PROVIDING FOR THE CONSIDERATION OF H.R. 3518, DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEARS 1982 AND 1983
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Publication Date:
September 17, 1981
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September 17, 1981 CONGRESSIONAL RECORD - HOUSE
Mr. LAGOMARSINO. Mr. Speaker,
I rise in support of House Resolution
216, the ruling providing for considera-
tion of H.R. 3136, the Overseas Private
Investment Corporation Amendments
Act of 1981.
In addition to the unanimous ap-
proval of this legislation -by our sub-
committee and the full Foreign Affairs
Committee, the House Republican
Policy Committee endorses this legis-
lation to continue the operation of
OPIC for another 4 years.
OPIC serves the dual purpose of
aiding development overseas at the
same time it supports expansion of
American trade benefits, by encourag-
ing private investment in- developing
countries. I have long believed that
private investment is a key ingredient
in bolstering development, and OPIC
has played an important part in secur-
ing investment where it is needed.
I believe OPIC offers a valuable con-
tribution both to America's own do-
mestic economic health and to the de-
veloping countries, where private U.S.
investment serves to promote both de-
velopment and trade..
Mr. Speaker, I urge my colleagues to
give their full support to legislation
reauthorizing the operation of OPIC
and to pass this rule providing for con-
sideration of OPIC at an early date.
Mr. Speaker, I yield back the bal-
ance of my time.
Mr. QUILLEN. Mr. Speaker, I have
no further requests for time, and I
yield back the balance of my time.
Mr. HALL _of Ohio. Mr. Speaker, I
have no further requests for time, and
I move the previous question on the
resolution.
The previous question was ordered.
The resolution was agreed to.
A motion, to reconsider was laid on
the table.
PROVIDING FOR CONSIDER-
ATION OF H.R. 3518, DEPART-
MENT OF STATE AUTHORIZA-
TION ACT, FISCAL YEARS 1982
AND 1983
Mr. HALL of Ohio. Mr. Speaker, by
direction of the Committee on Rules, I
call up House Resolution 182 and ask
for its immediate consideration.
The Clerk read the resolution, as fol-
lows:
H. RES. 182
Resolved, That upon the adoption of this
resolution it shall be in order to move, sec-
tion 402(a) of the Congressional Budget Act
of 1974 (Public Law 93-344) to the contrary
notwithstanding, that the House resolve
itself into the Committee of the Whole
House on the State of the Union for the
consideration of the bill (H.R. 3518) to au-
thorize appropriations for fiscal years 1982
and 1983 for the Department of State, the
International Communication Agency, and
the Board for International Broadcasting,
and for other purposes, the first reading of
the bill shall be dispensed with, and all
points of order against the bill for failure to
comply"with the provisions of clause 5. rule
XXI are hereby waived. After general
debate, which shall be confined to the bill
and shall continue not to exceed one hour,
to be equally divided and controlled by the
chairman and ranking minority member of
the Committee on Foreign Affairs, the bill
shall be read for amendment under the five-
minute rule by titles instead of by sections.
At the conclusion of the consideration of
the bill for amendment, the Committee
shall rise and report the bill to the House
with such amendments as may have been
adopted, and the previous question shall be
considered as ordered on the bill and
amendments thereto to final passage with-
out intervening motion except one motion
to recommit. After, the passage of H.R. 3518,
it shall be in order, sections 401(a),
401(b)(1), and 402(a) of the Congressional
Budget Act of 1974 (Public Law 93-344) to
the contrary notwithstanding, to take from
the Speaker's table the bill S. 1193 and to
consider said bill in the House, and it shall
then be in order in the House to move to
strike out all after the enacting clause of
the said Senate bill and to insert in lieu
thereof the provisions contained in H.R.
3518 as passed by the House. .
The SPEAKER pro tempore. The
gentleman from Ohio (Mr. HALL) is
recognized for 1 hour.
Mr. HALL of Ohio. Mr. Speaker, I
yield the customary 30 minutes to the
gentleman, from Missouri. (Mr.
TAYLOR) for purposes of debate only,
pending which I yield myself such
time as I may consume.
(Mr. HALL of Ohio asked and was
given permission to revise and extend
his remarks.)
^ 1030
Mr. HALL of Ohio. Mr. Speaker,
House Resolution 182 is an open rule
providing for the consideration of
H.R. 3518, the Department of State
Authorization Act for fiscal years 1982
and 1983.
The rule provides for 1 hour of gen-
eral debate .to be equally divided and
controlled by the chairman. and rank-
ing minority member of the Commit-
tee on Foreign Affairs.
In order to expedite consideration of
the bill, the -rule states that the bill
shall be read for amendment under
the 5-minute rule by titles instead of
by sections. House Resolution 182 fur-
ther provides for one motion to recom-
mit.
It should be noted' that the rule
waives a point of order against the bill
under section 402(a) of the Congres-
sional Budget Act. Section 402(a) pro-
vides that it shall not be in order to
consider any bill which authorizes the
enactment of new budget authority
for a fiscal year unless that bill has
been reported on or before May 15
preceding the beginning of such fiscal
year.
Section 302 of H.R. 3518 authorizes
the appropriation of $100.3 million in
fiscal year 1981 for the Board for In-
ternational Broadcasting.
Various other provisions of the bill.
may indirectly authorize appropri-
ations for fiscal year 1981. For exam-
ple, section 119 grants to the Secre-
tary of State basic authorities con-
cerning the activities and operations
of foreign missions in the United
H 6329
fiscal year. Since this bill was not re-
ported on or before May 15, 1980, it
would be subject to a point of order
under section 402(a) of the Budget
Act.
The chairman of the Budget Com-
mittee has advised the Committee on
Rules that the Budget Committee sup-
ports a waiver of section 402(a) of the
Budget Act. The Budget Committee
has noted that the fiscal 1981 funds
authorized to be appropriated for the
Board for International Broadcasting
were included in the Supplemental
Appropriations and Rescission Act of
1981. This is Public Law 97-12, which
was approved on June 5, 1981. The
Budget Committee further has
brought to the attention of the Rules
Committee that the bill will not be en-
acted' until fiscal year 1982, so the in-
direct authorizations actually will not
be used to provide budget authority
for fiscal year 1981. Therefore, the
Budget Committee does not object to
a waiver of section 402(a) of the
Budget Act for H.R. 3518.
House Resolution 182 also waives all
points of order against the bill for fail-
ure to comply with the provisions of
clause. 5 of rule XXI. Clause 5 of rule
XXI prohibits appropriations in a leg-
islative bill.
Several provisions of H.R. 3518 could
be considered appropriations in a legis-
lative bill. For example, section 107
provides for the transfer of certain
funds to an appropriation account.
Other sections, such as section 114 and
section 207, provide for the crediting
of certain funds to - appropriations.
Therefore, the rule waives all points of
order against the bill for violations of
clause 5 of rule XXI.
Finally, the rule waives certain pro-
visions of the Budget Act in order to
facilitate a conference with the Senate
on the State Department Authoriza-
tion Act. The Senate passed its version
of this legislation, S. 1193, on June 18.
After the passage of H.R. 3518, the
rule makes in order the consideration
of S. 1193, and waives the following
provisions of the Budget Act against
the Senate bill: Section 401(a), new
spending authority for a fiscal year
not provided for in advance in appro-
priation acts; section 401(b)(1), entitle-
ment authority effective before Octo-
ber 1, 1981; and section 402(a), requir-
ing new budget authority to be report-
ed by May 15 preceding the beginning
of the fiscal year for which it becomes
effective.
It is the, intention of the Committee
on Foreign Affairs, upon the passage
of H.R. 3518, to take up for considera-
tion Senate companion bill, S. 1193,
for the purpose of striking everything
after the enacting clause and inserting
in lieu thereof, as an amendment, the
text of H.R. 3518, and requesting a
conference thereon. The Rules Com-
mittee has been -advised that the
States which might indirectly author- House Budget Committee supports the
ize appropriations for the current - waivers of the Budget Act with respect
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H 6330
to S. 1193 in order to facilitate a con-
ference on the legislation.
This legislation authorizes appropri-
ations for fiscal years 1982 and 1983
for the Department of State, the In-
ternational Communication Agency,
and the Board for International
Broadcasting. According to the Com-
mittee on Foreign Affairs, the fiscal
1982 authorization of $3.13 billion is
identical to the administration's re-
quest. The authorization amount in-
creases in fiscal 1983 in order to adjust
for inflation. In this regard, the For-
eign Affairs Committee points out
that the overseas rate of inflation is 18
percent.
This authorization bill also estab-
lishes a new Office of Foreign Mis-
sions in the Department of State to
regulate the operation of foreign mis-
sions in the United States. Further, it
extends from 5 to 10 years the period
in which U.S. passports not subject to
special regulation will remain valid.
This provision will apply only to pass-
ports issued after the date of the bill's
enactment.
Section 119 of the bill grants to the
National Capital Planning Commis-
sion the authority to decide issues con-
cerning the location of foreign mis-
sions in the District of Columbia. The
Committee on the District of Colum-
bia received sequential referral of H.R.
3518 in order to consider section 119,
which contains matters that tradition-
ally have been within the jurisdiction
of the District of Columbia Commit-
tee.
The District of Columbia Committee
reported an amendment to H.R. 3518
which strikes the provision granting
the Commission authority over the lo-
cation of foreign missions in the Dis-
trict of Columbia. The committee's
amendment is an interim measure
while negotiations continue between
the Federal and city governments
about authority over foreign mission
locations in the District of Columbia.
The District of Columbia Commit-
tee, which received sequential referral
of H.R. 3518, supported the rule re-
quest of the Foreign Affairs Commit-
tee, which was granted by the Rules
Committee.
I am not aware of any opposition to
the rule on H.R. 3518, and I urge my
colleagues to adopt it.
Mr. TAYLOR. Mr. Speaker, I yield
myself such time as I may consume.
(Mr. TAYLOR asked and was given
permission to revise and extend his re-
marks, and to include extraneous ma-
terial.)
Mr. TAYLOR. Mr. Speaker, House
Resolution 182 is an open rule to fa-
cilitate consideration of H.R. 3518, the
Department of State and related agen-
cies authorization bill for fiscal 1982
and 1983. The resolution waives points
of order that would otherwise lie
against consideration of the bill for
failure to comply with the Budget Act,
as well as points of order that would
otherwise lie against the bill for fail-
CONGRESSIONAL RECORD - HOUSE September 17, 1981
ure to comply with clause 5 of rule
XXI.
Section 402(a) of the Budget Act
prohibits consideration of any bill
which authorizes the enactment of
new budget authority for a fiscal year
unless that bill has been reported on
or before May 15 of the preceding
year. In this case, the Committee on
Foreign Affairs has reported H.R.
3518, which authorizes the appropri-
ation of funds in fiscal 1981, but it did
not report the bill on or before May
15, 1980.
Clause 5 of rule XXI prohibits ap-
propriations in a legislative bill, and
the waiver provided by this rule is nec-
essary because several paragraphs of
H.R. 3518 may constitute appropri-
ations in a legislative bill.
While these paragraphs are not
specified in the resolution, I will ask
unanimous consent at the appropriate
time to place in the RECORD a brief
summary of the provisions of the bill
for waivers of points of order are pro-
vided for in this resolution.
Mr. Speaker, in addition to granting
these waivers, the resolution provides
that the bill shall be read for amend-
ment under the 5-minute rule by titles
instead of by sections and one motion
to recommit is provided for.
After passage of the bill, it shall be
in order under this rule to take from
the Speaker's table the Senate com-
panion bill, S. 1193, and to consider
that bill in the House with a motion to
insert the provisions of H.R. 3518 as
passed by the House. For this proce-
dure, three waivers of the Budget Act
are necessary and are provided for in
House Resolution 182.
In the interests of time, I will in-
clude a summary of the provisions of
this rule, including the specific provi-
sions of the Budget Act that are being
waived, in the RECORD.
Mr. Speaker, in essence, this rule
provides for orderly consideration of
the bill in a situation where the 1981
funds have already been appropriated,
and this authorization bill was not re-
ported by May 15 of last year. As far
as taking up the Senate companion
bill, this rule is designed to facilitate a
conference with the Senate on the
matter.
I do think it important to point out
to the Members that there was no con-
troversy about the necessity for these
waivers in our Rules Committee hear-
ing, and the waivers themselves are
supported by the Committee on the
Budget.
In his letter to Chairman BOLLING,
Chairman JONES pointed out that sec-
tion 302 of the bill, H.R. 3518, author-
izes the appropriation of funds in
fiscal year 1981 for the Board of Inter-
national Broadcasting. And, various
other provisions of the bill may indi-
rectly authorize appropriations for
fiscal year 1981, such as section 119.
According to Chairman JONES' letter,
the Committee on the Budget met on
July 14 and voted to support the
waiver as requested by the Committee
on Foreign Affairs because-
(1) The 1981 funds authorized to be ap-
propriated for the Board of International
Broadcasting were included in the Supple-
mental Appropriations and Rescission Act
of 1981 (approved June 5, 1981), and (2) the
bill will not be enacted until :fiscal year 1982
so the indirect authorizations will not be
used to provide budget authority for fiscal
year 1981.
As to the bill itself, E[.R. 3518 au-
thorizes appropriations totaling $3.133
billion for the Department of State,
the International Communication
Agency, the Board for :international
Broadcasting, and the Inter-American
Foundation for fiscal 1982.
The amounts appropriated for fiscal
1982 are in line with the request of the
Reagan administration.
For fiscal 1983, however, the com-
mittee bill is approximately $800 mil-
lion more than the administration's
request. For this reason, the adminis-
tration opposes H.R. 3518 in its report-
ed form and would support amend-
ments to reduce the amounts to be au-
thorized for fiscal 1983.
Mr. Speaker, I support the rule as
reported by the Committee on Rules
so the House can proceed to consider
the measure.
Mr. Speaker, at this point I place in
the RECORD a brief summary of the
provision of House Resolution 182 and
a brief summary of the provisions of
H.R. 3518 for which the waivers con-
tained in the rule apply:
SUMMARY OF HOUSE RESOLUTION 182
1. Open Rule.
2. Waives Section 402(a) of the Congres-
sional Budget Act (requiring new budget au-
thority to be reported by May 15 preceding
the beginning of the fiscal year for which it
becomes effective) against consideration of
the bill.
3. Waives clause 5 of Rule :XXI (appropri-
ations in a legislative bill) against considera-
tion of the bill.
4. Bill to be read by titles instead of by
sections.
5. Provides one motion to recommit.
6. After passage of H.R. 3518, makes in
order consideration of S. 1193 and waives the
following provisions of the Congressional
Budget Act against the Senate bill: Section
401(a) (new spending authority for a fiscal
year not provided for in advance in ati ap-
propriation act); Section 401(b)(1) (entitle-
ment authority effective before October 1,
1981; and Section 402(a) (requiring new
budget authority to be reported by May 15
preceding the beginning of the fiscal year
for which it becomes effective.)
PROVISIONS OF H.R. 3518 FOR WHICH WAIVERS
OF POINTS OF ORDER ARE PROVIDED FOR IN RULE
The following sections represent authori-
ties requested by the Executive branch and
would permit the use of already-appropri-
ated funds for slightly different purposes:
Section 107. Currency Fluctuations.
This section provides a means for the Sec-
retary of State to maintain approved levels
of activities under rapidly changing econom-
ic conditions. The authority has been in ex-
istence for two years, and this section, effec-
tive October 1, 1981, would clarify provi-
sions of current law to insure authorization
of the amount of appropriations necessary
for the purpose.
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1981 CONGRESSIONAL RECORD - HOUSE
tember 17
,
Se
p
It is not the U.S. domestic inflation Coleman Hance
factor that affects our operations Collins (IL) Hansen (ID)
Collins (TX) Hansen (UT)
overseas. We are talking about an Conable Harkin
average overseas inflation rate over Conte Hartnett
which we have no control. Corcoran Hatcher
Courter Hawkins
'
Sections 110 and 112. Pan American Insti-
tute of Geography and History, and Pan
American Railway Congress.
These sections provide legal authority for
the United States to pay its past assess-
ments to these two organizations by remove-
ing an authorization ceiling which no longer
covers the actual financial obligation of the
United States.
Section 114. Living quarters for the staff
of the U.S. Representative to the United Na-
tions.
This section authorizes the lease or rental
of living quarters for the use of the staff of
the U.S. Representative to the United Na-
tions and permits more efficient use of
available funds to meet the high costs of
the New York housing market.
Mr. Speaker, I yield 3 minutes to the
gentleman from Pennsylvania (Mr.
WALKER).
Mr. WALKER. Mr. Speaker, I thank
the gentleman for yielding. I would
certainly argee with the gentleman
with regard to the rule. I see no prob-
lems with the details of this rule at all.
The problem I have with the rule is
the bill that it brings onto the floor.
The bill as far as fiscal year 1982 is to-
tally in line with the administration's
budget. However, if we look toward
fiscal year 1983, we all of a sudden re-
alize that what this bill is proposing is
about a 26-percent increase in spend-
ing.
That is the kind of spending rate
which has the financial markets in
this country concerned at the present
time. They are concerned that this
Congress is not going to stick to the
projected targets we have in spending,
and here we have a bill coming to us
that authorizes spending for the up-
coming year and increases the rate of
spending by a figure which far exceeds
any predicted rate of inflation. So, this
is my concern. We are raising most of
that cost just in the administration of
foreign affairs within the Department
of State, and it seems to me that we
have an obligation to try to stick as
closely as possible in these authoriza-
tion bills to the Executive requests for
the upcoming fiscal year.
This far exceeds the Executive re-
quests for the upcoming year, and it
seems to me an $800 million increase
in a buget that averages just little over
$3 billion a year for the 2-year period
of time is an excessive increase in the
bill.
Mr. FASCELL. Mr. Speaker, will the
gentleman yield?
Mr. WALKER. I will be glad to
yield.
Mr. FASCELL. Mr. Speaker, the
gentleman is absolutely right. We fol-
lowed the 1982 request right to the
dollar. There was a down curve, how-
ever, in the 1983 request with respect
to ICA and the State Department.
What the committee did was to take
only the average overseas inflationary
factor. We did not add a single job or a
single program.
What we are talking about is the re-
sponsibility of manning the U.S. Posts
around the world, and we are talking
about the kinds of programs that are
very important, such as those in ICA.
What we tried to do is to be sure
Coyne. James Hefner
that with the cuts that the adminis- Coyne, William Heftel
tration made, because we are already Crane, Daniel Hendon
cutting 550 positions, at least we Crane, Philip Hertel
D 'Amours Hiler
would not aggravate an already criti- Daniel, Dan Hillis
cal resource shortage and end up let- Daniel, R. W. 'Holland
ll
b
ting overseas inflation rates control Danielson
the operations of the State Depart- Dannemeyer
Daschle
ment, ICA, and BIB and that is the Davis
reason for the percentage increase. Deckard
DeNardi
One final thing; this is within the De
ardis
reconciliation figure. It Js in the Derrick
budget. Derwinski
Mr. WALKER. I thank the gentle- Dickinson
Dicks
man for his explanation, It still seems Dingell
to me right now that we have got a sit- Dixon
uation in this country where financial Donnelly,
markets are reacting to whether orDDorgan
oman
not we are going to stick close to our Dowdy
spending figures, or whether they Downey
think the administration over a period Dreier
of 3 years is going to stick close to its D(u n n
figures. The administrations's figures Dwyer
are substantially lower than what are Dymally
in this bill for 1983. I think that is an Dyson
Early
eck
en
Ho
Holt
Hopkins
Horton
Howard
Hoyer
Hubbard
Huckaby
Hughes
Hunter
Hutto
Hyde
Ireland
Jacobs
Jeffords
Jeffries
Johnston
Jones (NC)
Jones (OK)
Jones (TN)
Kastenmeier
Kazen
Kemp
Kildee
Kindness
improper signal to be sending at the Eckart Kogovsek
present time. Edgar Kramer
I thank the gentleman for his expla- Edwards (AL) Lagomarsino
nation, and I thank the gentleman Edwards (OK) Lantos
from Missouri for yielding. Emerson Latta
Mr. TAYLOR. Mr. Speaker, I have Emery Leach
no further requests for time, and I English Leath
Erdahl LeBoutillfer
yield back the balance of my time. Erlenborn Lee
Mr. HALL of Ohio. Mr. Speaker, I Ertel Lehman
have no further requests for time, and Evans (DE) Lelztnd
Evans (GA) Lent
I move the previous question on the sans (IA) Levitas
resolution. Evans (IN) Lewis
The previous question was ordered. Fary Livingston
The SPEAKER pro tempore. The Fa Loeffler
Fazzio io Long (LA)
question is on the resolution. Fenwick Long (MD)
The question was taken; and the Ferraro Lowery (CA)
Speaker pro tempore announced that Fields Lowry (WA)
the ayes appeared to have it. Findley Luken
Mr. LAGOMARSINO. Mr. Speaker, Fish Lundine
I object to the vote on the ground that Flippo Lungren
a quorum is not present and make the Florio Madigan
Foglietta Markey
point of order that a quorum is not Foley Marks
present. Ford (TN) Marlenee
The SPEAKER pro tempore. Evi- Forsythe Marriott
Fountain Martin (IL)
dently a quorum is not present. Fowler Martin (NC)
The Sergeant at Arms will notify Frank Martin (NY)
absent Members. Frenzel Matsui
The vote was taken by electronic Frost Ma
Fuqua Mavroules
device, and there were-yeas 385, nays Garcia Mazzoli
[Roll No. 208]
YEAS-385
Addabbo
Bedell
Brinkley
Akaka
Beilenson
Brodhead
Benedict
Brooks
Alexander
Benjamin
Broomfield
Anderson
Bennett
Brown(CA)
Andrews
Bereuter
Brown (OH)
Annunzio
Bethune
Broyhill
Anthony
Bevill
Butler
Applegate
Biaggi
Campbell
Archer
Bingham
Carman
Ashbrook
Blanchard
Carney
Atkinson
Boggs
Chappell
AuCoin
Boland
Chappie
Badham
Boner
Cheney
Bafalis
Bonior.
Chisholm
Bailey (MO)
Bonker
Clausen
Bailey (PA)
Bouquard
Clinger
Barnes
Bowen
Coats
Beard
Breaux
Coelho
Gaydos McClory
Gejdenson McCollum
Gephardt McCurdy
Gibbons McDade
Gilman McEwen
Gingrich McGrath
Glickman McHugh
Gonzalez Mica
Goodling Mikulski
Gore Miller (CA)
Mottl
Murphy
Murtha
Myers
Napier
Natcher
Neal
Nelligan
Nelson
Nichols
Nowak
Oakar
Oberstar
Obey
Ottinger
Oxley
Panetta
Parris
Pashayan
Pgtman
Patterson
Pease
Perkins
Petri
Peyser
Pickle
Porter
Price
Pritchard
Pursell
Quillen
Rahall
Railsback
Ratchford
Regula
Reuss
Rhodes
Richmond
Rinaldo
Ritter
Roberts (KS)
Roberts (SD)
Robinson
Rodino
Roe
Roemer
Rogers
Rose
Roth
Roukema
Rousselot
Russo
Sabo
Sawyer
Scheuer
Schroeder
Schulze
Schumer
Seiberling
Sensenbrenner
Shamansky
Shannon
Sharp
Shaw
Shelby
Shumway
Shuster
Siljander
Simon
Skeen
Skelton
Smith (IA)
Smith (NE)
Smith (NJ)
Smith (OR)
Smith (PA)
Snowe
Snyder
Solarz
Solomon
Spence
St Germain
Stangeland
Stark
Staton
Stenholm
Gradison' Miller (OH) Stokes
Gramm Mineta Stratton
Gray Minish Studds
Green Mitchell (MD) Stump
Gregg Mitchell (NY) Swift
Grisham Moakley Synar
Guarini Moffett Tauke
Gunderson Molinari Tauzin
Hagedorn Mollohan Taylor
Hall (OH) Montgomery Thomas
Hall, Sam Moore Traxler
Hamilton Moorhead Trible
Hammerschmidt Morrison Udall
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CONGRESSIONAL RECORD - HOUSE September 17, 1981
Vander Jagt
Whitehurst
Wortley
Vento
Whitley
Wright
Volkmer
Whittaker
Wyden
Walgren
Whitten
Wylie
Washington
Williams (MT)
Yates
Watkins
Williams (OH)
Yatron
Waxman
Wilson
Young (FL)
Weaver
Winn
Zablocki
Weber (MN)
Wirth
Zeferetti
Weber (OH)
Wolf
White
Wolpe
NAYS-5
Brown (CO)
McDonald
Walker
Conyers
Paul
NOT VOTING-43
Aspin
Fithian
Rosenthal
Barnard
Ford (MI)
-Rostenkowski
Bliley
Ginn
Roybal
Bolling
Goldwater
Rudd
Burgener
Hall, Ralph
Santini
Burton, John
Heckler
Savage
Burton, Phillip
Hightower
Schneider
Byron
Jenkins ?
Smith (AL)
Clay
LuJan
Stanton
Coughlin
McCloskey
Wampler
Craig
McKinney
Weiss
Crockett
Michel
Young (AK)
Daub
O'Brien
Young (MO)
de Is Garza
Pepper
Dougherty
Rangel
^ 1045
The Clerk announced the following
pairs:
Mr. Young of Missouri with Mr. Lujan.
Mr. Crockett with Mrs. Heckler.
Mr. Pepper with Mr. Young of Alaska.
Mr. Weiss with Mr. O'Brien.
Mr. Ginn with Mr. Stanton of Ohio.
Mr. Barnard with Mr. Goldwater.
Mr. Rostenkowski with Mr. Wampler.
Mr. Hightower with Mr. Rudd.
Mr. Rosenthal with Mr. Smith of Ala-
bama.
Mr. Ford of Michigan with Mr. Dough-
erty.
Mr. Santini with Mr. Burgener.
Mr. Roybal with Mr. Coughlin.
Mr. Clay with Mr. Bliley.
Mr. Phillip Burton with Mr. Daub.
Mrs. Byron with Mr. McKinney.
Mr. de la Garza with Mrs. Schneider.
Mr. Rangel with Mr. McCloskey.
Mr. John L. Burton with Mr. Craig.
Mr. Savage with Mr. Ralph M. Hall.
Mr. Aspin with Mr. Michel.
Mr. Fithian with Mr. Jenkins.
Mr. MINISH changed his vote from
"present" to "yea."
So the resolution was agreed to.
The result of the vote was an-
nounced as above recorded.
A motion to reconsider was laid on
the table.
PERMISSION FOR COMMITTEE
ON PUBLIC WORKS AND
TRANSPORTATION TO FILE
REPORT ON H.R. 4284, LELAND
BOWMAN LOCK
Mr. BREAUX. Mr. Speaker, I ask
unanimous consent that the Commit-
tee on Public Works and Transporta-
tion may have until midnight tonight
to file a report on the bill (H.R. 4284)
to name the lock authorized as a re-
placement for Vermilion Lock, Louisi-
ana, as "Leland Bowman Lock."
The SPEAKER pro tempore (Mr.
BRINKLEY). Is there objection to the
request of the gentleman from Louisi-
ana?
There was no objection.
UNSTABLE PRICES THREATEN
U.S. SUGAR INDUSTRY
(Mr. AKAKA asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. AKAKA. Mr. Speaker, in Hawaii
we produce 1,100,000 tons of sugar per
year. That is about 20 percent of all
sugar grown in the United States.
Sugar is the State's largest crop and
many areas of my State are highly de-
pendent on sugar production for their
economic well-being.
In fact, in many areas of my State,
sugar is the only source of support for
hundreds of families. On the islands of
Maui, Kauai, and Hawaii -a.nd I repre-
sent these islands-more than one-
third of all cropland is devoted to
sugar. Any.decline in sugar production
would result in a dramatic rise in un-
employment. The shutdown of a sugar
plantation or refinery would spell eco-
nomic disaster for many areas of my
State.
What the domestic sugar industry
needs is insulation from the volatile
sugar prices of recent years. Since
1978, prices have ranged from 9 cents
a pound to 45 cents a pound. The price
instability is the greatest threat to our
domestic growers. Without a healthy
domestic sugar industry, the United
States will be entirely dependent upon
uncertain foreign sources to meet its
needs for sugar.
Both 1979 and 1980 were years of de-
cline for world sugar production. In
both years, consumption exceeded
world production. Three of the four
largest producing countries experi-
enced serious decline in production
and yield this year.
Farmers understand that production
losses are part of their way of life.
Natural events often result in losses
even on the best of farms.' When the
commodity involved is sugar, however,
the American consumer also suffers
when poor yields cause shortages.
If the American industry is allowed
to decline as cheap foreign supplies of
surplus sugar are dumped on the
United States, the result will be de-
pendence on, these foreign supplies.
During years of low production, this
dependence will mean that prices at
the supermarket may double or triple.
The facts are very simple: The do-
mestic sugar industry needs a program
of nonrecourse loans if we are to have
a healthy sugar industry. And, we
need a healthy domestic sugar indus-
try.
DEPARTMENT OF STATE AU-
THORIZATION ACT, FISCAL
YEARS 1982 AND 1983
Mr. FASCELL. Mr. Speaker, I move
that the House resolve itself into the
Committee of the Whole House on the
State of the Union for the considera-
tion of the bill (H.R. 3518) to author-
ize appropriations for fiscal years 1982
and 1983 for the Department of State,
the International Communication'
Agency, and the Board for Interlia-
tional Broadcasting, and for other pur-
poses.
The SPEAKER pro tempore. The
question is on the motion offered by
the gentleman from Florida (Mr. FAS-
CELL ).
The question was taken; and the
Speaker pro tempore announced that
the ayes appeared to have it.
Mr. HOPKINS. Mr. Speaker, I
object to the vote on the ground that
a quorum is not present and make the
point of order that a quorum is not
present.
The SPEAKER pro tempore. Evi-
dently a quorum is not present.
The Sergeant at Arms will notify
absent Members.
The vote was taken by electronic
device, and there were-yeas 379, nays
3, answered "present" 1, not voting 50,
as follows:
[Roll No. 2091
YEAS-379
Addabbo
Coyne, James
Gephardt
Akaka
Coyne, William
Gibbons
Albosta
Crane. Daniel
Gilman
Alexander
Crane. Philip
Gingrich
Anderson
D'Amours
Glickman
Andrews
Daniel, Dan
Gonzalez
Annunzio
Daniel, R. W.
Goodling
Anthony
Danielson
Gore
Applegate
Dannemeyer
Gradison
Archer
Davis
Gramm
Ashbrook
Deckard
Gray
Atkinson
Dellums
Green
AuCoin
DeNardis
Gregg
Badham
Derrick
Grisham
Bafalis
Derwinski
Guarini
Bailey (MO)
Dicks
Gunderson
Bailey (PA)
Dingell
Hagedorn
Barnes
Dixon
Hall (OH)
Beard
Donnelly
Hall, Sam
Bedell
Dorgan
Hamilton
Beilenson
Dornan
Hammerschmidt
Benedict
Dowdy
Hance
Benjamin
Downey
Hansen (ID)
Bennett
Dreier
Hansen (UT)
Bereuter
Duncan
Harkin
Bethune-
Dunn
Hartnett
Bevill
Dwyer
Hatcher
Biaggi
Dyson
Hawkins
Bingham
Early
Heckler
Blanchard
Eckart
Hefner
Bliley
Edgar
Heftel
Boggs
Edwards (CA)
Hendon
Boland
Edwards (OK)
Hertel
Boiling
Emerson
Hiler
Boner
Emery
Hillis
Bonior
English
Holland
Honker
Erdahl
Hollenbeck
Bouquard
Ertel
Hopkins
Bowen
Evans (DE)
Horton
Breaux
Evans (GA)
Howard
Brinkley
Evans (IA)
Boyer
Brodhead
Evans (IN)
Hubbard
Brooks
Fary
Huckaby
Broomfield
Fascell
Hughes
Brown (CA)
Fazio
Hunter
Brown (CO)
Fenwick
Hyde
Brown (OH)
Ferraro
Ireland
Broyhill
Fiedler
Jacobs
Butler
Fields
Jeffords
Campbell
Findley
Jeffries
Carman
Fish
Jenkins
Carney
Flippo
Johnston
Chappell
Foglietta
Jones (NC)
Chappie
Foley
Jones (OK)
Cheney
Ford (MI)
Jones (TN)
Clausen
Ford (TN)
Kastenmeier
Clinger
Forsythe
Kazen
Coats
Fountain
Kemp
Coelho
Fowler
Kildee
Coleman
Frank
Kindness
Collins (IL)
Frenzel
Kogovsek
Collins (TX)
Frost
Kramer
Conable
Fuqua
LaFalce
Conte
Garcia
Lagomarsino
Corcoran
Gaydos
Lantos
Courier
GeJdenson
Latta
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CONGRESSIONAL RECORD -- HOUSE H 6333
Leach
Nelson
Skelton
Leath
Nichols
Smith (AL)
LeBoutillier
Nowak
Smith (IA)
Lee
Oakar
Smith (NE)
Lehman
Oberstar
Smith (NJ)
Leland
Obey
Smith (OR)
Lent
Oxley
Smith (PA)
Levitas
Panetta
Snowe
Lewis
Parris
Snyder
Livingston
Pashayan
Solarz
Loeffler
Patman
Solomon
Long (LA)
Patterson
Spence
Long MID)
Paul
St Germain
Lowery (CA)
Pease
Stangeland
Lowry (WA)
Perkins
Stark
Luken
Petri
Staton
Lungren
Peyser
Stokes
Madigan
Pickle
Stratton
Markey
Porter
Studds
Marks
Price
Stump
Marlenee
Pritchard
Swift
Marriott
Pursell
Synar
Martin(IL)
Quillen
Tauke
Martin (NC)
Rahall
Tauzin
Martin (NY)
Railsback
Taylor
Matsui
Ratchford
Thomas
Mattox
Regula
Traxler
Mavroules
Rhodes
Trible
Mazzoli
Richmond
Udall
McClory
Rinaldo
Vento
McCollum
Ritter
Volkmer
McCurdy
Roberts (KS)
Walgren
McDade
Roberts (SD)
Walker
McDonald
Robinson
Washington
McEwen
Rodino
Watkins
McGrath
Roe
Waxman
McHugh
Roemer
Weaver
McKinney
Rogers
Weber (MN)
Mica
Rose
Weber (OH)
Michel
Roth
White
Mikuiski
Roukema
Whitehurst
Miller (CA)
Rousselot
Whitley
Miller (OH)
Russo
Whittaker
Mineta
Sabo
Whitten
Minish
Sawyer
Williams (OH)
Mitchell (NY)
Scheuer
Wilson
Moffett
Schroeder
Winn
Molinari
Schulze
Wirth
Mollohan
Schumer
Wolf
Montgomery
Seiberling
Wolpe
Moore
Sensenbrenner
Wortley
Moorhead
Shamansky
Wright
Morrison
Shannon
Wyden
Mottl
Sharp
Wylie
Murphy
Shaw
Yates
Murtha
Shelby
Yatron
Myers
Shumway
Young(FL)
Napier
Shuster
Zablocki
Natcher
Siljander
Zeferetti
Neal
Simon
Nelligan
Skeen
NAYS-3
Conyers
Holt
ANSWERED "PRESENT"-1
Ottinger
Aspin
Edwards (AL)
Reuss
Barnard
Erlenborn
Rosenthal
Burgener
Fithian
Rostenkowski
Burton, John
Florio
Roybal
Burton, Phillip
Ginn
Rudd
Byron
Goldwater
Santini
Chisholm
Hall, Ralph
Savage
Clay
Hightower
Schneider
Coughlin
Hutto
Stanton
Craig
Lott
Stenholm
Crockett
Lujan
Vander Jagt
Daschle
Lundine
Wampler
Daub
McCloskey
Weiss
de la Garza
Moakley
Williams (MT)
Dickinson
O'Brien
Young (AK)
Dougherty
Pepper
Young (MO)
Dymally
Rangel
^ 1115
So the motion was agreed to.
The result of the vote was
nounced as above recorded.
IN THE COMMITTEE OF THE WHOLE
Accordingly the House - resolved
itself into the Committee of the
Whole House on the State of the
Union for the consideration of the bill,
H.R. 3518.
The SPEAKER pro tempore. The
Chair designates the gentleman from
Ohio (Mr. HALL) as Chairman of the
Committee of the Whole and requests
the gentleman from Louisiana (Mr.
BREAUX) to assume the chair tempo-
rarily.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. Pur-
suant to the rule, the first reading of
the bill is dispensed with.
Under the rule, the gentleman from
Florida (Mr. 'FASCELL) will be recog-
nized for 30 minutes, and the gentle-
man from Michigan (Mr. BROOMFIELD)
will be recognized for 30 minutes.
The Chair recognizes the gentleman
from Florida (Mr. FASCELL).
Mr. FASCELL. Mr. Chairman, I
yield myself such time as I may con-
sume.
(Mr. FASCELL asked and was given
permission to revise and extend his re-
marks.)
Mr. FASCELL. Mr. Chairman, I rise
in support of H.R. 3518, a bill to au-
thorize appropriations for the Depart-
ment of State, the International Com-
munication Agency, the Board for In-
ternational Broadcasting, and the
Inter-American Foundation for fiscal
years 1982-83, and to authorize a sup-
plemental appropriation for the Board
for International Broadcasting for
fiscal year 1981.
The total in this bill is $3,133,587,000
in funding authority for 1982, and
$3,674,422,000 for fiscal year 1983, and,
of course, $600,000 supplemental re-
quest for the Board for International
Broadcasting.
The bill was approved in the Com-
mittee on Foreign Affairs on May 12,
Mr. Chairman, let me say at the
,outset that all of us who participated
or constant dollar term
th
i
s
e
n
ase
cre
an-
barely covers the 1981 estimated aver-
age rate of overseas inflation, which
in the hearings and considered this
bill have been gravely concerned about
the capability of the agencies that are
involved to meet their growing inter-
national obligations and their respon-
sibilities while their financial and
human resources and their ability to
keep pace with increased diplomatic
and security needs continue to de-
crease.
The budget figures presented in this
bill represent the minimum amounts
that, in all good conscience, the com-
mittee could recommend and maintain
the notion that the agencies could ef-
fectively carry out their duties.
The recommended 1982 authoriza-
tion is identical to the executive
branch request for these agencies. And
although the figure reflects a numeri-
cal increase in dollar expenditures
over the present 1981 figures, in real
has been set by the administration at
18 percent.
The committee did not feel that the
1982 executive branch request, in
many accounts lower or identical to
the 1982 estimates, would be adequate
to even allow these agencies to main-
tain their present operating capacity.
In fact, it represents a further cut of
about 1,000 positions and the closing
of numerous posts, among other
things. Therefore, for the major De-
partment of State administrative ac-
counts for ICA and BIB we have.rec-
ommended a 17-percent increase above
the executive branch request for 1983;
but we have kept that amount within
the reconciliation figure so that it is
within the overall Federal budget. It
just means that we have made an ad-
justment within the account because
of other actions taken in that account
.by the Budget Committee and by the
Congress.
Now, let us talk for a moment about
this budget in realistic terms. What it
does, Mr. Chairman, is mandate a re-
duction, a cut, of 550 positions in the
Department of State, leaving the De-
partment with a total manpower of
16,285 people.
I want to emphasize this for my col-
leagues who are genuinely interested
and concerned about the budget: This
puts the Department of State, which
is already the smallest department in
Government, at a 1959 operating level.
Yes; I said 1959-which was 22 years
ago. That is where they are today with
the budget. And, of course, we all
know how their responsibility has in-
creased from the time in 1959 when we
recognized only 77 nations and now we
recognize 146. We have responsibilities
all around the globe. We are all aware
of the fact that life in the diplomatic
service is not a cakewalk any longer.
You cannot really kind of giggle and
sneer about the striped pants set that
has martinis for breakfast, a myth, if
there ever was one, but nevertheless a
lot of people believed it. We have had
people brutalized, terrorized, killed, we
have had our embassies burned, at-
tacked, we have had hostages taken.
We have to recognize the fact that our
people who are doing this service on
behalf of our country are in the front-
lines. And while we all have to take
budget cuts,. I can tell the Members,
after years of careful examination of
the budgets of these agencies, that
they have been brutally cut, and that
the least we can do, in our own nation-
al interest and security, is to keep
them at the cut level at which they
are and not cut them further unless
we are really in desperate straits be-
cause what we have to say then is that
we are just going to have to reduce
even more personnel, going back
beyond our 1959 level, closing Embas-
sies, closing consulates, doing all kinds
of things that will ultimately harm
the national security.
Today, the Department operates 278
posts overseas. At a time when Con-
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gress expects the Department to
supply better security for our diplo-
mats overseas, to collect the best infor-
mation available to enable us to con-
duct our foreign policy, and to aid the
peacekeeping process worldwide, the
U.S. Government responds with a no-
growth, make-do budget.
The International Communication
Agency, telling the story of America
around the world, is hardly the emis-
sary of the United States that it once
was. That Agency's levels of expendi-
ture have steadily dropped over the
years; the exchange program no
longer provides the stipends on which
people can live overseas; VOA is telling
the world of America's advances on
1942 transmitters.
Telling our story around the world is
one of the most important things we
can do. This administration has a keen
realization of that fact, and we need to
stay in that fight. They have contin-
ued the support of the radios, both
RFE, RL, VOA, and USIA, and it is ab-
solutely urgent that we continue at
least this reduced level in these agen-
cies if we are going to stay in this
fight. And I think we have to. They
are diplomatic tools of the first order,
just as essential as our military tools,
just as essential as our economic tools.
All I want to emphasize to my col-
leagues here is, believe me that this is
a tough, barebones budget that takes
into consideration what the adminis-
tration has to face, what we have to
face, in terms of the overall budget re-
quest.
Now, we have done some other
things here that the Members ought
to know about. We have provided au-
thority to increase the cost of pass-
ports to meet the real costs of provid-
ing them. This will, of course, increase
the revenues that will return to the
Treasury. We think this is a reason-
able amount, consistent with modern
times.
I just want to say one thing. If you
compare what the Soviets spend in
this area-and that is not the only cri-
teria, but let us face it, it is uppermost
in some minds-if you consider just in
one area, and that is on exchange pro-
grams, cultural presentations, what-
ever you want to call it, they are
spending so much money more than
we are, it is unbelievable-unbelievable
that a country that has a responsibili-
ty of not only maintaining our own na-
tional security, but of espousing
around the world the principles of de-
mocracy, representative government,
human dignity, and individual free-
doms, that we are here cutting back on
the very programs that allow people to
understand what we are all about. We
just give up the fight. It is as if you
were running a political campaign and
you decided that: "Well, I do not need
any campaign workers. I can do with-
out that. It is just too costly. Oh, I can
cut back on my radio advertising. I do
not need any of that, what the heck."
And your opponent is out there out-
spending you 5 to-1. And then you say:
"Why is it that we aren't doing a
better job out there?" Well, I tell you,
that is one of the reasons.
So I want us all to be sure what we
are doing. We are for the budget cuts
and we are for carrying out programs
that the President has a responsibility
for carrying out. But our sense of-pri-
orities needs to be sharpened on this
issue. That is all we are trying to do
here. We urge the Members to do that
and to support this bill.
^ 1130
We have also provided an overdue
remedy in this bill which is new au-
thority for the Secretary of State.
Translated in pure slang, it means
that we are tired of being mistreated
by other countries with respect to our
diplomatic missions and our repre-
sentatives and having no way to be
able to reciprocate and provide equali-
ty of treatment of our own people. We
have therefore included authority in
this bill which at long last gives the.
Secretary of State the mechanism to
deal with this kind of unequal treat-
ment or mistreatment, if you will, or
just sheer capricious political action.
So, we think this is a very important
step forward.
Mr. Chairman, these agencies are
our diplomatic tools. Their people are
our first line of defense. Their func-
tion is to make sure that we do not
have to rely totally on the hardware
of the Department of Defense in order
to protect our people and our bound-
aries. But which agency of Govern-
ment is receiving the funds to keep
pace with the international demands
of a peaceful world? I must reluctantly
report that no agency charged with
foreign policy responsibilities is being
given the resources to cope effectively
with their responsibilities-even
though the foreign policy budget is
barely 2V2 percent of the defense
budget and one-half percent of the
total Federal budget, and has no dis-
cernible impact on domestic inflation.
Among the wide variety of diplomat-
ic activities which facilitate our rela-
tions with 146 nations and more than
90 international organizations this au-
thorization contains funds which:
First, provide the U.S. assessed contri-
bution to the United Nations, it spe-
cialized agencies and the OAS; Second,
provide access to a free press for
people living under totalitarian rule
through the broadcasts of the Voice of
America, Radio Free Europe, and
Radio Liberty; Third, provide passport
services for Americans who wish to
travel abroad; and Fourth, facilitate
student and other scholarly exchanges
as well as technical and cultural exhi-
bitions abroad, promoting friendship
and wider understanding for foreign
cultures.
Let me use this latter provision to
give an example of some of the less ob-
vious programs funded by this bill and
to indicate the immediate domestic
benefits to be realized from them. The
value of educational and cultural ex-
changes is one that has been signifi-
cantly underestimated by U.S. citizens
and Members of this body. I can tell
you that the Soviet Union does not
underestimate the power of such pro-
grams and places great weight on the
benefits which they generate.
To our knowledge, the Soviets have
spent approximately $1 billion over
the past 25 years on scholarship
grants to students from "disadvan-
taged economic and social back-
grounds." U.S. programs come no-
where near this figure. For example,
in 1980, the United States offered 24
grants to Costa Rica. In fiscal year
1982 we intend to offer 20. The
U.S.S.R., on the other hand, adminis-
ters 500 scholarships in that country.
The United States counters the Sovi-
et's 4,650 grants to the American re-
publics with a grand total of 875 as al-
ternatives to Soviet education. It has
been estimated that the Soviet Union
spends $200,000,000 for educational
exchanges in the Third World alone.
The United States plans to spend
$66,000,000 for all of its programs in
fiscal year 1983.
Let me ask you, who are Third
World businessmen, educated in the
Soviet Union, going to do business
with and whose business methods are
they going to use? We feel that we
must match the Soviet military buil-
dup, but we neglect the other ele-
ments of our defense policy-the
radios and the spread of knowledge
about our system and our culture
through people-to-people relation-
ships. We match military hardware,
but fail to offset the ideological and
political offensive aimed 0 the vast
world population.
I urge you to endorse all of these ef-
forts by supporting the funding levels
in this bill.
H.R. 3518 contains one vital new au-
thority for the Secretary of State
which will provide the long-overdue
means to remedy a serious and grow-
ing imbalance between the treatment
accorded by many countries to official
missions of the United States abroad,
and that accorded to foreign govern-
ment missions in the United States.
Section 119 specifically would provide
for the establishment of an independ-
ent Office of Foreign Missions in the
Department of State through which
the operations of foreign missions in
the United States and the benefits
available to them from Federal, State,
and local authorities, public utilities
and private persons may be reviewed
and, if necessary regulated through a
central authority. The Office will
assist foreign missions in procuring
needed benefits and services, in ac-
cordance with our international legal
obligations. Such benefits and services
would include the procurement of real
property, public services, supplies,
maintenance contracts, transporta-
tion, travel, and other services.
The Office of Foreign Missions will
also have the authority to deny bene-
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fits or services or take other action in
cases where our personnel overseas are
not receiving appropriate treatment.
In this way, the conditions under
which foreign missions operate in the
United States, can be made to reflect
the conditions under which missions
of the United States are required to
operate in the countries represented
by such foreign missions.
Such conditions occur because for-
eign missions operating in the United
States are currently free to negotiate
services and benefits independent of
any government sanctions within our
free enterprise economy. U.S. missions
abroad are often subject to govern-
ment controls and whims. These mani-
fest themselves in the form of inflated
hotel rates, and other charges for dip-
lomats, various discriminatory import
duties, and taxes on heating oil,
among other things. --
Many nations have diplomatic serv-
ice bureaus which exist solely to pro-
vide or regulate services to foreign
missions and prevent contact with in-
dividual service organizations. Section
119 of this bill simply provides the
United States with a similar office
which would provide the means to en-
force reciprocity and carry out our ob-
ligations in a more effective manner.
As a result, the foreign governments
and entities represented by missions in
the United States will have an incen-
tive to provide governments and enti-
ties fair, equitable, and nondiscrimina-
tory treatment to U.S. missions and
personnel in their territories. This, in
turn, will contribute to significant sav-
ings in the costs of operating U.S. mis-
sions overseas, improved morale and
working conditions for U.S. personnel,
and mutual respect in U.S. bilateral
and multilateral relations. These au-
thorities may also be applied to inter-
national organizations where neces-
sary to give effect to the policy of this
legislation.
The bill also make changes in cer-
tain administrative authorities to
enable the agencies to adapt to
changes in international monetary
conditions and to more efficiently dis-
charge their responsibilities. Some of
these are money saving provisions.
One would cut down on U.S. Govern-
ment insurance costs covering employ-
ees involved in short term State De-
partment and ICA projects overseas.
Another ? provision authorizes the
State Department and USICA to enter
into multiyear contracts when such
contracts can be negotiated at lower
costs than may be realized in contracts
which must be renegotiated annually.
As I previously stated, a revenue-rais-
ing provision has also been included
which eliminates the statutory charge
attached to passport issuance in favor
of flexibility in determining fees
which reflect increasing costs. This
provision would extend the period of
passport validity from 5 to 10 years.
Another provision would clarify exist-
ing State Department. offset adverse
fluctuations in foreign currency ex-
change rates and overseas wage and
price changes by authorizing a buying
power maintenance fund in the De-
partment, which will enable the De-
partment to meet overseas operating
needs in a timely manner that will Total .............................. -? ?????. 561;402
insure more efficient use of the funds For all of these reasons, Mr. Chair-
provided to the Department of State. man, I would hope that my colleagues
Other provisions are: First, provide could enthusiastically support the au-
for an ex gratia payment to the Gov-. thorization bill as it is now printed
ernment of Yugoslavia for inquires in- before them, the appropriation bill
curred by a Yugoslav national in New having already been considered and
York City; Second, provide payments having passed the House last week.
of U.S. assessments to the Pan Ameri- Mr. ROTH. Mr. Chairman, will the
yield to the gentle-
can Institute of Geography and Histo- gentleman yield? Mr. FASCELL. ry, the Hague Conference on Private man n from m Wisconsin.
International Law, the International Mr. ROTH. I thank the gentleman
Institute for the Unification of Private for yielding.
Law, and the Pan American Railway I wish to compliment the gentleman
Congress; third, provide. for a single from Florida (Mr. FA5cEZ.L), who is the
U.S. representative in Vienna to repre- chairman of our Subcommittee on In-
sent U.S. interests in a variety 'of inter- ternational Operations, and our fine
national organizations; fourth, allow committee staff, for the wonderful job
private sector experts to serve on U.S. they have done.
delegations to international telecom- We hear so much about how many
munications meetings and confer- billions we are going to spend on de-
ences; and fifth, provide for the distrt- fense to build up our military, on how
bution within the United States of the many billions we are to spend to pro-
ICA film "Reflections: Samuel Eliott mote peace. Yet the most important
Morison." issue for peace, I think, facing this
I would also like to mention that, country, as leader of the free world, is
due to a clerical error, the authoriza- determining how we are going to influ-
tion for ICA's special foreign currency ence the views of the peoples of the
account was not broken down in the world regarding democracy and in par-
budget table as a separate account. Al- titular of America.
though it is included in the total, it We can have all the weapons and
was grouped with the Agency's acqui- military hardware in the world, but
sition and construction account. For nothing can compare to what people
the record, I have included with this think, and we are not doing enough in
statement, a revised budget chart, that area.
breaking out the $11,451,000 in ICA's The Soviets spend billions of dollars
special foreign currency account. on their propaganda apparatus. Infor-
mation stressing the Soviet point of
This account covers local costs in view is disseminated throughout the
countries where the Treasury Depart- world in every format: Radio, - televi-
ment finds that the supply of U.S: sion, and the printed word. Thousands
owned foreign currencies is excess to of students are brought to the Soviet
the normal requirements of the U.S. Union, thereby gaining firsthand ex-
Government. ICA has requested an in- posure to the Soviet view of the world.
crease of $848,000 for 1982 over the The American effort in this field has
1981 amount. These funds will be used steadily declined. We spend today, in
to cover local rates for rent and utili- real-dollar terms, less than half of
ties and other local operating costs, what we spent in the mid-1960's on our
wages for foreign national employees, public diplomacy efforts. We know, be-
and payments to the Department of cause of public opinion surveys and
State for shared administrative sup- through interviews with refugees, that
port services. This authorization in- American information sources fill a
volves no actual budgetary outlays. It void in many parts of the world. We
merely permits the Agency to utilize offer correct, accurate, and timely in-
excess foreign currencies which are in formation on important subjects. Yet
U.S. account overseas. without the proper level of funding,
Thousands our public diplomacy cannot keep
Salaries and expenses: pace.
Overseas missions ........................... $146,194 In the race for ideas and for world
Exchange of persons ...................... 92,380 public opinion, we face a challenge
from the Soviets just as we face a
Broadcasting service ...................... 106,669 challenge in the field of armaments.
Program coordination, produc- On idealogical grounds, we here in
tion, and support ......................... 39,456 America have an excellent foundation.
Agency direction and manage- We have a democracy which reflects
ment ............................................:. 33,412 the will of the citizens of this Nation.
Administrative support from The people of America are in control
other agencies .............................. 34,076 of their destiny. There are priviliges
Subtotal ........................................ 452,187 and rights denied to millions around
Salaries and expenses (special the world. No matter how much
foreign currency program)........ 11,451 money the Soviets put into their pro-
Center for Cultural and Techni-
cal Interchange Between East
and West ....................................... 16,880
Acquisition and construction of
radio facilities .............................. 80,884
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paganda effort, they cannot hide the
fact that personal freedom and liberty
disappear under a communist system.
We have a success story to broadcast
to the world. Our democracy works,
and we must be willing to fund pro-
grams which will. tell the world that
the democracy] of America is more
than a match for the repressive re-
gimes which are threatening freedom
throughout the world. The ideas
which we have long cherished are the
most powerful weapons in the world.
Although the commitment of this
country to public diplomacy has de-
clined in recent years. I want to com-
mend the chairman of our subcommit-
tee for persevering these many years
and bringing this story home to the
American people.
Mr. FASCELL. I thank the gentle-
man for his interest and his comments
and I agree with the gentleman. I
think there is a new awareness in this
Congress, among the American people
on the importance and necessity of
our diplomatic service, of the Interna-
tional, Communication Agency, the
Voice of America, the Board for Inter-
national Broadcasting and how vital
they are to our own security to tell
this story, to continue to persuade.
And the old axiom about the power of
the pen is still a very powerful one.
A thought is still the strongest
weapon that exist.
Mr. Chairman, I yield such time as
he may consume to the gentleman
from Wisconsin (Mr. ZABLocKI), who is
the chairman of the full committee.
(Mr. ZABLOCKI asked and was
given permission to revise and extend
his remarks.)
Mr. ZAB OCKI. Mr. Chairman. I
rise in support of H.R. 3518, author-
izing appropriations for the Depart-
nient of State, the International Com-
munication Agency, the Board for In-
ternational Broadcasting,! and the
Inter-American Foundation.
At the outset, I want to take this op-
pbrtunity to commend the distin-
guished chairman of the subcommit-
tee on' International Operations. Mr.
FABCEI4 and the distinguished ranking
minority member of the subcommit-
tee, Mr. DERWINSKI, and member of
the Foreign Affairs Committee, Mr.
BROOMFIELD, for their leadership in
bringing this vitally important author-
izing legislation to the floor. I also
want to thank the distinguished chair-
man of the District of Columbia Com-
mittee, the gentleman from California
(Mr. DELLums) for his cooperation
with respect to section 201 of the bill
dealing with foreign missions.
The gentleman from Florida has al-
ready ably explained in detail the var-
ious provisions contained in H.R. 3518,
so I will not elaborate on them. How-
ever, I would like to make the follow-
ing points.
First, as a 2-year authorization this
bill follows the intent and spirit of the
budget act by setting fiscal guidelines
for future years, thus permitting ad-
vance planning by the departments.
CONGRESSIONAL, RECORD - HOUSE September 17, 1981
Second, H.R. 3518 reconciles budg-
etary constraints with the needs of
our foreign affairs agencies. In that re-
spect it authorizes the exact amounts
requested by the President for fiscal
year 1982. For fiscal year 1983 the
amounts, which in some instances are
in excess of the President's request,
remain within the constraints of the
Budget Reconciliation Act.
Third, this bill authorizes funds for
the State Department and other inter-
national agencies that have proven to-
be the United States' first line of de-
fense. While the Department of De-
fense has increased its budget, the De-
partment of State has closed consul-
ates and has suffered a reduction in
personnel while its workload has in-
creased as a result of lack of funds.
The resulting closing of consulates is a
serious matter which affects U.S. abili-
ty in the areas of trade, security, and
intelligence.
This is why the committee felt that
it was wise to increase modestly funds
for salaries and. expenses and other
personnel matters so that the Depart-
ment of State and the other interna-
tional agencies will be able to conduct
their vitally important dipomatic
work, which serves to increase U.S. se-
curity interests through peaceful
means.
Mr. Chairman, -1 urge the adoption
of this bill.
Mr. BROOMFIELD. Mr. Chairman,
I yield myself such time as I may con-
sume.
(Mr. BROOMFIELD asked and was
given permission to revise and extend
his remarks.)
Mr. BROOMFIELD. Mr. Chairman,
I would like to praise the excellent
work of Chairman ZABLOCKI, Subcom-
mittee Chairman FASCELL, and the
ranking minority member on the sub-
committee, Mr. DERwINSxI, in oversee-
ing the State Department. authoriza-
tion bill.
I wholeheartedly support H.R. 3518.
The bill, as reported from the Foreign
Affairs Committee, proposes a modest
increase in spending for the State De-
partment, International Communica-
tion Agency, and the Board for Inter-
national Broadcasting. While the com-
mittee fully appreciated the need for
budget austerity, and for that reason
kept the authorization to the mini-
mum necessary to do the job, the com
mittee also realized that the foreign
affairs budget process has over the
years seriously eroded the effective-
ness of our foreign affairs agencies.
For example, the State Department is
the only Cabinet Department which
has fewer positions now than it did in
1959. The number of political and eco-
nomic officer positions has decreased
by 12 percent in the last 10 years, Yet
the number of countries that we main-
tain relations with has jumped from
85 in 1959 to 146 today. Furthermore,
due to the enormous increase in travel
abroad by American tourists, consular
work has increased by 900 percent.
The need for U.S. representation in in-
ternational organizations has also
grown as more international bodies
have come into existence. With regard
to the International Communication
Agency, it operates in real dollar terms
with less than 50 percent of the fund-
ing it had 15 years ago. This amount is
far less than the amount spent by our
ideological opponents. Not only are we
unduly restricting ourselves in getting
the American message abroad, but the
number of scholarships that we grant
for foreign students to study in the
United States, thereby learning the
values of freedom and democracy, are
miniscule compared to the number
granted by the Soviet bloc.
In short, we must not jeopardize our
ability to protect the national security
by providing only insufficient re-
sources. We must improve our moni-
toring of overseas political events and
we need to carefully evaluate the re-
percussions of economic fluctuations
in developing areas. Additionally, it is
important that Americans traveling
abroad, on business or for pleasure,
have access to effective protective
services on a timely basis.
I fully endorse H.R. 3518, as report-
ed, and encourage my House col-
leagues to do likewise.
Mr. Chairman, I yield 3 minutes to
the gentleman from Delaware (Mr.
EVANS).
Mr. EVANS of Delaware. Mr. Chair-
man, I rise in strong support of H.R.
3518. I would like to congratulate the
gentleman from Florida (Mr. FASCELL)
for his statement and his support of
ICA; the chairman of the committee,
the gentleman from Wisconsin (Mr.
ZABLOCxI), and certainly the ranking
minority member. the gentleman from
Michigan (Mr. BRooMFIELD).
I would also like to take this oppor-
tunity to commend the administration
in their conduct of our Nation's for-
eign policy. We have turned away
from, at times, inconsistent and some-
times incoherent foreign policy which
was lacking in credibility.
I do not mean to suggest that we
have achieved a utopian foreign
policy. but we are certainly headed in
the right direction and already there
is increasing respect for America
around the world. Suddenly we are
talking with our allies and our oppo-
nents with new strength and purpose.
The awareness of that strength has in-
creased our credit with our allies and
gained, however grudgingly, the re-
spect of our opponents.
Such grudging respect surely was
the motive behind Fidel Castro's bi-
karre attack on America at the unlike-
ly forum of an international meeting
of parliamentarians a few days ago.
In H.R. 3518, I am especially pleased
that the committee has made a firm
commitment to our international
broadcasting efforts. This measure au-
thorizes increases in the budgets for
Radio Free Europe, Voice of America
and Radio. Liberty recommended by
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September 17, 1981 CONGRESSIONAL RECORD - HOUSE
the administration for the coming
year.
Mr. Chairman, these broadcasts are
an important part of oui' national de-
fense, and, therefore, an essential ele-
ment in our Nation's national security.
They are nonmilitary, cost effective
and employable now.
One of the problem we have had in
our dealing with other nations is that
we are often misunderstood by their
people. I believe it would be incredibly
foolish in these times for us not to in-
crease our efforts in getting our mes-
sage across. We do not need, nor do we
want, a propaganda agency. We do not
have to improve on the truth because
our ideas and accomplishments speak
for themselves.
This is, I believe, our greatest advan-
tage. We need not color the truth but
merely relay it to the world'in a strong
and clear voice.
As Thomas Jefferson said in speak-
ing of the University of Virginia, and I
believe those words apply to our coun-
try as well, "Here we are not afraid to
follow the truth, wherever. it may lead
so long as reason is free to combat it."
He believed, as I do, that the truth
will always win over lies, but it is criti-
cal that Ave get that truth through.
The Soviets spend as much money
jamming our radios as we do broad-
casting and obviously we must be
having an impact they do not like.
Therefore, the importance of our ef-
forts in this field cannot be underesti-
mated.
The CHAIRMAN. The time of the
gentleman from Delaware (Mr. EVANS)
has expired.
Mr. BROOMFIELD. Mr. Chairman,
I yield 1 additional minute to the gen-
tleman from Delaware.
Mr. EVANS of Delaware. For mil-
lions of our people, our international
broadcasts are their only source of
truthful information about actions by
their Government. It was a UPI story
about a year ago from Moscow which
illustrated well the power of our inter-
national broadcasts. It stated that-
Andrei Sakharov's exile means sitting long
hours at a bare wooden table listening to
the Voice of America, often, according to his
wife, learning for the first time the details
of his banishment.
That story reflects vividly the value
of the program, and this legislation
demonstrates that we will not fail in
our responsibility to the millions of
people in the world who hunger for
the truth.
I compliment the committee on their
fine work and urge my colleagues to
support this important legislation.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. EVANS of Delaware. I yield to
the distinguished gentleman from
Florida.
Mr. FASCELL. I thank the gentle-
man for yielding.
I want to thank the gentleman for
his very fine statement. We just
cannot keep saying too much, reiterat-
ing what the gentleman has said in his
statement. We have just got to keep
doing that until we get the recogni-
tion, not only here, and I think it is
here in this Congress, and certainly is
in the administration.
Mr. BROOMFIELD. Mr. Chairman,
I have no further requests for time.
Mr. FASCELL. Mr. Chairman, I
have no further requests for time, and
I yield back the balance of my time.
The CHAIRMAN. Pursuant to the
rule, the Clerk will read the bill by
title.
The Clerk read as follows:
H.R. 3518
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled,
TITLE I- DEPARTMENT OF STATE
SHORT TITLE
SEC. 101. This title may be cited as the
"Department of State Authorization Act,
Fiscal Years 1982 and 1983".
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 102. There are authorized to be ap-
propriated for the Department of State to
carry out the authorities, functions, duties,
and responsibilities in the conduct of the
foreign affairs of the United States and
other purposes authorized by law, the fol-
lowing amounts:
(1) For "Administration of Foreign Af-
fairs", $1,318,754,000 for the fiscal year 1982
and $1,744,391,000 for the fiscal year 1983.
(2) For "International Organizations and
Conferences", $563,806,000 for the fiscal
year 1982 and $554,436,000 for the fiscal
year 1983.
(3) For "International Commissions",
$22,508,000 for the fiscal year 1982 and
$24,759,000 for the fiscal year 1983.
(4) For "Migration and Refugee Assist-
ance", $553,100,000 for the fiscal year 1982
and $555,600,000 for the fiscal year 1983.
PALESTINIAN RIGHTS UNITS
SEC. 103. Funds appropriated under para-
graph (2) of section 102 of this Act may not
be used for payment by the United States,
as its contribution toward the assessed
budget of the United Nations for any year,
of any amount which would cause the total
amount paid by the United.States as its as-
sessed contribution for,that year to exceed
the amount assessed as the United States
contribution for that year less-
(1) 25 per centum of the amount budgeted
for that year for the Committee on the Ex-
ercise of the Inalienable Rights of the Pal-
estinian People (or any similar successor
entity), and
(2) 25 percentum of the amount budgeted
for that year for the Special Unit on Pales-
tinian Rights (or any similar successor
entity).
EX GRATIA PAYMENT
SEC. 104. Of the amount appropriated for
the fiscal year 1982 under paragraph (1) of
section 102 of this Act, $81,000 shall be
available for payment ex gratis to the Gov-
ernment of Yugoslavia as an expression of
concern by the United States Government
for the injuries sustained by a Yugoslav na-
tional as a result of an attack on him in New
York City.
ASSISTANCE FOR REFUGEES SETTLING IN ISRAEL
SEC. 105. Of the amounts authorized to be
appropriated by paragraph (4) of section
102 of this Act, $12,500,000 for the fiscal
year 1982 and $15,000,000 for the fiscal year
1983 shall be available only for assistance
for the resettlement in Israel of refugees
from the Union of Soviet Socialist Repub-
H 6337
lics and from Communist countries in East-
ern Europe.
BILATERAL SCIENCE AND TECHNOLOGY
AGREEMENTS
SEC. 106. In addition to the amounts au-
thorized to be appropriated by section 102
of this Act, there are authorized to be ap-
propriated to the Secretary of State
$3,700,000 for the fiscal year 1982 and
$3,700,000 for the fiscal year 1983 for pay-
ment of the United States share of expenses
of the science and technology agreements
between the United States and Yugoslavia
and between the United States and Poland.
CURRENCY FLUCTUATIONS
SEC. 107. (a) Section 24(b) Of the State De-
partment Basic Authorities Act of 1956 (22
U.S.C. 2696(b)), is amended to read as fol-
lows:
"(b)(1) In order to maintain the levels of
program activity provided for each fiscal
year by the annual authorizing legislation
for the Department of State, there are au-
thorized to be appropriated for the Depart-
ment such sums as may be necessary to
offset adverse fluctuations in foreign cur-
rency exchange rates, or overseas wage and
price changes, which occur after November
30 of the calendar year preceding the enact-
ment of the authorizing legislation for such
fiscal year.
"(2) In order to eliminate substantial
gains to the approved levels of overseas op-
erations, the Secretary of State may trans-
fer to the appropriation account established
under paragraph (1) of this subsection such
amounts in other appropriation accounts
under the heading 'Administration of For-
eign Affairs' as the Secretary determines
are excessive to the needs of the approved
level of operations because of fluctuations
in foreign currency exchange rates or
changes in overseas wages and prices.
"(3) Funds transferred from the appropri-
ation account established under paragraph
(1) shall be merged with and be available for
the same purpose, and for the same time
period, as the appropriation account to
which transferred; and funds transferred to
the appropriation account established under
paragraph (1) shall be merged with and
available for the purposes of that appropri-
ation account until expended. Any restric-
tion contained in an appropriation Act or
other provision of law limiting the amounts
available for. the Department of State that
may be obligated or expended shall be
deemed to be adjusted to the extent neces-
sary to offset the net effect of fluctuations
in foreign currency exchange rates or over-
seas wage and price changes in order to
maintain approved levels.".
(b) Section 704(c) of the United States In-
formation and Educational Exchange Act of
1948 (22 U.S.C. 1477b(c)) is amended by
striking out "preceding" and inserting in
lieu thereof "calendar year preceding the
enactment of the authorizing legislation for
such".
(c) Section 8(a)(2) of the Board for Inter-
national Broadcasting Act of 1973 (22 U.S.C.
2287(a)(2)) is amended by striking out "pre-
ceding" in the first sentence and inserting
in lieu thereof "calendar year preceding the.
enactment of the amendments to paragraph
(1) which provide the authorization for
such".
(d) The amendments made by this section
shall take effect on October 1, 1981.
PASSPORT FEES AND PERIOD OF VALIDITY
SEC. 108. (a) The first sentence of section
1 under the heading "Fees for Passports and
Visas" of the Act of June 4, 1920 (22 U.S.C.
214), is amended to read as follows: "There
shall be collected and paid into the 'Treas-
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CONGRESSIONAL RECORD - HOUSE September 17, 1981
ury of the United States a fee, prescribed by
the Secretary of State by regulation, for
each passport issued and a fee, prescribed
by the Secretary of State by regulation, for
executing each application for a passport.".
(b)(1) Section 2 of the Act entitled "An
Act to regulate the issue acid validity of
passports, and for other purposes", ap-
proved July 3, 1926 (22 U.S.C. 217a), is
amended to read as follows:
"SEC. 2. A passport shall be valid for a
period of ten years from the date of issue,
except that the Secretary of State may limit
the validity of a passport to a period of less
than ten years in an individual case or on a
general basis pursuant to regulation.".
(2) The amendment made by this subsec-
tion applies with respect to passports issued
after the date of enactment of this Act.
DOCUMENTATION OF CITIZENSHIP
SEC. 109. The State Department Basic Au-
thorities Act of 1956 is amended by insert-
ing the following new section 33 immediate-
ly after section 32 and by redesigning exist-
ing section 33 as section 34:
"SEC. 33. The following documents shall
have the same force and effect as proof of
United States citizenship as certificates of
naturalization or of citizenship issued by
the Attorney General or by a court having
naturalization jurisdiction:
"(1) A passport, during its period of valid-
ity (if such period is the maximum period
authorized by law), issued by the Secretary
of State to a citizen of the United States.
"(2) The report, designated as a'Report of
Birth Abroad of a Citizen of the United
States', issued by a consular officer to docu-
ment a citizen born abroad.".
PAN AMERICAN INSTITUTE OF GEOGRAPHY AND
HISTORY
SEC. 110. Paragraph (1) of the first section
of the joint resolution entitled "Joint reso-
lution to provide for membership of the
United States in the Pan American Institute
of Geography and History; and to authorize
the President to extend an invitation for
the next general assembly of the institute
to meet in the United States in 1935, and to
provide appropriation for expenses there-
of", approved August 2, 1935 (22 U.S.C. 273),
is amended by striking out ", not to exceed
$200,000 annually,".
INTERNATIONAL INSTITUTE FOR THE UNIFICA-
TION OF PRIVATE LAW AND THE HAGUE CON-
FERENCE ON PRIVATE INTERNATIONAL LAW
SEC. 111. Section 2 of the joint resolution
entitled "Joint resolution to provide for par-
ticipation by the Government of the United
States in the Hague Conference on Private
International Law and the International
(Rome) Institute for the Unification of.Pri-
vate Law, and authorizing appropriations
therefor", approved December 30, 1963 (22
U.S.C. 269g-1), is amended by striking out ",
except that" and all that follows through
"that year".
PAN AMERICAN RAILWAY CONGRESS
SEC. 112. Section 2(a) of the joint resolu-
tion entitled "Joint resolution providing for,
participation by the Government of the
United States in the Pan American Railway
Congress, and authorizing an appropriation
therefor approved June 28, 1948 (22 U.S.C.
280k), is amended by striking out "Not more
than $15,000 annually" and inserting in lieu
thereof "Such sums as may be necessary".
UNITED STATES REPRESENTATIVE TO
INTERNATIONAL ORGANIZATIONS IN VIENNA
SEC. 113. Section 2 of the United Nations
Participation Act of 1945 (22 U.S.C. 287) is
amended by adding at the end thereof the
following new subsection:
"(h) The President, by and with the
advice and consent of the Senate, shall ap-
point a representative of the United States
to the Vienna office of the United Nations
with appropriate rank and status, who shall
serve at the pleasure of the President and
subject to the direction of the Secretary of
State. Such individual shall, at the direction
of the Secretary of State, represent the
United States at the Vienna office of the
United Nations and perform such other
functions there in connection with the par-
ticipation of the United States in interna-
tional organizations as 'the Secretary of
State from time to time may direct.".
LIVING QUARTERS FOR THE STAFF OF THE
UNITED STATES REPRESENTATIVE TO THE
UNITED NATIONS
SEC. 114. Section 8 of the United Nations
Participation Act of 1945 (22 U.S.C. 287e) is
amended-
(1) by striking out "representative of the
United States to the United Nations re-
ferred to in paragraph (a) of section 2
hereof" and inserting in lieu thereof "repre-
sentatives provided for in section 2 of this
Act and of their appropriate staffs"; and
(2) by adding at the end thereof the fol-
lowing: "Any payments made by United
States Government personnel for occupancy
by them of living quarters leased or rented
under this section shall be credited to the
appropriation, fund, or account utilized by
the Secretary of State for such lease or
rental or to the appropriation, fund, or ac-
count currently available for such pur-
pose.".
AMENDMENTS CORRECTING PRINTING ERRORS
SEC. 115. The Foreign Service Act of 1980
is amended-
(1) in section 704(b)(2) (22 U.S.C.
402(a)(2)) by striking out "411" and insert-
ing in lieu thereof "412"; and
(2) in section 814(a)(3) (22 U.S.C.
4054(ai(3)) by striking out "on" the second
place it appears in the first sentence and in-
serting in lieu thereof "or".
PRIVATE SECTOR REPRESENTATIVES ON UNITED
STATES DELEGATIONS TO INTERNATIONAL
TELECOMMUNICATIONS MEETINGS AND CON-
FERENCES
SEC. 116. (a) Sections 203, 205, 207, and 208
of title 18, United States Code, shall not
apply to a private sector representative on
the United States delegation to an interna-
tional telecommunications meeting or con-
ference who is specifically designated to
speak on behalf of or otherwise represent
the interests of the United States at such
meeting or conference with respect to a par-
ticular matter, if the Secretary of State (or
his designee) certifies that no Government
employee on the delegation is as well quali-
fied to represent United States interests
with respect to such matter and that such
designation serves the national interest. All
such representatives shall have on file with
the Department of State the financial dis-
closure report required for special Govern-
ment employees.
(b) As used in this section, the term "in-
ternational telecommunications meeting or
conference" means the conferences of the
International Telecommunications Union,
meetings of its International Consultative
Committees for Radio and for Telephone
and Telegraph, and such other internation-
al telecommunications meetings or confer-
ences as the Secretary of State may desig-
nate.
PROCUREMENT CONTRACTS
SEC. 117. The State Department Basic Au-
thorities Act of 1956 is amended by insert-.
ing the following new section immediately
after section 13:
"SEC. 14. (a) Any contract for the procure-
ment of property or services, or both, for
the Department of State or the Foreign
Service which is funded on the basis of
annual appropriations may nevertheless be
made for periods not in excess of five years
when-
"(1) appropriations are available and ade-
quate for payment for the first fiscal year
and for all potential cancellation costs; and
"(2) the Secretary of State determines
that-
"(A) the need of the Government for the
property or service being acquired over the
period of the contract is reasonably firm
and continuing;
"(B) such a contract will serve the best in-
terests of the United States by encouraging
effective competition or promoting econo-
mies in performance and operations; and
"(C) such a method of contracting will not
inhibit small business participation.
"(b) In the event that funds are not made
available for the continuation of such a con-
tract into a subsequent fiscal year, the con-
tract shall be cancelled and any cancellation
costs incurred shall be paid from appropri-
ations originally available for the perform-
ance of the contract, appropriations cur-
rently available for the acquisition of simi-
lar property or services and not otherwise
obligated, or appropriations made for such
cancellation payments.".
COMPENSATION FOR DISABILITY OR DEATH
SEC. 118. The State Department Basic Au-
thorities Act of 1956 is amended by insert-
ing the following new section immediately
after section 15:
SEC. 16. The first section of the Act of
August 16, 1941 (42 U.S.C. 1651; commonly
known as the Defense Base Act) shall not
apply with respect to such contracts as the
Secretary of State may determine which are
contracts with persons employed to perform
work for the Department of State or the
Foreign Service on an intermittent basis for
not more than 90 days in a calendar year.".
REGULATION OF FOREIGN MISSIONS
SEC. 119. (a) The State Department Basic
Authorities Act of 1956 is amended by strik-
ing out "That the Secretary" in the first
section and inserting in lieu thereof the fol-
"TITLE I-BASIC AUTHORITIES
GENERALLY
"SECTION 1. The Secretary".
(b) That Act is further amended by
adding at the end thereof the following:
"TITLE II-AUTHORITIES RELATING
TO THE REGULATION OF FOREIGN
MISSIONS
"DECLARATION OF FINDINGS AND POLICY
"SEC. 201. (a) The Congress finds that the
operation in the United States of foreign
missions and public international organiza-
tions and the official missions to such orga-
nizations, including the permissible scope of
their activities and the location and size of
their facilities, is a proper subject for the
exercise of Federal jurisdiction.
"(b) The Congress declares that it is the
policy of the United States to support the
secure and efficient operation of United
States missions abroad, to facilitate the
secure and efficient operation in the United
States of foreign missions and public inter-
national organizations and the official mis-
sions to such organizations, and to assist in
obtaining appropriate benefits, privileges,
and immunities for those missions and orga-
nizations and to require their observance of
corresponding obligations in accordance
with international law.
"(c) The, assistance to be provided to a for-
eign mission in the United States shall be
determined after due consideration of the
benefits, privileges, and immunities pro-
vided to missions of the United States in the
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country or territory represented by that for-
eign mission.
"DEFINITIONS
"SEC. 202. (a) For purposes of this title-
"(1) 'benefit' (with respect to a foreign
mission) means any acquisition, or authori-
zation for an acquisition, in the United
States by or for a foreign mission, including
the acquisition of-
"(A) real property by purchase, lease, ex-
change, construction, or otherwise,
"(B) public services, including services re-
lating to customs, importation, and utilities,
and the processing of applications or re-
quests relating to public services,
"(C) supplies, maintenance, and transpor-
tation,
"(D) locally engaged staff on a temporary
or regular basis,
"(E) travel and related services, and
"(F) protective services,
and includes such other benefits as the Sec-
retary may designate;
"(2) 'chancery' means the principal offices
of a foreign mission used for diplomatic or
related purposes, and annexes to such of-
fices (including ancillary offices and support
facilities), and includes the site and any
building on such site which is used for such
purposes;
"(3) 'Director' means the Director of the
Office of Foreign Missions established pur-
suant to section 203(a);
"(4) 'foreign mission' means any official
mission to the United States involving diplo-
matic, consular, or other governmental ac-
tivities of-
"(A) a foreign government, or
"(B) an organization (other than an inter-
national organization, as defined in section
209(b) of this title) representing a territory
or political entity which has been granted
diplomatic or other official privileges and
immunities under the laws of the United
States,
including any real property of such a mis-
sion and including the personnel of such a
mission;
"(5) 'real property' includes any right,
title, or interest in or to, or the beneficial
use of, any- real property in the United
States, including any office or other build-
ing;
"(6) 'Secretary' means the Secretary of
State;
"(7) 'sending State' means the foreign gov-
ernment, territory, or political entity repre-
sented by a foreign mission; and
"(8) 'United States' means, when used in a
geographic sense, the several States, the
District of Columbia, the Commonwealth of
Puerto Rico, and the territories and posses-
sions of the United States.
"(b) Determinations with respect to the
meaning and applicability of the terms used
in subsection (a) shall be committed to the
discretion of the Secretary.
"OFFICE OF FOREIGN MISSIONS
"SEC. 203. (a) The Secretary shall estab-
lish an Office of Foreign Missions as an in-
dependent office within the Department of
State. The Office shall be headed by a Di-
rector, appointed by the Secretary, who
shall perform his or her functions under the
supervision and direction of the Secretary.
The Secretary may delegate this authority
for supervision and direction of the Director
only to the Deputy Secretary of State or an
Under Secretary of State.
"(b) The Secretary may authorize the Di-
rector to-
"(1) assist agencies of Federal, State, and
municipal government with regard to ascer-
taining and according 'benefits, privileges,
and immunities to which a foreign mission
may be entitled;
"(2) provide or assist in the provision of
benefits for or on behalf of a foreign mis-
sion in accordance with section 204; and
"(3) perform such other functions as the
Secretary may determine necessary in fur-
therance of the policy of this title.
"PROVISION OF BENEFITS
"SEC. 204. (a) Upon the request of a for-
eign mission, benefits may be provided to, or'
for that foreign mission by or through the
Director on such terms and conditions as
the Secretary may approve.
"(b) If the Secretary determines that such
action is reasonably necessary on the basis
of reciprocity or otherwise-
"(1) to facilitate relations between the
United States and a sending State,
"(2) to protect the interests of the United
States,
"(3) to adjust for costs and procedures of
obtaining benefits for missions of the
United States abroad, or .
"(4) to assist in resolving a dispute affect-
ing United States interests and involving a
foreign mission or sending State,
then the Secretary may require a foreign
mission (A) to obtain benefits from or
through the Director on such terms and
conditions as the Secretary may approve, or
(B) to comply with such terms and condi-
tions as the Secretary may determine as a
condition to the execution or performance
in the United States of any contract or
other agreement; the acquisition, retention,
or use of any real property; or the applica-
tion for or acceptance of any benefit (in-
cluding any benefit from or authorized by
any Federal, State, or municipal governmen-
tal authority, or any entity providing public
services).
"(c) Terms and conditions established by
the Secretary under this section may in-
clude-
"(1) a requirement to pay to the Director
a surcharge or fee, and
"(2) a waiver by a foreign mission (or any
assignee of or person deriving rights from a
foreign mission) of any recourse against any
governmental authority, any entity provid-
ing public services, any employee or agent
of such an authority or entity, or any other
person, in connection with any action deter-
mined by the Secretary to be undertaken in
furtherance of this title.
"(d) For purposes of effectuating a waiver
of recourse which is required under this sec-
tion, the Secretary may designate the Direc-
tor or any other officer of the Department
of State as the agent of a foreign mission
(or of any assignee of or person deriving
rights from a foreign mission). Any such
waiver by an officer so designated shall for
all purposes (including any court or admin-
istrative proceeding) be deemed to be a
waiver by the foreign mission (or the assign-
ee of or other person deriving rights from a
foreign mission).
"PROPERTY OF FOREIGN MISSIONS
"SEC. 205. (a)(1) The Secretary may re-
quire any foreign mission to notify the Di-
rector prior to any proposed acquisition, or
any proposed sale or other disposition, of
any real property by or on behalf of such
mission. If such a notification is required,
the foreign mission (or other party acting
on behalf of the foreign mission) may initi-
ate or execute any contract, proceeding, ap-
plication, or other action required for the
proposed action-
"(A) only after the expiration of the sixty-
day period beginning on the date of such
notification (or after the expiration of such
shorter period as the Secretary may specify
in a given case); and
"(B) only if the mission is not notified by
the Secretary within that period that the
H 6339
proposal has been disapproved; however,
the Secretary may include in such a notifi-
cation such terms and conditions as the Sec-
retary may determine appropriate in order
to remove the disapproval.
"(2) For purposes of this section, 'acquisi-
tion' includes any acquisition or alteration
of, or addition to, any real property or any
change in the purpose for which real prop-
erty is used by foreign mission.
"(b) The Secretary may require any for-
eign mission to divest itself of, or forego the
use of, any real property determined by the
Secretary-
"(1) not to have been acquired in accord-
ance with this section; or
"(2) to exceed limitations placed on real
property available to a United States mis-
sion in the sending State.
"(c) If a foreign mission has ceased con-
ducting diplomatic, consular, and other gov-
ernmental activities in the United States
and there is not a protecting power or other
agent designated by the sending State and
approved by the Secretary which is respon-
sible for the property of that foreign mis-
sion, the Secretary-
"(1) until the designation of a protecting
power or other agent approved by the Sec-
retary, may protect and preserve any prop-
erty of that foreign mission; and
"(2) may authorize the Director to dispose
of such property at such time as the Secre-
tary may determine after the expiration of
the one-year period beginning on the date
that the foreign mission ceased those activi-
ties, and may remit to the sending State the
net proceeds from such disposition.
"LOCATION OF FOREIGN MISSIONS
"SEC. 206. (a) In order to ensure the ful-
fillment of the international obligations of
the United States and fulfillment of the
policy of this title, and to ensure the orderly
development of the national capital, the lo-
cation, height, bulk, number of stories, and
size of any building or other real property
of a foreign mission in the District of Co-
lumbia, and the provision for open space in
and around any such building or other prop-
erty, shall be subject to approval by the Na-
tional Capital Planning Commission (here-
after in this section referred to as the 'Com-
mission'). This subsection does not apply
with respect to a building or other real
property of a foreign mission if the Commis-
sion determines that the property will only
be used by a party other than a foreign mis-
sion and will only be used for activities that
do not involve the diplomatic, consular, or
other governmental activities of a foreign
mission.
"(b) Any determination by the Commis-
sion pursuant to subsection (a) of this sec-
tion which involves approval of the location
of or .a use of real property for a chancery,
or involves approval of site and building
plans for a chancery, shall be considered
rulemaking under section 553 of title 5,
United States Code, and shall be based
solely on the following criteria:
"(1) the Federal interest;
"(2) the chancery is in an area (A) of pre-
dominantly office use, (B) of mixed use, in-
cluding residential, commercial, office, or in-
stitutional use, (C) of medium or high densi-
ty residential use, or (D) in reasonable prox-
imity to streets on which existing chancer-
ies are concentrated;
"(3) historic preservation (as determined
in accordance with regulations issued by the
Commission in carrying out this section);
"(4) the extent to which the area will be
served by public transit to reduce parking
requirements;
"(5) the extent to which the area will have
adequate public facilities, utilities, and serv-
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ices, including streets, street lighting, water,
sewer, electricity, telephone, and refuse col-
lection;
"(6) the area is capable of being adequate-
ly protected, as determined by a Federal
agency authorized to perform protective
services; and
"(7) the municipal interest.
Any other determination by the Commis-
sion with respect to real property of a for-
eign mission pursuant to subsection (a) of
this section shall be based solely on the cri-
teria specified in paragraphs (1), (3). (6),
and (7), and such other criteria as the Com-
mission may by regulation establish.
"(c) In any proceeding with respect to real
property of a foreign mission pursuant to
subsection (a) of this section-
"(1) a determination by the Secretary as
to the Federal interest shall be given sub-
stantial weight; and
"(2) a determination by the Mayor of the
District of Columbia as to the municipal in-
terest shall be given substantial weight.
"(d) In any proceeding with respect to real
property of a foreign mission pursuant to
subsection (a) of this section, the final de-
termination with respect to approved of a
location or use or approval of site and build-
ing plans shall be made not later than five
months after the date of filing an applica-
tion for such approval.
"PREEMPTION
"SEC. 207. Notwithstanding any other pro-
vision of law, no act of any Federal agency
or of any State or municipal governmental
authority shall be effective to confer or
deny any benefits with respect to any for-
eign mission contrary to this title.
"GENERAL PROVISIONS
"SEC. 208. (a) The Secretary may issue
such regulations as the Secretary may de-
termine necessary to carry out the policy of
this title.
"(b) Compliance with any regulation, in-
struction, or direction issued by the Secre-
tary under this title shall to the extent
thereof be a full acquittance and discharge
for all purposes of the obligation of the
person making the same. No person shall be
held liable in any court or administrative
proceeding for or with respect to anything
done or omitted in good faith in connection
with the administration of, or pusuant to
and in reliance on, this title, or any regula-
tion, instruction, or direction issued by the
Secretary under this title.
"(c) For purposes of administering this
title, the Secretary may-
"(1) accept details and assignments of -em-
ployees of Federal agencies to the Office of
Foreign Missions on a reimbursable or non-
reimbursable basis (with any such reim-
bursements to be credited to the appropri-
ations made available for the salaries and
expenses of officers and employees of the
employing agency); and
"(2) obtain without regard to the provi-
sions of law governing appointments in the
competitive service, by appointment or con-
tract (subject to availability of funds), the
services of individuals to provide technical
and professional services which are not oth-
erwise available and which are required to
carry out the functions of the Director.
"(d) Contracts and subcontracts for sup-
plies or services (except for personal serv-
ices), made by or on behalf of the Director,
shall be made after advertising, in such
manner and at such times as the Secretary
shall determine to be adequate to ensure
notice and opportunity for competition,
except that advertisement shall not be re-
quired when (1) the Secretary determines
that it is impracticable or will not permit
timely performance to obtain bids by adver-
CONGRESSIONAL RECORD - HOUSE September 17, 1981
tising, or (2) the aggregate amount involved
in a purchase of supplies or procurement of
services does not exceed $10,000. Such con-
tracts and subcontracts may be entered into
without regard to laws and regulations oth-
erwise applicable to solicitation, negotiation,
administration, and performance of govern-
ment contracts. In awarding contracts, the
Secretary may consider such factors as rela-
tive quality and availability of supplies or
services and the compatability of the sup-
plies or services with implementation of this
title.
"(e) The head of any Federal. agency may,
for purposes of this title-
"(1) transfer or loan any property to, and
perform administrative and technical sup-
port functions and services for the oper-
ations of, the Office of Foreign Missions
(with reimbursements to agencies under
this paragraph to be credited to the current
applicable appropriation of the agency con-
cerned); and
"(2) acquire and accept services from the
Office of Foreign Missions, including (when-
ever the Secretary determines it to be in
furtherance of the purposes of this title) ac-
quisitions without regard to laws normally
applicable to the acquisition of services by
such agency.
"(f) Assets of or under the control of the
Office of Foreign Missions, wherever situ-
ated, which are used by or held for the use
of a foreign mission shall not be subject to
attachment, execution, injunction, or simi-
lar process, whether intermediate or final.
"(g) Except as otherwise provided, any de-
termination required under this title shall
be committed to the discretion of the Secre-
tary. Except as provided in the first sen-
tence of section 206(b), actions taken under
the authority of this title shall not be con-
sidered rulemaking within the meaning of
section 553 of title 5, United States Code.
"(h)(1) In order to implement this title,
the Secretary may transfer such amounts
available to the Department of State as may
be necessary to the working capital fund es-
tablished by section 13 of this Act.
"(2) Notwithstanding any other provision
of law, all revenues, including proceeds from
gifts and donations, received by the Director
or the Secretary in carrying out this title
may be credited to the working capital fund
established by section 13 of this Act and
shall be available for purposes of this title
in accordance with that section.
"APPLICATION TO PUBLIC INTERNATIONAL ORGA-
NIZATIONS AND OFFICIAL MISSIONS TO SUCH
ORGANIZATIONS
SEC. 209. (a) The Secretary may make sec-
tion 206, or any other provision of this title,
applicable with respect to an international
organization to the same extent that it is
applicable with respect-to a foreign mission
If the Secretary determines, after consulta-
tion with the international organization,
that such application is necessary to carry
out the policy set forth in section 201(b)
and to further the objectives set forth in
section 204(b).
"(b) For purposes of this section, 'interna-
tional organization' means-
"(1) a public international organization
designated as such pursuant to the Interna-
tional Organizations Immunities Act (22
U.S.C. 288-288f-2) or other law authorizing
such status; and
"(2) an official mission (other than a
United States mission) to such apublic inter-
national organization,
including any real property of such an orga-
nization or mission and including the per-
sonnel of such an organization or mission.
"PRIVILEGES AND IMMUNITIES
"SEC. 210. Nothing in this title shall be
construed to limit the authority of the
United States to carry out its international
obligations, or to supersede or limit immuni-
ties otherwise available by law. No act or
omission by any foreign mission, public in-
ternational organization, or official mission
to such an organization, in compliance with
this title, shall be deemed to be an implied
waiver of any immunity otherwise provided
for by law.
"ENFORCEMENT
"SEC. 211. It shall be unlawful for any
person to make available any benefits to a
foreign mission contrary to this title. This
section shall be enforceable in any appropri-
ate district court of the United States by in-
junctive or other equitable relief upon ap-
plication by the Attorney General.
"SEVERABILITY
"SEC. 212. If any provision of this title or
the application thereof to any person or cir-
cumstance is held invalid, the remainder of
this title and the application of such provi-
sion to any other person or circumstance
shall not be affected thereby.".
(c) Section 13 of the State Department
Basic Authorities Act of 1956 (22 U.S.C.
2684) is amended in the first sentence by
striking out "and" following the semicolon
at the end of clause (3), and by inserting im-
mediately before the period at the end
thereof "; and (5) services and supplies to
carry out title II of this Act".
(d)(1) Subparagraph (A) of section 2(1) of
the Diplomatic Relations Act (22 U.S.C.
254a(1)(A)) is amended to read as follows:
"(A) the head of a mission and those
members of a mission who are members of
the diplomatic staff or who, pursuant to
law, are granted equivalent privileges and
immunities,".
(2) Section 3(b) of such Act (22 U.S.C.
254b) is amended to read as follows:
"(b) With respect to a nonparty to the
Vienna Convention, the mission, the mem-
bers of the mission, their families, and dip-
lomatic couriers shall enjoy the privileges
and immunities specified in the Vienna Con-
vention.". -
(3) Section 4 of such Act (22 U.S.C. 254c)
is amended-
(A) by inserting "the mission, the" imme-
diately after "immunities for"; and
(B) by striking out "of any sending state".
(4) Section 1364 of title 28, United States
Code, is amended by striking out "as defined
in the Vienna convention on Diplomatic Re-
lations" and inserting in lieu thereof
"within the meaning of section 2(3) of the
Diplomatic Relations Act (22 U.S.C.
254a(3))".
(c) The Act of June 20, 1938 (Public Law
684, Seventy-Fifth Congress; 52 Stat. 797) is
amended-
(1) in section 6 by striking out "(a)", and
by striking out subsection (b), (c), (d), and
(e); and
(2) in section 16 by adding at the end
thereof the following new sentence: "In ad-
dition, the provisions of this Act shall not
apply to any real property to which section
206(a) of the State Department Basic Au-
thorities Act of 1956 (relating to foreign
missions) is applicable.".
Mr. FASCELL (during the reading).
Mr. Chairman, I ask unanimous con-
sent that title I be considered as read,
printed in the RECORD, and open to
amendment at any point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
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CONGRESSIONAL RECORD -- HOUSE H 6341
DISTRICT OF COLUMBIA COMMITTEE AMENDMENT
The CHAIRMAN. The Clerk will
report the District of Columbia Com-
mittee amendment.
The Clerk read as follows:
District of Columbia Committee Amend-
ment: Page 14, beginning on line 9, strike
out "and the location and size of their facili-
ties".
Page 16, line 9, strike out "section 209(b)"
and insert in lieu thereof "section 208(b)".
Page 22, strike out line 1 and all that fol-
lows through page 24, line 13.
Page 24, line 15, strike out "SEC. 207" and
insert in lieu thereof "SEC. 206".
Page 24, line 21, strike out "SEC. 208" and
insert in lieu thereof "SEC. 207".
Page 27, beginning on line 11, strike out
"Except as provided in the first sentence of
section 206(b), actions" and insert in lieu
thereof "Actions".
Page 28, beginning on line 4, strike out
"SEC. 209. (a) The Secretary may make sec-
tion 206, or any other" and insert in lieu
thereof "SEC. 208. (a) The Secretary may
make any".
Page 29, line 2, strike out "SEC. 210" and
insert in lieu thereof "SEC. 209".
Page 29, line 11, strike out "SEC. 211" and
insert in lieu thereof "SEC. 210".
Page 29, line 18, strike out "SEC. 212" and
insert in lieu thereof "SEC. 211".
~Page 31, strike out line 3 and all that fol-
ylows through line 12.
Mr. FASCELL (during the reading).
Mr. Chairman, I ask unanimous con-
sent that the committee amendment
be considered as read and printed in
the RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
AMENDMENT OFFERED BY MR. FASCELL AS A SUB-
STITUTE FOR THE DISTRICT OF COLUMBIA COM-
MITTEE AMENDMENT .
Mr. FASCELL. Mr. Chairman, I
offer an amendment as a substitute
for the District of Columbia Commit-
tee amendment.
The Clerk read as follows:
Amendment offered by Mr. FASCELL as a
ubstitute for the District of Columbia Com-
mittee amendment: Page 22, strike out line
1 and all that follows through line 13 on
page 24 and insert in lieu thereof the follow-
ing:
"LOCA .1 nv rr^?r.~,AT ?+TCCIONS IN THE
DISTRICT OF CLUMBI
"SEC. 206. (a) In order to ensure the ful-
fillment of the international obligations of
the United States and the policy of this
title, the location, replacement, or expan-
sion of any building or other real property
in the District of Columbia which is used
for the diplomatic, consular, or other gov-
ernmental activities (except property used
exclusively for residential purposes) of a
foreign mission shall be subject to the ap-
proval of the District of Columbia Foreign
Missions Commission as provided in this sec-
tion.
"(b)(1) There is hereby created, as an in-
dependent agency of the District of Colum-
bia, the District of Columbia Foreign Mis-
sions Commission (hereafter in this section
referred to as the 'Foreign Missions Com-
mission') which shall consist of the five
members of the Zoning Commission for the
District of Columbia (as such members are
designated by section 492(a) of the District
of Columbia Self-Government and Govern-
mental Reorganization Act (D.C. Code, sec.
5-412)), the Chairman of the National Capi-
tal Planning Commission, and the Secretary
of Defense, or such alternative as each
person may designated from time to time.
"(2) While actually engaged in the per-
formance of duties as a member of the For-
eign Missions Commission, the Chairman of
the National Capital Planning Commission
(or the alternate designated by the Chair-
man) shall be compensated by the District
of Columbia in the manner and at the rates
applicable to the members of the Zoning
Commission for the District of Columbia
who are appointed by the Mayor.
"(3) The Mayor of the District of Colum-
bia shall furnish such facilities and adminis-
trative services, and shall assign such em-
ployees, to the Foreign Missions Commis-
sion as may be required by the Commission
to carry out this section.
"(0 The Foreign Missions Commission
shall-
"(1) establish areas within which chancer-
ies may be located as a matter of right, and
"(2) establish additional areas within
which chanceries may be located.
Limitations on chancery uses shall not
exceed those applicable to any other non-
residential use in the areas so established.
"(d) Any determination by the Foreign
Missions Commission pursuant to this sec-
tion, including the establishment of areas in
accordance with paragraphs (1) and (2) of
subsection (c), shall be considered rulemak-
ing under the District of Columbia Adminis-
trative Procedure Act (D.C. Code, secs. 1-
1501-1-1510).
"(e) Any determination by the Foreign
Missions Commission with respect to chan-
ceries pursuant to this section, including the
establishment of areas in accordance with
paragraphs (1) and (2) of subsection (c),
shall be based solely on the following crite-
ria:
"(1) The obligation of the United States
to facilitate the provision of 'adequate and
secure facilities for foreign missions in the
Nation's Capital.
"(2) The chancery is in or adjacent to an
area, determined on the basis of existing or
planned uses, of (A) commericial use, or (B)
mixed uses, including residential, commer-
cial, office, or institutional use.
"(3) Historic preservation, as determined
by the Foreign Missions Commission in car-
rying out this section; except that substan-
tial compliance with District and Federal
laws governing historic preservation shall be
required with respect to new construction
and to demolition of or alteration to historic
landmarks, in order to ensure compatibility
with historic landmarks and districts.
"(4) The adequacy of off-street or other
parking and the extent to which the area
will be served by public transportation to
reduce parking requirements, subject to
such special security requirements as may
be determined by the Secretary.
"(5) The extent to which the area will
have adequate public facilities, utilities, and
services, including streets, street lighting,
water, sewer, electricity, telephone, and
refuse collection.
"(6) The extent to which the area is capa.
ble of being adequately protected, as deter-
mined by a Federal agency authorized to
perform protective services.
"(7) The municipal interest, as determined
by the Mayor of the District of Columbia.
"(8) The Federal interest, as determined
by the Secretary.
Any other determination by the Foreign
Missions Commission pursuant to this sec-
tion shall be based solely on the criteria
specified in paragraphs (1), (3), (6), (7), and
(8), and such other criteria as the Commis-
sion may by regulation establish.
"(f)(1) The regulations, proceedings, and
other actions of the Foreign Missions Com-
mission pursuant to this section shall not be
inconsistent with Federal elements of the
comprehensive plan for the National Capi-
tal. All elements of the comprehensive plan
relating to the location of foreign missions
shall be based solely on the criteria set
forth in this section and shall reflect the
policy of this title.
"(2) Proposed determinations by the For-
eign Missions Commission shall be referred
to the National Capital Planning Commis-
sion for review and comment.
"(g) The Foreign Missions Commisson
shall promulgate such regulations as it de-
termines are necessary for it to carry out
this section.
"(h) This section shall not be construed to
authorize, and the regulations of the For-
eign Missions Commission shall not provide
for or require, procedures in the nature of a
special exception or administrative proceed-
ings of an adjudicatory nature.
"(I) In any proceeding with respect to ap-
proval of the location, replacement, or ex-
pansion of real property of a foreign mis-
sion pursuant to this section, the final de-
termination by the Foreign Missions 'Com-
mission shall be made not later than 6
months after the date of filing an applica-
tion for such approval. Any such determina-
tion shall not be subject to administrative
proceedings of any other agency or official
except as provided in this title. Any such de-
termination by the Foreign Missions Com-
mission shall ensure the fulfillment of the
obligation of the United States to facilitate
the provision of adequate and secure facili-
ties for foreign missions and shall take into
account special security requirements as de-
termined by the Secretary.
"(j) The Secretary shall. require foreign
missions to comply substantially with Dis-
trict of Columbia building and related codes
in a manner determined by the Secretary to
be not inconsistent with the international
obligations of the United States.
"(k) The United States, acting on its own
behalf or on behalf of a foreign mission-
"(1) has standing to bring an action for ju-
dicial review of a determination by the For-
eign Missions Commission under this sec-
tion or, where appropriate, for judicial en-
forcement of the requirements of this sec-
tion applicable to the Commission; and
"(2) has standing to intervene in any such
action which is otherwise pending.
"(1) Approval by the Foreign Missions
Commission under this section or, except as
provided in section 205, by any other agency
or official is not required-
"(1) for the location, replacement, or ex-
pansion of real property of a foreign mis-
sion to the extent- -
"(A) that authority to proceed with re-
spect to such location, replacement, or ex-
pansion was granted to the foreign mission
before the date of enactment of this section,
or
"(B) that rights or interests with respect
to such location, replacement, or expansiorf
were otherwise acquired by the foreign mis-
sion before the date of enactment of this
section; or
"{2) for continuing use of real property by
a foreign mission for diplomatic, consular,
or other governmental activity to the extent
that such property was being used.by that
foreign mission for that activity on the date
of enactment of this section.
Page 27, beginning in line 11, strike out
"Except as provided in the first sentence of
section 206(b), actions" and insert in lieu
thereof "Actions".
Mr. FASCELL (during the reading).
Mr. Chairman, I ask unanimous con-
sent that the amendment offered as a
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substitute for the District of Columbia
Committee amendment be considered
as read and printed in the RECORD.
The CHAIRMAN. Is there objection
to the request fo the gentleman from
Florida?
There was no objection.
Mr. FASCELL. Mr. Chairman, I
simply want to say that we discussed
this in general debate, but what this
substitute does is strike a compromise
between our two committees and bal-
ances the Federal and municipal inter-
ests in determining the location of for-
eign missions in the District of Colum-
bia.
Mr. Chairman, section 206 will strike
an effective balance between the inter-
ests of the Federal Government and
the District of Columbia government
in determining appropriate locations
for foreigh missions in the Nation's
Capital. The section provides for the
establishment of the District of Co-
lumbia Foreign Missions Commission,
with members representing both the
Federal and city governments, and
sets forth criteria which promote a
balancing of interests.
Section 206(a) recognizes that the lo-.
cation, replacement, or expansion of
foreign missions in the Nation's Capi-
tal and the procedures involved in de-
termining these matters have a sub-
stantial impact on Federal interests
both in the United States and abroad.
International legal obligations requir-
ing each country to facilitate the ac-
quistion of appropriate facilities for
accredited foreign missions in the capi-
tal city of the host country cannot be
subject to negation by the acts or
omissions of local authorities.
Section 206(b)(1) creates the District
of Columbia Foreign Missions Com-
mission, comprised of the five mem-
bers of the District of Columbia
Zoning Commission and two additional
members, who shall be the Chairper.
son of the National Capital Planning
Commission and a representative of
the Secretary of Defense, in order to
reflect the concerns of the Congress
that decisions affecting important
Federal interests are made through a
process which appropriately balances
Federal and municipal interests.
Section 206(b)(2) provides for appro-
priate compensation for the Chairman
of the National Capital Planning Com-
mission during the' period that individ-
ual is performing his or her duties on
the Commission. The other members
of the Commission are employees
either of the District of Columbia or
Federal Goverments and therefore re-
ceive no additional compensation.
Section 206(b)(3) provides that per-
sonnel, space, and facilities will be pro-
vided by the District of Columbia gov-
ernment, as the Commission is a Dis-
trict of Columbia government agency.
Section 206(c) requires establish-
ment of areas within the District of
Columbia in which chanceries may be
located as a matter of rights, as is the
case with many uses in current zoning
practice. Security, representation, and
CONGRESSIONAL RECORD -- HOUSE September 17, 1981
related factors necessitate that chan-
cery uses be located in lesser density
areas and generally in proximity to
each other where possible. Security
and representational functions also
preclude in most cases general usage
of higher density structures, such as
office buildings, except for additional
space needed from time to time to ac-
commodate official activities which
cannot fit into the main chancery
facilities. The committee also notes
that areas devoted to higher density
commercial or residential uses are in
most cases inappropriate for low densi-
ty chancery uses, and are well beyond
the financial reach of 85 percent of
the foreign nations accredited to the
United States, and from whom the
United States must seek appropriate
space within their capitals.
Section 206(c) also specifically pre-
cludes discriminatory treatment -of
chanceries vis-a-vis other nonresiden-
tial uses, by prohibiting limitations on
chancery uses which are greater than
those placed on other nonresidential
uses. For example, existing regulations
in some cases preclude chancery uses
while at the same time permitting all
other office uses to locate as a matter
of right without exception or limita-
tion.
Section 206(d) requires that rule-
making procedures under the District
of Columbia Administrative Procedure
Act will be applicable to such determi-
nations. Among other things;, this in-
sures notice and opportunity to be
heard for iriterested members of the
public.
Section 206(e) sets forth the criteria
to be applied to determinations by the
Foreign Missions Commission. The
committee notes that some of these
criteria are in general usage today, but
that in order to provide for effective
implementation of this section, it is
desirable to enumerate the criteria
specifically.
Paragraphs (1) through (8) of sub-
section (e) set forth the criteria appli-
cable to chanceries and chancery an-
nexes which are intended to balance
Federal and municipal interests. These
criteria take into account the Federal
interest, which involves international
obligations of the United States and
the accompanying security require-
ments involved, as well as concern for
the impact on local matters such as
transportation, housing, and environ-
ment.
Subsection (e)(1) sets forth the
standard of "adequate and secure
facilities" which reflects one of the
fundamental purposes of the Office of
Foreign Missions and the internation-
al obligations of the United States.
This standard is intended to reflect
the criteria of section 206(c) in order
to effect the purposes of this act.
Subsection (e)(2) reflects the need to
continue to locate such missions in ex-
isting mixed-used areas, in which cur-
rent uses already include institutions,
commercial, or governmental activi-
ties, and residential uses. The obliga-
tion to provide security for foreign
missions dictates the need to locate
these missions in proximity to each
other and in areas of lesser density.
The committee notes that areas in
which current uses are entirely resi-
dential would not become available for
chancery use under this amendment,
except for medium-high-density or
high-density apartment zones.
Section 206(e)(3) assures the contin-
ued application of historical preserva-
tion measures to facilities of foreign
missions under regulations issued by
the new Commission.
Sections 206(b) (4) through (6)
relate to transit, parking, public facili-
ties and services, and special security
requirements. Section 206(b)(4) also
constitutes a recognition that special
security factors affect parking require-
ments, and that similar considerations
are taken into account in connection
with the location of U.S. facilities
abroad.
Sections 206(b) (7) and (8) specifical-
ly provide for determinations of the
general municipal and Federal inter-
ests by the Mayor of the District of
Columbia and the Secretary of State,
respectively. Finally, the Commission
is required to apply the criteria of
Federal and municipal interests, his-
torical preservation, the need for ade-
quate and secure facilities, and ade-
quacy of protection to other official
property uses by foreign governments
covered by this section.
Section 206(f) is intended to preserve
the existing relationship between the
National Capital Planning Commis-
sion and municipal authorities with
regard to land use.
Section 206(h) is intended to assure
that unreasonable burdens are not
placed on chancery applicants, and
that such applicants are not subjected
to a process inconsistent with the con-
duct of official relations between na-
tions.
Section 206(i) is intended to assure
the establishment of an expeditious
decisionmaking process, which will
preclude overlapping and time-con-
suming proceedings which can result
under existing law and regulations. It
also emphasizes the congressional pur-
pose in enacting this section to assure
proper facilities for foreign govern-
ments consistent with international
obligations.
Section 206(j) places an obligation
on the Secretary to promote compli-
ance with reasonable code require-
ments, taking into account special se-
curity, communications, and other fac-
tors involved in foreign government
facilities in the United States, as well
as with U.S. facilities abroad.
Section (k) is intended to clarify the
right of the United States to intervene
or bring an action concerning the ac-
tivities of the new Commission, either
on its own behalf or on behalf of a for-
eign government.
Section (1) provides. "grandfather"
rights with regard to existing chan-
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CONGRESSIONAL RECORD - HOUSE H 6343
cery locations or uses. This subsection
is necessary to protect rights and uses
which were acquired prior to enact-
ment of this section.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Florida (Mr. FASCELL) as a
substitute for the District of Columbia
Committee amendment.
The amendment offered as a substi-
tute for the District of Columbia Com-
mittee amendment was agreed to.
The CHAIRMAN. The question is on
the District of Columbia Committee
amendment, as amended.
The District of Columbia Committee
amendment, as amended, was agreed
to.
AMENDMENT OFFERED BY MR. BROOMFIELD
Mr. BROOMFIELD. Mr. Chairman,
I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. BROOMFIELD'
Page 19, immediately after line 23, insert
the following new subsection:
"(e) Neither the Director nor any other
officer or employee of the Department of
State may certify or otherwise authenticate
the accredited diplomatic status of a total of
more than two persons for each foreign mis-
sion for the purpose of facilitating, directly
or indirectly, the issuance to any such
person of a diplomatic license plate for any
motor vehicle by any federal, state, or local
governmental agency.
Mr. BROOMFIELD (during the
reading). Mr. Chairman, I ask unani-
mous consent that the amendment be
considered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Michigan?
There was no objection.
Mr. BROOMFIELD. Mr. Chairman.
this amendment is designed to discour-
age the wholesale issuance of diplo-
matic automobile license plates, of
which there are reportedly in excess
of 3,300 in the Washington metropoli-
tan area. The amendment would pre-
vent the State Department from certi-
fying the accredited diplomatic status
of more than two applicants per for-
eign mission who are seeking diplo-
matic license plates from the various
local motor vehicle departments.
The proliferation of distinctive dip-
lomatic vehicle tags serves to constant-
ly remind Americans in the Washing-
ton area of the many special privileges
accorded to the large diplomatic com-
munity and of the abuses of those
privileges and the thoughtless arro-
gance too frequently exhibited by
holders of diplomatic license plates.
To put the matter in perspective, I
will give a few statistics. The U.S.S.R.
has 136 accredited diplomats, but 213
vehicles with diplomatic license plates.
Mexico has 42 diplomats, but 92 cars
with diplomatic plates. Nigeria has 35
diplomats and 74 cars with diplomatic
plates. The situation for other Embas-
sies, both large and small, is approxi-
mately the same.
In addition to the sheer number of
diplomatic vehicles in Washington,
D.C. and the vicinity, we have the
problem of diplomatic abuse of traffic
rules and regulations. We have all
heard of accidents where the diplomat
has either left the scene of the acci-
dent unlawfully and/or has refused to
compensate the injured American
after the fact.
I sincerely hope that the person
eventually designated to fill the pro-
posed new position of Director of For-
eign Missions within the State Depart-
ment will give careful attention to
abuses by diplomats in the operation
and parking of automobiles in this
area. Furthermore, I hope he or she
will take prompt action to try to mini-
mize the inconvenience and annoyance
too often caused Americans by insensi-
tive diplomatic motorists.
Mr. FASCELL. Mr. Chairman, I
move to strike the last word. '
The gentleman's amendment touch-
es on a matter which has plagued us in
the committee for a long time and is
the reason that we wrote the authori-
ty in this bill for the Foreign Missions
Office.
Now, whether it is going to be done
by legislative cap of whether it is
going to be done administratively, as
far as I am concerned, it really does
not make any difference. The point is
that the Secretary has to have the au-
thority. to do what the gentleman is
talking about, plus deal with other
problems of this kind.
The Foreign Missions Office, as the
gentleman from Michigan has said,
needs to be staffed properly so they
can deal with this problem. They need
at least 20 people in that office. Up
until now, the job has not been done
because the authority has not been
available. We fully expect the Depart-
ment to reprogram sufficient funds to
get this office off the ground very
soon and to make certain that it has
sufficient staff to do the job-and we
do not mean just three or four people.
We look forward to seeing an effective
Office of Foreign Missions to finally
come to grips with the very real needs
in this area.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Michigan (Mr. BROOMFIELD).
The amendment was agreed to.
AMENDMENTS OFFERED BY MR. FASCELL
Mr. FASCELL. Mr. Chairman, I
offer technical amendments.
The Clerk read as follows:
Amendments offered by Mr. FASCELL: Page
14, line 21, strike out "assistance to be pro-
vided" and insert in lieu thereof "treatment
to be accorded"; and in line 22, immediately
after "determined" insert "by the United
States".
Page 20, line 23, immediately after "used
by" insert "a".
Page 25, strike out lines 8 through 22 and
insert in lieu thereof the following:
"(c) For purposes of administering this
title-
"(1) the Secretary may accept details and
assignments of employees of Federal agen-
cies to the Office of Foreign Missions on a
reimbursable or nonreimbursable basis
(with any such reimbursements to be cred-
ited to the appropriations made available
for the salaries and expenses of officers and
employees of the employing agency); and
"(2) the Secretary may, to the extent nec-
essary to obtain services without delay, ex-
ercise his authority to employ experts and
consultants under section 3109 of title 5,
United States Code, without requiring com-
pliance with such otherwise. applicable re-
quirements for that employment as the Sec-
retary may determine, except that such em-
ployment shall be terminated after 60 days
if by that time those requirements are not
complied with.
Page 25, line 24, strike out "(except for
personal services)" and insert in lieu thereof
", including personal services,".
Page 26, line 13, strike out "compatabi-
lity" and insert in lieu thereof "compatibil-
ity".
Page 28, beginning in line 8, strike out ",
after consultation with the international or-
ganizations,"; and in line 18, strike out
"and" and insert in lieu thereof "or".
Page 29, line 13, strike out "This section"
and insert in lieu thereof "In addition to
means of enforcement otherwise available,
this title"; and in line 15 strike out "equita-
ble".
Mr. FASCELL (during the reading).
Mr. Chairman, I ask unanimous con-
sent that the amendments be consid-
ered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
Mr. FASCELL. These amendments,
Mr. Chairman, are technical and per-
fecting in nature resulting from the
need to clarify certain provisions of
the bill or to correct printing errors.
One amendment carries out a re-
quest of the Committee on Post Office
and Civil Service which would permit
the new Office of Foreign Missions es-
tablished in this bill to meet certain
temporary technical and professional
requirements in a timely manner, a re-
quest which the Post Office and Civil
Service Committee felt was a needed
guideline to have in that office.
The CHAIRMAN. The question is on-
the amendments offered by the gen-
tleman from Florida.
The amendments were agreed to.
AMENDMENT OFFERED BY MR. BROWN OF
COLORADO
Mr. BROWN of Colorado. Mr. Chair-
man, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. BROWN of
Colorado: On page 2, line 15, strike
"$1,744,391,000" and insert in lieu thereof:
"$1,248,059,000".
Mr. BROWN of Colorado. Mr. Chair-
man, this particular amendment deals
with the authorization for fiscal year
1983. It reduces those authorizations
back to the figure requested by the ex-
ecutive.
I might mention, this measure comes
close to saving $500 million; but that.
the figure that results for administra-
tive purposes is still significantly
above the figure that is being expend-
ed by the Department this year.
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I might also note that it leaves the
sum available to the Department,
about a billion and a quarter dollars,
for administrative purposes which I
believe should be more than ample to
conduct properly the very significant
responsibilities they have around the
world.
I might mention, I think in the pres-
ent climate of 20 percent interest
rates, of skyrocketing deficits, of an
economy that faces terrible problems,
that it would be the height of irre-
sponsibility for us to go ahead with a
major increase in expenditures that is
beyond what even the Executive has
requested. i
I might also mention, Mr. Chairman,
that these figures here for fiscal year
1983 are not broken down or allocated
by individual account, as they are in
fiscal year 1982. It would seem to me
that before we would approve a major
increase in this area that the Members
of Congress of this country would
want to at least have that kind of
itemized breakdown to properly legis-
late an increase of this kind.
So I would urge the Members of this
body to at least insist on that kind of
measure and be willing to go along
with this amendment to provide a
modest increase from fiscal year 1981.
Mr. WALKER. Mr. Chairman, will
the gentleman yield?
Mr. BROWN of Colorado. I would be
glad to yield to the gentleman.
Mr. WALKER. Mr. Chairman, I
thank the gentleman for yielding.
I, first of all, want to congratulate
the gentleman on his amendment. If I
understand the amendment correctly,
what the gentleman is doing is at-
tempting to put the budget figures
that we would pass in this authority
bill in line with the budget that the
administration desires for fiscal year
1983; is that correct?
Mr. BROWN of Colorado. That is
quite correct.
Mr. -WALKER. So what we are
really doing is trying to implement a
portion of the President's economic
program here.. We are talking about
the kinds of spending cuts that the
President feels are necessary to imple-
ment that economic program.
As I pointed out earlier today, it
seems to me that is an important
signal to continue to send from this
body' to the financial markets and
other places that are deciding interest
rates and other kinds of economic poli-
cies so that, indeed, we do not need
this economic program to be a 1-year
1982 phenomenon; but rather when we
look toward fiscal year 1983, we are de-
termined to keep on target for fiscal
year 1983. It seems to me that is what
the gentleman's amendment is doing.
.It is keeping us on target for 1983
spending with what the administra-
tion has proposed and, therefore,
sending an important signal, not only
to the State Department, but to the fi-
nancial markets and all kinds of other
places around this country that we are
determined that for the next several
CONGRESSIONAL RECORD - HOUSE September 17, 1981
years we are going to implement a re-
sponsible economic policy.
I, for one, would like to congratulate
the gentleman. I think it is a very
worthwhile amendment.
Mr. BROWN of Colorado. I believe
the gentleman has summarized it cor-
rectly. I might add one aspect to it,
though. It is important to realize that
if this amendment passes, we will still
be spending more money on adminis-
tration in fiscal year 1983, or we will
authorize more money to be spent in
fiscal year 1983 than we authorized in
the current fiscal year; so In a real
sense this is not a cut from current
levels in dollar terms. It is a modest in-
crease.
Mr. FASCELL. Mr. Chairman, I rise
in opposition to the amendment.
Mr. Chairman, I respect the position
and the logic of the gentleman who
proposes this amendment. We are all
aware of the necessity with respect to
cutting the budget, but first let me say
this.
First. We are not just talking about
programs now, so we cannot just kind
of writeoff with the back of our hand
and say, well, we are just talking about
administrative costs. OK?
What we are talking about is people
who carry out the diplomatic func-
tions. When we looked at the Presi-
dential requests for 1983, after follow-
ing it dollar for dollar in 1982, we real-
ized that this budget would result in
additional cuts in personnel beyond
those to be made in 1982 of about
1,000 positions. I pointed out earlier in
this discussion that the State Depart-
ment, as an example, is at the 1959
level in terms of operations, and we
will still cut 550 positions.
They have taken a hard slap in
terms of this budget. In terms of the
committee's 1983 request, what we did
was look at the overseas inflation rate,
the worldwide average affecting the
countries where these people have to
do their jobs. This budget does not
represent a growth but a cut in real
dollars. We are talking about taking
this 1982 program, which is pretty
tough on the Department as it is, and
making it even rougher in terms of the
ability to do the job by these agencies.
We decided, and I hope the gentle-
man will agree with this, that there
was some need for a priority that
needed to be expressed, not in terms
of new programs, but simply in letting
the people who are on board after this
whack in 1982 to stay on board in 1983
and do that job: run the radios, run
the diplomatic posts and do all the
things they have to do.
In order to give consideration to the
total budget problem that the Presi-
dent faced, we kept it as close as possi-
ble to the total reconciliation figure,
both in the budget and in the Recon-
ciliation Act, so that the differences in
the totals are not impacting on the
budget to any measurable extent, if
the gentleman follows me.
In other words, we shifted priorities
and put the money in the accounts
where we thought it would be most
needed and took it from other areas,
this staying within the budget resolu-
tion targets and the Reconciliation
Act which was approved.
I would hope, therefore, that as well
intentioned and as proper as this
amendment appears to be in terms of
getting back to the Presidential level
in 1983, we would not inadvertently
destroy those priorities.
Now, if the President wants to and
has to come back at us, as he indicated
he must in 1982 and in 1983 to main-
tain his budget deficit levels of 42'/2 or
$24 billion for 1983, OK, he will have
then established a priority; but let us
not destroy the priority which has al-
ready been approved. We are not
taking it away from him for all time.
^ 1200
So let us Indicate that we are con-
cerned about this. The gentleman., or,
the Budget Bureau, or whoever else it
Is who has to deal with the total prob-
lem, is going to have that opportunity.
All we did was to give recognition
which has already been approved by
this House. And, therefore, I hope we
would not go backwards. I hope the
gentleman would consider withdraw-
ing the amendment, or ask whatever
other questions he cares to ask, or
make whatever record ? he cares to
make.
Mr. DERWINSKI. Mr. Chairman, I
move to strike the requisite number of
words.
I rise to oppose the amendment.
I would be pleased to yield to the
gentleman for any questions he has in
the process.
If I may direct the gentleman's at-
tention, and the attention of the other
Members on the floor, to page -4 of the
committee report, and pick up the
point that my friend from Florida just
made, you notice that for fiscal year
1982 one of the figures allowed there
is salaries and expenses, the $928 mil-
lion.
Now, we have in the budget resolu-
tion anticipated, I believe it is, a 7-per-
cent pay increase. So there alone you
have approximately $70 million in-
crease.
If the administration in its wisdom
decides that we ought to fly the flag in
the few additional consular posts, or
there are new countries-for example,
Belize is coming in next week as an.in-
dependent country and that means a
new diplomatic post, a new ambassa-
dor, a new staff, and so on--we have to
have that flexibility. And that is what
we have allowed for in our 1983 fiscal
year figure.
While I realize that of the various
entities in Government at the moment
the OMB seems to be a more noble
structure. than, the Department of
State, it is a fact that the Department
of State is also .part of the Govern-
ment and of the Administration. And
it is a fact of life that the Secretary of
State is a strong-willed man who prob-
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CONGRESSIONAL. RECORD - HOUSE H 6345
ably does not realize, right at this
point, that we would be doing a major
surgical job on his 1983 budget.
So I would suggest to the gentleman
from Florida that we write an effec-
tive record here; that the gentleman
would give us an opportunity to fur-
ther work with OMB and then
through the Appropriations Commit-
tee, and whatever is a really final ac-
ceptable figure be worked out.
Mr. BROWN of Colorado. Will the
gentleman yield?
Mr. DERWINSKI. Yes, I would be
pleased to yield to the gentleman from
Colorado.
Mr. BROWN of Colorado. If, taking
your figures, I have added it up cor-
rectly, I am assuming a $70 million in-
crease to the $948 million in adminis-
trative charges for fiscal 1981. Adding
another $70 million in the following
year for additional pay increases, that
totals $140 million. Adding those two
together, that relates to $1,088 mil-
lion.
As I see it, even with the pay raises
cranked in, we still have $160 million
available for unforeseen additional ex-
penses, even if my amendment passes.
And if my amendment does not pass,
- we do not ? have $160 million unac-
counted for funds, but we have some-
thing in the neighborhood of $660 mil-
lion unaccounted for funds, even with
the pay raises.
Would that be correct?
Mr. DERWINSKI. If the gentleman
would further review the committee
report, there are other items that I
think are understated. For example,
the emergencies in diplomatic and con-
sular service have been running higher
than the figure stated. The payment
to the American Institute in Taiwan
will be increased proportionately with
inflation and salaries. And all along
the line you have the representation
allowance, inflation allowance for
that.
Frankly, I think we are pennywise
and pound foolish in that figure, since
we do not really give our diplomats
abroad the kind of expense allowance,
that a traveling salesman would have.
If the gentleman would please note,
in fiscal 1982 we took the exact figures
requested. It was only in fiscal 1983
that we made the-upward adjustments
to allow for inflation, .the salary in-
creases, the built-in increases that we
know are coming. And that is where
we tried to allocate the proper figure.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield at this point?
Mr. DERWINSKI. I yield to the gen-
tleman from Florida.
Mr. FASCELL. Let me just make
two other points. One' is that we
expect at least, at the very least, a
$100 million increase on overseas
wages and prices, which are necessary
for these agencies on services, person-
nel, and so on, over which we have no
control. That is just a minimum.
If we go back with no flexibility at
all, and we do not take into account
the average inflation rate overseas on
this, we are talking about a further re-
duction of possibly 1,000 people.
We are really impacting on the
-smallest department in Government
today, which has infinitesimal impact
on the U.S. budget. And what we have
'done is we tried to restructure the pri-
orities within the amounts that the
President was talking about.
Again, I just want to emphasize that
in the final analysis, if on review the
President has to make more drastic
cuts in 1983, he can tell us what his
priorities are.
(By unanimous consent, Mr. DER-
WINSKI was allowed to proceed for 2
additional minutes.)
Mr. DERWINSKI. I yield to the gen-
tleman from Colorado (Mr. BROWN).
Mr. BROWN of Colorado. I thank
the gentleman for yielding.
I might sum up very briefly, if I
could, with this observation.
I can very much appreciate the deep
concern that both the gentleman from
Florida and the gentleman from Illi-
nois have with regard to the vitally
important function that is served by
this department, and what I know is
their genuine concern for this country
and the appropriate purposes it serves.
From my point of view, if the
amendment passes we have allowed
for the additional pay increase for
1982, we have allowed for the addition-
al pay increase in 1983, and we have
left an additional amount of $160 mil-
lion available for unforseen contingen-
cies.
To go above that figure is to cause
further havoc within the financial
markets. It is to say a citizenry that is
paying 20 percent to borrow money,
and to keep businesses alive, and to
provide jobs in this country, that we
are going to take an even bigger share
of what this country has to provide.
I must say to this body that I sin-
cerely believe that if we do that, if we
squeeze the private sector more than
we are doing now, that we diminish its
ability to support the Government
that we have, not enhance it. And that
to go beyond the levels requested by
the President here would be great
folly, not only for the individual citi-
zens that have to pay those taxes
eventually, but for the long-range for-
eign interests of this country as well.
Mr. DERWINSKI. Mr. Chairman,
may I sum up the other side?
Mr. WALKER. Mr. Chairman, will
the gentleman yield to me for a
moment?
Mr. DERWINSKI. I would be happy
to yield to the gentleman.
Mr. WALKER. If I understood the
gentleman's point, his point was what
the committee has tried to do is pro-
vide for a number of things that they
do not think were provided in the
budget submitted by the executive.
Does the gentleman really contend
that he does not feel the administra-
tion took into consideration the very
items that he raised when they pre-
pared their budget for fiscal 1983? . .
The CHAIRMAN. The time of the
gentleman has expired.
(On request of Mr. WALKER and by
unanimous consent, Mr. DERWINSKI
was allowed to proceed for 4 additional
minutes.)
Mr. DERWINSKI. In answer to the
gentleman's question, that is exactly
right. Let me explain what happened.
If the gentleman would recall, we
marked this bill up in subcommittee in
February. At that time the new ad-
ministration was just groping. The
OMB, under Mr. Stockman, was work-
ing with general figures. There was
minimum. consultation with. the new
team at State. And that is why we co-
operated fully in the fiscal 1982 fig-
ures, which were really those inherit-
ed from the Carter administration,
and by a gentleman's agreement there
was no change there.
Then we tried to calculate with a
touch of practicality, based on previ-
ous years' experience, what they
would really need for 1983.
Now, OMB has come down with cer-
tain figures. I am not aware that the
Department of State is at all satisfied
with the calculations that have come
from OMB.
Mr. WALKER. Would the gentle-
man yield further?
. Mr. DERWINSKI. As a matter of
fact, when these figures were prepared
for the- bill this week, early in the
week, I was advised by State that they
were unaware of why there were po-
tential cuts being offered on the floor.
And I think it is a case-I do not say
this critically, but there are some
times when one hand of government
does not really know what the other is
doing, coordination is somewhat lack-
ing.
If the gentleman will keep in mind
that we actually are in a period where
we will be expanding, not contracting,
the number of overseas installations.
There are half-a-dozen new ministates
which will soon become sovereign
countries, and we will be sending our
representatives there. Then there will
be the pay increases, the inflation
caused increases overseas that the gen-
tleman from Florida mentioned. That
is what we have calculated.
Mr. WALKER. Mr. Chairman, will
the gentleman yield further?
Mr. DERWINSKI. Yes, I yield to
the gentleman.
Mr. WALKER. I thank the gentle-
man.
The problem is what you are really
doing in the committee bill is you are
raising the fiscal 1982 figure for fiscal
1983 in the particular category to
which the gentleman from Colorado's
bill speaks.
What you are really doing is expand-
ing that category by almost 30 per-
cent.
You are talking about a very sub-
stantial increase in that particular cat-
egory. Arid that is an increase which is
far above inflation. It is far above
what the administration requests.
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I understand that there may have
been a lack of coordination on this.
But it seems to me that there has been
a chance for review.
The gentleman said that he is not
aware that the State Department had
any consultation on the figures. But
certainly since that time there must
have been some consultation.
Was there testimony from the State
Department indicating they do not
agree with the 1983 figure?
Mr. DERWINSKI. There has been
no indication from the State Depart-
ment that they agree with the figure,
which when you use the term "admin-
istration" I use "OMB." I' am not so
sure that they are speaking with one
voice from the administration.
Mr. WALKER. That was not my
question. My question was have you
had any testimony that they do not
agree with the 1983 figure?
Mr. DERWINSKI. We have had no
testimony, of course, since we marked
up the bill in subcommittee. That was
7 months ago.
Mr. WALKER. I thank the gentle-
man.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. DERWINSKI. I would be happy
to yield to my colleague.
Mr. FASCELL. The point is that the
Secretary of State, I say to the gentle-
man from Pennsylvania, is not about
to send down a letter saying that he
disagrees with the President of the
United States.
But let us face the practical aspects
of life.
Mr. DERWINSKI. There are
enough rumors of a conflict between
the State Department and. the White
House. We- do not want to start an-
other one here on the floor this after-
noon.
I yield back the balance of my time.
Mr. ROUSSELOT: Mr. Chairman, I
move to strike the requisite number of
words:
I would like to call to. the attention
of my colleagues in support of Mr.
BROWN'S amendment, which I think
has merit on the basis of the discus-
sion we have heard, that in the com-
mittee report itself, on page 5-let me
quote from the committee itself.
The committee has not, however, allo-
cated this increase by individual accounts,
recognizing that specific needs in fiscal year
1983 will determine this allocation.
My point is that I believe my col-
league from Colorado is correct in his
analysis of the issue. There is an ade-
quate contingency amount already in
the bill in the amount of an additional
$160 million. I cannot believe that
since even the committee in its own
report admits that the dollar amounts
have not been allocated at this junc-
ture, that this reduction for 1983 is
but a reasonable suggestion. It is
merely a recognition of what the ad-
ministration originally requested. And
knowing how efficiently this fine com-
mittee operates, I am sure that next
year if it was desperately needed, the
committee would come back and ask
for it.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. ROUSSELOT. Of course I yield
to the gentleman from Florida.
Mr. FASCELL. You know, the gen-
tleman is on target in one sense, with
regard to the allocation.
Mr. ROUSSELOT. I am merely
quoting from your report.
Mr. FASCELL. I understand. The
gentleman stated it accurately.
We did not want to allocate the in-
flationary factor to all four counts on
an arbitrary basis.
Mr. ROUSSELOT. I think that was
wise.
Mr. FASCELL. So we put it in be-
cause the Department has that au-
thority. They can take that money.
That is just a guide to them to allo-
cate within the other accounts if they
need it, because those other accounts
are going to face the same problems
whether you operate a refugee camp
overseas or whether you are operating
a diplomatic post overseas.
^ 1215
But, we left it to their discretion and
gave them some flexibility. So, that is
the reason that it is allocated to that
one account in that fashion. That is
the only reason.
Mr. ROUSSELOT. I think, the state-
ment of the committee in its report re-
inforces my colleague from Colorado's
point that there already is additional
flexibility in this authorization, rough-
ly $160 million. Therefore I did not
find it difficult to support the gentle-
man's (Mr. BROWN) amendment on the
basis of the committee's own language.
Mr. FASCELL. Will the gentleman
yield again?
Mr. ROUSSELOT. I will be glad to.
Mr. FASCELL. As far as the
amounts are concerned in this bill, let
me just say that I have been handling
this bill for some years now.
Mr. ROUSSELOT. You certainly
have.
Mr. FASCELL. And we have been
very careful, but I do not believe in
recent memory I recall a time when
there was not. an emergency at the
State Department with respect to the
need of more funds that had to be ulti-
mately cleared by the OMB and the
President and everybody else. One
year, and it has just been very recent-
ly-it may have been last year, I am
not sure-we had four supplementals.
I do not want to do business that way.
I would rather do what we did, which
is try to allocate the priorities within
the total amounts of this particular
account 150, and try to forestall this
foolishness, as I see it, of coming back
over and over again with respect to
supplementals. I would rather not do
that.
Again, just emphasing-and I appre-
ciate the gentleman giving me the op-
portunity to reemphasize this-if the
President has to do something in 1983
to maintain the $24 deficit level
beyond what he contemplates, he will
then have an opportunity to review
the kind of priority structure that we
structured in'the 150 account and say,
"I can't go along with that."'
It is coming to the Congress, but at
least what we will do is forestall the
necessity of a supplemental. So, to
that extent, if the gentleman could. go
along with that, I think it would be
most helpful.
The CHAIRMAN. The time. of the
gentleman from California has ex-
pired.
(By unanimous consent, Mr. RoussE-
LOT was allowed to proceed for 1 addi-
tional minute.)
Mr. ROUSSELOT. Let me just say
in closing that I think, as pointed out
by Mr. BROWN, the extra $160 million
is more than adequate as a contingen-
cy amount in this area being discussed.
If my distinguished colleague from
Florida wants to raise the issue that
the State Department tends to have
all kinds of extra emergencies, that
they are always coming back for more,
so does every agency in the Federal
government. The gentleman and I
know that. I cannot think of an
agency that does not run down here
and has to have something added in a
supplemental. So, I am not sure that is
a good argument for voting against
the amendment of my colleague from
Colorado; who is merely trying to
bring this authorization into line. As
my colleague from Florida is very con-
scious of the high interest rates we are
paying all over the country, we .are
just trying to hold down that huge
Federal deficit.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Colorado (Mr. BROWN).
The question was taken; and the
Chairman announced that the noes
appeared to have it.
Mr. BROWN of Colorado. Mr. Chair-
man , I demand a recorded vote, and
pending that, I make the point of
order that a quorum is not present.
The CHAIRMAN. Evidently a
quorum is not present.
The Chair announces that pursuant
to clause 2, rule XXIII, he will vacate
proceedings under the call when a
quorum of the Committee appears.
Members will record their presence
by electronic device.
The call was taken by electronic
device.
QUORUM CALL VACATED .
The CHAIRMAN. One hundred
Members have appeared. A quorum of
the Committee of the Whole is pres-
ent. Pursuant to clause 2, rule XXIII,
further proceedings under the call
shall be considered as vacated.
The Committee will resume its busi-
ness.
For what purpose does the gentle-
man from Colorado (Mr. BROWN) rise?
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Mr. BROWN of Colorado. Mr. Chair-
man, I withdraw my demand for a re-
corded vote, and I demand a division.
On a division (demanded by Mr.
ROWN of Colorado) there were-ayes
42, noes 18.
So the amendment was agreed to.
AMENDMENT OFFERED BY MR. ZABLOCKI
Mr. ZABLOCKI. Mr. Chairman, I
Offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Zablocki: Page
31, immediately after line 12, insert the fol-
lowing new section:
REOPENING CERTAIN UNITED STATES
CONSULATES
SEC. 120. (a) None of the funds made avail-
able under this or any other Act for the
"Administration of.Foreign Affairs" may be
used for the establishment or operation of
any United States.consulate that did not
exist on the date of enactment of'this Act
(other than the consulate specified in sub-
section (b) of this section) unless all of the
United States consulates specified in subsec-
tion (b) of this section have been reopened
as required by section 108 of the Depart-
ment of State Authorization Act, Fiscal
Years 1980 and 1981.
(b) The consulates referred to in subsec-
tion (a) of this section are the consulates in
the. following locations: Turin, Italy; Salz-
burg, Austria; Goteborg, Sweden; Bremen,
Germany; Nice, France; Mandalay, Burma;
and Brisbane, Australia.
(Mr. ZABLOCKI asked and was
given permission to revise and extend
his remarks.)
Mr. ZABLOCKI. Mr. Chairman, the
purpose of this amendment is to per-
suade the Department of State to
carry out the mandate of Congress ex-
pressed in the previous Department of
State Authorization Act regarding the
reopening of certain U.S. consulates. A
similar amendment has already been
adopted by the Senate.
In 1979, the Congress directed that
the following consulates should be re-
opened as soon as possible: Salzburg,
Austria; Bremen, Germany; Nice,
France; Turin, Italy; Goteburg,
Sweden; Mandalay, Burma and Bris-
bane, Australia. Despite overwhelming
congressional support for this meas-
ure, both the previous and the current
administrations have blatantly ig-
nored this directive. In fact, the cur-
rent administration is planning to
open three new consulates in Commu-
nist China while at the same time re-
fusing to reopen any of the previously
named consulates due to so-called
budgetary pressures.
Mr. Chairman, this is not an incon-
sequential matter. . For example,
during a recent visit to Australia, we
learned that the closing of the U.S.
consulate in Brisbane has forced U.S.
business to turn to our consulate in
Sydney for any assistance they re-
quire. This makes our Sydney consul-
ate responsible for serving the needs
of Americans in half of the land mass
of Australia (an area equivalent to the
distance between New York and Los
Angeles). Yet Sydney has insufficient
travel funds for its personnel to visit
other cities in the region it must now
service.
U.S. businessmen pointed out that
over $20 billion in resource develop-
ment projects are planned in the next
decade for Brisbane's state of Queens-
land, while no consular support is
readily available to U.S. companies
seeking to bid for contracts on these
projects. The case of the other consul-
ates which. remain closed is equally
compelling, both on economic and dip-
lomatic grounds.
For example, Mr. Chairman, the
consulate in Salzburg, Austria, was
closed. That was not wise. In fact that
consulate is a very important strategic
information-gathering location. There
are many Communist agents operating
there, and yet we closed our consulate,
thus denying ourselves a presence in
this critical area.
My amendment would simply defer
the use of State Department funds for
the establishment or operation of any
new U.S. consulates overseas until the
consulates stipulated in existing law
are reopened. The amendment would
in no way affect ongoing construction
or maintenance and security measures
with regard to U.S. diplomatic facili-
ties abroad. It would, however, delay
the opening of new consulates planned
for Communist China and Brunei.
Mr. Chairman, I regret having to
offer this bmendment, But it is clear
that the will of Congress in this
matter has been ignored, and that the
only way to insure that congressional
priorities are recognized is the adop-
tion of this amendment.
Mr. FASCELL. Mr. Chairman, I
move to strike the last word.
Mr. Chairman, I can understand the
frustration of the gentleman from
Wisconsin (Mr. ZABLOCKI), the distin-
guished chairman of the Committee
on Foreign Affairs.
It is just really sad that we have to
legislate this kind of thing. Sometimes
there just seems to be no way around
it.
While I shall not object, of course,
to the gentleman's amendment, since
ive in Congress have expressed time
and time again our, feeling that these
consulates should be open, the fact is
that what we have done already in the
1983 budget, taking it back to the old
level, is we have guaranteed that the
consulates will not be opened. We
have guaranteed as a matter of fact
that we are going to have to close
more, maybe as many as 20 or 30. We
have in effect guaranteed that at least
another thousand people will have to
be eliminated from the smallest de-
partment of Government.
So we are going to be frustrated and
the Department is going to be frus-
trated, but the real net result is that
the people we are trying to serve, the
American citizens, are the people who
are not going to get the services. The
American businessman or the visitor,
for that matter, overseas is the one
who will ultimately suffer in these
kinds of cuts.
H 6347
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Wisconsin (Mr. ZABLOCKI).
The amendment was agreed to.
AMENDMENT OFFERED BY MR. M'DONALD
Mr. McDONALD. Mr. Chairman, I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. McDoNALD:
Page 2, line 17, strike out "$563,806,000" and
insert in lieu thereof $469,472,350".
Page 2, line 18, strike out "$554,436,000"
and insert in lieu thereof "$469,472,350".
(Mr. McDONALD asked and was
given permission to revise and extend
his remarks.)
Mr. McDONALD. Mr. Chairman,
last - week, we appropriated
$469,472,350 for international organi-
zations and conferences for fiscal year
1982. Before us now, is the authorizing
legislation for that appropriation.
However, contained within the legisla-
tion is the authorization of the ex-
penditure of $563,806,000, nearly $95
million in excess of what we have ap-
propriated. What this amendment
does is simply bring the authorization
into line with our appropriation.
To enact the authorization con-
tained in H.R. 3518 as is, would be to
authorize an appropriation that is a
24.5-percent increase above the fiscal
year 1981 appropriation-an increase
of $97.5 million. I, for one, find it ex-
ceptionally difficult to ask the citizens
of the United States to make sacrifices
while we vote to substantially increase
the authorization for international or-
ganizations. For that reason, I have in-
troduced this amendment which will
reduce the authorization for fiscal
1982 from $563,806,000 to $469,472,350,
the amount which we have already ap-
propriated.
In addition, in view of the proposed
budget cuts for next year, this amend-
ment will also hold the authorization
for fiscal 1983 at the same level as
fiscal 1982. I caution my colleagues
not to be misled by the figures pro-
posed in this bill. Despite the fact that
the proposed authorization for fiscal
1983 reflects a slight decrease from
the authorization for fiscal 1982, the
fiscal 1983 authorization in its present
form, reflects an increase of 18 per-
cent, nearly $85 million above the
fiscal 1982 appropriation which we ap-
proved last week.
Of the funds that we appropriated
last week, over $400 million is ear-
marked as membership assessments to
international organizations. Some of
those organizations include:
The International Organization for
Legal Metrology, $64,000.
The Inter-American Institute of Ag-
ricultural Sciences, $7,672,000.
The Pan American Railway Con-
gress Association, $22,000.
The World Tourism Organization,
$204,000.
The Pan American Institute of Ge-
ography and History, $396,000.
The Inter-American Indian Insti-
tute, $154,000.
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H 6348 CONGRESSIONAL RECORD - HOUSE September 17, 1981
The International Bureau of
Weights and Measures, $379,000.
The International Bureau of the
Publication of Customs Tariffs,
$53,000.
The International Office for Epizoo-
tics, $64,000.
Just to name a few. There are a host
of others.
In addition to the membership as-
sessments, the United States spends
millions of dollars-taxpayers' dol-
lars-in the form of additional volun-
tary contributions to international or-
Amendment offered by Mr. BEARD: Page 3,
Immediately after line 21, insert the follow-
ing new section 104 and redesignate subse-
quent sections of the bill accordingly:
RESTRICTION ON CONTRIBUTIONS TO THE
UNITED NATIONS EDUCATIONAL, SCIENTIFIC
AND CULTURAL ORGANIZATION
SEC. 164. (a) None of the funds authorized
to be appropriated by section 102(a)(2) of
this Act or by any other Act for "Interna-
tional Organizations and Conferences" may
be used for payment by the United States of
Its contribution toward the assessed budget
of the United Nations Educational, Scientif-
ic and Cultural Organization if that organi-
on compliance with some sort of man-
datory code of ethics. Whatever form
the proposal would take, when put
into implementation, it would result in
a repression of the free flow of infor-
mation among nations.
My amendment is so worded as to
cover any attempt by UNESCO to
hamper the world's international press
through some kind. of regulation of
journalists.
Cutting off our funding to UNESCO
would not be an unprecedented act by
this Congress. In 1974 Congress with-
drew funds from UNESCO because of
three resolutions that that particular
body passed aimed at Israel and favor-
ing the PLO. So we have cut off fund-
ing from UNESCO before. We also
pulled completely out of the Interna-
tional Labor Organization because
that organization supported the PLO.
I also want to emphasize, Mr. Chair-
man, that we are not cutting off 1 cent
with my amendment. We are merely
telling UNESCO that we shall cut off
our money if they take action to sup-
press the international press. There-
fore, it should be made clear what the
choice is. There is, I believe, a number
of UNESCO members willing to adopt
some sort of system aimed at control-
ling the world's press, and it is near to
a majority.
Our opposition must be made crystal
clear, but our opposition must not con-
sist of a mere resolution of disapproval
as some of my colleagues have suggest-
ed. We must oppose such a move by
UNESCO with our most effective
weapon, and that is our financial con-
tribution. We contribute fully 25 lier-
cent of UNESCO's budget.
I might add that UNESCO's budget
has tripled in the past 5 years. If we
continue to provide one-fourth of its
budget while they pursue such a
policy, then we are accomplices to that
policy. I believe it is essential that our
position be made clear 'before they
consider such a step, thus making it
their own choice as to whether they
want to have America's funding.
I believe that our delegates to
UNESCO would be far better armed to
fight off attempts to throttle the press
if they could point to total and ada-
mant opposition by the U.S. Congress.
There is no more sincere message of
opposition than the promise to cut off
funds.
despite the economic hard times, the
United States will give the United Na-
tions an estimated $550 million-over
one-half billion dollars-in voluntary
contributions in addition to the $340
million that we paid as a membership
assessment.
Prior to the August recess, we con-
cluded work on the budget and tax
bills. With the reductions in the Fed-
eral budget contained in those bills, we
have given notice to the American
people that leaner appropriations will
become a fact of life. With those
leaner appropriations, our citizens
must become less dependent on the
Federal Government and sacrifices
must be made. We, therefore, must ask
ourselves: Are we prepared to ask our
.constituents to make these sacrifices
and to expect less in the way of do-
mestic programs and assistance while
we vote to increase the number of
their tax dollars that we authorize for
international organizations? I think
not and for that reason, I urge my col-
leagues to support this amendment to
bring the fiscal 1982 authorization
into line with the appropriation that
we passed last wek and that we hold
the fiscal 1983 level to the fiscal 1982
level.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. McDONALD. I yield to the gen-
tleman from Florida.
Mr. FASCELL. Mr. Chairman, do I
understand the gentleman's amend-
ment correctly, that, dollar for; dollar,
what it does is take the authorization
level in this particular account to what
the appropriation bill has in it?
. Mr. McDONALD. Yes; the bill that
we passed last week.
Mr. FASCELL. Mr. Chairman, I will
not object to the gentleman's amend-
ment.
Mr. BROOMFIELD. Mr. Chairman,
will the gentleman yield?
Mr. McDONALD. I yield to the gen-
tleman from Michigan.
Mr. BROOMFIELD. Mr. Chairman,
we have no objection on this side to
the amendment.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Georgia (Mr. McDoNALD).
The amendment was agreed to.
AMENDMENT OFFERED BY MR. BEARD
Mr. BEARD. Mr. Chairman, I offer
an amendment.
The Clerk read as follows:
the effect of which is to license journalists
or their publications, to censor or otherwise
restrict the free flow of information within
or among countries, or to impose mandatory
codes of journalistic practice or ethics.
(b) Not later than February 1 of each
year, the Secretary of State shall report to
the Congress with respect to whether the
United Nations Educational, Scientific and
Cultural Organization has taken any action
described in subsection (a) of this section.
Mr. BEARD (during the reading).
Mr. Chairman, ?I ask unanimous con-
sent that the amendment be consid-
ered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Tennessee?
There was no objection.
(Mr. BEARD, asked and was given
permission to revise and extend his re-
marks.)
Mr. BEARD. Mr. Chairman, my
amendment is a simple one, but its im-
portance cannot be overstated. It says
to the members of the United Nations
and the United Nations Educational,
Scientific and Cultural Organization-
UNESCO for short-that if they take
any steps to implement a policy which
has the effect of licensing journalists
or their publications, to censor or oth-
erwise restrict the free flow of infor-
mation within or among countries, or
to impose mandatory codes of journal-
istic practice or ethics, we in the
United States shall withdraw our con-
tribution to that organization,
The Members will notice that I said,
"implement." They may discuss or
debate all they want; it is only when
they actually try to impose such a re-
pressive policy of journalistic suppres-
sion that my amendment would take
effect:
My amendment makes it the respon-
sibility of the Secretary of State to
report to the Congress no later than
February 1 of each year as to whether
UNESCO has taken such action.
Mr. Chairman, UNESCO has been
debating such a plan for nearly a
decade, although it is only in the last 4
years that the possibility they would
adopt such a plan has grown to dan-
gerous levels. It is inspired by a group
of nations represented by the Soviet
bloc countries and various totalitarian
governments of the Third World.
There are many proposals which
have been put forth in varying degrees
or forms. Most proposals involve some
kind of licensing of journalists based
^ 1245
Some might say by adopting my
amendment we are acting like the pro-
verbial child who threatens to take his
ball and go home if he does not win
the game. I do not -agree. Freedom of
thought and information is not a
game. It is a basic human right. We
must not compromise on it.
Most countries in this world already
live in severe material proverty. They
should not have to suffer intellectual
proverty as well. UNESCO proposals,
if carried out, would do that.
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September 17, 1981 CONGRESSIONAL RECORD - HOUSE
Mr. Chairman, the United States
simply cannot be a party to global re-
pression of freedom of information.
My amendment makes that crystal
clear to all concerned, and I urge its
adoption.
Mr. Chairman, at this point I wish to
include a copy of President Reagan's
letter supporting my amendment:
The letter follows:
THE WrnTE HousE,
Washington, September 17, 1981.
HoN. Taoa s P. O'NEiia., Jr.,
Speaker of the House of Representatives,
Washington, D.C.
DEAR MR. SPEAKER: I would like to convey
this Administration's support for Repre-
sentative Robin Beard's amendment to the
State Department authorization bill con-
cerning funding for UNESCO.
The United States has long regarded the
principle of the free flow of information as
a cornerstone of any democratic political
order, and an essential instrument for fur-
thering understanding among the peoples of
the world and encouraging the growth of
free, equitable and enlightened government.
As Article 19 of the Universal Declaration of
Human Rights 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 and regardless of frontiers." Un-
fortunately, this principle is today too often
honored more in the breach than the obser-
vance. It is particularly worrisome that it
should come under attack in an internation-
al organization that ought to be its most te-
nacious defender-the United Nations Edu-
cational, Scientific and Cultural Organiza-
tion (UNESCO).
We recognize the concerns of certain de-
veloping countries regarding imbalances in
the present international flow of informa-
tion and ideas. But we believe that the way
to resolve these concerns does not lie in si-
lencing voices nor restricting access to the
means of communication, but in encourag-
ing a broad and rich diversity of opinion. Ef-
forts to impose restrictions on the activities
of journalists in the name of issuing licenses
to "protect" them, and other restrictions of
this sort that have been proposed by certain
members of UNESCO, are unacceptable to
the United States. We strongly support-
and commend to the attention of all na-
tions-the declaration issued by independ-
ent media leaders of twenty-one nations at
the Voices of Freedom Conference, which
met at Talloires, France, in May of this
year. We do not feel we can continue to sup-
port a UNESCO that turns its back on the
high purposes this- organization was origi-
nally intended to serve. .
With best wishes,
Sincerely,
RONALD REAcAN.
Mr. SMITH of Alabama. Mr. Chair-
man, will the gentleman yield?
Mr. BEARD. I yield to the gentle-
man from Alabama (Mr. SMITx).
(Mr. SMITH of Alabama asked and
was given permission to revise and
extend his remarks.)
Mr. SMITH of Alabama. Mr. Chair-
man, I rise in support of this amend-
ment designed to 'encourage and pro-
tect free press and the free exchange
of ideas. It is right and fitting that the
greatest free society on Earth should
oppose. strenuously this effort to ma-
nipulate information from country to
country.
. Since the licensing proposal under
consideration by UNESCO was initiat-
ed by the Soviet Union it has received
growing support from totalitarian and
developing nations. The proposal is an
obvious effort to censor and intimidate
the press and the free flow of news
and ideas between countries.
America appreciates the value of a
free press. Therefore, we must let the
world know we value dearly the com-
petition of ideas and the free flow of
information. Freedom is under assault,
and.we must act.
A clear and strong message must be
sent to UNESCO that we find press
regulation" repugnant. We certainly
have the power to influence this im-
portant issue because we pay such a
large percentage of the UNESCO
budget-25 percent of $45 million an-
nually.
I have every confidence that if we
have the resolve we will be successful.
I urge passage of this amendment be-
cause it reflects our dedication to
press freedom and demonstrates to the
world that we are proud and vigilant
of our commitment to liberty and
desire that same liberty for all who
would choose it.
Mr. McDONALD. Mr. Chairman,
will the gentleman yield?
Mr. BEARD. I yield to the gentle-
man from Georgia (Mr. MCDONALD).
Mr. McDONALD. I thank the gen-
tleman for yielding and would like to
commend the gentleman from Tennes-
see (Mr. BEARD) for a very important
amendment, one that strikes at the
very heart of the danger that is now
posed against freedom of the press
and freedom of speech.
. The CHAIRMAN pro tempore. Time
of the gentleman from Tennessee has
expired.
(By unanimous consent Mr. BEARD
was allowed to proceed for 2 additional
minutes.)
Mr. McDONALD. If the gentleman
will continue to yield, I think the gen-
tlemaii has done a very important
thing to put the spotlight on the pro-
posed actions or the discussed pro-
posed actions in UNESCO, ones that
would threaten freedom of speech,
freedom of the press. I would like to
commend the gentleman from Tennes-
see for this very important amend-
ment and I wholeheartedly support it.
Mr. BEARD. I thank the gentleman.
Mr. LAGOMARSINO. Mr. Chair-
man, will the gentleman yield?
Mr. BEARD. I am happy to yield to
the gentleman from California (Mr.
LAGOMARSINO).
(Mr. LAGOMARSINO asked and
was given permission to revise and
extend his remarks.)
Mr. LAGOMARSINO. Mr. Chair-
man, I rise in support of the amend-
ment by the gentleman from Tennes-
see to the State Department authori-
zation bill, which would direct the
cutoff of America's financial contribu-
tion to the United Nations Education-
al, Scientific and Cultural Organiza-
tion (UNESCO), should that body im-
H 6349
plement a worldwide system of media
control and press censorship.
We have watched over the past sev-
eral years as UNESCO has seriously
debated this issue and now must publi-
cally announce our adamant opposi-
tion to the Soviet bloc and totalitarian
governments desire to control the free
flow of information among nations. I
believe we must not allow discretion to
host governments to either color or
fully censor press reports from an in-
ternational body whose obligations lie
with all its member countries. It is my
opinion, and I think you will agree,
that any implementation of such jour-
nalistic censorship cannot be tolerat-
ed.
Remember, the United States con-
tributes a full one-fourth of UNES-
CO's budget. Our position opposing
censorship, and our intention to act in
good faith, must be made clear before
any decision by that body is made on
this issue. I urge my colleagues who
support this basic right of freedom of
the press to vote in favor of this
amendment.
Mr. BEARD. I thank the gentleman
for those comments.
Mr. PARRIS. Mr Chairman, will the
gentleman yield?
Mr. BEARD. I am happy to yield to
the gentleman from Virginia (Mr.
PARRIS).
(Mr. PARRIS asked and was given
permission to revise and extend his re-
marks.)
Mr. PARRIS. Mr. Chairman, I com-
mend the gentleman for his position
on this amendment and I commend it
to my colleagues.
It seems to me that this is basically a
kind of worldwide protection of our
Nation's freedom of speech and the
first amendment.
I would like to engage very briefly in
a colloquy with the gentleman from
Tennessee. It is my understanding
that the State Department authoriza-
tion has, in fact, passed the other body
and there is a proposal generally
known as the Moynihan-Quayle
amendment. How does the gentle-
man's amendment compare with the
Moynihan-Quayle amendment?
The CHAIRMAN pro tempore. Time
of the gentleman from Tennessee has
again expired.
(By unanimous consent Mr. BEARD
was allowed to proceed for 3 additional
minutes.)
Mr. BEARD. The other body has
passed an amendment dealing with
this issue. There is a major difference,
though. They would only cut back our
contribution to UNESCO by a percent-
age equal to the percentage of UNES-
CO's total budget that is spent on im-
plementing a world press regulation
system. That may well be a very small,
even nominal amount.
UNESCO may only spend 1 percent
or several million dollars of the total
budget on this so-called New World In-
formation Order, so under the Moyni-
han-Quayle amendment the cutoff,
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CONGRESSIONAL RECORD -- HOUSE September 17, 1981
our cutoff would only be approximate-
ly 1 percent, which would be meaning-
less amoung an(l not have any teeth in
it.
Mr. PARRIS. Does the gentleman
believe, therefore, that his amend-
ment would be more effective?
Mr. BEARD. I think my amendment
would definitely get their attention if
they saw the potential of the loss of
$49 million to $50 million, yes.
Mr. PARRIS. If the gentleman
would yield further, how does the gen-
tleman respond to the suggestion that
he is infringing on the State 'Depart-
ment's discretion in his amendment?
Mr. BEARD. I think everyone in this
body knows that it is the Congress
right to decide how the taxpayers' dol-
lars are spent and set policy. I do not
see this as infringement on the State
Department's rights at all.
Mr. PARRIS. One final inquiry.
Does the gentleman agree with the
State Department, whose position; as I
understand it, is that they would
rather fight this battle within
UNESCO itself without congressional
strings being attached?
Mr. BEARD. I am apprised that the
State Department's position has prob-
ably changed on that as a result of
President Reagan's letter and strong
support for my amendment. So I feel
that opposition is a moot point at this
time.
Mr. LANTOS.. Mr. Chairman, will
the gentleman yield?
Mr. BEARD. I yield to my colleague
from California (Mr. LANTOS).
(Mr. LANTOS asked and was given
permission to revise and extend his re-
marks.)
Mr. LANTOS. Mr. Chairman, first I
want to commend my friend from Ten-
nessee (Mr. BEARD) for bringing this
all-important matter to the attention
of. this body.
Totalitarian regimes begin and they
thrive over the suppression of the
freedom of the press. There is no more
important freedom in any society than
the freedom of the press to investigate
and to report.
I think this is a very important
measure. I am proud to associate
myself with my colleagues' move and I
commend it to my friends.
Mr. BEARD. I thank my colleague
from California for his generous re-
marks.
Mr. REGULA. Mr. Chairman, will
the gentleman yield?
Mr. BEARD. I yield to the gentle-
man from Ohio (Mr. REGULA).
(Mr. REGULA asked and was given
permission to revise and extend his re-
marks.)
Mr. REGULA. Mr. Chairman, I want
to commend the gentleman for this
amendment. I think a free flow of In-
formation, whether it be in the United
States or worldwide, is vital to the
decisionmaking process. By supporting
this amendment, we are simply saying
that we believe in an open press and
an open flow of information. I think it
is fundamental to our Nation and very
much in keeping with our principles.
Mr. Chairman, the importance of
this amendment cannot be understat-
ed. The gentlemen from Tennessee
(Mr. BEARD) has performed an impor-,
tant service to the institution of a free
press, an institution which this coun-
try takes seriously. The import of this
amendment goes beyond sending a
strong message and stern warning to
UNESCO. It really is a reaffirmation
to the world of this country's commit-
ment to a free and open press. There-
fore, I commend the gentleman for his
leadership in this important area and
urge the adoption of the amendment.
Mrs. FENWICK. Mr. Chairman, will
the gentleman yield?
Mr. BEARD. I am happy to yield to
the gentlewoman from New Jersey
(Mrs. FENWICK).
Mrs. FENWICK. Mr. Chairman, I
Just would like to say in reference to
the remarks of my colleague from
California (Mr. LANTOS) that it was on
October 4, 1933, that Hitler's Reich
first decided to install censorship for
the press. very much a mark of the
dictatorship, right or left.
The CHAIRMAN. The time of the
gentleman from Tennessee has again
expired.
(By unanimous consent Mr. BEARD
was allowed to proceed for 2 additional
minutes.)
Mr. LUNGREN. Mr. Chairman, will
the gentleman yield?
Mr. BEARD. I yield to the gentle-
man from California (Mr. LDNOREN).
(Mr. LUNGREN asked and was
given permission to revise and extend
his remarks.)
Mr. LUNGREN. Mr. Chairman, I
want to also commend the gentleman
for bringing this to the attention of
the House. To those who would sug-
gest, as the gentleman said,' we are
taking our ball and going home with
it, I suggest that is not true.. At a time
when many are concerned about how
we would combat the menace of totali-
tarianism around the world without
reverting to a military action here is a
simple case where we can act. We can
show proper moral indignation at an
effort by totalitarian regimes in this
world to keep the truth out.
As the Universal Declaration of
Human Rights states:
Everyone has the right to freedom of
opinion and expression. This right includes
freedom to.hold opinions without interfer-
ence and to seek, receive, and impart infor-
mation and ideas through any media and re-
gardless of frontiers.
It seems strange to me that we
would expect other countries to have
any respect for the principles em-
bodied in our Constitution if on a
question as fundamental as this we are
not willing to come forward with
something more than just a slap on
the wrist. So I do not think this is a
childish threat. This is something
which expresses in a very vivid way
how strongly Americans feel about the
right of free press, the right of free
speech, and that any attempt by a
United Nations operation, to restrict
that will be dealt with swiftly and
very, very effectively by this Congress..
I thank the gentleman for his ef-
forts in this regard.
Mr. BEARD. I thank the gentleman
for his remarks.
Mr. LEWIS. Mr. Chairman, will the
gentleman yield?
Mr. BEARD. I yield to the gentle-
man from California (Mr. LEwIS).
Mr. LEWIS. Mr. Chairman, I would
like to commend my colleague from
Tennessee (Mr. BEARD) for bringing
this most important item before the
House today.
Amazingly, Just 2 months. ago, I
would say to the gentleman from Ten-
nessee, in the Subcommittee on For-
eign Operations I was astonished to
see several groups come before the
committee who traditionally have
been very supportive of the ideals of
the United Nations. They came before
the committee and raised serious ques-
tions about patterns that are develop.
ing there. For example, the B'nai
B'rith expressed great concern about
what was happening within the United
Nations'where the majority of those
serving in that body happen to dis-
agree with one of their opponents.
I recall clearly the days in my col-
lege years in the 1950's where it was
almost considered to be subversive to
question the United Nations. I would
suggest further that in America we
have serious questions about "the ero-
sion of freedom of the press. In my
own State in California Just in the last
year by a vote of 72 percent the people
placed in the State constitution a
shield law to assure a free now of in-
formation between the public and
their government.
In the Bill of Rights the first
amendment deals with freedom of
speech, of communication, to preserve
our country from totalitarian efforts.
The CHAIRMAN. The time of the
gentleman from Tennessee has again
expired.
(By unanimous consent Mr. BEARD
was allowed to proceed for I additional
minute.)
Mr. LEWIS. If the gentleman will
continue to yield, today in the world
that question is all important. Efforts
on the part of those in world bodies
such as the U.N. who would under-
mine free speech should be of concern
to not just all of us in this body to all
people in the world as well.
The gentleman bringing this to us
today with a strong vote for this
amendment today is most important
in furthering that longstanding free-
dom.
Mr. BEARD. I thank the gentleman.
Mr. FASCELL. Mr. Chairman, I
move to strike the necessary number
of words.
Ms. FIEDLER. Mr. Chairman, will
the gentleman yield?
Mr. FASCELL. I yield to the gentle-
woman from California.
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(Ms. FIEDLER asked and was given
permission to revise and extend her re-
marks.)
Ms. FIEDLER. I thank the gentle-
man for yielding.
I, too, would like to rise in support
of the amendment being offered to us.
The purpose of trying to restrict the
free flow of information can only help
to conceal the truth. It is absolutely
imperative that we do go on record op-
posing UNESCO's effort to muzzle the
press, and I am proud to be able to
support this effort by my colleagues.
Mr. FASCELL. _ Mr. Chairman, the
committee has expressed great con-
cern over this matter in several ways
and my colleagues need to know this.
We have had numerous hearings over
a course of years in following very
carefully the progress and the oper-
ations of UNESCO. We have had innu-
merable conferences with people in
the Department of State who have a
responsibility, with the delegations
who have gone there, either before
they go or after they come back or
both. We have met many times with
the interested groups who have been
waging not only a determined but a
marvelous struggle. I am talking now
about the media in this country who
have led the fight and sounded the
clarion call with respect to this issue.
So we have been aware of it. Our
most recent action will be on the next
amendment which comes up as a fol-
lowup to this amendment, Mr. Chair-
man, which is very important, because
that amendment following the Beard
amendment asks the administration to
undertake immediately total evalua-
tion of our participation, the pro-
grams, the people, everything having
to do with UNESCO.
So in the adoption of the Beard
amendment I would hope my col-
leagues would keep that in mind, that
the next amendment is a very impor-
tant corollary.
Mr. MILLER of Ohio. Mr. Chair-
man, I move to strike the requisite
number of words, and I rise in support
of the Beard amendment.
(Mr. MILLER of Ohio asked and was
given permission to revise and extend
his remarks.)
Mr. MILLER of Ohio. Mr. Chair-
man, I rise in support of the Beard
amendment which takes a forthright
stand against increasing efforts of
U.N. bodies to control information.
Today, we are concerned about the
new world information and communi-
cation order sponsored by UNESCO.
This effort is the result of Soviet ini-
tiatives begun in the mid-1970's to
bring developing nations and totalitar-
ian nations into an alliance to control,
on an international basis, information
and reporting the way it is controlled
in their own countries. I think it is
very important that we make it clear
that the United States is firmly op-
posed to UNESCO's code to regulate
the news and to control the world
press, and thus shape news and infor-
mation in ways that are more accept-
able to Third World governments.
In 1980, the United States contrib-
uted $49 million for its share of
UNESCO's operating expenses. I do
not think that U.S. taxpayers want
their dollars to be used to support a
system that sets a new universal
standard on world news flow that is
ideologically opposed to the principles
of a free press.
Mr. DERWINSKI. Mr. Chairman, I
move to strike the requisite number of
words, and I rise in support of the
amendment.
(Mr. QERWINSKI asked and was
given permission to revise and extend
his remarks.)
Mr. DERWINSKI. Mr. Chairman, I
would like to just clarify a couple of
points and I will make an observation
of my own.
First, let us please differentiate be-
tween an entity of the U.N. and the
U.N. itself. This is UNESCO. They
have their own staff and delegates
with totally different interests than
the U.N. as a whole. So I do not want
us to tar and feather the entire U.N.
because of a legitimate difference of
opinion we have with this one entity
within that structure.
The reason I am inclined to support
the amendment, and I will do so, is be-
cause I felt that when the AFL-CIO
was upset at developments in the In-
ternational Labor Organization they
served notice they were going to with-
hold U.S. dues. Under the provisions
of that organization it was 2 years
before it went into effect. Near the
end of the second year when the ILO
brass realized the AFL-CIO meant
business and were supported by our
Government they were quick to make
an accommodation and cleaned up
most of the abuses that had been al-
lowed.
It seems to me that even though our
committee has passed a resolution
asking for them to reconsider this
muzzling of the press, if I may use
that term, it would be much more sig-
nificant should we take the step of
starting to withhold funds. .
0 1300
That they will understand. That is
polite dollar diplomacy. And if they
understand that the cost to them of
trying to impose a form of censorship
over the press is to lose the financial
support of a major contributing coun-
try, I think that will have a sobering
effect. I think it will have much more
of a sobering effect than the resolu-
tion adopted by the House Foreign Af-
fairs Committee.
So for that reason, thinking that an
early, firm notice is better than a well-
intended message, I support the Beard
amendment.
Mr. DYMALLY. Mr. Chairman, I
move to strike the requisite number of
words, and I rise in opposition to the
Beard amendment.
(Mr. DYMALLY asked and was
given permission to revise and extend
his remarks.)
Mr. DYMALLY. Mr. Chairman, I
rise to speak against the Beard amend-
ment. Reducing or cutting off assessed
contributions, in my judgment, is a
blunt instrument that should be re-
served for cases involving a clear
action violating an organization's
charter, purposes, or vital U.S. inter-
ests. UNESCO has taken no decision
to regulate news content. Therefore,
the amendment offered by the gentle-
man from Florida (Mn- FASCELL) pro-
vides a reasonable alternative that sig-
nals to UNESCO that the U.S. Con-
gress is monitoring their actions very
closely.
It seems ? to me we need a thorough
review of UNESCO's programs and ac-
tivities. As the U.N. specialized agency
with the broadest scope, many of its
activities do not come to our attention.
The amendment offered by the gentle-
man from Florida (Mr. FASCELL) Will
enable us for the first time to have a
detailed examination of this organiza-
tion's activities on which to base our
future decisions.
There are many things that are good
about UNESCO and some things that
are critical, but it seems to me that we
need to go about this in a very ration-
al, a very reasonable manner, rather
than responding hysterically to what
we perceive as censorship but which
censorship has not taken place.
Mr. BEARD. Mr. Chairman, will the
gentleman yield?
Mr. DYMALLY. I yield to the gen-
tleman from Tennessee.
Mr. BEARD. I appreciate the gentle-
man's sincerity, and I agree with the
gentleman that this is not-and I do
not mean. for it to be-an attack on
UNESCO as a total entity. I think the
gentleman must not totally under-
stand my amendment, and just for
clarification in the RECORD, I would
like at this time to reassure the gentle-
man that I am not cutting off one
single penny.
Let me just read to the gentleman
the wording of the amendment, if I
may:
None of the funds authorized to be appro-
priated by section 102(a)(2) of this Act or by
any other Act for "International Organiza-
tions and Conferences" may be used for
payment by the United States of its contri-
bution toward the assessed budget of the
United Nations Educational, Scientific and
Cultural Organization if that organization
implements any policy or procedure the
effect of which is to license journalists or
their publications, to censor or otherwise re-
strict the free flow of information within or
among countries, or to impose mandatory
codes of journalistic practice or ethics.
So I am not cutting a single penny. I
am just saying if they pursue that
which they are discussing-I even say
in my statement,
Let them discuss it, let them analyze it,
debate it.
But the day they start implementing
censorship of the press, I do not see, in
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a country, in all good conscience, how
we can use our tax- dollars to imple-
ment suppression of freedom of the
press.
And I also go on to say:
Not later than February 1 of each year,
the Secretary of State shall report to the
Congress with respect to whether the
United Nations Educational, Scientific and
Cultural Organization has taken any action
described in subsection (a) of this section.
So it is not the hatchet approach.
And I just want to make sure that the
gentleman understands that, that I
am not that unreasonable on that.
Mr. DYMALLY. I thank the gentle-
man.
Would the gentleman support an
amendment to withdraw all' Govern-
ment inkind support to the U.S.. press
so that they may have some responsi-
bility and objectivity in their report-
ing?
Mr. BEARD. Will the gentleman
repeat his statement?
Mr. DYMALLY. Would the gentle-
man support an.,. amendment to with-
draw all inkind services that we give to
the American media so that they may
be responsible and objective in their
reporting.
Mr. BEARD. What inkind support
do we give at this time? .
Mr. DYMALLY. They get free space,
telephone.
Mr. BEARD. I think that is our re-
sponsibility, to find a place for the
press, to sit up there so that they can
report on some of the insanities that
go on down here, and some of the good
things, like my amendment, that go on
down here also. .
Mr. DYMALLY. I thank the gentle-
man.
Mr. Chairman, I support the Fascell
amendment. The gentleman from
Florida (Mr. FASCELL) knows this issue
more than anyone else in this commit-
tee, and I think that he has taken a
more constructive approach to solving
this dilemma.
(Mr. SOLOMON asked and was
given permission to revise and extend
his remarks.)
Mr. SOLOMON. Mr. Chairman, I
rise in support of the Beard amend-
ment.
Mr. Chairman, I would like to add
my strong support to the gentleman's
amendment. For all our occasional
complaints about this story or that ar-
ticle, America has the greatest press in
the world and the people are better in-
formed here than anywhere else.
The reason we have the best press is
clear-reporters and news organiza-
tions have almost unlimited freedom
to gather and distribute the news. The
press really does act as a fourth
branch of Government, checking
abuses and rooting out corruption.
The basic first American freedoms
that we take for granted, including
freedom of the press, have never been
very well respected in most of the rest
of the world and now they are under
even more attack.
There's nothing that Communist
leaders fear more than a free press.
CONGRESSIONAL RECORD -- HOUSE September 17, 1981
The horrors or the Communist system
would be exposed for everyone to see
if press organizations had free access
to information in Soviet-bloc: countries
that they have here.
So it is really no surprise that the
Soviet puppets and the various dicta-
tors around the world are trying to
snuff out what press freedoms still
exist in their countries.
What is a surprise-a shock really-
is that the United States might be put
in the position of tacitly approving
this suppression. To think that
UNESCO-an arm of the United Na-
tions-would ever consider some sort
of journalistic licensing. It is outra-
geous. -
The idea that Soviet bloc and Third
World governments would be given
permission to license and regulate the
press is ludicrous. It is like having the
underworld picking FBI agents and
telling them to investigate parking vio-
lations. If UNESCO actually goes for-
ward with its press regulations, then
this country should wash its hands of
the entire organization. America
should never condone any encroach-
ment of freedom. UNESCO must know
where this Congress stands.
? Mr. TRIBLE. Mr. Chairman, I- rise
in support of the amendment offered
by my distinguished colleague, the
gentleman from Tennessee.
Freedom of the press is a right cher-
ished in America. We. believe. that a
free people, in order, to maintain their
freedom, must have unimpeded access
to information about public affairs af-
fecting their lives. We believe that
only an informed public can achieve
the goals of self-government.
The objectives of the UNESCO ef-
forts to license journalists can only
serve to stifle the flow, of information
in the world, and thus to stifle the
hope of freedom people in other lands
share with us.
Thomas Jefferson recognized the
vital need of a free and unfettered
press to a free society. He said that,
were he required to make a choice, he
would choose a free press over govern-
ment control of information, and he
maintained that advocacy throughout
his life even though, of our Presidents,
he was one most vilified by the very
press he argued should be free.
Another great Virginian, George
Mason, the father of our. Bill of
Rights, included freedom of the press
among those rights a people must
have to remain free. He felt so strong-
ly that this right and others were so
essential to a free America that, as a
delegate to the Constitutional Conven-
tion, he refused to sign the Constitu-
tion because it did not contain a Bill of
Rights.
Mr. Chairman, we cannot, in good
conscience, force our form of govern-
ment, our Constitution and our Bill of
Rights on other nations, but we can-
indeed, conscience should compel us-
to strike down efforts of international
institutions in which we participate
from suppressing freedom and the
dream of freedom in the world.
I urge my colleagues to vote "yea"
on this amendment.?
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Tennessee (Mr. BEARD).
The question was taken; and the
Chairman announced that the ayes
appeared to have it.
RECORDED VOTE
Mr. BEARD. Mr. Chairman, I
demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic
device, and there were-ayes 372, noes
19, not voting 42, as follows:
[Roll No. 2101
AYES-372
Addabbo Derrick Hatcher
Akaka Derwinski Heckler
Albosta Dickinson Hefner
Alexander Dicks Heftel
Anderson Dingell Hendon
Andrews Dixon Hertel
Annunzio Donnelly Hiler
Anthony Dorgan Hillis
Applegate Dorgan Holt
Archer Dowdy Hopkins
Ashbrook Downey Howard
Aspin " Dreier Boyer
Atkinson Duncan Hubbard
AuCoin Dunn Huckaby -
Badham Dwyer. Hughes
Bafalis Dyson Hunter
Bailey (MO) Early Hutto
Bailey (PA) Eckart Hyde
Barnes Edwards (AL) Ireland
Beard' Edwards (OK) Jacobs
Bedell Emerson Jeffords
Benedict Emery Jeffries
Benjamin English Jenkins
Bennett Erdahl Johnston
Bereuter Erlenborn Jones (NC)
Bethune Ertel Jones (OK)
Bevill Evans (DE) Jones (TN)
Bingham Evans (GA) Kazen
Blanchard Evans (IN) _ Kemp
Bliley Vary Kildee
Boggs Fascell Kindness
Boland Fazio Kogovsek
Boner Fenwick . LaFalce
Bonior Ferraro Lagomarsino
Booker Fiedler Lantos
Bouquard Fields Latta
Bowen Findley Leach
Breaux Fish Leath
Brinkley Fithian LeBoutillier
Brooks Flippo Lee
Broomfield Florio Lent
Brown (CO) Foglietta Levitas
Brown (OH) Foley Lewis
Broyhill Ford (MI) - Livingston
Burton, John Forsythe Loeffler
Butler Fountain Long (LA)
Campbell Fowler Long (MD)
Carman Frank Lott
Carney Frost Lowery (CA)
Chappell Fuqua Lowry (WA)
Chappie Garcia Luken
Cheney Gaydos Lundine
Clausen Gejdenson Lungren
Clinger Gephardt Madigan
Coats Gibbons Markey
Coleman Gilman Marks
Collins (IL) Gingrich Marlenee
Collins (TX) Glickman Marriott
Conable Gonzalez Martin (IL)
Conte Goodling Martin (NC)
Corcoran Gore Martin (NY)
Courter Gradison Matsui'
Coyne, James Gramm Mattox
Coyne, William Green Mavroules
Crane, Daniel Gregg Mazzoli
Crane, Philip Grisham McClory
D'Amours Guarini McCollum
Daniel, Dan Gunderson McCurdy
Daniel, R. W. Hagedorn McDade
Danielson Hall (OH) McDonald
Dannemeyer Hamilton McEwen
Daschle Hammerschmidt McGrath
Daub Hance McHugh
Davis Hansen (ID) McKinney
Deckard Harkin Mica
DeNardis Hartnett Michel
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CONGRESSIONAL RECORD - HOUSE
Mikulski
Rhodes
Staton
Miller (CA)
Rinaldo
Stenholm
Miller (OH)
Ritter
Stratton
Mineta
Roberts (KS)
Studds
Minish
Roberts (SD)
Stump
Mitchell (NY)
Robinson
Swift
Moakley
Rodino
Synar
Molinari
Roe
Tauke
Mollohan
Roemer
Tauzin
Montgomery
Rogers
Taylor
Moore
Rose
Thomas
Moorhead
Rosenthal
Traxler
Morrison
Roth
Trible
Mottl
Roukema
Udall
Murphy
Rousselot
Vander Jagt
Murtha
Roybal
Vento
Myers
Russo
Volkmer
Napier
Sabo
Walgren
Natcher
Schneider
Walker
Neal
Schroeder
Washington
Nelligan
Schulze
Watkins
Nelson
Schumer
Waxman
Nichols
Seiberling
Weaver
Nowak
Sensenbrenner
Weber (MN)
Oakar
Shamansky
Weber (OH)
Oberstar
Shannon
Weiss
Ottinger
Sharp
White
Oxley
Shaw
Whitehurst
Panetta
Shelby
Whitley
Parris
Shumway
Whittaker
Pashayan
Shuster
Whitten
Patman
Siljander
Williams (MT)
Patterson
Simon
Williams (OH)
Paul
Skeen
Wilson
Pease
Skelton
Winn
Perkins
Smith (AL)
Wirth
Petri
Smith (IA)
Wolf
Peyser
Smith (NE)
Wolpe
Pickle
Smith (NJ)
Wortley
Porter
Smith (OR)
Wright
Price
Smith (PA)
Wyden
Pritchard
Snowe
Wylie
Pursell
Snyder
Yates
Rahall
Solarz
Yatron
Railsback
Solomon
Young(FL)
Ratchford
Spence
Young (MO)
Regula
Stangeland
Zablocki
Reuss
Stark-
Zeferetti
NOES-19
Beilenson
Dymally
Leland
Bolling
Edgar
Mitchell (MD)
Brodhead
Edwards (CA)
Rangel
Brown (CA)
Ford (TN)
Richmond
Clay
Gray
Stokes
Conyers
Hawkins.
Dellums
Kastenmeter
Barnard
Ginn
O'Brien
Biaggi
Goldwater
Obey
Burgener
Hall, Ralph
Pepper
Burton, Phillip
Hall, Sam
Quillen
Byron
Hansen (UT)
Rostenkowski
Chisholm
Hightower
Rudd
Coelho
Holland
Santini
Coughlin
Hollenbeck
Savage
Craig
Horton
Sawyer
Crockett
Kramer
Scheuer
de la Garza
Lehman
St Germain
Dougherty
Lujan
Stanton
Evans (IA)
McCloskey
Wampler
Frenzel
Moffett
Young (AK)
^ 1315
The Clerk announced the following
pairs:
On this vote:
Mr. Coelho for, with Mr. Crockett against.
Messrs. HAWKINS, BOLLING, and
BEILENSON changed their votes
from "aye" to "no."
Mr. KEMP changed his vote from
"no" to "aye."
So the amendment was agreed to.
The result of the vote was an-
nounced as above recorded.
AMENDMENT OFFERED BY MR. SHAMANSKY
Mr. SHAMANSKY. Mr. Chairman, I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. SHAMANSKY:
Page 31, immediately after line 12, insert
the following new section:
UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND
CULTURAL ORGANIZATION
SEC. 120. (a) The Congress finds that-
(1) a free press is vital to the functioning
of free governments;
(2) Article 19 of the Universal Declaration
of Human Rights provides for the right to
freedom of expression and to "seek, receive
and impart information and ideas through
any media regardless of frontiers";
(3) the Constitution of the United Nations
Educational, Scientific and Cultural Organi-
zation provides for the promotion of "the
free flow of ideas by words and images";
(4) the signatories of the Final Act of the
Conference on Security and Cooperation in
Europe (Helsinki, 1975) pledged themselves
to foster "freer flow and wider dissemina-
tion of information of all kinds, to encour-
age cooperation in the field of information
and the exchange of information with other
countries, and to improve conditions under
which journalists from one participating
State exercise their profession in another
participating State"; and
(5) government censorship, domination, or
suppression of a free press is a danger to
free men and women everywhere.
(b) Therefore, it is the sense of the Con-
gress that the United Nations Educational,
Scientific and Cultural Organization should
cease efforts to attempt to regulate news
content 'and to formulate rules and regula-
tions for the operation of the world press.
(c) The Congress opposes efforts by some
countries to control access to and dissemina-
tion of news.
(d) The President shall evaluate and, not
later than six months after the date of en-
actment of this Act, shall report to the Con-
gress his assessment of-
(1) the extent to which United States fi-
nancial contributions to the United Nations
Educational, Scientific, and Cultural Orga-
nization, and the extent to which the pro-
grams and activities of that Organization,
serve the national interests of the United
States;
(2) the programs and activities of the
United Nations Educational, Scientific, and
Cultural Organization, especially its pro-
grams and activities in the communications
sector; and
(3) the quality of the United States par-
ticipation in the United Nations Education-
al, Scientific, and Cultural Organization, in-
cluding the quality of United States diplo-
matic efforts with respect to that Organiza-
tion, the quality of United States represen-
tation in the Secretariat of that Organiza-
tion, and the quality of recruitment of
United States citizens to be employed by
that Organization. ,
Such report should include the Presi-
dent's recommendations regarding any im-
provements which should be made in the
quality and substance of United States rep-
resentation in the United Nations Educa-
tional, Scientific, and Cultural Organiza-
tion.
Mr. SHAMANSKY (during the read-
ing). Mr. Chairman, I ask unanimous
consent that the amendment be con-
sidered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the. request of the gentleman from
Ohio?
There was no objection.
Mr. SHAMANSKY. Mr. Chairman, I
want to commend the gentleman from
Tennessee for his activity and concern
over the efforts by UNESCO to devel-
H 6353
op a New World Information Order.
This is also a problem that has con-
cerned me for some time. On May 19,
Congresswoman FENWICK and I intro-
duced House Resolution 142, a resolu-
tion expressing the sense of the Con-
gress that UNESCO should cease its
effort to develop a so-called New
World Information Order. This resolu-
tion currently has 55 cosponsors and
was the subject of several days of joint
hearings this past July before the Sub-
committees on Human Rights and In-
ternational Organizations, and the
Subcommittee on International Oper-
ations. This morning the resolution
was approved by the full Foreign Af-
fairs Committee. My amendment is es-
sentially the text of House Resolution
142. It contains a strong statement on
the part of the Congress in opposition
to any attempt to regulate the press.
While this New World Information
Order has been discussed for many.
years, it has remained a rather vague
series of proposals. Some of these sug-
gestions are extremely _ dangerous,
such as those to license journalists and
develop government-imposed journal-
istic codes of conduct. Others, such as
the call for aid from developed nations
to less advance countries in setting up
local and regional press operations,
could be beneficial.
The dangers to the Western ideal of
political freedom based on the free
flow of information are inherent in
any broad attempt - to regulate the
press. We must make clear to
UNESCO and the world at large that
we Appose such regulations unequivo-
call .
Mrs. FENWICK. Mr. Chairman, will
the gentleman yield?
Mr. SHAMANSKY. I yield to the
gentlewoman from New Jersey.
Mrs. FENWICK. I thank the gentle-
man for yielding.
Mr. Chairman, I rise in support of
the Fenwick-Shamansky amendment.
This amendment is identical to
House Resolution 142, which Mr. SHA-
MANSKY and I introduced on May 19 of
this year, and which was reported by
the Committee on Foreign Affairs this
morning. The resolution has 55 co-
sponsors, including 17 members of the
House Foreign Affairs Committee. In
addition, the Department of State has
written the Foreign Affairs Committee
that it "commends this resolution as
further evidence of the commitment
of this Nation to defend without com-
promise first amendment principles."
The resolution was also the subject
of 2 days of excellent and revealing
hearings by the Subcommittee on In-
ternational Organizations and the
Subcommittee on Human Rights and
International Organizations. Interest-
ingly, at these hearings, the Assistant
Secretary of State for International
Organizations, Elliott Abrams, testi-
fied that it would be premature for
the United States to withdraw from
UNESCO or to threaten to cut off our
rather substantial contribution to that
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body. I agree with Assistant Secretary
Abrams that we should stay in
UNESCO and fight for what we be-
lieve is right.
The amendment which we are pro-
posing is very straightforward. It is a
simple expressipn of the sense of the
House in support of a free press and
in opposition to the threats now being
posed to it by UNESCO's continuing
activities. It. calls upon UNESCO to
cease efforts to regulate news content
and the operation of the world press.
It states our opposition to the efforts
of certain countries to control in this
way the flow of news. Finally, consist-
ent with an amendment to House Res-
olution 142 which was adopted by the
Foreign Affairs Committee this morn-
ing, it asks the President to report to
Congress on the activities of UNESCO,
on the quality of our representation in
that Organization, and on the extent
to which our contributions to
UNESCO serve the national interests
of the United States. This amendment
was adopted at the suggestion of Rep-
resentative FASCELL, the chairman of
the Subcommittee on International
.Operations.
The amendment is very similar in
spirit to the declaration made in May
of this year by 60 leaders of independ-
ent news organizations from over 20
countries at the Voices of Freedom
Conference in Talloires, France. In
fact, Congressman SHAmANsxy and I
introduced House Resolution 142 on
the day after the Talloires Conference
adjourned. Without objection, Mr.
Speaker, I would like to insert in the
RECORD a copy of the resolution which
the leader of the world's free press
adopted at that conference. It provides
an excellent statement of the commit-
ment of these distinguished gentlemen
and women to freedom of the press.
The declaration follows:
THE DECLARATION OF TALLOIRES
We journalists from many parts of the
World, reporters, editors, photographers,
publishers and broadcasters, linked by our
mutual 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 expres-
sion; 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 of Security
and Cooperation in Europe concluded in
1975 in Helsinki, Finland, pledged them-
selves to foster "freer flow and wider dis-
CONGRESSIONAL RECORD - HOUSE September 17, 1981
senlination 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:
1. We affirm our commitment to these
principles and call upon all international
bodies and nations to adhere faithfully to
them.
2. We believe that the free flow of infor-
mation and ideas is essential for mutual un-
derstanding and world peace. We consider
restraints on the movement of news and in-
formation to be contrary to the interests of
international understanding, in violation of
the Universal Declaration of Human Rights,
the constitution of UNESCO, and the final
act of the Conference on Security and Coop-
eration 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
vigorously 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 de-
veloped and developing countries alike, fre-
quently constrain or otherwise discourage
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 interest, 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 multi-
plicity of print journals, radio and television
stations because there is said to be a lack of
an economic base. Where a variety of inde-
pendent media is not available for any
reason, existing . information channels
should reflect different points of view.
7. We acknowledge the. importance of ad-
vertising as a consumer service and in pro?
viding financial support for a strong and
self-sustaining press. Without financial
independence, the press cannot be inde-
pendent. We adhere to the principle that
editorial decisions must be free of advertis-
ing influence. We also recognize advertising
as an important source of information and
opinion.
8. We recognize that new technologies
have greatly facilitated the international
flow of information and that the news
media in many countries have not suffi-
ciently benefited from this progress. We
support all efforts by international organi-
zations and other public and private bodies
to correct this imbalance and to make this
technology available to promote the world-
wide advancement of the press and broad-
cast media and the journalistic profession.
9. We believe that the debate on news and
information in modern society that has
taken place in UNESCO and other interna-
tional bodies should now be put; to construe-.
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 arbitrary
control of information and opinion should
be eliminated; the people's right to news
and information should not be abridged.
Access by journalists to diverse sources of
news and opinion, official or unofficial,
should be without restriction. Such access Is
inseparable from access of the people to in-
formation.
There can be no International code. of
journalistic ethics; the plurality of views
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
cannot be formulated, imposed or moni-
tored by governments without becoming an
instrument 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 or any
special status and oppose any proposals that
would control journalists in the name of
protecting them.
There should be no restriction on any per-
son's freedom to practice journalism. Jour-
nalists should be free to form organizations
to protect their professional interests.
Licensing of journalists by national or In-
ternational bodies should not be sanctioned,
nor should special requirements be demand-
ed of journalists in lieu of licensing them.
Such measures submit Journalists to con-
trols 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 independence. The ultimate
guarantor of journalistic responsibility is to
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 opin-
ion.
10. We pledge cooperation. in all genuine
efforts to expand the free flow of Informa-
tion worldwide. We believe the time has
come within UNESCO and other Intergov-
ernmental bodies to abandon attempts to
regulate news content and formulate ..rules
for the press. Efforts should be directed In-
stead to finding practical solutions to the
problems before us, such as Improving tech-
nological progress, Increasing professional
Interchanges and equipment transfers, re-
ducing 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
.joint dedication to the freest, most accurate
and impartial information that is within our
professional capability to produce and dis-
tribute. We reject the view of press theoreti-
cians and those national or international of-
ficials who claim that while people in some
countries already for a free press, those in
other counties are insufficiently developed
to enjoy that freedom.
We are deeply 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 believe
that the ultimate definition of a free press
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lies not in the actions of governments or in-
ternational bodies, but rather in the profes-
sionalism, vigor and courage of individual
journalists.
Press freedom is a basic human right. We
pledge ourselves to concerted action to
uphold this right.
Andres Garcia-Levin, (Inter. American
Press Association). Novidades de Yucatan.
Merida. Yucatan. Mexico.
Murray J. Gart, Washington Star, 255 Vir-
ginia Ave..-S.E., Washington, DC 20061.
USA.
Dr. Mohamed Abdel Gawad, Middle East
News Agency, 4 El-Sherifein Street. Cairo
Egypt.
Henry A. Grunwald, Time, Inc., Time-Life
Building. Rockefeller Center, New York NY
10020, USA.
William G. Harley, 6323 Waterway Drive
Falls Church, Va. 20520.
Stephen Hearts,. British Broadcasting
Corporation. Broadcasting House, Portland
Place, London W1A 1AA, England.
Argentina S. Hills (American Society of
Newspaper Editors). c/o Miami Herald. One.
Herald Plaza. Miami. Fla 33101, USA.
Lee Hills (American Society of Newspaper
Editors), Knight-Ridder Newspapers. Inc.
One Herald Plaza, Miami. Fla. 33101, USA.
Toshio Horikawa (Nihon Shimbun
Kyokai), 7-23 14 Kitakoiwa, Edogawa-ku,
Tokyo 133, Japan.
Julius Humi, United Press International, 8
Bouverie Street, London EC 4Y 8VB, Eng-
land.
Cushow Irani (International Press Insti-
tute), The Statesman, House 4, Chow-
ringhee Square, Calcutta 1, India.
Manuel Jimenez (Central American News
Agency), La Nacion, 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 8EZ, England.
;,is. Prescott Low (American Newspaper
Publishers Association), Quincy Patriot-
Ledger, 13 Temple, Quincy, Mass. 02169,
USA.
Arch L. Madsen (National Association of
Broadcasters), Bonneville International
Corp., 36 South State, Suite 2100, Salt Lake
City, Utah 84111, USA.
Leonard H. Marks (World Press Freedom
Committee), Cohn & Marks, 1333 New
Hampshire Ave., N.W., 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
NW11 7JB, England.
Simopekka Nortamo; (International Press
Institute), Helsingin Sanomat, PO Box 240,
SF-00101, Helsinki 10, Finland.
Dr. Sid-Ahmed Nugdalla, University of
Khartoum, Khartoum, Sudan.
Henri Pigeat, Agence France-Presse, 11
Place de IS, 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,
Rockefeller Center, New York, NY 10020,
USA.
R. P. Ralph, Foreign and Commonwealth
Office, London, SW1A 2AH, England,
SIGNATURES
V. O. Adefela, News Agenc3t of Nigeria,
National Theater, IGANMU, Post Mail box
2756, Lagos, Nigeria.
Horacio Aguirre, (Inter American Press
Association), Diario de las Americas, 2900
NW 39th Street, Miami, Fla. 33142, USA.
Robert C. Amerson, (Fletcher School of
Law and Diplomacy), Center for Interna-
tional Business, 22 Batterymarch, Boston,
Mass. 02109, USA.
Harold W. Andersen, (World Press Free-
dom 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 Ardwick of Barnes, (Commonwealth
Press Union), 10 Chester Close, Queen's
Ride, Barnes Common, London SW13, Eng-
land.
Maribel Bahia, International Federation
of Newspaper Publishers (FIEJ), 6 rue du
Faubourg-Poissoniere, 75010 Paris, France.
R. Balakrishnan, Asia-Pacific Institute for
Broadcasting Development, PO Box 1137,
Pantal, Kuala Lumpur, Malaysia.
Frank Batten, Landmark Communica-
tions, Inc., 150 West Brambleton Ave., Nor-
folk, Va. 23501, USA.
Roderick Beaton, United Press Interna-
tional, 220 East 42nd Street, New York, NY
10017, USA.
George Beebe, (World Press Freedom
Committee), Miami Herald, One Herald
Plaza, Miami, Fla. 33101, USA.
Dr. Hans Benirschke, Deutsche Presse-
Agentur, Hamburg 13, Mittelweg 38, West
Germany.
Dr. Johannes Binkowski, (International
Federation of Newspaper Publishers),
Schwaebiscag Post, Villestrasse 11, 7009
Stuttgart 1, West Germany.
B. Brandolini d'Adda (International Fed-
eration of the Periodical Press), Selezione
dal Readers Digest S.p.A., Via Alserlo 10,
20159 Milan, Italy.
Dana Bullen, Fletcher School of Law and
Diplomacy, Tufts University, Medford, MA
02155, USA.
Oliver F. Clarke, The Daily Gleaner, PO
Box 40, Kingston, Jamaica.
Pedro Crespo de Lara, Asociacion de Edi-
tores de Diarios Espanoles, Espronceda 32,
6a, Madrid 3, Spain.
Anthony Day, (American Society of News-
paper Editors), Los Angeles Times, Times-
Mirror Square, Los Angeles, CA 90053, USA.
Jonathan Fenby, 47 Rue de 1'Universite,
75007 Paris, France.
Don Ferguson, (North American National
Broadcasters Association), Canadian Broad-
casting Association, Box 500, Station A, To-
ronto, Ontario M5W 1E6, Canada.
Julio C. Ferreira de Mesquita, (Inter
American Press Association), 0 Estado do
Sao Paulo, A.B. Eng. Caetano, Alvarez, 55
Bairro de Limao, Sao Paulo, Brazil.
Keith Fuller, Associated Press, 50 Rocke-
feller Plaza, New York, NY 10020, USA.
Peter Galliner, International Press insti-
tute, 280 St. John Street, London EC1V
4PB, England.
Joseph P. Rawley (American Newspaper
Publishers Association), The High Point En-
terprise, PO 1009, High Point, N.C. 27261,
USA.
Rosemary Righter (the Sunday. Times), 10
Quick Street, London 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
l'Ille, 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-Pol. Agence France-Presse,
11 Place de Is Bourse, Paris, France.
Victor de IS, Serna, Associacion de Editores
de Diarios, Espanoles, Espronceda 32, 6a
Madrid 3, 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 of 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 Laatste Nieuws,
Em. Jacqmainlaan 105, 1000 Brussels, Bel-
gium.
Walter N. Wells, International Herald
Tribune, 181 avenue Charles de Gaulle,
92521 Neuilly Cedex, Paris, France.
Dr. Brigitte Weyl, (International Feder-
ation of Newspaper Publishers), Sudkurier,
Toftach 4300, D-7750 Konstanz, West Ger-
many.
Hector Wynter, The Daily Gleaner, PO
Box 40, Kingston, Jamaica.
The involvement of UNESCO in
freedom of information issues is not a
new development. The United Nations
adopted its Declaration on Freedom of
Information, which declared that "all
states should proclaim policies under
which the free flow of information
within countries and across frontiers
will be protected" In 1946. Freedom of
information issues have been a central
focus of discussion at UNESCO Gener-
al Conferences for more than 10 years.
But the debate has sharpened espe-
cially since the Nairobi meeting of
1976. As the price for tabling a draft
declaration on fundamental principles
governing the mass media, which was
slanted toward control of the press,
the United-States agreed at that time
to the establishment of the 16-member
International Commission for the
Study of Communication Problems,
better known as the MaoBride Com-
mission. At the 20th UNESCO general
conference in Paris 2 years later, a
somewhat watered-down "Draft Decla-
ration on Fundamental Principles
Concerning the Contribution of the
Mass Media to Strengthening Peace
and International Understanding, the
Promotion of Human Rights and to
Countering Racialism, Apartheid and
Incitement to War" was adopted with
our assent. Unfortunately, this decla-
ration still contained references to
concepts that should have troubled
our representatives greatly: The need
to protect journalists, the guaranteed
right of reply by those who have had
seriously prejudiced information dis-
seminated about them, and discussion
of codes of ethics for journalists.
The two most recent major
UNESCO meetings on information
issues, in Belgrade in 1980 and in Paris
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CONGRESSIONAL RECORD HOUSE September 17, 1981
earlier this year, have further demon-
strated the dangers that still remain.
In Belgrade, final approval was given
to the International Program for De-
velopment of Communication (IPDC),
a body created to assist the developing
countries in improving their communi-
cations capability. The United States
initiated this proposal, demonstrating
our willingness to cooperate in ad-
dressing the perceived inequities In
this area. Unfortunately, the U.S. con-
tribution was not matched by an elimi-
nation of some of the more trouble-
some issues raised by the MacBride
Commission-those concerning protec-
tion and licensing of journalists, pro-
fessional regulations, codes of ethics,
and other such unacceptable con-
cepts-from the UNESCO agenda.
These issues deserved further study,
thus keeping them under considera-
tion.
The events surrounding the Paris
meeting earlier this year demonstrat-
ed just what type of further study
UNESCO Director General M'Bow
and some of the Soviet and Third
World bloc had in mind. The Director
General originally invited only nine
press ,groups-mostly from the
U.S.S.R. and sympathetic Third World
countries-to the Paris meeting for
journalists to discuss these concepts.
When our diplomats learned of the
meeting, we were told that it was a pri-
vate meeting, even though it was listed
as official. Luckily, the Western dele-
gates who were subsequently invited
to this meeting were able to block pro-
posals for licensing journalists and
adopting codes of ethics, but the con-
tinuing threat to press freedom was
highlighted by the secret approach
which UNESCO originally took to the
meeting. Perhaps most importantly,
these threatening concepts remain on
UNESCO's agenda for the next gener-
al conference in Venezuela in 1983.
The reason these concepts are so
dangerous to the West is that they are
based on a principle which is totally
contrary to a fundamental tenet of
Western society. The Soviet Union
and many other countries in the world
believe that the press exists as an in-
strument-a tool-of the State; that
its duty is to promote the power and
stability of the State. They do not be-
lieve, as we do, and our first amend-
ment proves it, that the press exists
for the people.
This amendment is intended to pro-
vide force for the voice of the free
.world against any regulation of the
free press. By offering it, we hope to
strengthen the hand of our repre-
sentatives in UNESCO. They will be
able to point to the expressed view of
the Congress as a demonstration of
American resolve on the issue of the
free press. At the same time, we hope
that our American delegation will
work more closely with other nations
who share our view on this issue.
At the same time, this amendment
avoids any premature cutoff of our
contribution to UNESCO. UNESCO
continues to do much valuable work in
the educational and scientific fields. I
agree with the administration's posi-
tion that it would be premature and
perhaps counterproductive to cut off
our rather substantial contribution to
that body. I believe that we should
stay in there and fight for what is
right, and I think that we should not
forego the opportunity to exert our in-
fluence in the continuing debate.
If we remain in UNESCO and pre-
vail, we can turn the attention .of that
body to constructive proposals in the
communication field, such as that
which established the International
Program for Development of Commu-
nication (IPDC) to aid the LDC's In
developing their communications ca-
pabilities. If we fail, and the discussion
turns to less productive ideas, we can
always exercise more drastic options at
a later date.
I urge the adoption of the amend-
ment, and I hope that other Members
will join me in making this strong
statement in support of a free press.
Mr. FASCELL. Mr. Chairman, I
move to strike the requisite number of
words.
Mr. Chairman, this amendment was
considered by the Committee on For-
eign Affairs and was adopted by the
full committee. We are ready on this
side to accept it.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Ohio (Mr. SHAmAIVsxY).
The amendment was agreed to.
The CHAIRMAN. Are there further
amendments to title I? If not, the
Clerk will read title II.
The Clerk read as follows:
TITLE II-INTERNATIONAL
COMMUNICATION AGENCY
SHORT TITLE
SEC. 201. This title may be cited as the
"International Communication Agency Au-
thorization Act, Fiscal Years 1982 and
1983".
AUTHORIZATIONS OF APPROPRIATIONS
SEc. 202. There are authorized to be ap-
propriated for the International Communi-
cation Agency $561,402,000 for the fiscal
year 1982 and $656,505,000 for the fiscal
year 1983 to carry out international commu-
nication, educational, cultural, and ex-
change programs under the United States
Information and Educational Exchange Act
of 1948, the Mutual Educational and Cultur-
al Exchange Act of 1961, and Reorganiza-
tion Plan Numbered 2 of 1977, and other
purposes authorized by law.
CHANGES IN ADMINISTRATIVE ADTHORITIES
SEC. 203. (a)(1) Title III of the United
States Information and Educational Ex-
change Act of 1948 (22 U.S.C. 1451-1453) is
amended-
(A) in section 301 by striking out "citizen
of the United States" and inserting in lieu
thereof "person"; and
(B) In sections 302 and 303 by striking out
"citizen of the United States" and inserting
in lieu thereof "person in the employ or
service of the Government of the United
States".
(2) Such title is further amended-
(a) in section 301-
(1) by striking out "Secretary" the first
place it appears and inserting in. lieu thereof
"Director of the International Communica-
tion Agency", and
(ii) by striking out "Secretary" the second
place it appears and inserting in lieu thereof
"Director"; and
(B) in section 303 by striking out "Secre-
tary" and inserting in lieu tjaereof "Director
of the International Communication
Agency".
(3) Section 302 of such Act is amended-
(A) in the second sentence by striking out
"section 901(3) of the Foreign Service Act of
1948 (60 Stat. 999)" and inserting in lieu
thereof "section 905 of the Foreign Service
Act of 1980"; and
(B) in the last sentence by striking out
"section 1765 of the Revised Statutes" and
inserting in lieu thereof "section 5536 of
title 5, United States Code".
(b) Section 802 of such Act (22 U.S.C.
1472) is amended-
(1) by inserting "W" immediately after
"Sec. 802."; and
(2) by adding at the end thereof the fol-
lowing new subsection:
"(b)(1) Any contract authorized by subsec-
tion (a) and described in paragraph (3) of
this subsection which is funded on the basis
of annual appropriations may nevertheless
be made for periods not in excess of five
years when-
"(A) appropriations are available and ade-
quate for payment for the first fiscal year
and for all potential cancellation costs; and
"(B) the Director of the International
Communication Agency determines that-
"(I) the need of the Government for the
property or service being acquired over the
period of the contract is reasonably firm
and continuing;
"(ii) such a contract will serve the best in-
terests of the United States by encouraging
effective competition or promoting econo-
mies in performance and operation; and
'(iii) such method of contracting will not
inhibit small business participation.
"(2) In the event that funds are not made
available for the continuation of such a con-
tract into a subsequent fiscal, year. the con-
tract shall be canceled and any cancellation
costs incurred shall be paid from appropri-
ations originally available for the perform-
ance of the contract, appropriations cur-
rently available for the acquisition of simi-
lar property. or services and not otherwise
obligated, or appropriations made for such
cancellation payments.
"(3) This subsection applies to contracts
for the procurement of property or services,
or both, for the operation, maintenance,
and support of programs, facilities, and in-
stallations for or related to telecommunica-
tion activities, newswire services, and the
distribution of books and other publications
in foreign countries.".
(c) Paragraph (16) of section 804 of such
Act (22 U.S.C. 1474(16)) is amended by in-
serting "and security" immediately after
"right-hand drive".
(d) Title VIII of such Act (22 U.S.C. 1471-
1475b) is amended by adding at the end
thereof the following new section:
"ACTING ASSOCIATE DIRECTORS
"SEC. 808. If an Associate Director of the
International Communication Agency dies,
resigns, or is sick or absent, the Associate
Director's principal assistant shall perform
the duties of the office until a successor is
appointed or the absence or sickness stops.".
(e) Title VIII of such Act is further'
amended by adding at the end thereof the
following new section:
"COMPENSATION FOR DISABILITY OR. DEATH
"SEC. 809. A cultural exchange. Interna-
tional fair or exposition, or other exhibit or
demonstration of United States.economic
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September 17, 1981 CONGRESSIONAL RECORD - HOUSE.
accomplishments and cultural attainments,
provided for under this Act or the Mutual
Educational and Cultural Exchange Act of
1961 shall not be considered a 'public work'
as that term is defined in the first section of
the Act of August 16, 1941 (42 U.S.C. 1651;
commonly known as the Defense Base
Act).".
(f) Section 1011(h) of such Act (22 U.S.C.
1442(h)) is amended by adding at the end
thereof the following new paragraph:
"(4) Section 701(a) of this Act shall not
apply with respect to any amounts appropri-
ated under this section for the purpose of
liquidating the notes (and any accrued in-
terest thereon) which were assumed in the
operation of the informational media guar-
anty program under this section and which
were outstanding on the date of enactment
of this paragraph.".
DISTRIBUTION WITHIN THE UNITED STATES OF
THE FILM ENTITLED "REFLECTIONS: SAMUEL
ELIOTT MORISON"
SEC. 204. (a) Notwithstanding the second
sentence of section 501 of the United States
Information and Educational Exchange Act
of 1948 (22 U.S.C. 1461)-
(1) the Director of the International Com-
munication Agency shall make available to
the Administrator of General Services a
master copy of the film entitled "Reflec-
tions: Samuel Eliott Morison"; and
(2) the Administrator shall reimburse the
Director for any expenses of athe Agency in
making that master copy available, shall
secure any licenses or other rights required
for distribution of that film within the
United States, shall deposit that film in the
National Archives of the United States, and
shall make copies of that film available for
purchase and public viewing within the
United States.
(b) Any reimbursement to the Director
pursuant to this. section. shall be credited to
the applicable appropriation of the Interna-
tional Communication Agency.
Mr. FASCELL (during the reading).
Mr. Chairman, I ask unanimous con-
sent that title II be considered as read,
printed in the RECORD, and open to
amendment at any point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
AMENDMENT OFFERED BY MR. BROOMFIELD
Mr. BROOMFIELD. Mr. Chairman,
I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. BROOMFIELD:
Page 37, immediately after line 6, insert the
following new section:
DISTRIBUTION WITHIN THE UNITED STATES OF
THE I.C.A. FILM ENTITLED "AND NOW MIGUEL"
SEC. 205. (a) Notwithstanding the second
sentence of section 501 of the United States
Information and Educational Exchange Act
of 1948 (22 U.S.C. 1461)-
(1) the Director of the International Com-
munication Agency shall make available to
the Administrator of General Services a
master copy of the film entitled "And Now
Miguel"; and
(2) the Administrator shall reimburse the
Director for any expenses of the Agency in
making that master copy available, shall
secure any licenses or other rights required
for distribution of that film within the
United States, shall deposit that film in the
National Archives of the United States, and
shall make copies of that film available for
purchase and public viewing within the
United States.
(b) Any reimbursement to the Director
pursuant to this section shall be credited to
the applicable appropriation of the Interna-
tional Communication Agency.
Mr. BROOMFIELD (during the
reading). Mr. Chairman, I ask unani-
mous consent that the amendment be
considered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Michigan?
There was no objection.
(Mr. BROOMFIELD asked and was
given permission to revise and extend
his remarks.)
Mr. BROOMFIELD. Mr. Chairman,
I am offering an amendment on behalf
of Mr. LujAN. This amendment which
is similar to section 204(a) of the bill,
would provide for the release within
the United States of an ICA film enti-
tled, "And Now Miguel."
_ This film was produced in 1951 and,
because the Government then had
worldwide rights the film was made
available to the American public prior
to 1972 through the U.S. Office of
Education and the National Audiovisu-
al Center. In 1972, the U.S. Informa-
tion and Education Exchange Act of
1948 was amended to prohibit the Dis-
tribution of ICA program materials
within the United States. The Library
of the State of New Mexico, in posses-
sion of a worn copy of the film which
it is unable to replace, feels that the
film is an educational aid peculiary
suited to use in the State of New
Mexico.
The film relates the story of a
family in the Southwest which has in-
herited from its Spanish ancestors the
tradition of sheep raising. It portrays
the development of family relation-
ships and examines a way of life in
New Mexico.
This amendment would allow the
General Services Administration to
secure licenses or other rights required
for distribution of that film in the
United States and to make it available
for purchase from the Nation Audio
Visual Center.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. BROOMFIELD. I yield to the
gentleman from Florida.
Mr. FASCELL. I thank the gentle-
man for yielding.
We have examined the amendment
on this side and we are perfectly
agreeable to it and will accept it.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Michigan (Mr. BROOMFIELD).
The amendment was agreed to.
0 1330
AMENDMENT OFFERED BY MR. DERWINSHI
Mr. DERWINSKI. Mr. Chairman, I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. DERwiNsxx:
Page 37, immediately after line 6, insert the
following new section:
REDESIGNATION OF THE INTERNATIONAL COM-
MUNICATION AGENCY AS THE UNITED STATES
INFORMATION AGENCY
SEC. 205. (a) The International Communi-
cation Agency, established by Reorganiza-
H 63587
tion Plan Numbered 2 of 1977, Is hereby re-
designated the United States Information
Agency. The Director of the International
Communication Agency or any other offi-
cial of the International Communication
Agency is hereby redesignated the Director
or other official, as appropriate, of the
United States Information Agency.
(b) Any reference in any statute, reorgani-
zation plan, Executive order, regulation,
agreement, determination; or other official
document or proceeding to the Internation-
al Communication Agency or the Director
or other official of the International Com-
munication Agency shall be deemed to refer
respectively to the United States Informa-
tion Agency or the Director or other official
of the United States Information Agency, as
so redesignated by subsection (a).
(c) This section shall take effect on Janu-
ary 1, 1982.
Mr. DERWINSKI (during the read-
ing). Mr. Chairman, I ask unanimous
consent that the amendment be con-
sidered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Illinois?
There was no objection.
Mr. DERWINSKI. Mr. Chairman, r
rise today to propose an amendment,
on behalf of the administration, which
would restore the name "United
States Information Agency" to the
Agency which is our principal instru-
ment for explaining American society
and policy to the peoples of the world.
For the last 3' years, this Agency
has labored under the name "U.S. In-
ternational Communication Agency."
When USIA and the Bureau of Educa-
tional and Cultural Affairs of the De-
partment of State were merged, on
April 1, 1978, to form ICA-or USICA
as it subsequently became-a good
faith effort was made to select a name
which would reflect the diverse func-
tions of the reconstituted Agency. But
the name which was chosen simply
has not worked. In my travels and con-
versations with Foreign Service offi-
cers and foreign leaders around the
world, I have heard a multitude of sto-
ries about how the new Agency has
been confused-sometimes deliberate-
ly, but more often honestly and unin-
tentionally-with the CIA, ITT, the
local postal service, and even, in one
country, the Agricultural Extension
Service which had the same initials.
Even when the Agency's officers were
successful in explaining to foreign au-
diences what the Agency was not, it
was sometimes difficult to explain
what a communication agency was.
A variety of other names have been
suggested over the years, but they all
seemed to have at least two drawbacks
in common: they were unwieldy, and
they were not accurate descriptions of
the Agency's work. "Information" is
clearly understood. The name "U.S.
Information Agency" explains what
the Agency does-it provides informa-
tion about American policy, society,
and values to the peoples of the world.
It is a name which is simple, plain
English-and which translates into
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plain French and Spanish and Thai
and Swahili. The name "USIA" also
has the advantage of being known
overseas where it is widely recognized
and accepted. Finally, it is my under-
standing that there is virtually unani-
mous support within the Agency itself
for restoring the old name, and its
adoption would have a decided and
positive impact upon Agency morale.
I recommend that we authorize a
return to this shorter, more accurate
name, and urge adoption of my
amendment to accomplish this goal.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. DERWINSKI. I yield to the dis-
tinguished chairman.
Mr. FASCELL. Mr. Chairman, I
agree with the gentleman. It is not the
most exciting thing in the world. I
hate to go up the hill and down the
hill, but basically this is an Executive
decision, unless the Congress has
strong objection; so I am prepared to
go along with it.
Mr. DERWINSKI. I thank the gen-
tleman from Florida for his diplomatic
attitude.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Illinois (Mr. DERWINSKI).
The amendment was agreed to.
Mr. LOTT. Mr. Chairman, I move to
strike the requisite number of words.
Mr. Chairman, I rise in strong oppo-
sition to H.R. 3518, the State Depart-
ment authorization for fiscal years
1982 and 1983. Mr. Chairman, we have
spent the major part of this first ses-
sion of the 97th Congress struggling to
cut Federal spending. I think it would
be safe to say that there is not a single
program in the entire Federal budget
that has escaped the careful perusal of
the budget cutters. Many, many of the
programs, some laudable, in the Feder-
al budget and to suffer necessary re-
ductions in funding.
I say that as a preface, Mr. Chair-
man, to saying that we are now consid-
ering, unfortunately, a piece of legisla-
tion authorizing in excess of $6 billion
for only 2 fiscal years. The agencies
are programs funded by this bill have
apparently and miraculously escaped
the budget-cutting knife. In 1983
alone, this bill authorizes the expendi-
ture of approximately $805 million
more than the President requested.
That is $805 million that I feel could
be better spent. It is absolutely impos-
sible for this Member to justify the ex-
penditure of $6 billion on the pro-
grams funded by this bill after the
cuts this Congress has voted for in var-
ious domestic programs.
Members may ask where the $805
million, which this bill is over the
President's request, is to be spent.
First, the bill authorizes an addition-
al $496.3 million above the President's
request of $1,248,059,000 for adminis-
tration of foreign affairs. This is in
1983 alone. I will remind my col-
leagues that if there is waste, fraud,
and abuse elsewhere. in the Federal
Government, we can all rest assured
that there is plenty in the State De-
partment and this massive increase is
totally unrealistic and unjustified.
Second, the bill authorizes an excess
of $95.6 million above the President's
request for migration and refugee as-
sistance. This may be a reasonable and
humanitarian program but is it justi-
fied in light of the cuts we have de-
manded in domestic programs? I think
my colleagues will agree that the
answer is a resounding "no."
Finally, the bill authorizes $174.2
million more for the International
Communication Agency than the
President requested and $16.7 million
more for the Board for International
Broadcasting than the President re-
quested. Again, when these increases
are weighed in the balance against the
cuts we have made in the other areas
of the Federal budget, it simply is not
fair and cannot be justified.
Mr. Chairman, I will not offer
amendments to cut the additional $805
million in this bill. It would serve no
useful purpose because the money
would simply be placed back in the bill
in conference. But the fact of the
matter is that the fight against deficit
spending, especially such an outra-
geous and blatant waste of the taxpay-
ers' money as is encompassed in this
bill, will be fought; if not here, then
during the appropriations process.
Nevertheless, Mr. Chairman, I plan to
vote "no" on final passage and against
this waste of money and I urge my col-
leagues to do likewise.
Mr. DERWINSKI. Mr. Chairman,
will the gentleman yield?
Mr. LOTT. I yield to the distin-
guished gentleman.
Mr. DERWINSKI. May I advise the
gentleman from Mississippi that, obvi-
ously in anticipation of his vigorous
views, an amendment was adopted ear-
lier which cut approximately-
Mr. LOTT. $496.3 million.
Mr. DERWINSKI. $496 million
which really, in my opinion, gutted
the administration and the State De-
partment.
At the risk of being impolite to my
distinguished whip, may I point out
that even the State Department is
part of the administration and that on
the subject the gentleman is discuss-
ing-
Mr. LOTT. If the gentleman will
yield, I am not sure of that yet. Go
ahead.
Mr. DERWINSKI. On the subject
the gentleman really is concerned
with, the level of foreign aid, it is my
understanding that our distinguished
noble heroic Secretary of State wants
the full amount pending in the
budget, so we are going to have to clar-
ify that. I have a sneaking suspicion
that Mr. Haig has a little bit to say
about foreign affairs. Mr. Stockman
really is not in complete charge of
that shop yet.
Mr. LOTT. I thank the gentleman
for his comments.
I would like to say, first of all, that I
am not quite sure who is in charge of
that shop from top to bottom. I do not
intend to be critical of our Secretary
of State. I know the Secretary is
trying to do his job; but just because
we changed administations and a few
people at the top, I am not convinced
yet that we made all the changes nec-
essary in the State Department. I still
represent the people of the Fifth Con-
gressional District of Mississippi and
as whip I am working with the Mem-
bers of the House. I am not going to
take everything this administration
says and accept it, particularly when it
applies to the State Department and
foreign aid.
There is a higher duty and a higher
responsibility here. I am not going to
go back home and try to defend all
these other budget cuts if we do not
make the necessary cuts in foreign aid
and the State Department.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. LOTT. I would be glad to yield
to the distinguished gentleman.
Mr. FASCELL. I thank the gentle-
man for yielding. I surely do not want
to persuade the gentleman or try to
convince him. The gentleman knows
his own politics better than I do; but I
must get the record straight that, with
the amendments that have been
adopted, we are at the President's re-
quest.
Now, you know, if what the gentle-
man is saying is that he is not happy
with that, and the gentleman wants to
cut it even more, that is a different
proposition and certainly that is the
gentleman's right; but let me just say
two things that I think we need to
consider.
The CHAIRMAN. The time of the
gentleman from Mississippi has ex-
pired.
(By unanimous consent, Mr. LoTT
was allowed to proceed for 1 additional
minute.)
Mr. LOTT. I yield to the gentleman.
Mr. FASCELL. I thank the gentle-
man. I would have gotten the gentle-
man the time.
One is that we are talking about
three or four agencies here in that
total the gentleman is talking about.
The other is that we are talking
about the smallest department. No
matter how much the gentleman may
dislike it, it is the smallest department
budgetwise, personnelwise; so there is
a limit, in other words, to how far we
want to go.
Now, as far as cleaning house, if the
gentleman wants to appoint Republi-
cans all the way down to the bottom
level, they can do that. The gentlemen
on that side are running it. That is dif-
ferent; but we ought to at least give
the people that have got the responsi-
bility some of the tools to do the kind
of job the gentleman thinks they have
to do.
I do not want to stand up here and
be a spokesman for the administra-
tion. I have enough problems.'
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Mr. LOTT. The gentleman is doing
an excellent Job, Mr. Chairman.
Mr. FASCELL. So that is all I
wanted to say. I just wanted to try to
in some way reassure the gentleman at
least with respect to this bill that the
gentleman can hold his head up
plenty high in talking about these
other cuts because these people have
been scalped to the bone.
The CHAIRMAN. The time of the
gentleman from Mississippi has again
expired.
(By unanimous consent, Mr. LOTT
was allowed to proceed for 1 additional
minute.)
Mr. LOTT. Mr. Chairman, I have
asked for just 1 additional minute so I
can respond, and I will be brief.
My understanding was that this bill
was $805 million above what the Presi-
dent asked for. According to the gen-
tleman's committee report, when we
took out $496.3 million, it still left
about $300 million over what the ad-
ministration asked for.
Again, we can start quibbling over
figures, but I want to make the point
that I think it certainly would be all
right with me if we could cut some of
these bills below what the administra-
tion asked for.
We, after all, must make those final
judgments.
I think I have made my point. I ap-
preciate the difficult job the gentle-
man has done on the committee. Just
keep their feet to the fire Is all I am
asking.
Mr. EDWARDS of Oklahoma. Mr.
Chairman, I move to strike the last
word.
Mr. Chairman, sitting on my desk, in
my office, is an amendment to the
State Department authorization bill
which would require the Secretary of
State to reduce funding to the United
Nations organizations if the United
States is denied a seat we traditionally
have held on a U.N. board, committee,
or commission.
I will not introduce that amendment
today, but I do want to serve notice
that if we continue to let opposing na-
tions to direct the course of U.N.
policy against our best interests, I will
work very hard to reduce, if not elimi-
nate, our contributions to the various
U.N. organizations. '
Ostensibly, we belong to the United
Nations because its goals enhance our
foreign policy goals; however, increas-
ingly, U.N. bodies are being exploited
to promote programs and activities
that are inimical to the interests of
the United States and our Western
allies.
There are many examples of this.
In an episode that is without prece-
dent, the United States last spring was
denied, for the first time ever, a seat
on the United Nations Statistical Com-
mission, which establishes guidelines
for gathering statistical data used by
other agencies.
In accordance with a longstanding
tradition, permanent members of the
Security Council are routinely repre-
sented on this and several other com-
missions. By secret vote, however, the
Economic and Social Council removed
the United States from the Commis-
sion. Thus, the opportunity for the
United States to influence the policies
of the Statistical Commission has been
greatly diminished. Ambassador Jeane
Kirkpatrick has said she believes the
vote was orchestrated by a group of
Third World nations bent on taking a
slap at certain U.S. policies-especially
our insistence that Israel be treated in
a manner consistent with the U.N.'s
formal rules of procedure.
This action establishes a precedent
which should not go unnoticed by
American taxpayers, who contribute
25 percent of the U.N. budget-more
than twice the amount paid by any
other nation-or by this Congress,
which should insist that the funds we
appropriate for foreign affairs in these
lean years by used only to enhance our
foreign policy goals.
In another ominous move, the
United Nations Educational, Scientif-
ic, and Cultural Organization is em-
barked on a scheme to regulate news
content and to control. press conduct
around the world. The plan is an es-
sential part of UNESCO's promotion
of the new world information order,
which is hailed by its proponents-
principally the Soviet Union and its
Third World allies-as a systematic
effort to insure so-called balanced dis-
semination of news and Information
around the world.
Apart from the absurdity of entrust-
ing a body as political as UNESCO
with formulating rules and regulations
for the world's news media, the very
notion smacks of censorship and con-
jures up the prospect of an Orwellian
Big Brother which is contrary to our
concepts as embodied in the first
amendment and going back to John
Peter Zenger's trial.
It is no wonder that representatives
of major news organizations in some
20 countries met in France to condemn
the proposal as a dangerous encroach-
ment on press freedom. Unfortunate.
ly, the strong opposition from the
media and many Western governments
has not dissuaded UNESCO from
going forward with plans to imple-
ment the proposal.
Taking swipes at Israel is another fa-
vorite exercise in the United Nations.
Last spring, a bloc of Arab and African
nations attempted to have Israel disin-
vited to an international conference
aiding African refugees after a formal
invitation had been extended by the
conference organizers and accepted by
Israel. Only when the United States
threatened to boycott the conference
was Israel finally allowed to attend.
A group that is particularly adept at
using the United Nations for purposes
In opposition to the United States best
interests is the Palestine Liberation
Organization. Not content with' its
status as an observer, the PLO has re-
peatedly sought to take part in U.N.
activities, especially in the Security
Council, as though it were a full-
fledged member nation.
Rule 37 of the Provisional Rules of
Procedure of the Security Council ap-
plies to nations who are members of
the U.N. but not of the Security Coun-
cil. Rule 39 applies to interested par-
ties who do not enjoy U.N. member-
ship. For several years, the PLO has
attempted to gain access to the Secu-
rity Council by way of rule 37. The
PLO is attempting to do, behind the
barn, what peace-loving nations have
not allowed out front. That terrorist
organization is attempting to gain rec-
ognition as a legitimate government.
Unfortunately, U.S. opposition to the
use of rule 37 by the PLO is ineffec-
tive as most other Western nations on
the Security Council abstain on votes
to allow the PLO access to the Secu-
rity Council under this rule.
Mr. Chairman, I could recite other
examples of actions taken in opposi-
tion to our expressed foreign policy
and in attempts to prevent our influ-
ence, but the recitation would be so
long that it would bore the Chamber.
The point Is that the United States
is losing-if it has not lost already-its
efficacy in promoting American for.
eign policy goals through the United
Nations. Increasingly, the dollars we
give to the United Nations underwrite
organizations which subvert or circum-
vent our foreign policy goals. If this
continues, I, for one, will move to sig-
nificantly reduce our funding for the
United Nations.
Mr. DERWINSKL Mr. Chairman,.I
move to strike the requisite number of
words.
(Mr. DERWINSKI asked and was
given permission to revise and extend
his remarks.)
Mr. DERWINSKI. Mr. Chairman, I
rise in support of this authorization
bill. H.R. 3518 provides the resources:
for the principal elements of this
country's foreign affairs programs, the
principal being the Department of
State which conducts our affairs with
foreign governments here and abroad.
At the request of the administration,
we have reduced the number of State
Department personnel positions in
fiscal year 1982 by 500. State has
fewer employees today that it did a
dozen years ago-16,285, down from a
peak of 17,012 in 1959, yet the burdens
on our Foreign Service people contin-
ue to mount-hazardous conditions
and increasing workloads, and report-
ing requirements continue to increase.
Consular workloads, especially, are on
the rise. This is a barebones bill, then,
and I urge you to support it.
One particularly important feature
of H.R. 3518 is the authority granted
to the State Department to enforce
reciprocity with other governments.
With this authority, the United States
will be able to act more like the power
it is; the benefits, privileges, and im-
munities it extends to foreign govern-
ments here, under this legislation,
could be directly related to those af-
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forded the United States abroad. The
treatment of U.S. missions and person-
nel overseas could be reflected in our
treatment of the missions and person-
nel of foreign nations in the United
States.
The International Communication
Agency (ICA), whose name was, and I
trust will be again, the U.S. Informa-
tion Agency (USIA), is also covered by
this bill. ICA's job is to provide infor-
mation abroad about the United
States and its objectives. It counters
Communist propaganda around the
world and I hope will play a greater
role in exposing and countering Soviet
propaganda and disinformation activi-
ties. ICA's programs, especially.
The Voice of America (VOA) radio
broadcasts are necessary to give the
U.S. side of the story to the rest of the
world. As elsewhere, the Soviets are
outspending us in the informational
.competition they are so clever at. We
must stay in the contest in the sphere
of public diplomacy.
The Board of International Broad-
casting (BIB) provides for Radio Free
Europe (RFE) and Radio Liberty (RL).
They provide timely news and analysis
to the captive peoples of the Soviet
empire without which these peoples
would have little or no access to the
truth. They provide a communications
link with the courageous defenders of
human rights behind the Iron Cur-
tain. RFE, particularly, has played a
profound and salutary effect on events
unfolding in Poland during the past
year and more. These radios counter
Soviet propaganda with a diet of truth
for the information-starved peoples of
the Communist world.
I urge passage of H.R. 3518.
The CHAIRMAN. Are there any fur-
ther amendments of title II? If not,
the Clerk will read title III.
The Clerk read as follows:
TITLE III-BOARD FOR
INTERNATIONAL BROADCASTING
SHORT TITLE
SEC. 301. This title may be cited as the
"Board for International Broadcasting Au-
thorization Act, Fiscal Years 1982 and
1983".
AUTHORIZATIONS OF APPROPRIATIONS
SEC. 302. Subparagraph (A) of section
8(a)(1) of the Board for International
Broadcasting Act of 1973 (22 U.S.C.
2877(a)(1)(A)) Is amended to read as follows:
"(A) $100,300,000 for fiscal year 1981,
$98,317,000 for the fiscal year 1982, and
$115,031,000 for the fiscal year 1983; and".
Mr. FASCELL (during the reading).
Mr. Chairman, I ask unanimous con-
sent that title III be considered as
read, printed in the RECORD, and open
to amendment at any point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
^ 1345
The CHAIRMAN. Are there any
amendments to title III?
If not, the Clerk will read title IV.
The Clerk read as follows:
CONGRESSIONAL RECORD - HOUSE September 17, 1981
TITLE IV--MISCELLANEOUS
PROVISIONS
INTER-AMERICAN FOUNDATION
SEC. 401. (a) The first sentence of section
401(s)(2) of the Foreign Assistance Act of
1969 (22 U.S.C. 290f(s)(2)) is amended by
striking out "$25,000,000 for each of the
fiscal years 1979 and 1980" and inserting in
lieu thereof "$12,000,000 for the fiscal year
1982 and $20,000,000 for the fiscal year
1983".
(b) Section 401(h) of that Act (22 U.S.C.
290f(h)) is amended by striking out "actual
and necessary expenses not in excess of $50
per day, and for transportation expenses"
and inserting in lieu thereof' "travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with section 5703 of title
5, United States Code".
Mr. FASCELL (during the reading).
Mr. Chairman, I ask unanimous con-
sent that title IV be considered as
read, printed in the RECORD, and open
to amendment at any point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Florida?
There was no objection.
AMENDMENT OFFERED BY MR. FINDLEY
Mr. FINDLEY. Mr. Chairman, I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. FINDLEY: Page
38, after line 8, insert the following new sec-
tion:
SCIENTIFIC EXCHANGES WITH THE SOVIET
UNION
SEC. 402. (a) Prior to renewal of the Gen-
eral Agreement on Contacts, Exchanges and
Cooperation between the United States and
the Union of Soviet Socialist Republic, and
prior to resumption of high-level meetings
or of planning for future exchange activities
or to increasing significantly individual ex-
change activities pursuant to the 11 agree-
ments for cooperation in specialized fields
which were entered into by United States
and the Union of Soviet Socialist Republic
between 1972 and 1974, or by June 1, 1982
(whichever occurs first), the Secretary of
State shall submit to the Speaker of the
House of Representatives and Chairman of
the Committee on Foreign Relations of the
Senate a report containing-
(1) an assessment of the risk of the trans-
fer to the Soviet Union of militarily signifi-
cant technology through research, ex-
changes, and other activities conducted pur-
suant to those agreements; and
(2) a detailed description on the ex-
changes and other activities conducted pur-
suant to those agreements during fiscal year
1979, fiscal year 1980, and fiscal year 1981,
including-
(A) the areas of cooperation,
(B) the specific research and projects in-
volved,
(C) the man-hours spent in short-term
(less than 60 days) and long-term ex-
changes,
(D) the level of United States and Soviet
funding in each such fiscal year? and
(E) an assessment of the equality or in-
equality in value of the information ex-
changed.
(b) The Secretary of State Shall prepare
the report required by subsection (a) In
counsultation and cooperation with the Sec-
retary of Defense and the heads of the
other agencies involved in the exchange and
other cooperative activities conducted pur-
suant to the agreements described in that
subsection.
(c) No funds appropriated for the Depart-
ment of State or the International Commu-
nication Agency may be obligated or ex-
pended after June 30, 1982, to finance any
long-term scientific or technological study
in the United States by citizens of the
Soviet Union in the U.S.-U.S.S.R. Graduate
Student/Young Faculty Exchange or in the
U.S.-U.S.S.R. Senior Scholar Exchange.
Mr. FINDLEY (during the reading).
Mr. Chairman, I ask unanimous con-
sent that the amendment be consid-
ered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Illinois?
There was no objection.
Mr. FINDLEY. Mr. Chairman, this
amendment does two things. First of
all, it requires a report from the ad-
ministration before the administration
can resume the traditional scientific
conference exchanges and other activi-
ties in the scientific field with the
Soviet Union. These activities were
suspended in the wake of the Afghani-
stan invasion, for the most part, and
they may not be resumed at all. But it
is my feeling that before they are re-
sumed, the Congress should have the
analysis of the executive branch as to
the risk to our national security that
might be involved in the resumption
of these conferences.
The amendment does one other
thing, and that is to assure the mu-
tuality of any academic exchanges
that may occur between the United
States and the Soviet Union in the
future.
Despite Afghanistan, we have con-
tinued the academic scientific ex-
change program with the Soviet Union.
under which 70 U.S. academics, mostly
in their thirties and forties, hardly the
high-school age level, have come to
this country to study for the entire 9-
month period of the academic year.
Now, in exchange we have had the
opportunity to send 70 of our people
over there, but never has the Soviet
Union permitted our academics to
study designs or technology in any
aspect. Our people study opera history
and humanities; that sort of thing.
But the Soviets that come to our coun-
try under this program study high
technology.
Let me list just a few of the exam-
ples of the scientific study that Soviet
scientists are today being permitted to
undertake in this country: measuring
computing systems for automation;
oxidation of flow discharge silicon
films; interaction of ions with solid
surfaces; models in rarefied gas dy-
namics problems; fluid mechanics,
heat and mass transfer in duct flows
at low velocity; synthesis of variable
valency complexes for polymer materi-
als; solar cell semiconductor problems;
gas dynamics of- reactive and multi-
phase systems; photoelectric and lumi-
nescent properties of heterojunctions;
microelectronic apparatus and com-
puter-aided design; mass transfer of
gases and vapors in multicomponent
polymer materials; space flight trajec-
tories in the target plane; heating and
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stability of plasmas in magnetic fields;
development of electronic computers
for solution of nonlinear and differen-
tial equations.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. FINDLEY. I yield to the gentle-
man from Florida.
Mr. FASCELL. I think the gentle-
man has made his point. Frankly, the
question of reciprocity in these kinds
of things is a frustrating issue. I think
basically it ought to be primarily an
Executive decision on when and how
they obtain reciprocity. However, I see
nothing wrong with a congressional
expression.
I would not want to lock in the
President. However, I think basically,
fundamentally, the amendment pro-
ceeds in the right direction, and on
this I am prepared to accept it, and if
we have any difficulties, we can try to
straighten it out.
Mr. FINDLEY. It does require mu-
tuality, because the Soviets are unwill-
ing to let us study technology over
there.
Mr. FASCELL. I understand that
thoroughly. I am not sure we can
define mutuality here specifically leg-
islatively is the only point I was
making. Ultimately that becomes an
Executive decision.
Mr. FINDLEY. I thank the gentle-
man for his support.
Mr. BROOMFIELD. Mr. Chairman,
will the gentleman yield?
Mr. FINDLEY. I yield to the gentle-
man from Michigan.
Mr. BROOMFIELD. Mr. Chairman,
we on this side have had the opportu-
nity to look over the gentleman's
amendment. We think it is a valuable
contribution to the bill and we accept
it.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Illinois (Mr. FINDLEY).
The amendment was agreed to.
AMENDMENT OFFERED BY MR. DANIELSON
Mr. DANIELSON. Mr. Chairman, I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. DANIELSON:
On page 38, insert the following after line 8:
REPORT TO THE CONGRESS
SEC. 402. (a) Not later than 60 days after
the date of enactment of this act, the Presi-
dent shall prepare and transmit to the Con-
gress a full and complete report on the total
cost of Federal, State, and local efforts to
assist refugees and Cuban and Haitian en-
trants within the United States or abroad
for each of the fiscal years 1981 and 1982.
Such report shall include and set forth for
each such fiscal year-
(1) the costs of assistance for resettlement
of refugees and Cuban and Haitian entrants
within the United States or abroad;
(2) the costs of United States contribu-
tions to foreign governments, international
organizations, or other agencies which are
attributable to assistance for refugees and
Cuban and Haitian entrants;
(3) the costs of Federal, State, and local
efforts other than described in paragraphs
(1) and (2) to assist, and provide services for,
refugees and Cuban and Haitian entrants;
and
(4) administrative and operating expenses
of Federal, State, and local governments
that are attributable to programs of assist-
ance or services described in paragraphs (1),
(2) and (3); and
(5) administrative and operating expenses
incurred by the United States because of
the entry of such aliens into the United
States.
(b) For purposes of this section-
(1) the term "refugees" is used within the
meaning of paragraph (42) of section 101 (a)
of the Immigration and Nationality Act; and
(2) the phrase "Cubans and Haitian en-
trants" means Cuban and Haitians paroled
into the United States, pursuant to section
212(d)(5) of the Immigration and National-
ity Act, during 1980 who have not been
given or denied refugee status under the Im-
migration and Nationality Act.
Mr. DANIELSON (during the read-
ing). Mr. Chairman, I ask unanimous
consent that the amendment be con-
sidered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
California?
There was no objection.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. DANIELSON. I yield to the gen-
tleman from Florida.
Mr. FASCELL. The gentleman has
been very courteous in making the
amendment available to us in suffi-
cient time to consider it thoroughly.
We think it is a very important contri-
bution. We are prepared to accept the
amendment on this side.
Mr. DANIELSON. I thank the chair-
man.
Mr. DERWINSKI. Mr. Chairman,
will the gentleman yield?
Mr. DANIELSON. I am pleased to
yield to the gentleman.
Mr. DERWINSKI. Mr. Chairman,
we recognize the gentleman's special
interest and expertise in refugee prob-
lems. I realize he has worked at this as
hard as any individual Member of
Congress.
This bill lends itself to this amend-
ment. Therefore, I am pleased to indi-
cate the acceptance on this side.
May I also add, by the way, if the
gentleman will permit me, that I call
to the attention of the House that in
this bill we do provide for an increase
in funds for refugee assistance. I am
pleased that in their wisdom the Mem-
bers of the House have not attempted,
to cut into that figure because, quite
frankly, given,the world situation, we
are apt to be facing more rather than
fewer refugee problems.
Therefore, I commend the gentle-
man from California for his special
leadership in this field.
(Mr. DANIELSON asked and was
given permission to revise and extend
his remarks.)
Mr. DANIELSON. I thank the gen-
tleman for his comments.
I will be very brief under the circum-
stances.
I would like to remind some of our
Members who have not been totally
involved in this particular issue that
the cost of refugee assistance has
H 63G1
reached astronomical proportions and,
unfortunately, none of us knows ex-
actly what it costs.
For example, in the bill before us, as
I understand it, it calls for an authori-
zation of $553,100,000 for the fiscal
year 1982 and $555,600,000 for the fol-
lowing fiscal year, somewhat more
than a half billion dollars in each
year. However, this is nothing but the
foam on the surface. There is a lot
more that we do not know about.
There is at least another half a bil-
lion dollars in the Department of
Health and Human Services for State-
administered programs, voluntary
agency programs, Cuban programs for
those who arrived prior to 1978, educa-
tion assistance for children, preventive
health screening, Federal administra-
tive costs, aid to families with depend-
ent children (AFDC), supplemental se-
curity income (SSI), medicaid and for-
mula grants for education of refugee
children. In addition to the moneys in
HHS, there are funds in the Depart-
ment of Agriculture for food stamps,
the school lunch and breakfast pro-
grams, the Family Extension Service
and the Forest Service Job Corps
Center. The Department of Commerce
provides assistance through the na-
tional sea grant program and the Mi-
nority Business Development Adminis-
tration. The Department of Housing
and Urban Development provides as-
sistance through public housing and
section 8 housing. The Department of
Justice provides services through their
Community Relations Service. I know
that the Department of Labor has pro-
vided services through the Job Corps, .
CETA, and Federal-State employment
service programs. ACTION provides
assistance, the INS has a major in-
volvement, and the Defense Depart-
ment is involved. The list goes on and
on.
I have recently returned from a trip
to Southeast Asia where most of these
refugees are generated. I find that the
costs are disbursed through so many
different accounts, through so many
different purses, that there is no place
where we can truly find out what it
costs.
I do know, through some informa-
tion I have acquired, that although we
had comparable figures 2 years ago, a
more accurate estimate was that there
were $1.7 billion in the 1980 fiscal year
and $2.112 billion in the fiscal year
1981. But that estimate was put to-
gether before-I say again-before the
invasion of Cubans and Haitians a
little over a year ago. So it means ab-
solutely nothing.
My best guess is that we may be up
in the $3 billion figure at the present
time, and that is just a downpayment,
because when they arrive here, then
we still have to put them through edu-
cational, technical training, and other
programs in order to help them to as-
similate and become adapted to our so-
ciety and to our economy.
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H 6362
It is essential, I submit, that the
Congress know what this costs so that
we can properly evaluate our pro-
grams in the near future.
I yield back the balance of my time.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from California (Mr. DANnmsox).
The amendment was agreed to.
AMENDMENT OFFERED BY MR. ZABLOCKI
Mr. ZABLOCKI. Mr. Chairman, I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. ZABLOCKI:
Page 38, after line 8, insert the following
new section:
SUPPORTING IMPLEMENTATION OF THE WORLD
HEALTH ORGANIZATION VOLUNTARY CODE ON
INFANT FORMULA
SEC. 402. (a) The Congress finds that-
(1) there is overwhelming scientific evi-
dence that breastfeeding has substantial ad-
vantages for infant health and growth, that
it offers an uncontaminated food supply, an
early transfer of antibodies protective
against infectious diseases, and a naturally
evolved and tested nutritional source, and
that it Is an Important factor in bonding be-
tween mother and child;
(2) numerous studies, in a wide variety of
developed and developing countries, over a
long period of time, have shown that artifi-
cial infant feeding is associated with higher
rates of illness and death and, in poor com-
munities. with lessened growth and nutri-
tion;
(3) the problem of unrefrigerated Infant
formula prepared with polluted water and
placed in Inadequately cleaned bottles is
futher complicated by flies and heat in
tropical climates;
(4) 100 million of the 125 million children
In the world below the age of one are born
in developing countries;
(5) 10 million of these 100 million children
will probably not live until their first birth-
day,
(6) diarrhea and other infectious diseases,
'when combined with the problems of mal-
nutrition, account for more than half of
these deaths;
(7) the use of Infant formula rather than
breastfeeding is estimated to account for up
to a million of these deaths per year; and
(8) at a recent meeting of the World
Health Organization, the United States was
the only country, in a 118 to 1 vote, to vote
against a voluntary code to encourage
breastfeeding. and to curb inappropriate
marketing and advertising of Infant formu-
la, particularly in the Third World.
(b) Therefore, the Congress-
(1) expresses Its dismay at the negative
vote cast by the United States on May 21.
1981, at the Thirty-Fourth World Health
Assembly of the World Health Organization
on the "International Code of Marketing of
Breastmilk Substitutes";
(2) urges the administration to notify
promptly the World Health Organization
that the Government of the United States
will cooperate fully with other nations in
implementation of that code;
(3) urges the United States infant formula
industry to abide by the guidelines of the
code, particularly with respect to exports
and the activities of subsidiaries in develop-
ing countries; and
(4) reaffirms the dedication of the United
States to the protection of the lives of all
the world's children and the support of the
United States for efforts to improve world
health.
Mr. ZABLOCKI (during the read-
ing). Mr. Chairman, I ask unanimous
CONGRESSIONAL RECORD - HOUSE September 17, 1981
consent that the amendment be con-
sidered as read and printed in the
RECORD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Wisconsin?
There was no objection.
(Mr. ZABLOCKI asked. and was
given permission to revise and extend
his remarks.)
Mr. ZABLOCKI. Mr. Chairman, this
is an amendment we have already,
passed earlier In the Congress.
Mr. FASCELL. Mr. Chairman, will
the gentleman yield?
Mr. ZABLOCKI. I would be delight.
ed to yield to the gentleman from
Florida,
Mr. FASCELL. Mr. Chairman, this
amendment is the same language as
passed by the House previously?
Mr. ZABLOCKI. Mr. Chairman, the
amendment offered is identical to lan-
guage the House approved by a 3-to-1
margin on June 16.
The House is being asked to approve
this language again in order to take it
into conference with the Senate, since
it appears the Senate will not take up
the House resolution.
Senate-passed language on infant
formula is much more general than
the House language. Specifically, it:
First, expresses only "concern" at
the U.S. vote on the issue at the World
Health Assembly (House language ex-
presses dismay);
Second, urges the U.S. Government
and the infant formula only to "sup-
port the basic aim" of the code. House
language -urges the industry to abide
by the guidelines of the code, particu-
larly with respect to exports and activ-
ities of subsidiaries in developing
countries, where problems are most
severe.
In short, while the Senate-passed
language speaks to the general issue of
the infant formula problem, it is very
gentle in its treatment of the U.S. po-
sition as expressed in the "rio" vote at
the World Health Assembly, By bring-
ing the previously House-approved
language into conference, a much
more meaningful statement can be en-
acted.
Mr. FASCELL. The other body, as I
understand it, has language in this bill
in order to go to conference? Is that
correct? -
Mr. ZABLOCKI. The other body has
language in their version of this bill
somewhat similar. I believe our lan-
guage is much more supportive of our
position. I would hope that the House
would accept this.
Mr. FASCELL. On this, we have no
objection, if that is the only purpose.
Mr. ZABLOCKI. I thank the gentle-
man for accepting the amendment.
Mr. GILMAN. Mr. Chairman, would
the gentleman yield?
Mr. ZABLOCKI. I would be delight-
ed to yield to the gentleman from New
York.
(Mr. GILMAN asked and was given
permission to revise and extend his re-
marks.)
Mr. GILMAN. I thank the gentle-
man for yielding.
Mr. Chairman, I rise in strong sup-
port of the amendment offered by the
distinguished chairman. of the Com-
mittee on Foreign Affairs, the gentle-
man from Wisconsin (Mr. ZABLOCKI),
which endorses the World Health Or-
ganization Code on. the Marketing of
Breast Milk Substitutes. As the gentle-
man explained, the language of this
amendment is identical to House Joint
Resolution 287, legislation which the
House passed earlier this session by a
vote of 301 to 100.
As a sponsor of an earlier resolution
supporting that code, introduced by
my colleague, the gentleman from
Iowa (Mr. HARKIN), I have come to
recognize the critical problems stem-
ming from the improper use of infant
formula.
The Marketing of Breast Milk Sub-
stitutes Code was developed principal-
ly in response to the improper use of
breast milk substitutes in developing
countries. When mixed with contami-
nated water and overly diluted so as to
stretch out meager supplies, infant
formula poses a severe and widely rec-
ognized health hazard. Under such
conditions, higher rates of infant dis-
ease and death are unavoidable.
The United States was the only
nation to oppose adoption of this code,
doing so primarily because its delega-
tion to the World Health Organization
meeting claimed that the code would
interfere with the legitimate market-
ing of infant formula, and that such
marketing alone was not responsible
for the increased use of infant formula
in developing nations.
Mr. -Chairman, as drafted, the code
is not a regulation, but instead recom-
mends action to be taken to help
assure that infant formula is not used
improperly.
In testimony before the Committee
on Foreign Affairs, Mr. Stuart F. Pier-
son, an expert on constitutional proce-
dures, stated that industry claims that
there is a constitutional prohibition
against voting to consider the recom-
mended code are clearly invalid.
The Senate has also passed a resolu-
tion expressing concern about the U.S.
vote in opposition to the code. Howev-
er, the House-passed measure ex-
presses stronger support for the infant
formula code, especially as concerns
implementation in developing coun-
tries where problems have proved to
be most critical.
If the sense of the House, as ex-
pressed in House Joint Resolution 287,
is to be given the credence it deserves
on this important issue, adoption of
this amendment is imperative.
Accordingly, I urge my colleagues to
support this amendment to stress our
Nation's strong endorsement of the
code on the marketing of breast milk
substitutes. The lives of millions of in-
fants throughout the world are at
stake.
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September 17, 1981
CONGRESSIONAL RECORD - HOUSE H 6363
Mr. ZABLOCKI. Is there acceptance
on the minority side? Otherwise, I
would have to perhaps reserve my
time.
Mr. DERWINSKI. Mr. Chairman,
will the gentleman yield?
Mr. ZABLOCKI. I am happy to yield
to the gentleman from Illinois.
Mr. DERWINSKI. Given the tre-
mendous wisdom and logic of the gen-
tleman from Wisconsin, we naturally
accept the amendment.
Mr. KINDNESS. Mr. Chairman, I
move to strike the last word, and as
many others as are required. .
Mr. Chairman, I object strongly to
this amendment being considered by
so few on the floor of the House.
There has been perhaps precious little
attention paid to the content of this
total authorization bill up to now, but
I hardly understand the reason for
again presenting to the House the
same language which it has already
acted upon back in June.
I understand that it is desired that a
particular set of words be in this au-
thorization bill so as to meet up with
.some different words from the other
body in conference, but I am not per-
suaded that it is necessary to go
through this same exercise that has
been done already one more time in
order to do that.
There is already passed by this
House the resolution having to do
with this very same subject matter
and the same words. Why that cannot
be discussed in the conference as
against the language that the other
body may or may not produce is
beyond me.
I think what we are really presented
with is a question of whether the
other body may delete the language in
its comparable version of the authori-
zation bill. If that is the case, then
there would not be any such language
to be discussed in conference. I would
think that would be a highly desirable
result.
I think it was a mistake on the part
of this House to have been stampeded
into acting on the resolution back in
June saying, "Oh, we deplore the
action that has been taken by the ad-
ministration," after it had already oc-
curred.
I do not seek to argue the question
of whether breast feeding or infant
formula feeding is appropriate or inap-
propriate in certain circumstances.
That was not even the question that
was presented to the House on that oc-
casion, and it is not the question pre-
sented to the House now.
The question presented to the House
now is: Shall we one more time say to
the administration that "You have
taken a position that is now in the
past with which we disagree." All
right. We have done that. Nothing
really is going to be accomplished fur-
ther by once more inserting these
words in some legislation passed by
this House.
I would implore the Members of the
House not to do this one more time,
simply wringing our hands over some-
thing which is a past action by the ad-
ministration. I happen to have agreed
with the administration. Others dis-
agree. And it apparently runs at the
ratio of about 3 to 1.
Now, I certainly do not see any
reason why we should one more time
go through this process of voting on
some language. Despite the 3-to-i vote
on that language back in June, I trust
there were a lot of those who voted for
it who were really stampeded into it,
and reason and logic would impel
them otherwise, and perhaps we might
even get a record vote on it.
Mr. ZABLOCKI. Mr. Chairman, will
the gentleman yield?
Mr. KINDNESS. I yield to the gen-
tleman from Wisconsin.
Mr. ZABLOCKI. I thank the gentle-
man for yielding.
I want to make it indelibly clear: It
is true that in June of this year, by a
3-to-1 margin, we had passed a resolu-
tion on this issue. The Senate has re-
fused thus far to even consider our
version. The only purpose of repeating
our language for the sake of having
some language in conference with the
Senate is the purpose of my amend-
ment. If we do not have anything in
our version, then certainly the resolu-
tion we passed earlier would not be in
conference.
Mr. KINDNESS. I would suggest to
the gentleman that that is one of the
great benefits of a bicameral legisla-
ture.
Mr. ZABLOCKI. But unfortunately,
we do not have the situation here at
the present time. I would hope that
the gentleman understands the pur-
pose of the gentleman from Wisconsin
is to bring the issue of the two ver-
sions, the Senate and the House ver-
sion, into conference.
^ 1400
Mr. KINDNESS. I thank the gentle-
man for that clarification, which I did
state, and I did not mean to twist in
what I expresssed, but I think it is
clear that if this action is not taken
today, we may very well not have any
language considered in the conference
that goes to this point. And indeed the
gentleman from Wisconsin, the chair-
man of the committee, would like to
see it otherwise.
I would agree with the result that
would obtain if we do not pass this
amendment.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Wisconsin (Mr. ZABLOCKI).
The question was taken; and the
Chairman announced that the ayes
appeared to have it.
Mr. McDONALD. Mr. Chairman, I
demand a recorded vote, and pending
that, I make the point of order that a
quorum is not present.
The CHAIRMAN. Evidently a
quorum is not present.
The Chair announces that pursuant
to clause 2, rule XXIII, he will vacate
proceedings under the call when a
quorum of the Committee appears.
Members will record their presence
by electronic device.
The call was taken by electronic
device.
QUORUM CALL VACATED
The CHAIRMAN. One hundred
Members have appeared. A quorum of
the Committee of the Whole is pres-
ent. Pursuant to clause 2, rule XXIII,
further proceedings under the call
shall be considered as vacated.
The Committee will resume its busi-
ness.
The pending business is the demand
of the gentleman from Georgia (Mr.
McDONALD) for a recorded vote.
A recorded vote was refused.
So the amendment was agreed to.
The CHAIRMAN. Are there other
amendments to the bill or to title IV?
If not, under the rule, the Committee
rises.
Accordingly the Committee rose;
and the Speaker pro tempore (Mr.
KAZEN) having assumed the chair, Mr.
HALL of Ohio, Chairman of the Com-
mittee of the Whole House on the
State of the Union, reported that that
Committee, having had under consid-
eration the bill (H.R. 3518) to author-
ize appropriations for fiscal years
1982-83 for the Department of State,
the International Communication
Agency, and the Board for Interna-
tional Broadcasting, and for other pur-
poses, pursuant to House Resolution
182, he reported the bill back to the
House with sundry amendments
adopted by the Committee of the
Whole.
The SPEAKER pro tempore. Under
the rule, the previous question is or-
dered.
Is there a separate vote demanded
on any amendment? If not, the Chair
will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The
question is on the engrossment and
third reading of the bill.
The bill was ordered to be engrossed
and read a third time, and was read
the third time.
MOTION TO RECOMMIT OFFERED BY MR. LOTT
Mr. LOTT. Mr. Speaker, I offer a
motion to recommit.
The SPEAKER pro tempore. Is the
gentleman opposed to the bill?
Mr. LOTT. I am, in its present form,
Mr. Speaker.
The SPEAKER pro tempore. The
Clerk will report the motion to recom-
mit.
The Clerk read as follows:
Mr. LOTT moves to recommit the . bill,
H.R. 3518, to the Committee on Foreign Af-
fairs.
The SPEAKER pro tempore. With-
out objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore.. The
question is on the motion to recommit.
The motion to recommit was reject-
ed.
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H 6364
CONGRESSIONAL RECORD - HOUSE September 17, 1981
The SPEAKER pro tempore. The
Downey Kogovsek
Robinson
question is on the passage of the bill.
Dreier LaFalee
Duncan Lagomarsino
Roe
Roemer
The question was taken; and the
Dunn Latta
Rogers
Speaker pro tempore announced that
Dyson Leath
Rose
the ayes appeared to have it.
Eckart Lee
Roukema
Mr. LOTT. Mr. Speaker, I object to
Edwards (OK) Levitas
Emerson Lewis
Rousselot
Russo
the vote on the ground that a quorum
Emery Livingston
Schneider
is not present and make the point of
English Loeffler
Schroeder
order that a quorum is not present.
Evans (GA) Lott
Evans (IN) Lowery (CA)
Schulze
Sensenbrenner
The SPEAKER pro tempore. Evi-
Ferraro Luken
Sharp
dently a quorum is not present.
Fiedler Lungren
Shaw
The Sergeant at Arms will notify
Fields Marlenee
Fithian Marriott
Shelby
Shumway
absent Members.
Flippo Martin (IL)
Shuster
The vote was taken by electronic
Fountain Martin (NC)
Siljander
device, and there were-yeas 165, nays
Frenzel Matsui
Skeen
226, not voting 42, as follows:
Gaydos Mattox
Gephardt Mazzola
Skelton
Smith (AL)
(Roll No. 2111
Gingrich McCollum
Smith (NE)
Glickman McCurdy
Smith (OR)
YEAS-165
Goodling McDade
Snowe
Addabbo
Foley
Murtha
Gradison McDonald
Snyder
Akaka
Ford (MI)
Natcher
Gramm McEwen
Solomon
Annunzio
Ford (TN)
Nichols
Gregg McGrath
Spence
Barnes
Forsythe
Nowak
Grisham Michel
Stangeland
Bedell
Fowler
Oberstar
Guarini Miller (OH)
Stark
Beilenson
Frank
Obey
Gunderson Moakley
Staton
Benjamin
Frost
Ottinger
Hall, Sam Moffett
S'tenhobn
Biaggi
Fuqua
Pease
Hammerschmidt Molinari
Stump
Bingham
Garcia
Petri
Hance
Montgomery
Synar
Blanchard
Gejdenson
Peyser
Hansen (ID)
Moore
Tauke
Boggs
Gibbons
Porter
Hansen (UT)
Moorhead
Tauzin
Bolling
Gilman
Price
Harkin
Morrison
Taylor
Bonior
Gonzalez
Pritchard
Hartnett
Murphy
Thomas
Booker
Gore
Rahall
Hefner
Myers
Trible
Bowen
Gray
Railsback
Hendon
Napier
trdall
Brodhead
Green
Regula
Haler
Neal
Volkmer
Brooks
Hagedorn
Reuss
Hillis
Nelligan
Walker
Broomfield
Hail (OH)
Rhodes
Holt
Nelson
Watkins
Brown (CA)
Hamilton
Richmond
Hopkins
Oxley
Weaver
Burton, John
Hatcher
Rodino
Hubbard
Panetta
Weber (MN)
Chappell
Hawkins
Rosenthal
Huckaby
Parris
Weber (OH)
Chisholm
Heckler
Roth
Hughes
Pashayan
Whitehurst
Clay
Heftel
Roybal
Hunter
Patman
Whitley
Clinger
Hertel
Sabo
Hutto
Patterson
Whittaker
Coleman
Howard
Schumer
Hyde
Paul
Williams (MT)
Collins (IL)
Hoyer
Selberling
Ireland
Perkins
Williams (OH)
Conte
Jeffords
Shamansky
Jacobs
Pickle
Wirth
Coyne, William
Jones (NC)
Shannon
Jeffries
Pursell
Wolf
Danielson
Kastenmeier
Simon
Jenkins
Rangel
Wortley
Daschle
Kazen
Smith (IA)
Johnston
Ratchford
Wyden
Davis
Kildee
Smith (NJ)
Jones (OK)
Rinaldo
Wylie
Dellums
Lantos
Smith (PA)
Jones (TN)
Ritter
Young (FL)
DeNardis
Leach
Solarz
Kemp
Roberts (KS)
Derrick
LeBoutillier
Stanton
Kindness
Roberts (SD)
Derwinski
Dicks
Lehman
Leland
Stokes
Stratton
NOT VOTING-42
Dixon
Lent
Studds
Barnard
Florio
O'Brien
Dorgan
Long (LA)
Swift
Beard
Ginn
Oakar
Doman
Long (MD)
Traxlet
Boland
Goldwater
Pepper
Dwyer
Lowry (WA)
Vander Jagt
Burgener
Hall. Ralph
Quillen
Dymally
Lundine
Vento
Burton. Phillip
Hightower
Rostenkowski
Edgar
Madigan
Walgren
Coughlin
Holland
Rudd
Edwards (AL)
Markey
Washington
Craig
Hollenbeck
Santini
Edwards (CA)
Marks
Waxman
Crane. Daniel
Horton
Savage
Erdahl
Mavroules
Weiss
Crockett
Kramer
Sawyer
Erlenborn
McClory -
White
de Is Garza
Lujan
Scheuer
Ertel
McHugh
Whitten
Dingell
Martin (NY)
St Germain
Evans (DE)
McKinney
Winn
Dougherty
McCloskey
Wampler
Fary
Mica
Wolpe
Early
Miller (CA)
Wilson
Fascell
Mikulski
Wright
Evans (IA)
Motti
Young (AK)
Fazio
Mineta
Yates
Fenwick
Fi
dl
Minish
Mi
Yatron
^ 1415
n
ey
Fish
tchell (MD)
Mitchell (NY)
Young (MO)
Zablocki
The Clerk announced the following
Foglietta
Mo)lohan
Zeferetti
pairs: -
NAYS-226
On this vote:
Albosta
Bethu
C
Mr. Pepper for, with Mr. Mottl against.
Alexander
ne
Bevill
oats
Coelho
Mr. Boland for, with Mr. Miller of Califor.
Anderson
Bliley
Collins (TX)
nia against.
Andrews
Boner
Conable
Mr. Santini for, with Mr. Quillen against.
Anthony
Bouquard
Conyers
Mr. Crockett for, with Mr. Rudd against.
Applegate
Breaux
Corcoran
Archer
Brinkley
Courter
Until further notice:
Ashbrook
Brown (CO)
Coyne, James
Ms. Oakar with Mr. Young of Alaska.
Aspln
Brown (OH)
Crane, Philip
Mr. St Germain with Mr. O'Brien.
Atkinson
Broyhill
D'Amours
Mr. Early with Mr. Goldwater.
AuCoin
Butler
Daniel; Dan
Mr. Barnard with Mr. Wampler.
Badham
Byron
Daniel, R. W.
Mr..Phillip Burton with Mr. Ralph M.
Bafalis
Campbell
Dannemeyer
Hall
Bailey (MO)
Bailey (PA)
Carman
Carney
Daub
Deckard
.
Mr. de la Garza with Mr. Sawyer.
Benedict
Chappie
Dickinson
Mr. Hightower with Mr. Lulari.
Bennett
Cheney
Donnelly
Mr. Scheuer with Mr. Dougherty.
Bereuter
Clausen
Dowdy
Mr. Wilson with Mr. Horton.
Mr. Rostenkowski with Mir. Burgener.
Mr. Ginn with Mr. Daniel B. Crane.
Mr. Florio with Mr. Coughlin.
Mr. Dingell with Mr. McCloskey.
Mr. Holland with Mr. Beard.
Mr. Hollenbeck with Mr. I-Cramer.
Mr. Evans of Iowa with Mr. Craig.
Mr. Savage with Mr. Martin of New York.
Messrs. ASPIN, ANTHONY, AL-
BOSTA, ALEXANDER, PATTER-
SON, ROE, BUTLER, and MOFFETT,
Mrs. SCHNEIDER, and Mr. HARKIN
changed their votes from "yea" to
"nay."
Mr. WEISS and Mr. DICKS changed
their votes from "nay" to "yea."
So the bill was not passed.
The result of the vote was an-
nounced as above recorded.
A motion to reconsider was laid on
the able.
PARLIAMENTARY INQUIRY
Mr. FASCELL. Mr. Speaker, I have a
parliamentary inquiry.
The SPEAKER pro tempore. The
gentleman will state it.
Mr. FASCELL. Mr. Speaker, I
assume that the motion to reconsider
has been laid on the table. I hope that
is true.
The SPEAKER pro tempore. The
Chair will inform the gentleman that
it has.
Mr. FASCELL. That is good, Mr.
Speaker, because with this overwhelm-
ing endorsement of the Secretary of
State I would not want to be put in
the position of having to do something
affirmative. I will make a request to
allow all Members to have 5 days in
which to extend their remarks, and in
that way they can vent their spleen on
whomever they want.
GENERAL. LEAVE
Mr. FASCELL. Mr. Speaker, I ask
unanimous consent that all Members
may have 15 legislative days in which
to revise and extend their remarks,
and to include extraneous matter, on
the bill just considered.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Florida?
There was no objection,
THE "SURPRISE" VOTE ON THE
DEPARTMENT OF STATE AU-
THORIZATION ACT
(Mr. DERWINSKI asked and was
given permission to address the House
for 1 minute.)
Mr. DERWINSKI. Mr. Speaker, I
share with the gentleman from Flor-
ida the slight surprise at the develop-
ments this afternoon.
Mr. FASCELL. Mr. Speaker, will the
gentleman yield?
Mr. DERWINSKI. I yield to the gen-
tleman from Florida.
Mr. FASCELL. Mr. Speaker, I am
not surprised by this vote. I predicted
it before we started.
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September 17, 1981
Mr. DERWINSKI. I actually
thought that most of the serious oppo-
sition had disappeared. I did not
expect to have the result we did.
But I have a slightly different inter-
pretation. I interpret this to mean
that the .unexpected vote will of neces-
sity have to be reversed in the next
week or two. I believe it is a result of
the misunderstood relationship be-
tween the operating of Government
and the confusing positions taken by
the Director of OMB. Given the -con-
fusion that I think comes from OMB
and the overkill that is involved there
this vote can be understood. We
should understand that if we do not
have a functioning government, we
then have anarchy. We have to have
authorization of Government.
So, Mr. Speaker, when this gets
turned around, the world will stay on
its course and the Department of
State will ultimately be saved.
Mr. Speaker, this vote should not be
considered a reflection on the conduct
of our foreign affairs by Secretary of
State Al Haig. He is the strongest
member of the Cabinet and the best
appointment of the President. If there
is any confusion in the conduct of our
foreign affairs it is in the unseen ad-
visers in the White House. As the Sec-
retary is allowed to take hold, foreign
policy matters will be handled effec,-
EQUEST FOR CONSIDERATION
OF HOUSE CONCURRENT RES-
OLUTION 183, NATIONAL
RUGBY TEAM OF SOUTH
AFRICA
Mr. ZABLOCKI. Mr. Speaker, I ask
unanimous consent for the immediate
consideration in the House of the con-
current resolution (H. Con. Res. 183)
expressing the sense of the Congress
that the national rugby team of South
Africa should not play in the United
States.
The Clerk read the title of the con-
current resolution.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Wisconsin?
Mr. McDONALD. Mr. Speaker, I
object.
The SPEAKER pro tempore. Objec-
tion is heard.
REPORT ON RESOLUTION PRO-
VIDING FOR CONSIDERATION
OF H.R. 3112, VOTING RIGHTS
ACT OF 1965 EXTENSION
Mr. HALL of Ohio, from the Com-
mittee on Rules, submitted a privi-
leged report (Rept.No. 97-229) on the
resolution (H. Res. 222) providing for
consideration of the bill (H.R. 3112) to
amend the Voting Rights Act of .1965
to extend certain provisions for an ad-
ditional 10 years, to extend certain
other provisions for an additional 7
years, and for other purposes; which
was referred to the House Calendar
and ordered to be printed.
^ 1430
REPORT ON RESOLUTION P
VIDING FOR CONSIDERAMN
OF H.R. 4,. INTELLIGENCE IDEN-
TITIES PROTECTION ACT
Mr. HALL of Ohio, from the Com-'
mittee on Rules, submitted a privi
leged report (Rept. No. 97-230) on th
resolution (H. Res. 223) providing fo
consideration of the bill (H.R. 4) tQ
amend the National Security Act of
1947 to prohibit the unauthorized dis-
closure of Information identifying cero
tain U.S.~intelligence officers, agents
dered to be printed.
REPORT ON RESOLUTIf-PRO-
VIDING FOR CONSIDERATION
OF H.R. 3210, FEDERAL-AID
HIGHWAY ACT OF 1981
Mr.- HALL of Ohio, from the Com-
mittee on Rules, submitted a privi-
leged report (Rept. No. 97-231) on the
resolution (H. Res. 224) providing for
consideration of the bill (H.R. 3210) to
amend the Surface Transportation As-
sistance Act of 1978, to establish obli-
gation limitations for fiscal year 1982,
and for related purposes; which was
referred to the House Calendar and
ordered to be printed.
REPORT ON RESOLUTION PRO-
' VIDING FOR CONSIDERATION
of H.R. 3377, AUTHORIZING AP-
PROPRIATIONS FOR JOHN F.
KENNEDY CENTER FOR THE
PERFORMING ARTS
Mr. HALL of Ohio, from the Com-
mittee on Rules, submitted a privi-
leged report (Rept. No. 97-232) on the
resolution (H. Res. 225) providing for
consideration of the bill (H.R. 3377),
authorizing appropriations to the Sec-
retary of the Interior for services nec-
essary to the nonperforming arts func-
tions of the John F. Kennedy Center
for the Performing Arts, and for other
purposes; which was referred to the
House Calendar and ordered to be
printed.
OBJECTION TO CONSIDERATION
OF SENSE OF CONGRESS ON
SOUTH AFRICAN RUGBY TEAM
(Mr. MITCHELL of Maryland asked
and was given permission to address
the House for 1 minute and to revise
and extend his remarks.)
Mr. MITCHELL of Maryland. Mr.
Speaker, this body just had an oppor-
tunity to vote on a resolution which
would have spoken to the apartheid
practices of South Africa. One
Member of the House objected and,
therefore, with that objection it may
be that the interpretation will come
out that, indeed, the present adminis-
tration is tilting toward South Africa
and embracing the apartheid policies.
It may be that the impression will
come out that this body is unwilling to
H 6365
is committing unspeakable crimes
against black Africans.
Through a parliamentary maneuver,
my colleagues were denied an opportu-
nity to stand up and vote for that
which is right. However, I am assured
by the gentleman from Pennsylvania
(Mr. GRAY) and others that there will
be an opportunity to vote on this reso-
lution and I would hope that before
my colleagues vote on it they will con-
sider the importance of it.
America cannot, must not, ever be
allied with anything that is racist and
anything that is as wicked and venal
as the Government of South Africa.
PERMISSION FOR COMMITTEE
ON APPROPRIATIONS TO FILE
PRIVILEGED REPORT
Mr. DIXON. Mr. Speaker, I ask
unanimous consent that the Commit-
tee on Appropriations may have until
midnight tonight to file a privileged
report on a bill making appropriations
for the government of the District of
Columbia and other activities chargea-
ble in whole or in part against the rev-
enues of said District for the fiscal
year ending September 30, 1982, and
for other purposes.
Mr. PORTER reserved all points of
order on the bill.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from California?
There was no objection.
PERMISSION FOR COMMITTEE
ON PUBLIC WORKS AND
TRANSPORTATION TO FILE
REPORT ON HOUSE CONCUR-
RENT RESOLUTION 179
Mr. ANDERSON. Mr. Speaker, I ask
unanimous consent that the Commit-
tee on Public Works and Transporta-
tion may have until midnight tonight
to file a report on the concurrent reso-
lution, House Concurrent Resolution
179.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from California?
There was no objection.
A PERSONAL EXPLANATION
(Mr. FUQUA asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. FUQUA. Mr. Speaker, I was
unable to be here for the session of
Tuesday, September 15, and missed
three important votes. Had I been able
to be here and vote, I would have
voted "aye" on rollcall No. 202, a con-
current resolution authorizing a bust
or statue of Dr. Martin Luther King,
Jr.
I would also have voted "aye" on
rollcall No. 203, the HUD-Independent
Agencies Appropriations Act confer-
ence report.
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1I 6366
Additionally, I would have voted
"aye" on rollcall No. 205, the legisla-
tion increasing pay and allowances for
members of the Armed Forces.
LEGISLATIVE PROGRAM
(Mr. LOTT asked and was given per-
mission to address the House for 1
minute.)
Mr. LOTT. Mr. Speaker, I would like
to address the House so we may be ad-
vised of the schedule for the rest of
this week and the agenda for next
week.
Mr. FOLEY. Mr. Speaker, will the
gentleman yield?
Mr. LOTT. I yield to the gentleman
from Washington (Mr. FoLEY).
Mr. FOLEY. I thank the distin-
guished Republican whip for yielding.
Mr. Speaker, this concludes the busi-
ness for today. Tomorrow the House
will meet in pro forma session at 10
a.m.
It will be my intention subsequently
to ask unanimous consent that when
the Houese adjourns on Friday it
stand adjourned to meet on Monday,
September 21.
On Monday, September 21, the
House will consider a Suspension Cal-
endar of 12 bills. Those bills are:
H. Con. Res. 183, expressing the
sense of Congress that the National
Rugby Team of South Africa should
not play in the United States;
H. Res. 142, sense of Congress ob-
jecting to UNESCO's World News and
Information Control efforts;
H. Con. Res. 111, sense of Congress
opposing Soviet treatment of Yuriy
Shukhevych;
H. Res. 193, regarding the safety and
freedom . 4f Soviet Citizen Yuri
Badzyo;
H. Res. 152, sense of Congress oppos-
ing Soviet imprisonment of Anatoli
Shcharansky;
H. Res. 214, condemning South Afri-
ca's invasion of Angola;
H.R. 1952, authorizations' for conser-
vetion on military installations and
public lands;
H.R. 3016, Fisherman's Protection
Act;
H.R. 1953, CEQ (Council on Environ-
mental Quality) authorizations;
H.R. 4084, Marine Mammals Protec-
tion Act;
H. Con. Res. 179, highway alloca-
tions authorizations; and
H.R. 3995, veterans survivors bene-
fits.
Then we have H.R. 3136, the Over-
seas Private Investment Corporation
amendments of 1981, an open rule, 1
hour of general debate. The rule has
already been debated and adopted and
we will have general debate only on
Monday.
On Tuesday, September 22, we will
meet at noon and there will be no sus-
pensions, but recorded votes on sus-
pensions debated on Monday will take
place on Tuesday. I will repeat that.
There are no substantive votes antici-
pated for Monday. All votes due on
CONGRESSIONAL RECORD - HOUSE September 17, 1981
any suspensions on Monday will be
considered on Tuesday.
Also on Tuesday we have the Dis-
trict of Columbia appropriations for
fiscal year 1982.
We will then come back to H.R.
3136, to complete action on the Over-
seas Private Investment Corporation
.Amendments of 1981.
Wednesday and Thur the
House ww T mmee at 10 a.m. and consid-
er:
H-8,AIntelligence Agents Identities
rotection Act open rue nun
H. , atonal Science
Foundation) authorization, open rule,
1 hour.
H.R. 3210, Federal Aid Highway Act
of 1981, open rule, 1 hour.
H.R. 3377, authorizations for non-
performing arts functions for the Ken-
nedy Center, open rule, 1 hour.
On Friday next, that is the 25th of
September, the House will meet in pro
forma session only, at 10 a.m.
This announcement is made subject
to the usual reservations that confer-
ence reports may be brought up and
that further announcements may be
made at any time.
Mr. LOTT. So the gentleman is
saying that there will not be any votes
on Friday, the 25th? Did the gentle-
man say it would be a pro forma ses-
sion a week from today?
Mr. FOLEY. Yes. The House will
meet in pro forma session tomorrow
and a week from tomorrow, on Friday,
the 25th of September.
Mr. LOTT. The votes on suspensions
on Monday will be deferred until
Tuesday?
Mr. FOLEY. The gentleman is cor-
rect.
Mr. LOTT. I thank the gentleman
for the schedule.
ADJOURNMENT TO MONDAY,
SEPTEMBER 21, 1981
Mr. FOLEY. Mr. Speaker, I ask
unanimous consent that when the
House adjourns on Friday, September
18, 1981, it adjourns to meet at noon
on Monday, September 21, 1981.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Washington?
There was no objection.
DISPENSING WITH CALENDAR
WEDNESDAY BUSINESS ON
WEDNESDAY NEXT
Mr. FOLEY. Mr. Speaker, I ask
unanimous consent that the business
in order under the Calendar Wednes-
day rule be dispensed with on Wednes-
day next.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Washington?
There was no objection.
EFFECT OF REAGAN :BUDGET
.CUTS
The SPEAKER pro tempore. Under
a previous order of the House, the gen-
tleman from California (Mr. DANNE-
MEYER) is recognized for 30 minutes.
Mr. DANNEMEYER. Mr. Speaker, If
the breadwinner of a family earns
$20,000 in a given year and he sought
another, higher paying job, and he re-
quested a salary of $30,000 and he was
in fact offered that job but at a salary
of $25,000, could that breadwinner
rightfully charge that the offer is
unfair because he is taking a cut in
pay? The $25,000 is certainly less than
the $30,000 he was asking for, but it is
also certainly higher than the $20,000
he was making.
My point is this: What has been all
too infrequently mentioned, if not
conveniently overlooked, by most crit-
ics and commentators on the effect of
the President's budget package is that
fiscal year 1982 outlays total $723 bil-
lion compared to $685.2 billion for
fiscal year 1981 and $593.8 billion for
fiscal year 1980.
^ 1445
Including the so-called cuts enacted
this summer by the Congress, the 1982
budget is still $37.8 billion higher than
1981 and represents a 21.8-percent in-
crease from 1980.
How can this be called a massive,
drastic and harsh cut, when we are
spending more than the preceding
year?
The Congressional Budget Office,
which is less optimistic about adminis-
tration estimates, believes 1982 will
wind up costing from $48 billion to $54
billion more than fiscal year 1981.
This even more clearly underlines the
fact that what we have is a far cry
from an actual cut.
The problem is, of course, that we
cannot simply be satisfied with this
relatively modest budget increase.
Outgo continues to run consistently
ahead of income.
Now, for those who are uneasy, skep-
tical, or merely appalled at my list of
possible additional budget cuts, if all
of these proposals were enacted, total-
ing $52 billion, that would most likely
result in 1982 outlays being from $5 to
$10 billion higher than 1981. There
would still be more spending that the
preceding year. And, at the worst, out-
lays would roughly approximate 1981
outlays.
So even if we slice off another $52
billion from what has already been re-
duced, there would be no actual cut
from the preceding year's budget.
Budget cuts, as we call them, are
cuts in proposed increases, not de-
creases and, as such, do not deserve
the panic-instilling aura that has been
created around them. This is what
Wall Street knows. This is what tax-
payers who look at the figures know.
This is what we have to remember
when we pace the floor, wondering
what to do next about the killer defi-
cits.
The Members will recall that over
the course of the past 3 or 4 days, this
Member has taken the well of the
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