LETTER TO CHARLES E. BENNETT FROM CHARLES A. BRIGGS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87M01152R001001230031-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 22, 2016
• Document Release Date: March 16, 2010
• Sequence Number: 31
• Publication Date: May 3, 1985
• Content Type: LETTER

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Central Inteilig!ncr Agency CHROHO
u
OLL 85-1182/1
3 May 1985
The Honorable Charles E. Bennett
Committee on Armed Services
House of Representatives
Washington, D.C. 20515
On behalf of Director Casey, I an responding to your request
for Agency comments on H.R. 271. We appreciate your interest in
the problem of unauthorized disclosure of classified information
and look forward to working with you to find solutions to reduce
this hemorrhaging of our nation's most vital secrets.
As you may know, the Administration is anxious to address
the general issue of leaks of classified information and will do
so in the near future. Specific proposals in this area are
presently under consideration and will require high level
Administration review. Our specific comments on your proposed
legislation must await an Administration decision in this
regard. We will apprise you of the Administration's decision on
this important issue once it is reached.
Again, let me thank you for your thoughtful consideration of
this important problem concerning unauthorized disclosure of
classified information.
Sincerely,
Charles Briggs
Director, Office of Legislativ iaison
Distribution:
Original - Addressee
1 - D/OLL
1 - DD/OLL
1-OGC
1 - Chrmn/SF7COM
1 - Director, O/S
1 - LEG Subject
1 - SWH Signer 1 - ER
1 - OLL Chrono
LEG/OLL pap (3 May 85)
STAT
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litU E
OLL85-1327
3 May 1985
MEMORANDUM FOR: Chief, EPS DDO
DD/PA&E/OP
Associate General Counsel for Administrative
Law/OGC
STAT
FROM: STAT
Deputy Chief, Legislation Division
Office of Legislative Liaison
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.
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
appreciated.
Attachments
as stated
Distribution:
Original - Addressee(s)
OLL Record
1 - LEG:Subject
1 - J11 Signer
LEG/O pap (3 May 85)
STAT
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99TH CONGRESS H
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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1 "?5569. Benefits for captives
2 "(a.) For the purpose of this section-
3 "(1) `captive' means any individual in a captive
4 status commencing while such individual is-
5 "(A) in the civil service, or
6 "(B) a citizen, national, or resident alien of
7 the United States rendering personal service to
8 the United States similar to the service of an indi-
9 vidual in the civil service (other than as a member
10 of the armed forces);
11 "(2) the term `captive status' means a missing
12 status arising because of hostile action directed against
13 the United States, as determined by the President;
14 "(3) `missing status'-
15 "(A) in the case of an employee, has the
16 meaning provided under section 5561(5) of this
17 title; and
18 "(B) in the case of an individual other than
19 an employee, has a similar meaning; and
20 "(4) `family member', as used with respect to a
21 captive, means-
22 "(A) any dependent of such captive; and
23 "(B) any individual (other than a dependent
24 under subparagraph (A)) who is a member of the
25 captive's family or household.
on 2019 I I
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1 "(b)(1) The Secretary of the Treasury shall establish a
2 savings fund to which the head of an agency may allot all or
3 any portion of the pay and allowances of any individual in a
4 captive status to the extent that such pay and allowances are
5 not subject to an allotment under section 5563 of this title or
6 any other provision of law.
7 "(2) Amounts so allotted to the savings fund shall bear
8 interest at a rate which, for any calendar quarter, shall be
9 equal to the average rate paid on United States Treasury
10 bills with 3-month maturities issued during the preceding cal-
11 endar quarter. Such interest shall be compounded quarterly.
12 "(3) Amounts in the savings fund credited to a captive
13 shall be considered as pay and allowances for purposes of
14 section 5563 of this title and shall otherwise be subject to
15 withdrawal under procedures which the Secretary of the
16 Treasury shall establish.
17 "(4) Any interest accruing under this subsection on-
18 "(A) any amount for which an individual is in-
19 debted to the United States under section 5562(c) of
20 this title shall be deemed to be part of the amount due
21 under such section 5562(c); and
22 "(B) any amount referred to in section 5566(f) of
23 this title shall be deemed to be part of such amount for
24 purposes of such section 5566(f).
ORR 2019 IB
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1 "(5) An allotment under this subsection may be made
2 without regard to section 5563(c) of this title.
3 "(c) The head of an agency shall pay (by advancement
4 or reimbursement) any individual who is a captive, or any
5 family member of such individual, for medical and health
6 care, and other expenses related to such care, to the extent
7 that such care-
8 "(1) is incident to such individual being a captive;
9 and
10 "(2) is not covered-
11 "(A) by any Government medical or health
12 program; or
13
"(B) by insurance.
14 "(d)(1) The President shall make a cash payment-
15 "(A) to any individual who was or is in a captive
16 status commencing on or after November 4, 1979, or
17 "(B) in the case of any individual under subpara-
18 graph (A) who died or dies while in a captive status, to
19 the beneficiary or beneficiaries of that individual, as de-
20 termined in the order of precedence under section 5582
21 of this title.
22 "(2) In determining the amount of any payment under
23 this subsection, the President may take into account the
24 treatment received by the individual while in captivity, the
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10
11
13
5
duration of such captivity, and any other factor which the
President considers appropriate.
"(3) A payment under this subsection shall be in addi-
tion to any other amount provided by law.
"(4) The provisions of subchapter VIII of this chapter
(or, in the case of any person not covered by such subchapter,
similar provisions prescribed by the President) shall apply
with respect to any amount due an individual under para-
graph (1)(A) after such individual's death.
"(e)(1) Under regulations prescribed by the President,
the benefits provided by the Soldiers' and Sailors' Civil Relief
Act of 1940, including the benefits provided by section 701 of
such Act but excluding the benefits provided by sections 104,
14 105, 106, 400 through 408, 501 through 512, and 514 of
15
16
such Act, shall be provided in the case of any individual who
is a captive.
17 "(2) In applying such Act under this subsection-
18 "(A) the term `person in the military service' is
19 deemed to include any such captive;
20 "(B) the term `period of military service' is
21 deemed to include the period during which the individ-
22 ual is in a captive status; and
23 "(C) references to the Secretary of the Army, the
24 Secretary of the Navy, the Adjutant General of the
25 Army, the Chief of Naval Personnel, and the Comman-
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dant, United States Marine Corps, are deemed, in the
case of any captive, to be references to an individual
designated for that purpose by the President.
"(f)(1)(A) Under regulations prescribed by the President,
5 the head of an agency shall pay (by advancement or reim-
6 bursement) a spouse or child of a captive for expenses in-
7 curred for subsistence, tuition, fees, supplies, books, and
8 equipment, and other educational expenses, while attending
9 an educational or training institution.
10 "(B) Except as provided in subparagraph (C), payments
11 shall be available under this paragraph for a spouse or child
12 of an individual who is a captive for education or training
13 which occurs-
14 "(i) after that individual has been in captive status
15 for 90 days or more, and
16 "(ii) on or before-
17 "(I) the end of any semester or quarter (as
18 appropriate) which begins before the date on
19 which the captive status of that individual termi-
20 nates, or
21
"(II) if the educational or training institution
22 is not operated on a semester or quarter system,
23 the earlier of the end of any course which began
24 before such date or the end of the 16-week period
25 following that date.
on 2019 m
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1 In order to respond to special circumstances, the appropriate
2 agency head may specify a date for purposes of cessation of
3 assistance under clause (ii) which is later than the date which
4 would otherwise apply under such clause.
5 "(C) In the event a captive dies and the death is inci-
6 dent to that individual being a captive, payments shall be
7 available under this paragraph for a spouse or child of such
8 individual for education or training which occurs after the
9 date of such individual's death.
10 "(D) The preceding provisions of this paragraph shall
11 not apply with respect to any spouse or child who is eligible
12 for assistance under chapter 35 of title 38 or similar assist-
13 ance under any other provision of law.
14 "(2)(A) In order to respond to special circumstances, the
15 head of an agency may pay (by advancement or reimburse-
16 ment) a captive for expenses incurred for subsistence, tuition,
17 fees, supplies, books, and equipment, and other educational
18 expenses, while attending an educational or training
19 institution.
20 "(B) Payments shall be available under this paragraph
21 for a captive for education or training which occurs-
22 "(i) after the termination of that individual's cap-
23 tive status, and
24 "(ii) on or before-
.u 2119 19
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"(I) the end of any semester or quarter (as
2 appropriate) which begins before the date which is
3 10 years after the day on which the captive status
4 of that individual terminates, or
5 "(H) if the educational or training institution
6 is not operated on a semester or quarter system,
7 the earlier of the end of any course which began
8 before such date or the end of the 16-week period
9 following that date, and
10 shall be available only to the extent that such payments are
11 not otherwise authorized by law.
12 "(3) Assistance under this subsection-
13 "(A) shall be discontinued for any individual
14 whose conduct or progress is unsatisfactory under
15 standards consistent with those established pursuant to
16 section 1724 of title 38; and
17 "(B) may not be provided for any individual for a
18 period in excess of 45 months (or the equivalent there-
19 of in other than full-time education or training).
20 "(4) Regulations prescribed to carry out this subsection
21 shall provide that the program under this subsection shall be
22 consistent with the assistance program under chapters 35 and
23 36 oftitle38.
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1 "(g) Except as provided in subsection (d), this section
2 applies with respect to any individual in a captive status com-
3 mencing after January 21, 1981.
4 "(h) Notwithstanding any other provision of this sub-
5 chapter, any determination by the President under subsection
6 (a)(2) or (d) shall be conclusive and shall not be subject to
7 judicial review.
8 "(i) The President may prescribe regulations necessary
9 to administer this section.
10 "?5570. Compensation for disability or death
11 "(a) For the purpose of this section-
12 "(1) `employee' means-
13 "(A) any individual in the civil service; and
14 "(B) any individual rendering personal serv-
15 ice to the United States similar to the service of
16 an individual in the civil service (other than as a
17 member of the armed forces); and
18 "(2) `family member', as used with respect to an
19 employee, means-
20 "(A) any dependent of such employee; and
21 "(B) any individual (other than a dependent
22 under subparagraph (A)) who is a member of the
23 employee's family or household.
24 "(b) The President shall prescribe regulations under
25 which an agency head may pay compensation for the disabil-
?HR 2019 IH
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I ity or death of an employee or a family member of an em-
2 ployee if the disability or death was caused by hostile action
3 directed against the United States, as determined by the
4 President.
5 "(c)(1) Subject to paragraph (2), the regulations shall
6 provide that any compensation provided under this section
7 shall be comparable to compensation provided under chapter
8 81 of this title.
9 "(2) Any compensation otherwise payable to an indiN id-
10 ual under this section in connection with any disability or
11 death shall be reduced by any amounts payable to such indi-
12 vidual under any other program funded in whole or in part by
13 the United States (excluding any amount payable under sec-
14 tion 5569(d) of this title) in connection with such disability or
15 death.
16 "(d) A determination by the President under subsection
17 (b) shall be conclusive and shall not be subject to judicial
18 review.".
19 (b) CONFORMING AMENDMENT.-The analysis for
20 chapter 55 of title 5, United States Code, is amended by
21 inserting after the item relating to section 5568 the follow-
22 ing:
"5569. Benefits for captives.
"5570. Compensation for disability or death.".
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1 SEC. 2. RETENTION OF LEAVE BY ALIEN EMPLOYEES FOL-
2 LOWING INJURY FROM HOSTILE ACTION
3 ABROAD.
4 Section 6325 of title 5, United States Code, is amended
5 by adding at the end thereof the following: "The preceding
6 provisions of this section shall apply in the case of an alien
7 employee referred to in section 6301(2)(viii) of this title with
8 respect to any leave granted to such alien employee under
9 section 6310 of this title.".
10 SEC. 3. EFFECTIVE DATE; TRANSITION PROVISIONS.
11 (a) EFFECTIVE DATE.-The amendments made by this
12 Act shall take effect on October 1, 1985.
13 (b) TRANSITION PROVISIONS.-
14 (1)(A) Amounts may be allotted to the savings
15 fund under subsection (b) of section 5569 of title 5,
16 United States Code (as added by this Act) from pay
17 and allowances for any pay period ending after Janu-
18 ary 21, 1981, and before the establishment of such
19 fund.
20 (B) Interest on amounts so allotted with respect
21 to any such pay period shall be calculated as if the al-
22 lotment had occurred at the end of such pay period.
23 (2) Subsections (c) and (f) of such section 5569 (as
24 so added) shall be carried out with respect to the
25 period after January 21, 1981, and before the effective
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I date of the amendments made by this Act under regu-
2 lations prescribed by the President.
3 (3) For the purpose of this subsection, "pa`l and
4 allowances" has the meaning provided under
5 5561 of title 5, United States Code.
0
section
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 Sanitized Copy Approved
Hostage Relief Act of 1980'.
create a substantive right for judges to accrue
annual leave and be paid for the leave when
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,
thus Claims Court was without jurisdiction to
entertain former superior court
unused annual
seeking lump-sum payment
vacation leave. Alexander v. U.S., 1984, 5 CI.Ct.
57.
Subset. (a) of this section does not affect an
employee's right to holiday pay before his separa-
tion date. 1982, 61 Comp-Gen. 363.
't'his section contemplates an actual separation
from government service and does not oapply to a
vernment
transfer such as resignation from a 8
agency and reemployment in a second govern-
ment agency the following day and consequently a
by
lump sum payment to an employee separated
ap-
the United States Information Agency anus
pointed by the Air Force the next day was ous. 1980, 59 Comp.Gen. 335.
"TITLE 1--SPECIAL
PERSONNEL BENEFITS
"DEFINITIONS
"Sec. 101. For purposes of this title-
?'(1) The term 'American hostage' means any
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 or the United
States (as determined by the Secretary of
State),
is placed in a captive status during the hostage
period, means the
"(2) The term 'hostage period,
period beginning on November 4, 1979, and
ending on the later of-
b
es
if
y
i
,
"(A) the date the President spec
Executive order, as the date on which all
citizens and resident aliens of the United
in a captive status
States who were placed
due to the seizure the United States Em-
bassy in Iran have been returned 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, means--
"(A) any dependent (as defined in section
5561 of title 5, United States Cote) [this
section] of such hostage; and
"(B) any member of the hostage's family
or household (as determined under regula-
tions which the Secretary of State shall pre-
scribe)
"(4) The term 'captive status' means a miss-
ing status arising because of a hostile action
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.
"(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
section 551(2) of title 37, United States Code
{section 551(2) of Title 37, 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 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 sec-
tion 2101 of such title 5 [section 2141 of this
title)-
"PAY AND ALLOWANCES MAY BE AL-
LOTTED TO SPECIAL SAVINGS FUND
"Sec. 102. (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
boatage is in a captive status and which are not
subject to an allotment under 3tio bf this title],
5, United States Code [
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5 ?5551
GOVERNMENT ORGANIZATION 64
1960 Ameadmeat. Subsec. (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.
Effective Date of 1980 Amendment; Applicabil-
Section 402(b) of Pub.L. 96-499 provided
that. "The amendment made by subsection (a)
[amending subset. (a) of this section] shall take
effect on the date of the enactment of this Act
5, 1980] and shall apply to employees sepa-
rating from the service on or after such date."
Leglalarive History. For legislative history and
purpose of Pub.L. 96-499, tee 1980 U.S. Code
Cong. and Adm. News, p 5526.
is, Separation from service
Since D.C. Code ? 11-1505(a), establishing
maximum number of leave days that a judge of
the superior court of the District Columbia
year, does not
may be granted in any P
$ 5561. Definitions
Hostage Relief. Pub.L. 96449, Oct. 14, 1980,
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base- (a) Pub.L. 96-499
of leave used for calculat-
irt was not to be extended
urring after separation.
Amendment Applicabll-
Pub.L 96-499 provided
made by subsection (a)
this section] shall take
c enactment of this Act
apply to employees sepa-
on or after such date."
*or Legislative history and
99, see 1980 U.S. Code
p. 5526.
Decisions
U
vice
11-1505(a), establishing
.se days that a judge of
it District of Columbia
)articular year, does not
,. 96-449, Oct. 14, 1980,
g this note) may be cited
n of 1980'.
-SPECIAL
. BENEFITS
ITIONS
ses of this title-
ican hostage' means any
ervice or the uniformed
9 States, or
sident alien of the Unit-
personal service to the
similar to the service of
mployee of the United
d by the Secretary of
age period' means the
ovember 4, 1979, and
President specifies, by
the date on which all
t aliens of the United
ced in a captive status
the United States Em-
en returned to the Unit-
e accounted for, or
183.
iy member', when used
erican hostage, means-
it (as defined in section
iced States Code) [this
ige; and
of the hostage's family
[ermined under regula-
create a substantive right for judges to accrue
annual leave and be paid for the leave when
employer leaves government service, that section
and subsec. (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 C1.Ct.
57.
Subsec. (a) of this section does not affect an
employee's right to holiday pay before his separa-
tion date. 1982, 61 Comp.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-
ous. 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 action
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.
"(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];
"(11) in the case of members of the uni-
formed services, has the meaning given it in
section 551(2) of title 37, United States Code
{section 551(2) of Title 37, 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 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 sec-
tion 2101 of such title 5 [section 2101 of this
title).
"PAY AND ALLOWANCES MAY BE AL-
LOTTED TO SPECIAL SAVINGS FUND
"Sec. 102. (a) The Secretary of the Treasury
shall establish a ravings 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
bostage is in a captive status and which are not
subject to an allotment under section 5563 of title
5, United States Code [section 5563 of this title],
under section 553 of title 37, United States Code
[section 553 of Title 37], or under any other
provision of law.
"(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 throe-month
maturities issued during the preceding calendar
quarter. Such interest shall be compounded quar-
terly.
"(e) 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 shall 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 other expenses related to such care, to
the extent such care-
"(1) is incident to that individual being an
American hostage. and
"(2) is not covered by insurance.
"EDUCATION AND TRAINING
"Sec. 104, (a)(1) .Under regulations pre-
scribed by the President, the head of an agency
shall pay (by advancement or reimbursement) a
spouse or child of an American hostage for ex-
penses 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
a 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
"(B) on or before-
"M the end of any semester or quarter (as
..appropriate) which begins before the date on
which the hostage ceases to be in a captive
status, or
"(1i) 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 and of
the twelve-week period following that data
In order to respond to special circumstances,-the
President may specify a date for purposes of
5 ?556k
caution of assistance under subparagraph (B)
which is 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.
"(4) 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].
"(b)(1) In order to respond to special circum-
stances, the head of an agency may, under regula-
tions prescribed by the President, pay (by ad-
vancement or reimbursement) an American hos-
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-
"(A) after the termination of such hostage's
captive status, and
"(B) on or before-
"(I) 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).
"(e) 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
"Sec. 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.S.C.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 U.S.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, $15, 516, S40 through 548, 561 through 572,
 and 574) (sections 514, 515, 516. S40 through 548,
561 through 572, and 574 of Title 50 App.)
"(b) In applying such Act for purposes of this
section-
"(1) the term 'person in the military service'
is deemed to include any such American hos-
tage,
'Y2) 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 State.
'Ye) The preceding provisions of this section
shall not apply with respect to any American
hostage covered by such provisions of the Soldiers'
and Sailors' Civil Relief Act of 1940 [section 501
et seq. of Title 50 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 provisions of this
title shall take effect as of November 4, 1979.
"TITLE 11-TAX PROVISIONS
"Sec. 201. Compensation excluded from gross
income.
"For purposes of the Internal Revenue Code of
1954 [section 1 et seq. of Title 261, 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. 202. Income taxes of hostages where
death results from captive status.
"(a) General rule.-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--
-w any tax imposed by subtitle A of the
Internal Revenue Code of 1954 (section I at
seq. of Title 26) shall not apply with respect
to-
"(A) the taxable year in which falls the
date of such individual's death, or
"(B) any prior taxable year ending on or
after the first day such individual was in
captive status, and
"(2) any tax imposed under such subtitle A
{section I et seq. of Title 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,
and additional amounts)-
"(A) shall not be assessed.
"(B) if assessed, the assessment shall be
abated, and
"(c) if collected, shall be credited or re-
funded as an overpayment.
"(b) Death must occur within 2 years of cessa-
tion of captive status.-This section shall not
apply unless the death of the individual occurs
within 2 years after such individual ceases to be in
captive status.
"See. 203. Spouse may file Joint return.
"w General rule.-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 261 for any
taxable year-
"(I) 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 rules made applicable.-For pur-
poses of subsection (a), paragraphs (2) and (4) of
section 6013(f) of such Code [section 6013(f)(2)
and (4) of Title 26) (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)( I) of Title
26).
"Sec. 204. Time for performing certain acts
postponed by reason of captive status.
"(a) General rule.-In the case of any individu-
al who 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
status), 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 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 begin-
ning more than 2 years after the date on which
the hostage period ends.
"(0 Section 7508(d) made applicable.-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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'GOVERNMENT ORGANIZATION 66 1 67 GOVERNMENT UKUAN1ZATIVIN
6, 540 through 548, preceding those specified in paragraph (1)
of Title 50 App.) which is unpaid at the date of such individual's
or purposes of this death (including interest, additions to the tax,
and additional amounts)-
"(A) shall not be assessed,
military service' is
I during which such
captive atus; and
'etary of the Army,
he Adjutant Gener-
if Naval Personnel,
ited States Marine
reacts to the Secre-
xis of this section
to any American
ions of the Soldiers'
f 1940 [section 501
Cason of being in the
Y TO
STAGE
g the requirements
of this title, Rich-
tington, who, as a
reld captive in Co-
bout February 10,
-red to be an Amer-
r status on Novem-
)ATE
provisions of this
'ovember 4, 1979.
tl Revenue Code of
itle 26], the gross
was at any time an
elude compensation
,ed for any month
h individual was-
abated, and
"(e) if collected, shall be credited or re-
funded as an overpayment.
"(b) Death host occur within 2 years of ceasa-
tion of captive status.-This section shall not
apply unless the death of the individual occurs
within 2 years after such individual ceases to be in
captive status.
"Sec. 203. Spouse may file joint return.
"(a) General rile,-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(s) 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 rules trade appliable.-For pur-
poses of subsection (a), paragraphs (2) and (4) of
section 6013(f) of such Code [section 6013(f (2)
and (4) of Title 26] (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)(l) of Title
26].
"Sec. 204. Time for performing certain acts
postponed by reason of captive status.
"(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 hospitalized as a result of captive
status), 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-
f -ostages
m.
axe of an individual
erican hostage and
)r disease or physi-
.red or aggravated
aptive status-
subtitle A of the
1954 [section l et
apply with respect
in which falls the
ieath, or
year ending on or
individual was in
paragraph (I) of section 7508(a) of the Internal
Revenue Code of 1954 [section 7508(axl) 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 begin-
ning more than 2 years after the date on which
the hostage period ends.
"(c) Section 75(18(d) made applicable.-Subsec-
tion (d) of section 7508 of the Internal Revenue
Code of 1954 [section 7508(d) of Title 261 shall
apply to subsection (a) in the same manner as if
the benefits of subsection (a) were provided by
fen such subtitle A subsection (a) Of such section 7508 [section
i] for taxable years 7508(x) of Title 26].
"Sec. 205. Deflattioas and special rules.
"(a) Amerlaa boetage.-For purposes of this
title, the term 'American hostage' means any indi-
vidual who, while-
"(1) in the civil service or the uniformed
services of the United States, or
"(2) a citizen or resident alien of the United
Stites 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 captive status during the hostage
period. W
"(b) Hostage period.-For purposes of this ti-
tle, the term 'hostage period' means the period
beginning on November 4, 1979, and ending on
whichever of the following dates is the earlier:
"(1) the date the President specifies, by Exec-
utive 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 Embassy in Iran
have been returned to the United States or
otherwise accounted for, or
"(2) December 31, 1981.
"(c) Captive status.-For purposes of this ti-
tle-
"(1) In general.-The term 'captive status'
means a missing status arising because of a hostile
action 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.
"(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 371, 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 States
Code [par. (2) of this section].
"(d) Hospitalized as a result of captive sta-
tus -
"(I) In general.-For purposes of this title,
an individual shall be treated as hospitalized as
a result of 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
(I) only if it is hospitalization-
"(A) occurring on or before the day which
is 2 years after the date on which the individ-
ual's captive status ends (or, if earlier, the
date on which the hostage period ends), or
5 ?5561
"(B) which is part of a continuous period
of hospitalization which began on or before
the day determined under subparagraph (A)
"(el Civil service; uniformed services.-For
purposes of this section, the terms 'civil service'
and 'uniformed services' have the meanings given
to such terms by section 2101 of title 5, United
States Code [section 2101 of this title).
"(f) Application of title to all Tehran hostages.
-In the case of any citizen or resident alien of the
United States who is determined by the Secretary
of State to have been held hostage in Tehran at
any time during November 1979, for purposes of
this title-
"(1) such individual shall be treated as an
American hostage whether or not such individ-
ual meets the requirements of paragraph (1) or
(2) of subsection (a), and
"(h) if such individual was not in the civil
service or the uniformed services of the United
States-
"(A) section 201 shall be applied by substi-
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 V of
the Executive Schedule
"(g) Application of Title to individual held cap-
tive in Colombia.-For purposes of this title.
Richard Starr 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, 1979, and ending on February 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 3401 et seq. of Title 26].
"Sec. 206. Study of tax treatment of hostages.
"(a) 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 Stafr of the Joint
Committee on Taxation shall, before July 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 III-TREATMENT OF THE
HOSTAGES IN IRAN
"VISITS BY THE INTERNATIONAL
RED CROSS
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5 ? 5561 GOVERNMENT ORGANIZATION 68
"(1) the continued illegal and unjustified de-
tention of the American hostages by the
Government of Iran has resulted in the deteno-
ration of relations between the United States
and Iran; and
"(2) the protracted length and the conditions
of their confinement have reportedly endan-
gered the physical and mental well-being of the
hostages.
"(b) Therefore, it is the sense of the Congress
that the President should make a formal request
of the International Committee of the Red Cross
to-
*11) make regular and periodic visits to the
American hostages being held in Iran for the
purpose of determining whether the hostages
are being treated in a humane and decent man-
ner and whether they are receiving proper
medical attention,
"(2) urge other countries to solicit the cool-
eration of the Government of Iran in the visits
to the hostages by the International Committee
of the Red Cross; and
"(3) report to the United States its findings
after each such visit"
Release of American Hostages is Irn. For
Executive Order provisions relating to the release
of the American hostages in Iran, am EX-Ord
Nos. 12276 to 12285, Jan. 19, 1981, 46 F.R. 7913
to 7932, set out as notes under section 1701 of
Title 50, War and National Defense.
EXECUTIVE ORDER NO. 12268
Jan. 15, 1981, 46 F.R. 4671
IMPLEMENTATION OF HOSTAGE RELIEF ACT OF 1980
Relief Act of 1980 (5 U.S.C. 5561 note) [set out as
a note under this section] are delegated to the
Secretary of State.
1-102. The Secretary of State shall 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].
By the authority vested in me as President by
the Constitution and statutes of the United States
of America, including the Hostage Relief Act of
1980 (Public Law 96.449; 94 Stat. 1%7; U.S.C.
5561 note) [set out as a note under this section]
and Section 301 of Title 3 of 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, 104, 105 and 301 of the Hostage
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 of otherwise accounted for, and
the United States of America by sections der foreign control.
101(2XA) and 205 1 of the Hostage Relief Act
of 1980 (Pub sc w`96-449, 94 Stat. 1967, 1972;
5 U.S.C. 5561 note) (the "Hostage Act") [set out
as a note under this section], it is hereby ordered,
for the purposes of these sections of the Hostage
Act, that January 11, 1981, is specified 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 Embassy in
Iran have been returned to the United States or
Cross References
Limitation on aggregate period for which assist-
ance may be received under the Hostage Relief
Act of 1980 and other provisions of law, see
section 1795 of Title 38, Veterans' Benefits.
Restriction on concurrent receipt of benefits
under the Hostage Relief Act of 1980 and other
provisions of law for pursuit of the same educa-
tion program, see section 1781 of Title 38.
Code of Federal Regulations
General provisions, see 32 CFR 718.1.
? 5562. Pay and allowances; continuance while in a missing status; limitations
Legislative History. For legislative history and
purpose of Pub.L. 96-54, am 1979 U.S. Code
Cong. and Adm. News, p. 931.
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April 4, 1985
CONGRESSIONAL 'RECORD - HOUSE
steps at 4 o'clock this afternoon. We
can only go forward.
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
changes.
The fact is that it is no one's fault
but our own that the Japanese do not
trade fairly with us. We have never
gotten tough. In fact, our military uni-
laterally protects their sealanes, insur-
ing the free flow of Japanese products
that flood our markets. The Japanese
devote the same attention to sharing
free world defense costs as they da to
fair trade-very little.
it is time to stop talking and start
acting. Today, my colleague, Mr.
RITTER, and I are introducing the de-
fense tariffs bill. This will give the
President the power to impose tariffs
on imports from Japan, NATO. and
France to recover the amounts we
spend on their defense.
Our aim is to provide the President
with a new and powerful bargaining
tool in negotiations with our allies, no-
tably Japan, to arrive at fair trade and
a more equitable allocation of the
.costs of defending the free world.
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 of
technology in telecommunications.
That is why Japan is dragging its feet
to open up its market.
We have 4 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 from selling rice in
Japan. It is time we stood up and got
tough with the Japanese.
NINETY-SECOND DAY OF NO
REPRESENTATION FOR INDI-
ANA'S EIGHTH DISTRICT
(Mr. ROGERS asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. ROGERS. Mr. Speaker, this
marks the 92d day since Members of
this body were sworn into the 99th
Congress and the 92d day that the
residents of Indiana's Eighth District
have been without representation here
in this body.
In a blatant disregard for Indiana
election laws, the Democrats have re-
fused to seat Rick McIntyre. What on
earth did the half a million people of
Indiana Eighth do to deserve this?
They elected a Republican in a fair
and complete election.
What do they get in return? No rep-
resentation. Who do they turn to to
represent their views, to fight for
hometown interests? Who do they
turn to for an academy nomination?
Who did they turn to last week when
we voted on the MX-a benchmark
vote?
One thing they have received, the
people of that district, is a lesson in
the arrogance of the Democratic ma-
jority in this House. It is arrogant to
deny Rick McIntyre his seat on the
basis of informal and unsubstantiated
challenges. It is arrogant to throw out
an election when no fraud has been al-
leged and no formal contest has been
filed. It is arrogant to ignore Indiana
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
sometimes considered prime game for
terrorists, political extremists, drug
dealers, and kooks. While most of the
recent incidents have been directed
against Americans working abroad,
law enforcement officials in the
United States have also been targets.
The murder of two AID accountants
on a.hijacked Kuwaiti plane in Tehe-
ran last December, and the kidnap and
murder of DEA agent Enrique Camar-
ena Salazar are two of the latest inci-
dents where Americans have been kid-
naped or killed because they work for
the U.S. Government.
Joseph Reed, writing in the March
26, 1985, Wall Street Journal, recites
the chilling litany:
111911
In the past 2 years, three embassies have
been obliterated, 19 U.S. diplomats assassi-
nated, and 59 other have been victims of
terrorist attack.
And a State Department employee
recently wrote to me,
(G)overnment employees overseas, regard-
less of agency and whether they work in
Africa, the Middle East, South America, or
Paris, are terrorism targets purely because
they are Government employees. Carrying a
diplomatic or official passport can be an
automatic death warrant.
We know that something has to be
done to stop the carnage. The Foreign
Affairs Committee has been pushing
the administration for action on pre-
venting terrorism. Yet, because terror-
ists strike without warning and in un-
predictable ways, there is often little
we can do until after the fact.
I am introducing legislation today
which will provide benefits 'to U.S.
Government employees who are taken
captive as a result of their employ-
ment or who suffer from terrorist acts
against the United States.
The legislation picks up from, and
expands on, the temporary Hostage
Relief Act we passed in 1980. This bill
covers incidents whether they occur in
Miami or Teheran. The bill amends
title 5, United States Code, to provide
compensation, health, and educational
benefits to persons who are kidnapped
or held captive as a result of hostile
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
and severity of treatment in determin-
ing the amount of the cash payment.
A Presidential Commission recom-
mended that the Iranian hostages re-
ceive $12.50 a day for each of their 444
days of captivity. This money has
never been paid.
Fourth, civil lawsuits and judgments
against an individual are put on hold
while that person is a captive.
Fifth, educational benefits for a
spouse and children are provided, if
the employee is held captive longer
than 90 days. After release, the former
captive may also be provided with edu-
cational benefits under certain circum-
stances.
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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
little easier when they are released.
And we should establish permanent
law on this subject, so we are not faced
with politically charged and urgent de-1 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-
OILs Want THAT ENDS 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 tremble.
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.
^ 1140
MEDICARE IS SOLVENT
(Mr. WEISS asked and was given
permission to address the House for 1
minute and to revise and extend his
remarks.)
Mr. WEISS. Mr. Speaker, in Febru-
ary, President Reagan submitted a
budget that continues to shift Medi-
care costs onto the backs of the elder-
ly, There was nothing new about that.
Devastating Medicare cuts have been
As constant as the changing seasons
during the Reagan years. The adminis-
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
to the "procontrol" position in the na-
tion's media. In terms of sheer num-
bers, Professor Tonso points out that
"procontrol information and argu-
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
debate about this subject would by
now be closed. Professor Tonso points
specifically to media blindness regard-
ing the most comprehensive piece of
research yet conducted on this subject:
a 3-year study, - entitled "Weapons,
Crime and Violence in America: A Lit-
erature Review and Research
Agenda," undertaken through a grant
from the Justice Department's Nation-
al Institute of Justice, Ironically, Prof.
James Wright and Peter Rossi began
this study accepting the procontrol po-
sition espoused by the media. By the
time they completed their review and
analysis of all existing research on the
issue, they had backed away from
their earlier positions.
The facts uncovered by Professors
Wright and Rossi undermine the dis-
torted assumptions held by the media
and the antigun lobby. There is no evi-
dence of a domestic "arms race" in re-
sponse to a fear of crime. Contrary to
what has been reported, there is no
conclusive evidence linking gun owner-
ship to crime. Although antigun forces
would have us believe otherwise, there
is little public support for handgun
bans or harsh restrictions on gun own-
ership. Of the 20,000 existing gun laws
in this country, there is little evidence
to suggest that any have reduced vio-
lent crime. Finally, these eminent soci-
ologists, after 3 years of exhaustive re-
search, concluded that: "The prospects
for ameliorating the problem of crimi-
nal violence through stricter controls
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 ig 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
budget proposals that would continue
to unfairly burden the elderly, who
have already done more than their
NO REPRESENTATION IN INDI- '
ANA'S EIGHTH CONGRESSION-
AL DISTRICT
(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
to the Rick McIntyre affair in the
Indiana Eighth District. But until this
injustice Is rectified, we intend to con-
tinue to speak out.
I have here before me what is known
as a congressional insert sent to my
office by a Prof. William Tonso from
the Eighth District of Indiana. A con-
stituent can request that their Con-
gressman insert something into the
RECORD such as this material. But Pro-
fessor Tonso has no Congressman to
make this request.
This is an excellent article on the
nature of gun control and crime in
this Nation.
Rick McIntyre was elected to repre-
sent his constituents in the Eighth
District. He is being denied his right-
ful place in this House even though he
holds a certification for this seat. Con-
sequently the constituents, over half a
million of them, constituents like Prof.
William Tonso, are being denied repre-
sentation.
I would like to direct your attention
to "Calling the Shots," a recent article
by Prof. William Tonso, sociologist at
the University of Evansville, IN. Pro-
fessor Tonso exposes the biased and
superficial nature of most of the re-
porting concerning "gun control" and
crime in America. The article raises
important questions regarding the
debate on a crucial issue in a free soci-
ety.
"Gun control" is one of the most
hotly contested issues in American
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