DIPLOMATIC SECURITY AND ANTITERRORISM ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00297R000300630005-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 55
• Document Creation Date: December 23, 2016
• Document Release Date: December 2, 2011
• Sequence Number: 5
• Publication Date: June 25, 1986
• Content Type: MISC

I _
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June 25, 1986
CONGRESSIONAL RECORD ; SENATE
Mr. President, I ssk unanimous con-
sent that a copy of a letter to Senator
Doss be placed in the RscORD.
There being no objection, the letter
was ordered to be printed in the
RECORD, aS follows:
U.S. Sstverc,
Washington, DC, June 4, 1986.
Hon. Rosaar Dol.g,
Mgjorily Leader, U.S. Senate,
Washington, DC
D~-a Bos: Oklahoma farmers are going to
be Put in a real bind unless Congress takes
immediate action to fund the Commodity
Credit Corporatton. Today, the Commodity
Credit Corporation (CCC), which funds gov-
ernment farm programs, ran out of money.
As you know, the Senate has included 15.3
billion to fund the CCC in its supplemental
appropriations bill. However, the House in-
cluded no additional funding In its supple-
mental spending bill. As you may recall, an
indefinite CCC appropriation requested by
the Reagan Administration passed the
Senate but was dropped In conference with
the House. Such a measure would have pre-
vented the need for periodic CCC supple?
mental approPriatlona
IL is Congress' responsibility to compen-
sate the CCC for losses incurred beyond !ts
!25 billion spending authority. On behalf of
agriculture producers in Oklahoma and
Chroueh the Hatton. I strongly urge your as-
sistance and that of our.coLeagues !n ob-
taining approval of the necessary CCC fund-
ing.
DON NICHLffi,
U.S. Senator.
Mr. NICKLES. Mr. President, it is
the responsibility of Congress to com-
pensate the CCC for losses. It Con-
gress is to fulfill its obligation to the
farmers of America, the ~ House and
Senate must stay in session until the
necessary CCC funding is passed and
signed into law. This reminds me of a
time last summer when I warned that
unless Congress completed action on
the wheat, section of the farm bill,
Oklahoma farmers would be. unable to-
make planting decisions based on pro?
gram details. Farmers lost that round.
Mr..President, how many times will
congressional inaction result in a loss
?to the farmers of America? How often
will Congress rebuff the Nation's No. 1
industry?
Some of the PresIdent's advisers,
have expressed opposition to provi-
sions other than the CCC funding in
the appropriations bill. I have asked
several of my colleagues to join me in
a letter to the President urging timely
approval of legislation eontainiltg the
necessary CCC funding. Mr. President,
I ask unanimous consent that a wpq
of this letter be printed in the RscoRD
There being no objection; the letter
was .ordered Lo be printed in the
RscoRn, as follows:
' 17.8. Ssxera, _ ..
? Washington, DC, June 21, 1988.
Hon.. Roxnlo Ranonx,
President aI the United .States, The White
House, Washington, DC.
Ds~a MR. Passmserr: Boon, Congress may
send you s supplemental appropriations bill
containing sorely needed. Commodity Credit
Corporation (CCC) funding. ADDroval of
this legislation will ,allow resumption . of
farm program Dayments, which have been
IAtst December, you aDProved legislation
authorizing five years of farm pi'ogratns.
How, farmers are harveattng the first crop
under the new law and are unable to receive
program benefits. Mr. President, they want
and need Lo be paid. To a great extient, the
existence of rural families and cominunitiea
hinges on timely farm program funding.
Your advisers may urge you to veto the
appropriations bill over a separate provision
they find ob)ectionable. If ao, we urge you
to act independently, considering a cost too
often lost to bllllon dollar budget figurea-
the human costa the American people will
pay if farm Drograms remain unfunded.
With this in mind. we strongly urge you to
approve legislation containing the necessary
farm program funding. Your consideration
of this request 1s greatly appreciated:
Dols NICKLEa,
U.S. Seiealot:
Mr. NICKI.ES. Today, we ~ must
move on farm program funding legisla-
tion so local ASCS offices can deliver
on the promises made by Congress. A
letter I recently received from an
Oklahoma constituent clearly ~ states
the problem at hand. I ask unanimous
consent that the letter from E.O.
Wheeler with Wheeler Bros. Grain Co.
be printed in the RECORD following my
remarks and I urge my colleagues to
There being no objection, the letter
was ordered to be printed in the
RECORD, as follows? ~
[Mallgram]
Wxr.~t Baos. Gans Co.,
WatonDa, OX, June 21, X1986
Son. Dox NICIU.as,
U.S. Senate, Washington, DC.
Daea SIa: The Oklahoma wheat harvest >s
nearly complete. Our farmers need' to be
able to receive the Government loan pay-
ments. Many farmers have land payments
aad,ather bills due July 1st. We verystrong-
ly urge you to do whatever it takes~to see
that.the local ASCB offices can start writing
checks as soon as. possible.
sincerely,
E.O. W~
CONCLUSION.OF MORNING
? BIISINESS I.
The PRESIDING OFFICER. Morn-
ing business )s closed.
LEGISLATIVE SESSION
Mr. DOLE. Mr, President, I ask
unanimous consent that the Senate
resume legislative session.
? The PRESIDING OFFICER. -With-
out objection, it is so ordered.
? -DIPLOMATIC SECIIRITY AND
?
ANTITERRORISM ACT -i
Mr. ' ~ DOLE. Mr. President, I ask
unanimous consent that the.:Senate
now turn to Calendar-Order No! 8bb,
H.R- 4151, the diplomatic security bill.
The managers ale here and prepared
to~go. -. i
S 8403
A bill (H.R. 4153) to provide enhanced dtp-
lomatlc security and combat international
terrorlstn, and for other purposes.
The PRESIDING OFFICER. Is
there objection to the request of the
.Senator from 8ansas?
There being no objection, the Senate
proceeded to consider the bill which
had been reported from the Commit-
tee on Foreign Relations, with an
:amendment to strike out all after the
.enacting clause, and insert the follow-
ing:
S6tT/ON L SBORr Tfr7.&
This Act may be cited as the 'Diplomatic
Security and Antiterrorism Act 411988':
8BG L TABLE' OF CON7EN7S
The table of contents of this Act u as Jol-
louw:
Sea 1. Short title.
Sea 2. Table 41 contents.
TITLE I-DIPLOMATIC SECURITY
Sea 101. Short title.
Sea 102. Findings and purposes.
Sea 103. Responsibility of the Secretary of
State.
Sea 104. Bureau oJDiplomatie Security,
Sea 105. Responsibilities qJ the Assistant
Secretary Jor Diplomatic Secu-
rity.
Sea 106 Cooperation o> other Fedemi aped=
ties.
TITLE II-DIPLOMATIC SECURITY
SERVICE
Sea 201. Establishment 41 Diplomatic Seca-.
city Service.
Sec 202. Director 41 Diplomatic Security
Service.
Sea 20J Positions in the Diplomatic Seeuri-
ty Service.
TITLE 111-PERFORMANCE AND
ACCOUNTABILITY_
Sec 301. Accountability review.
sea 302. Accountability Review Board.
Sea 303. Pr+oeedures.
Sea 304. Findinya and r+ecommendationd by
a Board.
Sea 305. Relation to other proceedings. ._
.TITLE IV-DIPLOMATIC SECURITY
PROGRAM
Sea 101. Authotizationa ql appropriations.
Sec 102. Diplomatic construction propmm.
Sea 103 QualUYeationa of persona hired Jor
the diplomatic corutrtiction
program.
Sea 101. Coat overruns.
Sec 405. FJJiciency in contraetinp.
Sea 408. Training . to improve perimeter se-
eurtty at United states diplo-
matic missions abroad
Sea 107. Certain protective Junctions
Sea 108. Reimbursement 41 the Department
41 the Treasury.
TITLE V=STATE DEPARTMENT AU-
TIYORITIES TO COMBAT INTERNA-
TIONAL TERRORISM
Sea '501. Rewards Jor irUormation relating
to . international? narroterror-
lam and drop trn,~ickiny.
Sec 502. Counterterrorism Pmteetion Fund.
Sea 503 Authority to control certain terror-
. tam-related services.
Sea B91. Short.title. .
Sec .802. "FeUoroahtP program Jor tempoi!ary
-. service at United States mis-
.. -aiona in tht Soviet Union and
~Eaitern Europe. . .
Sea 893 Fellowship Board.
Sea 801. Fellowships
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S 8404
Sec 605. Secretary of State.
TITLE Vll-!lrSCSLLANEOUS
PRDVISlONS
CONGRESSIONAL RECORD ~ SENATE
Stc. 701. Peace Corps authorization Ql aP-
Propriations
TITLE 1-DIPLOMATIC SECURITY
sst: ?I. seoRT Ttrta
Titlo I th-ouph !Y of Chia act may be cited
as ll~e 'Diplomatic Security Act':
S8C /at rINDINCS AND PUlPOBBS
la/ FINDINas:-The Gbnprest Jirzdt and de-
clares thal-
l1/ the United States has a crucial stake in
llte presence o! United States Government
personnel repseaentinp United Starts inter-
esta abroad;
121 aonditiona eoril'roatinp United States
Government peraonnei and mirrtoru abroad
are fraught with security coacerrLr which
urill continue Jor the foreseeable future; and
l3l the resources nom available to counter
acts of terrorism and Protect sad secure
United States Government personnel and
missions abroad, as ~ve11 as Jor+efgn olJieials
and missions in the United States, are inad-
equate to meet the mounting thstat to such
ptrsonnel and facilities.
Ib1 PURPOSES.-The purposes of titles I
throupt IV arse--
l1/ to set forth the responsibility of the
Secretary of State with respect to the securi-
ty of diplomatic operations is the United
States and abroad;
121 to provide for an Assistant Secretary of
State to head the Bureau al Diplomatic Se-
curity of the Department Ql Stag and to set
forth certain provisions nelatinp to the Dip-
lomatic Security Service N the Department
of Slate;
IJ/ to maximize ooondinatiorz by flit De-
partment of Stale urith Federal. Slate, and
local apencits sad a0tnciea aJlbr+eipn pov-
trnmenta in order to enhance security Pro-
pram
l4/ to promote atr+eupthened security meas-
ur+es and to provide for the accountability uJ
United States Government personnel with
security-related reaporuibilities: sad
I5/ to provide authorizations Qf appro-
priations for the Department of State to
carry out its reaporiaibilttiPa in the area of
security and countesterrortam, and in par-
ticular to finance the acquisition and im-
provements of ifnited States Government
missions abroad, tacludirzp real Property,
buildings, facilities, and commuaicationa,
{+lformation. and aeearitp systems.
SdG /aR RB3I+DN9lBIl1T1 OP TAB tiBCRBTARY OF
la/ SECURITY FuNCTIOEB.=Tht Secretary of
State shall develop and implement tin con-
saltatiou with tht heads of other Federal
apeneiea haviap personnel or missions
abroad uV(ert appropriate and within the
scope of the resouscer made available! poli-
cies sad propaam; including funding levels
and standards, to provide for the security of
United States Governmest operations 4f a
diplomatic nature sad Joreigra povernmerrt
operations of a diplomatic nature in the
United States. Such policies and Programs
shall inciude-
I1/ protection Qf all United States Govern-
ment personnel on official duly abroad
/other than those personnel under the com-
mand of a United States area military com-
mander/ and their accompanying deperzd-
ents;
121 establishment and operation al seeurt-
tv J4(netiona at all United .States Govern-
' n~ent wtisstoru abroad !other than facilities
or' iwstalladows mldect to the control a! a
p
,
e
n
appo
n
ed by the Dfrector of
United States area mil5itary corrananderl; to the Secretary ia. the exercise N the dole- Central Inleltipence. The Secr+ctary a! State
131 establishment and operation of aecurt- gated operational control. ~ shall designate the Chairperson q/ the
tv Junctions at all Department ql State fa- r Ibl OTHER AGENClss.-The Pr+esident~ shall Board. Members of the Board mho are not
cilitiea to the United States; and 1 prescribe sYCh r+epulattons as may be s families are the clearest symbols of lotion has several key components:
their duties under this title, may be allowed AmeriCAn interests overseas and ~ are, It authorizes a total of
travel espertaes, including per diem in lieu therefore, prime targets for interns- 81,10?,821,000 in supplemental funds
o! subsistence, to the same manner as per- tional terrorists. I for fiscal years 1986 and 1987.
sons employed intermittency in the Govern- I think it is partieulaziy important It establishes within the Depart-
ment service are auowed expenses under sec- meet of State a Bureau of Di
lion 570.4 N tine S o1 the United States Code. to point out that, while most people plomatic
sac. ssi. PBtt.owsxiPS associate American missions abroad Security to be headed by an Assistant
lal tVUMBER.-Up to 100 fellowships may be with the Department of State, in I fact Secretary with overall authority, t0
provided ender this true each year. more than 70 percent of the personnel manage the .worldwide Security Pro-
Ib/ REMUNERA770N AND ParuOD.-The Board of the average Embassy are employed gram.
ahau determine, taking into considesation by other U.S. Government agencies. It establishes a Diplomatic Security
the position in which each Fellow will serve About 30 II.S. Government agencies Service as a professional career path
and his or her experience and expertise- have employees overseas representing in the Department of State.
Ill the amount oI remuneration the Fellow American foreign policy interests, Cana- It establishes an Accountability
urill receive Jor his or her service under this
tttl~ and lyzing international economic develop- Review Board to investigate breaches
12/ the period oI the leuowshtp, mhtch meets, promoting the export of Alneri- of security where there are inturies,
ahaU be between one ana two years. can products and services, and serving loss of life or serious destruction of
Icl TRAINING.-Each Fe11om may be given in g wide range of other duties. ~ property.
appropriate training at the Foseign Service The U.S. Government has about The bill also contains strong prefer-
Inatitute or other appropriate institution.
Id/ HousiNa AND TRANSPORTATION.-The 17,000 Americans serving overseas in ence for the use of American compa-
secretary NState shalt, pursuant to regula- diplomatic missions and another ap- nies in the construction protects and it
lions- proximately 31,000 foreign nationals. bars from these protects any company
? Ill Provide houaittD Jor each Fellow while These numbers do not include person- doing business with the .Government
the Fellow is serving abroad including eel sit military bases who are not in- of Libya.
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CONGRESSIONAL RECORD ~ SENATE
The committee considered numerous
pieces of legislation dealing with the
broader issue of terrorism. Three sec-
tions were included in the bill that
avere contained in the House-passed
measure with slight modifications.
One section adds a new provision to
the current terrorism rewards-for-in-
formation fund to permit. rewards
leading to the arrest and prosecution
of major narcotics offenders for nar-
cotics-related offenses committed over-
seas. Included In these offenses are
the killing or kidnaping, or the at-
tempted killing or kidnaping, of U.S.
personnel and their families because
of their connection to U.S. enforce-
ment and contml programs. An addi-
tional 55 million is authorized for the
rewards-for-information program for
1987.
A second terrorism-related section
permits the Secretary of State to regu-
late the provision of technical services
to the law enforcement or security
forces of countries defined as support-
ers of terrorism under the terms of
the Export Administration Act. This
provision narrows an original adminis-
tration proposal which arose out of
the Wilson-Terpil case and created
some controversy by its vague defini-
tion of supporters of terrorism.
The last terrorism-related section in
the bill permits the Secretary of State
to make reimbursements for the pro-
tection expenses of those who have
provided information relating to ter-
rorist Incidents outside the IInited
States. This section augments the Ad-
minLstration of Justice Program by
providing protection to witnesses in
those instances where the United
States has lent special assistance to
the investigation and prosecution of a
case.
This bill also has a provision for a
fellowship program for United States
citizens to work at American diplomat-
ic missions in the Soviet Union and
Eastern Europe for 1 or 2 years. This
program, named after House Foreign
Affairs Committee Chairman DarrrE
FescEti., would serve two important
purposes:
First, it would allow American stu-
dents, teachers, and scholars to study
the Soviet Union and Eastern Europe-
an countries firsthand, a .valuable re-
source to the United States.
Second, the Americans .in this pro-
gram would replace some Soviet and
East bloc nationals working in our Em-
bassies, thus increasing the overall se-
curity at these posts.
The cost of this program would
come from the State Department's sal-
aries and expenses account and no ad-
ditional authorization is necessary.
Finally, this bill also has an amend-
ment, added In the markup, to author-
ize anadditional 5?.2 mlllion for the
Peace Corps in fiscal year 1987. This
amendment, which increases the
Peace Corps' total authorization to
5137.2 million, was proposed by Sena-
tor Doaa and cosponsored by Senator
KxxrtY and Senator Evnxs. The objec-
live of the amendment is to allow the
Peace Corps to begin implementation
of a 6-year plan to increase itsi volun-
teer force which Congress requested in
Public Law 99-83 in 1985. ~
Mr. President, I would like to pro-
vide some additional details on the
budget and the process by which the
committee arrived at the authoriza-
tion levels. As I said earlier, we studied
the budget request in great detail. The
budget submission provided by the
State Department is more than 300
pages and each line item has a! narra-
tive to describe the particular expense
and the reason for the request.
In examining the State Department
request, we considered two main com-
ponents: the total amount-54.4 bil-
lion-and the period of authoriza-
The committee decided that a short-
er authorization period was necessary
in order to fulfill our responsibility to
those who represent our Government
overseas and taxpayers here at home
to see to it that the money is spent in
the most efficient and effective
manner. During the coming year, we
will be examining the budget very
closely to monitor the State Depart-
ment's performance with these funds
and funds received in previous) years.
Then, during the next, regular 2-year
authorization process, we will respond
to the situation and the needs at that
time. ~
Another reason for the shorter au-
thorization period is that this program
is much larger than ans~thing the
State Department has undertaken
before and we want to be in a position
to positively influence the Security
Program should changes be necessary.
As to the amounts of specific au-
thorization, the funds are intended for
the following four categories: ~
For salaries and expenses,
5243,1?5,000. In this category, the
committee has made clear to the De-
partment of State that the 'money
should be spent on personnel and pro-
grams directly related to security.
Nonessential items were cut back or
eliminated from this authorization.
This category has such important
Items as perimeter security for Ameri-
can missions, Marine guards, Seabees
and security training. Also included
here is money for counterintelligence
and communications security, as area
which the Inman Panel Identified as
needing special attention and ~ which
the committee agrees should have
For the acquisition and maintenance
of buildings abroad, 5857,806,000. With
these funds the State Department will
undertake the construction or renova-
tion of diplomatic posts overseas and
incorporate into these buildings new
security systems and equipment. The
cost of these individual projects is
high because of the unique security re-
quirements of American diplomatic
posts and the need, in some cases, to
acquire additional land to set back the
buildings 100 feet from main roads, as
S 8409
security experts and Inman Panel rec-
ommend. In this category again, we
have made it clear to the State De-
partment that it should not spend this
money on nonessentials and it should
be very, very careful in its planning of
new buildings to avoid costly designs
that contribute nothing to security or
basis building needs.
For counterterrorism research and
development. 52,000.000. The technol-
ogy which terrorists have used against
our interests is not static but will
change and become more dangerous.
Therefore, we must continue our oan
research to anticipate and negate
whatever threats we will face in the
future.
For antiterrorism assistance,
54.840,000. This money is for the con-
tinuation of a program that provides
training and equipment to help for-
eign governments improve their ~ anti-
terrorist capabilities. This program
also acts as an incentive to other coun-
tries to cooperate with the United
States and other friendly governments
in combating international terrorism.
Mr. President, the Committee on
Foreign Relations had two objectives
in formulating this supplemental au-
thorization. The committee wanted to
authorize a program which mill sub-
stantially increase our ability to pro-
tect our people and our interests over-
seas. The committee also wanted to
authorize a program which accommo-
dates the tight budget situation which
we are all facing today.
This supplemental authorization
achieves both of those objectives and I
urge my colleagues to vote in favor of
the Diplomatic Security and Anti-Ter-
rorism Act of 1986.
The PRESIDING OFFICER (Mr.
GoLawnxsx). The Senator from Rhode
Island.
Mr. PELL. Mr. President, I join the
chairman !n urging the Senate to pass
the Diplomatic Security and Antiter-
rorism Act of 1986. This bill, H.R.
4151, would authorize an appropria-
tion of 51.1 billion for fiscal year 1986
and 1987 to initiate the administra-
tion's 5-year 54.4 billion security en-
hancement program. This project is
designed primarily to finance the ac-
quisition and construction of over 70
new chanceries, consulates, or resi-
dences and the renovation of ari addi-
tional 170 posts. In addition to this
ambitious construction program, the
administration, through this legisla-
tion, hopes to:
First, consolidate all of the overseas
diplomatic security responsibilities in
the Department of State and create a
new bureau for this purpose;
Second, establish a board of inquiry
and accountability to review security
breaches and to recommend action
against negligent personnel;
Third, increase the protective serv-
ices provided by the Department of
State for foreign official visitors and
diplomats within the United States;
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t
Fourth, strengthen the residential
security provided for II.S. employees
at high threat diplomatic posts;
Fifth, increase the staff and training
of security personnel in the State De-
partment; and
Sixth, provide add4tional and hn-
proved technical security and coalinu-
nications equipment to reduce the ?tll-
nerability of US. diplomatic missions
Lo electronic penetration.
Mr. President, there is no question
that we must do all th~st ie possible to
provide adequate protection for Amer-
ican personnel abroad. Americans are
being attacked in larger numbers and
S 8410
June ,~5, 1986
drunk driving as of terrorists, but the
very fact of Americans working for
their Govertlstle3Qt being at risk I think
is a fact that are should prevent
In this regard, with regard to the
total number of casualties, I asR unan-
imous consent to Insert Into the
RECORD at this point a table prepared
by the Department of State on II.S.
casualties caused by International ter-
rorism, 1968-85.
There being no objection, the table
arcs ordered to be printed in the
RECORD, 83 folloa7s:
1966 1969
1910 1971
1972
1473
1971
1975 1476 1911
1478
1979
1980
1941 1982
1983
198!
1965
IpdeO S1~
iadl dad..........___..,.-._........
S
3
6
1
23
?3
12
p
7
1
9
15
9
1
0
711
11
TO
7ohr ~ae~d... _...
(0
3
N
23
33
2
ll
70
32 ~
7
I]
11
17
!0
71
115
3I
106
Ti1d Y.S. aeol6a...._.__..
i5
6
20
21
50
E
59
96
39 ~
11
30
36
26
!1
M
380
!2
T00
Mr. PELT. In July 1984, in response
to the increasingly visible problem of
state-sponsored terrorism, Secretary
Shultz created an Advisory Panel on
Overseas Security, chaired by Adm.
Bobby Inman. Other members of the
panel were Senator WsttR$ta Rtmb~tt of
New Hampshire: Ambassador Anne
Armstrong, cha,irpersoa of the Presi-
dent's foreign intelligence advisory
board- Congressman Dwt9 Mtcs from
Florida; Lt. Gen. D'Wayae Gray, U.S.
Marine Corps; Ambassador Larry Ea$-
leburger, Robert McGuire, chief eaeca-
tfve officer of Plnkerton's Inc.; and
Vieta3? Dikeos, former director o? secu-
rity and of the multinational force fr>
Rome.
This panel was created to review our
security posture and to chest a course
of action for the U.S. Government to
take is better defending our personnel
and buildings abroad Our current de-
fenses were simply inadequate. A more
progresstve plats to combat the scourge
of terrorism eras needed.
In J>sne 1985, the Inman panel sub-
mitted its coQlpreltensive study and
109 recommendations. 1>dost of these
recommendations which cover a wide
range of physical and technical securi-
ty, intelligence, organization azYl dip-
lomatic efforts to combat terrorism
were accepted by the Department of
State. H.&. 4151 is designed to imple-
ment the Inman recommendaSion. In
addition to the Department, many
other agencies with personnel and in-
terests abroad contributed to the de-
velopment of this legislation.
This bill has broad bipartisan sup-
port. It passed the Democratic House
by a vote of 389 to 71. Therefore, I
urge my colleagues to support this bill.
Tile lives of Americans working
abroad may depend upon it.
The PRESIDING OFFICER. The
Senator from Maryland.
Mr. SARBANES. Mr. President, I
rise in support of Lhis legislation, now
pending on the floor, to provide and
their request very rsrefully, to caused`
es it, to put priority items first; in the
process of making that judgment, they
came up, in effect, with band 1 recnsn-
mendatinns. To provide as authoriza-
tion for that band would have re-
gwired an increase of about 25 percent
o'er arhat is contained in the bill. 1
made such a propoa3l in~ the commit-
tee. It was not adopted-regrettably,
i3s my view, because I db think this is
an extsetnely important program, one
tLat Congress needs to stand beitirtd.
We had the benefit of the State De-
partment's jvdgmerrt as to what were
the priority items and I thought it
better to accept their evaluation Items
rather than for Congress, in effeG, to
sttbstitute its own judgn~enL I am
hopeful Lhat when this matter goes to
conference, we ~ be able to arrive at
a figure that rests upon some solid
basis for meeting the recommendation
from the executive branch to Coongress
as to the suthoriaation that is abso-
lutely necessary. It seems to me that
when the executive branch is really
pushed to provide their top priorities,
ss was done with respect to this band 1
recommendation, Congress ought to
go along with it.
Thfs IS a program with which a+e
should be penny-wise, because I' be-
lieve we will end up running a very
high risk: We will not only be pound-
foolish in terms of the expenditure of
money, but lives a>iD be at risit.
The fact of the matter is that our
diplomatic personnel serving in over-
seas posts are probably as much aL risl[
as anyone serving fn the II.S. Govern-
ment under current circumstances.
Tile figures on the number of d"Lplo-
matic personnel who have been killed
or injured over the last decade, as we
confront the problem of international
terrorism, are sufficient to cause sot
.only concern but alarm. I think it is
very important that we are now
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CONGRESSIONAL RECORD i ~ SENATE
moving in a? forthright way to deal
with this problem.
The pending legislation seeks to do
that. It does not go quite as far as I
think it should have gone. I sm hope-
ful that when we resolve the differ-
ences between the House and the
Senate, we will be able to do better.
This is an extremely important pro-
gram. I know Members appreciate
that.
^ 1220
There is an understandable tendency
to focus on this program and its im-
portance in the immediate aftermath
of a particular incident, of a loss of life
or an attack. We must also Lake the
longer view. It is very important for
Members of Congress and indeed the
Nation to comprehend and appreciate
the importance of the very well
thought out and considered recom-
mendations of the Inman panel, Con?
gress and the country must stand
behind the program on a sustained,
continuing basis in order to do what
we can to enhance diplomatic security
and to provide the maximum protec-
tion possible we can for our personnel.
Mr. President, I yield the floor.
AMENDMENT NO. S 1 T 4
Mr. DURENBERGER addressed the
Chair.
The PRESIDING OFFICER. The
Senator from Minnesota.
Mr. DURENBERGER. Mr. Presi-
dent. Isend anamendment to the desk
and ask for its immediate consider-
ation.
The PRESIDING OFFICER. The
clerk will report.
The assistant legislative clerk read
as follows:
The Senator from Minnesota [Mr. DoRECt-
9EROER7, for himself and Mr. LEAxY, pro-
poses an amendment numbered 2172.
Mr. DURENBERGER. Mr. Presi-
dent, I ask unanimous consent that
further reading of the amendment be
dispensed with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment is as follows:
On page 107, in line 15, delete
"E245.327,000" and insert " 3283,104,000."
On page 108, between lines 20 and 21,
insert the following new subsection:
"(e) ALLOCATION OP FUNDS roR CERTAIN SE-
CiTRIT7C PROGRAMS.-Of the amount of funds
authorized to be appropriated bl' DaragrePh
(a>(1)(A)(i>, E34.537,000 shall be seailable
only for the Drotection of classified office
equipment, the expansion of information
systems security. and the hiring of American
systems managers and operators for comput-
ers at high threat locations.
Mr. DURENBERGER. Mr. Presi-
dent, Irise in my capacity as chairman
of the Senate Select Committee on In-
telligence to propose the amendment
before us. I ask urlallimous consent
that in addition to my colleague, the
Senator from Vermont [Mr. LEAIIY],
who is the ranking member and the
vice chairman of the Intelligence Com-
mittee; Senators Coxsrl, MIIaxOWSKI,
HECxT, McCoxxELt, and B>rrr'rssx also
be included as cosponsors of the
amendment.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. DURENBERGER. Mr. Presi-
dent, I will be very brief, I will begin
by complimenting my colleagues on
the Foreign Relations Committee for
the difficult task they have undertak-
en over the last year-and-a-half Ito deal
with the Issues of diplomatic and em-
bassy security, not an easy task, and
always a task that has resource param-
eters pressing. So I compliment the
chairman of the committee and the
ranking member of the committee for
the excellent job that they and mem-
bers of the Foreign Relations Commit-
Mr. President, the Diplomatic Secu-
rity Act is an incredibly important
measure. In the wake of the Beiruit
bombings and numerous other ~ terror-
ist attacks, our willingness to create a
Bureau Of Diplomatic Security and to
authorize funds for better security is a
crucial, tangible commitment of Con-
gress to United States interests around
the world. Without this concrete com-
mitment to security, our Nation' will be
unable to maintain its active 'role in
the world's capitals and centers of
Just as we support the Nation's de-
fense, so must we now support it diplo-
matic security. Our diplomatic pres-
ence abroad is truly the first dine of
our defense. It enables us to seize op-
portunities for cooperation and for the
amicable settlement of disputes with
others. It saves us from having to
resort to military measures, land it
paves the way for the efficient use of
our armed forces when that is~ neces-
sary. We cannot-and must not-do
without an active, assertive diplomatic
presence overseas.
While much of the authorization in
this bill is to improve the physical se-
curity of U.S. diplomatic facilities
against the terrorist threat, some of
the funding covers the important need
for technical protection againstlhostile
intelligence services. As our Embassies
have adopted modern methods of com-
munication, out' adversaries] have
adopted modern methods to penetrate
those communications. If our (secrets
are not Lo be -compromised, we must
improve our defenses against those
hostile efforts. We must not scrimp on
this protection. The compromise of
sensitive information, whether ~ it con-
cerns secret negotiations instructions
or embassy security plans, can ~threat-
en American interests as severely as
that we appreciate the inherent link
between technical security andl securi-
ty against terrorism. Counterterrorist
plans do not emerge out of thin air;
they are aTitten, discussed, slid may
well be stored in computers. Seemingly
innocent information from people's
conversations, communications or
data bases can be of tremendous help
to terrorist plotters or Lo the states
s s-~ii
that support them. And frankly, no
physical security system it foolproof.
It is of the utmost importance, then.
to safeguard the information about
our physical security efforts so that
terrorists will not discover mays
around them. The technical security
programs that this amendment sup-
ports are a vital link in the chain of
defense against terrorist attacks on
U.S. facilities overseas.
The Foreign Relations Committee
has subjected thLs bill to intense scru-
tiny and significant reductions. I can
well appreciate the need, in a very dif-
ficult year from the budgetary stand?
point, to pare doaa expensive building
proposals. But these technical security
programs are relatively loa?-budget
items that are well worth the funds
they require. They are needed now,
and they can be implemented now;
they are not dependent upon the pace
of new Embassy construction; and
they can all be accommodated a7thin
the levels prescribed in the report of
the committee of conference on the
State Department supplemental ap-
propriation. Now that the conference
report on the urgent supplemental has
adopted a "salaries and expenses"
figure that would permit full funding
of these programs. we on the Intelli-
gence Committee strongly urge our
colleagues to earmark some of that
figure for these programs.
There are three technical security
areas that merit this special attention:
protection of classified office equip-
ment; expansion of information sys-
tems security; and hiring of U.S. citi-
zens Lo manage and operate Embassy
computers in high-threat locations.
This amendment would provide 534.6
million for these programs, compared
Lo the 512.6 million recommended by
the Foreign Relations Committee. The
amendment would delete another 57.7
million requested by the State Depart-
ment that could not reasonably . be
used by these programs in fiscal year
1987.
These programs all respond to con-
cerns raised by Admiral Inman's Advi-
sory Panel on Overseas Security, and
also by the Select Committee on Intel-
ligence in our yearlong study of U.S.
counterintelligence and security pro-
grams. Several of these programs grow
out of efforts that were supported by
the 535 million supplemental appro-
priation Lhat Congress enacted last
year at the urging of the Intelligence
Committee. -
Mr. President, security has long
been the stepchild of our bureaucra-
cies. It is inevitably seen as a sidelight,
taking resources away from major mis-
sions and making people's lives more
difficult. But security is essential, and
events of recent years have made that
terribly clear. In the past year, dec-
ades of bureaucratic inertia have been
overcome and the Government has
begun programs to improve the securi-
ty of both persons and programs.
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S 8412
bum. Programs that we have called for
are beginning to appear: now we must
fund them and support them. The
payoffs grill be real but invisible. They
wW be terrorist plots that fail, or that
are rejected by the terrorists them-
selves; they wW be intelligence coups
that our enemies never achieve: they
will be state visits that are unmarred
by security problems, buildings that
are neither bombed nor broken into,
and secrets that remain secret.
This is a silent war, and the techni-
cal security programs that this amend-
ment supports are a crucial movement
of forces in that campaign. I urge my
colleagues of the Senate to enlist in
this Campaign by supporting this
amendment.
Mr. President, I also have a detaffed
description of the programs that this
amendment supports. I ask unanimous
consent that it be included ]n the
Racoitn at this point.
There being no objection, the de-
scription was ordered to be printed in
the Rl,cotin, as follows: .
Paoracrtorr or Clr+sslrim Orrlcs
Egvlrxexr
Emanations from electronic equipment
can be intercepted and converted from elec-
tronic impulses into human language. In the
past. reco?ttlUon of this vulnerability has
led Lo extraordinary physical and electlortic
protection for communications centers and
communications equipment at overseas
posts. Recent events have highlighted an-
other Important area of vulnerability: ~~~er~
ception of emanations from Lypewrltens and
adfice equipment that are used to process
classified lnformstton. To address this prob-
lem, the State Department has developed a
coordinated Program Lo protect classified
office equipment.
The equipment protection program has .
four parts: product certification: secure
transportation with State Department
Couriers: sec[tre handling of rena(r inhc un.t
,pens t7sa,t+oo m risrctl dear 1Hia7. The Por-
elgn Relations Committee woabd authorize
v.s. tawxecaaa alrt+ orsiaaraas or W rcna
~r ftICA-rftrur-? LOCA'rsoiri
The State Department opersteal large
minkomputer systems and ama11 ofLiace in-
formatlon (word proceasffig) systeals to
many overseas Doestlons. While these are
?~~cl~. ified systems, some conta.ai sensitive
Information, particularly s;hen the informa-
tion to several tiles can De accessed acid ana-
lyzed in the aggregate. Dne?essified systems
at high technical threat 2otations are ~~pe~
tiarly vulnerable, and foreign nationals are
currently involved In thr slarlagement and
operation of aystema is Llsoae laeatioas. The
State Department has deslsansted certain
countries es high technical threat locations
based upon reported efforts of other~COUn-
tries to penetrate electronic systems in
those locations.
Admiral Itrtnanb Advi$orY Panel on. Over
seas Security recommends that no foreign
national employee have access to an auto-
mated infolntation system at gay II.$. Em-
bassy, and the State Department proposes
at least to eliminate such foreign nstionais
es managers and operaWra of the ;equlp-
ment in high threat arena. 6tate Depart-
ment requested E7,I24,000 for this program
over two years, and we estimate that they
could usefully spend their loci FY 1987 m
guest of !15,548,000. The ~gn Relations
Committee would authorise only =1,578.900.
Mr. LUGAR. Mr. President, I rise in
support of the amendment front the
distinguished chairman of the Intelli-
gence Committee. The Foreign Rela-
tions Committee and- the Intelligence
Committee have ttbaasulted with regard
to the wisdom of this amendment and
come to a unanimous pofat of ~ view
that it is in the best interest of this
Legislation and therefore the are pre-
pared ~to accept the arnertdme i on
this side.
Mr. FELL. Mr. President, I concur in
Lhe view of otu chairman. I think it is
a good amendment. It ii being joined
security practices. Mew tecltaical equipment Relations Committees. However,
is required in each of these areas, as well as before acting on it, I ]tnow that fay
more couriers, inspection personnel, and Colleague, the Senator fIO)4i Vermont
contracts for secure repair of the office [Mr. LrexY], would like to CoEninent
cu .ua,w ~,vw over two Years Ior tnra pro- I Slt$geSt the absence Of a Q1,iOTiil
gram: we estimate that they can usefully The PRESIDING OFFICER. The
spend i,28,2Z7,000 in fiscal year 1987. The ~~,k will 0811 the roll.
Foreign Relations Committee would sntlaor-
~ only t1o,846,000. The assistant legislative clerk pro-
sxrerrsiox or Ixrolu~-riorr sxsr~s needed to call the roll.
sscvalrY >ltr. LEAHY. Brir. President. I ask
The Department of State and other for- ~siilmous consent that the sell of the
sign affairs agencies are rabidly increasing Quorum be dispensed with.
tfieir use of computers and word processors The PRESIDING OIoF'ICER. With-
overseas. Admiral Inman's Advisory Panel out objection, it is 30 ordered.
on Overseas Security notes that this in- ~, I,EAHY. Mr. President, I I de-
crease is being acmmpanled by a document- lighted to cosponsor this amendment
ed increase to the hostile electronic intelli- with my distinguished colleague, the
?ence threat at those overseas facilities. chairman of the Intelligence Commit-
Currently, however, there are few State De-
partment persamref available to work on tee, Senator Dt7x>;rtstsx(mlt. Isee 11i the
tats Probiern, and none at the Regional Ad- chair the distinguished senior Senator
ninlstrative >![anagement Centers to which from Arizona and former chairman of
embassies typi~cally+ turn first for help in the Senate Intelligence Gbrrunittee. I
managing offcee systems. know both of my colleagues are ~ well
The Department of State proposes to aware of the security considerations
assign.atx computer security personnel and reflected in this artieixirnent. IThe
one administrator to its three Regional Ad- Durenberger-Leah
m-nisttat-ve Mana>9ement Centers and two Y amendirteirt to the
June L5, 1956
technical security programs. Current-
ly, the bill provides only E1254 million
for these programs. Our amendment
earmarks an additional E21 million,
almost E22 million for tecltnica! securi?
ty improvements to our Embassies.
The security of otir Embassies and
consulates abroad is a criti(~,1 -matter
!or all Americans, certainly to any of
those who have visited abroad. It has
been one of the first things mentioned
to me by our ambassadors or our
security people. Lt is important
for those who serve our country
abroad, for those aiho use American
facilities when they travel anal really
for each of us who care about Ameri-
ca's ability to pursue 8dI effective for-
eign policy. We bare to protect our fa-
cilitfes abroad so that we can continue
to influence and assist and d0 business
with other people in the world_ We are
the preeminent nation in the world
We have to be able to carry out our re-
sponsibilities worldwide.
In an age of modern terrorism, Lt ss
not enough to bar the doors or to but-
tress walls or to hire more guards Ter-
rorists, and those who aid them, espe-
cially when it is State sponsored ter-
rorism, can and do subject U.S. facili?
ties to intensive surveillance, esror-
mous surveillance. They seek to under-
stand our security measures to deter-
mine their weak points. If we fall to
protect the information about our se-
curity practices, we make it thzt rt~uch
easier for terrorists to attack us.
Now, the State Department, re-
sponding to the recommendations of
Admiral Bobby Intnan's Advisory
Panel on Overseas Seeairity, has pro-
posed some excellent programs Lo im-
prove the security of communieati,ons
and computers in U.S. }baibassies.
These programs are aimed as making
sure that the typewriters acrd word
processors handling classified informer
Lion do not fall inSo hostile hands.
Certainly, es vice chairman oS the In-
telligence Committee, I understand
the concerns we have about that, as do
the two distinguished Senators, the
Senator from Minnesota and the Sena-
tor from Arizona.
^ 1230
These progisn~IS are afined at making
sure that the typewriters and word
processors handling classified Infortina-
tion do not fall into hosti'}e hands.
They will put Americans m dzarge od
the computers in i3.S. Embassies;
anther than leaving reams of sensitive
information in the hands of foreign
employees wh+o may actually be hostile
htelligence agents. and ofteatiates
are, and they wfil provide cotsrpttter se`
'ty experts, bath at headquarters
d fn regional catltmurricatfons suss
rt centers. These are Lhe most basic
security measures, They case be iir:-
emented to our current Embassies
computer security people plus air admistis? Diplomatic Security Act would ~ ear- }Mead of waiting for ne~v cures to' be
Lrator for headquarters. They requested mark E34,537,i>DO in the diplomatic se- ilt, and they can be funded ar#thout
11,872.000 for two years, but could usefully curity bill for three very fmportant
CONGRESSIONAL RECORD -~ SENATE
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CONGRESSIONAL RECORD -SENATE S 8413
adding to the overall total authorized recently introduced, which was S. him for his favorable consideration
in this bill. They deserve our support. 2508. This would repeal a District of and the unanimous approval that this
Today we are going to vote on au- Columbia Code, and the section subcommittee gave to our bill. It also
thorizing E1.1 billion for overseas secu- number is 22-1115. This local law for enjoys the sponsorship of Senator
rity through f[scal year 1987. The the District of Columbia Makes it a DECoxcrxr and the cosponsorship of
E34.537,000 that our amendment ear- crime to congregate within 500 feet of Senator DENTON and Senator EesT. In
marks for high-priority technical secu- an Embassy and to refuse to disperse addition, I have heard of no opposition
rity programs is only about 3 percent when ordered t0 do so by the police. to this proposal
.
of the bill. I believe that the State De? In effect, S. 2508 would replace the I defer to Senator DErrrON, if he
partment can squeeze that amount out local law with a more recent and more would like to make some comments on
of its construction budget. Surely this comprehensive congressional statute this amendment, of which he is a co-
il not too high a price to enhance codified in the Federal criminal law, sponsor.
technical security in those new embas- and that was put on the books in 1972. Mr. DENTON. Mr. President, I
sy buildings this bill will fund. The Federal statute protects foreign thank my distinguished colleague
Let us make sure that our computers diplomats [n all 50 States in this coon- from Iowa. I strongly support Senator
and word processors are in the hands try, such as New York, where the Gxessr.E3r's amendment to H.R. 4151. I
of Americans, not hostile agents, as headquarters of the United Nations is, am proud to be a cosponsor.
they have been many times in the and the home of many foreign diplo- ~ Senator GxnSStEY mentioned, we
past. The amount of money we are mats of ambassadorial rank. ~Thls 1972 did clear the bill unanimously 2 days
talking about is a tiny fraction of what law prohibits activity within 400 feet- ago in the Subcommittee on Security
a?e would lose if we do not do that. as compared to the 500 feet of D.C. and Terrorism, which this Senator
As a member of the Appropriations law-of a diplomatic facility when it is chairs. In doing so, we noted that
Committee, I emphasize that our designed to threaten, harass, coerce, there was a bipartisan feeling on the
amendment is within the figures or intimidate those entering or those subcommittee that in our haste to im-
agreed to by the conference committee leaving such a facility. prove the security of embassies, the ae-
on the urgent supplemental appropria- Congress did not extend this law to curity of airports, the security of Gov-
tion. As a concerned citizen, I am con- the District of Columbia, because it
vinced that this sign of our detetzriina- was said at that time that th'e District ernment installations around Wash-
tion to strengthen technical security is already had sufficient law, and it was ington, and the security of our citizens
a vital part of the effort to improve evidently thought to be similar to this around the world, we must taste care-
our security against hostile intelli- 19721aw. I ful consideration to avoid infringing
Bence services and terrorist organize- However, the fact is this: The Dis- on first amendment rights.
lions. I urge the floor managers to tract of Columbia law is in no way Mr. President, this amendment
accept this amendment and my fellow similar. Unlike the Federal law, D.C. would repeal the District of Columbia
Senators to support it. law prohibits more than two people law' which makes it a crime for more
Mr. DURENBERGER. Mr. Presi? from standing in front of an Embassy, than two people to congregate within
dent, I thank my colleague. On its face, this law, it seems to me, 500 feet of an Embassy if they fail to
The PRESIDING OFFICER. The infringes upon our constitutional right leave when ordered to do so.
question is on agreeing to the amend- of freedom of speech and freedom of By repealing that law, we permit the
went. assembly, I embassies in Washington, DC to fall
The amendment (No. 2172) was Moreover, we have had selective en- under the same law as is applicable in
agreed to. forcement of the D.C. statute. That the 50 States, which prohibits activity
Mr. DURENBERGER. Mr.. Press- has resulted in the arrests ofd peaceful within 100 feet of a diplomatic facility
dent, I move to reconsider the vote by demonstrators-arrests that have when it is designed to threaten,
which the amendment was agreed to. taken these people, so (arrested, harass, coerce, or intimidate those en-
Mr. LEAHY. I move to lay the through as ordeal of prosecution, tering or leaving the facility.
motion on the table. trial, sentence, and, in sorrie cases, Senator Gxessra'Y mentioned that
The motion to lay on the table was even imprisonment. the current Inconsistency in the law
agreed to. It is grossly offensive to o I consti- could prohibit peaceful demonstrators
enartDE~ti PO. 5179 tutional values lIi this country t0 sub- from congregating and expressing that
Mr. GRASSLEY. Mr. President, I ject a U.S. citizen to prosecution which they are entitled to by their
send sn amendment to the desk and simply because he or she stands peace- first amendment right. I appreciate
ask for its immediate consideration. fully on a public street holding a sign his efforts in Lhis matter. I should
The PRESIDING OFFICER. The that might say something like "Russia note that Senator DECoxcrxr has
amendment will be stated. Get Out Of Afghanistan," or have the worked closely with me and with Sena-
The assistant legislative clerk read word "Solidarity" on it, or have the for LEaxsr on this and on a number of
as follows: words "Apartheid Is Evil." legislative initiatives which do improve
The Senator from Iowa [Mr. Ganssr.arl. There is no reason why professional antiterrorism propensities in our coun-
tor himself. Mr. Dexrow, and Mr. DBCox- diplomats in the District of Columbia D'y
cixr, proposes an amendment numbered need more protection from seeing such I thank Senator GRnsSLEY for his
2173: demonstrations than, say, those locat- leadership and for yielding to me.
At the appropriate place in the bill add ed at the consulates in New York or Mr'. GRASSLEY. Mr. President, I do
the following new section: That (a) pars- Chicago or Los Angeles. not see way of my colleagues dtsiring
graph (3) of subsection (b) of section 112 of What I have sent to the desk is, of to comment on this. It is my under-
tttle 18, Unites States Code, is amended by course, the contents of S. 2508 in standing that this amendment has
striking out "but outside the District of Co- amendment form. Its adoption will been approved by the managers of.the
lumbia and".
(b) The Act entitles '?An Act to protect ensure uniform treatment of Embassy bill. If that is true, maybe we caw have
foreign diplomats and consular officers and Droperty and personnel, while at the adoption of the amendment.
the buildings and premises occupied by same time it ought to protect impor- Mr. LUGAR. Mr. President, I am
them in the District of Columbia", approved tent constltutlOIIal rights Of U.S. Citl- pleased to say that the Senate, I
February 15, 1938 (52 Stet. 30: D.C. Code yens, think, will be well advised to adopt the
22-1115 and 1118) is repealed. Mr. President, the bill I have re- amendment of the distinguished Sena-
tor. GRASSLEY. Mr. President, I ferred to, S. 2508, was favorably re- for from Iowa. He has long been a
thank Senator DECoxcrxr and Senator ported recently by the Security and champion of the peaceful rights of
DExrox for cosponsoring this amend- Terrorism Subcommittee of the Judi- Americans to assemble wad make
went with me. cia,ry Committee. That committee is known their points of view. He has
This amendment is a product of leg- chaired by our colleague Senator from brought this issue to the floor on nu-
islation that Senator DECoxerxr and I Alabama [Mr. DExroxJ, and ;I thank merous occasions.
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S 8414
Working in cooperation with the dis-
Linguished chairman of the subcom-
mittee of the Judic[ary Committee, on
terrorism, Senator Dsxrox has done
much excellent work in this area.
I believe Lhey have come forward
with a suggestion that merits our ap-
proval. We are prepared to accept the
amendment on our side.
Mr. PELL. Mr. President, personally,
I have some doubts here because I vis-
uailze not just peaceful demonstrators
but overseas where you have angry
Problems sometimes surrounding our
Embassies. I wish to keep them as far
away as we can.
I hope if we accept this amendment
it will not be used as an example or a
precedent for other nations and other
parts of the world to let mobs get
closer as is the case now.
However, In view of the hard work
concession to first amendment privi- cc> The table of contents at the beginning
of such.ACt fs amended by inserting after
...e ~..,_ ..._ __~,__ .....~_ ._..-- ,-
tPurpoae: To amend the Atomic Energy Act .Item.
of 1954 to provide for the Halloos! securi- sac- 149. Fingerprinting for security clear-
. tY by allowing access to certain Federal ance.".
critnlnal history records) Mr. DENTON. Mr. President. this
Mr. DENTON. Mr. Presid Int, I send amendment to H.R. 4151, which I
an amendment to the desk and ask for offer on behalf of Senator LEAxY and
amendment will be stated. curity and Anti-Terrorism Act, a bill
The legislative clerk read I follows: which I introduced on January 24,
The Senator from Alabama [Mr. Dnvz'oIV] 1985. On September 12, 1985, the
for himself and Mr. I.EAIIY proposes an Senate Judiciary Committee unani-
amendment numbered 2174. ~ mously reported S. 274 with wide bi-
Mr. DENTON. Mr. president, I ask Partisan support- The bill was then
unanimous consent that further read- considered by the full Senate on Octo-
The PRESIDING OFFICER. With- The purpose of the proposed Nucle-
out objection, it is so ordered! ar Power Plant Security and Anti-Ter-
rorism Act amendment Is to provide
The amendment is as foll
w
o
s:
adtninistratlon, and I believe certainly At the end of the bill Insert the following: for the national security by granting
1n America they are absolutely correct, IfATIONAL SECIIRTlY ACCESS nuclear power reactor licensees access
we have no objections on this side. gEC, ca) The Atomic Energy Act of 1954 ~ the national criminal history files
cornmentRf st of all. to thank both of t42 .U.S.C. 2011 et sea.) !s amended by Lion. Byecreating aumechanism to coon=
adding after section 148 the following new
the managers of the bill. The chair- section: I duct a background investigation on
man and the ,ranking minority "SEC. 1l9. Flxosasalivrllvc ros sECUxlrr anY individual having unescorted
member have been very cooperative, ~~~?- I access to a nuclear power facility, the
and without their help, 'I am not sure "a?~'e~' person in the process of being 11- amendment will help to ensure that
that this bill would be this far. ceased or licensed pursuant to section 103 or poly individuals who are reliable and
Also I wish to comment, because 104b to operate a utilization facillEy shall re- trustworthy have access to critically
maybe I could alleviate some of the Quire that each individual allowed unescort- sensitive areas thereby significantly
tear that the Senator from Rhode ~ access to the facllity be iingerpiinted. All proving the security of that nuclear
Island expressed about it and the y~uj ~ ~ ~e btained by a licensee as re-
Preceding sentence shall be Power facility.
point of view that he made in regard submitted to the Attorney General of the Most background checks by nuclear
to what might be the situation in a IInlted States through a person or persons power reactor licensees are limited to
foreign country, .this was all taken into desienated by the Commission in' consults- State and local files as things present-
consideration in 1972 when the leglsla- Lion with the Attorney General for identifi- ly stand. Unfortunately, those files do
Lion now on the books that we are con- cation and a crilnillal history records check. not include information about an indi-
The, cysts of any identification and records
forming the D:C. law 'to was all taken check conducted pursuant to the 'preceding vidual's criminal record, if any, from
into consideration and was considered sentence shall be pats by the licensee. xot- other parts of the country other than
to be t3ood public policy at that time. withstanding any other provision of law, the the. local and the State from which
As far ss I know, there 1s no change Attorney General may .provide au .the re- that individual comes and where the
of that thought at this point. salts of the search to such person or persons powerplant is located. By allowing nu-
lldt. President, I move adoption of did by the Commission !n consults- clear power reactor operators to have
the amendment. Lion with the Attorney General. access to the FBI's criminal history
The -.PRESIDING OFFICER. If .b: The Commission, by rule, may relieve records files, Lhey would be able to
there be no further debate, the ques- ~mO~ from the obligations Imposed by obtain more complete criminal histo-
tion is on agreeing to the amendment ~'~ section, upon specified tennis, condi? rtes. That information is an essential
of. the Senator from Iowa. bOm? BAd veri?ds, u the Commission finds
that such action is consistent w[th its re- element in the determination of who
The amendment ~~ that such information is used plants had been granted construction
and would further state that my sub-. solely: for the purposes provided inlthis sec.,
committee .will ~ look into the concerns tio;i: and - ~ permits. when :those Plants become
he has raised. "t3> Drovide individuals subiect to finger= operational, :nuclear power will pro-
..Drmthlg the right to complete and correct vide approximately 25 percent of all
The IInited States has simply not lniormstion contained In the crirnitiai hlsto- our national electrical power. Al-
been confronted with the same kind of ry records prior to any final adverse. though increasingly vital for energy,
incidents which have arisen in foreign action."- ~ nuclear facilities can also present a
'countries with respect to their Embas- db), The provisions of subsection, a. of sec- grave danger to the environment and
sies..lif and when it does confront such tfon:i49 of the Atomic Energy Act~of 1954, ~ human life, as Chernobyl dramati-
s threat most 'assuredly :. Senator ~ added Dy this Act, shall. take effect upon tally ~~~~ and with little help
GaASSI.esr, I am certain, . as well ss promulgation of regulations by the Commis-
. myself and .members of sion :as set forth in wbsection c. of such sec- from saboteurs is a more, important
any .subcom- 'lion. Such regulations shall be promulgated danger than that which Chernobyl ap-
mittee would take aaother.look at this on or before January i;'19as. - : -.- ~ pears'to have presented.
CONGRESSIONAL RECORD -SENATE June 25, 1986
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June 25, 1986 CONGRESSIONAL RECORD -SENATE S 8415
The Commission has investigated ficia>s of State and local governments correct and supplement the record and
more than a dozen incidents of sus- for purposes of employment] and li? to limit the redissemination of the in-
pected sabotage by plant employees. ceasing decisions, if authorized by formation supplied to the operator.
The tncfdenta involved critical valves State statute and approved by; the At- After weighing the pros and cons of
to the wrong positfon, miswired elec? torney General. Following Public Law each approach, the Senate Judiciary
trical equipment, and other problem 92-544 Congress also authorized dis- Committee chose the latter course.
areas. A Commission report indicated semination to private entities 'engaged I should note, however, Mr. Presi-
that between 1974 and 1982 there had in certain securities transactions, such dent, that in choosing Lhe latter
been 32 possible deliberate acts of as brokerage houses (15 U~.C~ section course, Senator PArxICK LEAxY and
damage at 24 operating reactors and 78(F)). ~ myself added specific language to the
reactor construction sites, including Mr. President, to prevent ~ nuclear original bill to protect the civil liber-
the dozen reported since 1980. power facilities from becoming targets ties of the individuals to be finger-
I would like Lo offer some examples of terrorists, extortionists, or Sabo- printed. That is, the original bill and
of these incidents, Mr. President, to tears, the licensees must be given the amendment specifically directs the
give us a more immediate familiarity access to the data contained in the Commission to prescribe regulations
with them. criminal history files of the FBI. for the taking of fingerprints and for
Examples of incidents include in- The criminal history records contain establishing the conditions for both
strument valves apparently deliberate- full fingerprint identification cards for using the information and limiting the .
ly mispositioned in a way that knocked individuals who have been arrested by redissemination of the information
out the steam generator feed-water Federal, State or local authorities. It is provided by the record check in a
pump thus forcing the operator to important to note that identification manner limited Lo the purposes con-
reduce power immediately to keep the of the person arrested is based on a twined in the act. The legislation gives
reactor from going into emergency full set of fingerprints rather than a discretion to the Commission to imple-
shutdown. That incident happened on name, Social Security number or other meat a practical program, through
May 1, 1982, at the Salem atomic personal identifier. Currently, the FBI regulation, for carrying out the pur-
power station 1n southern New Jersey. maintains over 22 million I arrests poses of the act. Because of the possi-
Another example at the Heaver Valley records broken into 1,200 fingerprint ble incompleteness of the FBI's crimi-
plant near Pittsburgh, a valve normal- classification codes.
ly left in as open position was found Mr. President, because these records nal history records mentioned earlier
closed sad the chain and padlock that are based on s full fingerprint identifi- and because of the important due
normally secured the valve in the open cation, the FBI, by comparing finger- process a,nd privacy interests of pro-
position were ~ spective employees, it was Senator
missing. With the valve prints, can positively identify a record LcAxY's and my belief that the regula-
closed, emergency cooling water would as belonging to a certain individual tions prescribed by the Commission
not have been available for high Ares- thereby ensuring that the pelson de- shall contain the following minimum
sure injection into the core. termining employment suitability does requirements:
The Commission reported: "Since not attribute a criminal record to the First, individuals who are asked to
there were no indication of unauthor- wrong person. This procedure avoids submit fingerprints under the
ized entry to the sites of these iaci- problems which could occur it~ an un- pro-
dents. they are thought to have in- sophisticated noncriminal justice user grala a'~ ~ notified that the finger-
volved insiders." A 1983 Commission of criminal record information! under- prints will ~ used to run a criminal
memorandum concluded that: "The took a criminal record check based on history records check through the
major threat of sabotage to a nuclear an individual's name and other identi- FBI;
plant is associated with the insider." flees. With a name check it is possible Second, individuals who are subject
More stringent employee screening that a record could be attributed to ~ fingerprinting will be provided with
procedures .might have prevented the wrong person or, by merely, using as opportunity to complete and cor-
manY incidents of Lhat kind. an alias, a criminal record migit never rest the information contained in the
Mr. President, currently, the FBI be identified. FBI's criminal history records prior to
provides criminal history records While the arrest data contained in any adverse job action being taken;
checks only to Government or private these criminal history records is gener- and
entities specifically authorized by star- ally accurate. it is often incomplete. Third, the Commission will establish
ate. The FBI otiginaily disseminated The FBI requires that law enforce, procedures to .ensure that the informa-
criminal history records to State, city, went authorities submitting ~ arrest tion provided to the plant operator
and county officials it authorized by data subsequently submit information wW only be used to determine wheth-
statute, ordinance, or Ivle for. appll- concerning the disposition of the er the person is fit to be given unes-
cants for employment or for a permit arrest. Despite this requirement, FBI corted access to the nuclear facility,
or license, as well as for federally in- experts have informed the Senate Ju- and for no other purpose.
eared beaks. However, in Menard v. diciary Committee that this disposi- Mr? President, the original bill and
Mitchell, 328 F. Sapp. 718, ?25-728 tion data does not get forwarded to the amendment have wide support. In
(D.D.C. 1971), rev'd.-on other grounds, the FBI in close to 50 percent of the written testimony endorsing S. 24?0-
498 F.2d 1017 (D.C. Cir. 1974). a U.S. cases. the 98th Congress version of S. 274-
Dlstrict Court interpreted the statute Because of the incompleteness of Herzel H.E. Plaine, general counsel of
which authorizes the FHI to collect this data, the Senate Judiciary' Com- the Nuclear Regulatory Commission,
criminal Records (28 U.S.C. 534) as con- mittee was faced, during consideration noted that the bill represented a
Ong an implicit prohibition against of the original bill, with requiring the means of facilitating nuclear reactor
dissemination to private entities and withholding from the Commission of licensee efforts to obtain criminal his-
~o State and local noncriminal justice arrest data unaccompanied by disposi- tory records and of promoting uni-
agencies. The FBI, accordingly, tion. This would protect the privacy fortuity in industry-conducted person-
amended its regulations to prohibit and due process rights of prospective nel screening programs. .
criminal history record dissemination employees, but tt would risk the fail- Tn testimony submitted to the
to the general public or private sector are to provide the operator important Senate Judiciary Subcommittee on Se-
employers, except in limited circum- and relevant information concerning curity and Terrorism on June 13, 1985,
stances not relevant in this case. the prospective employee. Alternative- Arthur E. Lundvall, vice president of
The Menard decision has, however, ly, the Senate Judiciary Committee Baltimore Gas & Electric Co., and
been partially superseded. Congress in could authorize Lhe FBI to provide a president of the Nuclear Power Execu-
Public Law 92-544, authorized the FBI complete arrest history record to the rive Advisory Committee of the Edison
to disseminate criminal history records Commission, provided that thel Com- Electric Institute, noted that:
to officials of federally chartered or mission institutes a program to protect Nuclear powerplants have effective seeurl-
insured banking institutions and to of- the rights of prospective employees to ty programs that may include a system for
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S 8416 CONGRESSIONAL RECORD ! SENATE
psychological evaluation of potential em-
ployees and the conduct(ing) of a back- The Nuclear Regulatory Commission
ground investigation that lnvo-ves limited hes investigated dozens of incidents of
State and local police record checks.. This Suspected sabotage by plant employ-
e.. n,..------ ---- - ----
s
t
ys
em would be significantly improved with
ehe enactment of S. 2470 (S. 274) since it
would provide a uniform system for back-
ground investigation throughout the indus-
try.
He goes on:
Each individual's complete criminal histo-
ry will be reviewed and we can be assured
that, to the max[mum extent possible, only
stable, reliable, and law-abiding people have
unescorted access to vital areas of our nucle-
~ Powerplants.
One other piece of testimony by the
manager of Corporate Security, Ala-
bama Power Co., Mr. David Hinman,
submitted to my Subcommittee on Se-
curity and Terrorism expressed con-
cern that the failure of the industry to
obtain criminal history records based
on fingerprint identification could
Permit terrorists and would-be sabo-
teurs an opportunity for employment
at nuclear plants, using falsified birth
records and other falsified credentials.
Mr. Hinman concluded by endnrcino
June 25, 1986
The PRESIDING OFFICER. Is
there further debate? If not, the ques-
tion is on agreeing to the amendment.
The amendment (No. 2174) was
agreed to.
reactor construction sites.vSeveral of AlSSltDMEPT PO. 7176
those incidents could have resulted in Mr. LUGAR. Mr. President, I send
a catastrophe at least on the scale of an amendment to the desk and ask for
Chernobyl. All of those incidents were its immediate consideration.
believed to have involved insiders. The PRESIDING OFFICER. The
At a time when terrorism is on the clerk will report.
minds of most Americans, 1t w I uld be The assistant legislative clerk read
inexcusable for us not to do every- ~ follows:
thing reasonably possible to I The. Senator from Indiana [Mr. LvcAa]
protect proposes an amendment numbered 2175.
our nuclear powerplants from sabo-
tage. Mr. LUGAR. Mr. President, I ask
Under current law, most background unantm?us consent that further read-
checks by nuclear powerplant ~licens- ing of the amendment be dispensed
ees are limited to State and local files. with.
Those files do not include information The PRESIDING OFFICER. With-
about a person's criminal record, it out objection, it is so ordered.
anY. in other parts of the country. By The amendment reads as follows:
allowing nuclear plant operators to ~ page 124, between lines 9 and 1D,
have access to FBI criminal records insert the following new section:
files, they would be better able j t0 de- sE~' ~' MA)vAGE.MEM OP A!~'rl-TERRORISM AS-
termine who should be Erranted unes_ _ snsTANCE rROCRAMS.
im erative that access to such records v ~ V~~`Y~'' ~~~?'' ~ "~ icgis paragraph (4> is amended to read as tol?
p lation does. The nuclear plant licensee lows: ?'(4)(A) Articles on the IInlted States
be provided to assure that employ- would bear the cost of fingerprinting Munitions List may be made available under
ment In sensitive positions be conduct- and of the criminal records check, and this chapter only ti-
ed based on full information as to the could use the information obtained "tl) they are small arms !n category I (re.
trustworthiness of the individual. only for the limited purpose of 'deter- sating to firearms)- ammunition m category
Mr. President, the amendment mining if the person is fit to receive III (relating to ammunition) for small arms
which is endorsed by the Commission, unescorted access to the plant. Inds- ~ category I, articles in category ]v(c) or
the Department of Justice, and private viduals who are subject Lo f I VI(c) (relating to detection and handling of
industry, would help to ensure the ing would be given an o ineerPrtnt- explosive devices), articles in category S (re-
pportunity t0 lating to protective personnel equipment),
safety of nuclear powerplants, and correct and complete any information or articles in subsection (b), (c), or shall 'inclose the
pared to accept the amendment. following information- ~ rorism. Though many cruise ships and
Mr. PELL addressed the Chair. disagreement~~on a the recor~nmendations many do not cA cruise shipolpasaenger
The PRESIDING OFFICER. The among the member nations of the Intema- simply cannot rely on the fact that
Senator from Rhode Island. clonal Maritime organization: the particular ship he or she boards
Mr. PELL. Mr. President, this is an (2) the activities or the Maritime Safety will be safe.
excellent amendment. On behalf of Committee, the Facilitation Cornnrittee, and
the mtnorit I su the Legal Committee on the International Passing II.S. laws requiring stricter
Y. ggest Its passage. Maritime Organization in regard to the pro- security on ships, while desirable,
The PRESIDING OFFICER. is posed recommendations: and I must be accompanied by similar action
there further debate? If not, the goes-
Mr. RUDMAN. Mr. President, I in- roes.-Not less than 10 percent of the
amount appropriated pursuant to section
quire of the managers of the bill since 4011x) for diplomatic construction projects
there is a vote scheduled for 2 o'clock. each fiscal year shall be allocated to the
I have four Very small amendments. extent practicable for contracts with Ameri-
They have been cleared on both sides. can small business contractors. Contracts
Will the managers agree 'that we awarded pursuant to subsection (d) of this
might go forward at this Lime by section shall not be considered in determin?
asking the pending amendment be set ing compliance with this subsection.
? "(r)^.
a
id
s
e
Mr. LUGAR. Yes.
Mr. RUDMAN. Mr. President, I ask
unanimous consent that the ~ pending
amendment be laid aside for the pur-
pose of considering en bloc four
amendments that have been accepted
The PRESIDING OFFICER.
out objection, it is so ordered.
THRESHOLD FOR "BIIY AMERICAN" PROVISION
Mr. RUDMAN, Mr. President. The
committee bill indicates that only U.S.
contractors may bid on diplomatic con-
struction or design projects with total
project values exceeding $5,000,000.
The effect is to open those projects
valued at less than $5,000,000 to for-
eign competition, in effect often deny-
ing projects to American firms
.
AMENDMENT No. SIBS An ironic effect of the committee
(Purpose: To reduce the dollar threshold on bill 15 to provide a "Buy American"
contracts for which only U.S. contractors preference for the larger nroiPet_e
may bid)
.... uy rai gc curnpanles,
(Purpose: To narrow the provision suthoriz- while denying such preference for
ing the Secretary of State to wane the re- those projects more likely to be bid on
quirement that U.S. contractors bye used) by small business.
(Purpose: To permit more UnitedlStates My amendment solves this problem
persons to bid on contracts) by reducln from
(Purpose: To require that 10 percent of the g $5,000,000 to
contracts, to the extent practicable, be x500,000 the level at which foreign
amended to small businesses) contractors may compete for projects
involved in this diplomatic security en-
Mr. RUDMAN. Mr. President, I send hancement program. In addition, it
to the desk four amendments vt~hich I provides that only U.S. firms, may
ask to be considered en bloc and ask compete on any projects involving
for their immediate consideration. physical or technical security.
The PRESIDING OFFICER. The FOREIGN PROHIBITIONS ON II.S. CONTRACTORS
clerk will report. Mr. President, the committee bill
The bill clerk read as follows: permits the Secretary of State to
The,. Senator from New Hampshire [IVir. waive the preference for U.S. contrac-
RIIDMAN) proposes an amendment len bloc tors when the foreign countrv has
numbered 2183. i
Mr. RUDMAN. Mr. President, I ask of~U.S.rfirms, wiuc.n pronto)t Lne use
unanimous consent that the reading of Congress of his int ntto do so. notifies
the amendment be dispensed with. My amendment strengthens that by
The PRESIDING OFFICER. With- limiting the Secretary's authority to
out objection, it is so ordered. maivP in ~;r?e?:,........~...__ .~_ ~__
.....6 ~..~.
On page 109, line 4, strike ??E5,ooo,ooo" fil'trls from competing, The amend-
and insert in lieu thereof "E500,000 of which went also requires the Secretary to
involves physical or technical security"- report to the appropriation congres-
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 -- 1 -- J
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June :>, 1986
sional committees on what retaliatory
action, if any, he is proposing to take
under the Foreign Missions Act.
The fact of the matter is that U.S.
Embassies and consulates overseas are
legally a part of the United States. No
foreign country should be allowed
a~ith impunity to dictate Eo our Gov-
ernment who a?e may or may not use
to build or improve the security of our
diplomatic facilities.
MAKING IT POSSIBLE FOR MORE FIRMS TO
COMPETE
Mr. President, the third amendment
addresses provisions which effectively
preclude many firms, especially small-
er businesses, and any new companies
from bidding on these projects.
The committee, in what I believe
was an effort to try control quality,
limited eligible contractors to compa-
nies who had been in business for at
least 5 years and which had achieved a
certain level of business volume. How-
ever, many of the companies involved
in physical and technical security
equipments and installations are
evolving companies resulting from the
recent upsurge in worldwide terrorism.
The committee provision has the
effect of precluding many of these
newer companies from competing for
contracts under this program. With
less competition, the taxpayer will end
up paying more.
My amendment solves the problem
by reducing the 5 year requirement to
2 years and striking the business
volume threshhold.
. SMALL HIISINESS SETASIDE
Mr. President, the fourth amend-
ment establishes a setaside for small
businesses, and now I quote from the
amendment, "to the extent practica-
ble."
The fact of the matter is that the
State Department has a history of pre-
ferring to deal with a small number of
favored suppliers for goods and serv-
ices. Small businesses around the
country a~ho are not in favor find it
almost impossible to successfully bid
on State Department work.
My amendment attempts to address
this problem by ensuring small busi-
nesses apercentage of the available
work. At the same time, it provides the
State Department with the flexibility
to waive these provisions when abso-
lutely necessary.
I might note that I expect the State
Department to have good explanations
if they fail to meet this requirement.
As chairman of the Appropriations
Subcommittee with jurisdiction over
their budget, I intend to monitor their
implementation of this provision care-
fully.
Mr. President, a very brief explana-
tion.
As the committee bill is presently
written, I believe that American com-
panies will in general, have more diffi-
culty in competing for contracts on
Lhe smaller projects.
Accordingly, these four amendments
deal with enhancing the opportunities
for American firms to do the kind of
construction that we are talking about
in support of the diplomatic security
Initiative that this Congress is going to
fund at a very high level this year.
These amendments will enhance the
opportunity of American companies,
both large and small, to .do that work.
It is also the purpose of one of these
amendments to ensure that only
American companies will compete for
projects involving physical or techni-
I believe that fairly describes the
amendments, which have been cleared
on both sides.
Mr. LUGAR. Mr. President, my dis-
tinguished colleague, the Senator from
New Hampshire, has proposed four
amendments which will assure further
p Leading to the prevention, frustra-
from, any proceeds the person obtained, di-
rectly or indirectly, as the result of such vio?
lotion: and
(B) any of the person's property used. or
(mended to be used, in any manner or part,
to commit, or to facilitate the commission
of, such violation.
"(2) The court, in Imposing sentence on a
defendant for a conviction of a violation of
this section or of any other felony in ~~tola-
tion of this chapter, shall order that the de-
fendant forfeit to the United States all
property described !n paragraph (1) of this
subsection.
"(3) The provisions of subsections (b), (c)
and (e) through (o) of section 413 of Lhe
Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. 853 (b), (c),
and (e)-(o)) shall apply to-
"(A) property subiect to forfeiture under
this subsection:
"(B) any seizure or disposition of such
property; and
"(C) any administrative or Judicial pro-
ceeding in relation to such property,
u not inconsistent with this subsection.
"(4) IIpon motion of the United States at?
tonney made at any time after conviction of
a person at a trial conducted under chapter
47 of title 10 with respect to convictions
under sections 904 (article 104), 906 (article
106>. 906a (article 106a), and for comzctions
under section 934 (article 139) that Incorpo=
rate provtsons of this chapter, s court of
competent Jurisdiction shall, if the court de-
termines that the interest of Justice so re-
quires, order such person to forfeit to Lhe
United States all property described in para-
grapoh (1) of this subsection.
"(e x 1) IIpon the motion of the United
States attorney made at any time after con-
viction of a defendant for a violation of this
section, for any other felony In violation of
this chapter, or for an offense described !ri
subsection (d)(4) of thLs section, and after
notice to any Interested party, the court
shall, tf the court determines that the inter-
est of Justice ao requires, order such defend-
ant to torfett to the IInited States all or any
Dart of proceeds received or to be received
by that defendant, or by a transferee or
that defendant, from a contract relating to
the depiction of such offense in a movie,
book, newspaper, magazine, radio or televi-
sion pmdocK,ion, or live entertainment or
presentation of any kind, or from a contract
relating to as expression of the convicted
person's thoughts, opinions, or emotions re?
garding such crime.
(2) An order issued under this subsection
shall require that the party with whom the
defendant contracts pay to the Attorney
General any Proceeds due the defendant
under such a contract.
"(3) Proceeds paid to the Attorney Qener-
al under this subsection shall be paid into
Lhe general fund of the Treasury of the
United States.
(4) As used In this subsection, the term
interested party' includes the defendant,
any transferee of proceeds due the defend-
ant under the contract referred to in par?
agrpah tl), and the person with whom the
detemiant has contracted.
lion, or mitigation of the effect of a felony ties, and it would 811ow rewards for
to violation of this chapter or of an offense those who turn iri information which
described in subsection (d)(4) of ih'is section. leads to the apprehension of spies.
"(2> The Attorney General or the desig- By taking away the proceeds of espi-
neee o[ the Attorney General s2iall deter- Onage and confiscating property used
mine whether an individual furnishing In-
formation described in paragraph (1) is enti- to commit espionage, we will not just
tied to a reward under this section and the be punishing those Convicted of espio-
amount to be paid, except that file author- nage; we will make them think twice
Ity Lo pay s reavard of E1o,000 or >itore shall about entering into the career of
not De delegated to any person other than spying for profit.
the Deputy Attorney General, the~Aasociate I believe that we can make tt harder
Attorney General, or the Director of the for people to get their hands on infor-
Federal Bnresu of Investigation. A determi- motion of this type. We can try to im-
nation made by the Attorney General or the
designee of the Attorney General under this prove detection methods and we will
subsection shall be final and conclusive, and take various steps to increase security.
no court shaD have Jurisdiction or' power to However, until we take away the mo-
review such determination: ~ tivation which has been present, that
"(3) No officer, employee, or member of ~ the financial aspects of spying, a?e
the Armed Forces of the United States or of will not be able to stop what has been
any governmental entity who, whale in the
performance of his or her adficial duties, going on.
furnishes the tnformaton described in Para- Our real job, I think, is to let et'ery-
graph (1) shall be eligible for any monetary one know that no one in this country
reward under this subsection, except that a will be allowed to profit from espio-
person who acts with official approval as an nage.
undercover source or informant, when it is This legislation will allow the confis-
not apart of that person's normal official cation of any of the "proceeds of the
duties Lo do so, may be eligible for such a Sale Of the s
reward. ~ py story, that is of the spy
"(4) There are authorised to be appropri? himself or herself.
aced such sums as are necessary for the pay- The public, I think, has a fascination
went of rewards ceder this aubaection with spies and espionage but infamy
except that no funds may be appropriated should not be the foundation for a
for this purpose prior t0 fiscal year 1987.".
public career or for fiaandai axiceess.
Mr. STEVENS. Mr. President, the I really believe that it is time for us
amendment I present to thel Senate to act to prevent this type of situation
addresses what I consider to be a sera- from developing in our country. It is a
ous .problem that faces our Natiion, the growing threat to our na4Maal aectiri-
question and the problem suiri'odnding ty,
I introduced $. 2664 on September ecutions relating to espiwsage. Since
?17 of last Year to attempt to 'respond 1882 the FBI has arrested 25 individ-
to that problem and that Bill was uals for espionage; 28 have been con-
pending before the Judiciary Commit- victed and six cases art still pending.
tee for some time. It is now before >2s. This 4-year total is the Iai6hest rate
I offer this amendment 'on my for arrest and convictions for espio-
behalf and also Senator DExrON, who nage charges since World War II. I
worked very hard to set the bill out of think the figures speak for them-
the Judiciary Co~amittee, as dwell as selves.
Senators I~tasr, Muss?R'sxl' The lure of money is taki>'rg people
D'~+TO. ~~. Ie=atz, ZoRZNSgy, into espionage. It fs attracting too
Txmt>taoxn, McCoar>rsu., LEViN, Ax- many people and this prime motiva-
Taaws, lirL-rrnict.Y? Aie>t[szsol(ic, and lion is sheer greed.
.There are at least 41 cos ~ Law enforcement officials responsi-
ponsors to
ble for investigating espionage cases
the basic bill. Unfortunately ~I have recognize the common denominator in
bee*i unable to contact all cif them these cases has become the search for
before today so I ask unanimous con- profit. To quote Bill Baker, assistant
sent the remainder of the list be print- director "of the FBI, "It says in the
ed in the RECORD at this point ~ KGB manual, 'Americans can be
There being no objection, the mate- bought.' "
rial was ordered to be printed in the We aze aII aware of the Walker
RscoRn, as follows: family spy case. We are actaally fortu-
Senators Domenici. Heinz, Simpson, note that John and Michael Walker
Glenn, Nunn, Hatch, ChNea, East, ~ Chafee, reached a
Gorton, Kasten, B,udmaa, Goldwater, C3arn, plea bargaining agreement.
Bumpers, Byrd, Boschw[tz, Exon, Nickles, Thy gives us the opportunity to
Iiawkins, Roth, Gore, ibdnor, Grassley, answer questions about Just how seri-
Qusyle, and Symms. ?~ ous the damage done by the Walkers
concerning the security of our country
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June ,~5, 1986 CONGRESSIONAL RECORD -SENATE
has been. The Walkers, however, are
not alone in their Infamy-by any
stretch of the imagination. They have
been joined in the headlines recently
by Ronald Pelton and the Pollards.
There have been several serious
uses In the last few years. The prob-
lem of U.S. citizens selling off national
security information is best illustrated
by a few examples.
Joseph Helmick was arrested on
July 15, 1981. on charges of selling top
secret information about a crypto-
graphic system to Soviet agents He
was awarded the honorary rank of
Colonel in the Soviet Army, and re-
ceived 5131,000.
David Barnett, a former member of
the CIA's Directorate of Operations,
pleaded guilty on October 29, 1980, to
a charge of selling classified lnformar
lion on CIA operations to the 8ovlet
Union. He admitted to receiving
x92,600 for this information. and may
have been paid an additional amount
to try and secure a staff position with
the Senate or House Intelligence Com-
mittees.
William Bell, a former employee of
Hughes Aircraft Corp., was arrested
on June 28, 1981. He was charged with
espionage in connection with the sale
of documents to the Polish intelli-
gence service, for which he received
approximately E110,000.
James D. Harper was arrested Octo-
ber 15, 1983, for selling missile data to
a Polish agent. Harper reportedly was
paid over 1250,000. He pleaded guilty
to one count of espionage, and was
sentenced to life imprisonment oa
May 14, 1984.
In this sampling-which is far from
exhaustive-there is a common factor
which dominates each case. These in-
dividuals were paid fairly large sums
for classified information. Each of
them exchanged a portion of our na-
tional security for their personal gain.
We all recognize that it is time for
Congress to do something about what
has become a pervasive problem. This
is by no means Lhe only response I
expect us to make to espionage. How-
ever, I believe this to be a major step
in the right direction. If we discourage
individuals from selling information
we remove the incentive to commit es-
pionage. I propose that we use the
profit' motive against these perpetra-
tors. This legislation would confiscate
the proceeds of esp[onage activity, and
turn the tables on spies by paying
those who provide information on
their activities.
The tool we would create with this
legislation to fight espionage is very
similar to one available to drug en-
forcement agents. This is very appro-
priate, since the motivation to commit
espionage and to deal In drugs is very
similar. In both cases, the perpetrator
cares little for the consequences of his
actions. The reason for being 1n the
business Is to make money-at say
cost. no questions asked. It is an em-
barrassment to our society.
It is now apparent that) one of the
best ways to strike at drug dealers is
by taking away the profits of their
business. Even though spies are in-
spired by a similar desire, the amounts
of money we are talking about are de-
cidely smaller. At the same :time, the
harm being done is much greater.
Drug use is a plague in this country,
but espionage threatens the nation's
survival. ~
Taken as a package, I believe this
proposal provides a fairly complete re-
sponse to the prime motivation of espi-
onage. It is carefully drafted so that it
affects only those convicted of espio-
nage felonies. The power to grant re-
wards Ls carefully limited to avoid
abuse and excess. This is s good piece
of legislation-one than demands
action now. To put it off lany longer
could doom this Proposal as time runs
In my judgment, it is tune for Con-
gress to do something about this prob-
lem. Ithink the Senate knows that I
have other legislation pending which I
think is sort of old fashioned, but I be-
lieve spies just ought to be shot. As a
matter of fact, the Senator from Ari-
aona told me just now he thinks they
ought to be hung using a loose rope.
I do not think there is anything
about our system in the United States
today that infuriates me as much as
the increasing tendency ofd Americans
to spy on their own Government and
to do so because of the motivation of
profit.
It is time for us to take a~major step
to discourage individuals from selling
information, and it we do Aso, 1 think
we will take action to remove the in-
centive to commit the espionage in the
first place.
As I said, this amendment would
confiscate the proceeds of espionage
activities and turn the table on those
who spy against their awn 'country by
paying individuals who provide infor?
mation on the spying activities. The
tool we would create with this legisla-
tion to fight. espionage is very similar
to that we are using in the drug en-
forcement area. j
I think the Senate is well aware of
that.
Mr. ANDREWS. Will the Senator
yield?
Mr. S1'EVENS. I am happy Lo yield.
Mr. ANDREWS. I appreciate my col-
league yielding and I am proud to join
him in this effort because of all the
kinds of heinous acts against our
people, the selling>out of our Nation's
secrets for profit is perhaps the worst.
You can talk about ideology, you can
talk about people who disagree with
what is going on within ttie Govern-
ment, you can talk about general
spying. They are all bad enough. But
spying for pay for those 40 pieces of
silver has absolutely no place, Mr.
President, is this society of ours.
Spying for profit, selling. out your
friends, your family, your nefghbors,
for a few dollars is the worst, the most
S 842?
treasonable act anyone can engage in
against our people.
I would hope that we would be able
to put this kind of stiff regulation in
wherein we would confiscate any of
the profit, any of the profit from writ-
tng the books or taking part in a movie
Later on, celebrating this great spy
case or whatever it might be. Not only
that, but I am totally inclined to go
along with my colleague when he
quotes our colleague from Arizona in
saying, "These are the kinds of people
who ought to be shot because there is
absolutely no justification for spying,
for espionage, for profit."
I applaud my colleague for introduc-
ing this amendment. We cosponsored
the legislation. It would be my hope
that the leaders of the debate of this
bill will accept this amendment be-
cause it is long overdue.
Mr. ST'EVENS. Mr. President, I
thank the Senator from North
Dakota. He has been in the forefront
of those who have tried the assist to
work out this legislation. I think we
should mention Senator DErrTON, who
has worked very hard to see to it that
the legislation be brought to the floor.
There is no question about it that we
are now dealing with a different phe-
nomenon in our country with this in-
creased activity of espionage for
money.
I have introduced legislation to
make certain that that kind of activi-
ty, espionage for profit against our
own Government, is considered trea-
son.
O 1430
I consider it to be treason and I
think the country believes it is trea-
son. This amendment has been care-
fully drafted. It does not affect those
people who go out and study the ac-
tivities of a convicted spy and present
to the country the story of that type
of activity. What it does is prevent the
person who is convicted of espionage
from profiting from the act and forfeit
whatever that person received in con-
nection with the espionage activity.
There Is no reason to allow them to
keep their ill-gotten gains and there is
no reason to allow them to sell for any
purpose the story of their actions.
Mr. President, I hope that the
Senate will adopt this amendment. It
is time for us to take this action, par-
ticularly 1n view of the namber of
cases that are pending right now in
which substantial sums will be re-
tained by those who have been in-
volved if Congress does not act.
? Mr. MURKOWSKI. Mr. President,
as a member of the Senate Select
Committee on Intelligence I am acute-
ly aware of the problem of espionage
against the United States. Soviet bloc .
intelligence services spare no effort or
expense in a relentless effort to steal
scientific, technical, and defense se-
crets from the West. A single technical
document can save Moscow years and
hundreds of millions of dollars in re-
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S 8428 CONGRESSIONAL RECORD -SENATE
search and development. Super-sophis- United States in certain defense-relat- veto June 2Jr, 1986
ticated U.S. intelligence systems, upon ed areas has been seriouslyleroded by ed forze that others could be reward-
which our security depends, can be the foreign success in obtaining classi- leads to their.arrest information that
compromised in a few minutes by a fled scientific and technical informs. I want to congratulate Senator STE-
traitor with special knowledge. Any tion. In addition, spying has cost our vExs for his initiative, and Senator
reader of the newspaper in recent country billings of dollars ~ in stolen DENTON, chairman of the Subcommit-
weeks knows these are not hypotheti- technology and military secrets. To re- tee on Security and Terrorism, who
cal possibilities; they are case histo- verse the trend, a?e must remove the worked closely with me on the
vies. financial incentive for those
We have seen the emergence of a persons Denton/Leahy substitute which
neu? breed of s who would assist these foreign spies by became the final draft of this bill.
PY. unscrupulous merce- engaging in espionage activity.
navies willing to sell out their country This amendment will remove the fi- Mr. MATHIAS. Mr. President, will
for cash. Spying has become a lucra- nancia] [ncentive and will aid in the Lhe Senator yield for a question?
five business. Men like Walker and battle against espionage. The amend- Mr. STEVENS. I
Whitworth apparently received pun- to the Senator from Mar ylandQuestion
dreds of thousands of dollars for the ment contains three separate provi- Mr. MATHIAS. M
information they provided. Walker, sions. Y question arises
First, it requires that convicted spies from the so-called Son of Sam provi-
now that he has been caught, has em- forfeit all proceeds from their espio- sion of this amendment, which would
barked on a new money-making Wage activities by incorporating by ref- prevent persons convicted of certain
scheme to sell his story to a publisher. erence the forfeiture provisions con- espionage offenses from
The more notorious the author, the profiting by
fatter the royalties. tamed ~ the Comprehensive Drug writing about their crimes. It is surely
Abuse Prevention and Control Act of a repulsive spectacle when an irsdivid-
WhY should espionage pay? It 1870, (21 U.S.C. section 853); ~ ual profits from the commercial ex-
should not, and passage of the amend- Second, it requires that an ~ ploitation of his crimes against the
ment will make sure it does not. It is from publication or television ~nghts to United States, and I am in complete
time to make it abundantly clear that the story on, or interviews of! convict- sympathy with the Senator's effort to
there will be no opportunity for the ed spies be forfeited (Mirroring the divert that profit stream. Nonetheless,
Walkers and their ilk to keep their ill Son-of-Sam provisions contained in 18 I am also concerned about the degree
gotten gains. Espionage is not fun and U.S.C. section 3671)? to which any "Son of Sam"
games. Anyone contemplating spying Third, it establishes a new fund to burdens the exercise of firstramend-
against this country must know that reward those whose information leads went rights. Am 1 correct in my under-
there will be no pot of gold at the end to the arrest or conviction of s ies standing that this amendment is mod-
of the rainbow-only a very long stay .(mirroring the rewazds provision on? eled aster the "Son of Sam" provision
in prison. tamed in the Rewards for Information that Congress enacted in the Compre-
Mr. President, the amendment of- Concerning Terrorism Act, 1 i U.S.C. pensive Crime Control Act of 1984,
fered by Senator STEVExS is right on section 3071). and that now is codified at 18 U.S.C
point. It prevents spies from taking ad- Mr. president, I am pleased that section 3671?
vantage of their illegal activities, and Senator STEVExS has accepted', at my ~? STEVENS. The Senator is cor-
says that spies cannot profit by receiv- suggestion, language which will make
ing financial rewards from book royal- the rect. I aai offering this legislation so
ties, movie rights, and similar arran e. provisions of the amendment ap- that the forfeiture remedies that were
ments. Cleazly, Mr. President, the Forceseconvicntied o esp ona a Armed made available to the Government in
Senate must say loud and clear that ant to the Uniform Code of M Ltar the Comprehensive Crime Control Act
? spies cannot become "media stars" of 1984 with respect to crimes of vio?
from their illegal activities. I ur e m Juice, as well as those individuals lence can be used against those who
colleagues to su g Y convicted under title 18 of the United aze convicted of violating certain spec-
pport this important States Code. ified espionage statutes.
amendment., This amendment represents a neCes- Mr? MATH~? Arcs I also correct
? Mr. DENTON. Mr. President, I rise sazy tool in our fight againsti espio-
in support of the amendment offered Wage. I urge my colle that it is not the Senator's intent to
by my dist[nguished colleague from it.? ~~ to support inhibit [n any way the right of a third
Alaska (Mr. STEVENS) which incorpo- Mr. LEAHY. Mr, president, 1 enl person to write or publish sIl account
rates the substance of S. 1654. The g p of the crimes that a convicted spy
original bill, which was unanimously this amendment Simply tated,I it auj committed against the United States?
approved by the Judiciary Committee apply exLtis~g Federal procedures for Mr. STEVENS. The Senator is cor-
on June 12, 1986, will amend title 18 forfeiture of criminal proceeds, and re. rect. Let me quote from a porption of
U.S.C. to provide for criminal forfeit, wards for informants, to es Iona a the Judiciary Committee's re ort on
ure of proceeds derived from espio- cases, p g the 1984 'Son of Sam" legislation. I
Wage activities and rewards for infor- We have all been shocked by the aan confident that it will help clarify
matrons providing information leading wave of espionage cases that have oc- the scope of thg?forfeiture provision
to arrests in espionage cases. I tom- curved in the Defense Department, that I am offerin
mend Senator STEVExS for his leader- among Defense contractors, and even the ~ I amendment refers to money
ship in this area and I am only too in the intelligence agencies. Perhaps payable to theydetendapnt'sy tr ~fe~ io
happy to ,loin as an original cosponsor the most ominous development was re- rather than ?'an other art
of this arriendment. ensure that innocent third parties, such as
Mr. President, recent events sur- otherd factors maayeThave . otivat d ticipmated nacriminal conductrand who wish
rounding the Walker and other espio- John Walker. to betray his country's to' d Pict the defendant's crime,aare no taf-
nage cases have made it abundantly defense secrets to the Soviet Union, jetted by the proposed rule change.
clear that the threat of espionage is his Cynical attention appeared .to focus (S. Rep. No. 8897 at 8.)
real and pervasive. The Soviet Union, primarily on the money he sto i d to' The "In Cold Blood" example is in-
Its client-states, and other hostile make from his activities.
countries have a massive effort under- This amendment squazely addresses structive here, sinc gthe corresponding
way in this country to amass large the ill- otten ~ Provision in this le illation is not in-
amounts of material about our mill- and the incentiveato turn in those sail- tended to reach an innocent third
tary secrets and technology, petted of this crime. It will be a useful nageywhen that thirdnvicted of espio-
party writes or
the UnitedgStateslhas ccausedetimn o d that espionage will never bessee~n to roundin t
publishes an account of the events sur-
damage to our national security. The pay, and that those actually or Icon- would apply to an
technological lead enjoyed by the templating spying for forei g he espionage offense. It
gn powers the convicted s Y proceeds due to
pY or any part of the
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dune ~~, 1986 CONGRESSIONAL RECORD
convicted spy's share that he has di-
verted to some third person.
Mr. MATHIAS. I thank the Senator
from Alaska for that clarification. I
have one additional question. One of
the statutes covered by this amend-
ment is 18 U.S.C. ?93. As the Senator
Knows, an important case under that
statute was recently concluded in my
home State of Maryland. In that case.
the jury convicted Samuel Morison of
providing certain classified photo-
graphs to Jane's Defense Weekly.
1 raise this point because the pros-
ecution of Mr. Morison under section
793 is unprecedented, has aside-rang-
ing first amendment implications, and
is currently on appeal. Tn other words.
the law in this area may be in a state
of flux. Would the Senator's amend-
ment have any effect on the substan-
tive reach of section 793?
Mr. STEVENS. It is not my intent to
affect in any way the definition of the
underlying offenses to which this leg-
islation would apply. Thus, this legis-
lation should have no impact on the
judicial interpretation of section 793.
It would simply provide the Govern-
ment with the opportunity to seek an
additional remedy against someone fi-
nally convicted under that statute.
Mr. MATHIAS. I thank the Senator
from Alaska.
Mr. STEVENS. Let me amplify the
comments I have just had with Sena-
tor Mnzxtes to emphasize again that
this is not any attempt to invade the
other areas of the Federal Code. Nor is
it an attempt to in any way prevent a
third party from engaging in the busi-
ness of writing either for the print
media or for the air or television
media the stories of those who have
been involved in these kinds of activi-
ties.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Mr. STEVENS. I am pleased to
answer any questions my colleagues
may have.
Mr. METZENBAUM. Mr. President,
I do not think any of us would speak
in opposition to the amendment of the
Senator from Alaska with respect to
the forfeiture of funds gained from es-
pionage or from writing relative to
that or removing pictures. I think we
all support that concept. This lan-
guage is, I think, identical with lan-
guage that has been in the Judiciary
Committee for several weeks.
We have been wrestling with one
aspect of the problem I would like to
discuss with my colleague from
Alaska. That has to do with the ques-
tion of the right of a defendant to
have legal counsel and the concern
that has been expressed that assumes
the individual did engage in espionage
or it was alleged that he did and then
he hires counsel. As I understand it,
under this provision, those funds that
would have been paid to counsel could
be forfeited ss well. As a consequence,
the individual might not be in a posi-
tion Lo be represented by a lawyer. He
is not guilty until he is found guilty.
SENATE S 8429
I wonder whether or not it ~ is the
intent of the author of the amend-
ment to preclude the right of the des
fendant to have legal counsel, even
though it very well might be that
some portion of those funds would be
expended for legal counsel. i Some
thought has been given to giving the
judiciary, the judge handling the case.
some discretionary authority in con-
nection with this subject. Would the
Senator from Alaska care to indicate
his thoughts on that subject?
Mr. STEVENS. Mr. President, we
have no intention of changing the
normal treatment of attorneys' fees in
such circumstances. If an attorney has
reason to know that his client is
paying him the proceeds that he has
obtained by committing a crime, then
the money in the hand of the attorney
is forfeitable. If he does aot have
reason to suspect that, then i is an-
other matter.
It is my understanding that this has
been handled this way m other cir-
cumstances, it does not come up just
in connection with this case. If a
person robs a bank and is on trial and
the lawyer who is defending that
person knows that the money the has
received is part of the loot from the
bank, he cannot keep that. I think
those of us in our profession ~ under-
stand that full well. We are not seek-
ing to change that.
Mr. STEVENS. I say to my~ friend
from Ohio, I understand what he is
saying. I have no intention of ~ chang-
ing the normal treatment of attorney-
client relationship nor the right of the
attorney to be paid. Unless he has
reason to believe that the money he
receives is part of the proceeds of the
crime, we do not affect his status.
Mr. METZENBAUM. I appreciate
the comment of the Senatoi from
Alaska I think it goes most of tihe way
to the thing about which I have con-
cern. But let us assume for the
moment that the attorney were to
know where the proceeds came from
but that for a host of other reasons,
he was convinced that the defendant
was not guilty. The man might have
the money but he might not be guilty
for any one of a number of reasons, in-
cluding the conceivable reason lof stat-
ute of limitations, that it wash out of
the jurisdiction of the court, that
there was some violation of his rights
as to how the information was ob-
tained, that there was sn unlawful
I am not trying to make out a case
for any particular individual, but my
colleague and I are both lawyers. I
think we would both agree ~ that a
lawyer would not be held responsible
or should not be called upon toimake a
judicial determination as to whether
his client is or is not guilty.
I think it is reasonable to assume
that the lawyer taking the individual's
case is taking it on the basis that he-
assuming he is going to put fri a "not
guilty" plea-that he in his mind feels
that there is a chance of having the
defendant found not guilty. All I want
to do is let the individual, whoever he
may be-whether he is accused of the
most heinous crime, and certainly es-
pionage has to be included in that cat-
egory-to let that individual have legal
counsel. Some have suggested that the
courts could appoint counsel, but I
think a?e would agree that if the indi-
vidual had funds, and certainly sub-
stantial funds, it would not be reasona-
ble to expect that the court would ap-
point counsel.
1 have that one reservation concern-
ing the Senator's response, which indi-
cated that if he knew the man was
guilty or where the money came from.
I thinlt he has practiced law long
enough and I have practiced law Iona
enou?h to know that nobody is guilty.
until the court has found the individ-
ual guilty and that every person has
the right to have his day in court.
Mr. STEVENS. Mr. President, we
have been in the practice of law for a
long time, and I was the Government.
attorney in my State for 3 years, and 1
know some of these issues come up in
a hard way.
I say to the Senator from Ohio that
they cannot come under this amend-
ment in any more difficult circum-
stances than they do .in a drug situa-
tion today with all the drug cases we
see, with tremendous funds being re-
ceived by those peddling drugs. When
we do apprehend them, we regain
same of that money. We find that the
defendant has received money a,nd
upon conviction, there are existing
statutes which allow for forfeiture. As
a matter of fact, this bill, as the Sena-
tor knows, is patterned after the drug
statute that requires the forfeiture of
the money received by the defendant
who has been convicted of violating
the law relating to drugs.
I say to my friend that this amend-
ment before us does not require a for-
feiture until conviction and it puts in
the hands of the court that imposes
the sentence the duty to order the for-
feiture to the United States of the
property we have listed as being sub-
ject to forfeiture. It is similar, as I
said, to the drug statute.
Mr. METZENBAUM. I know it
cannot causE a forfeiture of attorneys'
fees as such. That is not indicated by
implication or otherwise. Am I correct
in my understardinng? ,
~ 1440
Mr. STEVENS. The Senator is cor-
rect in the sense that we, of course,
are not trying to require that-but if
the court, following the normal proce-
dures, would find that the attorney
had knowledge of the source of the
moneys he received, the court could
order forfeiture of the moneys in the
hands of the attorney in whole or in
part, depending on what the court de-
cides under the circumstances. But it
is the Comprehensive Drug Abuse and
Prevention and Control Act that has
been the guide and it does, as I said,
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S 8430 CONGRESSIONAL RECORD ' SENATE
that have been received and , -. ~..__..... a.,a. `" ""`~j`'" "'
gives the MANION ~ to
sees fit. r ---V r. ~r~a ~' a~ '~' ~ take a moment to express the issu
the past, and that is with the judge
who presides over the case. Obviously,
what the Senator from Ohio says is
right, that untll conviction the attor-
ney is not in any way in a position of
facing a forfeiture of moneys that
have come into his hands as a result of
his relationship with the defendant.
But if he has knowledge and it can be
shown and the court decides the attor-
ney had knowledge the money the de-
fendant delivered to him was received
from proceeds of espionage or the pro-
ceeds of selling drugs, they are treated
the same. It is up to the court to deter-
mine what should be forfeited under
this statute.
Mr. METZENBAUM. IS it my under-
standing that the amendment of the
Senator from Alaska is intended to be
interpreted in the same manner the
courts have Interpreted the drug?relat-
ed cases?
Mr. STEVENS. That is correct.
Mr. METZENBAUM. I have no fur-
ther questions, Mr. President.
Mr. LUGAR. Mr. President, as a co-
Loav
FIe
to that
campaigne
volved wit,
support on
support in his
sizable city, a
in which indepe
their lot with peo
Mr. President,
of intelligence. Ve
work in behalf of
commena the distinguished Senator qualities which have 1
from Alaska for a very important support in our State
amendment. On our side, we are pre- support from many
Mr. PELL. Mr. President, the collo- I mention all this beC
quy between the Senator from Alaska been, .I have noticed, a
and the Senator from Ohio cleared up paign.of persons who ar'
been with us in approving this amend- ~~~_ the nature of the ar
mend we go forward. lieve he is too conservativ
The PRESIDING OF'F'ICER. Is ~~ and for issues that
there further debate? If not_ the mtac. consider.
agreed to. ~ - predate that others have sa
Mr. S'I'EVENS. Mr. President, I that really is not the issue. We
move to reconsider the vote by which persuaded that persons are eft
~Mr__LUGAR. I move to lay that we are talking about competent
-- -- --- -------_........,, ,,a
agreed Lo. about specific activities as part o
11R~ e+Te.~~~r...... .. _ _ - .. _ _
~4, . asaa a.iui
the Senator from Rhode Island. I ap- that .those who are attempting
w waa ?ca,y 1711.
history on this amendment. a matter of fact, Dan Manion is a ~v
Mr. LIIGAR T thnntr rt,e ae.....,._ ......,.,e.,,... L...___ ~_,_
-a ? ~ a caauis>,ti? ~ suggest the absence Petent public servant, a person, I
of a quorum, lleve of extraordinary force as he' ,;
The assistant legislative clerk pro- presented conservative ideas in ~ t
c7~aAaA to nett ?t.., ._n e.a_._ . _ _ . .
ed, some of them not. Clearly, hey h
thought he lacked confidence) o
tontrea ?L._ _L?lia-. a_ v___ ..
well in public life and with public
Issues. I
^ 1450
' Mr. LUGAR. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFT'ICER. With-
out objection, it is so ordered.
of character, and Geed after tomorrow on. the
e people of the Senator Dnx Qva~ of Indi
to very strong Dan Manion as our constituen
rsons around the merits for this nominee, the n
se there has v
?ti nal
p I ~.
not so well
n. I appre-
ent that
y persons
that Dan
at the
~I aP-
that
e not
i too
ther,
June .25, 1986
a look at this vote on cloture to-
ow, we take a look at another
and that is basic fairness to a
ee, a nominee for a very tmpor-
e that legal scholars have
through the years to try
ink, for the particu-
Republicans or
at the man or
ee; Lhe Presi-
nomination;
nomination.
will prevail
tong vote
^ 1500
Mr. President, I suggest the absence
of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The legislative clerk
call the roll.
^ 1510
Mr. MATHL4,S. Mr. President, 1 ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr.
McCo~vxat.). Without objection, it is
so ordered.
en~:rmx~vr xo. s t e s
Mr. MATHL9S. Mr. President, I send
an amendment to the desk and ask for
its immediate consideration.
The PRESIDING OFFICER. The
clerk will report.
The legislative clerk read as follows:
The Senator from Maryland lMr. 11~-
rxn+s] Droposes an amendment numbered
2186.
Mr. MATHL9S. Mi. President, I ask
unanimous consent that further read-
ing of the amendment be dispensed
with.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The amendment reads as follows:
At the appropriate place Insert the follow-
ing:
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I
June 2a, 1986 CONGRESSIONAL RECORD - SEniATE
TITLE -VICTIMS OF TERRORISM "(B) by insuran
Ce
S 8-131
COMPENSATION
' I "(B) Except as provided in subparagraph
"(d)(1) Except as provided In paragraph (C>, payments shall be available under this
SF.('lt01.5HORTTITLE. (3), the President shall make la cash PaY- paragraph for a spouse or child of an Indi-
This title may be cited as the "Victims of merit to any individual a?ho became or be- vidual who is a captive for education or
Terrorism Compensation Act". comes a captive commencing on or after No- training which occurs-
SE('. ROY. BENEFIT5 FOR CAPTIVES A\D (YfHF,R 1'IC- vember 4, 1979. Such payment shall be "U) after that individual has been in cap?
TIMS uF HDSTiLE A(Tlun. made before the end of the one-year period five status for 90 days or more, and
(a) Irv GE-veRAL.~ubchapter VII of chap- beginning on the date on ahicti the captive '?(ii) on or before-
ter 55 of title 5. United States Code, is status of such individual terminates or, !n ?'(I) the end of any semester or quarter (as
amended by adding at the end thereof the the case of any individual whose status as a appropriate) which begins before the date
following: captive term[nated before the date of the on which the captive status of that individ-
?05569. Benefits for captives enactment of the Victims of Terrorism ual terminates. or
"(a> For the purpose of this section- Compensation Act, before the I end of the ?(II) it the educational or training instltu-
"(1) 'captive' means any individual [n a one-year period beginning on such date. tfon is not operated on a semester or quar?
captive status commencing while such indi- (2) ', payment under this subsection in ter system, the earlier of the end of any
vidual is- the case of any individual held gas a captive course which be
b
f
"
gan
e
ore such date or the
(A) in the civil service, or shall be not less than the amount of the end of the 18?a?eek period folloa?tng Lhat
"(B) a citizen, national, or resident alien world-wide average per diem gate which date.
of the United States rendering personal would be payable to any person under sec-
service to the United States similar to the tlon 5702 of this title, based on=~ In order to respond to special circum-
service of an individual In the civil service (A) a Period of time equal to the period stances, the appropriate agency head may
(other than as a member of the uniformed for which such individual was held as a cap- specify a date for purposes of cessation of
"(2) the term ca five status' means a `?' "1O wuria-wise average per diem rate Alan cne sate watch would otherwise apply
President, arises because of a hostile action volved, was In effect under such section
and is a result of the individual's relation- "(3) The President-
ship with the Government; "(A) may defer a payment under this sub-
"l3) -missing status'- section in the case of any individual a?ho,
"(A) !n the case of an employee, has the during the one-year period described in
meaning provided under section 5561(5) of paragraph (1), I8 charged with an offense
this Lltle: and described !n subparagraph (B), until final
"(B) In the case of an individual other disposition of such charge; and
than an employee, has a similar meaning; _,'(B) may deny such GaYment in the case
" For the purpose of this paragraph.
"(B) anY individual (other than a dannn.i_ individual: and
ent under subparagraph (A)) who !s a ~ci?a means a dependent under section
"(li) related to the captive status of such 5561(3)(B) of this title.
member of such person's family or house- Individual. "(2XA) In order to respond to special cir-
hold. (4) A payment under this (subsection cumstances, the head of an agency may pay
'(b)(1) The Secretary of the Treasury shall be in addition to any other amount (by advancement or reimbursement) acap-
ahall establish a savings fund to which the Provided by law. ~ five for expenses incurred for subsistence,
tread of a,n agency may allot all or any por- ' (5> The provisions of subchapter VIII of tuition, fees, supplies, books, and equip-
tlon of the pay and allowances of any cap- this chapter (or, in the case of any person went, and other educational expenses, whlle
live to the extent that such pay and allow- not covered by such subchapter, similar pro- attending an educational or training institu-
ances are not subject to an allotment under visions prescribed by the President) shall lion.
section 5563 of this title or any other provi- BPPly with respect to any amount~due an in- '?(B) payments shall be available under
Sion of law. dividual under oara?ran), r~, ~..e. ~....,.:_ .. .
average rate paid on United States Treasury (3)(B) !s a claim of the IInited States Gov- uars captive status, and
"(ii) on or before-
bllls with 3-month maturities issued durin
ernment for pur
os
f
p
g
es o
section Sill of title
the preceding calendar quarter. Such inter- 31? "(I) the end of any semester or quarter (as
est shall be compounded quat'terly.
"(3) Amounts in the savings fund credited
to a captive shall be considered as pay and
allowances for purposes of section 5563 of
this title and shall otherwise be subject to
withdrawal under procedures which the
Secretary of the Treasury shall establish.
"(4) Any Interest accruing under this sub-
section on-
"(A> any amount for which an individual
1s indebted to the United States under sec-
tion 5562(c) of this title shall be deemed to
be Part of the amount due under such sec-
tion 5562(c); and
"(B) anY amount referred to !n?section
558611) of this title shall be deemed to be
Part of such amount for purposes of such
section 5568(1).
"(5) An allotment under this subsection
maY be made without regard to section
b563(c) of this title.
"(c) The head of an agency shall pay (by
advancement or reimbursement) any indi-
vidual who !s a captive, and any family
member of such individual, for medical and
health care, and other expenses related Lo
such care, to the extent that such care-
"(1> is incident to Stich individual being a
captive; and
"(2) !s not covered-
"(A) by any Gorernment medical or
health program; or
"(e)(1) Under regulations prescribed by appropriate) which begins before the date
the President, the benefits provided by the which is 10 years after the day nn which the
Soldiers' and Sailors' Civil Relief Act of captive status of that individual terminates,
or
1940
includin
th
b
,
g
e
enefits provided by sec-
lion 701 of such Act but excluding'the bene-
fits provided by sections 104, 1051 106, 400
through 408, 501 through 512, and 514 of
such Act, shall be provided in the case of
anY Individual who is a captive.
"(2) In applying such Act under this sub?
section-
' (A) the term 'person in the military serv-
ice' is deemed to include any such captive;
"(B> the term 'period of military ?ervice' is
deemed to include the period during which
the individual is in a captive status;!and
"(C> references to the Secretary of the
Army. the Secretary of the Navy, the Adju-
tant General of the Army, the Chief of
Naval Personnel, and the Comtna.ndant,
United States Marine Corps, are deemed, in
the case of any captive, to be references to
art individual designated for that oiimnan by
"(f)(1)(A) Under regulations prescribed by
the President, the head of an agency shall
Pay Iby advancement or reimbursement) a
spouse or child of a captive for expenses in-
curred for subsistence, tuition, fees, sup-
plies, books, and equipment, and other edu-
cational expenses, while attending RIl educa-
tional or training Institution. I
"(II) if the educational or training institu-
tion is not operated on a semester or quar?
ter system, the earlier of the end of any
course which began before such date or the
end of the 16-week period following that
date, and
shall be available only to the extent that
such payments are not otherwise authorized
by laa?.
"(3) Assistance under this subsectlpn-
"(A> shall be discontinued for any individ-
ual whose conduct or progress is unsatisfac?
tort' under standards consistent with those
established pursuant to section 1724 of title
38: and
"(B) may not be prov[ded for any individ-
ual for a period !n excess of 45 months (or
the equivalent thereof !n other than full-
time education or training).
"(4> Regulations prescribed to carry out
this subsection shall provide that the pro-
6ram under this subsection shall be consist-
ent with the assistance program under
chapters 35 and 36 of title 38.
"(g) AnY benefit provided under subsec-
tion (c) or (d) may, under regulations pre-
scribed by the President, be provided to a
family member of an individual if-
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i
S 8432 CONGRESSIONAL RECORD -SENATE June 2a, 1986
"(1) such family member ffi held in captive st:c. ea. TRANSITION PRO~7su-NS. I made before the end of the one-Year period
status: and (a) BAVIaICa FIIAD.-ll) Amounts may be beginning on the date on a-hich the captive
"(2> such individual ffi performing service allotted to the savings fund under aubaec? status of such person terminates.
!or the United 6tates as described to aubsec- lion (b) of section b589 of title) 5, United ?(y) The amount of such payment shall be
lion (a)(1)(A) when the captive status of States Code (as added by section 802(x) of determined by the President under the pro-
such family member commences. this Act) from pay sad allowances for any visions of section 5589(dx2) of title 5.
"(h) Except as provided in subsection committed by a person while the
services): and (a> PAVMENTS.-(1) Chapter 10 If title 37, person i6 in a captive status: and
"(2) 'family member', as used with respect United States Code, is amended by adding "(ii) related to the captit?e status of the
to an employee, means- at the end thereof the folloa?ing~ new sec- Person.
"(A) any dependent of such employee; and Lion: I ?'(4) A payment under this subsection is in
"(B) any individual (other than adepend- ??
additi
on to any other amount provided by
g Sb9. Benefits for members held 88 captives
ent under subparagraph (A)) who ix n law.
rota. ??tl) 'captive Status' means 8' missing "" "~~ """"~" uuc n {rerson unQef Ln15
status of a member of the uniformed sen?- subsection shall, after the death of such
"(b) The President shall prescribe regula- ices which, as determined by the President, person, be deemed to be pay and allowances
Lions under which an agency head may pay for the purposes of this chapter.
compensation for the disability or death of ~~ ~~ of a hostile action and ffi a
result of membership !n the unifo I ed serv- ~ (8) Any payment made under paragraph
an employee or a family member of an em- (1) of this subsection that is later denied
Dloyee if, es determined by the President, ices, but does not include a period of captiv' tutder paragraph t3XA)(ii) of this subsec-
the disabllity or death was caused by hostile Ity of a member as a prisoner of war if Con- lion ffi a claim of the United States Got?ern-
action and was s result of the individual's gress provides to such member, in an Act en? merit for purposes of section 3711 of title 31.
relationship with the C3overnment. acted after the date of the enactment of the "(d) A determination by the President
"'1?>asl, for hitnseif, Mr. FIF,CHT, Mrs. HAw-
The Senator from North Carolina [Mr. taxpayer by getting in place the in? Itllvs, and Mr. Boscllwlrz, proposed an
FiELMSI proposes an amendment numbered spectot general office that we mandat- 9mendment numbered 2191.
2190. ed last year.
Mr. HELMS. Mr. President, I ask Mr. LIIGAR. Mr. President, I wish unanimo entrthat theereading of
unanimous consent that the reading of to pose a question to the distinguished the amendment be dispensed with.
the amendment be dispensed with. Senator from North Carolina. The PRESIDING OFFICER. With-
The PRESIDING OFFICER. With- It is my understanding that the out objection, it is so ordered.
out objection, it is so ordered. amendment now has deleted three The amendment is as follows:
The amendment Is as follomc? words in the lanlruarre of iinac ~ d , ~
mg new section: _. ___ __.,, .,,.,,,,,- mr. ti>?:f.naS, I would lie ready to .a.a "`W secuon:
SEI:. 70Y. INDEPENDENT INSPECTOR GENERAL FOR accept that, I Say t0 my friQnd, SEC. 70Y. PROHIBITION ON THE USE OF FCtNpg POR
THE DEPARTMENT OF STATE Mr? LUGAR. Mr. President, we are oRCTHR w~esTf awr~~L. JERUSALEM,
ca) ALLOCArtoff or FUNDS.-Of the funds prepared to ttccept the amendment. None of the funds authorized to be a
authorized to be appropriated for the De- Mr? PELL, Mr. President, on this priatea by this Act may be obligated orpex-
parcment of State for the fiscal years 1986 Side, too, we accept the amendment. Pended for site Requisition, development, or
and 1987. 2.000,000 for the fiscal year 1986 The PRESIDING OFFICER. IS construction of any facility [n Israel, Jerusa-
and 12.000,000 for the fiscal year 1987 shall there further debate?
be available only for the operations and ac- Mr. HELMS, Mr. President, I have lem, or the West Bank, except that
tivities of the'Inspector General for the De- a 383,423,000 shall be available for site acqul-
paI'tment of State, a weed with the managers lof the bill sition, development, or construction to
dent under section 3 of~ he Inspector Geiser- to remove a legislative prohibition Israel of a chancery and residence within
a] Act of 1978, to'conduct those acti~9ties from the amendment agafilst the as_ five miles of the Israeli Knesset building
specified !n section 209tg) of the Foreign signment of foreign service personnel exidstedtbefore June lalgg7,~~ d ~8i
Service Act of 1980, as such section was in to the IG Office at the State Depart- nothing in this section shall require the con-
effect before the date of enactment of this .meet. I have done so because it is in struction of any facility if the Secretary of
Act. fact redundant, The independent IG State determines and reports to the Con-
(b) ABOLIrION~OF PROGRAM IxSYECTOR GEH- at the State Department I must be, gl'eSS that the physical security of personnel
1''ul---(1> Section 209 of the Foreign Service under the IG Act of 1978, in complete
Act of 1980 and section 150cb) of the For- Control of the to ~ employed at that facility cannot be
eitsn Relations Authorization Act, Fiscal personnel Lnl his office adequately guaranteed"
Years 1986 and 1987, are repealed. including their hiring, continued em- On page 91, in the table of contents, after

Mr. LUGAR. Mr., President, I know
of no further amendments.
AM~NDMEN2' NO. 2193 ~
The PRESIDING OFFICER: The
question is on agreeing to ?Amendment
2193. On Lhis question, the yeas and
nays have been ordered, and the clerk
will call the roll.
The assistant legislative clerk called
the roll.
Mr. SIMPSON: I announce that the
Senator from Rhode Island [Mr.
CHAFEEI, the Senator from (Florida
[Mrs. HAwxrNSl, the Senator from
Nevada [Mr. HECxTI, the Senator from
Nevada [Mr. LAXALTI, the Senator
from Oregon [Mr. PACxwoon] and the
Senator from South Carolina [Mr.
TxvRMONDI are necessarily absent.
I further announce that, if present
and voting the Senator from jF7orida
[Mrs. HAWKINSI, and the Senator
from South Carolina [Mr. THUSMOxnI,
would each vote "yea."
The PRESIDING OFFICER. Are
there any other Senators in the Cham-
nays 0, as follows:
[Rollcal] Vote No. 151 Leg.]
YEAS-94
Abdnor
Glenn
Metzetibaum
Andreas
Goldwater
Mitchell
Armstrong
Gore
Moynihan
Hnucus
Gorton
Murkodvski
Bentsen
Gramm
Nickles
Biden
Grassley
Nunn
Bingaman
Harkin
Pell
Boren
Hart
Pressler
Boscha?itz
Hatch
Proxmi
re
Bradley
Hatfield
Pryor I
Bumpers
Heflin
Quayle
Burdick
Heinz
Riegle
Eyrd
Helms
Rockefe
ller
Chiles
Hollings
Roth
Cochran
HuatphreY
Rudm
Cohen
Inouye
Sarbane
s
Cranston
Johnston
Sasser
D'Amato
Kassebaum
Simon
Danforth
Kasten
Simpson
DeConcini
Kennedy
Specter)
Denton
Kerry
Stafford
Dixon
lautenberg
Stennis
Dodd
Leahy
Stevens
Dole
Levin
Symms
Domenici
Long
Trible
Durenberger
Lugar
Wallop
EaBleton
Mathias
Warner
East
Mataunaga
Weicker
Evans
Mattingly
Wilson
Exon
McClure
Zorinsky
Fbrd
McConnell
1
Garn
Melcher
NOT VOTING-6
Chafee
Hecht
Packwoo
d
Hawkins
Laxalt
Thurmo
nd
So the amendment (No. 2193) was
agreed to.
^ 1850
Mr. DOLE. Mr. President, I move to
reconsider the vote by which the
amendment was agreed to.
Mr. LUGAR. I move to lay) that
motion on the table.
The motion to lay on the table was
agreed to.
Mr. LUGAR addressed the Chalir.
The PRESIDING OFFICER.i The
Senator from Indiana.
June 25, 19b o
Mr. 'LUGAR. I ask unanimous con-
sent that- the Senator from South
Carolina [Mr. THURMOND) be added as
a cosponsor to the Byrd amendment.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
There will be order in the Senate.
There is too much conversation.
Please remove your conversations to
the Cloakroom. We cannot hear the
Senator from Indiana.
Mr. KASTEN. Mr. President, I
wonder if the distinguished Senator
from Indiana will yield for a question?
Mr. LUGAR. I am happy to yield.
Mr. KASTEN. I am advised that the
funding contemplated by this legisla-
tion will provide an increase of about
400 new positions for the Department
of State's diplomatic security services.
Mr. LUGAR. The Senator from Wis-
consin is correct.
Mr. KASTEN. Mr. President, it is
my understanding that some of the
new positions authorized in this bill
are to be assigned on a nonreimbursa-
ble basis to the small security office of
AID. It is my understanding that the
discussions have focused on approxi-
mately 15 positions. This arrange-
ment, which 1 strongly endorse, re-
sults from discussions between the
Foreign Relations and Appropriations
Committees with appropriate officers
of the Department of State and AID. I
wonder, Mr. President, if my under-
standing on this point is shared by the
distinguished chairman, the Senator
from Indiana.
Mr. LUGAR. Mr. President, the dis-
tinguished Senator from Wisconsin is
correct in his understanding. A key
consideration in this legislation is the
necessity to fix responsibility for secu-
rity of our diplomatic personnel in one
officer, the Secretary of State. Section
106(a) of the act, however, in the in-
terest of organizational effectiveness,
vests authority in the Secretary to del-
egate operational control of overseas
security functions of other Federal
agencies to the heads of those agen-
cies who remain fully responsible to
the Secretary of State Ln the exercise
of those delegated duties. In terms of
day-to-day security operations, the
AID security group must be able to
execute and administer for AID's over-
seas personnel the Department's secu-
rity standards and policies. It is with
this requirement in mind that the De-
partment of State and AID have deter-
mined that a limited number of these
new positions, as the Senator from
Wisconsin has indicated, should be
made available to AID, funded from
the supplemental appropriations pro-
vided under this bill.
Mr. KABTEN. I thank the distin-
guished Chairman, Mr. President. I be-
lieve the arrangement we have dis-
cussed here will enhance the effective-
ness of this legislation by insuring
that AID has sufficient resources to
fully support the Department's securi-
ty requirements In these hazardous
times.
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June l~, 1986 CONGRESSIONAL REC I RD -SENATE $8471
Mr. DENTON. Mr. President, the processed. The barriers Ilso extend to firsthand Inspection of their claims of
shocking hijacking of TWA flight 847, pharmaceuticals, chemicals, books, fruit fl~? infestation, but to date, the
Eg5?ptAir 648, the airport massacres in and movies, which arel denied fair Korean Government has not yet re-
Rome and Vienna and the bombing of market access both through tariffs sponded to the invitation.
TWA flight 840 underscores the neces- and quotas and by refusal to provide Let me mention briefly a few other
silt' for effective security at airports in adequate protection for intellectual entrenched barriers. Korea mafntains
this country as well as abroad. The property. I a senseless 80-percent tariff on United
aftermath of these bloody terrorist Mr. President, in the ariea of agricul- States raisin exports. There is no logi-
episodes demonstrated that lax airport tare, South Korea maintains the most cal justification for this barrier since
sPCUrity may have provided the oppor- protectionist import policy of the there is no raisin industry !n South
tunny for terrorists to carry out their newly industrialized countries in Asia. Korea to protect. The California
grim mission of vengeance and death. The list of trade barriers particularly Raisin Advisory Board has shown a
Mr. President, the United States to high-value or specialty crops, is ex- positive and aggressive business atti-
must take a lead in securing its air- tensive and entrenched.ILet me just tude by developing a marketing pro-
ports from access by terrorists and point out a few examples. gram in Korea using targeted export
must also work with the international The Korean Government, on Janu- assistance funds. Their efforts will be
community to prevent the loss of lives art' 1, 1986, implemented a compre- wasted if this trade barrier remains
of innocent air travelers at the hands hensive plan to protect I their Indus- Intact.
of terrorists. To allow this Nation to tries from agricultural imports. They Finally. Korea was silo a country
take such a lead, I introduced S. 2488, attempted to justify these nea? import designated by the USTR under the
the Antiterrorism and Air Security restrictions by arguing that balance- Wine Equity Act, which I authored in
Act, a bill which a?as referred to the of-payments problems force them to 1984, as a country that has significant
Commerce Aviation Subcommittee preserve foreign currency. A Korea market potential for United States
chaired by my distinguished col- Trade News article on December 8, wine sales, but maintains trade bar-
leagues from Kansas, Senator KnssE- 1985, outlined this management plan riers, including tariffs, inhibiting such
snuM. that would be used Lo effectively con- wine trade. Corsultations with Korea
The Antiterrorism and Air Security trol imports. This plan included sever- to rectify these trade barriers have
Act will require Lhat a criminal history al actions that are injurious to Califor- produced no results t.o date.
check be conducted on any airline or nia. ~ Now, outside the area. of agriculture,
airport employee whose duties permit For? example, the Ministry of. Agri- there have been some promising signs.
them access to secured areas of air- culture and Fisheries has been sending For example, there are press reports
ports or to commercial aircrafts. The letters to importers of I raisins and that the pending actions against
act also proposes to make it a Federal citrus fruits informing them that im- Korea brought under section 301 of
crime to enter airport secured areas porting such goods is contrary to the the Tra,d~ Act of 1974. covering lnsur-
without authority. The latter provi- policy of conserving foreign exchange, ance and intellect:aa! property, are
lion is intended to deter the unlawful and urging them to work with their
circumvention of airport security sys- customers to reduce the ivolume Progressing significar_tlp. Also, we are
par- eagerly awaiting c'ra~;ges in Korean
terns as well as the unauthorized gene- chased. laws that will allow United States film
tration of secured areas on airports. South Korea has also tightened distributors to do business in Korea.
Such activity must be forcefully pro- quarantine procedures agauvst Califor- Nevertheless, there are so many
scribed by Federal law to combat any nia citrus and requires our citrus Lo be other important disputes to be settled,
threat of terrorist activity against civil subjected to 2 weeks of (zero degree that we must press for continued im-
aviation in this country. temperatures. This seriously reduces prorement in order to a.Ilow for con-
Mr. President, I had considered of- the high quality of our fruit, and is an tinued designation of the Republic of
fering the substance of S. 2468 as an unjustified nontariff barrier. Korea as a beneficiary under GSP
amendment to the bill currently being The other measures that went into
after the completion of the general
considered. However, after talking effect on January I include a contin-
with Senator KessESavn~, chairman of ued suspension of all high quality beef review prior to January 4, 1987.
the Aviation Subcommittee, who imports, and imposition of quotas on Mr. President, I commend the distin-
shares my concern over the safety of frozen potato imports designed to keep gutshed Senator from Kentucky CMr.
our airports, we concluded that it imported french fries out of supermar? McCoxtaEt.Ll, for bringing, the present
would be beneficial to conduct a joint kets. troublesome situation in United
Judiciary Security and Terrorism Sub- The U.S. Agricultural Counselor in States-Korean trade relations to the
committee/Committee Aviation Sub- Seoul, in a report he submitted on De- attention of the Senate, and 1 sincere-
committee hearing on the question of cember 23, 1985, concluded about ly hope that we can settle this matter
airport security in general and S. 2468 these measures that "Traders in food quickly and comprehensively.
in particular. products all report that they are exile- ne~xxn~r xo. s~so
Therefore, at this point I will not riencing overt pressure (letters and Mr. THURMOND. Mr. President, I
offer S. 2468 as an amendment. warnings) and indirect pressure (extra rise today in support of the amend-
I look forward to working with Sena- redtape and unexplained delays) went by Senator McCoxtvtna, to the
for Knssteatn~ in our joint effort to aimed at discouraging imports of con- diplomatic security ,bill. This amend-
protect our Nation's airports. lamer-ready products, and that this went expresses the sense of the
xoxEna rRene panrricss-exsxnMExr xo. pressure has been increasing in recent Senate that the Republic ~f Korea
silo months." I should not be treated as a beneficiary
Mr. WILSON. Mr. President, I a-ant In particular, the Koreans' move to developing country under the U.S.
to join with my colleague and friend tighten quarantine procedures has fo- Generalized System of Preferences
from Kentucky, Senator McCoxxEi.1., cased on California citrus, which !s re- until Korea discontinues its "unrea-
in denouncing the blatantly unfair quired to be subjected to 2 weeks of sonable, unjustifiable, and discrunina-
and protectionist trade practices of zero degree temperatures. The Kore- tort' acts, policies, and practices" with
the Republic of Korea. This country, ans have unilaterally and incorrectly respect to trade. This amendment is
which has benefited so greatly from declared all California citrus to be in- identical to Senate Resolution 389, of
its friendship with the United States, felted with the Mediterranean fruit which I am a cosponsor.
should not so cavalierly maintain old fly, in spite of the fact that the USDA Last month, the President of the Re-
trade barriers nor continue to erect gave California citrus a clean bill of public of Korea made a commitment
new ones. Yet, Mr. President, it does. health over 3 years ago. I to Senator I~cCoxxsct, that the Na-
The barriers run from high technol- In early December of last year, the tional Assembly of Korea would pass s
ogy goods and electronic products to USDA incited Korean scientists to bill to privatize the Koreas tobacco
agricultural goods, both fresh and come to the United States to make a monopoly. Yesterday, the Korean Na-
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S 8472 CONGRESSIONAL RECORD- SENATE June ~~~, 1986
tional Assembly completed its special example, that rural unemployment lions, farm labor organizations. agri-
session. Not only did this bill not pass data-one of the most salient pieces of cultural universities, and agricultural
the Assembly, but the entire bill R?as information on the well-being of rural scientists-unanimously passed a reso-
withdrawn. I am disappointed that the America-are tragically underestimat? lution that the Bureau of the Census
Koreans did not carry through with ed. Beyond shaky statistics on employ- and the agricultural division should
this commitment. ment is evidence of even higher levels move ahead a+ithout further restrain[
Mr. President, this action by the of underemployment in rural areas. to finalize plans for the critically im-
Korean Assemble is particularly disap- Studies of such topics are reported in portant 1987 census of agriculture.
pointing in view of the fact that Korea anew publication, "NeR+ Dimensions Mr. President, I ask unanimous con,
continues to flood our market with in Rural Policy," which has been pre- sent that their resolution be printed in
textile imports. For calendar year pared through the Joint Economic the RECORD at this time.
1985, Korea was the source of over 10 Committee.
percent of the textile and apparel im? Another rural-related topic Chat ob- AESOLIITIOx
ports coming into the United States. viously requires more detail and alter- Whereas the recent and ongoing agrtcul?
In fact, their total shipments of over lion is agriculture. Agriculture re- tural and rural crisis demands quality
1.1-billion-square-yard equivalents was mains the dominant force behind eCO- census data including economic and social
second only to the total sent to the nomic and social well-being in many agricultural statistics,
United States by Taiwan. hundreds of our counties and, just as Whereas the U.S. census of agrtculture
Many of us have hoped that the Ko- important, is the major national Indus- provides data [or the Nation. States, and
rears mould open their market to try for rural and urban jobs alike. Yet, rtes Lhe3federated respon. ib 1 ty forrus all ar-
American businesses. U.S. businesses the U.S. census of agriculture is facing v~+hereas we share the goal of obtaining
would like to trade with the Koreans. restrictions from Office of Manage- high quality agricultural census data at the
Unfortunately, this latest action ment and Budget. on top of continued county level for use by Federal agencies.
shows a lack of commitment on the funding difficulties es the Census State governments, local county agencies,
part of the Koreans. I am prepared to Bureau gears up for the 1987, collet- businesses, and private groups.
support legislation Lhat would Correct lion of data on farms throughout the.Whereas the mail-list development proce-
THREATS TO THE IMEGAITY OF RIIRAL AND IARM ~ Perhaps at no time has there~~~ been a 1987 census, follow-on sun?eys, and future
censuses,
STATISTICS greater need for a better count of our Whereas the census of agriculture !s faced
Mr. ABDNOR. Mr. President, by of- .farms, farm operators, and indicators with the externally imposed prospect of
facial count. more rural people live in of what has been happening to our moving from a methodology dependent
the IInited States today Lhan at any farms. American agriculture and Nun- upon carefully developed lists with nonfarm
other time in history. This probably dreds of thousands of farmers in this names to an optional combination of mail
comes as a surprise to many Ameri- proud land have taken a beating far lists and area samples,
cans, rural and urban alike. too long. There is a strategic need to Whereas the loss of a large mailing list
This highest-ever number of rural know how farms have changed since Rill make it impossible to produce detailed.
Americans occurs despite the fact that the last census of agriculture in 1982. county level data,
only 26 percent of our total U.S. popu- We need more information on the fat- Whereas the quality and comparability
lation is rural. It is this R?1th pre~dous censuses would be lost and
percentage tors that have torn at our way of any follow-on sun?eys such as a farm ti-
that is so often cited to indicate a de- farming, factors that have stressed in- Hance survey would be impaired, and
cline in the rural population. For dividuals and farm families, factors whereas list development for the next
while half of the nation vras rural at that have strained or collapsed so census would also be adti?ersely affected,
the end of World War 1, about one- many rural and farm communities, It is resolved that:
fourth is today. Rural population and factors that are sapping one of The Advisol?y Committee on Agricultural
growth has always been a part of our America's strengths, Statistics supports the commitment of the
country's overall grott?th, yet, only the The burden of ignorance of these Bureau to presen?e and enhance the integri-
declining percentage seems to receire matters is severe. To address the ongo- ty of the data at the National, State, and
attention and, by implication, to the ing rural and farm crisis and to' better the important county levels.
detriment of rural inhabitants. manage long-term changes, we need We support the Bureaus efforts to en-
Still, and contrary to conventional quality data from our national agen- Nance mail list development and experimen-
hearsay, the number of rural people is ties which provide it. Indeed, the pro- tation R?ith data collection techniques which
groR?ing rather than shrinking. Ac- vision of these data is a national re_ ~?ill improve lists and response rates.
AS in the past, we support the concept of
cording to the latest figures available sponsibility to the federation of our area samples as a supplement to State esti-
for 1984, over 61 million people are States and to local areas. mates but feel that area ss.-npling cannot re?
rural residents. This number approxi- All Americans benefit from this in- place the need for county level estimates.
mates the number of all people in our formation. With quality data on rural We recommend that the solution to qual-
country acentury ago. and agricultural situations, citizens, ity agricultural census data R?ith integrity at
There are as many rural Americans scientists, and policy analysts can the National. State. and county levels lies
as all who live in the Nation's eight better provide the suggestions which not in budget cutbacks or in mail list restric-
largest cities-New York. Los Angeles, can lead to valid, lasting rural and lions but, instead, in the base of tried, dem-
Chicago, Philadelphia, San Francisco, farm policies. onstrated, and improved data collection
Detroit, Boston, and Houston. Illus- Today I call for quality data on rural techniques carefully developed throughthe
Crated in other ways, rural people in and farm America. The integrity of a ire I recommends thatsuthe agricultural
total outnumber the combined popula- rural and agricultural data must be census mailing list have an adequate
lion of the three largest States es well protected and enhanced. Without aC- number of addresses to maintain previous
as that of the 30 smallest States. curate knowledge of the problems, at- levels of completeness, as recommended by
There are nearly as many rural people tempting policy solutions may be inef- the Census Bureau, !n the range of 3.7 to 4.0
as there are persons under age 18 fective, wasteful, and even counterpro- million addresses.
across the United States. The number ductive. The millions of our citizens Mr. President, let us not fail aural
of rural people in America is simply a who are facing the special problems of and agricultural America for lack of
large number by any national compari- rural America certainly rate fair and knowledge Lhat is within our grasp.
son. comprehensive data on their condi- Rather, let us gain knowledge upon
While we can noR? realize that the lions. which to base sound solutions.
rural population is large, we cannot Late last week, the Census Adt+isory Mr. LEAHY. Mr. President, I rise to
know as much as we need to know Committee on Agricultural Statistics- voice my strong support for the Diplo-
about this major component of our so- a group of representatives from: agri- matic Security and Anti-Terrorism
ciety and economy. Studies tell us, for cultural businesses, farm organize- Act.
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t
Against Hostage Taking A' ft H' p eg-s a ion before the Senate minority member'of the Commit
~ ee on
- Ircra t- today
I
June Z~, 1986 CONGRESSIONAL RECORD -SENATE
S 8=73
With the increase in recent years of better management. This bill will Mr. BYRD. Mr. President, I will only
terrorist attacks against Americans insure that existing resources are used be I minute. So that the distinguished
and American installations overseas, in ways which save lii?es and protect Senator from Maryland will get the
Congress has enacted a number of im- American interests. That is exactly floor, I only want a minute, and I yield
portant pieces of antiterrorism legisla- what we should be doing. and I urge the floor.
lion. As the ranking member on the my colleagues to vote for it.
Subcommittee on Security and Terror- Mr. THURMOND. I rise to com- Mr. MATHIAS. Mr. President, I
ism, I am proud to have worked closely mend Senator Lvicex and Lhe members oneethat I ha eo discussedt withuthe
with Chairman DEMON on many of of the Foreign Relations Committee chairman of the Committee on For-
those measures. They include the errs- for their efforts in bringing this im- eign Relations and with the ranking
bling legislation for the Conventions ortant 1 1
'
or
Ism as Increased dramat;cal- Mr. President, I ask unanimous con-
tionally Protected Persons. A program ly in the last 5 years. I am particularly sent that conferees on behalf of the
of antiterrorism assistance to foreign concerned that much of the terrorist Senate Governmental Affairs Commit-
countries has been established, a re- activity has been diiect.ed against tee be appointed specifically to deal
wards-for-information fund was au- United States' interests and installs- with the Grassley amendment to H.R.
thorized and funded, and a major air- lions abroad. The vicious attack in 4151.
port Security mes~curP maa ~ri.,.,~o,a ....,. __ . _ _ _
.
Foreign Relations.
jacking and Crimes Against Interns- Terr
' h
tacks on United States Embassies in `"~"`~"" .~ a c,rac u,uswawon oI ter- two sections of the District of Colum~-
Iran, Pakistan and Libya, Congress rorism specifically targeted at our bia Code from the law which prohibit
embarked on a 5 Nation. The tragedy in Beirut and and set penalties for interference with
year Security En- other acts of terrorism directed at foreign diplomatic and consular of-
yearly supplemental fundds forprover American officials abroad raise impor- fices, officers, and property. In addi?
seas security. Total State Department tart questions concerning the physical lion, the amendment would bring the
funding for security since 1980 has to- security of United States' Embassies District of Columbia under the juris-
taled over 31.4 billion. and our other installatiins throughout diction of Lhe Federal proscriptions
the world.
spent on security during the past 6
years, this legislation demanded care-
ful scrutiny by Lhe Congress. The ad-
ministration requested almost 34.4 bil-
lion for diplomatic security over the
next 4 years. That would amount to a
fourfold increase !n funding over the
past 6 years, at a time when we are
making major cuts in Important do-
Passage of the Diplomatic Securit contained in 18 U.S.C. 112. As such, it
y is a matter which is arguably within
and Anti-Terrorism Act Hof 1986 is nec- the jurisdiction of the Subcommittee
essazy so Lhat our Nation can better on Governmental Efficiency and the
defend against terrorists attacks. This District of Columbia of the Govern-
legislation establishes the Diplomatic mental Affairs Committee. For this
Security Sen?ice (DSS> Ivt-hich will be reason, I ask that representatives from
responsible for the security of our Em- that committee be appointed to the
bassies. The DSS will operate under conference to address this amend-
the supervision of the I Secretary of ment.
State. Substantial .capital improve- The PRESIDING OFFICER. The
menu to existing diplomatic facilities S
enator is advised aye have not yet ap-
never make our embassies impenetra- ~ order to improve security are au- pointed conferees on this bill.
ble. We must resist the tendency to thorized by this bill. The necessary Mr. MATHIAS. My unanimous con-
adopt a "bunker" mentality, whereby construction work is to Ibe performed sent was when they are appointed that
our embassies become fortresses and by American contractors. there be conferees on behalf of the
our diplomats cut off from the eo le Mr. President, this legislation is of Governmental Affairs Committee on
P P vital importance in order to protect
of the countries where they are sta- Americans who serve our Nation over- that specific amendment.
tinned. If we allow the fear of terror- seas. I urge its passage. ~ The PRESIDING OFFICER. Is
ism Lo overwhelm us, the terrorists The PRESIDING OFFICER. If there objection? Without objection, it
will have won an important victory. there be no further amendment to be is so ordered.
They will hold this entire country hos- proposed, the question [s on agreeing Mr. MATHIAS. I thank the minority
age' to the committee amendment in the leader.
I support strong measures to combat nature of a substitute. I Mr. BYRD. Mr. President, if I might
terrorism. I have often recommended The committee amendment was have 30 seconds.
that we develop a comprehensive agreed to. The PRESIDING OFFICER. The
counterterrorism policy. Such a policy The PRESIDING OFFICER. The minority leader.
should be based on diplomacy, and in- question is on the engrossment of the Mr. BYRD. I compliment the man-
clude the ability to deter terrorist at- amendments and the third reading of alter sad the ranking manager, Mr.
tacks by extraditing and prosecuting the bill. Ltlcax and Mr. PEt.t. respectively, on
terrorists, and, if necessary, the dis- The amendments were I rdered to be the skill and the great dedication to
criminate use of force. Finally, we engrossed and the bill to be read a the sense of purpose which they have
must do what is reasonably possible to third time. ~ demonstrated in handling the embassy
protect our diplomats stationed over- The bill was read a third time. security legislation. At all Ames they
5e~' The PRESIDING OFFICER. The exhibited great forebearance,
I believe that this bill, as reported bill having been read the third time, pa
tience, and understanding toward
from the Committee on Foreign Rela- the question is, Shall it pass? those Senators who sought to bring up
lions, is a good compromise. It author- So the bill (H.R. 4151), as amended, amendments. I thank them for the
izes appropriations for diplomatic se- was passed, good job that they have done on
curity and antiterrorism totaling 31.1 Mr. DOLE. Mr. President, I move to behalf of the Senate.
billion for 1986-87, rather than the reconsider the vote by which the bill, Mr. President, I yield the floor.
34.4 billion over 4 years proposed by as amended, was passed, I Mr. LUGAR. Mr. President, I thank
the administration. Mr. PELL. Mr. President, I move to the majority leader, and the minority
In arriving at this amount, the com- lay that motion on the table. leader, for their cooperation.
mittee considered that not all funds The motion to lay on the table was Mr. BYRD_ >utr ~,-p~;.+o?+ ,.,
previously appropriated for security ~o,~oo,~ +., ?" ?"'
?uYC peen spent, Lnat some of the ad- Mr. BYRD and Mr. MATHIAS ad- can hear the dirt n Senate so that we
ministration's goals do not directly dressed the Chair. ~ the bill? guished manager of
relate to security, and that others can The PRESIDING OFFICER. The The PRESIDING OFFICER. Will
be accomplished with less money any Tlarn nnre+in 7u..Ae..
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I
S 8474 CONGRESSIONAL RECORD -
We are asking for order in the Senate. down confu'mat.lon. That arguinenEis ensEure that only thoseune ~~. 198ti
The Democratic leader's request a?as disingenuous. The simple troth is too
well made. Please desist from further man people best
conversations. Y Members of this body will vote ablyirepo ted'abyotheJ udicaary Com-
The Senator from Indiana. for any administration nominee a?ho is mittee.
Mr. LUGAR. still breathing. The Justice Depart- I completely agree with the views ex-
tion to my thank rt pthe majorityand Pre denit Reagan Lo submit Mr. Man- ..n.,..o..,:..,. ____
minority leaders, I thank, of course. the inn'c .....,,,:__.,__ persuaded pressed by Senator THURMORD in 1979
General Meese that we expectLfuture Daniel Manion's nomination a?as not
judicial nominees to meet at least min- favorably reported by the Senate Judi-
imum standards of competence. ciary Committee, and for good reason.
Mr. Manion's nomination isl in trou- He ~ not an individual of ' su
ble for one reason onl his I perior
Y- iextreme quality and merit." Nor is he among
lack of qualifications. He hasp had no the "best qualified for a
experience tri PPointment."
briefs in State courts border on lli H= The composition of the Seventh Cir-
cuit Court of Appeals and the creden-
~Y? He insulted the Supreme Court tials of the 13 judges now serving on
by defying one of its key decisions in- that distinguished bench
terpreting the Constitution. lie is op- Point. prove the
posed by the deans
Si
f
f
x o
o
a long list of
the 13, almost half of the cur-
THE JUDICIARY major law schools throughout th rent bench were ai
d
a ng talk with o ed to confirm cult were nothing nea? to these six
him in my office and fo dozens of President Reagan's conserv- judges.
very open, honest, and dace h Howe ative judicial nominees-but they have ~ additional five members of the
er, measured against the quali ' ations all had adequate qualifications. seventh circuit had distin
needed for a Federal circuit ourt Manion flunks the test, not because he themselres as faculty membersat law
judge, he simply does not measur ~ conservative, but because he I~ not schools prior to their appointment.
in experience or legal scholarship, p' qualified. If the President wants to Their experience obriousl
cause of his lack of - Point the fin er of blame for this Y qualified
qualifications g them to meet the challenging tasks of
must oppose his nomination. fiasco, he need point no further than the Federal a
In my opinion, it is a shame that Mr. Meese for setting the standard of roles require an excleptional abilitBy to
Manion has to bear the weight of criti- q ifications so low. analyze complex questions of law and
cism which has been most severe. This ct, the shoe is on the othe I foot. explain their views in clear, concise.
criticism should mere r~,,,,e~,.. L_ _ Mr? on's lack of ~,~a,;s;,._.:!__ . awe ,,..-__.,.
dr
or the Seve Circuit which ?r egged across the trail of Senate whole. The skills and experiencearea
concerns me very muc deed. debate to confuse the real issue. quired for members of the seventh cir-
Ihad the benefit of Democrats have y t
committee who have ~ ~~?' "' ?ur
markup and debate on this eg~islation.
Also I want to thank the members of
the staffs on both the majority and
minority sides, and all Senators for
Riving us this opportunity.
Mr. PFr.t.. Mr. president, I concur in
these thoughts of the Senator from
Indiana. I am very grateful to him, to
our staffs, and to the leadership which
helped us keep this bill on the road.
r
y judges at the
roM~ r~oN or aexra. ~. >~nxrox, oe nvaiex~, country, and, compoundin a ea
g all of his time of their nomination to the sev-
ro s s, crxcIIrr Jvncg rox riu sc~nvrti other demerits, he refused to come enth circuit. Each had demonstrated
ciRCCi clean in his Senate confirmation hear- an ability to analyze complex legal
Mr. P In view
fng. Iss
f t
o
he fact that
ues and judicial precedents, to apply
for the mo nt I have the floor, I Mr' Manion is a conservatile-but the law to the facts in complex cases,
R?ould like to ide into another sub- ideology is not Lhe issue in this debate. and to write lucid, well-reasoned judi-
ject, the subjec f Daniel Manion to In fact, the issue of ideology is a red cial opinions for the guidance of other
be a judge in th U.S. Court of A herring in the literal sense-a false courts, the bar, and the co
peals f p- od
_
cial qualifications that would have and effective set of standards guide served on the bench, he haH.c npvo never
permitted me t~ vnrn s... ~.,- . - _ _ the committee to t+~ e...,,.._.,__ _ ,.. _
~
o h
n
school rooms, ass Federal the distinguished qualifications of the
Rather I only wish that he had the ju- '~~eS' ~ order to develop orliable judges h
di '
a
er s precepts or o ttee, we Iheid By comparison, Mr. Manion has no
because he wanted the Ten Comm specific hearings on th elections and experience even remotely ap r
and- confirmation prp
menu displayed i
'
a
c a Poor selec- a was nominated of the seventh circuit had been rs
Lion for this nomination. solely beta of his conservative ide- tieing attorneys for 25 prac-
I would add here that I am not ology and no or any distinctiin in time of their a yearn at the
amongst those who have criticized the law. of them had sub tantial litigation ea
Dan Manion because of his In 1979, when I chairman of the Perience In the Federal courts
th beliefs or Senate Judiciary C
his loyalty to his f
~crvea ror those in - ----? "" .`- ue a r?e 1 circuit u --_-. ?" ---- --??`~"""~ ocrul5.
the executive that it s eats hj ~e ~ so striking The remaining two current mamb
branch who made su h
??~ .~~~C, irie exec-
----' I g peen a faculty member at ?an ..`vcr
utive branch would send u _ During the course of those hearin school, and he has never had an law
who are qualified and whom wediri tthe minority mem erNnoted that "it isl' Y sig-
Senate ranking ' icant experience in dealing with
up a n care proudly support, To send portant that we kee in ~ un' eral or constitutional issues. In
urination like this can hurt a tr
p mind and can- fact
Mr
ve
il
,
.
a
f
ry fine Dun Y Deus our efforts on the fact argue Federal or a consU'tuti
Y g man without any real that we must have qualifi
reason.
d
e
onal
people on claim in a court to which he seeks
Mr. KENNEDY addressed the Chair. fo e; mnticst be on eori~sue'irmiph~~' there- aPPointme
The PRESIDING pFFICER Z?he diciarY of this co g that they ju- Mr. Manion
Senator from Massachusetts. entry remains filled
ack of qualifications is
obvious to l
Mr
with
KE
.
.
e
NNEDY ~,
judges of superior quality i d ceived the lowest of the bar, He re-
oppose the confi ~'esident, I merit." ing grade from
Manion to be a Fede~ionu of Daniel Senator Txvrinaoxn went on to note mittee on the Federal _
j dge in the that this task "' ociation's Com-
U.S. Court of Appeals for the Seventh ly but (is) one which tlbe Senate and him nnqu
~A ?O ciary, a mi
Circuit. ~ tee found
this co
Let
l f
i
a
mm
ied
me respond at the outset ~
ttee, as a screening too] I of The Chicago Council of La
those who are so piously regrettin the body, must accomplish with care- , an
that this issue may well be decided on tihenscrutiny of each nominee." He organization of 1,000 attorneys he
a cloture
promi
vote
sed that he would continue eluded that Mr. Manion }~ nco>tit, c -
instead of an up-or- to "fully evaluate the candidates Ito fiea_ ~r.,,b .~..._ .,.._ _ 9uali-
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