the
President to be appropriate, except that the
rate of basic compensation received by such
person immediately before the effective date
of such person's appointment under this
paragraph shall not be reduced as a result of
the provisions of this paragraph.
DIItECTOR OF THE PEACE CORP6
SEC. 604. Section 4(b) of the Peace Corps
Act (22 U.S.C. 2503 (b)) is amended by strik-
ing out "such agency or officer of the United
States Government as he shall direct. The
head of any such agency or any such officer"
and inserting in lieu thereof "the Director
of the Peace Corps. The Director of the Peace
Carps".
TECHNICAL AMENDMENT3
Sec. 605. (a) Section 3 of the Peace Corps
Act (22 U.S.C. 2502) is amended by-
~(1) repealing subsections (d), (e), and
(f); and
(2) redesignating subsection (g) as sub-
section (d). ,
(b) The repeal of provisions of law made
by subsection (a) of this section shall not
affect (1) the validity of any action taken
under the repealed provisions before the date
oY the enactment of this Act, or (2) the li-
ability oP any person for any payment de-
scribed in such subsection (Y).
of this Act, including descriptions of the
manner in which various administrative
matters are disposed of, such as matters re-
lating to personnel, assets, liabilities, con-
tracts, property, records, and unexpended
balances of appropriations, authorizations,
allocations, and other funds employed, used,
veld, available, or to be made available in
connection with functions or activities re-
lating to the Peace Corps.
(b) Not later than the forty-fifth daq after
the date of the enactment of this Act, the
Comptroner General shall submit to such
committees a report stating whether, in the
]udgment of the Comptroller General, deter-
minations made by the Director of the Office
of Management and Budget under section
3(b) (1) were equitable.
REFERENCES IId LAW
SEC. 607. References in any law reorganiza-
tion plan, Executive order, regulation, or
other official document or groceecllng to the
ACTION Agency or the .Director of the
ACTION Agency with respect to functions or
activities relating to the Peace Corps shall
be deemed to refer to the Peace Corps or the
Director of the Peace Corps, respectively,
Mr. CRANSTON. Mr. President, I sug-
gest the absence of a quorum.
The PRESIDING OFFICER. The clerk
will call the roll.
The bill clerk proceeded to call the roll.
Mr. HELMS. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr.
MURKOWSKI). Without objection, it is SO
ordered.
Mr. HELMS. Mr. President, what is
the pending business?
The PRESIDING OFFICER. The
pending business before the Senate is S.
1193 to which are pending two amend-
ments offered by the Senator from Cali-
fornia (Mr. CRANSTON) .
Mr. HELMS. Mr. President, a parlia-
mentary inquiry.
Tice PRESIDING OFFICER. The Sen-
ator will state it.
Mr. HELMS. How can the Senator
from California have two amendments
pending?
The PRESIDING OFFICER. The Sen-
ator from California sent up one amend-
ment on which the yeas and :nays were
ordered. He then sent up a substitute for
his first degree amendment.
Mr. HELMS. I see. '
Will the Chair state again what is the
precise pending business? Which of the
amendments is pending?
The PRESIDING OFFICER. The
second-degree substitute amendment is
the pending question.
Mr. HELMS. Y see.
So, in effect, the second amendment
submitted by the distinguished Senator
from California precludes any further
amendment. Is that correct?
The PRESIDING OFFICER. That is
nat. the case.
Mr. HELMS. I thank the Chair.
In any case, shortly I shall move to
table the first amendment which would
bring dowel the second amendment.
Mr. President, a parliamentary fn-
gmry .
The PRESIDING OFFICER. The Sen-
ator will state it.
Mr. HELMS. If the first amendment is
tabled, then the second amendment is
brought down with it. Is that correct?
June 17, 1981
The PRESIDING OFFICER. The Sen-
ator is correct.
Mr. HELMS. I thank the Chair.
Now, Mr. President, I have checked
my recollection with 'the White House
by telephone just now. The administra-
tion is unalterably opposed to this
amendment. In the first place, the able
Senator from California has submitted
a bill in the form of an amendment, and
this bill has been reported to the Senate.
Therefore, the best that can be said for
the amendment is that it ought not to
be acted upon on this bill but acted upon.
as a bill, as a piece of legislation.
The Senator from North Carolina has
some thoughts about the proposal to sep-
arate the Peace Corps from the ACTION
agency. With all due respect to Senators
who support this concept, it is, in fact, a
slap in the face to a distinguished Amer-
ican, Mr. Pauken, and I do,not think we
ought to operate that way around here.
If the concern of Senators is that the
Peace Corps might be tainted, as some
have indicated or implied, by having an
affiliation with the U.S. Government ar
by having a former intelligence officer
as head of the Peace Corps' parent orga-
nization, which is ACTION, which Mr.
Pauken heads, then perhaps the best pol-
icy for this Senate to pursue would be
to separate the Peace Corps not only
from ACTION but from the U.S. Gov-
ernment as well, make a private organi-
zation qut of it. -
In that way there could be no charge
raised by anybody that the Peace Corp
is, as some have said today, a tool of the
CIA or of any other Government agency,
and iIi that way no life of any Peace
Corps volunteer would be in jeopardy for
reasons of affiliation of the Peace Corps
with any agency oP the U.S. Govern-
ment.
I happen to think all of these sugges-
tions are specious and unfounded and, as
I said earlier, it is a veiled slap in the
face of Mr. Pauken, a distinguished
American who served his country well.
The Peace Corps could become a pri-
vate volunteer organization and seek as-
sistance. from the Agency for Interna-
tional Development, AID, and from the
general public. Let it stand on its own
feet. Maybe it is time to do that.
.We can debate that when the Senp,-
tar's bill comes up. But let us not come
in through the back door with a veiled
slap against a fine American. Let us not
come in through the back door with a
piece of Iegislation which has been con-
verted into an amendment. Let us meet
the matter forthrightly and head-on
with a full debate on this floor on a sub-
stantive question.
If the Peace Gbrps should become a
private volunteer organization, it would
then be truly and completely a volunteer
organization with volunteers working in
foreign countries and with contributions
for its activities being voluntary, at least
in part, aside from the funds it will re-
ceive from AID.
Let me repeat, the administration is
correct in its unalterable opposition to
this amendment, and for that reason,
Mr. President, I move to lay the amend-
ment on the table and I ask for the yeas
and nays.
SEC. 606. (a) Not later than the thirtieth
day after the date of enactment of this Act,
the Director of the Office of Management and
Budget. shall submit to the appropriate com-
mittees oY the Congress and to the Comp-
troller General a report regarding the steps
taken in implementation of the provisions
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June 17, 1981 CONGRESSIONAL RECORD-SENATE
The PRESIDING OFFICER. Will the
Senator identify which of the two
amendments he is going to move to table.
Mr. HELMS. Well, with all due respect
to the Chair-and I do respect the Chair
and the Parliamentarian-I do not un-
derstand why the tabling of the first
amendment submitted would not bring
down the second amendment.
The PRESIDING OFFICER. It would.
Mr. HELMS. I thought the Chair
stated exactly the opposite just a mo-
ment ago. But the Chair now says in any
case that if the first amendment is ta-
bled, it-brings down the second; is that
correct?
The PRESIDING OFFICER. The Sen-
ator is correct.
Mr. HELMS. In that case I move to
table the amendment first submitted, and
I ask for the yea"s and nays.
The PRESIDING OFFICER. Is there a
sufficient second? There Ls a sufficient
second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the motion of the
Senator from North Carolina to lay on
the table the amendment of the Senator
from California. The yeas and nays have
been ordered, and the clerk will. call the
roll.
The assistant legislative clerk called
the roll.
Mr. STEVENS. I announce that the
Senator from Pennsylvania (Mr. HEINZ)
and the Senator from South Dakota (Mr.
PRESSLER) are necessarily absent.
Mr. CRANSTON. I announce that the
senator from New York (Mr. MoYNrxnx)
is necessarily absent.
The PRESIDING OFFICER. Are there
any other Senators wishing to vote?
The result was announced yeas 45.
;nays 52, as follows:
iRollcall Vote No. 155 Leg.j
YEAR-46
Abdno2
Garn
Packwood
Andrews
Goldwater
Percy
Armstrong
Gorton
Quayle
Baker
Grassley
Roth
Byrd,
Hatch
Rudman
Harry F., Jr.
Hawkins
Schmitt
Cannon
Hayra.kawa
Simpson
Chafee
Helms
Stevens
Cochran
Jepse?n
Simms
Cohen
Kasten
Thurmond
D'Amato
Laxait
Tower
Denton
Luear
Wallop
Dole
Mattingly
Warner
Domenicl
McClure
Zorlnsky
Durenberger
Murkowskl
East
Nickles
NAYS-52
Baucua
Glenn
Metzenbaum
Beutsan
Hart
Mitchell
Biden
Hatfield
NunRs
Boren
Heflin
Pell
Boschwitz
HolLimgs
Proxmire
Bradley
Huddlestan
Pryor
Bumpers
Humphrey
Randolph
Burdick
Inouye
Riegle
Byrd, Robert C. Jackson
Sarbanes
Chiles
Johnston
Sasser
Oranstoa
Kassebaum ~
Specter
Danforth
Kennedy
Stafford
DeConcini
Leahy
Stennis
Dixon
Levin
Tsoavgas
Dodd
Long
Weicker
EagletAa
Mathias
Williams
_Exon
Matsunaga,
Ford
Melchea?
NOT VOTINCf-3
Heinz
Moynihan Pressler
? So the motion to lay on the table UP
amendment No. 160 was rejected.
Mr. MATHIAS addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from Maryland.
Mr. MATHIAS. Mr. President, further
debate on this amendment is now in or-
der, is it not?
The PRESIDING OFFICER. The Sen-
ator is correct. The amendment is
debatable.
Mr. MATHIAS. Mr. President, I sup-
port the proposal to separate the Peace
Corps from ACTION, primarily because
I believe full autonomy for the Peace
Corps will increase its ability to meet the
objectives the Congress set for it: First,
to help people in the poorer nations to
improve their skills; second, to promote
better understanding of the American
people among the peoples of developing
countries; and, third, to promote better
understanding and awareness of the peo-
ple of the developing countries among
the American people. The Peace Corps
will be better ?able to recruit volunteers,
and to work in foreign countries, and to
communicate its purposes arld results to
the American people, if it is a fully au-
tonomous agency.
Mr. President, this is a particularly
appropriate time to return the Peace
Corps to the independent status it erl,-
joyed during its first 10 years of ex-
istence. The Peace Carps is celebrating
its 20th anniversary this summer. More
than 80,000 Peace Gbrps volunteers have
served in more than 80 countries during
the past two decades. The Peace Corps
has greatly assisted many countries in
their development efforts, and while do-
ing so, has increased the understanding
of American ideals and principles.
Tt is deeply regrettable thhat same
America-ns do not even realize the Peace
Corps continues to exist today, and are
totally unaware of its accomplishments.
Full autonomy for the Peace Corps will
greatly enhance the visibility of the
Peace Corps.
Mr. President, I wish to point out to
my colleagues _ that the Gbngressional
Budget Office has concluded that the
proposed separation of the Peace Corps
from ACTION "is expected bo have no
budget impact." The Peace Corps itself
made a preliminary analysis of the cost
of operating independently from AC-
TION and concluded there vcrould be no
additional costs to the Peace Corps. OMB
came to a different conclusion, estimat-
ing the cost, on the outside, at $3 mil-
lion, although OMB said that figure "fs
likely to be too large."
The Committee on Foreign Relations
concluded, ?and I concur, that even if
there were a small additional adminis-
trative cost entailed in separation-and
there may not be, based on our own con-
clusfons-an autonomous Peace Corps
would be well worth it in terms 'of effi-
cient realization of the purposes the
Peace Corps serves.
Mr. President, i believe one of the best
20th anniversary presents the Congress
can give to the Peace Gbrps ?and to tho
American people is approval of t1+~Q
measure to restore full autonomy to the
Peace Corps.
Mr. RANDOLPH. Mr. President, will
my able colleague from Maryland yield?
Mr. MATHL9S. It will be a privilege
~S 6377
to yield to the distinguished Senator
from West Virginia.
Mr. RANDOLPH. Mr. President, I
thank my colleague from Maryland. The
arguments he sets forth are all valid.
There is no partisanship or should not
be in this sort of matter. There are dis-
agreements. That is absolutely, in my
opinion, the very heart and essence of
what we are doing here this afternoon.
Mr. President, I am privileged to join
in the amendment that has been offered
by our colleague, the Senator from Cali-
fornia (Mr. CRANSTON) who advocates
the autonomy of the Peace Corps. I do
it not because he is a member of the
Democratic Party. I do it not because
someone else from the Republican Party
opposes his efforts. I feel that it is very,
very important, that we, in a sense, re-
turn the Peace Corps to its original de-
sign and purpose when it was so ably
directed by our good friend Sargent
Shriver; we must not allow it to be frit-
tered away, as it were.
If I may be pardoned, Mr. President,
it was my privilege to address that first
Peace Corps group that left the United
States to go overseas. i talked with them
the night before they left for Katmandu,
a long way from the United States of
America. I remember that tall, gangling
farm lad from Iowa who said to me,
"I wonder why I am going so Par away
from the United States of America" Just
a farm boy from the Middle West. I said,
"You are answering the question your-
self, of course. You are going to try to
help people who need to know how to
plant, how to cultivate, and how to pro-
duce the foodstuffs for the countries,
wherever those countries exist. You are
going to help people perhaps to build a
house, build a road, or build a bridge,
where they may have been sheltered in
a lean-to. You even mill plant a crop and
help harvest it or have no way to move
to market so that little children will have
the nourishing food they need. You are
not going to revolutionize the world.
That is not the purpose. But you are
going to have that commonality of
understanding."
Sometime we shall come, hopefully, to
the realization that it is not enough to
be tolerant of someone else because, in
tolerance, you can walk by on the other
side: People often say "I am tolerant of
this or that," but what the world needs,
as I talk here, perhaps too earnestly, is
understanding between men and women.
That is working for and with people-
not for greater armaments, and not cer-
tain types of programs that are so so-
phisticated in the ways of death-dealing
devices that we wonder what we should
do. There is every reason for practical
programs such as the Peace Corps, in
which the United States of America will
participate with people from other lands.
other backgrounds in building, hope-
fully-and I use these wards advisedly-
abetter world.
Mr. MATHIAS. Mr. President, the
Senator from West Virginia is exactly
right. He has put his finger on the ob-
jectives of the Peace Corps, to build a
better world, to work for people and with
people. We do that without any aura of
personality or any aura of political mo-
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tfvation. The best. way to do that is to
have the Peace Corps operating inde-
pendently so no perception of political
motive can creep- in. That is why I am
supporting this.
The Senator from West Virginia is
further right in saying that there are
those on both sides of the issue on both
sides of the aisle. We are dealing with
this as a matter of conscience for the
best interests of the United States and
of humanity. That is why i favor' the
amendment.
Mr. President, I yield the floor.
THE TIME TO ENACT THE PEACE CORPS
AIITONOMY ACT IS NOW
Mr. BRADLEY. Mr. President, the
time has come to establish tht autonomy
of the Peace Corps and thereby restore
to it the strong identity that motivated
its volunteers during its formative years,
This can be done by enacting the Peace
Corps Autonomy Act, introduced by the
distinguished senior Senator from Cali-
fornia, Senator CRAN3TON. Nothing less
will do. Separation of the Peace Corps
from the ACTION umbrella has been
gaining support among legislators, mem-
bers of the executive branch, and the
Peace Corps family over the past few
years. Those closest to the organization
have long recognized that autonomy for
the Peace Corps will increase its visi-
bility, enhance recruitment, and thus
lift up the morale of its personnel. It will
renew the sense of purpose and vitality
that distinguished this special organiza-
tion during its early years and I believe
it could launch the Peace Gbrps into a
new era of commitment and effective-
ness.
In 19&1, the Peace Corps was born of a
compelling ideal: Dedication to better-
ing the conditions of the world's poor by
sharing America's resources of human
talent, skills, and idealism. To establish
its special identity, it was made a sep-
arate agency within the Department of
State. The dynamism and exuberance of
the first director of the Peace Corps, Sar-
gent Shriver, a man whose name has be-
come almost synonymous with the Peace
Corps, turned the idea into an institu-
tion.
For 10 years, the Peace Corps remained
a vibrant agency in the State Depart-
ment. In 1971, it was transferred 'to the
ACTION agency, whose umbrella also ex-
tended over VISTA and other domestic
volunteer programs. Then in 1979, the
House approved legislation which would
have removed the Peace Corps from the
ACTION agency and placed it within the
newly created International Develop-
ment Cooperation Agency (IDCA) . How-
ever, this proposal disturbed many sup-
porters of the Peace Corps, including
Members of this body, who feared that
placing the Carps within IDCA, the pro-
posed umbrella aid agency, would cast it
as another foreign aid program. This
image would rob it of .its unique ~people-
to-people character, which emphasizes
the mutual benefit of interaction between
Peace Corps volunteers and the people of
their host countries. Responding to these
concerns, and recognizing the value oP
Peace Corps independence, President
Carter offered a compromise. He issued
an Executive order which made the Peace
Corps "semiautonomous" within the
CONGRESSIONAL RECORD-SENATE June 17, 1981
ACTION agency.
Mr. President, the 1979 Executive order
apparently has resolved same of 'the ad-
ministrative, personnel, and budgetary
problems that concerned M~~Ilibers of
Congress. However, being subsusriedwith-
in ACTION continues to hinder the abil-
ity of the Peace Corps to project a strong
independent identity, and this, no doubt,
has affected the recruitment of Peace
Corps volunteers. Remaining under the
ACTION umbrella obscures Peace Carps'
visibility bath at home and abroad. Peace
Corps is a unique institution with a spe-
cial global purpose, and should not be
grouped with domestic programs which
have a noble, but different purpose. It can
best accomplish its mission by standing
on its awn.
Indeed, Mr. President, its, separate
identity is intrinsic to accomplishing its
mission. Foreign. hosts to Peace Corps
volunteers must know and believe that
the Peace Corps is -not just another in-
strument of U.S. foreign policy, but a
unique force for global betterrrient
through people-ta-people oontacts.
A report entitled the "Future of the
Peace Corps>" prepared under a con-
tract for the ACTION agency ~ by the
Aspen Institute for Humanistic 'Studies,
concluded, in 1977, that "as the 'holding
company' for the Peace Corps," ACTION
drastically reduced the Peace Corps'
visibility, subordinated its recruitment
function to several different domestic
volunteer groups, kept the number of
volunteers low, allowed the unit cost of
a volunteer to rise, and, "in general,
made the Peace Corps a somewhat more
routine, less exciting adjunct to the for-
eign aid function, rather than a uniquely
vibrant expression of `the best; that is in
us':' Revitalizing what can become our
best means for broadening international
understanding is sufficient reason to
take the simple administrative action of
separation authorized by S. 1015.
Mr. President, the recent confirmation
of ACTION's Peace Corps Director,
Thomas Pauken, presents a forceful
argument for separating the Peace Corps
at this -time. Like a number of my col-
leagues, Iopposed Mr. Paulken`s nomi-
nation not because I questioned his
character, ability, or qualifications, but
because I feared that his previous serv-
ice as a military intelligence advisor in
Vietnam would be construed by the for-
eign peoples with whom the Peace Corps
works as evidence of a connection be-
tween the Peace Corps and the U.S.in-
telligence community. Such suspicions
can compromise irreparably the effec-
tiveness of the Peace Corps.. For this
reason,. the Corps has maintained a
policy of complete separation from the
intelligence community and its activi-
ties. Technically, Mr. Pauke~n is not
barred from serving as Director of
ACTION, but many friends of the Peace
Corps, including me, .strongly feel that
Mr. Pauken's assumption of the Direc-
torship of the Peace Corps' parent
agency can be used to feed foreign sus-
picions that the Peace Corps serves U.S.
intelligence agencies. Foreign citizens
not familiar with our policies or bureau-
cratic structure are not likely to draw
fine distinctions between an umbrella
agency and the agencies it embraces, nor
between past intelligence work and cur-
rent intelligence activity. Merely raising
these suspicions would seriously rob the
Peace Corps of its effectiveness and en-
danger the security of its overseas staff
and volunteers.
The recent confirmation of Mr.
Pauken as Director of ACTION makes
it imperative that we pass this bill not
next year, or the next year, but now. I
hope my colleagues will join with me in
reinforcing the credibility of th's im-
portant institution and reinvigorating
its activities. I urge them to once and for
all resolve the decade-old problem oP
submersion that has plagued the Peace
Corps, and' pass 5..1015, the Peace Carps
Autonomy Act.
Mr. President, I yield the floor.
Mr. TSONGAS. Mr. President, I wish
to make two points briefly, if I may.
There are two of us in this body who were
Peace Corps volunteers. I served in Ethi-
opia in 1962 and 1954 in the first group
that went over to that country. I feel very
strongly about the Peace Corps, what it
was about, what it did, not only for those
countries but for the United States. Iron-
ically and appropriately, this weekend in
Washington is the 20th anniversary con-
ference of the Peace Corps. There are
returned Peace Corps volunteers from all
over the Nation convening in the Nation's
Capital this weekend to talk about the
value of the Peace Corps, where it
is going, and so on. This gesture to
strengthen the Peace Corps back to its
original administrative foundation, I
think, is very appropriate and will be
appreciated by those who are here this
weekend.
The second point I make is that this is
a truly bipartisan effort. Let me point out
that, last year and 2 years ago and before
that, there were a number of tts who were
involved with the Peace Corps and
wanted to separate it. At that time., Sam
Brown, who was the head of ACTION,
argued with us, "Give me a chance to
prove thatit can work."
Well, like fools, we agreed to that
appeal and gave him a year. The year
did not work out well. By the time we got
around to resolving the issue, it was too
late. So, under the prior Democratic
administration, Iwas in favor of the
separation. I am in favor of it now under
a Republican administration.
The facts have not changed, Mr. Presi-
dent. The Peace Corps flourished as a
separate entity. It will flourish again
when it is separated from ACTION. So
there is no partisanship to it, having been
involved in the struggle for some time.
I believe the Peace Corps has done a
great deal for this country and for those
who come back. I know it has done a
great deal for me.
I urge my colleagues to give us the
benefit of the doubt on this issue and
let us see where the separation will go.
I yield to the Senator from Con-
necticut.
Mr. DODD. I thank the Senator for s
yielding.
Mr. President, I am the other Peace
Corps volunteer .serving in this body. I
served for 2 years in the Dominican Re-
public, shortly after the revolution in
that country in 19&5.
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J2crte 17, 1981 CONGRESSIONAL RECORD-SENATE
I strongly support the amendment of
the Senator from California. This
amendment should stand on its own. It
is an idea whose time has come.
I believe that the Peace Corps, in the
last decade, lost much of the luster and
the effectiveness it had achieved in the
first decade of its existence as a result
of incorporating it under the umbrella
ACTION. -
While there are a number of Govern-
ment agencies which do not enjoy over-
whelming public support in this country,
one of the unique qualities of the Peace
Corps throughout its 20-year existence
has been that, of all the other agencies
of the Federal Government, the Peace
Corps has been one agency that has en-
joyed overwhelming popular support.
They have had difficulty in the last
few years in recruiting. I believe that al-
~Iowing the Peace Corps to stand on its
own, to achieve the preeminence, if you
will, that it enjoyed years back, in our
overall governmental structures, will
contribute significantly to the work the
Peace Corps has done over the years.
One of the great ironies of the Peace.
Corps is that the most significant bene-
ficiary of the Peace Corps has not really
been the host country which the Peace
Corps has served over these 20 years.
In fact, I believe most volunteers will
admit that our own country, the United
States, has been the great beneficiary.
The more than 90,000 returned Peace
Corps volunteers have made significant
contributions to our own society as a
result of their experience as Peace Corps
volunteers.
I believe the effectiveness of the Peace
Corps would be enhanced by restoring it
to the full operational autonomy it en-
joyed from 1961 to 1971. The Peace Corps
is one of the most popular and well
respected Government agencies. Unfor-
tunately, its effectiveness had been di-
minished by its incorporation into the
ACTION agency.
I should note that when my distin-
guished colleague, Senator CRANSTON, in-
troduced this measure as S. 1015 in the
Senate Foreign Relations Committee on
May 13, it was passed overwhelmingly. I
was pleased to be an original cosponsor
of this legislation. Because of its impor-
tance, Ibelieve it is entirely appropriate
that the separation of the eace Corps
from ACTION should be o~ered as an
amendment to the bill being considered
today.
Since its incorporation into ACTION
in 1971, the Peace Corps has lost much
of its visibility and effectiveness in re-
cruiting motivated volunteers. As part of
ACTION, the unique international mis-
sion of the Peace Corps has been blurred
by its association with all the other
domestic volunteer programs. Separation
from ACTION will restore the strong
public image and identity of the Peace
Corps and enhance its recruiting efforts,
I believe.
Another reason to establish the Peace
Corps as an independent agency is to re-
lieve it of the unnecessary layers of
bureaucracy. The Peace Corps currently
shares various support services with
ACTION which are required to report to
two different 'authorities. The lines of
authority and communication under the
present structure are confused and often
conflicting. The positive image of the
Peace Corps is simply not enhanced by
the perception of bureaucratic conflict
and inefficiencies. The Peace Corps has
an international mission. Its submersion
in a larger agency with purely domestic
responsibilities makes little sense.
Finally, we come to the issue of the
Peace Corps' historic policy of complete
and total separation from intelligence
activities. No one can argue that any
association of the Peace Corps with intel-
ligence-gathering activities would seri-
ously endanger the safety of our volun-
teers serving overseas. Unfortunately,
such an association has been made by
some because of the nomination of
Thomas Pauken as Director of ACTION.
Mr. Pauken's previous experience in mili-
tary intelligence has rightly caused con-
cern that his oversight of the Peace Corps
could blur the strict separation of the
Peace Corps from intelligence activities.
The complete autolomy proposed by this
amendment would insure that both the
reality and the perception of complete
and total separation from intelligence
functions could not be called into
question.
An independent Peace Corps will be a
stronger, more vital, and more effective
Peace Corps. I join the millions of others
who. are striving to achieve an independ-
ent Peace Corps, and I urge my colleagues
to support this amendment.
Mr. TSONGAS. Mr. President, I will
finish with one story.
Yesterday, in the Foreign Relations
Committee, Senator PERCY ended the
meeting by talking about a speech Sen-
ator DODD had delivered recently t0 a
conference of Americans and Mexicans.
Senator DODD delivered his speech iri
Spanish, speaking as one who had served
in Latin America. Senator PEECY was
present at the speech and was very taken
with the impact of the speech by one
former Peace Corps volunteer who is now
serving in the Senate.
I believe that is an illustration of what
the Peace Corps has meant. I suggest we
go back to what that has meant.
Mr. DURENBERGER. Mr. President,
I send an amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The Chair
informs the Senator that an amendment
is not in order. There are two amend-
ments currently pending.
Mr. PELI,. Mr. President, a parliamen-
tary inquiry.
Mr. HUMPHREY addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from.New Hampshire.
Mr. HUMPHREY. Mr. President, a mo-
ment ago, this Senator voted against
the tabling motion, for the reason that a
year or so ago, I offered an amendment
similar to this, to remove the Peace Corps
from the ACTION agency.
I have been informed by a little birdie
that there is perhaps at least a tiny ele-
ment of rebuke in the amendment now
pending. I doubt that seriously. But just
in case this amendment has some tiny
element.of rebuke, either to the present
S 6379
Director of the ACTION agency or to the
administration, Iwant to make it clear
that I disassociate myself from any such
activity. I believe that the fundamen-
tal underpinnings of the amendment are
very good, and I shall support it, as I did
1 year ago.
Mr. CRANSTON. Mr. President, I
thank all Senators who have spoken in
favor of this amendment. It was particu-
larly significant to have two former
Peace Corps volunteers, Senators DODD
and TSONGAS, speak on its behalf.
I ask unanimous consent to have the
name of the Senator from West Virginia
(Mr. RANDOLPH) added as a cosponsor of
both pending amendments.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. CRANSTON. Senator RANDOLPH
played a key part in the establishment
of the Peace Corps, and I am delighted
to have him as a cosponsor, and I ap-
preciate very much his very meaningful,
most heartfelt remarks about the Peace
Corps.
I thank Senators MATHIAS, HATFIELD,
BoscxwlTZ, and HUnaPHREY and others
on the other side of the aisle for their
support based on the substance of this
matter.
I suggest that we now proceed to a
vote, if we may.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment in the second degree (UP No. 161)
by the Senator from California.
The amendment in the second degree
was agreed to.
Mr. CRANSTON. I move t0 reconsider
the vote by which the amendment was
agreed to.
Mr. PELL. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to.
Mr. CRANSTON. Mr. President, the
yeas and nays have been ordered on the
underlying amendment. I see no reason
to put the Senate through a rollcall vote,
since we have decided the issue, and I
ask unanimous consent that the order
for the yeas and nays on the amend-
ment be vitiated.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The question is on agreeing to the
amendment, as amended.
The amendment (UP No. 160> , as
amended, was agreed to.
Mr. CRANSTON. I move to reconsider
the vote by which the amendment was
agreed to.
Mr. PELL. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to.
Mr. DURENBERGER addressed the
Chair. -
The PRESIDING OFFICER. Under the
previous order, the Senator from Kansas
is to be recognized.
Mr. PERCY. Mr. President, I am very
pleased to report that an agreement has
been reached. Senator DvRENBERGER will
offer an amendment on behalf of the dis-
tinguished Senator from Kansas and the
distinguished Senator from Vermont.
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S 6380
CONGRESSIONAL RECORD -SENATE June 17', 19 81
The PRESIDING OFFICER. The Sen-
ator from Minnesota.
IIP AMENDMENT NO. 162
(Subsequently numbered amendment No,
72. )
(Purpose: Amendment to State Department
authorization concerning infant nutri-
tion)
Mr. DURENBERGER. Mr. President, I
send an amendment to the desk and ask
for its immediate consideration.
- Tlie PRESIDING OFFICER. The
amendment will be stated.
The legislative clerk read as follows:
Trie Senator -from Minnesota (Mr. DIIREN-
BERGER), for himself; Mr. LEAHY, and Mr.
DOLE, proposes an unprinted amendment
numbered 162.
Mr. DURENBERGER. Mr. President,
I ask unanimous consent that the read-
ing of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered. -
The amendment is as follows:
On .page 15, between lines 1S and 14, insert
the following:
INFANT NVfRITION
SEC. 117. (a) Congress finds there is over-
whelming scientific evidence that breast-
feeding has substantial advantages for in-
fant health and growth, that it offers an
uncontaminated food supply, an early trans-
fer of antibodies protective against infec-
tious diseases; and a naturally evolved and
tested nutritional source; and that it is an
important factor in bonding between mother
and child.
(b) Congress is. concerned that numerous
studies, in a wide variety of developed and
developing countries, over a long period of
time, have shown that improper use of
breastmilk substitutes is associated with
higher rates of illness and death and, in
poor communities, with lessened growth and
nutrition. The problem of unrefrigerated
breastmilk substitutes prepared with pol-
luted water and placed in contaminated bot-
tles is further complicated bq insects and
heat in tropical climates..
(c) It is estimated that 100 million of the
125 million children in the world below the
age of one are born in developing countries.
Congress is concerned that 10 million of
these 100 million will probably not live un-
til their first birthday and that diarrhea and
other infectious diseases, when combined
with the problems of malnutrition, account
for more trian half of these deaths.
(d) Congress is further concerned that
the health of those infants whose mothers
are unable to provide them adequate breast-
milk--whether for physical, economic, or
cultural reasons-also be protected.
(e) Congress is concerned with the nega-
tive vote cast by the United States on May
21, 1981, at the 24th World Health Assembly
of the World Health Organization on the
"International Code of Marketing of Breast-
milk Substitiltes", and is further concerned
that the vote has subjected IInited States
policy to widespread misinterpretation.
(f) Therefore, the Congress:
(I) reaffirms the dedication of the United
States to the protection of the lives of all
the world's children and the support of the
United States for efforts to improve world
health:
(2) endorses the work being done by the
Agency for International Development
(AID), the World Health Organization
(WHO) and the United Nations Children's
Fund (UNICEF) across the broad front of
problems associated with infant and young
child nutrition;
(3) encourages the international health
organizations, and their member states, to
continue combating infant illness by im-
proving sanitation and water quality;
(4) urges the United States Government
and the breastmilk substitute industrq to
support the basic aim of the Code and t0
cooperate with the governments of all coun-
tries in their efforts to develop health stand-
ards and programs designed to Implement
the objectives of the Code.
Mr. DURENBERGER. Mr,. President,
I express my appreciation to the Senator
from Kansas (Mr. DOLE) and the Sen-
ator from Vermont (Mr. LEAHY) for the
effort they have put into reaching an
amicable solution to a proposed amend-
ment that deals with the issue of infant
formula.
Mr. President, .for many years con-
cerned people have struggled with the
issue of the marketing of synthetic in-
fant fonmula in underdeveloped' nations.
A number of Minnesotans, many of whom
worked overseas on the nutritional
needs of those in underdeveloped coun-
tries, were among the leaders in bring-
ing this issue to the forefront of public
attention. Because of their involvement,
I am acutely aware of the controversy
and bring forth this amendment today.
Our country's vote at Geneva on the
World Health Organization's Infant
Formula Marketing Code isolated the
United States and left many people with
more questions than answers. Unfortu-
nately, the vote served to polarize a dis-
cussion that was already marked by
extreme positions.
The amendment we offer today is an
attempt to address the concerns that
many people worldwide have raised
about the U.S. vote. The amendment
recognizes that synthetic infant formula,
when properly used, is a valuable sup-
plement to the diet of many infants and.
young children and a godsend. to mothers
who cannot rely upon natural feeding.
In our concern for the nutritional needu
of infants and children in underdevel-
oped nations we cannot lose sight of this
fact.
Nor can we compromise an the basic
guarantees in our own Constitution. As
former Senator Sam J. Ervin, Jr., point-
ed out in a recent news article:
The issue of concern to me is that this
code, if adopted, will establish a danger-
ous precedent of worldwide control aver
the advertising, labeling, and marketing
of infant products.
Senator Ervin's warning is not to be
dismissed lightly. However, our amend-
ment-which is in the form of a "Sense
of the Congress" resolution 1?ather than
binding law-does not infringe on the
right of any person or business; rather,
it addresses the very real problems of
abuse, illness and malnutrition con-
nected with the use of synthetic infant
formula.
Mr: President, our concern today is the
health of infants throughout the world.
As our amendment points out, breast-
feeding has significant advantages over
the use of synthetic formulas.
Numerous studies have shown that the
improper use of breastmilk substitutes is
linked with higher rates of illness and
death.
If the users of infant formula in these
cases were well-educated and living in a
modern society with access to appro-
priate storage facilities and clean sup-
plies of water, there would be little
concern. We all know that is not the case.
In fact, one of the specific points ad-
dressed in this amendment is the need
for international health organizations to
continue combating infant illness by
improving sanitation and water quality.
In the wake of the U.S. vote at Geneva,
our policy has been misinterpreted and
used by propagandists who are always
looking for avenues of attack on our
country. That concerns me and gives
me added impetus for this amendment.
But what concerns me even more is
the health of infants. If we were dealing
only with the symbolism of a vote we
could swallow our pride and move on to
other matters. But we are dealing with
much more than that. The sum of 100
million of the 125 million children in the
world under the age of one were born in
developing countries. At least 10 million
of these infants will not live until their
first birthday. Many more millions will
be undernourished.
Certainly, not all of this tragedy is re-
lated to the use of synthetic formula.
But if it is in our power as a compassion-
ate nation to give these infants a better
opportunity for a healthy life, then we
must take every step available to us to ~.
achieve this goal.
Mr. President, in my opinion, this
amendment sets the record straight on
U.S. policy, and I think it is a very im-
portant step in the direction of bringing
help to the persons in underdeveloped
countries.
? Mr. ANDREWS. Mr. President, I sup-
port the amendment offered by Senators
DURENBERGER, LEAHY, and DOLE.
We are all aware of the horror stories
that surround this issue, and I do not
think I seed to document the advantages
of breastfeeding. But, I do think it is im-
portant that the Senate of the United
States go on record in support of the
World Health Organization's efforts to
improve the nutrition of all infants in
the world.
I am not in favor of controllirig private
enterprise, as you well know. But, I do
feel that commonsense and decency must
come into play when our products are
being marke$ed throughout the world.
During my years in the Congress, I have
worked to promote our advanced agri-
culturalproducts and technology around
the world in a positive, productive
manner.
Products like infant formulas should
be provided to underdeveloped countries
to promote health and well-being among
the mothers and infants, but it .must be
done with discretion. The instances of
malnutrition and .suffering we have all
heard about in connection with the mar-
keting of infant formula is not the image
I believe we want America to have.
Others have already outlined the en y
tire problem, but I did_ want to add my
voice of support.?
Mr. DALE. The Senator from Kansas
will not be available tomorrow, and ~ I,
want to make a statement in support of
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June .17, 1981 _
CONGRESSIONAL RECORD -SENATE
the resolution. I want to thank the dis-
tinguished Senator from Vermont and
the Senator from Minnesota for working
out what I consider to be a positive res-
olution, and to also thank the members
of their staff.
Mr. President, many of us have de-
voted considerable attention over the
past few weeks to the U.S. vote against
a proposed international code on breast-
milk substitutes. In the course of the
debates surrounding America's vats in
the world health assembly against the
proposed code, little attention has been
given to the positive efforts in support of
breastfeeding that our country makes in
the Third World. The Agency for Inter-
national Development (AID) is explicitly
authorized by the Foreign .Assistance
Act to promote infant nutrition, includ-
ing breastfeeding, maternal health and
good weaning practices. Pursuant to
these statutory authorizations, AID has
spent millions of dollars in Third World
countries promoting breastfeeding and
surveying nutritional practices.
The Reagan administration has an-
nounced that the United States voted
against the proposed breastmilk sub-
stitute code because, if enacted in the
United States, the code would have posed
numerous constitutional and other legal
questions. Some have disputed the wis-
dom or necessity of the vote. The ad-
ministration would, for instance, have
been equally well. served by an absten-
tion coupled with an explanation of the
first amendment considerations ap-
plicable in this country but nowhere
else.
In any event, whatever the vote or the
reasons for it, we must now look to the
future. I am convinced that AID's and
the administration's commitment to
breastfeeding is genuine. I believe that,
in our development assistance programs,
we will strive to advance the spirit of the
WHO code, even though the administra-
tion could never accept many of its con-
stitutionally questionable provisions.
THE V.S. RECORD ON INF NT NUTRITION
In response to the mandate of the Con-
gress in the Foreign Assistance Act of
1977, the United States expanded its ef-
forts to promote maternal ~ nutrition,
breastfeeding, and good weaning prac-
tices on the international scene. The
United States has been supporting proj-
ects in developing countries years before
the idea of a code was recommended by
the WHO/UNICEF meeting in Geneva
in October 1979. We expect this to con-
tinue as more and more countries them-
selves give attention to the problem of
maternal and infant malnutrition.
II.S, EFFORTS THROUGH AID
The following is a brief progress re-
port of the maternal and infant nutri-
tion activities currently supported by the
United States through the agency for in-
ternational development.
To assist countries in promoting a
broader dialog on policy issues and to
insure that policymakers have access to
the most current scientific and. technical
knowledge, AID is supporting a series of
workshops and seminars on an interna-
tional, regional, and national basis. In
the past 18 months, it has supported the
following:
A regional symposium in Bangkok, at-
tended by representatives of 10 Asian
countries. Held in connection with the
Asian pediatric congress, the symposium
results were presented to 3,000 partici-
pants of that congress.
A regional workshop in Cali, Columbia
for pediatric, obstetric, and nutrition
professionals from 12 Latin American
countries. The printed workshop pro-
ceedings were distributed throughout
Latin America.
A symposium on breast-feeding pro-
motion in Brazil in conjunction with an
international dietetic congress.
A workshop in Fiji for representatives
of 10 island nations.
National workshops in the Philippines,
Nepal, Indonesia, Panama, Costa Rica,
Lesotho, the Gambia, and Sierra Leone.
Several of these activities have been
undertaken in cooperation and/or col-
laboration with the World Health Or-
ganization, UNICEF, and private volun-
tary organizations. The choice of re-
source leaders and participants is the re-
sponsibility of the developing countries
and the conclusions and recommenda-
tions are their own. The United States
does not prejudge or attempt to influ-
ence the results.
A clearinghouse is now in operation at
the American Public Health Association
to provide. information on request to de-
veloping-country policymakers and proj-
ect implementers on research findings
and on new policy and program develop-
ments.
A new newsletter has been created and
is now distributed three times a year in
English, French, and Spanish to develop-
ing country workers. About 7,000 copies
are. read by about 30,000 persons involved
in maternal and infant nutrition.
About 225 midwives received training
in a Guatemala course.
A training manual on the management
of breastfeeding promotion in health
centers was received and tested for use
by health auxiliaries, midwives, and
nurses in El Salvador.
The center for population activities is
training midlevel managers of family
planning and women's programs in at
least five countries to strengthen their
capabilities in promoting breastfeeding,
good weaning, and improved maternal
nutrition.
Expertise and some funding has been
provided to the institute of child health
in Tunisia to help them train pediatri-
cians, nurses, and auxiliaries in promot-
ing breastfeeding and other infant nu-
trition activities.
Seminars have been provided for Bur-
mese medical students.
To assist countries in deciding on and
implementing weaning foods strategies
and programs, AID is offering several
kinds of assistance:
Through an inter-agency agreement
with the U.S. Department of Agriculture,
we offer help to countries with the food
technology to formulate products, to de-
termine their feasibility, to engineer
plants, and to plan marketing. In the
past 2 years, AID-assisted weaning food
S 6381
plants have been opened in Sri Lanka,
Costa Rica. and Guyana.
Under a contract with a group at Har-
vard and MIT, assistance is given to pro-
mote home and village based weaning
foods. Under this relatively new project
activity, personnel are in the field at the
present time providing technical assist-
ance in Senegal and Liberia.
Joint USDA-Harvard-MIT teams are
available to help countries design wean-
ing food strategies which may encompass
promoting traditional weaning practices
in some parts of a country while devel-
oping an industrial product to serve other
areas.
To assist needy mothers and children .
in meeting their dietary deficits over the
short and medium term, the food for
peace program continues to give high
priority to providing foods for maternal
and child feeding programs. More than
half of the donated food commodities-
worth about $173,000,000-are blended
and fortified to meet the special needs
of pregnancy, lactation, and weaning.
To assist countries in planning and
implementing programs to educate and
motivate the public in developing coun-
tries, AID has provided funds to the in-
ternational nutrition communication
service, a consortium of organizations
with expertise in every facet of nutrition
education. from community development
activities to mother-to-mother ap-
proaches to school curriculum develop-
ment to the use of mass media in broad-
based education campaigns to the general
public. Similar assistance is frequently
provided as part of a country 'specific
health or nutrition project. Over this
past year-and-a-Half technical assist-
ance has been given to over 25 countries
in Asia, Africa, Latin America, and the
Caribbean.
In order to formulate the most effec-
tive policies and programs, there is a
great need to improve the quality of data
on infant feeding, on the. relationship
between maternal diet and location, on
the relationship between location and
family planning, and in a host of other
areas. The United States is supported
by the WHO, private industry and vari-
ous universities and research institutes,
which should, in time, provide more uni-
versally agreed upon information so that
policies and programs can be under-
taken with increasing confidence.
Among AID's current research activities
are the following:
Food consumption surveys in a num-
ber of countries include data on breast-
feeding and weaning practices.
Work is underway to compile 30 coun-
try profiles, which will summarize pub-
lished data on such things as prevalence
of malnutrition, infant mortality and
morbidity rates, prevalence and dura-
tion of breastfeeding, maternal nutri-
tion, diet during pregnancy and lacta-
tion, and so on. This documentation
of published data will provide a ready
reference guide for those who design
projects, make policy, or have research
interest in this area. The first of these
profiles is off the press, and all 30 pro-
files should be ready within a year.
As part of a broad inter-disciplinary
research effort in Malaysia, breastfeed-
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ing patterns and determinants are being
examined to identify the extent and
length of breastfeeding, and to compile
a profile of women who chose to limit or
substitute for breastfeeding.
A grant has been given to the popu-
lation council to conduct a four country
study on the determinants of infant
feeding practices. Anthropological tech-
niques are being combined with cross-
sectional survey lnethods to identify the
nature of trends in breast and bottle
feeding as well as their association with
factors such as clinic and health center
practices, the nature of traditional be-
liefs, women's work patterns, incomes,
infant formula marketing practices, and
so on. Three other instittutions are afffi-
iated with the population council in this
effort and five developing-country orga-
nizations. are involved. Collection of field
data is currently under way in the
four participating countries-Indonesia,
Thailand, Kenya, and Colombia.
Technical assistance and funds are
also being provided: First, to Cameroon
to study the causes of high growth fail-
ure among weaning age children in the
northern province; second, to Tunisia to
study breastfeeding and weaning prac-
tices in mothers using hospital services;
third, to Honduras to study infant feed-
ing practices and associated factors in
urban low income families; fourth, to the
Congo to document infant feeding prac-
tices for designing a national nutrition
education program.
Additional studies are being carried
out ixl the Caribbean and in Central
America through AII7 grants to the
Caribbean Food and Nutrition Institute
(CFNI) and the institute of nutrition
for Central America and Panama.
The above-mentioned activities repre-
sent afairly comprehensive but incom-
plete List of current American funded
activities in the general area of maternal
and infant nutrition. This may serve to
provide an idea of the scope of our ac-
tivities and to underscore our abiding
concern for the problems of maternal
and infant nutrition.
Mr. KENNEDY. Mr. President, I am
pleased to join in this bipartisan effort
to voice America's support far the inter-
national code on infant formula adopted
at last month's meeting of the World
Health Organization in Geneva.
Regrettably, the vote of our Govern-
ment failed to reflect the humanitarian
concerns of the american people. Among
the nations of the world, the United
States was the only country to cast a
"no" vote an the code. We turned our
back to the overwhelming majority of
the world community on a fundamental
issue that is literally a matter of life and
death to millions of newborn children.
We could not convince a single other
country to join us in voting against the
WHO code.
We stood isolated on a vote of 118
against our single vote of "no".
How often, Mr, President, has the
United States been so alone on a moral
issue at the United Nations?
How often have we voted against a
humanitarian initiative?
How often have we placed the profits
of the giant international drug firms
CONGRESSIONAL RECORD-SENATE June 17', 1981
above saving the lives of dying children?
The answer is never-until this admin-
istration's vote in Geneva.
Worse still, Mr. President, ollr vote was
unnecessary even on the principal
grounds cited by the administration-
that the code would be in violation of
American laws.
The WHO code is a voluntary code. It
was not designed for use in the United
States. It cannot supersede the laws of
any nation. And it can becolrie effective
only if a particular nation decides to
make it effective and acts to implement
it.
Yet we voiced our opposition to the
cries for help from these nations who
want and need the code-the develop-
ing nations in the third world where
human suffering of unspeakable propor-
tions-from poverty, disease and mal-
nutritian-is adaily reality.
If nothing else, America should have
voted for the code to show that we
understand the horror and the sickness,
the poverty and the frustration of mil-
lions-to say to other natiolzs that we
are your friends, we grieve with you for
your dying infants, and we want to do all
we can to help.
Mr. President, I feel a particular sense
of disappointment over the administra-
tion's negative vote, since it was our Sub-
committee on Health chat helped initiate
our Government's involvemerAt in the in-
fant formula issue. As chairman of the
subcommittee I spoke to the world health
assembly in Geneva in 1977 and later at
Alma Ata. The problem of infant formula
deaths was raised repeatedly, and I per-
sonally saw the deep concern of dele-
gates from throughout the Third World.
In meetings I had with the director-
general of WHO, Dr. Mahler, I urged
greater international action to deal with
infant formula deaths. And at home I
joined with others in a bipartisan effort
to secure our Government's supPOrt of
a voluntary code-one that was devel-
oped and modified in close consultation
with our Government.
During extensive hearings I conducted
in 1978, we heard eloquent testimony
that the infant formula code will help
save the lives. of millions of newborn
children. If governments and companies
abide by the code's provisions on the
advertising, marketing, and promotion
of such formulas, millions of infants will
escape infant formula deaths.
Every day, countless infants and young
children pay with their lives because
the formulas they are fed are watered
down or prepared with unsanitary water.
Daily, mothers who could have provided
breast milk to their children are per-
suaded to be modern to do what ad-
vertisements say is the best thing for
their children-to give them. special in-
fant formulas. But the tragedy is that
their own milk is far safer.
Again, Mr. President,, we know these
facts because over the years we have
heard repeated expert testimony from
physicians and nurses in the field, who
have seen with their own eyes infant
formula deaths. We know this from mis-
sionaries and health experts who have
seen malnurished children languishing
in remote lands-so remote that there is
no medicine, but there are cans of infant
formula available and sold by interna-
tional companies.
But our Government has ignored the
facts, and it has set America against the
rest of the civilized world.
If there is any solace in this self-in-
flicted wound, it is the certain knowledge
that if America's vote had been cast by
the American people, the outcome would
have been different.
Today's action by the Senate will help
give voice to this -and express the con-
cern of the American people for the
plight of infants around the world who,
daily, die infant formula deaths.
Mr. HAYAKAWA. Mr. president, let
me just take a very few seconds to in-
clude in the R>;coxn two articles on the
subject of baby formula.
One is from the San Francisco Ex-
aminer of May 28, 1981, entitled "Infan-
tile Furor Over Baby Formula," and an-
other is from the Washington Post by
Harry Levine entitled "Baby Formula:
Health Isn't the Issue."
Mr. President, I ask unanimous con-,
sent to have printed in the RECORD these
two articles to which I have referred.
There being no objection, the articles
were ordered to be printed in the RECORD,
as follows:
(Froze the San Francisco Examiner, May 28.
lsall
INFANTILE FUROR OVER $ABY FORMULA
(By R. Emmett Tyrrell, Jr.)
Infant formula! What is the conscientious
citizen to do about it? Mare to the point,
what is the United States of America going
to do about it? Yes, here is the state to
which our world-savers have brought us.
Now a nation of almost 227 million souls
with a budget of nearly ffi569 billion and ail
the interests that go with it must also adopt
a position on the marketing and use of baby
formula that insures the "protection and
promotion of breast-feeding"-the "unique
biological and e?notionai basis for the health
of both mother and child,"
Let those Americans anxious over the
clandestine powers of the world-wide con-
spiratorial doings of the CIA or the interna-
tional bankers weigh this sudden develop-
ment. Apparently, the La Leahe League of
militant breast-feeders is more powerful
than was heretofore imagined.
Last week the world-wide advocates of
breast-feeding rose up and got the august
World Health Organization (WHO) to adopt
a voluntary code that would ban the pro-
motion of infant formula, a modern con-
venience inimical to serious breast-feeders
all over the world. Not only that, but the
United States received a very black eye in
the process, far our government was one of a
very few members of WHO to vote against
the breast-feeders.
"There is no doubt," lamented Mr, John
Tendrotti, secretary of the Interfaith Center
on Corporate Responsibility, "that this will
isolate the United States in the international
health community," There we will be, all
alone, while the USSR, Burundi, Bolivia,
and Vietnam forge ever-ahead on the fron-
tters of world health. There had once been
such shining hope for the United States in
wHO. -
What has put infant formula into such
low repute with the experts at WHO is that=
mothers in the Third World use it rather
than mother's milk to nourish their children,
and they occasionally mix it improperly
either out of ignorance or because such in-
gredients as clean water are not available.
The infants occasionally get sick, some die.
According to opponents of infant formula,
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June 17, 1981 CONGRESSIONAL RECORD-SENATE
Third World mothers often use infant
formula because its producers advertise so
effectively. That is to say, the producers can
effectively educate women to buy this stuff
but not to mix it properly.
Several of the mayor producers of infant
formula are American companies, and in the
measured words of Dr. Stephen C. Joseph, an
opponent of infant formula who quit our
government in protest last Wednesday, these
companies are turning "baby bottles into
lethal weapons." Can we anticipate a drive
from the world-savers for the registration of
baby bottles?
The United States voted against this infant
formula code last week because of concern
over WHO's "involvement in commercial
codes." Those are the words of Gerald B. Hei-
man, the U.S. representative. After all, it Ls a
very big world out there, complicated by a
myriad of conditions,. political, economic,. de-
velopmental, and physical. According to Hei-
man, the IInited States objects to a "rigid
set of rules applicable to companies, health
workers, and health care systems in all parts
of the world."
Our government, of course, is absolutely
correct, and to see it take a stand against the
hot-air dispensers of the United Nations and
such specialized U.N. agencies as the World
Health Organization is very refreshing. This
preposterous code is but one more example
of the world-savers' yen to reach deeper and
deeper into the lives of free people in lieu
of carrying out their original goal of promot-
ing peace and. freedom around the globe.. We
live in a world where people are evermore
frequently being butchered by terrorists like
the IRA, the PLO, and other such interna-
tional hooligans, and what do the world-
savers get up on their hind legs about? In-
fant formula. -
IIndoubtedly there are places on this earth
where infant formula is a health menace. On
the other hand there are places where it is a
blessing, for instance where starvation and
other natural disasters have made breast-
feeding impossible. Every nation on this earth
is free to ban infant formula as it sees fit.
There Ss no reason for United Nations organi-
zations to delve into this realm.
[From the Washington Post, May 7, 1981 ]
BABY FORMULA: HEALTH ISN'T THE ISSUE
(By Harry Levine)
This month, the World Health Assembly
meeting in Geneva will vote on a proposed
code to regulate the marketing of breast milk
substitutes, worldwide.
The Post in its April 23 editorial ["Formu-
la for Trouble"] concedes that, "the pro-
posed code, sanctioning interference in the
domestic marketplace to restrict the promo-
tion of a legal product, cuts across the grain
of afree-enterprise society." For those who
oppose it, the code goes far beyond: It arbi-
trarily restrains and prohibits legitimate
commercial activities in clear violation of
U.S. constitutional protection of freedom of
expression and freedom of association.
Although the code's proponents argue that
the anti-formula campaign is a "health is-
sue," the medical premise underlying the
code is fundamentally faulty. This erroneous
premise has been nurtured by critics such as
Dr. Derrick Jeiliffe for UCLA, who is quoted
by the activist group INFACT In its fund-
raising letter: "Ten million Third World ba-
bies are starving because of the heartless,
money-hungry actions of powerful multina-
tional corporations."
Yet 1\ewsweek, on Oct. 22, 1979, reported
that Jelliffe "acknowledged that the number
is a'symbolic fleure' that he custemarily uses
to underline what a huge problem malnutri-
tion and disease represents"
The Post editorial makes a number of un-
Y'ounded assumptions. The most important,of
these is that breast-feeding can be promoted
by imposing severe restrictions on the mark-
eting of infant formula. There fe no sound
evidence that infant formula marketing
practices are casually related to mothers' de-
cisions concerning breast-feeding. In the
United States, where the infant formula
market is well developed and highly com-
petitive, breast-feeding has increased dram-
atically during the past decade. Of greater
importance, the World Health Organization's
own 1975-1977 study on breast-feeding in-
volving interviews with nearly 23,000 mothers
in nine diverse countries-both developing
and developed countries-failed to show any
causative relationship between commercial
factors and breast-feeding decisions. In re?
sponse to open-ended questioning about why
mothers did not breast-feed or stopped
breast-feeding, the study reported that in-
sufficient milk, maternal illness, infant ill-
ness and a new pregnancy were mentioned
frequently. Not once was any commercial
factor mentioned. It is important to note
that the WHO study e'as probably the most
massive study of breast-feeding practices
ever conducted.
The problems contributing to infant mal-
nutrition and disease in the Third World are
profound and cannot be dismissed by ascrib-
ing them to infant formula: poverty, polio-
tion, poor sanitation and illiteracy will not
be removed with a code. As The Wall Street
Journal noted: "The critics fail to mention
that the same contaminated water that they
fear gets mixed with formula was always
mixed with traditional native weaning
foods."
There are still those who believe that the
infant formula companies should support the
code if they care about babies' lives. The
leading activist groups, INFAC I' and the In-
terfaith Center for Corporate Responsibility,
call the infant formula manufacturers "baby
killers" and accuse them of leaving, by vir-
tue of their opposition to the code, "declared
war on babies."
In this context, it is essential to remind
ourselves that infant formula is life-sustain-
ing food. All agree that breast milk is pre-
ferred, but as the Committee on Nutrition of
the American Academy of Pediatrics states:
"When breast-feeding is unsuccessful, inap-
propriate or stopped early, infant formulas
provide the best alternative for meeting
nutritional needs during the first year."
Still the question persists: Why not sup-
port the code? Isn't the anti-formula cam-
paign "in essence a health issue" to protect
infants in the Third World, as The Post says?
For anyone willing to read the fine print,
there is substantial evidence to the contrary.
Article 5.1 of the code, for example, would
prohibit any and all advertising and promo-
tion to the public, regardless of its informa-
tional, educational or economic merit. Arti-
cle 5.3 prohibits worldwide all "point of sale
advertising special displays, discount cou-
pons, premiums, special sales" at local super-
markets. Another provision of this code
would prohibit .sales incentive compensa-
tion, sales goals and bonuses related to sales
fo-:. employees. Another would prohibit pro-
viding samples to doctors and prohibit doc-
tors and hospitals from providing samples
to bhe patients.
How' can one really relate these sweep-
ing prohibitions to polluted water !n .the
Third World2 For those who are skeptical
about the intended scepe of the code, it
should be noted that proponents of the code
very clearly state that phis code should ap-
ply to the United States. Should the code be
adopted, it would take the form of an official
recommendation of the World Health Assem-
bly to every one oP tle~ 15b member coun-
tries as a "minimum requirement" and one
to be implemented "in its entirety" in the
form of "legislation, regulations or other
suitable measures."
We recognize, of course, that there are
S 6383
areas of many less developed countries in
which poverty, poor sanitation, illiteracy
and insufficient access to health care and
advice introduce certain health risks. It is
readily accepted that breast-feeding should
b' particularly encouraged in such areas.
Ire this respect, our formal policy is de-
signed to avoid discouragement of ~breast-
feeding while encouraging the safe and ap-
propriate use of our infant formulas. We
carefully monitor the observance of these
policies, and where violations have been
found however small-they have been
swiftly corrected.
The WHO's proposed code contains many
unwarranted restrictions and prohibitions
bhat are unconstitutional, and it represents
a dangerous precedent. Such arbitrary and
supra-national attempts to regulate com-
merce wi12 be dignified and encouraged un-
less concerned individuals and governments
voice their objections now.
We believe that the United States should
vote "no" on ~trie proposed code.
Mr. HAYAKAWA. Mr. President, I be-
lieve it is not understood well "'enough
that in many undeveloped countries, as
among the poor throughout the world,
babies are. not weaned very often until
they are 12 or 14 years old, and baby
formula very frequently enables the
mother to stay alive by relieving her of
breastfeeding at an age when in more
plentiful societies breastfeeding stops
before the. age of 2 and this supplement
is for the mother's sake no less than for
the baby's and this fact is frequently
overlooked in this discussion.
I thank the Chair.
Mr. DURENBERGER. Mr. President,
I. yield to my colleague and cosponsor,
the Senator from Vermont, if he is pre-
pared.
The PRESIDING OFFICER (Mr.
CHAFEE). The Senator from Vermont iS
recognized.
Mr. PERCY. Mr. President, I wonder
if the Senator will yield for just a com-
ment on procedure that we might follow
now?~
Mr. LEAHY. Mr. President, I am hap-
py to yield to the Senator.
ORDER OS PROCEDURE
Mr. PERCY. Mr. President, it js my
understanding that it will require about
an hour and a half to complete the nec-
essary speeches that Senators may wish
to make on the pending amendment.
It is, therefore, the suggestion of the
floor managers of the bill that we tem-
porarily set this amendment aside, take
up all other noncontroversial amend-
ments that can be disposed of. It is the
understanding of the floor managers that
? there is an unbreakable engagement that
will involve half of the Senate. There-
fore, we will dispose of all amendments
tonight other than the pending amend-
ment. The Foreign Relations Committee
is in session tomorrow on the Israeli at-
tack on the Iraqi reactor. That will in-
volve every member of the Foreign Rela-
tions Committee from 10 to 12 and then
from 2 p.m. forward.
It is my suggestion to the majority
and minority leaders that we then set
aside the period from 12 noon to 2 pan.
for the disposal of the pending infant
formula amendment and then final pass-
age of the bill.
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I have to check with our respective
majority and minority leaders on that,
but if that appears feasible, because there
is no chance to finish the debate tonight
on the infant formula amendment, I
will ask that those who are offering that
amendment set that aside so that we may
take up next the Roth amendment, a
Simpson amendment, a Pell amendment,
and a Helms amendment in that se-
quence.
Mr. DURENBERGER. Mr. President,
if the Senator will yield, I can speak
for this side and I know of no other
Senator who has indicated a desire to
speak on the issue, although there may
be. some on this side.
The Senator from Vermont may have
others who wish to speak on the issue.
Mr. LEAHY. Mr. President, I advise
the distinguished chairman of the For-
eign Relations Committee, the manager
of the bill, that I wish very much to have
the matter handled expeditiously.
I had assumed earlier this afternoon
that we had a resolution which. could
have gone through at that point and
when we sought recognition to call it up,
I discovered at the time I sought recogni-
tion to call it up that that was not the
case and that there were objections to
the original resolution.
Sinee then I have worked with the dis-
tinguished Senator from Minnesota and
'the distinguished Senator from Kansas
(Mr. DOLE) in an attempt to work out a
resolution which we can agree to and the
resolution that the Senator from Min-
nesota and I have before the Senate now
is one we can agree to.
The only problem with that is that it
changed some parts which I like to think
are not material. If it did change some
parts of the original resolution, there
were a number of Senators who asked to
be able to speak on the subject. I cannot.
give an accurate count of how many or
how long they wish to speak on it before
we bring it to a vote. Knowing the time
schedule that we have here, there are
enough of them so we could not bring a
vote tonight:
So the suggestion of the distinguished
Senator from Illinois-=this is the long
way around answering it-is probably a
very good one.
I wonder if we might do this, if the
Senator -from rilinois could hold for a
moment for one housekeeping thing. I
know the Senator from Minnesota has
a list of cosponsors he wished to put in
the resolution. I now have a list of co-
sponsors that I did not have prepared
when I was sending it in.
I wonder, before either one of us for-
get, if we could ask unanimous consent
first the Senator from Minnesota and
then myself be allowed to Put our list
of cosponsors in and then work out this
problem that_ the Senator from rilinois
has.
Mr, DURENBERGER: Mr. President,
I ask unanimous consent that Senators
DANFORTH, HATFIELD, ANDREWS, CHAFEE,
D'AMATO, GORTON, and COHEN be added
as cosponsors to the amendment.
The PRESIDING OF'F'ICER. Without
objection, it is so ordered.
Mr. LEAHY. Mr. President, I ask
unanimous consent that,Senators BAU-
CONGRESSIONAL RECORD--SENATE June 17', 1981
CUS, BENTSEN, BIDEN, BRADLEY', BUMPERS,
CRANSTON, DODD, HUDDLESTDN, INOUYE,
LEVIN, KENNEDY, METZENBAUM, MITCHELL,
PELL, PRYOR, PROXMIRE, TSO1!IGAS, WIL-
LIAMS, ZoRIN$KY, and RIEGLEi be added
as cosponsors.
The PRESIDING OF'F'ICER. Without
objection, it is so ordered. -
Mr. DURENBERGER. Mr. President,
will the Senator yield?
Mr. LEAHY. I yield.
Mr. DURENBERGER. Mr. President,
I ask unanimous consent that Senator
RoTx be added as a cosponsor of the
amendment.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. DURENBERGER. Mr. President,
might I ask the Senator from Vermont
if he knows of any good reason why we
could not accept this amendment to-
night, since he indicates he does not
have any specific indication of anyone
who wishes to speak to the bill?
Mr. LEAHY. I do have a number, and
I add simply, as the Senator from rili-
nois has alluded to, some of the schedul-
ing problems we now face. I do know of
at least three Senators who wash to speak
as well as myself. I have assured them
that they could speak. I have at least
two Senators .who asked me if I would
request a roilcall vote, and I know some
have already left, quite frankly. So I
think that maybe the suggestion of the
Senator from Illinois is a very good one.
I wonder if we might ask for the yeas
and nays on the resolution now, and I
ask for the yeas and nays on the resolu-
tion.
The PRESIDING OF'F'ICER. Is there
a sufficient second? There is a sufficient
second.
The yeas and nays were ordered.
Mr. LEAHY. Mr. President, I wonder
if the managers of the bill will mind if
I proceed for a few minutes, and then,
provided the Senator from Minnesota
does not object, I would be happy to have
this matter laid aside and b~?ought back
up again at an appropriate t;ime tomor-
row.
Mr. BAKER. Mr. President, will the
Senator yield tome for a moment?
Mr. LEAHY. I am happy i;o yield.
Mr. BAKER. Mr. President, let me
make an inquiry, if I may, of the dis-
tinguished manager of the bill, the chair-
man of the Foreign Relations Commit-
tee, and the rarilcing minority member,
as to what other amendments they know
of to this bill and what estimates they
can give me on how long it .may take to
complete the bill other than the amend-
ment that has now been offered or the
resolution that has now been offered by
the Senator from Vermont.
Mr. PERCY, Mr. President, to the best
of my knowledge there are two. Roth
amendments that can be disposed of in 2
minutes. There is a Helms amendment
that can be disposed of in probably 5
minutes. I want that checked, but I think
it could be done. And there is a Pell
amendment that could be disposed of in
1 minute. There is a Simpson amend-
ment that could be disposed of in 2
minutes.
So if we could get underway immedi-
ately on these amendments, we would
then be able to be completed with this
phase of it by 5:30 p.m. I renew my sug-
gestion now to the majority and minority
leaders that because of the hearings to-
morrow from 9 a.m. to 12 and 2 p.m. to
ad infinitum on the Israeli attack on the
Iraqi reactor, I hope that the floor man-
agers of the bill could be here from 12 to
2 p.m. and that we could enter into a
unanimous-consent agreement that no
other amendments would be accepted,
with the time reserved for discussion of
11/2 hours on the infant formula amend-
ment, that it would be voted on at that
time, followed immediately by final pas-
sage of the State Department authoriza-
tion bill.
Mr. BAKER. Mr. President, if the Sen-
ator will permit me then, I would like to
suggest that the Senator from Vermont
might agree that we could temporarily
lay aside his resolution and proceed to
some of those amendments or resolutions
that have been identified now by the
manager of the bill on this side. While
we are doing that I will check our cloak-
room to identify any other amendments
that may be in the wings and in the of-
fing, and if the minority leader would
care to do the same, I am perfectly
agreeable in a few minutes to see if we
can get aunanimous-consent agreement
to provide for a time certain to debate
the resolution tomorrow and for a time
certain for a vote on final passage of this
bill, and provide that no other amend-
ment will be in order except those that
we sequence and consider tonight.
Mr. LEAHY. Mr. President, reserving
the right to object-
Mr. BAKER. I have'not made the re-
quest, but what I am saying is I am will-
ing to do that if the Senator is willing to
lay aside his resolution temporarily so
that we can proceed.
Mr. LEAHY. Mr. President, if the dis-
tinguished minority leader does not
mind, there has been a lot of discussion
on this resolution this afternoon, and I
wonder if I might be able to proceed for
just a few minutes so that it will be in
the record and at least give my position
on the resolution?
Mr. PERCY, The Senator from Illinois
has stated that he has no deadline to-
night at all. I am available until mid-
night, but I understand half of the Sen-
ate has other engagements that begin at
5:30. If the Senator from Vermont will
continue from now until 5:15 then the
floor managers could dispose of all other
amendments by 5:30 and we would be
prepared, if the majority and minority
leaders see fit, to set a time certain for
debate and then vote on the infantfor-
mula amendment and final passage to-
morrow. We would be prepared to wrap
up our business tonight.
Mr. DURENBERGER. Mr. President,
will the Senator yield for SO seconds?
The PRESIDING OFT'ICER. The Sen-
ator from Minnesota has the floor.
Mr. DURENBERGER. Mr. President,
I ask unanimous consent that the name
of the Senator from Maryland (Mr.~
MATHIAS) be added as a cosponsor of this_
amendment.
The PRESIDING OF'F~ICER. Without
objection, it is so ordered. ;
Mr, DURENBERGER. Mr. President,
have we reached an agreement relative
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to the introduction of other amend-
ments? Iwas willing to yield to the Sen-
ator from Vermont so that he could
make his statement at this point.
Mr. LEAHY. The distinguished ma-
jority leader has advised me that he has
some further scheduling problems. But
what I would suggest is that my imme-
diate problem would be taken care of
if at some point here this evening I could
have 5 or 6 minutes to discuss the reso-
lution that I helped draft and then we
can always set this aside temporarily
and leave it to everybody who wants to
discuss it to discuss it tomorrow during
whatever time it takes prior to the vote,
and I am perfectly willing to hold off
for a relatively short period until I do
speak.
Mr. BAKER. Mr. President, I do not
want to urge the Senator from Vermont
to forfeit any rights, but I really do
believe it would expedite this whole pro-
ceeding if the Senator from Vermont
would agree to lay this resolution aside
momentarily and let us go to a few other
things. I can assure him that at some
point during the course of the remainder'
of this day we will return to his resolu-
tion. In the time we are disposilig of
other matters I think the cloakrooms on
both sides will see if we can get the
unanimous-consent agreement we have
just described. Altogether I think it
would expedite the proceedings of the
Senate, so I hope the Senator from Ver-
mont will permit that.
Mr. LEAHY. With the assurances of
my good friend from Tennessee that I
will have a chance to speak this evening,
and that there will be no unanimous-
consent agreement entered into without
my being on the floor, I would be per-
fectly happy to step aside and let some-
body else bring up their matters.
The PRESIDING OFFICER. The Sen-
ator from Tennessee.
Mr. BAKER. Mr. President, is the res-
olution of the Senator from Vermont
note pending before the Senate?
The PRESIDING OFFICER. The Sen-
ator's amendment is now the pending
business.
Mr. BAKER. Mr. President, I ask
unanimous consent that it be laid aside
temporarily with the understanding
that before the conclusion of the day
today that his amendment-is it an
amendment?
The PRESIDING OFFICER. It is an
amendment.
Mr. BAKER. The amendment will
once more be laid before the Senate.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. PERCY. Mr. President, at this time
I yield to Senator Roxx for the purpose
of offering amendments. Will the Senator
be offering the amendments en bloc?
Mr. ROTH. We can do that. I think in
the interest of time I will do that.
IIP AMENDMENT NO. 363
(Purpose: To facilitate investment of certain
amounts received by the Japan-United
States Friendship Commission)
Mr. ROTH. Mr. President, I send two
amendments to the desk. The first
.,amendment I offer on behalf of the
distinguished Senator from Hawaii (Mr.
INOUYE) as well as myself.
The PRESIDING OFFICER. The clerk
will report the amendment.
The legislative clerk read as follows:
The Senator from Delaware (Mr. RoTx),
for himself and Mr. INOIIYE, proposes an un-
printed amendment numbered 163.
Mr. ROTH. Mr. President, I ask unani-
mous consent that further reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
At the bottom of page 28, add the
following:
JAPAN-IINITED STATES FRIENDSHIP COMMLSSION
SEC. 502. (a) Section 6(4) of the Japan-
United States Friendship Act is amended by
striking out "and not to exceed 5 per centum
annually of the principal of the Fund" and
inserting. in lieu thereof a comma attd the
following: "any amount of the contributions
deposited 1n the Fund from nonappropriated
sources pursuant to paragraph (2) or (3) of
this section, and not to exceed 5 per centum
annually of the principal of the total amount
appropriated to the Fund".
(b) Section 7(e) of such Act is amended by
inserting after "amounts received" the fol-
lowing: "(including amounts earned as in-
terest on, and proceeds from the sale or re-
demption of, obligations purchased with
amounts received) ".
The PRESIDING OFFICER. Is the
Senator seeking to have the amendments
considered en bloc?
Mr. BOTH. Yes.
Mr. President, my distinguished col-
league from Hawaii (Mr. INOUYE) and I
ask unanimous consent far an amend-
ment, which I understand has been
cleared on both sides of the aisle. That
would permit the full utilization by the
Japan-United States Friendship Com-
mission of a generous $2 million gift
from the Government of Japan. During
his visit to the Capitol last month, prime
Minister Suzuki presented this gift to
the Commission, which was established
by the Congress in 1975 to promote mu-
tual understanding between our two
countries, with the explicit understand-
ing that it would be expended at the rate
of $500,000 per year for at least 4 years.
The Friendship Commission Act ex-
plicitly invests authority in the Com-
mission for the expenditure of gifts and
donations outside of the appropriations
process.
The act is, however, silent on the ques-
tion of earnings on donated funds. Our
amendment would correct this drafting
oversight by allowing the Commission to
place the Japanese gift in the general
fund where it could accumulate interest
earnings for a fifth year of programs.
To enable the Commission to meet its
obligation to expend the gift at the rate
of $500,000 per year, and in response to
the generous spirit with which the gift
was given, our amendment also exempts
the gift from the 5 percent of principal
annual expenditure ceiling, and from
the appropriation process. With regard
to the latter exemption, the Congress, of
course, has every right to expect ~an an-
nual full report on the Commission's ac-
tivities and programs, regardless of the
funding source.
The purpose of this amendment 7s to
permit full utilization by the Japan-
United States Friendship Commission of
S 638
a generous $2 million gift Prom the Gov-
ernment of Japan. What we seek to do
by this amendment is to provide unques-
tionable authority for the Commission to
invest the principal pf the gift in the ex-
isting trust fund and allow the Commis-
sion to expend the gift without regard to
limitations on expenditures of principal
whiL~Yl exist under current law.
This has been cleared with both sides
as well as with the distinguished Senator
from Connecticut (Mr. WEICKER), chair-
man of the Subcommittee on Appropria-
tions for the State Department.
Mr. WEICKER. Mr. President, I believe
that I share the sentiment of my col-
leagues in grateful appreciation to the
Government of Japan for its generous
contribution to the Japan-United States
Friendship Commission. It is my under-
standing that these funds are intended
to be used within the United States for
public programs promoting greater un-
derstanding of our ties and mutual in-
terests.
I wish to commend the Senator for
taking the initiative to clarify a situa-
tion in the law with respect to the Com-
mission's authority to invest the Jap-
anese donation and provide for the ex-
penditure of this gift in a Prudent man-
ner. It is my understanding that the
amendment is necessary in order to
provide unquestionable authority for the
Commission to invest the principal of
the gift in the existing Trust Fund and
allow the Commission to expend the gift
without regard to the limitation on ex-
penditure of principal which exists under
current law. Is that correct?
Mr. ROTH. The Senator from Con-
necticut is correct. A clarification is
needed because existing law does not
explicitly provide the Commission au-
thority to expend the principal amount
of donations which may be deposited in
the Japan-United States Friendship
Trust Fund. -The law does provide au-
thority to expend gifts without regard
to limitations on the expenditure of
trust fund moneys; however, the law is
unclear with respect to gifts deposited
in the trust fund to earn interest.
However, the Commission also wishes
to be able to draw upon the principal of
the gift without regard to the limitation
on expenditure of trust fund moneys.
This will allow the Commission to ex-
pend approximately $500,000 each year
for the next 4 years on programs in the
United States supported by this gift
from the Japanese.
Mr. WEICKER. Thank you. I have one
last question. It is my understanding that
the principal and interest from this gift
will be able to be expended without ap-
proval of the Appropriations Commit-
tees: However, we would expect the
Commission to include in its report to
the Congress each year details on the
manner in which these funds are spent.
Does the Senator agree that this matter
should be included in the Commission's
report?
Mr. BOTH. I agree fully with the Sen-
ator that the Commission should include
a report on all of its activities to the
Congress, including those financed
through donations.
Mr. WEICKER. I thank the Senator.
From the standpoint of the Committee
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CONGRESSIONAL RECORD-SENATE June 17, 1981
on Appropriations, we would have grave
concerns regarding the use of tmappro-
priated Federal funds if the activity
supported by these funds carried with
it any sort of implication of future obli-
gation or Iiability on the part of the
U.S. Government.
Mr. ROTH. I understand the concern
expressed by the Senator from Connects-.
cut and agree that the amendment in'no
way authorizes the Commission to un-
dertake programs which may result in
,an obligation which must be supported
by appropriated funds.
VP AMENDMENT NO. 164
(Purpose: To require each chief of diplo-
matic mission of the United States to
promote United States exports )
Mr. ROTH. Mr. President, I send the
second amendment to the desk and ask
for its immediate consideration.
The PRESIDING OFFICER. The clerk
will report the amendment.
The legislative clerk read as follows:
The Senator from Delaware (Mr. Roxa),
on behalf of himself, Mr. SASSER, Mr. FELL,
and Mr. CIiAFEE, proposes an unprinted
amendment numbered 164.
Mr. ROTH. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
On page 15, between lines 13 and 14, in-
sert the following:
DIITIES OF CHIEF OF MLSSION
SEC. 117. (a) Each chief of diplomatic mis-
sion of the United States 1n a foreign coun-
try shall have as a principal duty the promo-
tion of United States goods and services for
export to such country.
(b) For purposes of subsection (a), the
term "chief of diplomatic mission" has the
same meaning as given to the term "chief of
mission" in section 102 (a) (3) of the For-
eign Service Act of 1980.
Mr. ROTH. Mr. President, on behalf
of Senator SASSER, Senator FELL, Senator
CHAFEE, and myself, I rise to offer printed
amendment No. 71 to S. 1193, the De-
partment of State authorization for fis-
cal Years 1982 and 1983. This amendment
would add a new section to the author-
ization bill, citing the promotion of U.S.
goods and services overseas as one of the
prime functions of our Ambassadors and
other high-level official representatives
in foreign countries.
Mr. President, right now, the United
States is 'facing a serious challenge in
the international marketplace. U.S. pro-
ducers of goods and services are suffer-
ing ever-increasing competition at home
and abroad. They are losing the competi-
tive contest in manufacturing trade.
We see the effects everywhere of our
inability to compete. Here at home, for-
eign producers are taking a growing
share of the market in steel. autos, fab-
ricatedmetals, and other products tradi-
tionally supplied by U.S. firms. Overseas,
our share of the global market for man-
ufactured goods has been cut in half
over the last 25 years. We now supply
only 12 percent of the world's manufac-
tured products; and this. at a time when
markets in Latin America and around
the rim of Asia.are growing at astound-
ing rates. '
Our cumulative trade deficit Brows
larger and larger each year. In 1980, the
United States witnessed a $25 billion def-
icit in our merchandise trade account.
This year has seen some progress, but the
overall outlook is still not good. Mare
to the point, however, rather than meas-
uring the ebb and flow of au.r merchan-
dise trade deficit, we should be seeing
surpluses.
Our workers, factories, firms, indeed
entire industries, should enjoy surpluses
in our balance of trade.
While the President's economic recov-
ery program will go a long way to restore
our economic health and the long-term
security for U.S. labor, I believe more
must be. done in the international field
to promote trade.
All of us have a stake ir1 expanding
exports. All of us in business, govern-
ment, and labor must pitch in to restore
domestic economic growth,viternational
trading strength, and job opportunities.
Concentrating on Government for a
moment, I believe all branches can help.
Isere in Congress, LLOYD BE.NTSEN and I
have formed a 73-member Senate Export
-Caucus. We have banded together to
support trade-expanding legislation; to
work with the executive branch in
charting and achieving our export goals;
and to spread the word generally on the
benefits to labor and management of in-
creased export activity.
In the executive branch, all agenr
ties-Commerce, the U.S. Trade Repre-
sentative, Agriculture, and others-
should make the greatest possible effort
to discover trade opportunities and fa-
cilitate U.S. firms' ability to compete
internationally.
Mr. President, in light of this, I be-
lieve the State Department and its over-
seas representatives can do much to im-
prove our competitive picture. While
Reorganization Plan No. 3 of 1979 trans-
ferred responsibility for our overseas
commercial representation to the De-
partment of Commerce-and I enthu-
siastically support that transfer-I be-
lieve export promotion should also be
pursued at the highest levels of our over-
seas diplomatic missions. Put simply,
our ambassadors-our chiefs of diplo-
matic missions-should make trade ex-
pansion an important element of their
own portfolios. ,
Recently, a majority of the Senate Ex-
port Caucus wrote to President Reagan
with that suggestion. We requested that
he instruct Ambassadors and Embassy
staffs to become aggressive marketers of
U.S. goods .and services. As R~ stated in
our letter, we should consider our Am-
bassador's ability and success in encour-
aging foreign purchases of U.S. products
as important criteria in judging their
performance in the field. Moreover, as I
wrote in a similar letter to the Secretary
of State:
Our Embassies can make a valuable con-
tribution, as well, by taking every opportu-
nity to press for host country consideration
and purchases of U.S. products.
Mr. President, the amendment we are
offering today would cement this concept
that trade promotion should be pursued
at the highest levels of our overseas mis-
sions. It would place the Senate firmly
on record as saying that every effort
should be made to improve our footing
in the international field.
Mr. President, I urge my colleagues to
support this amendment. Now i.S the time
to get everyone-including our Ambas-
sadors and other chiefs of mission-into
the international trade race. The longer
we wait, the more we will slip in the ex-
port competitiveness ratings.
Mr. President, I also ask unanimous
consent that the text of the Senate Ex-
port Caucus letter to the President be
printed in the RECORD.
There being no objection, the letter
was ordered to be printed in the RECORD,
ass follows:
U.S. $ENATF.,
Washington, D.C? May 14,1981.
THE PRESIDENT,
The White House,
Washington, D.C.
DEAR MR. PREfiIDENT: Tll@ t7nlted $tatefi 1S
facing one of the greatest challenges in its
international economic history. We are los-
ing our competitive preeminence and our
world leadership role in the trade of manu-
Sactured goods. As a result, we are forfeiting
numerous overseas and domestic sales op-
portunities, our foreign market share and
employment possibilities in the United
States. All sectors-business, labor, consum-
ers and government-have much to gain in
reversing this decline and restoring our ex-
port competitiveness and domestic growth
capabilities. All Executive Branch agencies,
the Department of State and its represent-
atives abroad, in particular, have a vital role
to play in this trade expansion effort.
In ligiht of our critical need to increase ex-
ports, we !n the Senate Export Caucus be-
lieve we should institute an important cri-
teria by which to judge cur Ambassadors and
.Embassy staffs their ability and success in
encouraging foreign purchases of U.S. prod-
acts.. All overseas representatives should in-
clude this export expansion responsibility as
a major element of their portfolios. The Ex-
port Caucus would therefore request that
our Ambassadors be instructed to make trade
expansion a top priority oP their Embassies.
Many in the Senate have devoted much of
their efforts to improving the evnironmerit
for U.S. firms seeking to sell overseas. Our
Embassies can make a valuable contribution,
as well, by taking every opportunity to press
for host country consideration and purchases
of U.S. products. Much as the President o1
France actively promotes the sale of Airbus
aircraft, our Ambassadors should direct their
efforts toward strengthening the U.S. balance
of trade and hence our international nrr-
dominance.
Through cooperation among business, labor
and government at all levels, here and
abroad, we can regain international trade
health, which is an important component of
our economic recovery. We must have the as-
sistance and" dynamism of our diplomatic
corps in the field, however, if we are to be
successful in our export endeavors.
Sincerely,
Lloyd Bentsen, Co-Chairman, Senate Ex-
port daucus; .Jennings Randolph,
Barry Goldwater, Thad Cochran, Roger
W. Jepsen, David Durenberger, John
H. Chafee, William V. Roth, Jr., Co-
chairman, Senate Export Caucus; Er-
nest F. Ho111nQs, Daniel K. Inouye, Max
Baucus, Steven D. Symms, Larry Pres-
~ler, Mack Mattingly, Lawton Chiles,
Richard G. Lugar, David Pryor, Charles
H. Percy, S. I. Hayakawa, Alan J.
Dixon, Howard Cannon, Mark O. Hat-
field, Jesse Helms;
Carl Levin, William S. Cohen, Dan
Quayle, John Heinz, John C. Danforth.
Bob Kasten, J. James Exon, Paul`
Tsongas, Edward M. Kennedy, Wendelri
H. Ford, Frank H. Murkowski, Howell
Heflin, Strom Thurmond, John
Stennis, Sam Nunn, Lowell WeiCker,v
Mark Andrews, George .J. Mitchell,
Harrison "Jack" Schmitt, Orrin G.
Hatch, Donald Riegie, Daniel Patrick
Moynihan, Howard M. Metzenbaum.
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J2~ne 17, 1981 CONGRESSIONAL RECORD-SENATE
Mr. ROTH. This amendment would
add a new section to the authorization
bill assigning the promotion of U.S. goods
and services overseas as one of the prin-
cipal functions of our ambassadors and
other high-level official representatives
in foreign countries.
I think we are in agreement in this
body that it is important that we do
everything possible to promote the ex-
port of American-made goods. What this
amendment would do is to make that
a requirement for our diplomatic repre-
sentatives abroad.
I yield the floor.
Mr. PERCY addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from rilinois.
Mr. PERCY. Mr. President, first I
should like to simply congratulate Sen-
ator RoTx on the role that he has played
in accepting from Prime Minister Suzuki
a $2 million contribution to the United
States-Japan mission and for his amend-
ment that facilitates that gift.
The Japanese Government and the
Japanese people have extended them-
,selves in any number of ways to demon-
strate their friendship to this country.
Their gift of $3 million to the John
F. Kennedy Center for the theater was
a magnificent gesture of friendship. This
particular gift is also extraordinarily
generous and is greatly appreciated.
The purpose of the Japanese contri-
button is to expand cultural communica-
- tions in public affairs programs on Ja-
pan in the United States in an effort to
enhance U.S..public understanding of
the Japanese people and their great cul-
ture.
Having learned a good deal about the
Japanese culture over a period of three
decades now in visiting Japan, both in
the private sector and public sector, and
having developed so many close friends
within the Japanese Government and its
citizenry, as has Senator Roxx, I com-
mend again Senator Roxx for the role
that he has played in this connection.
With respect to the duty of our mis-
sions abroad, certainly the chief of our
diplomatic mission should have a-major
role in the promotion of U.S. goods and
services for export to the countries that
they represent the United States in.
I introduced legislation several years
ago to create afull-time Under Secretary
of State for Economic Affairs because
we were not paying the same kind of
attention to economic affairs and e:iport
matters that other countries were.
Efforts being made by the distin-
guished chairman of the Government
Affairs Committee to put emphasis on
exports strengthens this Nation.,
strengthens our economy, and strength-
ens our role in the world. Certainly we
hope that the State Department under-
stands fully our feeling that they have
a duty and a responsibility in this regard
that is coequal, in a sense, with their
political responsibilities.
Promoting trade is an underpinning
of a strength of this country. It is a
strong part of the economic recovery
program of the Reagan administration.
I fully support this amendment and urge
adoption of both amendments.
Mr. PELL addressed the Chair,
The PRESIDING OFFICER. The Sen-
ator from Rhode Island.
Mr. PELL. Mr. President, I think both
amendments have great merit. I am par-
ticularly glad to be a cosponsor of the
one that encourages our ambassadors to
take the responsibility for exports.
I commend these amendments to our
colleagues.
Mr. ROTH addressed the Chair.
The PRESIDING OFFICER. The Sen-
ator from Delaware.
Mr. ROTH. Mr. President, I move the
adoption en bloc of the two amendments
offered by me.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ments of the Senator from Delaware.
The amendments (UP amendment No.
163 and UP amendment No. 164> were
agreed to.
Mr. ROTH. Mr. President, 'I move to
reconsider the vote by which the amend-
ments were agreed to.
Mr. McCLURE. I move to lay that mo-
tion on the table.
The motion to lay on the table was
agreed to.
VP AMENDMENT NO. 185
(Purpose: To remove provisions dealing with
visa waiver)
Mr. SIMPSON. Mr. President, I send
to the desk an amendment and ask for
'its immediate consideration.
The PRESIDING OFFICER. The clerk
will report.
The legislative clerk read as follows:
The Senator from Wyoming (Mr. S1MP-
soN) for himself and DYr. THVRMOND, ~pro-
poses an unprinted amendment numbered
lss.
Mr. SIMPSON. Mr. President, I ask
unanimous consent that further reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
Beginning on page 8 strike out all that
appears after line 7 down through and in-
cluding line 10 on page 11.
Mr. SIMPSON. Mr. President, this
amendment would delete the provision
which would amend the Immigration
and Nationality Act in order to waive
visas for nonimmigrants entering the
United States from certain countries.
As chairman of the Subcommittee on
Immigration and Refugee Policy, of the
Committee on the Judiciary, I have be-
come acutely and even painfully aware
of the serious difficulties this Nation
faces in enforcing its immigration laws.
Our immigration problems are com-
plex and interrelated and cannot be
easily resolved with any single solution.
Improvements, therefore, in this area
might well be best realized through com-
prehensive reform measures which wiA
increase enforcement efficiently while
addressing the root causes of illegal im-
migration. We have learned that illegal
immigration to this country results not
only from surreptitious entry across our
borders, but increasingly it results from
the nonimmigrants who enter with legal
documents and then simply overstay
their visas.
So we intend, Mr. President, to fully
examine the merits of the visa waiver
~ 6387
provision within the context of a very
comprehensive overhaul of immigration
laws and with new immigration reforms.
In this regard, I have discussed the pro-
visions with officials, the White House
and Department of State and notified
them of my intent to review this thor-
oughly during the course of hearings by
the Subcommithtee on Immigration and
Refugee Policy and I assure you will be
of every assistance in shepherding its
passage.
Mr. President, I understand the chair-
man of the Foreign Relations Committee
has, along with his staff, reviewed the
amendment and is prepared to accept it.
Mr. PERCY. Mr. President, that is
correct. I believe both managers of the
bill are prepared to accept it and I move
its adoption.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment of
the Senator from Wyoming.
The amendment (UP No. 165) was
agreed to.
Mr. SIMPSON. Mr. President, I move
to reconsider the vote by which the
amendment was agreed to.
Mr. PERCY. I move to lay that motion
on the table.
The motion to lay on the table was
agreed to.
Mr. SIMPSON. Mr. President, I thank
the chairman of the Foreign Relations
Committee.
Mr. PERCY. Mr. President, the ranking
minority member and floor manager of
the bill will offer an amendment on be-
half of himself and myself.
TTP AMENDMENT NO. 188
Mr. PELL. Mr. President, I send an
amendment to the desk and ask for its
immediate consideration.
The PRESIDING OFFICER. The clbrk
will report.
The legislative clerk read as follows:
The Senator from Rhode Island (Mr. FELL) ,
for himself and Mr. PERCY, proposes an un-
printed amendment numbered 166.
Mr. PELL. Mr. President, I ask unani-
mous consent that further reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
Page 24, strike out lines 1 through 15 and
insert in lieu thereof the following new sec-
tion:
MEMBERSHIP OF THE RFE/RL BOARD AND THE
BIB
SEC. 904. (a) The Board for International
Broadcasting Act of 1973 is amended by add-
ing at the end thereof the following new sec-
tion:
"MERGER OF THE BOARD FOR INTERNATIONAL
SftOADCASTING AND THE RFE/RL BOARD
"SEC. il. (a) Effective January 1, 1982, no
grant may be made under this Act to RFE/
RL, Incorporated, unless the certificate of
Incorporation of RFE/RL, Incorporated, has
been amended to provide that-
"(1) the Board of Directors of RFEIRL,
Incorporated, shall consist of the members
oY the Board for International Broadcasting
and of no other members; and
"(2) such Board of Directors shall make
all major policy determinations governing
tha operation of RFE/RL, Incorporated, and
shall appoint and fix the compensation of
such managerial officers and employees of
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RFE/RL, Incorporated, as it deems neces-
sary to carry out the purposes of this Act.
"(b) Compliance with the requirement of
paragraph (1) of subsection (a) shall not be
construed to make RFE/RL, Incorporated, a
Federal agency or instrumentality.".
(b) (1) Section S(b) {1) of such Act is
amended to read as follows:
"(b) (i) riOMPOSITION OF BOARD.-The
Board shall consist of ten members, one of
whom shall be an ex officio member. The
President shall appoint, by and with the ad-
vice and consent of the Senate, nine voting
members, one of whom he shall, designate as
chairman. Not more than &ve of the mem-
bers of the Board appointed by the President
shall be of the same political party. The
chief operating executive of RFE/RL, Incor-
porated, shall be an ex officio member of the
Board and shall participate in the activities
of the Board, but shall not vote in the de-
terminations of the Board".
(2) Sections 3(b) (3} and (4) of such Act
are amended to read as follows:
"(3) TERM OF OFFICE OF PRESIDENTIAIS.Y
APPOINTED MEMBERS -The term .of office of
each member of the Board appointed by the
President shall be three years, except that
the terms of office of the individuals iI11-
tially appointed as the four additional vot-
ing members of the Board who are provided
for by the Board for International Broad-
casting Authorization Act, Fiscal Years 1882
and 1983, shall be one, two, or three years
(as designated by the President at the time
of their appointment) so that the terms of
one-third of the voting members of the
Board expire. each year. The President shall
appoint, by and with the advice and consent
of the Senate, members'to fill vacancies oc-
curring prior to the expiration of a term, in
which case the members so appointed shall
serve for the remainder of such term. Any
member whose term has expired may serve
until his successor has been appointed and
qualified.
"(4) TERM OF "OFP'IOE OF Ex OFFICIO MEM-
BEa.-The ex officio member of the Board
shall serve on the Board during his or her
term of service as chief operating executive
of RFE/RL, Incorporated: '.
Mr. PELL. Mr. President, this amend-
ment is a perfecting amendment to the
committee's proposed merger of the
Board for .International Broadcasting
and the Board of RFE/RZ, Inc. The ef-
fect of this amendment is to increase the
size of the Board for International
Broadcasting from .five voting members
to nine voting members. In addition, the
chief executive officer of RFE'/RL, Inc.,
shall serve, as he dyes now, as an ex off[-
cio member of the Board for Interna-
tionaI Broadcasting.
The perfecting amendment explicitly
states that the merger of the Boards
"shall not be construed to make RFE'/
RL,? Incorporated, a Federal agency or
instrumentality." This puts in statutory
language the clear intent of the Com-
mittee not to "federalize" the radios.
It is my belief that the President
would appoint to the four positions
created by the perfecting amendment
some of the very distinguished members
of the Board of Radio Free Europe/Radio
Liberty. This Board, which includes for-
mer Ambassadors, prominent educators,
and other very accomplished individuals,
has a depth of experience and knowledge
which would greatly benefit the BIB. We
cannot, oP course, require the President
to use the new slots for this purpose, but
I strongly urge him to do so.
CONGRESSIONAL RECORD-SENATE June 17, 1981
When I originally proposed the merger
of the BIB with the Board of RFE/RL,
Inc., in 1977, the committee report in-
cluded asuggestion that t:he President
set up a Citizen's Advisory Commission
to include those members of the Board
of RFEi RL not appointed to the Board
for International Broadcasting. If the
Senate approves the merger of the two
Boards, I hope the President will again
consider this suggestion. The talent rep-
resented by the Board of RF'E/RL should
be utilized.
The PRESIDING OFFICF;R. The ques-
tion is on agreeing to the amendment of
the Senator from Rhode Island.
The amendment (UP N'o. 166) was
agreed to.
Mr. PERCY. Mr. President, I am hap-
py to yield, for the purpose of offering
an amendment which the managers of
the bill find acceptable, to the distin-
guished Senator, a member of this com-
mittee, Senator HEllvis.
The PRESIDING OFFICER. The Sen-
ator from North Carolina.
Mr. HELMS. I thank the Chair, and,
of course, I thank my distinguished
chairman.
IIP AMENDMENT NO. 167
(Purpose: To designate certain radio broad-
casts to Cuba as "Radio Free Cuba")
Mr. HELMS. Mr. President, I send an
amendment to the desk acid ask for its
immediate :consideration.
The PRESIDING OFFICER. The clerk
will report.
The legislative clerk read as follows:
The Senator from North Carolina (Mr.
FIEI.MS) proposes an unprinted amendment
No. 187.
On page 24, between lines 1;i and 16, insert
the following:
RADIO FREE C'CBA
SEC. 805. Any program o1 the United States
Government involving radio broadcasts to
Cuha for which funds are authorized to be
appropriated under this Act or any rather
Act shall be designated as "Radio Free
Cuba".
Mr. HELMS. Mr. President, the people
of Cuba yearn for freed~o?il from the
tyranny of the Castro dictatorship. They
yearn for the freedoms of speech, press,
and privacy that their American neigh-
bors enjoy. They seek freedom from the
oppression of unreasonable searches and
seizures, or detention without fair trial
?or writ of habeas corpus that are pal't of
our tradition of freedom.
Radio broadcasts. into Cuba primarily
are done by the Voice of America, which
carries Spanish language broadcasting
into all ~of Latin America,. with no spe-
cific broadcast for Cuba. Additionally,
VOA broadcasting is essentially news
programing, and so forth, and is not
geared toward telling Cubans the hard
facts about the Castro regime, the high
cost to Cuha of Castso's regime, the fail-
ures of Castro and his Communist allies,
and the alternatives of freedom and a
better life that awaits all Cubans if the
Castro regime is overthrown or removed
from office.
This amendment creates a Radio Free
Cuba in the B~aard of International
Broadcasting. Additionally, it designates
any other U.S. broadcasting into Cuba
as Radio Free Cuba as well. Radio Free
Cuba under the Board of International
Broadcasting should operate just as Ra-
dio Free Europe and Radio Liberty op-
erate in Eastern Europe and the Soviet
Union. Funding from the general funds
available to the Board of International
Broadcasting can be augmented by so-
licitations within the United States for
the activities of Radio Free Cuba-much
?as has been done with Radio Free Europe
in the past. This way, all Americans can
participate in getting out the message of
freedom to Cuba.
Mr. President, there are two wars that
can be waged: The war of words and
ideas; and the war of bullets. When a
nation loses the war oaf words and ideas,
the?war of bullets inevitably follows. As
far as Cuba is concerned, the United
States is barely contesting the tear of
words. Must we resort to a shooting war,
as a .result? In the meantime, should we
give Castro the field in the war of words,
not even contesting him?
Obviously not, and for that reason I
.urge my colleagues to support this
amendment, setting up Radio Free Cuba.
A similar a.mexlttment was included in
the State Department Authorization bill
last year, but that bill, as Senators know,
was bottled up at the end Hof the session
in the last Congress.
We should move forward with Radio
Free Cuba.
I thank the Chair and I thank the ~
distinguished managers of the bill for
their willingness to accep this amend-
ment.
Mr, President, I ask unanimous con-
sent that acne-page document entitled
VOA Broadcasting to Cuba be printed in
file RECOxn at this point.
There being Ilo objection, the docu-
ment was .ordered to be Arinted in the
RECORD, as follows: ,
VOA BROADCASTING TO CIIHA
`The addition of Spanish-language broad-
casts targeted speniflcally for a Cuban au-
dience has been suggested as a. topic for
review by the VOA and the USICA.
At this time, the Voice broadcasts. 5iiz
hours daily in Spanish to the Hemisphere, all
of which is beamed to Cuba by a medium-
wave (standard band) transmitter located
in the Florida keys, using a directional an-
tenna aimed at Cuba.
'The length of time on the air clearly is
not as important as the message communi-
cated, the information provided, the portrait
oY U;S. socketq that is delineated. The frame-
work for any Voice of America broadcast, in
any language to any country, is the VOA
Charter, which mandates the Voice to pro-
vide world news accurately, obJectively, and
comprehensively; to reflect American thought
anal institutions; and to present U.S. policies
and responsible discussion of them. Those
responsibilities preclude VOA's broadcasting
into a country as a surrogate national radio,
or unduly concentrating on subject matter
of specific concern to another country. What
VOA can do, and does, is to deal with an-
other nation's internal developments whezl~
and as `they become issues of international
significance.
How to present reports and discussions of
such developments becomes the crucial ques-
tion. For some years, VOA carried a daily
program "tailored" for Cuban listeners, cre-
ated in reaction to the Bay of Plgs debacle
in 1961. In 1974, the Nixon Administration
concluded that it would be more productiJe
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CONGRESSIONAL RECORD -SENATE n5 6389
and persuasive to incorporate the materials
carried in that program into the general flow
of programing in Spanish to the Hemisphere.
Among the program materials used in the
regular Spanish language programing in the
first half of 1980, for example, were inter-
views with Cuban political prisoners Huber
Matos and Emilio Rivero and with a broad
cross-section of Cuban refugees in Costa
Rica, Peru, Key West, Miami, Eglin Air Force
Base, Fort Chaffee, Arkansas, and Indiantown
Gap, Pennsylvania. Developments involving
Cubans in Angola and Ethiopia are reported
to Cuba, as developments in Cuba are re-
ported to Africa. News analyses, commen-
taries, editorial opinion packages, and spe-
cial reports and documentaries appear regu-
larly and oll special occasions.
Evidence through the years-the latest
coming from the recent influx of refugees-
suggests that Cuban listeners have indeed
used VOA Spanish as a chief source of infor-
mation about the outside world, about the
United States, and about developments in
and concerning their own country. It is not
the form that has been important to them,
but the substance of the broadcasts. And it
has been, from the VOA point of view, just
as important to keep the rest of the Hemi-
sphere informed regarding Cuban develop-
ments as Cuba itself. Creating a separate
broadcast "for Cubans only" would in nb
way increase the supply or avallability of
appropriate broadcast materials, but could
rather be interpreted as a special propa-
ganda campaign, less credible and even dis-
missable.
June 1980.
Mr. HELMS. Mr. President, I move
adoption of the amendment.
The PRESIDING OFFICER. The Sen-
ator from Rhode Island.
Mr. PELL. Mr. President, I reluctantly
acquiesce in the adoption of the amend-
ment. I am concerned that one effect of
this amendment would be to require the
-Voice of America, whose mission is to tell
the world about America, to be relabeled
Radio Free Cuba. The Voice of America
is the voice of our country and should
not be disguised under any other label.
I hope the Senate understands that
this amendment does not set up an en-
tity like Radio Free Europe or Radio
Liberty. By relabeling present U.S. Gov-
ernment broadcasta, I hope this amend-
ment will not have the effect of under-
mining. the objectivity or straightfor-
wardness of the Voice of America.
The PRESIDING OFFICER. The ques-
tion is on agreeing to the amendment.
Without objection, the amendment is
agreed to.
The amendment (UP No. 167) - tvas
agreed to.
Mr. HELMS. I thank the distinguished
managers of the bill.
The PRESIDING OFFICER. The Sen-
ator from Vermont.
VP AMENDMENT NO. 162 -
Mr. LEAHY. Mr. President, earlier this
afternoon, the Senator from Minnesota
and I offered an amendment on infant
formula. I would like to speak to that for
a few minutes.
The persistence of widespread hunger
and malnutrition in the world continues
to be one of the most awesome challenges
confronting humanity. Hunger has many
faces, but is perhaps most tragic when it
strikes at the lives of children.
Over 200 million young children are
chronically malnourished, and each year
more than it million children die before
reaching their first birthday.
Less well known is the fact that each
year as many as 10 million infants in
developing countries suffer acutely from
the effects of bottle feeding under poverty
conditions.
Mother's milk provides all of the essen-
tial nutrients required for infant health,
as well as a range of natural anti-infec-
tive properties. It is the optimal means
of feeding for all infants for at least the
first 4 to 6 months. When mothers have
ready access to clean water, refrigeration
and modern stoves, are able to read for-
mula labels and mixing instructions, and
have sufkcient incomes to be able to mix
formula full strength, feeding with for-
mula can be a viable alternative to
breastfeeding.
.But in most areas of developing coun-
tries, infant formula use has been shown
to be extremely hazardous. Dr. Halfdan
Mahler, director-general of WHO (World
Health Organization) ,has said:
Evidence Prom the Third World indicates
that infants breastfed for less than B months,
or not at all, have a mortality 5 to 10 times
higher in the second B months of life than
those breastfed for 8 months or more.
Modernization and urbanization are
among the major causes of declining
breastfeeding and increased bottle feed-
ing. Another important, and relatively
more controllable, cause has been the
vigorous advertising and promotional
campaigns undertaken by formula manu-
facturers.
Billboards, posters, calendars, and
baby books have been used to promote
formula use. Milk nurses or mathercraft
workers, often dressed to resemble nurses,
have visited mothers in maternity wards,
in clinics and in homes, offering free
samples Hof formula. Once interrupted,
the process of lactation can be extremely
difficult to reestablish.
James Grant, executive director of
UNICEF, has highlighted the importance
of countercyclical measures to protect
breastfeeding:
In the crucial Srst few months of life,
breastfeeding is usuallp the young child's
lifeline. And the recent drift towards the
bottle feeding of babies, a' drift for which the
industrailized world has provided both the
example and the means, has cost tens of
thousands of young lives.
Sadly, therefore, advertising the fact that
breast milk is best is now also a necessary
step in improving child health.
In part, the campaign for breastfeeding
must also be a campaign to regulate those
wrio promote and sell commercial infant for-
mula to mothers who do not need it, and are
unable to safely use it.
No one argues seriously that infant
formula should be withdrawn from the
marketplace. A small percentage of
women are physiologically incapable of
breastfeeding; for their children, formu-
la can be lifesaving. All mothers, of
course, should be able to make the?r, own
choices about infant feeding practices.
Mothers should be able to make in-
formed choices, however, with full
knowledge as to the benefits of breast-
feeding and the potential health posed
by bottle feeding.
Mr. President, as we all know, the
United States cast the lone negative vote
against the World Health Organization's
International Code of Marketing Breast-
milk Substitutes. The vote was 118 to 1.
This code, while it will have the sanction
of world public opinion, is nonbinding
and voluntary. Each member nation is
urged to take appropriate steps for its
implementation. However, the code pro-
vided that:
Governments should take action to give
effect to the principles and rules of this
code, as appropriate to their social and legis-
lative framework, including the adoption of
national legislation, regulations or other
suitable measures.
To east the lone negative vote, Mr.
President, was detrimental to our na-
tional and international interests. I fail
to see the foreign policy advantage that
we gained from this "no" vote.
I am concerned that the international
community may misread this vote to
conclude that the United States does not
share a concern for the health of the
world's chilldren, that the United States
will turn aside when presented with a
real life threat to innocent babies.
Now what is this real life threat? The
point was made by a nun I heard a few
weeks ago. She was explaining the situa-
tion in an African nation where the baby
bottle was a status symbol of all that is
Western, modern, and good. This baby
bottle had such a high status that it cost
the equivalent of $15--$15 for a
plastic baby bottle, in most areas more
than a month's income. And because of
this expense, and because of its value, it
was used over and over, by family after
family. But with no sterilization, no
purification, the bottle quickly became
black with mold. And yet this blackened
bottle was used, with formula or with any
liquid, and it was still considered a
status symbol. As the nun said, the bottle
was so decayed, any Member of this body
would dare not to touch it> let alone feed
a child with it.
This is the situation in Africa, I have
heard similar examples in other regions.
Let me present the problem in basic
human terms. If a mother in a Third
World country clinic receives a free
sample of formula given to her by a
representative of a formula company,
she may be persuaded that bottle feed-
ing is indeed the modern thing to do
and that it is best for her baby.
Yet, when she returns to her home
she may find that the water to mix
with the powdered formula is impure,
or that she cannot sterilize the bottles,
or that she cannot afford the formula.
But by then she, and her baby, are
tragically trapped. Once she has stoPPed
breastfeeding, she cannot change her
mind. Her body will not produce milk.
In a very real sense, she and her baby
are hooked on the expensive formula.
She must keep using it, even if the baby
becomes ill, even if she has to dilute it,
even if the baby's life is threatened.
No one, not even the formula com-
panies themselves, denies that breast
milk is the most perfect food for in-
fants. Breast milk offers a baby unique
immunities, balanced nutritional con-
tent, and it is always sterile. It is also
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CONGRESSIONAL RECORD-- SENATE June 17, 1981
When the general capital increase was
originally proposed, it was expected ~to
enable the World Bank to increase its
lending by 5 percent per year in real
terms. Worldwide inflation turned ou't to
be much higher that expected; conse-
quently, the proposed capital increase is
needed to prevent World Bank lending
from declining in real terms.
The U.S. share of the total capital in-
crease will be 22 percent, appraximatelY
$8.8 billion. Only a small portion, 7.5
percent, of the total subscription will be
paid-in capital. The remainder, 92.5 per-
cent, will be callable capital.
The administration has budgeted the
U.S. share of paid-in capital over a 6-
year period beginning with fiscal year
1982. The United States will p11y in less
than $110 million each year for 6 years,
a total of $658 million.
Actual budget outlays during the next
few fiscal years will be tiny compared to
the total capital increase and t;o the re-
turn to the U.S. economy.
As shown in the estimate prepared by
the Congressional Budget Office, which is
reprinted in the committee's report,
budget outlays adll be only $il million
per year in fiscal years 1982 through
1985.
The reason for this very low outlay
figure is the administration's decision to
provide on1Y 10 percent of the appropri-
ated amount in cash each year.
The remainder will be provided in the
form of a letter of credit to be drawn
upon in future years. Clearly, the ad-
ministration has done everything possi-
ble to reduce the budgetary impact of
the capital increase on the United
States.
In fact; the U.S. economy will reap
substantial benefits from tYle World
Bank's expanded lending program. Other
countries are contributing more than
$3. for every dollar the United States
subscribes to the World Bank. The Bank
will be able to lend $65 for every $1 paid
in by the United States. The United
States will gain from $13 to $15 of U.S.
exports, up to a $30 increase in national
income and output, and from '$6 to $9
in increased Federal revenues from every
$1 the United States pays into the World
Bank.
These remarkable returns to the U.S.
economy are due to the structure of the
Bank, which uses capital suk>scriptions
to back its borrowings of funds +on the
market, and to the successful record of
economic development supported bar the
Bank. From 1950 to 1975 the average
per capita income of the developing
world grew at over 3 percent per year.
Never have so many people-over 2 bil-
lion-achieved so much economic growth
in so short a time. Much of that growth
would not have been possible without
lending by the World Bank.
The World Bank not only provides
money for development, but also tech-
nical assistance and policy advice which
help developing countries adopt success-
ful development strategies.
The United States also gains in terms
of security through the World Bank.
The United States has mutual defense
relationships with 7 of the top 10 re-
cipients of World Bank loans: Brazil,
Turkey, Korea, Thailand, Colombia, the
Philippines, and Mexico. These seven
countries received about one-half of all
new lending by the World Bank in.1980.
If anyone has any doubt, despite alI
the objective evidence, that U.S. par-
ticipation in the World Bank serves U.S.
interests just consider the Soviet view
of the World Bank. A Russian author,
V. Zholobov, writing in an official Soviet
publication, recently described the World
Bank as the "servant of monopoly capi-
tal"-the Communist code words for the
capitalist system. He says:
The facts concerning IBRD's real activi-
ties ...show that the Bank has always
been and remains, a staunch defender of the
capitalist economic system, and assists in es-
tablishing aprivate enterprise sector in the
economies of developing countries.
He complains that most of the Bank's
loans have gone to Brazil, Indonesia,
Korea, Morocco, the Philippines and a
number of Latin American capitalist
countries, which he says are the "bul- '
works of private capitaI." He also com-
plains that the World Bank does not
finance public sector industrial under-
takings:
During 1978, the majority of countries with
a socialist philosophy-Ethiopia, Afghani-
stan and the People's Democratic Republic
of Yemen, plus a number of others that seek
primarily to develop the public sector of
their economies-did not receive a single
loan from IBRD or its affiliates.
The Russians would like nothing bet-
ter than to see us weaken our support far
the multilateral development banks.
free, unfortunately for the formula
manufacturers.
This is first of all a human and moral
question. I cannot banish from my mind
the image of a child slowly starving on
formula so diluted it is a pale grey-
even if others can. I cannot ignore the
anguish a poor mother must go through,
knowing that her baby is suffering and
that, since she cannot go back to breast-
feeding, there is nothing she can do-
even though those who have advocated
infant formula for purely commercial
reasons apparently can.
There are also foreign policy con-
siderations. As a recent editorial from
the Journal of Commerce stated:
If the United States abstains or votes no
on the Infant Formula Code, we believe that
it will gain little and possibly lose much 1n
its effort to restore U.S. credibility and in-
fluence with the developing world.
I firmly believe that it was not in our
best national interest to oppose this code.
This decision did not reflect the com-
passion and the concern of the American
people. It was a mistake. It was made
for the narrowest oP economic reasons
and the rest of the world will not soon
forget our position on this issue.
I would hope that the world would not
misinterpret the United States feeling in
this regard.
Mr. President, I ask unanimous con-
Serit that SeriatOrs HOLLINGS and HART be
added as cosponsors to the Durenberger-
Leahy resolution.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. LEAHY. Mr. President, I ask
unanimous consent that the Senator
from Michigan (Mr. RIEGLE) be added as
a cosponsor.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. PERCY. Mr. President, S. 1195
would authorize U.S. participation in the
general capital increase of the World
Bank. The biII also authorizes completion
of the U.S. shares of the fifth replenish-
ment of the Inter-American Development
Bank and the second replenishment. of
the Asian Development Fund.
These last two items-replenishments
of 'the IDB and A~3F-were passed by the
Senate iii the previous Congress, but the
House did not concur. Because these are
catch up authorizations which were
previously considered by the Senate, I
will not take the Senate's time to discuss
them. I refer my colleagues to the com-
mittee report and to the record in 'the
96tH Congress.
The general capital increase for the
World Bank is a new and vital proposal
to increase the development of Poor
countries. The proposed amounts are in-
cluded in the Presiden't's budget and in
the congressional budget resolution. This
legislation has the strong support of the
administration.
The general capital increase would ap-
proximately double the capital of 'the
World Bank from $40 billion to $80 bil-
lion. The increased capital will enable
the World Bank to- maintain its lending
for development at a constant level in
real terms despite 'the ravages of infla-
tion.
They know, although some Americans
seem still to be confused on the point,
that the multilateral development banks
are a powerful instrument for advancing
the free-market system and U.S. secu-
rity, as well as the economic develop-
ment of poor nations.
8. 1195 represents one more step in ad-
vancing U.S. interests and frustrating
Russian ambitions. The Reagan admin-
istration is fully in support of this-legis-
lation. Secretary of Treasury Regan and
Secretary of State Haig have testified
repeatedly in support of this legislation
and the IDA legislation which the Senate
passed in April. On June 5 they wrote to
the House Banking Committee in sup-
port of the President's request for funds
for the multilateral development banks,
and were joined in signing that letter by
Budget Director Stockman, Secretary of
Commerce Baldridge, and U.S. Trade
Representative Brock.
The Committee on Foreign Relations
reported S. 1195 favorably by a vote of
14 to 0. I urge my colleagues to join in
supporting this important legislation.
Mr. PELL. Mr. President, today the
Senate will consider S. 1195-a bill to
authorize U.S. participation in the gen-
eral capital increase (GCI) of the Inter-
national Bank for Reconstruction .and
Development-the World Bank-and to
complete U.S. obligations with respect to
the fifth increase in the capital subscrip-
tions of the Inter-American Develop-
ment Bank (IDB) ; the sixth replenish-
ment of the fund for special operations
(FSO)-the concesssonal loan window of
the IDB; and the second replenishment
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June 17, 1981 CONGRESSIONAL RECORD-SENATE
of the Asian Development Fund-the
concessi nal loan window of the Asian
Develop ent Sank.
T E GENERAL CAPITAL INCREASE
The g neral capital increase (GCI) in
the Wor d Bank's subscribed capital will
result in a doubling of its resources from
$40 billi n to $80 billion. The U.S. share
of this increase will be $8.7 billion-ap-
proximat~ely 22 percent of the total cap-
ital increase-and will raise the total
U.S. sub?cription in the Bank to $18
billion.
The World Bank has performed a vital
role in stabilizing the world economy
throughout its 35-year history. Some of
my colleagues may not be aware, Mr.
President, that in its early days, the
World Bank was instrumental in raising
capital at that time desperately needed
to rebuild the war-torn economies of
Western Europe and Japan, our princi-
pal allies:
In the more recent past, the Bank has
provided assistance to Greece, Ireland,
Singapore, Spain, Finland, and Iceland;
and thanks in good measure to the
Bank, the economies of these countries
have now grown and developed to the
point that World Bank assistance is no
longer necessary. It is imperative that
,the work of the World Bank be allowed
individual countries in the developing
world but because through its activities,
it promotes economic growth and stabil-
ity in the world economy as a whole.
The actual budgetary cost of U.S. par-
. ticipation will be modest. Only $658 mil-
lion, or 7.5 percent of the $8.7 billion,
will actually be transferred to the World
Bank. This will be accomplished over a
6-year period through contributions of
$110 million annually. The remaining
$8 billion of the U.S. subscription will be
in the 'form of callable capital guaran-
ties, and except under extraordinary cir-
cumstances, will never leave the U.S.
Treasury.
I might note, Mr. President, that it is
highly unlikely that the callable portion
of the U.S. subscription would ever be
called. Not once since the Pounding of
the Bank 35 years ago have members
been asked to transfer any of their call-
ableshares to the Bank.
Yet, the callable capital subscriptions
to the World Bank serve a vital function
in its lending operations-they allow the
Bank to borrow funds on international
financial markets up to the value of
these subscriptions and to "lend these
funds to developing countries for specific
development projects. The U.S. Treasury
has estimated that for every dollar that
the United States provides in paid-in
capital, the Bank is able to extend $65
in loans to the developing world, .largely
because of the financial leverage provid-
ed by the callable capital subscriptions.
bIAKEIIP LEGISLATION
The other major purpose of this bill,
as I noted earlier, is to complete the au-
thorizations for U.S. participation in the
-increase in the capital of the Inter-
American Development Bank (IDB), the
`replenishment of the. IDB's fund for
'special operations (FSO) , and the re-
plenishment of the Asian Development
Fund (ADF) . On May 17, 1979, the Sen-
ate passed S. 662-a, bill authorizing U.S.
participation in the IDB's capital in-
crease and the FSO and ADF replenish-
ments at the levels that had been inter-
nationally negotiated.
However, due to a difference in the
House-passed version, the authorization
levels which finally became law fell short
by 10 percent for the IDB's capital in-
crease and FSO and by 15 percent for
the ADF.
The Reagan administration has re-
quested that this Congress act expediti-
ously to authorize the outstanding U.S.
commitments-$275 million for the IDB,
$70 million for the FSO, and $66.8 mil-
lion far the ADF-so that the capital in-
crease and replenishment plans of these
institutions can be completed as origi-
nally negotiated. This administration
has stressed that this must be done if the
United States is to meet its international
commitments. ~
Mr. President, I urge my colleagues to
support this bill. In my view, the enact-
ment of this legislation is important not
only because it will preserve the integrity
of these multilateral development insti-
tutions and permit them to continue to
provide financial assistance to the de-
veloping world, but also because it is a
signal to the rest of the world that the
United States continues to be committed
to a policy of responsible economic and
political leadership in international
Mr. HUDD
Kentucky permit me to
mous-consent request? If
tion of the amendment of the Sena
from Kentucky.
I ask unanimous consent, Mr. Presi-
dent, that at this time. the Department
of State authorization bill be temporar-
ily laid aside following the consideration
of the amendment by the Senator from
Kentucky and that the Senate immedi-
ately proceed to the consideration of
Calendar Order No. 101, S. 1195, and
that, without any debate, we proceed im-
mediately to a rollcall vote an that bill.
Mr. President, I ask unanimous con-
sent that it be in order to ask for the
yeas and nays on that measure at this
time.
The PRESIDING OF'F'ICER. Is there
objection? Without objection, it is so
ordered.
Mr. BAKER. Mr. President, I ask for
the yeas and nays.
The PRESIDING OFFICER. Is there
a sufficient second? There is a sufficient
second.
The yeas and nays were ordered.
Mr. BAKER. I ask unanimous consent
S 6391
that, after the disposition of S. 1195,
there be a brief period for the transac-
tion of routine morning business; that
when the Senate reconvenes tomorrow,
it resume consideration of the Depart-
ment of Justice authorization bill after
the recognition of any Senators under
the standing order or any special orders
and the transaction of routine morning
business, if ordered; that at 12 o'clock
tomorrow; the Senate return to consid-
eration of the Department of State au-
thorization bill and at that time the
amendment of the Senator from Minne-
$Ota (Mr. DURENHERGER) and the Senator
from Vermont be the pending business;
that there be a period of 1'/z hours for
debate on that measure--
Mr. ROBERT C. BYRD.1Vlr. President,
will the distinguished Senator yield?
Mr. BAKER. I yield to the minority
leader.
Mr. ROBERT C. BYRD. Mr. President,
I shall have to say if the rollcall vote is
not begun virtually immediately on
Calendar Order No. 101, I cannot agree
to taking it up tonight.
Mr. BAKER. Mr. President, I with-
draw my previous request and formulate
this request:
Mr. President, I ask unanimous con-
sent that the Department of State au-
thorization bill be laid aside temporarily
and that the Senate proceed to the con-
sideration of Calendar Order No. 101, S.
1195; that there be no debate in order;
and that, after the disposition of that
measure, the Senate return to the con-
sideration of the Department of State
authorization.
The PRESIDING OFFICER. Is there
objection?
Mr. HUDDLE'STON. Reserving the
right to object, Mr. President, does that
preclude my amendment?
Mr. BAKER. it is going to take 15
minutes to do the rollcall. As the minor-
ity leader pointed out, unless we get that
rollcall done right now, I am afraid we
cannot get it done this evening. I am at
the mercy of the Senator from Kentucky
and the Senator from West Virginia.
Mr. PERCY. The Senator from Ken-
tucky said his amendment will take 30
seconds.
Mr. HUDDLESTON. It will take me 30
conds, but-I shall not abject, Mr.
e PRESIDING OFFICER. Without
FFICER. The yeas
bill by title.
The legislative clerk r
continuing
ment Bank, and far other purp~e5.
Mr. MATHIAS. Mr. President, I up-
port c. 1195, the bill to authorize .S.
participation in the World Bank's Gen-
eral Capital Increase and completion of
the shortfall in U.S. subscriptions to the
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S 6392
CONGRESSIONAL RECORD -SENATE
Asi Development Fund and inter-
Ame 'can Development Bank. I do so be-
cause the multilateral development
banks a vital to sustaining economic
developm nt in a period of severe finan-
cial stl?ain the global economy.
Many dev oping countries, including
many close a ies of the United States
and importan trading partners, will
have great diffic ty paying their oil im-
fished by the slower rowth rates ex-
pected in the developed ountries. Major
economic adjustments ' 1 be required
in most developing countri ,and assist-
once from the multilateral velopment
banks can spell the differen between
sound adjustment and disaster.
The United States has a muc larger
stake in the continuing econo 'c de-
velopment of Third World nations han
we sometimes realize. We import ov 50
percent of our needs of 24 or 32 mine is
designated as strategic and. critical, i -
cluding more than 90 percent of th
bauxite, chromite, cobalt, columbium,
manganese ore, and nickel that we use.
A continuous, assured supply of these
minerals is absolutely essential to our
industrial and military security. The
United States cannot afford to neglect
the development needs of mineral rich
nations.
Access to secure supplies of minerals
and raw materials at relatively stable
prices is only one facet of the American
stake in developing countries. Another is
that the United States currently sells 40
percent of its manufactured exports to
developing countries. These countries
form the fastest growing market for U.S.
exports, expanding at a rate of 20 per-
cent ayear, compared to 15 percent for
U.S. exports to developed countries. The
developing countries are also major pur-
chasers of U.S. agricultural commodities
and will inevitably become better cus-
tomers as their populations expand. In.
turn, we import 50 percent of the goods
they manufacture.
We have consistently underestimated
the vital security stake we have in the
Third World stability both in terms of
limiting Soviet.expansion and.of guaran-
teeing access to essential resources for
the West. A list of the top recipients of
World Bank loans is nearly identical to
a list of the developing countries ~ of
greatest strategic interest to the United
States. Brazil, Turkey, Korea, Thailand.
Colombia, the Philippines, and Mexico
received nearly half of all IBRD loans in
1980. China will be an important recipi-
ent in the. future.
The World Bank plays a vital role in
supporting an open,. growing, market-
oriented world ecolomy. The National
Advisory Council oil International Mone-
tary and Financial Policies in its special
report to the "'President on the World
Bank's General Capital Increase notes:.
A "wester' market-oriented economic out-
look has .always guided the Bank's policy
advice. The IBRD has consistently encour-
aged realistic public sector pricing policies
and discouraged excessive trade barriers.
The administration strongly supports
S. 1195 and the appropriations necessary
to maintain United States commitments
to the multilateral development banks.
Secretary of Treasury Regall told the
Senate Appropriations Committee on
April 28th:
The Administration fully rea~gnizes the
important support that the banks can pro-
vide for 'the orderly, market-oriented eco-
nomic development of a large number of
developing countries. The Administration
also recognizes that the multilateral charac-
ter of the banks and the substantial resources
at their command make these institutions
well positioned to help promote growth-
spurring economic policicas in they developing
world.
Mr. President, when you ;add to all
these considerations: the fact that we
are talking about actual bud?;et outlays
of $11 million per year for the next few
fiscal years for the General Capital In-
crease; and the fact that the World Bank
will be able to lend more tYian $60 to
developing countries for every dollar the
United States pays into the ]Bank; and
the fact that the U.S. economy will
receive back several times our budget
expenditures in terms of exports and
humanitarian grounds, on economic
The bill
for a third
time.
New Mexico (Mr. SCHMITT) , a'
sarily, absent.
and voting, the Senator Prom New
(Mr. D'AMATO) would vote "aye."
HART) and the Senator from Louisiana
(Mr. Loxc) are necessarily absent.
The PRESIDING OFFICER (Mr. AxM-
sTxoxc). Are there any other Senators
in the Chamber who wish to vote?
The result was announced-yeas 65,
nays 27, as follows:
[Rollcall Vote No. 156 Leg.]
YEAS-G5
Armstrong
Danforth
Hcllings
Baker
Dixon
Hucidleston
Baucus
Dodd
IxWUye
Bentsen
Dole
Jackson
Bider
Domenicl
Jepsen
$oschwitz
Durenberger
Johnston
Bradley
Eagleton
Kaesebaum
Bumpers
Exon'
Kasten
Cannon
Ford
Kennedy
Chafes
Glenn
Lavalt
Chiles
Gortcm
Leahy
Cochran
Hatfield
Levin
Cohen
Hay~akawa
Lugar
Cranston
Heflin
Mathias
June 17, 1981
Matsunaga
Prgar
Stennis
Metzenbauni
Riegle
Stevens
Mitchell
Rudman
Tower
Murkowski
Sarbanes
Tsongas
Nunn
Sasser
Wallop
Packwood
Simpson
Weicker
Pell
Specter
Williams
Percy
Stafford
NAYS-27
Abdnar
Garn
Nickles
Andrews
Goldwater
Proxmire
Boren
Grassley
Quayle
Burdick
Hatch
Randolph
Byrd,
Hawkins
Symms
Harry F., Jr.
Helms
Thurmond
Byrd, Robert C. Humphrey
~i~arner
DeConcini
Mattingly
Zoriusky
Denton
McClure
East
blelcher
NOT VOTING-8
D'Amato
Lang
Roth
Hart
Moynihan
Schmitt
Heinz
Pressler
So the bill (S. 1195) was passed, as
follows:
S. 1195
Be it enacted by the Senate and House of
Representatives of the Un{ted States of
America in Congress assembled,
TITLE I-INTERNATIONAL BANK FOR
RECOISSTRUCTION AND DEVELOPMENT
AND ASIAN DEVELOPMENT BANK
SEC. 101. The Bretton Woods Agreements
Act (22 U.S.C. 286 et seq.) is amended by
adding at the end thereof the following new
section:
"SEC. 39._(a) The United States Governor
of the Bank is authorized-
"(i) to vote to increase by three hundred
and sixty-five thousand shares the author-
ized capital stock of the Bank; and
"(2) to subscribe on behalf of the United
States to not more than seventy-three thou-
sand and ten shares of the capital stock of
the Bank: Provided, That not more than 7x/2
percent of the price of the shares subscribed
may be paid into the Bank on subscription,
with the remainder being subject to call:
Provided further, That any subscription to
additional shares under this section shall be
effective only to such extent or in such
amounts as are provided iri advance in ap-
propriations Acts.
"(b) In order to pay for the increase in
the United States subscription to the pafd-
in capital stock of the Bank provided for in
this section, there are authorized to be ap-
propriated, without fiscal year limitation,
5658,305,196 for payment by the Secretary of
the Treasury:
"(c) In order to effect the United States
subscription to the callable capital portion
provided in this section, the United States
Governor of the Bank is authorized to sub-
scribe, without fiscal year limitation, to the
callable portion of the United States share
of increases in capital stock in an amount
not to exceed 58,149,256,156.".
TITLE II-INTER-ADIERICAN BANK AND
ASIAN DEVELOPMENT BANK
Ec. 201. The Inter-American Development
Bax Act (22 U.S.C. 283 et seq.) is amended
by a ing at the end thereof the following
news tion:
"SEC. 0. (a) The United States Governor
of the B nk is authorized on behalf of the
United St tea to contribute to the Fund for
Special O erations $70,000,000; Prov{ded,
however, t any commitment to make
such contrib ioxi shall be made subject to
obtaining the ecessary appropriations.
"(b) In orde to pay for a portion of the
increase in the nited States subscription
to the capital stoc of the Bank provided for
in section 29 (a) a for the United States
contribution to the and for Special Op-
erations provided for this section, there
are authorized to be a ropriated, without
fiscal year limitation, f payment by the
Secretary of the Treasu (i) 5274,920,799
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for the nited States subscription and (2)
$70,000,0 for the United States contribu-
tion tot a Fund for Special Operations.".
SEC. 20 . The Asian Development Bank Act
(22 U.S.C 285 et seq.) is amended by adding
at the en thereof the following new section:
"SEC. 2 (a) The United States Governor
of the B nk is authorized to contribute on
behalf of he United States $66,750,000 to the
Asian De elopment Fund, a special fund of
the Bank Provided, That any commitment
to_ make such contribution shall be made
subject t obtaining the necessary appro-
priations.
"(b) In order to pay for the United States
contrfbut on to the Asian Development Fund
provided rin this section, there are author-
ized to b appropriated, without fiscal year
limitation $66,750,000 for payment by the
Secretary of the Treasury.".
TITL III-HUNGER AND GLOBAL
SECURITY
has adopt
lending b
becomes a
ment Ban
the Africa
pose of es
terms of its Fifth Replenishment,
d the target that 50 percent of its
. This title may be cited as the
and Global Security Multilateral
nt Bank Act".
. The Bretton Woods Agreements
.S.C. 286 et seq.), as amended by
1, is further amended by adding
red thereof the following new
lending by
stitution s
and sectio
are classifi
sociation.
Congress finds that both protects
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for Reconstruction and Develop-
e International Development As-
The Secretary of the Treasury
?e and transmit a report annually
Aker of the House of Representa-
ie chairman of the Committee on
ations of the Senate on the prog-
made toward achieving the- goals
1, and shall also include, for each
CONGRESSIONAL RECORD -SENATE S 6393
of the institutions refereed to in section 41,
as accurate an estimate as practicable of the
proportion of the lending by such institution
which benefits needy people in its borrower
countries. In formulating such estimates, the
Secretary of the Treasury may utilize the
methodology developed by the Inter-Ameri-
can Development Bank or such other meth-
odology or methodologies as may be appro-
priate.".
TITLE IV-EFFECTIVE DATE AND AVAIL-
ABILITY OF FUNDS
SEC. 401. This Act shall take effect upon its
date of enactment, except that funds author-
ized to be appropriated by any provision con-
tained in title I or II are not available for use
or obligation prior to October 1, 1981.
Mr. BAKER. Mr. President, I move to
reconsider the vote by a-hich the bill
was passed.
Mr. MATHIAS. Mr. President, I move
to lay that motion on the table.
The motion to lay on the table was
agreed to.
DEPARTMENT OF STATE AUTHOR-
IZATION ACT, FISCAL YEARS 1982
AND 1983
The Senate resumed consideration of
S. 1193.
Mr. HUDDLESTON. Mr. President,
what is the older o_f business at the
present time? Do we return to the for-
eign relations bill?
The PRESIDING OFFICER. The
pending business is S. 1193.
UP AMENDMENT NO. 168
(Purpose: To require the President to trans-
mit areport on the total cost of domestic
and foreign assistance for refugees and
Cuban and Haitian entrants)
Mr. HUDDLESTON. Mr. President, I
send to the desk an unprinted amend-
ment and ask for its immediate con-
sideration.
The PRESIDING OFFICER. The
amendment will be stated.
'The assistant legislative clerk read as
follows:
The Senator from Kentucky (Mr. HUDDLE-
STON) proposes an unprinted amendment
numbered 168.
Mr. HUDDLESTON. Mr. President, I
ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, insert
the following:
REPORT
SEC. (a) Not later than 60 days after the
date of enactment of this section, the Presi-
dent shall prepare and transmit to the Con-
gress afull and complete report on the total
cost of Federal, State, and local efforts to
assist refugees and Cuban and Haitian en-
trants within the United States or abroad
for each of the fiscal years 1981 and 1982.
Such report shall include and set forth for
each such fiscal year-
(1) the costs of assistance for resettlement
of refugees and Cuban and Haitian entrants
within trie United States or abroad;
(2) the costs oY United States contribu-
tions to foreign governments, International
organizations, or other agencies which are
attributable to assistance for refugees and
Cuban and Haitian entrants;
(3) the costs of Federal, State, and local
efforts other than described in paragraphs
(1) and (2) to assist, and provide services
for, refugees and Cuban and Haitian en-
trants; and
(4) administrative and operating expenses
of Federal, State, and local governments
which are attributable to programs of as-
sistance or services described in paragraphs
(1), (2), and (3); and
(5) administrative and operating expenses
incurred by the United States because of the
entry of such aliens into the United States.
(b) For purposes of this section-
(1) the term "refugees" is used within the
meaning of paragraph (42) of section 101 (a)
of the Immigration and Nationality Act; and
(2) the phrase "Cuban and Haitian en-
trants" means Cubans and I~aitians paroled
into the United States, pursuant to section
212(d) (5) of the Immigration and Nation-
ality Act, during 1980 who have not been
given or denied refugee status under the
Immigration and Nationality Act.
Mr. HUDDLESTON. Mr. President,
refuge assistance from the United States
totals in the billions of dollars and is
provided by the Federal, State and local
governments. .Because of the multitude
of programs and the many agencies and
departments they are scattered among,
it is almost impossible to get a true pic-
ture of the total cost.
In order to overcome this lack of in-
formation, Iintroduced an amendment,
similar to the one I am offering today,
in 1979 which required a report on the
total cost of our refugee assistance ef-
forts. In February of 1980 this report
was released and revealed that the esti-
mated cost for fiscal year 1980 would
be $1.7 billion and $2.1 billion in fiscal
year 1981. Unfortunately, these figures
are now outdated because of the Cuban/
Haitian arrivals and the generation of
new information regarding the refugees
we are admitting.
At a time when the needy children
of this country are being forced to go
without vital assistance because of cut-
backs in food, housing, and fobs pro-
grams, this bill, S. 1193, would increase
the authorization for refugee assistance.
I believe that a report on the total cost
of our refugee programs would help the
Congress and the Committee on Foreign
Relations set spending priorities in a
more reasonable manner.
The amendment I am offering would
simply require the President to report
within 60 days on the total cost of our
refugee assistance efforts including the
Cuban/Haitian arrivals. It is exactly the
same kind of report which the Carter ad-
ministration was required to make last
year. The administration has all the fig-
ures, it is simply a matter of putting
those figures together in one report.
Mr. President, this is a very simple
amendment, very similar to the one that
was adopted 2 years ago that simply re-
quires the administration to supply Con-
gress with the total cost of refugee as-
sistance.
It has been cleared on both sides of
the aisle, and I ask for its immediate
consideration.
Mr. PELL. Mr. President, the Senator
has discussed this with the minority side
of the aisle. It seems like an excellent
amendment. I hope that the acting ma-
jority manager will accept this amend-
ment.
Mr. MATHL9S. Mr. President, the
chairman of the Foreign Relations Com-
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S 6394
CONGRESSIONAL RECORD-SENATE Jude 1 ~", 1981
will have'a tax cut. But the President's
proposal as initially submitted was far
from perfect. We are changing it in some
ways which President Reagan yesterday
acknowledged to be constrac:tive. Our
constructive criticism has resullted in the
President's adding many important pro-
visions to his revised tax bill. I would like
to see the third year cut tied to the Presi-
dent's success in bringing interest rates
down.
The legislative process works with give
and take. It is atime-proven successful
process.
I am not aware of any Congress which
has ever given a President everything
he wants. And this is as it should be. No
branch of this Government is infallible.
We noted that mistakes oP billions of
dollars were made in the executive
branch when the first budget was so hast-
ily prepared and submitted to us. Should
we have rubberstamped those mistakes?
Of course not.
The Senate has already passed this ad-
ministration's first defense bill, and the
House will shortly consider its version.
We gave the administration largely what
it wanted in that bill. We did not give it
everything because there were some ill-
considered items. It is a responsible bill,
and we went as far as to give the admin-
istration money for strategic programs
on which it has itself not yet; been able
to make decisions. We authorized billions
for a new bomber, the recorramendation
for which was due to be submitted to us
by March 15, 1981. There is still no rec-
ommendation. We have given additional
billions for an MX basing mode system,
and they have not yet come up with a
recommendation on that. We passed. a
very costly Navy shipbuilding program,
but we had to shoot in the d[~,rk because
the administration failed to provide us
with the 5-year shipbuilding program
which is mandated by law to be sub-
mitted each year vtzth the budget. And
so we have tolerated these delays and
acted on the basis of very incomplete in-
formation. We understand the new ad-
ministration needs time to formulate its
defense and foreign policies. And we cer-
tainly expect the administration to re-
spect the Congress as it considers and
ants on its economic program. We have
seen in the past the paralysis that can
develop when the President: and Con-
gress are at odds with each other. On
our side of the aisle we have sought to
avoid that paralysis. I believe we have
succeeded and we wiA continue to suc-
ceed.
And so, Mr. President, let us give credit
where credit is dui. The American people
want action. They are getting; action. But
the American people want us to do our
work carefully and thoughl;fuily. They
are getting that kind of work.
Mr. President, I yield the floor.
mittee has discussed this with the author
of the amendment, and I believe he has
no objection to it.
The PRESIDING OF`F'ICER. The ques-
tion is on agreeing to the amendment of
" the Senator from Kentucky.
The amendment