CONGRESSWOMAN SCHROEDER'S PROPOSED LEGISLATION TO AID GOVERNMENT EMPLOYEES SUBJECT TO HOSTILE ACTION DIRECTED AT THE UNITED STATES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R001001230015-4
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 10
• Document Creation Date: December 22, 2016
• Document Release Date: March 16, 2010
• Sequence Number: 15
• Publication Date: May 9, 1985
• Content Type: MISC

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STAT
OLL85-1327
3 May 1985
MEMORANDUM FOR: vch,ief EPS DDO
DD/PA&E/OP
Associate General Counsel for Administrative
Law/OGC
Deputy Chief, Legislation Division
Office of Legislative Liaison
STAT
SUBJECT: Benefits for Government Employees Kidnapped or
Captured: Proposed Legislation (H.R. 2019)
1. The Office of Management and Budget has asked for our
views on a bill which would provide special benefits to
Government employees who are captured, kidnapped or deprived of
their liberty as a result of hostile action directed against
the United States.
appreciated.
2. Congresswoman Schroeder introduced the bill which was
referred to the Subcommittee on Civil Service of the House Post
Office and Civil Service Committee. Mrs. Schroeder is the
Chairperson of that Subcommittee and expects to move H.R. 2019.
3. Introduction of the bill was accompanied by a floor
statement (a copy included herewith) explaining the bill. In
this connection, it is well to note that H.R. 2019 picks up
where the "Hostage Relief Act" leaves off, the latter having
expired in 1981 by Executive Order. For comparative purposes a
copy of the Hostage Relief Act is also attached.
4. So that we may provide a timely reply to the Office of
Management and Budget your response by May 10. 1985, would be
Attachments
as stated
STAT
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99TH CONGRESS
1ST SESSION
. R. 2019
To amend title 5, United States Code, to provide certain benefits for Government
employees and similarly situated individuals who are captured, kidnaped, or
otherwise deprived of their liberty as a result of hostile action directed
against the United States and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 4, 1985
Mrs. SCHROEDER introduced the following bill; which was referred to the
Committee on Post Office and Civil Service
A BILL
To amend title 5, United States Code, to provide certain bene-
fits for Government employees and similarly situated indi-
viduals who are captured, kidnaped, or otherwise deprived
of their liberty as a result of hostile action directed against
the United States and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. BENEFITS FOR CAPTIVES AND OTHER VICTIMS OF
4 HOSTILE ACTION.
5 (a) IN GENERAL.-Subchapter VII of chapter 55 of
6 title 5, United States Code, is amended by adding at the end
7 thereof the following:
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5 95551 xJVra.,.nar.,.a ....v~.??-?..--- 1 ^
TITLE f--SPECIAL
PERSONNEL BENEFITS
"DEFINmONS
"Sec. 101. For purposes of this title-
"(1) The term 'American hostage' means an)
individual who, while-
"(A) in the civil service or the uniformed
services of the United States. or
"(B) a citizen or resident alien of the Unit-
ed States rendering personal service to the
United States abroad similar to the service of
a civil officer or employee of the United
States (as determined by the Secretary of
State),
is placed in a captive status during the hostage
period, The term 'hostage period' mans the
period beginning on November 4, 1979, and
ending an the later of-
"(A) the date the President specifies. by
Executive order, as the date on which all
citizens and resident aliens of the United
states who were placed in a captive status
due to the seizure of the United States Em-
bassy in Iran have been r turned to the Unit-
ed States or otherwise accounted for. or
`(B) January 1. 1983
"(3) The term 'family member', when used
with respect to any American hostage, mans-
"W any dependent (as defined in secoon
5561 of title 5, United States Code) (this
section] of such hostage. and
10) any member of the bostares himily
Of bousehold (as determined under reguts-
e
O
tog status arising because of a hostile action
abroad-
-(A) which is directed against the United
States during the hostage period. and
??(Bi which is identified by the Secretary of
State in the Federal Register
"(5) The term 'missing status'-
"(A) in the case of employees, has the
meaning given it in section 5561(5) of title 5.
United States Code (par (5) of this section]:
"(B) in the case of members of the uni?
formed services. has the meaning given it in t
section 551(2) of title 37, United States Code
(section 551(2) of Title 37, Pay and Allow- t
ances of the Uniform Services]: and
"(C) in the case of other individuals. has a
similar meaning as that provided Mary such
sections, as de-determined by the
Suit-
-(6) The terms 'pay and allowances'. 'em-
ployee', and 'agency' have the meanings given -
to such terms in section 5561 of title 5, United
States Code (this section). and the terms 'civil
service'. 'uniformed services'. and 'armed forces'
have the meanings given to such terms in six-
tion 2101 of such title 5 )section 2101 of this i
title).
"PAY AND ALLOWANCES MAY BE AL-
WTTED TO SPECIAL SAVINOS FUND r
"See. 102. fa) The Secretary of the Treasury n
shall establish a savings fund to which the he pd
so agency may allot all or any Portion
and allowances of any American hostage which
are for pay periods during which the American
hostage is in a captive status and which are not -'
subject to an allotment under section 5563 of tide
5, United States Code (section '5563 of this title).
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1910 Aaeaest- Suborn (a) Pub.L.96-499
provided that the period of leave used for calculat-
ing the lump-sum payment was not to be extended
due to any holiday occurring after separation.
Weedse Date of 1960 Amend-t-, Appllcabtl-
ItY. Section 402(b) of Pub.L. 96-499 provided
that. "The amendment made by subsection (a) shall tdc
(amending subset. (a) of this sectiothis Act
effect on the date of the enactment (Dec- S. 1980) and shall apply to employees sepa-
rating from the service on or after such date -
ve History. For legislative history and
purpose of Pub.L. 96-499, we 1980 U.S. Code
Cong. and Adm. News, p. 5326.
from governmem service and does not apply to a
transfer such as resignation from a government
and reemployment in a second govern-
enc
a
y
g
went agency the following day and consequently a
la. Se9araooe from se^ sum Payment to an employee separated by
Since D.C. Code 4 11-1505(a), establishing lump and a
maximum number of leave days that a judge of the United States Information Agency P
the superior court of the District of Columbia pointed by the Air Force 33ext day was errone-
may be granted in any particular year. does not sus. 1980. 59 Comp.
i 5561. Definitions
tions which the Secretary of State shall pre-
Hostage Relief. Pub.L. 96-449. Oct 14. 1980. scribe)
94 Stat. 1967, provided.
term 'captive sous' means a miss-
' 4 Th
create a substantive right for judges to acme
annual leave and be paid for the leave when
employee hsva government service, that section
and subeec (a) of this section, authorizing a lump-
sum payment of accrued annual or vacation leave
to which an employer is statutorily entitled. taken
in conjunction. could not fairly be interpreted to
mandate compensation by the government, and
thus Claims Court was without jurisdiction to
entertain former superior court judge's action
seeking lump-sum payment for unused annual
vacation leave. Alexander v. U.S.. 1964. 5 CI.Ct.
37.
Subset. (a) of this section dos not affect an
employee's tight to holiday pay before his seepara-
 MENT. ORGANIZATION 64 65 GOVERNMENT ORGANIZATION 6 $ b5~]
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wider section 553 of title 37. United State Code
ountaon
f
'
annual
leave and be paid for the leave when
d employee leaves government service. that section
and subset (a) of this section. authorizing a lump.
sum payment of accrued annual or vacation leave
to which an employee is statutorily entitled. taken
in conjunction, could not fairly be interpreted to
mandate compensation by the government. and
thus Claims Court was without jurisdiction to
entertain former superior court judge's action
seeking lump-sum payment for unused annual
vacation leave. Alexander v. U.S., 1984, 5 CI.Ct.
57.
Subset. (a) of this section does not affect an
employees right to holiday pay before his separa-
tion date. 1982, 61 Coenp.Gen. 363.
This section contemplates an actual separation
from government service and does not apply to a
transfer such as resignation from a government
agency and re-employment in a second govern-
ment agency, the following day and consequently a
lump sum payment to an employee separated by
the United States Information Agency and ap-
pointed by the Air Force the next day was errone-
om 1980. 59 Comp.Gen. 335.
tions which the Secretary of State shall pre-
scribe).
"(4) The term 'Captive status' means a miss-
ing status arising because of 'a hostile actiop
abroad-
"(A) which is directed against the United
States during the hostage period. and
"(B) which is identified by the Secretary of
State in the Federal Register.
"(S) The term 'missing status'-
"(A) in the case of employees, has the
meaning given it in section 5561(5) of title 5.
United States Code [par. (5) of this section]:
"B) in the case of members of the uni-
formed services, has the meaning given it in
section 55l(2) of title 37, United States Code
(section 55)(2) of Title 3?, Pay and Allow-
ances of the Uniform Services). and
"(C) in the case of other individuals, has a
similar meaning as that provided under such
sections. as de-determined by the Secretary of
State.
"(6) The terms 'pay and allowances', 'em-
ployee', and 'agency' have the. meanings given
to such terns in section 5561 of title 5, United
States Code [this section], and the terms 'civil
service', 'uniformed services', and 'armed forces'
have the meanings given to such terms in sec-
tion 2101 of such title 5 [section 2101 of this
titkj.
'TAY AND ALLOWANCES MAY BE AL-
LOTTED TO SPECIAL SAVINGS FUND
"Sec- M. (a) The Secretary of the Treasury
shall establish a savings fund to which the head of
an agency may allot all or any portion of the pay
and allowances of any American hostage which
are for pay periods during which the American
hostage is in a captive status and which are not
subject to an allotment under section 5563 of title
5, United States Cock (section 5563 of this title),
(aactioo 553 of Title 371 or under any other
provision of Mw.
"(b) Amounts so allotted to the savings fund
shall bear interest at a rate which, for any calen.
dar quarter, shall be equal to the average rate paid
on United States Treasury bills with three-month
maturities issued during the preceding calendar
quarter Such interest shall be compounded quar-
terly.
"(c) Amounts may be allotted to the savings
fund from pay and allowances for any pay period
ending after November 4, 1979, and before the
establishment of the savings fund Interest on
amounts allotted from the pay and allowances for
any such pay period "ball be calculated as if the
allotment had occurred at the end of the pay
Period.
"(4) Amounts in the savings fund credited to
any American hostage shall be considered as pay
and allowances for purposes of section 5563 of
title 5. United States Code [section 5563 of this
title), (or in the case of a member of the uni-
formed services, for purposes of section 553 of
title 37, United States Code) [section 553 of Title
37] and shall otherwise be subject to withdrawal
under procedures which the Secretary of the Trea-
sury shall establish.
"MEDICAL AND HEALTH CARE AND
RELATED EXPENSES
"Sec. 103. Under regulations prescribed by
the President, the head of an agency may pay (b)
advancement or reimbursement) any individual
who is an American hostage, or any family mem-
ber of such an individual . for medical and health
care, and othe- expenses related to such care, to
the extent such care-
"(I) is incident to that individual being an
Amenca.n hostage and
"(2) is not covered by insurance.
"EDUCATION AND TRAINING
"Sec. 104. (aX1) Under regulations pre-
scribed by the President, the bead of an agency
shall pay (b) advancement or reimbursement) a
spouse or child of an American hostage for ex-
pensas incurred for subsistence, tuition, fees, sup-
plies, books, and equipment, and other education-
al expenses, while attending an educational or
training institution.
"(2) Except as provided in paragraph (3), pay-
ments shall be available under this subsection for
is spouse or child of an individual who is an
American hostage for education or training which
occurs-
"(A) after the ninetieth day after the date the
individual is placed in a captive status, and
"Br on or before-
"(() the end of any semester or quarter (as
.appropriate) which begins before the date on
which the hostage cess s to be in a captive
status, or
"B) if the educational or training institu-
tion is not operated on a semester or quarter
system, the earlier of the end of any course
which began before such date of the and of
the twelve-week period following that date.
In order to respond to special circumstances, the
President may specify a date for purposes of
o
assurance Under subparagraph (B)
which r later than the date which would other-
wise apply under subparagraph (B)
"(3) In the event an American hostage dies and
the death is incident to that individual being an
American hostage, payments shall be available
under this subsection for a spouse or child of an
individual who is an American hostage for educa-
tion or training which occurs after the date of
death
'14) The preceding provisions of this subsection
shall not apply with respect to any spouse or child
who is eligible for assistance under chapter 35 of
title 38, United States Code [section 1700 et seq
of Title 38, Veterans' Benefits)
"(bXI) In order to respond to special circum-
stances, the bead of an agency may, tinder regula-
tion prescribed by the President, pay (b) ad-
vancement or reimbursement) an American h(s-
tage for expenses incurred for subsistence, tuition,
fees supplies, books, and equipment, and other
educational expenses, while attending an educa-
tional or training institution
"(2) Payments shall be available under this sub-
section for an American hostage for education or
training which occurs-
'W after the termination of such hostage's
captive status. and
"(B) on or before--
"() the end of any semester or quarter (as
appropriate) which begins before the date
which is 10 year, after the day on which the
hostage ceases to be in a captive status, or
"(ii) if the educational or training institu-
tion is not operated on a semester or quarter
system. the earlier of the end of any course
which began before such date or the end of
the twelve-week period following that date
"(c) Assistance under this section shall be dis-
continued for any individual whose conduct or
progress is unsatisfactory under standards consist.
ent with those established pursuant to section
1724 of title 38, United States Code [section 1724
of Title 38].
"(d) In no event may assistance be provided
under this section for any individual for a period
in excess of forty-five months (or the equivalent
thereof in part-time education or training).
'Ye) Regulations prescribed by the President
under this section shall provide that the program
under this section be consistent with the assistance
program under chapters 35 and 36 of title 38,
United States Code [sections 1700 et seq. and
1770 et seq of Title 38, respectively]
-EXTENSION OF APPLICABILITY OF CER-
TAIN BENEFITS OF THE SOLDIERS'
AND SAILORS' CIVIL RELIEF ACT OF
1940
"Sot. 105. (a) Under regulations prescribed
by the President. an American hostage is entitled
to the benefits provided by the Soldiers' and Sail-
ors' Civil Relief Act of 1940 (50 U.SC.App. 501
et seq.) (section 501 et seq of Title 50 App.. War
and National Defense], including the benefits pro-
vided by section 701 (50 US.C.App. 591) (section
591 of Title 50 App.) but excluding the benefits
provided by sections 104, 105, 106, 400 through
408, 501 through 512. and 514 (50 U.S.C.App.
514, 515, 516. 540 through 548, 56! through 572,
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and 574) [sections 514. 315, 316. 310 through 50,
361 through 572, and 574 of Title 50 App.)
"(h) In applying such Act for purposes of this
section-
'41) the term 'person in the military service
is deemed to include any such American bos-
tage,
"(2) the term 'period of military service' is
deemed to include the period during which such
American hostage is in a captive status; and
"(3) references to the Secretary of the Army,
the Secretary of the Navy, the Adjutant Gener-
al of the Army. the Chief of Naval Personnel,
and the Commandant, United States Marine
Corps, are deemed to be references to the Secre-
tary of Stave.
"(C) The preceding provisions of this section
shall not apply with respect to any American
hostage covered by such provisions of the Soldiers'
and Sailor' Civil Relief Act or 1940 [section 501
et seq, of Title SO App.] by reason of being in the
Armed Forces.
"APPLICABILITY TO
COLOMBIAN HOSTAGE
"Sec. 106. Notwithstanding the requirements
of section 101(1), for purposes of this title. Rich-
ard Starr of Edmonds, Washington. who, as a
Peace Corps volunteer, was held captive in Co-
lumbia and released on or about February 10,
1980. shall be held and considered to be an Amer-
ican hostage placed in a captive status on Novem-
ber 4, 1979.
"EFFECTIVE DATE
"Sec. 107. The preceding provision of this
title shall take effect as of November 4, 1979.
"Sec. 201. Compensation excluded from gross
income.
"For purposes of the Internal Revenue Code of
1954 [section I et seq of Title 26], the gross
income of an individual who was at any time an
American hostage does not include compensation
from the United States received for any month
during any part of which such individual was-
"(1) in captive status, or
"(2) hospitalized as a result of such individu-
al's captive status.
"Sec. 302. Income taxes of hostages where
death results from captive statue.
"(a) General rwk--In the case of an individual
who was at any time an American hostage and
who dies as a result of injury or disease or physi-
cal or mental disability incurred or aggravated
while such individual was in captive status-
"(1) any tax imposed by subtitle A of the
Internal Revenue Code of 1954 [section 1 et
seq. of Title 26] shall not apply with respect
to-
'YA) the taxable year in which falls the
date of such individual's death, or
"(B) any prior taxable year coding on or
after the first day such individual was in
captive status, and
"(2) any tax imposed snider such subtitle A
{section I at seq. of Tale 26] for taxable years
preceding those specified in paragraph (1)
which is unpaid at the date of such individual's
death (including interest, additions to the tax,
"(A) shall not be assessed.
funded as an overpayment.
apply unless the death of the individual occurs
within 2 years after such individual ceases to be in
captive status.
"Sec. 303. Spouse my file Joint raters.
"(a) General ruk.-If an individual is an
American hostage who is in Captive status, such
individual's spouse may elect to file a joint return
under section 6013(a) of the Internal Revenue
Code of 1954 [section 6013(a) of Title 26] for any
taxable year-
"(1) which begins on or before the day which
is 2 years after the date on which the hostage
period ends, and
"(2) for which such spouse is otherwise enti-
tled to file such a joint return.
"(b) Certain rain made applicable.-For pur-
poses of subsection (a), paragraphs (2) and (4) of
section 6013(() of such Code [section 6013(fX2)
and (4) of Title 261 (relating to joint return where
individual is in missing status) shall apply as if the
election described in subsection (a) of this section
were an election described in paragraph (1) of
such section 6013(f) [section 6013(f)(1) of Title
26]
"Sec. 204. Time for performing certain sea
postponed by reason of captive status.
"(a) General rule.-In the case of any individu-
a1 whc was at any time an American hostage. any
period during which be was in captive status (and
any period during which he was outside the Unit-
ed States and hospitalized as a result of captive
tatter). and the next 180 days thereafter, shall be
disregarded in determining under the internal
revenue laws. in respect of any tax liability (in-
cluding any interest, penalty, additional amount,
or addition to the tax) of such individual-
"(1) whether any of the acts specified in
paragraph (1) of section 7508(a) of the Internal
Revenue Code of 1954 [section 7508(axl) of
Title 261 was performed within the time pre-
scribed therefor, and
"(2) the amount of an) credit or refund (in-
cluding interest).
"(b) Application to spouse.-The provisions of
this section shall apply to the spouse of any
individual entitled to the benefits of subsection (a).
The preceding sentence shall not cause this section
to apply to any spouse for any taxable year begin-
ning more than 2 years after the date on which
the hostage period ends
-W Section 750e(d) made awlieabk.-Subsec-
tion (d) of section 7508 of the Internal Revenue
Code of 1954 [section 7508(d) of Title 26] shall
apply to subsection (a) in the same manner as if
the benefits of subsection (a) were provided by
subsection (a) of such section 7508 [section
7508(a) of Title 26).
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 ZNT ORGANIZATION 66 T_ 97 (.nVERNMENT ORGANiZAT1nN 5 65561
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, service
1rrsan "-
Mary service' is
Suring which such
iptive status ; and
tart' of the Army,
Adjutant Gener.
Naval Personnel,
ad States Marine
mica to the Secte-
a at this section
to any American
as of the Soldier'
1940 [section 301
on of being in the
TO
TAGE
the requirements
tf this title, Ricb-
tgton. who, as a
id captive in Co.
out February 10,
id to be an Amer-
status on Novem-
PTE
Provisions of this
rvember 4, 1979.
VISIONS
aded from gross
[Revenue Code or
to 26], the gross
is at any time an
.de Compensation
I for any month
individual was-
preceding those specified in paragraph (1)
which is unpaid at the dated such individual's
death (including interest, additions to the tax,
and additional amounts)-
"(A) shall not be ass ssed.
"B) if assessed, the assessment shall be
abated, and
"(e) if collected, shall be credited or re-
funded as an overpayment.
`Q) Death woo sccer within 2 years of crm-
tlon of captive sttatisa Tbis section shall not
apply unless the death of the individual occurs
within 2 yeah after such individual crass to be in
captive status.
"See, 703, aposae nay file, Joint eedtrta.
"(a) General rate--If an individual is an
American hostage who as in captive status, such
individual's spouse may elect to file a joint return
under section 6013(s) or the Internal Revenue
Code of 1954 [section 6013(a) or Title 26] for any
taxable year-
"(11) which begins on or before the day which
is 2 years after the date on which the hostage
period ends, and
"(2) for which such spouse is otherwise enti-
tled to file such a joint return .
"(b) Certain tale made applicable.-For pur-
poses of subsection (a), paragraphs (2) and (4) of
section 6013(f) or such Code (section 6013(f)(2)
and (4) of Title 261 (relating to joint return where
individual is in missing status) shall apply as if the
election described in subsection (a) of this section
were an election described in paragraph (1) of
such section 6013(f) (section 6013(f)(1) of Title
26]
"Sec. 204. Time for performing certain acts
postponed by reason of captive statue.
"(a) General rule,-In the case of any individu-
al who was at any time an American hostage. any
period during which he was in captive status (and
any period during which he was outside the Unit-
ed States and hospitahud as a result of captive
status). and the next 190 days thereafter, shall be
disregarded in determining. under the internal
revenue laws. in respect of any tax liability (in-
cluding any interest, penalty, additional amount,
or addition to the tax) of such individual-
"Sae. M. Daimulas and grew tales. '(B) which is part of a continuous period
' of hospitalization which began on or before
Yet) [term 'American purposes or chi the day determined wider subparagraph (A)
dtk, the e Wrist merin hostage' means any iodi?
vidual who, while- "It) Civil service aelforaed service.-For
'11) in the civil service or the uniformed purposes of this section. the terms 'civil service'
services of the United States, or and 'uniformed services' have the meamnr giver:
to such terms b% section 2101 of title 5, United
' a cirtn or resident ,hen or the United States Code [section 2101 of this title).
Stiles tes rendering personal service to the United "(f) Application of title to all Tema hoe
States abroad similar ilar to the service Of a civil tagea
officer or employee or the United States (as -In the case of any citizen or resident alien of the
determined by the Secretary of State),
is placed an captive status during the hostage
period.
'(h) Hostage period.-For purposes of this ti-
tle, the tam hostage period' means the period
beginning as November 4, 1979, and ending on
whichever of the following dates, is the earlier:
"(1) the date the President specifies, by Exec-
alive order, as the date cc which all citizens
and resident aliens of the United States who
were placed in a captive status due to the
seizure of the United States Embassy in Iran
have been returned to the United States or
otherwise accounted for, or
"(2) December 31, 1981.
Ii-
'Ye) Captive slat[[,-For purposes or this
tk-
smeans a missing status toting because of a hostile
action abroad-
"(A) which is directed against the United
States during the hostage period. and
"(11) which is identified by the Secretary of
State in the Federal Register
"(2) Missing status defined.-The term 'miss-
ing status-
"(A) in the case of employees, has the mean-
ing given it in section 5561(5) of title 5. United
States Code [par. (5) of this section].
"(B) in the case of members of the uniformed
services, has the meaning given it in section
551(2) of title 37, United States Code [section
551(2) of Title 37]. and
"(C) in the case of other individuals, has a
similar meaning as that provided under such
sections, as determined by the Secretary of
State.
For purposes of the preceding sentence, the
term 'employee' has the meaning given to such
term by section 5561(2) of title 5, United Stats
Code [par. (2) of this section].
"(d) Hospitalized as a result of captive
sta-
. of an individual
an hostage and
disease or physi-
d or aggravated
live status-
abtitle A of the
54 [sectiosi 1 at
ply with respect
which falls the
.th, at
as ending on or
dividua) was is
paragraph (1) of section 7508(a) of the Internal
Revenue Code of 1954 [section 7509(a)(1) of
Title 26] was performed within the time pre-
scribed therefor. and
"(2) the amount of any credit or refund (in-
cluding interest)
"(b) Application to spouse.-The provisions of
this section shall apply to the spouse of any
individual entitled to the benefits of subsection (a).
The preceding sentence shall not cause this section
to apply to any spouse for any taxable year bepn-
sting more than 2 years after the date on which
the hostage period ends.
10 Section 7300(d) made applicable.-Subsec-
tion (d) or section 7500 of the Internal Revenue
Code of 1954 [section 7508(d) or Title 26] shall
apply to subsection (a) in the acme manner as if
the benefits of subsection (a) were provided by
"U) In general.-For purposes of this title,
an individual. shall be treated as hospitalized as
a result or captive status if such individual is
hospitalized as a result of injury or disease or
physical or mental disability incurred or aggra-
vated while such individual was in captive sta-
tus-"(2) 2-year limit.-Hospitalization shall be
taken into account for purposes of paragraph
(1) only if it is hospitalization-
"W occurring on or before the day which
in 2 years after the date on which the individ-
ual's captive status ends (or, if earlier, the
date as which the bostage period ends), or
of State to have been held hostage in Tehran at
any time during November 1979, for purposes of
this title-
"(D such individual shall be treated as an
American hostage whether or not such individ-
ual meets the requirements or paragraph (1) or
(2) of subsection (a), and
"Q) if such individual was not in the civil
service or the uniformed services of the United
States
"(A) section 201 shall be applied by subst.
tuting 'earned income (as defined in section
911(b) of the internal Revenue Code of 1954)
[section 911(b) of Title 26] attributable to' for
'compensation from the United States re-
ceived for. and
'(B) the amount excluded from gross in-
come under section 201 for any month shall
not exceed the monthly equivalent of the
annual rate of basic pay payable for level %' of
the Executive Schedule
"(g) Application of Title to individual held cap-
tive in Colombia.-For purposes of this title.
Richard Star- of Edmonds Washington. who as a
Peace Corps volunteer, was held captive in Co-
lombia. shall be treated as an American hostage
who was in captive status beginning on November
4, 1974, and ending on Februars 10. 1980
"(h) Special rules.-
"(1) Compensation.-For purposes of this ti-
tle, the term 'compensation' shall not include
any amount received as an annuity or as retire-
ment pay.
"(2) Wage withholding.-Any amount ex-
cluded from gross income under section 201
shall not be treated as wages for purposes of
chapter 24 of the Internal Revenue Code of
1954 [section, 340) et seq of Title 26]
"Sec. 206. Study of tax treats at of hostages.
-As) Study.-The Chief of Staff of the Joint
Committee on Taxation shall study all aspects of
the tax treatment of citizens and resident aliens of
the United States who are taken hostage or are
otherwise placed in a missing status
"(b) Report.-The Chief of Staff of the Join;
Committee on Taxation shall. before Jul) 1, 1981.
report the results of the study made pursuant to
subsection (a) to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate
'TITLE Ill-TREATMENT OF THE
HOSTAGES IN IRAN
"VISITS BY THE INTERNATIONAL
RED CROSS
such subtitle A subsection (a) of such section 7500 [station
tor taxable years 73o0(a) of Title 26).
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" I) the continued Rk;a) itm0 tt?Umuriec
tendon of the American heatata by the ter and whether they are receiving proper
Oovernment of Inn bas resulted is the deterio? medical attention,
ration of relations between the United States "(2) urge other countries to solicit the coop
and Iran. and eratton of the Government of Iran in the visit,
"(2) tie protracted krgtb and the conditions to the hostage by the International Committee
of their confinement have reportedl) endan- or the Red Cross, and
erred the phys ca and mental *eII-beinI of the -'(3) report to the United States its findings
hostages after each such visit "
-(b) Tberefort, it is the uric of the Congress to Iran. For
that the president tbould mate a forma) request Ilekaae of Ameriete Ho?tah
of tie IoW-ti-al Committer of the Red Cross Executive Order provisions relating to the release
to- of the American hostages in Iran, sear Ea.Ord
?11) make regular and periodic visits to the Nos. 12276 to 12285. Jan. 19, 1981, 46 F.R. 7913
American bostales being held in Inn for the to 7932. set out as notes under section 1701 or
purpose of determining wbetba the hostages Title 50, War and National Defense
kXECUTNE ORDER NO. 12218
Jan. 15, 1981, 46 F.R. 4671
IMPLEMENTATION OF HOSTAGE RELIEF ACT OF 1960
By the authority vested in we as President by
the Constitution and statutes of the United States
of America. including the Hostage Relict Act of
1980 (Public Law 96-449; 94 Stat. 1967; U.S.C.
5561 note) Iset out as a note under this section]
and Section 301 of Title 3 or the United States
Code [section 301 of Title 3, The President]. and
in order to provide for the implementation of that
Act, it is hereby ordered as follows
1-101. The functions vested in the President
.by Sections 103, 100, 105 and 301 of the Hostage
Relief Act of 1980 (5 U.S.C. 5561 note) (set out as
? note under this section) are delegated to the
Secretary of State.
1-102. The Secretary of State shell consult
with the heads of appropriate Executive agencies
in carrying out the functions in Sections 103, 104,
and 105 of the Act [set out as a note under this
section]
EXECUTIVE ORDER NO. 12313
July 13, 1981. 46 F.R. 36689
SPECIFICATION OF HOSTAGE RETURN DATE UNDER
HOSTAGE RELIEF ACT OF 1980
By the authority vested in me as President der foreign accounted for, and were no longer un-
the United States of America by Ro~xtn RF.c~~
101(2XA) and 205 I of the Hostage Relief Act
of 1960 (Pub tic w-9t-449, 94 Stat. 196'. 1972: Cross References
5 U.S.C. 5561 note) (the "Hostage Act-) [set out Limitation on aggregate period for which assist.
as a note under this section], it is hereby ordered, sera may be received under the Hostage Relief
for the purposes of these sections of the Hostage Act of 1980 and other provisions of Is%. sec
Act, that January 11, 1981. is specified as the date section 1795 of Title 38, Veterans' Benefits.
on which all citizens and resident aliens of the Restriction on concurrent receipt of benefits
United States who were placed in a captive status under the Hostage Relief Act of 1980 and other
due to the seizure of the United States Embassy in provisions of Is% for pursuit of the same educa-
Inn have been returned to the United States or tion program. see section 1781 of Title 38
Code of Federal Retntlations
General provisions, are 32 CFR 716.1.
9 5562. Pay and allowances; continuance while in a missing status; limitations
Legislative History. For legislative history and
purpose of Pub.L. 96-54. are 1979 U.S. Code
Long and Adm. News, p. 931.
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H 1912 CONGRESSIONAL RECORD - HOUSE
We recognize that U.S. citizens are
not the only victims of anti-American
terrorism. Family members of employ-
ees and foreign nationals working for
the United States abroad are often
caught up In the same violence direct-
ed against their American employers.
For example, 88 Lebanese were killed
or injured In the two bombings of the
American Embassy In Beirut.
The legislation provides compensa-
tion for such individuals who are
killed or disabled as a result of a hos-
tile act directed against the United
States. There Is an offset for any
worker's compensation benefits pro-
vided locally that are funded In whole
or in part by the United States.
I urge my colleagues to join me in
supporting this legislation. The least
we can do for those who have been
taken captive is to make their lives a
tration has argued time and again that
the elderly must pay more for less be-
cause Medicare is swiftly going bank-
rupt.
Yet now we find that It is the admin-
istration's credibility that is going
bankrupt. Last week, the Medicare
trustees reported that the program is
expected to remain solvent far longer
than previously - expected. In fact.
while earlier estimates had projected a
deficit by 1987, the latest estimates do
not anticipate any serious difficulties
until almost the turn of the century.
Now that is good news. No longer is
there justification for depriving our el-
derly citizens of the health care cover-
age they earned through payroll con-
tributions. We should pay serious at-
tention to a long-term program of
overall health care cost controls but
we should forcefully reject the Reagan
April 4, 1985
politics. As a firm believer in the sanc-
tity of the Constitution, I have always
held that the right to keep and bear
arms for self-protection and defense of
the community is inviolable. Yet this
right is continuously under attack
from the gun prohibitionists and an
elite, urban media. These media "eli-
tists," as Professor Tonso calls them.
believe that: guns, especially hand-
guns, are evil in themselves: "all rea-
sonable and Informed Americans want
to do something about the 'gun prob-
lem:- and America is the only
modern, urban, industrial nation with-
out effective "gun control" laws.
These perceptions result In an antigun
bias permeating crime reports or news
connected with firearms.
Although these assumptions held by
the media have been shattered by Im-
peccable research conducted during
the past decade, the American public
has never learned the truth. Scholarly
research has been unable to penetrate
the mass of antigun hysteria devoted
little easier when they are released. budget proposals that would continue
And we should establish permanent to unfairly burden the elderly, who
have already done more than their
law on this subject, so we are not face
d
with politically charged and urgent de- share to save Medicare.
cisions, as we were in 1980.
OILS WELL THAT ENDS WELL
(Mr. DANNEMEYER asked and was
given permission to address the House
for 1 minute and to revise and extend
his remarks.)
Mr. DANNEMEYER. Mr. Speaker-
ODs WSU. 'MAT Exas WELL
Now entrepreneurship is well.
But the state of the Union's not well.
in the guise of "free market."
It's but a fat target
For those who buy short and then sell.
As corporate minions assemble.
The weak-kneed among them may
With management ducking.
The firm's ripe for plucking.
And vultures swoop in to dissemble.
As takeover plots go, it's easy:
The wooing of stockholders-breezy.
It's full speed ahead
'Til the company's bled.
The motive, not method. is sleazy.
Our energy needs notwithstanding.
There's often a lot of grandstanding.
Forget off-shore drilling.
The coffers need filling-.
Reap profits before the crash landing.
So taxpayers wince at their lickin's;
Stockholders get mad as the dickens.
They find none too soon
That the new chief's no Boone.
Just their wallets are ripe for the Pickens.
to the "procontrol" position in the na-
NO REPRESENTATION IN INDI - Hon's media In terms of sheer num-
ANA'S EIGHTH CONGRESSION. hers, Professor Tonso points out that
AL DISTRICT "procontrol information and argu-
(Mr. COBEY asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks and include -extraneous
matter.)
Mr. COBEY. Mr. Speaker. I know
that It has been disturbing to the ma-
jority leadership that we freshmen
continue to come to the well to speak
ments get 37 inches of print to every
anticontrol inch in the print media
and more than 7 minutes to every
minute in the electronic media." Is
there another issue of such impor-
tance that receive such slanted cover-
age?
Had the facts on "gun control" been
reported in the major media, the
to the Rick McIntyre affair in the debate about this subject would by
Indiana Eighth District. But until this now be Closed. Professor Tonso points
injustice Is rectified, we intend to con- specifically to media blindness regard-
tinue to speak out. ing the most comprehensive piece of
I have here before me what is known research yet conducted on this subject:
as a congressional Insert sent to my a 3-year study, - entitled "Weapons,
office by a Prof. William Tonso from Crime and Violence in America A Lit-
the Eighth District of Indiana. A con- erature Review and Research
stituent can request that their Con- Agenda," undertaken through a grant
gressman insert something into the from the Justice Department's Nation-
RECORD such as this material. But Pro- al Institute of Justice. Ironically, Prof.
fessor Tonso has no Congressman to James Wright and Peter Rossi began
make this request. this study accepting the procontrol po-
This is an excellent article on the sition espoused by the media. By the
nature of gun control and crime in time they completed their review and
this Nation. analysis of all existing- research on the
Rick McIntyre was elected to repre. issue, they had backed away from
sent his constituents in the Eighth their earlier positions.
District. He is being denied his right- The facts uncovered by Professors
ful place in this House even though he Wright and Rossi undermine the dis-
holds a certification for this seat. Con- torted assumptions held by the media
sequently the constituents, over half a and the antigun lobby. There is no evi-
million of them, constituents like Prof. dence of a domestic "arms race" in re-
(Mr. WEISS asked and was given William Tonso, are being denied repre- spouse to a fear of crime. Contrary to
permission to address the House for 1 sentation. what has been reported., there is no
minute and to revise and extend his I would like to direct your attention conclusive evidence linking gun owner-
remarks) . to "Calling, the Shots," a recent article ship to crime. Although antigun forces
Mr. WEISS. Mr. Speaker, in Febru- by Prof. William Tonso, sociologist at would have us believe otherwise, there
ary. President Reagan submitted a the University of Evansville, IN. Pro- Is little public support for handgun
budget that continues to shift Medi- f essor Tonso exposes the biased and bans or harsh restrictions on gun own.
care costs onto the backs of the elder- superficial nature of most of the re- ership. Of the 20,000 existing gun laws
ly. There was nothing new about that. Porting concerning "gun control" and In this country. there is little evidence
Devastating Medicare Cuts have been crime in America. The article raises to suggest that any have reduced vio.
ss constant as the changing seasons important questions regarding the lent crime. Finally. these eminent soci-
during the Reagan years. The adminis- debate on a crucial issue In a free sod- ologists, after 3 years of exhaustive re-
ety. search. concluded that: "The Prospects
With "Gun control" Is one of the most for ameliorating the problem of crimi-
.oologta to tvrtr. t?r*r. and Moe. _ hotly contested Issues in American nal violence through stricter controls
01140
MEDICARE IS SOLVENT
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111911
steps at 4 o'clock this afternoon. We NINETY-SECOND DAY OF NO In the past 2 years, three embassies have
can only go forward. REPRESENTATION FOR INDI- been obliterated. 19 U.S. diplomats asaassi-
Led and 59 other have been victims of
na
REINTRODUCTION OF DEFENSE
TARIFFS BILL
(Mr. REGULA asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. REGULA. Mr. Speaker. our
trade deficit with Japan is out of
hand. I continue to hear great tales of
Japanese good Intentions but nothing
AAA 411
changes. blatant disregard for Indiana done to stop the carnage. The Foreign
The fact is that it is no one's fault in a election laws, the Democrats have re- Affairs Committee has been pushing
but our own that the Japanese do not fused to seat Rick Democrats What on the administration for action on pre-
trade fairly with us. We have never earth did the half a million people of venting terrorism. Yet, because terror-
gotten tough. In fact, our military uni- Indiana Eighth do to deserve this? ists strike without warning and in un-
laterally protects their sealanes, insur- They elected a Republican Ina fair predictable ways, there is often little
ing the free flow of Japanese products and complete election. we can do until after the fact.
that flood our markets. The Japanese What do they get in return? No rep- I am introducing legislation today
devote the same attention to sharing resentation. Who do they turn to to which will provide benefits to U.S.
free world defense costs as they dv to represent their views. to fight for Government employees who are taken
fair trade-very little. hometown interests? Who do they captive as a result of their employ-
It is time to stop talking and start turn to for an academy nomination? ment or who suffer from terrorist acts
acting. Today, my colleague, Mr. Who did they turn to last week when against the United States.
RtrsEa, and I are introducing the de- we voted on the MX-a benchmark The legislation picks up from, and
fense tariffs bill. This will give the vote? expands on, the temporary Hostage
President the power to impose tariffs One thing they have received, the Relief Act we passed in 1980. This bill
on imports from Japan. NATO, and people of that district, is a lesson in covers incidents whether they occur in
France to recover the amounts we the arrogance of the Democratic ma- Miami or Teheran. The bill amends
spend on their defense. jority in this House. It is arrogant to title 5, United States Code, to provide
Our aim is to provide the President deny Rick McIntyre his seat on the compensation, health, and educational
with a new and powerful bargaining basis of informal and unsubstantiated benefits to persons who are kidnapped
tool in negotiations with our allies, no-
til
f h
l
challenges. It is arrogant to throw out and c
a
tably . more Japers, equitable allocation of the he an trade election when no fraud has been &I-
costs free leged and no formal contest has been
costs of defending the f free world. t t
i Ind.
ore ana
THE LID ABOUT TO BLOW ON
TRADE DEFICITS
(Mr. HUCKABY asked and was
given permission to address the House
for 1 minute.)
Mr. HUCKABY. Mr. Speaker, I
would like to commend the gentleman
who just appeared in the well. I think
he is right on the mark.
America is at the leading edge o
technology in telecommunications.
That is why Japan is dragging its feet
to open up its market.
We have a tremendous deficit with
the Japanese today. Japan says that
we do not understand their system.
We do not understand what they are
doing.
I would suggest they do not under-
stand us in America. We have been
here for years being beat at the con-
ference table in these trade negotia-
tions, but the kettle has been brewing.
The lid is about to blow off. America is
tired of having Japan's doors closed to
them while our doors are open to
them.
Hopefully, we can make significant
breakthroughs in telecommunications,
not like they did last year on the great
beef deal, where they let in very small
amounts of beef into Japan.
America's rice farmers receive one-
tenth of the amount the Japanese rice
farmer receives for this rice, yet we
are prohibited Srom selling rice in
Japan. It Is time we stood up and got
tough with the Japanese.
ANA'S EIGHTH DISTRICT
(Mr. ROGERS asked and was given terrorist attack.
permission to address the House for 1 And a State Department employee
minute and to revise and extend his recently wrote to me,
remarks.) [Glovernment employees overseas, regard-
Mr. ROGERS. Mr. Speaker, this less of agency and whether they work in
marks the 92d day since Members of Africa. the Middle East, South America, or
this body were sworn into the 99th Paris, are terrorism targets purely because
Congress and the 92d day that the they are Government employees. Carrying a
residents of Indiana's Eighth District diplomatic or official passport can be an
automatic death warrant.
o
filed. It is arrogan sn
laws by setting up a recount under
new rules, all in the name of the same
old goal: Preserving the Democratic
majority here.
If there is a ballot dispute, let us
settle it fairly; but first, let us honor
the obvious outcome and the obvious
wishes of half a million people in Indi-
ana Eight. Let us seat Rick McIntyre.
AMERICAN GOVERNMENT
WORKERS PRIME GAME FOR
TERRORISTS
(Mrs. SCHROEDER asked and was
given permission to address the House
for 1 minute and to revise and extend
her remarks.)
Mrs. `SCHROEDER. Mr. Speaker, It
is sad, horrible fact that people work-
ing for the American Government are
tim
nside
d
rime game
some
p
es w
e
terrorists, political extremists, drug and severity of treatment in determin-
dealers, and kooks. While most of the lug the amount of the cash payment.
recent incidents have been directed A Presidential Commission recom-
against Americans working abroad, mended that the Iranian hostages re-
law enforcement officials in the ceive $12.50 a day for each of their 444
United States have also been targets. days of captivity. This money has
The murder of two AID accountants never been paid.
on a hijacked Kuwaiti plane in Tehe- Fourth, civil lawsuits and judgments
ran last December, and the kidnap and against an individual are put on hold
murder of DEA agent Enrique Camar- while that person is a captive.
ena 6alazar are two of the latest inci- Fifth, educational benefits for a
dents where Americans have been kid- spouse and children are provided, if
naped or killed because they work for the employee Is held captive longer
the U.S. Government. than 90 days. After release. the former
Joseph Reed, writing In the March captive may also be provided with edu-
26, 1985, Wall Street Journal, recites cational benefits under certain circum-
the chilling litany. Stances.
e
t o
os
or held captive as a resu
action directed against the United
States, whether abroad or on Ameri-
can soil. Benefits are provided to em-
ployees and contractors of the Federal
Government, and members of their
families. The bill does not cover mem-
bers of the Armed Forces because they
are covered by other laws.
The bill has the following provisions:
First, where an employee is held as a
captive, his or her pay will be deposit-
ed into an interest-bearing savings
fund.
Second, captives and their families
will receive payment for medical and
health care expenses not covered by
Insurance, including psychological
counseling or other needed care.
Third, the President is directed to
make a cash payment to the individ-
uals taken hostage in Iran on Novem-
ber 4, 1979, as well as to persons taken
captive since that date. The President
may consider the length of captivity
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