DIPLOMATIC SECURITY AND ANTI-TERRORISM ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B00297R000300630012-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 42
• Document Creation Date: December 23, 2016
• Document Release Date: December 2, 2011
• Sequence Number: 12
• Publication Date: March 18, 1986
• Content Type: MISC

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March 18, 19811 CONGRESSIONAL RECORD ? HOUSE
The result of the vote was an-
nounced as above recorded.
A motion to reconsider was laid on
the table.
The SPEAHEFt pro tempore. The
pending. business is the motion...offered
by the gentleman from Pennsylvania
[Mr. Gear] to disagree to the Senate
amendment
The gentleman from Pennsylvania
[Mr. GRAY] will be recognized for 30
minutes and the gentlewoman from Il-
linois [Mrs. Maims] will be recognized
for 30 minutes.
The Chair recognizes the gentleman
from Pennsylvania [Mr. GRAY].
Mr. GRAY of Pennsylvania. Mr.
Speaker, it is my understanding that
the minority side wishes to yield back
its time: and if that is the case, the
majority side will yield back its time
and, thus, move the previous question.
Mrs. MARTIN of Illinois. Mr. Speak-
er, the minority side yields back its
time.
The SPEAKER pro tempore. With-
out objection, the previous question is
ordered on the motion.
There was no objection.
The SPEAK ER pro tempore. The
question is on the motion offered by
the gentleman from Pennsylvania
[Mr. GRAY].
The question was taken: and the
Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GRAY of Pennsylvania. Mr.
Speaker, on that I demand the yeas
and nays.
The yeas and nays were ordered.
The vote was taken by electronic
device, and there were?yeas 331. nays
76, not voting 27, as follows:
Moll No. 571
YEAS-331
Ackerman Bruce Duncan
Aitaka Bryant Durbin
Alexander Burton (CA) Dwyer
AnderSon Bustamante Dymally
Andrews Byron Dyson
Anthony Callahan Early
Applegate Carper Smart (OH)
Archer Carr Edwards (CA)
Armes Chandler Emerson
Aspin Chapman Hogdah
Atkins Chappell .Erchalch
A uColn Clinger Evans (IA)
Barnard Coats Evans (IL)
Barnes Cobey Feecell
Bartlett Coble Fazio
Barton Coelho Feigban
Bates Coleman (MO) Fields
Bedell Coleman (TX) Ptah
Bellertson Comfiest Flippo
Bennett Conte Florio
Bentley Conyers Foghetto
Bereuter Cooper pole),
Berman Courier Ford (MI)
Bevil' Coyne Ford (TN)
Biaggi Crane Fowler
Bliley Crockett Frank
Boehiert Daniel Prost
Boggs Darden MAU&
Boland Detente Gallo
Honer (TN) Daub Garcia
Bonlor (MI) Davis Oaraos
Bonker de la Gams Oeidenson
Borski DeUunas Gibbons
Bosco Dicks Gibnen
Boucher Dingell CMcknum
Sooner DinCiaardl Oonsales
Boxer Dimon Goedling
Breaux Donnelly Gordon
Brooks Dorgan (ND) Gray (EL)
Brown (CA) Dowdy Gray (PA)
Broyhill Downey Green
Guarini McHugh
Hall (OH) McKernan
Hall. Ralph McKinney
Hamilton McMillan
Hammerschnsidt Mica
Hartnett
Botcher
Hawkins
Hefner
Hetet
Hendon
Henry
Hertel
Hillis
Hopkins
Horton
Howard
Royer
Hubbard
Huckaby
Hughes
Hutto
Jacobs
Jenkins
Johnson
Jones (NC)
Jones (OK)
Jones (TN)
KaniersM
Kaptur
Kasich
Kastenrneler
Kennelly
Kildee
Klectska
Kolbe
goiter
Kostmayer .
Kramer
LaFelee
Lazitoe
Leach (IA)
Leath (TX)
Lehman LPL)
Leland
Lent
Levin (MD
Levine (CA)
Lightfoot
Livingston
Lloyd
Loeffler
Long
Lowry (WA)
Lupin
Luken
Lundin.
MacKay
Manton
Markey
Martin (NY)
Martinez
Matsui
Mavroules
Maszaii
McCain
McCloskey
McCurdy
McDade
McGrath
Badham
Bateman
Balrakis
BreogisRald
Brown (CO)
Burton (TN)
Carney
Chapels
Cheney
Coughlin
Craig
Dannemeyer
DeLay
DeWine
Dickinson
Dornan (CA)
Dreier Marlene.
Eckert (NY) Martin (IL)
Edwards (OK) McCandless
Pawed McCollum
Fiedler Meyers
Franklin ? Michel
Frenal Miller (OM
Gekas Monson
Gingrich Moorhead
grading' Miebion
Schneider
Schroeder
Schuette
Schumer
Seiberling
Milualski Sharp
Miller (CA) Shelby
Miller (WA) Sikorski
Mineta Stirtsky
Mitchell Skeen
Moakley Skelton
Molinari Slattery
Mollohan Slaughter
Montgomery Smith (FL)
Moody Smith (NE)
Moore Smith (NJ)
Morrison (CT) South. Robert
Morrbson (WA) (OR)
Mrseek Snowe
Murphy Snyder
Murtha Solara
Myers Spence
Ratchet Spmil
Neal St Germain
Nelson Staggers
Nichols Stallings
Nowak Stark
O'Brien Stenholm
Oskar Stokes
Oberstar Stratton
Obey Studds
Olin Sweeney
Ortiz Swift
Owens Tauke
Packard Tetuan
Panetta Taylor
Parris Thomas (0A)
Pease Torres
Palmy Torrieellf
Penner TOW1125
Perkins Trafleant
Pickle Trainer
Prim Wadi
Fussell Valentine
QuWen Vento
Rafted Visctosky
Hanoi Volitmer
Ray Weeklies
Regula Waxman
Reid Weaver
RIchardbon Weber
Ridge Weiss
Rinaldo Wheat
Ritter Whitetuirst
Roberts Whitley
Robinson Whittaker
Rodin? whines
Roe Williams
Roemer Wirth
Rogers Wise
Rcee
Wolf
BothWolpe
Roukems Wright
Rowland (CT) Wyden
Rowland (CIA) Wylie
Roybal Yetron
Russo Young (AK)
Sabo Young (FL)
Saxton Young (MO)
&mug:
NAYS-75
Greet Pashayan
Ounderson Petri
Hamm Rudd
Mier Schaefer
Hunter Schulze
Hyde Sensenbrenrier
Ireland 4haw
Jeff ards Shtunway
Kemp Shuster
Lagumarsino Siliander
Lewis (CA) Smith (IA)
Lewis (FL) Smith. Robert
Lott (NH)
Lowery (CA) Solomon
Lungren Stangeland
Mack Strang
Stump
Sundquist
Swindau
Thomas (CA)
Vander Jagt
Vuesnovielt
Walker
Wortley
Yates
- H 1231
NOT VOTING-27
Addabbo Holt Savage
Annunzio Kindness Smith. Denny
Campbell Latta (OR)
Clay Lehman (CM Synar
Collins Lipinski Teflon
Derrick Madigan Walgren
Edgar Maven Wilson
Gephardt Oxley Zschau
Grotberg Porter
Hayes Rostenkowski
0 1535
Mr. WORTLEY and Mr: DELAY
changed their votes from "yea" to
"nay."
Messrs. TORRES, BARTON of
Texas, SWEENEY, ARMEY, and Mrs.
JOHNSON and Mrs. SCHNETDER
changed their, votes from "nay" to
"yea."
So the motion was agreed to.
The result of the vote was an-
nounced as above recorded.
A motion to reconsider was laid on
the table.
0 1545
GENERAL LEAVE
Mr. GRAY of Pennsylvania. Mr.
Speaker. I ask unanimous consent that
all Members may have 5 legislative
days in which to revise and extend
their remarks on the bill. H.R. 3128,
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
PROVIDING FOR . CONSIDER-
ATION OF H.R. 4151. OMNIBUS
DIPLOMATIC SECURITY AND
ANTI-TERRORISM ACT
Mrs. BURTON of California. Mr.
Speaker, by direction of the Commit-
tee on Rules, I call up House Resolu-
tion 402 and ask for its immediate con-
sideration.
The Clerk read the resolution, as fol-
lows:
H. Ras. 402
Resolved, That at any time after the adop-
tion of this resolution the Speaker may.
pursuant to clause 1(b) of rule =IL de-
clare the Howie resolved into the Commit-
tee of the Whole House on the State of the
Union for the consideration of the bill (H.R.
4151) to provide for the security of United
States diplomatic personnel, facilities, and
operations, and for other purposes, and the
first reading of the bill shall be dispensed
with. All points of order against the consid-
eration of the bill for failure to Comply with
the provisions of sections 311(a) and
401(bx1) of the Congressional Budget Act
of 1914, as amended (Public Law 93-344. as
amended by Public Law 99-177), and with
the provisions of clause 2(l)(6) of rule XI,
are hereby waived. After general debate.
which shall be confined to the bill and to
the amendment made in order by this reso-
lution arid which shall continue not to
exceed two hours. CO be equally divided and
controlled by the chairman and ranking mi-
nority member of the Committee on For-
eign Affairs, the bill shall be considered for
amendment under the five-minute rule. In
lieu of the amendment in the nature of a
substitute recommended' by the Committee
on Foreign Affairs now printed in the bill. it
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H 1232 CONGRESSIONAL RECORD ? HOUSE
shall be in order to consider an amendment
In the nature of a substitute consisting of
the text of the bill H.R. 4418 as an original
bill for the purpose of amendment under
the five-minute rule, said substitute shall be
considered as having been read, and all
points of order against said substitute for
failure to comply with the provisions of sec-
tion 303(a)4) of the Congressional Budget
Act of 1974. as amended. clause 7 of rule
XVI. and clause 5(a) of rule XXI. are
hereby waived. No amendment to the bill or
to said substitute shall be in order except
the following amendments printed in the
Congressional Record of March 17 by, and if
offered by, the Member designated, and said
amendments shall not be subject to amend-
ment except pro forma amendments for the
purpose of debate: (1) the amendments by
Representative McCain of Arizona and all
points of order against the amendment
striking out and reinserting paragraph
5589(d)(2) of title 5 of the United States
Code as proposed by section 802(a) of the
substitute for failure to comply with the
provisions of section 303(aX4) of the Con-
gressional Budget Act of 1974 as amended
are hereby waived: and (2) the amendment
by Representative Walker of Pennsylvania.
At the conclusion of the consideration of
the bill for amendment, the Committee
shall rise and report the bill to the House
with such amendments as may have been
adopted, and any Member may demand a
separate vote in the House on any amend-
ment adopted in the Committee of the
Whole to the bill or to the amendment in
the nature of a substitute made in order as
original text by this resolution. The previ-
ous question shall be considered as ordered
on the bill and amendments thereto to final
passage without intervening motion except
one motion to recommit with or without in-
structions.
The SPEAKER pro tempore. The
gentlewoman from California (Mrs.
BURTON] is recognized for 1 hour.
Mrs. BURTON of California. Mr.
Speaker, for the purposes of debate
only. I yield the customary 30 minutes
to the gentleman from Mississippi
(Mr. Lora pending which I yield
myself such time as I may consume.
(Mrs. BURTON of California asked
and was given permission to revise and
extend her remarks.)
Mrs. BURTON of California. Mr.
Speaker. House Resolution 402 is a
modified closed rule providing for the
consideration of H.R. 4151, the Omni-
bus Diplomatic Security and Anti-Ter-
rorism Act of 1988. This rule allows 2
hours of general debate, to be equally
divided and controlled by the chair-
man and ranking minority member of
the Committee on Foreign Affairs.
The rule makes in order an amend-
ment in the nature of a substitute con-
sisting of the text of H.R. 4418, as the
original bill for the purpose of amend-
ment under the 5-minute rule. The
only amendments which may be of-
fered to the substitute are two by Rep-
resentative McCaig of Arizona and
one by Representative WALKER of
Pennsylvania printed in the CoNoluts-
StoNAL Rscoaro of March 17.
Points of order are waived against
H.R. 4151 for failure to comply with
sections 311(a) and 401(bX1) of the
Congressional Budget Act. Section
311(a) provides that after Congress
has completed action on the concur-.
rent resolution on the budget, it shall
not be in order to consider legislation
which will cause the spending ceiling
in the budget resolution to be
breached. Since the spending ceiling
for fiscal year 1988 has already been
breached and the bill as introduced
would result in fiscal year119813 spend-
ing, it violates section 311(a). Consid-
ering the emergency nature of H.R.
4151, it was the opinion Of the Rules
Committee that this budget section
could be waived. inasmuch as the enor-
mity of the terrorist situation abroad
could not be fully calculated prior to
adoption of the fiscal year 1988
budget.
Section 401(b)(1) of the Congression-
al Budget Act prohibits consideration
of new entitlement authority effective
prior to October 1 of the year in which
it is reported. The Rules! Committee
felt that the import objectives of H.R..
4151 would be needlessly postponed by
delaying the effective clatel of this leg-
islation until the start of the next
fiscal year.
Additionally, points of order against
consideration of the bill for failure to
comply with clause 2(LX8): of rule XI
are waived. The 3-day layover require-
ment is waived to allow for immediate
consideration of this bill.
The rule also waives section
303(a)(4) of the Budget Act against
the substitute. This provision prohib-
its the consideration of legislation pro-
viding new entitlement authority to
take effect in a fiscal year for which a
budget resolution has not yet been
adopted. Title 8 of the sunstitute cre-
ates an entitlement to benefit victims
of terrorism estimated to cost $1.5 mil-
lion in fiscal year 1987. Thii section of
the Budget Act is also waived against
Representative McCArs's amendment.
The Rules Committee has been ad-
vised that a majority of tlie members
on the Budget Committee has no ob-
jection to these budget waivers.
Further. clause 5(a) of rule XXI,
which prohibits appropriations in a
legislative measure. Is waived against
the substitute. The substitute made in
order by the rule would provide bene-
fits to American victims of terrorism
and would provide compensation for
members of the Accountability Review
Board, who are not Federal employees,
for the time they serve on the Board.
The Review Board would .be charged
with the responsibility of examining
cases involving terrorist attacks on
U.S. personnel or U.S. facilities
abroad.
Finally, clause 7 of rule XVI is
waived relating to non-germane
amendments. This waiver is necessary
since the substitute bill was much
broader in scope than H.R. 4151 as in-
troduced.
I should also add that the substitute
cures the breach of budget authority
In H.R. 4151 in the aforementioned
waiver of section 311(a) of the Budget
Act. Under the rule, one motion to re-
commit, with or without instructions
is provided.
Mareh 18, 1986
H.R. 4418 addresses the serious prob-
lem of inadequate security precautions
at U.S. foreign facilities and for U.S.
citizens traveling overseas. The escala-
tion of terrorist activities abroad has
created an overwhelming need for this
protective measure. Necessary authori-
zations for this purpose are included
for fiscal years 1988-90, based on a
total estimate of $4.4 billion.
These authorizations would fund
various activities to upgrade existing
US. facilities, to expand Coast Guard
duties in U.S. waterways and to create
a reward and Counter-Terrorism Pro-
tection Fund. Further, H.R. 4418
speaks to the agonizing issue of the
victims of terrorism, including hos-
tages, so that certain compensations
are authorized for U.S. citizens and
their families.
H.R. 4418 also creates a Bureau of
Diplomatic Security under the juris-
diction of the State Department with
an adjunct Service whose Director is
to be chosen from the Senior Foreign
Service. The State Department Is also
directed to collect and maintain infor-
mation on international terrorists and
to coordinate their efforts with those
of other government and foreign agen-
cies as part of a terrorist reward fund.
Added precautions are also taken in
this legislation to minimize the threat
of nuclear terrorism.
Mr. Speaker, I reserve the balance of
my time.
Mr. LOTT. Mr. Speaker. I yield my-
self such time as I may consume.
(Mr. LOT T asked and was given per-
mission to revise and extend his re-
marks.)
Mr. LOTT. Mr. Speaker, House Res-
olution 402 provides for the consider-
ation of H.R. 4151, the Omnibus Dip-
loraatic Security and Anti-Terrorism
Act of 1988, subject to 2-hours of gen-
eral debate and a restrictive amend-
ment process. The rule makes in order
an amendment in the nature of a sub-
stitute which shall be the text of H.R.
4418 as introduced yesterday. That
substitute shall in turn be subject to
only three amendments, two by the
gentleman from Arizona (Mr.
kifcCuttl, and one by the gentleman
from Pennsylvania (Mr. WALKER),
both of which were printed in yester-
day's CONGRESSIONAL RECORD.
Mr. Speaker, the rule contains a
number of waivers. Sections 311( a)
and 401(b)(1) of the Budget Act are
waived against the introduced bill.
Both of those were necessary because
the bill authorizes a new Assistant
Secretary of State to head the new
Bureau of Diplomatic Security.
Because the introduced bill would
have fixed the salary of the new As-
sistant Secretary at level IV of the Ex-
ecutive Schedule effective in this fiscal
year, that Is considered an entitlement
prohibited under section 401(b)(1) of
the Budget Act, and would also breach
the section 311(a) aggregate spending
ceiling for this year's budget. However,
the asienflpient in the nature of a sub-
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March 48, 1986
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CONGRESSIONAL RECORD ? HOUSE
stitute made in order by this rule
clears up thesb two problems by
making the entitlement authority ef-
fective on October 1?the beginning of
the next fiscal year.
The amendment in the nature of a
substitute also creates a new entitle-
ment for victims of terrorism, also ef-
fective fiscal 1987. Both it and the
salary provision require a section
303(a)(4) Budget Act waiver since we
have not yet adopted our first budget
resolution for fiscal year 1987. Howev-
er, the chairman of the Budget Com-
mittee has indicated that a majority of
his committee supports this waiver
given the "emergency and important
nature of the and the small
amount of funding involved?an esti-
mated $1.5 million. .
I would point out, however, that this
rule does make in order an amend-
ment by the gentleman from Pennsyl-
vania (Mr. Wamiza] that would
change this victims of terrorism enti-
tlement to an authorization subject to
annual appropriations. Another
amendment by the gentleman from
Arizona [Mr. McCain] would reduce
the amount of compensation from a
worldwide per diem to $20 a day. That
amendment also requires a section
303(a)(4) Budget Act waiver because it
provides for an alternative entitlement
option.
The other McCain amendment made
in order by this rule would eliminate
the President's discretion to award
more compensation to those hostages
receiving harsher treatment.
Finally, this rule waives clause
2(1)(6) of House Rule XI, the 3-day
layover requirement, against the con-
sideration of .the bill. And it waives
clause 7, rule XVI, the germaneness
rule, and clause 5. rule XXI, prohibit-
ing appropriations in legislation,
against consideration of the amend-
ment in the nature of a substitute.
Mr. Speaker. I think I should say a
few words about this expedited and
closed process since it's something I
usually do not think is advisable, and
I'm even uncomfortable with it now.
though I have signed off on it subject
to certain conditions and understand-
ings. As I mentioned, the majority,
leadership has put this antiterrorism
legislation on a fast track because it is
an important and urgent concern. This
is also something in which the admin-
istration has considerable interest.
Most of .the recommendations of the
administration's advisory panel on
overseas security, headed by Adm.
Bobby Inman, are incorporated in this
bill.
In addition, the bill was reported
from both committee and subcommit-
tee by unanimous voice vote, in fine bi-
partisan fashion. And other commit-
tees have cooperated on aspects of this
issue which are within their Jurisdic-
tion, while waiving their jurisdictional me.
claims to expedite matters. Several
provisions have been included in the
substitute too at the request of these
other committees of jurisdiction.
It was the original intention of the
Foreign Affairs committee to bring up
this measure under a suspension of
the rules. I raised some lobjection at
that time because I felt anything that
might cost $4.4 billion over 5 years de-
serves more scrutiny and Idebate than
that process affords?that is. only 40
minutes of debate and no amendment.
Chairman FASCZLL was very gracious
in attempting to work out an alternate
process that would be both expedi-
tious and fair. And it was agreed
among the bipartisan leadership that
a modified closed rule viould be re-
quested after, all .Members had been
put on notice of this request. The
chairman accordingly made this an-
nouncement on the floor Ilast Thurs-
day, during the consideration of other
business. It was understood that the
Rules Committee would then decide
which amendments to make in order
after hearing from Members. This is
essentially what we did. We did deny
two requests to make in order nonger-
mane amendments, and one to strike a
section. But otherwise we made in
order what was requested of us.
So, I think we have fashioned a fair
rule given the time constraints on us
for considering this measure, though I
certainly don't want anyone to think
this is a precedent we will be following
frequently. I, for one, do not like to
shut Members off at this vital stage of
the legislative process. Even when
there is advance notice of a restrictive
rule request, many Members are not
able to focus on a bill's provisions until
the day before or the day I of debate.
So let's consider this a unique situa-
tion given the importance and urgency
of the issue involved and the priority
given to this by both 'the majority
leadership and the administration.
Mr. Speaker, while the bill does not
directly specify ..the amount being au-
thorized, it's understood that we are
talking about a $4.4 blllion, 5-year pro-
gram, most of which Will g0 'toward re-
building or remodeling our missions
abroad for security purposes, and im-
proving our security services in those
missions. This is not a email amount,
given our new Gramm-Rudman re-
quirements, and I would urge my col-
leagues to pay close attention to the
debate that will ensue to 'judge for
yourselves the merits of the bill.
0 1600
Mr. LOT!'. Mr. Speaker; I reserve
the balance of my time.
Mrs. BURTON of California. Mr.
Speaker, for purposes of debate only. I
yield 6 minutes to the gentlewoman
from Colorado (Mrs. Scintoznzal.
(Mrs. SCHROEDER asked and was
given permission to revise and extend
Mrs. SCHROEDER. I thank the
her remarks.)
gentlewoman for yielding this time to
Mr. Speaker, I rise in support of the
antiterrorism bill. I compliment Chair-
man PASCUA., Chairman Mica. Con-
giessinan BROOM:FOLD, and Congress-
11 1233
woman Snows for working with all
the relevant committees to produce a
bill which is a strong weapon in fight-
ing terrorism, but not at the cost of re-
linquishing important rights.
I want to also thank the Rules Com-
mittee for permitting the Foreign Af-
fairs Committee to add a new title XI.
Title XI is the text of H.R. 4371.
which I introduced last week. The bill
deals with security at military bases
abroad. It tells the Secretary of De-
fense to review the security arrange-
ments at all bases and, in particular, at
the family housing areas, to determine
whether stronger measures are
needed. The bill also encourages the
Secretary of Defense to step up securi-
ty and antiterrorism training for mem-
bers of the military and members of
their families.
We have been fortunate that terror-
ists have not targeted t.e families of
our service members. I'm afraid it is
only a matter of time. I do not want to
scare military family members unnec-
essarily, but I want them prepared.
Title XI charges the Secretary of De-
fense with the responsibility for pre-
paring military families to combat ter-
rorism.
I am delighted that the Armed Serv-
ices Committee and the Defense De-
partment were cooperative in the de-
velopment of this proposal.
Title VIII of this bill, which is the
only title subject to amendment, is the
hostage compensation package which
the Committee on Post Office and
Civil Service favorably reported last
summer. In fact, we have been work-
ing on this legislation since before the
Iranian hostages were freed. It has
been 6 years that we have been unable
to resolve this issue. During this time.
one of the Iranian hostages has died.
probably from captivity related illness.
I think it is a scandal that we have not
been able to pass this legislation until
now.
The fundamental purpose of the vic-
tims of terrorism legislation is to pro-
vide Federal workers, members of the
military, and their families with a
stable, permanent set of benefits
which will apply in all future cases.
Former hostages testified that they
thought about their families a great
deal while they were in captivity.
They hoped that their families were
being cared for in their absence. This
legislation provides that assurance.
For this legislation to achieve its
goal, we must reject the McCain and
Walker amendments. To eliminate the
entitlement nature of these benefits,
as the Walker amendment would do.
would undermine the peace of mind
which this legislation is intended to
provide. To reduce the payment from
866 Per day to $20 per day, as the
McCain amendment would do, would
violate the consensus to reimburse
hostages who are not free at least
equally with those who are free and
asked to travel for the Government.
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H 1234 CONGRESSIONAL RECORD ? HOUSE
Title III of the bill contains a new
accountability board to investigate ter-
rorist attacks on American missions
abroad and to find out whether any
Government employee was litsponsibie
for inadequate security. The Subcom-
mittee on Civil Service, which / chair,
worked with the Foreign Affairs Com-
mittee to ensure that existing due
process rights would apply. I think the
language in the bill before us meets
the goal of heightening concern about
security without reducing anyone's
rights.
H.R. 4151 is a goad bill which should
be adopted.
0 1610
Mr. LOT'!'. Mr. Speaker, I yield 2
minutes to the gentlewoman from
Maine (Ms. Snowel.
(Ms. SNOWE asked and was given
permission to revise and extend her re-
marks.)
Ms. SNOWE. Mr. Speaker. I thank
the gentleman from Mississippi for
yielding me this time.
First of all. I would like to compli-
ment the gentleman from Mississippi
and the entire Rubes Committee for
lending their assistance and accommo-
dating our position and our interest's
in moving this legislation along.
Mr. Speaker, as ranking Republican
on the Subcommittee on International
Operations, I join the ranking member
on the full Foreign Affairs Committee,
and the chairman of the subcommittee
and full committee in support of the
rule. In preparing this legislation, the
Foreign Affairs Committee worked
with the majority and minority on all
of the other committees that share ju-
risdiction over terrorist issues. And in
seeking the rule, we consulted with
both the Republican and Democratic
leadership of the House.
As Members of this body are certain-
ly aware, international terrorism pre-
sents a serious challenge to the con-
duct of U.S. foreign policy. This legis-
lation is vital to approaching the prob-
lem of terrorism in a comprehensive
manner, and will provide greater secu-
rity to those who serve the United
States abroad. The administration
strongly supports this legislation. Just
yesterday I received a letter from the
President urging swift and poidthre
action on this bill. The subcommittee
and the full Foreign Affairs Commit-
tee gave its unanimous approval of the
legislation as welL
The rule we are considering is not In-
tended to exclude any views or ap-
proaches. and I would like to point out
that the rule specifically makes in
order amendments relating to terror-
ism proposed by Members. This rule is
necessary so that the House may ap-
prove this important legislation in an
expeditious fashion. With all of the
other important measures the House
must consider this week, we must
move swiftly to prevent serious delay
of final passage of this bill.
During general debate, I will go into
more detail about the pressing need
for this legislation, and the impor-
tance that we move quickly. I urge my
colleagues to approve the rule so that
we may consider this legislation fur-
ther.
Mrs. BURTON of California. Mr.
Speaker, I yield 2 minute's to the gen-
tleman from New York (Mr. Weiss].
(Mr. WEISS asked and was given
permission to revise and extend his re-
marks.)
Mr. WEISS. Mr. Speaker, I want to
express my appreciation to my destin-
Whiled colleague from California
(Mrs. l3arrorrl for yielding this time
to me.
Mr. Speaker, I am pleased to support
ILR. 4151 and the rule making its con-
sideration in order.
The right moment to take decisive
action an terrorism is now. This bill is
an appropriate and a vital first step. I
am proud to be a cosponior of this es-
aential legislation. The distinguished
chairmen of the Foreign 'Affairs Com-
mittee and its International Oper-
ations Subcommittee and their respec-
tive ranking members are to be com-
mended for their timbal efforts on
this issue and on trial legislation. _
The trill prtmerly emphasizes multi-
lateral approaches to this difficult
problem. Terrorism, by iti very nature,
is an essentially internittonal- prob-
lem. We are not going to 'solve tt with-
out the concerted efrorts; of madly na-
tions. East and W. We must build
now on' the new-found 'readiness of
other nations to address this issue.
The bill directs the President to seek
the establishment of an International
Anti-Terrorism Committee, to work
toward better sharing of information
with other governments, and to exert
efforts to curb the abuse of diplomatic
status. These steps mark an indispen-
sable beginning.
International nuclear terrorism is a
potential problem that We must ad-
dress before it leads to a catastrophe
of unimaginable proportims. Title VI
of the bill is devoted entirely on this
issue. it focuses on the securtty of nu-
clear materials and on the enforce-
ment of effective standards in this
area.
The security of our diplomats and
diplomatic facilities visual be adequate-
ly protected. This bill sets forth a com-
prehensive program to ensure that our
foreign policy will not be.held hostage
to international terrorism.
The bill also addresses the thorny
Issue of exports to states which are In-
volved in international terrorism.
Export contras can be an unwieldy
tool of foreign policy, but their use is
sometimes caned for. The bill imple-
ments the judgment that, as a matter
of policy, we should not nermit our ex-
ports to be used to enhance interna-
tional terrorism. At the Same time. it
gives the executive branch sufficient
flexibility to carry out the policy intel-
ligently in the context of our overall
foreign Polis9-
A companion provision covers those
who knowingly and intentionally lend
March 18, 1986
aid and comfort to international ter.
rorism through the provision of train-
ing or technical services.
Before I close, I would like to refer
to one provision which Mr. MRAzEK,
Mr. SCHUMER. and I had hoped to offer
as an amendment to this legislation: A
section banning the importation and
manufacture of an emerging genera-
tion of plastic polymer firearms that
can invisibly slip through x-ray ma-
chines and metal detectors. Plastic
guns have no advantage as sporting
equipment or for self-defaise: The only
value they have over metal guns is
that they can be hidden from security
equipment. Unless Congress takes
action, this emerging generation of
nonmetal weapons may render the se-
curity measures of every airport in the
country obsolete.
Because the proposed amendment is
an antiterrorism measure, we felt this
bill would be the proper vehicle for it.
Since we were unable to offer it today.
however, we intend to offer it as an
amendment to H.R. 4332, the Federal
Firearms Law Reform Act, when it
comes to the floor on Thursday.
Mr. LOT!'. Mr. Speaker. I yield 3
minutes to the gentleman from Penn-
sytvania (Mr. WALKER).
Mr. WALKER, Mr. Speaker, I rise in
opposition to the rule. The rule is
flawed largely because what it does is
put in the House procedure here more
budget waivers, and that disturbs me.
I will say that I certainly appreciate
the work that has gone into trying to
correct this problem. If this rule
passes, I will have an amendment in
order that will take care of the budget
waiver problem by striking out the en-
titlement program. My problem with
the rule is that I should not have to
offer an amendment to a bill to put it
into compliance with what is already
the law. The law states that we ought
not be passing new entitlement pro-
grams. Here we have a brand new enti-
tlement program that we are bringing
out here in violation of the budget law
and in violation of Gramma-Rudman. I
have a problem with that.
The distinguished chairman of the
Foreign Affairs Committee and his
staff worked with me in order to draft
an amendment that will, in fact, heirs
correct the bill If, in fact, we get past
the rule, and I will offer that amend-
ment. I think it would clear up the
procedure enormously.
But the fact is we have got a rule
before us right now which waives the
Budget Act, which is a violation of
Gramm-Rudman, and which does spe-
cifically what this House has said in
the past we were not going to do, and
that is create new entitlements before
we have passed a budget.
This rule would permit that, and I
think that it is another example of
why we end up with huge budget defi-
cits around here, because we simply do
not live within our own procedures.
Wego qqt do what is required of us.
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H 1235
Budget deficits do not just happen:
they are made 'and they are made
right here in this Chamber. This rule
is another example of making budget
deficits.
So I would respectfully suggest that
the Members vote against the, rule. If
the rule passes, however, I would hope
that the Members would at least vote
to correct the problem that we have
created in this bill by creating a new
entitlement program by voting for the
amendment that I will offer that will
change the entitlement program to an
annual authorization and appropria-
tion situation. That way, we would
assure that we do not create a new en-
titlement program. It would not hurt
the effort in any way to compensate
the hostages and the families of the
hostages. It would ensure that there is
no entitlement money available, but
rather it falls under the regular appro-
priations process.
I yield back the balance of my time.
Mrs. BURTON of California. Mr.
Speaker, I yield 3 minutes to the dis-
tinguished gentleman from California
[Mr. Lamm].
(Mr. LEVINE of California asked
and was given permission to revise and
extend his remarks.) ?
Mr. LEVINE of California. Mr.
Speaker. I rise in support of the bill
before us. H.R. 4151, the Omnibus
Diplomatic Security and Anti-Terror-
ism Act of 1988. This legislation is the
result of the dedicated work of the
Committee on Foreign Affairs, on
which I have the privilege to serve. I
want to pay special tribute to my col-
leagues from Florida, Mr. FASCELL,
chairman of the full Committee on
Foreign Affairs and its Subcommittee
on Arms Control, International Securi-
ty and Science, and Mr. MICA, chair-
man of the Subcommittee on Interna-
tional Operations, without whose per-
severance this bill would not be before
us today.
The increase of international terror-
ism is something which deeply con-
cerns all of us. The memory of the
bombing of the Marine barracks in
Lebanon. the hijacking of TWA flight
No. 847, the hijacking of the Achille
Lauro in which a disabled United
States citizen was murdered, and most
recently, the assassination of Prime
Minister Olaf Palme. in Sweden. one
of the most peaceful, peate-loving
countries in the world?all are vivid re-
minders of the spread of the scourge
of international terrorism. Responsi-
ble nations must work together to do
everything possible to inhibit its
spread, and the United States has a re-
sponsibility to lead in those efforts.
This legislation is designed to do that.
This bill contains many important
provisions designed to provide en-
hanced diplomatic security and to
combat international terrorism. Titles
I through IV contain provisions which
specifically address diplomatic securi-
ty, and include the Inman Commission
recommendations as amended by the
Subcommittee on International Oper-
ations. Implementation of these rec-
ommendations will increase the securi-
ty of our own citizens who serve our
country abroad.
Title V. State Department Authoii-
ties to Combat International Terror-
ism, is intended to enhance the
Department of State's ability to deal
with the growing threat of interna-
tional terrorism. It contains provisions
to require the Secretary of State to
maintain and publish a list of the most
wanted international terrorists and
provides for rewards to be offered by
the Secretary with respect to individ-
uals on that list. and individuals
sought for an act of international ter-
rorism resulting in the death of a
United States citizen or national or in-
volving detention of such person for
more than 80 days. There is also a pro-
vision authorizing the 'Secretary of
State to offer rewards for information
relating to international narcoterror-
ism and drug trafficking.
There is a provision to prevent the
export of items on the United States
munitions list to countries which Pro-
vide support or sanctuary for interna-
tional terrorism, including support or
sanctuary for any individual terrorist
or any terrorist group. ?
I would like to say something in
detail about section 507 of title V. issu-
ance of /ravel advisories On account of
terrorism supported by Libya. Iran, or
other foreign governments. This provi-
sion is similar to a resolution I intro-
duced on February 19, 1988.
Section 507 expresses the sense of
the Congress that the Secretary of
State should consider thelissuance of a
travel advisory or other appropriate
notice warning United States citizens
of the dangers of traveling in any for-
eign country in which United States
citizens: first, are attacked by terror-
ists supported by Libya Or Iran if the
government of that country fails to
act immediately to require the closing
of any Libyan official missions in that
country or any Iranian official mis-
sions in that country, as the case may
be; or second, are attacked by terror-
ists supported by any other foreign
government which used its official
missions to support that attack, if that
foreign government is not immediately
required to close all of its official mis-
sions in the country in .which the
attack occurred.
I want to state for the record why I
am so concerned about Libya, the
focus of my original resolution.
As we all know, on December 27,
1985, 12 U.S. citizens were wounded
and five murdered in cold-blooded at-
tacks at the Rome and Vienna air-
ports. The individuals who carried out
these attacks were members of the
Libyan-backed Palestinian terrorist
group, headed by Abu Nidal. Libyan
leader Mu'ammar Qadbafi applauded
and praised these attacks.
In response to these heinous attacks,
President Reagan severed Virtually all
trade links with Libya, froze its assets
in the United States and ordered the
more than 1,000 Americans working
there to leave immediately. He also
said that the United States would "not
understand" if other countries moved
into Libya "to take commercial advan-
tage of our departure." In addition, he
called on our NATO allies to join us in
isolating Libya and its outlaw leader.
Colonel Qadhafi.
However, no European country has
fully endorsed President Reagan's call
for total economic sanctions against
Libya. In fact, our allies have been
cool to leveling sanctions against Colo-
nel Qadhafi and his country. Deputy
Secretary of State John Whitehead
was dispatched to visit nine of our
NATO allies in the hope of persuading
them to reduce their ties with Libya.
Unfortunately, the results of his ef-
forts were less than gratifying.
In January the U.S. Department of
State issued a report called "Libya
Under Qadhafi: A Pattern of Aggres-
sion." This report makes clear that
Libyan leader Mu'ammar Qadhafi has
used terrorism as one of the primary
instruments of his foreign policy and
that he supports radical groups which
use terrorist tactics. Qadhafi's activi-
ties include threats, material support
for terrorism, cooperation, economic
Incentives and intimidation, and mili-
tary aggression. He provides logistical
support for terrorist operations, such
as supplying passports to the Abu
Nidal members responsible for the De-
cember attack on the El Al ticket
counter in Vienna.
Training for radical Palestinians and
other radical elements frequently
takes place in Libya. During Qadhafi's
reign there have been numerous in-
stances of Libyan-sponsored attacks
against U.S. interests, and during the
past 18 months Qadhafi has made
public references to expanding his ter-
rorism campaign to include U.S. tar-
gets.
The responsible international com-
munity suffers from Qadhafi's disre-
spect for international norms of be-
havior and accepted diplomatic prac-
tices. Qadhafi blantantly uses terrorist
violence against political opponents
and has abused diplomatic privilege
for terrorist purPoses, such as using
Libyan embassies and diplomatic
pouches for transferring and storing
weapons and explosives.
Colonel Qadhafi's support for terror-
ist acts has clearly jeopardized the
safety of U.S. citizens. It is clearly the
responsibility of the U.S. Government
to protect the safety of all our citizens,
at all times and in all places. In addi-
tion, it is in the interest of the respon-
sible world community to isolate Libya
economically, politically, and militari-
ly to the greatest extent possible.
Yet we have not been able to get our
NATO allies to Join us in isolating the
outlaw Qadhafi.
That is why I introduced my original
resolution. We simply must find a way
to encourage our allies to take sanc-
tions against the Qadhafis of the
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H 1236
world. One way to do that is through
economic incentives. United States
tourists spend millions of U.S. dollars
in foreign countries. Issuance of a
travel advisory results in the loss of
millions of dollars in revenuesin the
country for which an advisory is
issued. If countries- where United
States citizens are attacked do not
reduce their ties with Libya, and do
not make their country safe for United
States citizens, then it is appropriate
for the U.S. Government to take
action to protect our own people.
If the U.S. Secretary of State issues
travel advisories for such countries, we
might see a far different response to
terrorism by our allies. The United
States issued a travel advisory for
Greece last June after the TWA hi-
jacking out of Athens. Greece lost
enough United States revenue to en-
courage it to quickly overhaul the se-
curity at the airport. If the Secretary
had issued travel advisories of Italy
and Austria after the attacks on
United States citizens last June. per-
haps they would feel compelled to
take actions to make their countries
safer.
In short, we must find a way to en-
courage our allies to take actions
against terrorists and terrorism. We
must find a way to isolate the Qadha-
fis and Khomeinis from the responsi-
ble world community. The provisions
of section 507 will help do that.
Title VI. International Nuclear Ter-
rorism, expresses the high priority the
committee places on finding responses
to the threat of international nuclear
terrorism before the United States is
faced with such an act, and in estab-
lishing effective measures to protect
nuclear facilities and weapons-grade
materials from acts of terrorism.
Title VII. Multilateral Cooperation
to Combat International Terrorism,
emphasizes the importance the Com-
mittee on Foreign Affairs places on
gaining multilateral cooperation
among our friends and allies to more
effectively combat, on a worldwide
basis, the growing threat of interna-
tional terrorism.
Title VIII. Victims of Terrorism
Compensation, provides for benefits of
captives and compensation for disabil-
ity or death.
The purpose of Title IX, Maritime
Security, is to establish an effective
regime for maintaining security stand-
ards at both domestic and foreign
Ports. It includes measures to improve
seaport and shipboard security, and to
prevent unlawful acts against passen-
gers and crews on board ships. In addi-
tion, there are provisions to require a
maritime risk assessment.
Lastly, Title X establishes a fellow-
ship program, named the Fascell Fel-
lowship Program, after the respected
chairman of the Committee on For-
eign Affairs. The purpose is to afford
the fellowship recipients the opportu-
nity to serve on a short-term basis at a
United States diplomatic mission in
CONGRESSIONAL RECORD ? HOUSE
obtain firsthand working lexposure to
the country in which they serve. This
program is a fitting tribute to the
work and Interests of an individual
whom it has been a privilege to work
with and learn from.
Terrorism is one of the iworst inter-
national problems of our time. and It
Is growing. The legislation Ibefore us is
a responsible way to try to bring this
problem under control. It is the result
of much cooperation and effort on the
part of those who worked on it. It is a
good bill and I urge my colleagues to
support it. ? ? ?
01620
Mr. LOTT. Mr. Speaker I have no
further requests for time, and I yield
back the balance of my time.
Mrs. BURTON of California. Mr.
Speaker, I yield myself such time as I
may consume. I would like to say a few
words on behalf of this rule and this
bill.
Mr. Speaker, terrorism is a cancer
which could destroy us all. Its virulent
message has coarsened our sensibilities
and has cheapened our seise of hu-
manity. The evil agents that aid this
international disease must be checked.
I ant pleased that a partial remedy
for this destructive condition exists in
H.R. 4418. appropriately entitled the
Diplomatic Security Act. This legisla-
tion will provide a needed security ap-
paratus to protect our dedicated cry!'
servants who have committed them-
selves to a life of selfless publicserv-
ice. It will further provide, via the De-
partment of State, the training assist-
ance and related equipment to host
Government personnel usigned to
protect U.S. Government employees
and missions abroad.
Because the United States has an
Imperative interest in protedting U.S.
citizens serving their countrylabroad. I
urge adoption of the proposed rule for
consideration of this bill. I
Mr. Speaker, I have no requests for
time, and I move the previous question
on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid on
the table.
APPOINTMENT OF CONFEREE:8
ON HOUSE JOINT RESOLUTION
534, URGENT SUPPLEMENTAL
APPROPRIATION FOR THE DE-
PARTMENT OF AGRICULTURE,
1988
Mr. WHTTTEN. Mr. Speaker, I move
to take from the Speaker's table the
joint resolution (KJ. Res. 534)Imaking
an urgent supplemental appropriation
for the Department of Agriculture for
the fiscal year ending September 30,
1988. and for other Purposes, disagree
to the amendment of the Senate to
the amendment of the House to the
amendment of the Senate and ask for
a further conference thereon.
The SPEAKER pro tempore. The
the Soviet Union or Eastern Europe to _question is on the motion offered by
Mai:ch 18, me
the gentleman from Mississippi (Mr.
Witrrras].
The motion was agreed to.
The SPEAKER pro tempore. With-
out objection the Chair appoints the
following conferees: Messrs. WRITTEN.
TAMER, MCHUGH, HATCHER, AKAKA,
WATKINS, DURBIN and SMITH of Iowa.
Mrs. SMITH of Nebraska. Messrs.
MYERS of Indiana, Rousts, and Stumm.
There was no objection.
GENERAL LEAVE
Mr. FASCELL. Mr. Speaker. I ask
unanimous consent that all Members
may have 5 legislative days in which to
revise and extend their remarks and
Include extraneous matter on H.R.
4151. the bill about to be considered.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Florida?
There was no objection.
The 8PEAR pro tempore. Pursu-
ant to House Resolution 402 and rule
BEIM the Chair declares the House
In the Committee of the Whole House
Co the State of the Union for the con-
sideration at the bill, KR. 4151.
01624
nr ens cousin-nix or rim mews
Accordingly the House resolved
Itself into the Committee of the
Whole House on the State of the
Union for the consideration of the bill
(H.R. 4151) to provide for the security
of U.S. diplomatic personnel, facilities,
and operations, and for other pur-
poses, with Mr.. KLECZKA in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. Pursuant to the
rule, the first reading of the bill is dis-
pensed with.
Under the rule, the gentleman from
Florida [Mr. FASCELL] will be recog-
nized for 1 hour, and the gentleman
from Michigan [Mr. BROOKFIELD] will
be recognized for 1 hour.
The Chair recognizes the gentleman
from Florida (Mr. Roam.).
Mr. FASCELL Mr. Chairman, I
yield myself such time as I may con-
sume.
Mr. 'Chairman, I rise in support of
H.R. 4151. as amended. the Omnibus
Diplomatic Security and Antiterrorism
Act of 1988.
As you know, this legislation has
been expedited at the request of the
administration and House leadership
and was developed in bipartisan coop-
eration with five other committees
sharing jurisdiction over various provi-
sions contained in this legislation.
I want to express MY gratitude to
the chairmen, ranking members and to
all the members of the Committees on
Armed Services, on the Judiciary, on
Merchant Marine and Fisheries, on
Post W1c9.?and Civil Service, and on
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CONGRESSIONAL RECORID ? HOUSE
Public Works and Transportation, who
contributed to the writing of this mile-
stone legislation to protect American
embassies, diplomats, their families.
and ordinary businessmen and tourist
travelers against the scourge of_inter-
national terrorism.
H.R. 4151 as amended, enjoys the
support of the administration and in-
cludes among its many important
Ini-
tiatives, the President's request for
major enhancement of diplomatic se-
curity stemming from the Inman
panel recommendations; implementa-
tion of most of the recommendations
from the recently released report of
the Vice President Busies Task Force
on Terrorism?text of Vice President
Busies letter lauding H.R. 4151, as
amended appears at the end of this
statement?and a new process to im-
prove maritime security patterned
after the successful Foreign Airport
Security Act which was enacted last
Year: and a request that the Seeretary
of Defense review U.S. military base
security abroad and institute an anti-
terrorist training program for mem-
bers of the Armed Pones and their
families.
The chairman of the Subcommittee
on International Operations. Mr. MICA
and the ranking minority member. Ms.
SNOWS, will explain the diplomatic se-
curity provisions in the four titles in
detail. Therefore. I would like to take
this opportunity to review for our col-
leagues what action the Congress has
already taken to combat international
terrorism and to describe the new
measures in this legislation.
Over the past 3 years, the Committee
on Foreign Affairs has initiated, both
passive and active measures to combat
the growing threat of international
terrorism. These include:
The establishment of a bipartisan
staff task force to review diplomatic
security Including host government co-
operation in protecting U.S. citizens
and embassies as well as to study the
foreign policy implications ot interna-
tional terrorism:
The authorization of the antiterror-
ism assistance program which provides
training and equipment to some 40
friendly countries in such areas as up-
grading airport security, providing
courses in hostage negotiation, bomb
disposal techniques, and so forth:
The enactment of the necessary ena-
bling legislation to implement the
treaties on aircraft sabotage and hos-
tage taking;
The authorization of an emergency
supplemental embassy security en-
hancement program in the wake of.
third Beirut bombing;
The creation of a rewards program
for information leading to the arrest
and conviction of international terror-
ists:
The adoption of a significant meas-
ure to enhance foreign airport security
which mandates unilateral, bilateral
and multilateral steps to upgrade secu-
rity at foreign international airports
and provides for stringent enforce-
ment measures: and
The adoption of landmark U.S. reso-
lutions during the 40th 171N. General
Assembly which recognize all acts of
international terrorism as criminal
and specifically condemn the hostage
taking.
Mr. Chairman, in addition to the au-
thorization of the Inman panel recom-
mendations, this bill contains numer-
ous measures which complement and
add to these accomplishments. Some
of these provisions include: I
The establishment of new maritime
security procedures, similar to those
enacted in the foreign airport security
legislation:
Additional authorization for re-
wards, including the initiation of a
new program targetted against "narco-
terrorists" and the establishment of a
witness protection fund; I
A requirement that the President ac-
tively seek the establishment of an
international coordinating 'committee
whose sole focus is international ter-
rorism;
Measures directed against state-
sponsored terrorism, including con-
trols on certain services and exports to
countries which aid and abet interna-
tional terrorist organizations;
Measures to prevent nuclear terror-
ism, including directing thea President
to seek universal adherence to the
Convention on the Physical Protection
of Nuclear Material, and to review the
adequacy of physical protection re-
garding the international transit of
nuclear materials:
Steps to enhance multilateral coop-
eration to combat international terror-
ism, including enhanced information
sharing on passports and visits and di-
recting the President to seek 'ithe adop-
tion of a U.N. resolution condemning
the use of diplomatic privileges and
immunities: and
The establishment of ? program to
compensate U.S. Government person-
nel who are victims of terrorist at-
tack&
Mr. Chairman. as I said at the
outset, the Oministration and the
House laiderWp fully support this
legislation. The threat to the lives and
safety of our people working abroad is
very real. International terrorism con-
tinues to be a blot against humanity,
and Americans remain prime targets
for these heartless killers. '
I urge the unanimous approval of
this vital legislation.
The text of the letter from the
chairman of the Committee on Armed
Services. the Honorable Les Amur, in
support of this legislation follows:
Tea Vim Puss:aim
Washington, March 18, 198&
Hon. DARTS B. Paiscitt,
Chairman, Committee on Foreign Affairs.
Mouse of Representatives, Washington.
DC.
Demt Duerr I want you to know how
much I appreciate your Committee's
prompt and bipartisan action on the legisla-
tive recommendations of the Vice Presi-
dent's Task Force on Combatting Terrorism.
- 111237
Inasmuch as this report was publicly re-
leased on March 6. 1986: it is particularly
gratifying to see such quick action.
When we met last September to discuss
the work of the Task Force your pledge of
cooperation was most welcome. I know that
Admiral Holloway and his staff worked
closely with your staff during ensuing
months.
This will become a major part of our over-
all program to combat international terror-
ism. I urge speedy enactment of the legisla-
tion that is necessary to complete this im-
portant work.
Sincerely.
GLOMS BUSH.
Comurrnts ON Mum SZRVICES.
Washington, DC, March 12, 1986.
Hon. Duffs B. FASCIILL,
Chairman, Committee on Foreign Affairs,
Mouse of Representatives, Washington,
DC.
DUN Darrr. I understand your committee
is reporting omnibus legislation to combat
terrorism in H.R. 4151.
I am advised that the bill, as amended in
the Committee on Foreign Affairs, affects
the jurisdiction of the Committee on Armed
Services in two ways. In Title VIII, it pro-
vides benefits for military personnel and
their dependents comparable to those pro-
vided for civilian employees and similarly
situated persons who are captured, kid-
naped. or otherwise deprived of their liberty
as a result of hostile action directed against
the United States. In Title III, it establishes
accountability review procedures for cases
of serious injury, loss of life, or significant
destruction of property related to a U.S.
government mission abroad.
I am also advised that you intend to bring
the bill to the floor in the near future. Of
course, I note the jurisdiction of the Com-
mittee on Armed Services over legislation
affecting benefits for and disciplinary ac-
tions involving military personnel. In the in-
terest of expediting the business of the
House, however, the Committee on Armed
Services will not seek sequential referral of
the bill. At the same time, we would be
pleased to see included In the legislation the
security training bill introduced yesterday
by Congresswoman Schroeder.
Because questions of committee Jurisdic-
tion can be so troublesome in the handling
of omnibus legislation, I would appreciate
Your making this correspondence a matter
of record. No doubt should exist that our re-
spective committees worked together in de-
veloping the pertinent parts of this bill.
Indeed, our willingness to refrain from seek-
ing sequential referral of H.R. 4151 should
indicate our satisfaction with the product of
our joint efforts on the bill.
" I look forward to our working together on
other matters that affect our respective Ju-
risdictions.
Sincerely,
Lu ASPIN,
Chairman.
0 1830
The CHAIRMAN. The gentleman
from Florida has consumed 7 minutes.
Mr. BROOMFIELD. Mr. Chairman.
I yield myself such time as I may con-
sume.
(Mr. BROOMFIELD asked and was
given permission to revise and extend
his remarks.)
Mr. BROOMFIELD. Mr. Chairman,
let us face the facts. The threat of ter-
rorism is real. It will be with us for
many years. Americans will continue
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H 1238 CONGRESSIONAL RECORD ? HOUSE
to be the prime targets of terrorists.
This bill does something about the
problem of terrorism. It has the ad-
ministration's blessing. It deserves our
support.
I want to commend the chairman of
the House Foreign Affairs Committee
for his leadership in bringing this bill
to the floor. I also want to point out
the fine support which this bill re-
ceived from Congressman MICA and
Congresswoman SNOWS on the sub-
committee level.
We must do all that we can to pro-
tect our fellow citizens serving at high-
threat embassies. We must confront
the menace of terrorism by using a va-
riety of options. The legislation before
us today gives our Government those
badly needed options.
The bill implements many of the
recommendations of the Irunan
panel?a bipartisan blue ribbon group
which studied the problem .of terror-
ism and embassy protection.
The Secretary of State recently
wrote to me and noted that although
this is the year of great budget strin-
gency, the "safety of our people is of
the utmost importance."
This legislation authorizes a major
embassy building effort. Our new em-
bassies will better protect our people
against terrorist attacks. Some of the
Provisions in the bill focus on improv-
ing shipboard and port security. It also
provides authority to control certain
terrorism-related services and provides
measures to protect against nuclear
terrorism.
This antiterrorism package incorpo-
rates many of the recommendations of
the Vice President's Task Force on
Combatting Terrorism.
Mr. Chairman, this bill Is a state-
ment of Congress' commitment both
to the protection of our citizens serv-
ing overseas, and to the battle against
terrorism.
I urge my colleagues to support the
bill.
The CHAIRMAN. The gentleman
from Michigan has consumed 3 min-
utes.
Mr. FASCELL. Mr. Chairman. I
yield such time as he may consume to
the chairman of the Subcommittee on
International Operations, the gentle-
man from Florida (Mr. Meal.
(Mr. MICA asked and was given per-
mission to revise and extend his re-
marks.) -
? Mr. MICA. Mr. Chairman, first let
me take this opportunity to commend
the chairman of the committee, the
gentleman from Florida (Mr. FAscau.l.
and the ranking minority member, the
gentleman from -Michigan (Mr.
BROOMFIELD] and my ranking minority
member on my subcommittee, the gen-
tlewoman from Maine (Ms. Snows]
for the excellent job that they have
done on this legislation. We have
spent several years working on this
legislation. Members realize that some
of the origins of the key provisions of
this legislation came after the Beirut
bombing, as a result of the Inman-
Commission, and as a result of what I
consider to be probably one of the
most cooperative and most bipartisan
approaches we have seen in this Con-
gress.
H.R. 4151. the Diplomatic Security
Act, represents the culmination of
years of effort on the part of the Com-
mittee on Foreign Affairs to provide
the Department with the tools it
needs to manage security programs at
U.S. missions abroad, to move ahead
on the design and construction of
safer embassies, and to provide securi-
ty for foreign dignitaries in the United
States. I think that this legislation will
strengthen the Department's security
operation, and give the Congress the
oversight it needs to ensure that the
diplomatic security program proceeds
on time and on budget.
Work on this legislation has pro-
ceeded on strictly bipartisan lines,
with the subcommittee's ranking mi-
nority member, Ms. &row, taking a
strong hand in the crafting of this bill.
As a result, this legislative initiative
enjoys the support of both sides of the
aisle beginning with the support of
the President, the Secretary of State,
and the leadership of this House.
The Diplomatic Security Act is es-
sential to our continued diplomatic
presence overseas. We have a commit-
ment to the safety of our diplomats
and their families overseas at a time
when Americans are targeted for ter-
rorist attacks. We also have a commit-
ment to protect our diplomatic mis-
sions which symbolize America abroad.
This bill signals nations that support
terrorism that we intend to maintain
our diplomatic presence abroad.
Let me point out a few of the fea-
tures of this bilL
It reorganizes the Department of
State with respect to the security
function, spelling out the ESecretary's
responsibility for the development and
implementation of programs and Poli-
cies which protect our diplomatic mis-
sions overseas. This includes responsi-
bility for the personnel and operations
of a varietr of U.S. Government agen-
cies overseas.
It presents the Secretary with full
responsibility for the coordination of
all U.S. Government personnel &IF
signed to U.S. missions abroad, and for
the establishment of staffing levels at
these posts. I
It establishes a Bureau of Diplomat-
ic Security in the Department of State
to be headed by an Assistant Secretary
for Diplomatic Security responsible
for overseas and domestic security and
protective OperSLiOLUL management of
counterterrorism planning and coordi-
nation programs, technical security,
and personnel training. I
Within the Bureau of Diplomatic Se-
curity, the bill creates a new Diplo-
matic Security Service to be' headed by
an experienced career civil service or
foreign service member.
Of critical importance, the legisla-
tion provides a mechanism for deter-
mining accountability for failures of
March 18, 1986'
the security system in cases resulting
in serious injury, loss of life, or signifi-
cant destruction of property. An Ac-
countability Review Board, convened
by the Secretary of State. shall exam-
ine the facts surrounding a serious se-
curity breach, and make findings RS to
the operational causes of that failure
and possible breach of duty by any in-
dividual concerned.
Finally, this amendment would au-
thorize a comprehensive embassy con-
struction program which would con-
form to the recommendations of the
Inman panel and speed up our security
upgrade program worldwide to meet
the growing terrorist threat. This leg-
islation authorizes the President's re-
quest for $4.4 billion over the next 5
years for the Department's Diplomatic
Security Program. Of these funds, $1.8
billion will provide for the salaries and
expenses of such programs as the
public access control projects, perime-
ter security systems, armored vehicle
program, residential security, passport
and visa fraud investigations, and for
the protection of foreign dignitaries
and missions in the United States.
The remaining funds will be for the
Diplomatic Construction Program.
With these funds. the Department will
significally upgrade 254 American fa-
cilities overseas, including 79 new em-
bassy compounds.
The cost, in terms of actual dollars
spent, will be considerably lower in the
early years. The Congressional Budget
Office estimates that this program will
result in actual outlays of only $250
million in fiscal year 1987. This is a
result of committee action with re-
spect to the priority of projects, the
proposed obligation schedule, and the
manner in which the Office of Foreign
Buildings will organize to implement
this ambitious construction program.
Many Members, including the gen-
tlewomen from Maine, OLYMPIA
SNOW% and myself, have repeatedly
questioned whether the program re-
quest had been sufficiently scruti-
nized. In my opinion, there can never
be enough scrutiny for a program of
this magnitude. However, this pro-
gram has already undergone signifi-
cant review.
When the Inman panel recommend-
ed the replacement of 128 embassies
and upgrade of twice as many, the
total cost was estimated at $5 billion
for construction alone. After reviewing
the recommendation, the Department
of State submitted to the Office of
Management and Budget a $3 billion
construction package. Today, we are
seeking approval for a Diplomatic
Construction Program limited to $2.7
billion, or nearly half of the original
recommendation.
Scrutiny by my subcommittee will
not end here today. We fully intend to
closely oversee the entire program. To
this end we have built into the legisla-
tion suitable notification requirements
to the Congress on each appropriation
requeet. The appropriate committee
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CONGRESSIONAL RECORD ? HOUSE
must be notified before any funds may
be obligated for arty given project. We
have also established procedures for
the treatment of coat overruns and the
Promotion of contract efficiency.
Another aspect of this bill deserving
special consideration is the conimit-
tee's action regarding preference for
U.S. contractors. The committee feels
very strongly that Americans should
be called upon to build our embassies
abroad not only because it is con-
cerned about the quality of construc-
tion and the sensitive nature of these
facilities, but also because it feels that
the way to make sure our missions
best reflect the principles for which
we stand is to have qualified Ameri-
cana, including minority contractors
build them. Therefore, we have includ-
ed very strong language in title IV es-
tablishing a clear preference for U.S.
contractors. Section 402, also directs
the Department of State to allocate,
to the extent practicable, 10 percent of
the funds available for contracts with
American minority contractors. I feel
very strongly about this language
which was authored by my colleague.
Congressman Drassu.s. I urge the De-
partment to make every effort possible
to meet the requirements of this provi-
sion. The subcommittee expects the
Department will report on regular.
perhaps quarterly. basis regarding the
implementation of this provision.
Title 8 of this bill provides compen-
sation for victims of terrorism who are
U.S. Government employees and are
captured as a result of their relation-
ship with the U.S Government. It pro-
vides certain medical and educational
benefits for hostages and their fami-
lies to help them weather the crisis.
This title also provides for a cash
payment to hostages based on the du-
ration of their captivity. This is an
issue that the United States has failed
to address sinee the taking of Ameri-
can hostages in Iran 5 years ago. I
think that we can all support mesa-
urea which will finally fulfill any re-
maining obligation to this group of
men and women who were held so long
in captivity, and which will provide as-
surance to any future victims of ter-
rorism that their &minas will be cared
for.
In conclusion. I am proud to stand
here today and present to this House
the fruit of this committee's long
effort. We have put together a com-
prehensive legislative proposal which
will, if enacted, at last provide the
U.S. Government the necessary tools
to follow our words with actions. I
urge the Members of this House to
Join us in taking this first step to fight
terrorism wherever and however it ap-
pears.
Mr. FASCELL. Mr. Chairman. I
yield to the gentleman from Missouri
(Mr. Voursaal.
(By unanimous consent, Mr. VOLK-
Mee was allowed to speak out of
order.)
OTTERINO AR AMENDMENT IN THE HAT1JRZ OF A
SOUTITOTI TO H.R. 11331. A SIIRSTITOTT FOR
9.6411
Mr. VOLICMER. Mr. Chairman, at
this time I wish to announce to the
committee and to the House:in general
that immediately upon speaking later
I will be providing the ;Clerk an
amendment in the nature of a substi-
tute to H.R. 4332 which was reported
last week from the Committee on the
Judiciary. This is a substitute for MY
basic bill. H.R. 9545, with some amend-
ments to it. I plan to be offering it on
Thursday as a substitute for the judi-
ciary bilL
Mr. BROOMkELD. Mr. Chairman,
at this time I yield such time as she
may consume to the gentlewoman
from Maine (Ms. Snows) the ranking
minority member of the Subcommit-
tee on International Operations of the
Committee on Foreign Affairs.
Ms. SNOWE. Mr. Chairman and
members of the committee, this legis-
lation represents an unprecedented
effort by Congress to upgrade U.S. se-
curity standards across the 'board as
well as to establish a new security
ethic and apparatus within' the De-
partment of State. The Legislation
before us today also contains "vital new
counterterrorism efforts, many of
them proposed by the Innian!Panel on
Overseas Security and the Vice Presi-
dent's task force on combating terror-
ism.
The subcommittee was Involved in
drafting two of the bills that form the
core of this legislation. One of course
is the Diplomatic Security Act and the
other is the Victims of Terrorism
Compensation Act. First. I would like
to commend the chairman of the Com-
mittee on Foreign Affairs and the
ranking member for their leadership
In bringing this very important issue
to the floor today. I also express MY
appreciation to the chairman of the
Subcommittee on International Oper-
ations for his cooperation in 'working
with the members of the committee.
As always, and with all of the issues
that have come before the subcommit-
tee, he has always worked to accom-
modate the views and positions of the
members of the committee. I 'want to
express my appreciation for all of the
Members to the chairman of the sub-
committee for that cooperation.
0 1845 ,
Through consensus and true, biparti-
sanships, our subcommittee has con-
ducted a considerable amount of work
on the important issues of diplomatic
security and counterterrorisin. The
product of much of that work Is con-
tained in this bill. Both the Diplomat-
ic Security Act and the Victimi of Ter-
rorism Compensation Act were report-
ed out of the subcommittee and full
Foreign Affairs Committee unani-
mously.
The growing number of terrorist in-
cidents. particularly the many target-
ted at Americans working for the U.S.
Government abroad, make this legisla-
11 1239
tion urgently needed. During the past
two decades, terrorists have killed as
many U.S. diplomats as were killed in
the previous 180 years. In the past
decade alone, terrorists have attacked
U.S. officials or installations an aver-
age of once every 17 days.
This trend has become even more
pronounced in the past 3 years. Last
Year, the State Department recorded
812 incidents of international terror-
ism. 30 percent of which were aimed at
Americans and American interests.
with U.S. diplomats the most common
targets. This represented 200 more in-
cidents than the previous year. and
300 more than the year before that.
Our subcommittee held a number of
briefings and hearings on this particu-
lar issue. We heard testimony from a
variety of witnesses who are experts in
the field of international terrorism, all
of whom concluded unanimously that
terrorism will continue in the future
and, in fact, could escalate dramatical-
ly.
In view of this trend, the Secretary
of State assembled the Advisory Panel
-on Overseas Security, headed by Adm.
Bobby Inman. The Inman Panel's
focus was not only on the terrorist
threat against U.S. personnel, but also
against U.S. missions abroad. The
Inman Panel found and concluded
that nearly half of our missions
abroad did not meet minimum security
standards. During the course of its in-
vestigation, it also examined electronic
penetration threats and came to the
shocking conclusion that a number of
our posts were rendered vulnerable.
One post, for example, was found to
share a common wall with an Eastern
European trading Company.
The report made it very clear that
no matter how much money we spend.
we obviously could not provide a 100-
percent guarantee against such
threats. But it did outline a number of
measures that this Government could
take that could minimize the probabil-
ity of such threats and attacks against
our personnel and our embassies
abroad. Those measures are contained
in titles I through IV of of this legisla-
tion.
The measures called for by the
Inman Panel encompass more than
just a major diplomatic building pro-
gram. It also called for a major re-
alignment of the security status
within the Department of State.
These measures are equally important
to the building program. They call for
such measures as improved training,
increased personnel, the reorganiza-
tion of the security structure within
the Department of State, a system for
Personal accountability for security
lapses, and the creation of a Bureau of
Diplomatic Security.
The Department of State has al-
ready implemented many of the 91
recommendations proposed by the
Inman Panel. But this legislation here
today is required to further implement
the remainder of the recommenda-
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H 1240 CONGRESSIONAL RECORD ? HOUSE
tions. The Inman Panel recommenda-
tions encompass not only physical se-
curity, but human security. Even the
best built embassy cannot function
without properly trained personnel.
This legislation addresses thi grow-
ing problem of terrorism in a.compre-
hensive way. That was the value of
the Inman Panel report, so that we do
not constantly respond to the threat
of terrorism in a reactive and an unco-
ordinated way. This legislation has
become a priority of the administra-
tion, it is a priority of the Foreign af-
fairs Committee. and I hope it will be
a priority not only of the House of
Representatives, but the entire Con-
gress.
If we delay action, there is no ques-
tion that many Americans who work
on behalf of the U.S. Government will
remain at risk. Just a few weeks ago,
terrorists attempted to smuggle a car
bomb into the Embassy in Portugal.
Fortunately, that Embassy had been
designed and built in the last few
years and had the necessary security
standards in place. Alert security offi-
cials detected the bomb that had been
placed under an Embassy employee's
car. The car was evacuated, the bomb
went off, but fortunately no damage
was done to the Embassy and not one
was hurt or killed.
The point is that the Embassy in
Portugal is an exception to the rule.
Had it been one of our missions or con-
sulates that has been recommended
for renovation, relocation or construc-
tion by the Inman Panel, there would
have been a serious loss of life and a
serious damage to property.
So, ladies and gentleman of the com-
mittee, this legislation is vital in all re-
spects. It is an ambitious program, but
one that has to be taken, not only be-
cause it is important to this country,
but I think that we have to make a
moral commitment and take responsi-
bility for the people who work for the
United States.
I would like to comment on one
other provision in this legislation, and
that is title VIII, the Victims of Ter-
rorism Compensation Act, which pro-
vides for education and medical bene-
fits, and compensation to future hos-
tages, as well as to hostage family
members. It is based on the. provisions
in the Hostage Relief Act of 1980 that
expired in 1983. This title will fill ? se-
rious void in our ability to combat and
cope with international terrorism, and
to minimize and alleviate the hard-
ships on the family members, as well
as the hostages. If there is anything
we learned from the Iranian hostage
crisis, it is that first and foremost in
the minds of those hostages was con-
cern for the health, welfare and safety
of their family. This legislation would
help them to cope better with a peril-
ous situation and give them the kind
of peace of mind they deserve during
such an ordeal.
Title VIII not only provides compen-
sation for future hostages, but it pro-
vides retroactively compensation fclr
the hostages of the Iranian crisis.
They still have not received any com-
pensation, and yet 5 years has passed.
It is long overdue. It is grossly over-
due. And it is something that this Con-
gress has to address here and now.
I might also mention I that the Al-
giers agreement, which arranged the
release of our hostages, I denied these
hostages the right to sue in court and
to seek redress. So, at the minimum.
we as a country have an obligation to
provide the compensation that, as I
said earlier, is long overdue.
We have a- unique opportunity here
today, ladies and gentlemen, to take
strong action against international ter-
rorism. I urge this body to approve
overwhelmingly the legislation before
us. We will not regret having done it.
Ms. SNOWE. I thank the gentleman
for yielding.
Mr. YOUNG of Florida, Mr. Chair-
man, will the gentlewoman yield?
Ms. SNOWE. I yield to the gentle?
man from Florida.
(Mr. YOUNG of Florida asked and
was given permission to revise and
Mr. YOUNG of Florida'. I thank the
extend his remarks.)
gentlewoman for yielding!
Mr. Chairman, I rise in suppcin of H.R. 4151,
the Omnibus Diplomatic Security and Anti-Ter-
rorism Act of 1988.
My colleagues from Florida DANTE FASCELL.
the distinguished chairman of :the Foreign Af-
fairs Committee, and DAN MICA, the chairman
of the International Operations Subcommittee,
and my colleagues from Michigan Maine, Biu.
BnoOtaFtELD and OLYMPIA SNOWS, the rank-
ing minority members of the ;committee and
subcommittee, are to be commended for their
continuing concern and diligence to combat
the increasing threat from international terror-
ists.
This bill is a sobering reminder of the threat
terrorists pose to the security Of our Nation. It
provides for almost $3 billion in new budget
authority over the next 8 years to enhance the
security of our embassies and ;diplomatic mis-
sions overseas. We have had no choice but to
assume a bunker mentality to protect Ameri-
can officials abroad.
During the past decade, terrorists have at-
tacked U.S. officials or installations on the av-
erage of once every 17 days. lIast year alone,
173 international terrorists incidents were di-
rected at American individuals or facilities
abroad, resulting in the death of 23 Americans
and injuries to more than 150.
Although the United States remains the
prime target of international terrorists, our
allies are equally as vulnerable. Overall, there
were 812 international terrorist incidents last
year, claiming 928 lives and resulting in
almost 1,300 injuries. Our Nation obviously
cannot stand alone in the battle against terror-
ism.
In June 1984, I introduced legislation urging
the President to organize an International con-
vention to combat terrorism and to seek inter-
national agreemerds on the punishment arid
extradition of terrorists and their accomplices.
I also urged Increased cooperation among as
allies in sharing intelligence information about
terrorist cirginizations and in discussing court- '
terterrorism strategy and techniques. The For-
eign Affairs Committee included my legislation
March 18, 1986'
in a broader terrorism bill, which Congress ap-
proved and was signed into law by President
Reagan in October 1984.
Vice President Bush's task force on terror-
ism recently endorsed my proposal, saying in
his report released last month that, "Interna-
tional cooperation is crucial to long-term de-
terrence of terrorism."
There is a growing consensus in support of
my effort to organize an international conven-
tion or working group on terrorism and I'm
confident we are closer to the formation of
such an organization. The legislation we con-
sider today reaffirms the committee's belief in
such a concept
This legislation directs the President to es-
tablish an international coordinating commit-
tee, whose sole focus would be the problems
and responses to international terrorism. It
also seeks the help of our allies in protecting
innocent Americans traveling abroad.
During the past 5 years. there have been
more than 3,000 terrorist incidents worldwide,
claiming hundreds of lives, causing thousands
of injuries, and billions of dollars in damages.
No nation is immune to the threat
Our allies are looking to the United States
for the leadership to organize an international
working group to reduce the threat from ter-
rorism. We must step forward and decisively
take the lead in this effort so that we can at
last begin an organized campaign to capture
and prosecute terrorists. It's time that we put
the terrorists and would-be terrorists of the
world on notice that they will no longer be al-
lowed to roam the wodd freely and that their
crimes against humanity will no longer go un-
punished
Mr. FASCELL. Mr. Chairman. I
yield 3 minutes to the distinguished
gentleman from Pennsylvania (Mr.
YATRON1, chairman of the Human
Rights and International Organization
Subcommittee.
Mr. YATRON. Mr. Chairman, I
thank the gentleman from Florida for
yielding me this time.
Mr. Chairman, I rise in strong sup-
port of the omnibus diplomatic securi-
ty and antiterrorism bill.
I want to commend the chairman of
the Foreign Affairs Committee, Mr.
FASCELL, the ranking minority
member, Mr. BROOMFIELD, and in par-
ticular the chairman and ranking mi-
nority member of the International
Operations Subcommittee, Mr. MICA
and MS. SNOWS, for the outstanding
work they have done on this legisla-
tion. Their leadership has resulted in a
bipartisan strategy to combat one of
the greatest threats to the American
people: international terrorism.
Mr. Chairman, this legislation will
strengthen and enhance the Presi-
dent's ability to confront the menace
of terrorism in a realistic way by using
legal instruments and international
law. This is a comprehensive bill
which includes among its many impor-
tant provisions authority to deal with
international nuclear terrorism, U.S.
Port security, as well as procedures to
combat narcotics-related terrorism.
This commitment is reinforced with a
muciA-nCetled diplomatic security pack-
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H 1241
age designed to provide protection for
Americans serving abroad.
There has been a great deal of con-
cern expressed throughout the coun-
try that the United States does not
have an effective approach to combat
International terrorism. While it
would be unrealistic to expect the
United States to totally eliminate this
menace, the Congress and the admin-
istration have devoted coinsiderable
time and effort to establishing a co-
herent anti-terrorism policy, which is
embodied in this legislation.
This bill reflects the President's
commitment of combating terrorism.
It will not eradicate the threat but it
will serve as an effective deterrent.
The United States must be prepared
to provide security against terrorism
for its own people. Clearly, no other
nation can be expected to assume this
responsibility.
Mr. Chairman, in light of budget
constraints many of our colleagues
have reservations about the diplomatic
security package. I share those views.
and I am confident that the appropri-
ate steps have been taken to preclude
cost overruns and fiscal mismanage-
ment. The committee has gone to
great lengths to reprioritize the over
250 projects which require security im-
provements to reflect the concerns
many of us have about cost effective-
ness. Further, this legislation requires
the Secretary of State to provide the
appropriate congressional committees
with detailed justifications for every
program and project.
Mr. Chairman, if we are serious
about protecting our people against
the scourge of terrorism, we must
match our words with deeds and pro-
vide the President with the necessary
resources and authority he needs to
carry out this vitally important task.
In conclusion, this legislation can
serve as a springboard toward greater
international cooperation in combat-
ing a problem that threatens the
future stability and welfare of every
nation. I strongly urge my colleagues
to support this bill. ?
0 1655
Mr. BROOMFIELD. Mr. Chairman.
I yield 5 minutes to the gentleman
from New York (Mr. Orr..arah), a senior
member of the minority.
(Mr. GILMAN asked and was given
? permission to revise and extend his re-
marks.)
Mr. GILMAN. Mr. Chairman, ladies
and gentlemen of the committee, I am
pleased to rise in strong support of
H.R. 4151. The Omnibus Diplomatic
Security and Anti-Terrorism Act of
1986. This bill Is a monumental step
forward in the protection of American
citizens traveling or working abroad,
and will ultimately lead to increased
security for them at home, as well.
Over the past several years. the Con-
gress has become more and more
aware of the threat posed by interna-
tional terrorism. The House has not
shirked its duty to do everything in its
power to give our executive branch ef-
fective weapons in the fight against
terrorism. Everyone should under-
stand that our fight against terrorism
is not one dimensional. In this bill, as
in previous legislation, we give empha-
sis both to unilateral and multination-
al approaches to the problem. As we
struggle to understand the origins of
terrorism, we realize that in many
cases it results from the frustration of
Political aspirations which may in
some cases be legitimate; or with
which we can sympathize. But we
must demonstrate our unshakable re-
solve to combat those who act out
their frustrations by killing innocent
men, women, and children, or by
taking up arms against democratic
governments and institutions.
This legislation was carefully crafted
under the leadership of the distin-
guished chairman of our Foreign Af-
fairs Committee, the gentleman from
Florida (Mr. FAscei.r.l and the ranking
minority member, the gentleman from
Michigan (Mr. BROOMYLIOL Major
portions of this legislation?most nota-
bly the deplomatic security and hos-
tage relief provisions?were drafted
under the guidance of the gentleman
from Florida (Mr. Mica) and the gen-
tlelady from Maine (Ms. Saovisl. chair-
man and ranking minority member, re-
spectively, of the Subcommittee on
International Operations. Some of the
provisions were contributed by other
committees, such as the Committee on
Post Office and Civil Service, on which
I also serve, which first acted on the
hostage relief provisions, and which
endorses this legislation. Other com-
mittees cooperating in this' venture
were the Committee on Merchant
Marine and Fisheries and the rpommit-
tee on the Judiciary. We thank them
for their cooperation in this venture.
The bill begins with the authoriza-
tion of a massive construction pro-
gram to protect Americans' serving
their country abroad in the diplomatic
and consular services and in the many
other agencies which are housed in
American missions abroad. It will
create a new Bureau of Diplomatic Se-
curity, to strengthen 254 U.S. facilities
overseas. A new Bureau of Diplomatic
Security is created to centralize re-
sponsibility for security 'matters
within the State Department. When
security-related incidents' I occur
abroad, boards of inquiry will examine
our response and determine' if any ad-
ditional action or precautions are re-
quired.
The bill contains provisions for deal-
ing with difficult problem of increas-
ing security at foreign seaports, so
that it will be harder to carry out ter-
rorist attacks on Americans or others
at sea. These provisions are modeled
after the recently passed measure de
signed to beef up security at foreign
airPorta, and include assessments of
security at foreign seaports, backed up
by the threat that travel advisories
wjIl be issued in the absence of
progress.
Provisions aimed at dealing with the
problem of nuclear terrorism are also
featured in the bill are aimed mainly
at stimulating international coopera-
tion to deal with the awsome threat to
civilization posed by the possibility
that a Qadhafi or a Khomeini could
get their hands on a nuclear device.
Americans traveling abroad often
feel that they are threatened because
their- place of birth appears on their
passports. We have included a provi-
sion aimed at stimulating internation-
al agreement on the deletion of this
Information as an item on most pass-
port; we also state in our committee
report that we expect the Secretary of
State to use his existing authority to
Issue passports without place of birth
information.
The bill at long last provides an ade-
quate settlement for the hostages
taken at our Embassy in Teheran, who
have not, until this day, received their
final compensation; it establishes a
uniform, compassionate, and reasona-
ble appropriate system for aid to any
of our employees who may be taken
hostage in the future, as well as for
their families.
Finally. Mr. Chairman. I would like
to turn to the provisions of title V of
the bill. These provisions are especial-
ly important ones because they relate
directly to actions which can be taken
by our own State Department to help
combat terrorism.
Section 501 provides for the estab-
lishment of a list of most-wanted
international terrorists.
Section 502 increases the amount of
rewards which may be offered for the
capture of terrorists either on the list
of most-wanted terrorists, or who are
otherwise infamous.
Section 503 relates to rewards for in-
formation relating to international
narcoterrorism and drug trafficking.
The phenomenon of rtarcoterrorism is
a relatively new one. but it is highly
destructive?It involves the use of ter-
roristic tactics against drug enforce-
ment and diplomatic personnel?a new
escalation in the criminality of naroc-
tics traffickers.
The section is not intended to set up
a program competing with the those
under the jurisdiction of the DEA.
Rather, the section is intended to pro-
vide additional weapons?in the form
of rewards for the capture of the most
major,. infamous traffickers?which we
hope will ordinarily be offered in coop-
eration with foreign countries. The
provision specifies that in the case of
rewards for the apprehension of nar-
cotics traffickers, the Secretary of
State is to act in consultation with the
Attorney General. The section also
provides for the offering of rewards
for the capture or thwarting of actions
directed against American personnel.
or those who assist them abroad, or
their families. We must do everything
In our power to protect those individ-
uals who risk their lives to keep our
streets free of narcotics.
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Section 504 provides for the im-
provement of the coordination of the
antiterrorism assistant* PselinMs by
the Secretary of State.
Section 505 authorizes up to 41 mil-
lion annually of our antiterreeism as-
sistance funds may be used to Isrtnent
judges or informants who hen, UB
work against terrorists.
Section 508 provides that Cangreas
should be notified when travel advisor-
ies are Issued by ouir Goverment.
Section 507 is a sense oe Congress
provision stating that if a terrorist in
occurs abroad, and Libya or
Iran support the terrocists, a travel ad-
visory should be biased unless the
Libyan or Iranian missions to that
country are closed. In addition. the of-
ficial missions of any other nation
which uses its missions to support ter-
rorism should be closed after an attack
on Americans, on pain of the issuance
of a travel advisory.
Section 508 is a consensus Provision
designed to prohibit the provision of
services to the military, police, or in-
tenigence services of countries on the
terrorist list maintained under the
Export Administration Act.
Section 509 would prohibit the
export of any item on the U.S. =mi-
t:ton Ma to any country on the terror-
ist lhe it also provides that the Frest.
dent is to take all feasible steps to pro-
hibit the export of goods or technolo-
gy to a terrorist country if the Secre-
tary of State determines that such ex-
ports would make a significant contri-
bution to that country's military po-
tential or enhance its ability to sup-
port international terrorism. The
President is directed to take aft feasi-
ble steps to secure the cooperation of
other governmenta in efforts along the
Lines of the provisions of section 509.
Mr. Chairman, the provisions of this
bill, are carefully designed and are the
product of wise emenetation within
this House and with the executive
branch. The bill is supported by the
administrator. I applouti the commit-
tee leadership on both sides of the
aisle for its work oa the b@ and its co-
operation in aceonmodoting sense eon-
cerns I raised?notably on the place-
of-birth issue and the broadening of
the Levine amendment now carried in
section 507 of the bal.
Accordingly, Ms. Chairman. I urge
my colleagues to support this legisla-
tion.
Mr. PASCELL. Mr. Chairman. I
yield 4 minutes to the gentlewoman
from Maryland Eils. Murmur]. the
chairman of the Subcommittee on
Oceanography.
(Ms. Mamma asked and was given
permission to revise and extend her re-
marks.)
Ma. MIKULSKL Mr. Chairman. I
rise In strong support of MR. 415L
For too long, too many innocent
Americana have suffered injury or
death at the hands of international
terrorists.
Whoever said that one terrorist Is
another person's freedom fighter has
a callous disregard for the real victirns
of international terroriani.
Haw an 11-year-old girl returning
home. for the holidays, a, wheekhair-
bound 12-year-old retiree* a vacation
cruise, and a 23-year-old Nosy diver on
leave stood in the sae of anyone's
freedom is a mystery to me and every
American.
We mast no longer ignore the issues
of terrorism. Seared in our memories
are the bombings of oue Marine ;w-
racks in Beirut, the tormenting of
senior citizens held Menage on the
4chille Lawn and the Christmas-time
machine guerengs at the Rome and
Vienna Airports.
Congress must send a clear message
to terrorists the world eves that we
will not tolerate the brutal acts by the
bully-boys. This legislation does Just
In addition to strengthening the
that.
physical security of oar eiebassies and
diplomatic posts, It also seta in motion
a framework for maritime ammterter-
rorism. I am very proud to my that I
Initiated this component Calling for an
international conference I establishing
seaport security and psonenger safety.
This grew out of listening to the Mas-
king farnity, a New Jersey couple who
was held hostage on the Add& Latino.
They told us in grim debili how they
were tmatted and tormented by the
terrorists and then described the final
moments of Mr. Klinghofferes
Bet even more sheeting was how
they described the lax procedures that
allowed that to happen. No screening
of bags, no screening of 'people, ease
access to the vessel, and no one on
board to light back.
That is why my legislation coils for
International standards and agree-
ments.
This legislation would reeufte par-
ticipating nations to take !tough steps
to combat terrorists. It calls for sea-
Port mreening of cargo and baggage
similar to that used at airsiorbe it adds
extra security to restrict access to
cam, dockside property and the ships
themselves; and it calls for additional
security persoeusel on board strips, like
sea marshals, comparable to sty mar-
shals.
Tourists used to ask, when planning
a vacation, where will they go. Nov
they ask, will they be able to come
back.
The maritime component of this leg-
islation ensures that they will wine
back.
We ask the private sector to cooper-
ate in this, for good security is good
business.
In addition, this legislation also au-
thorhes $125 million for the Coast
Guard W add personnel to bohter its
historic security role at our Nation's
ports. It mandates a risk assessment
for the Nation's ports and guarantees
that we will deter saboteurs it every
wharf, warehouse, and dock.
Mr. Chairman. I want to concede by
saying that every now and again in
this House we get to do something
?
March 18, 1986'
that we are so very proud of and work
on a bipartisan bests. Today, united as
one Nation and one Congress, we say
"No" to the bullies.
Mr. BROOMFIELD. Mr. Chairman.
I yield 4 minutes to the gentleman
from Arizona (Mr. McCene), who is a
member of the subcommittee which
reported this bill to the committee for
consideration.
(Mr. McCare asked and was given
permission to revise and extend his re-
mark&I
Mr. McCun. Mr. Chairman. I would
like to commend the efforts of Chair-
men Ftsczet and Mica, along with Mr.
BROOM/133.D and Ms. SNOW& for their
work on this legislation.
I would also like to mention the fine
work of the Secretary of State's Acjvi-
sory Panel on Overseas Security.
Chaired by Adm. Bobby Inman. The
recommendations of this panel were
the basis of the diplomatic security
section. titles I-IV, of this bill. I would
like to thank Chairman MICA for the
Inclusion of ray language to limit ap-
propriations for a halal year so that
they may not exceed the amounts
specified for such program in the De-
partment of State's budget in brief for
fiscal year 1987 (title IV,. section
401(e11.
We must be careful not to allow this
bill to become a permanent budget
item. It mist be a cam-time authorize-
ton Too mammy Government programs
are supposed to last for a short period
of time, yet seem to develop lives of
their own.
I would like to call the committee's
attention to title VII. section 701. Con-
sideration of International Terrorism
at the Tokyo Economic Summit Con-
ference, language which I included
during consideration by the commit-
tee. Last year, Abu Abbe& who was re-
sponsible for pismire the Achille
Lasso Hiladting, tamped justice to
two foreign nations This gectim will
attempt to ensure that such a trwresty
is never repeated. It seeks to hare ter-
rorism included for dispassion at the
Tokyo Summit. In addition, it directs
President Reagan to expand the
Agreed Statement of the Seven Indus-
trialised Nation, mode at the 1978
Bonn Conference regarding aircraft
hijacking.
That declaration of panty must in-
dude all hijackers, not jest those of
aircraft. Those who plan the hijack-
ings must also be brought to Justice.
Finally, this language seeks to expand
the range of sanctions imposed on na-
tions that evade their responsibility to
the civilized world by coddling terror-
ists.
Later. I will be Introducing two
amendments to title VIII. Victims of
Terrorism Compensation. When this
matter was first considered by the
Committee on Poregin Affairs last
year, it had several major flaws: It did
not cover members of the 17.S. Armed
Services. it allowed for different rates
of-compensation, and set the rate of
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March 18, 1986
compensation at a base far beyond his-
torical or responsible levels. We were
able to correct the most blatant of
these by extending protection to mem-
bers of the armed services along with
civilian Government employees. How-
ever, there are still problems-.-which
should be addressed.
This legislation sets up a program
resembling an entitlement, so we must
proceed with caution and base our de-
liberations upon fact not emotion. My
first amendment will delete Presiden-
tial discretion, for degrees of treatment
or harshness. The experience of being
held captive by an enemy government
or group Is not pleasant, but it is not
possible to objectively determine what
constitutes fair or unfair treatment
for purposes of compensation. We are
not discussing payment for physical or
psychological injuries, we are talking
about a cash payment on top of sala-
ries and other benefits.
My second amendment sets a lower
base rate of payment. As written, this
title would provide a payment based
on the worldwide average per diem
rate, roughly $80 to $70 a day. There
is no logical, historical or economic
basis for this figure. American
P.O.W.'s from World War II, Korea
and Vietnam were not given anywhere
near this amount. President Carter's
Commission on Hostage Compensation
did not recommend anything close to
this number or formula. I believe my
amendment which sets the base rate
at $20 a day is fair, equitable and fis-
cally responsible.
During consideration of these
amendments. I intend to present sup-
porting information on these points.
The information on these points,
Mr. Chairman, will be not from just
my experience nor the time that I
have spent on issues such as these, but
will be based on the President's Com-
mission that President Carter appoint-
ed in 1980 to try to set about finding a
fair and equitable compensation for
the Iranian hostages. Their conclu-
sions were dramatically different from
the legislation as it is presently writ-
ten: Later on will go into the mem-
bership of that Commission, and their
recommendations.
Mr. FASCF:LL. Mr. Chairman. I
yield 3 minutes to the distinguished
gentleman from Connecticut (Mr.
Gamensoril. a very active member of
the Committee on Foreign Affairs.
(Mr. GEJDENSON asked and was
given permission to revise and extend
his remarks.)
Mr. GEJDENSON. Mr. Chairman. I
am especially pleased to see the inclu-
sion in this Omnibus Anti-Terrorism
Act of a provision that directs the
President to include the subject of
international terrorism on the agenda
of the upcoming Tokyo economic
summit,. to seek the establishment of
an international antiterrorism coordi-
nating committee and a provision that
urges the President to seek interna-
tional agreement on the sharing of in-
formation on passports and visas in
order to moreeffectively Icombat ter-
rorism.
The President. and indeed all of us
who meet with our allies, Should take
advantage of every opportunity to
raise this issue and to seekltheir great-
er cooperation in the crucial battle
against international terrorism, be-
cause the only way we can hope to put
a halt to this scourge is by a vigorous
and coordinated campaign by all those
countries who have an interest in de-
flying the terrorists safe haven and fi-
nancial or political support!
It is not enough for our Mends and
allies in the world. to offer their verbal
support for our antiterroiism policy,
they must be willing to take economic
and political steps to make this world
a very difficult place for a ;terrorist to
live in. So I urge my colleagues to lend
their support to this measure before
us today as an encouragement to the
President to seek the international co-
operation that is needed to combat
terrorism.
0 1710
Mr. BROOMFEELD. Mr. Chairman.
I yield 5 minutes to the gentleman
from Florida (Mr. Limns].
Mr. LEWIS of Florida. I thank the
gentleman for yielding me this time.
Mr. Chairman. I would like to com-
mend the chairman. Mr. PARC= of
Florida. the chairman of the Foreign
Affairs Committee for his excellent
work in bringing this bill before the
House. Also Mr. BROOKFIELD, Mr.
MICA, the subcommittee chairman.
and Ms. SNOWY, the ranking Republi-
can on the Subcommittee fOr Interna-
tional Operations of that committee.
Mr. Chairman, I would like to
engage the gentleman from Florida.
(Mr. SMITH], in a colloquy about H.R.
4151 and particularly section 503. I am
deeply concerned about the ever-grow-
ing number of terrorist activities oc-
curring overseas, and in fact the ef-
forts of my colleague. Mr. Siam of
Florida. as chairman of the Task
Force on International Narcotics, has
brought the necessary attention to the
seriousness of the narcotics problem
throughout the world. I
However, I have some reservations
regarding the language as mentioned
in H.R. 4151 pertaining to internation-
al narcoterrorism and drug trafficking.
In particular. section 503.
Because of these reservations, many
of which have been brought to me by
the Drug Enforcement Administra-
tion, our Nation's leading I drug en-
forcement agency, I would like to
enter into a colloquy with my friend
and distinguished colleague on this
section.
Mr. Sum, in section 503 of H.R.
4151, do we set up a parallel; or dupli-
cate program, one which is already
under the jurisdiction of the ,Drug En-
forcement Administration? I
Mr. SMITH of Florida. If the gentle-
man will yield, it was clearly not the
intention of the committee to set up
an informant system for the State De-
partment to rival or compete with that
of the DEA. The Secretary's authority
is limited to information rewards on
major narcotices terrorist-type traf-
fickers for offenses committed outside
the United States. Mostly as we antici-
pate acts committed against people
who have committed crimes against
Embassy personnel or people involved
in eradication programs or other
forms of narcotics where terrorism is
involved.
Mr. LEWIS of Florida. As you know,
the Drug Enforcement Agency is this
Nation's leading drug authority, both
at home and also abroad. As you men-
tioned, are we not establishing an-
other information reward system
through the State Department when
we already have one set up with the
DEA?
Mr. SMITH of Florida. If the gentle-
man will yield, the purpose of this
amendment is not to put the State De-
partment in the business of narcotics
enforcement overseas. That is not the
intention of this section of the bill.
The purpose is to give the Secretary of
State the ability to fight fire with fire
when United States Embassy ,officials
and employees, contract employees,
such as the 20 Peruvian eradication
workers who were murdered last year,
are killed or kidnapped by what we
know to be drug kingpins who are en-
gaged in terrorist activity.
Unfortunately, under the current
provisions of the State Department
authorization bill, that drug activity is
not considered to be terrorist in
nature.
Mr. LEWIS of Florida. If the gentle-
man would further explain, I have a
concern and a concern of many people
at this point in time. We have created
an atmosphere of informants and of
cooperating individuals with our vari-
ous reward system as stated.
Are we setting up a situation where
these informants and these individuals
would shop around, so to speak, for
the best- deal? How do we protect our-
selves from this shopping around?
Mr. SMITH of Florida. If the gentle-
man will yield, the Secretary of State,
as you know, under the terms of the
bill must consult with the Attorney
General before making any rewards at
all.
Second. I doubt, and I think the
committee doubts that people like
Carlos Lehder or others of that ilk
that are trafficking and engaging in
terrorist activities are going to shop to
be informants.
Third. this provision Is not intended
to enable the State Department to pay
rewards to DEA informants but really
to public informants. That is what we
are looking to get. The whole purpose
' of it is to make the traffickers scared
that people will be paid to turn them
in, and where they are getting support
because they are paying people, we are
going to do the same thing to them.
Mr. LEWIS of Florida. Can the gen-
tleman assure this gentleman that in
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H 1.244 CONGRESSIONAL RECORD? HOUSE
the final analysis the bill. in Passage
of the bill that we will not have a par-
allel system?
Mr. SMITH of Florida. If the gentle-
man will yield. I have told the gentle-
man and the others who have con-
cerns about this we do not wants. Par-
allel sYstem, and right now language is
being prepared by the agencies who
are involved, Justice. DEA. and State
to take care of this problem. if any
exists, and at some stage in this pro-
ceeding in the Senate. in conferesice,
wherever, if the language is agreed to
and can help fix this, we will put it in
to ensure that the gentleman's con-
cerns are taken care of.
I thank the gentleman for his help
in this matter.
Mr. LEWIS of Florida. I thank the
gentleman
Mr. FASCELL. Mr. Chairman. I
yield 2 minutes to the gentleman from
New York (Mr. Acinsuirantl.
(Mr. ACKERMAN asked and was
given permission to revise and extend
his remarks.)
Mr. ACKERMAN. / thank the gen-
tleman for yielding me this time.
Mr. Chatrman. international terror-
ism poses a complex, dangerous threat
for which there is no quick or easy so-
lution. But the omnibus antiterrorism
legislation before us today will signifi-
cantly improve our capabnity for com-
bating terrorism.
As we have become all too aware,
terrorist attacks are growing at an av-
erage annual rate of about 12 to IS
percent, and have become an ever-
present threat throughout the world.
Most recently, the hijackers of the
cruise ship Achille Lawn) brute/1y
slayed Leon Klinghoffer, a partially
paralyzed New York appliance shop
owner on the trip as a 30th weddine
anniversary present to his wife.
This terrible tragedy was allowed to
happen largely because of inadequate
security at one of the Achille Lames
porta of call. The lack of baggage
checks and paisaiger screening at
Genoa appears to have enabled the hi-
Jackers to smuggle the weapons on
board that made it much easier for
them to take control of the ship.
Preflight screening of passengers
and their carryon baggage is the cor-
nerstone of our domestic aircraft sew-
rity program. Since 1972. these proce-
dures have detected over 30.000 fire-
arms, and have resulted in 13.000 ar-
rests. Recent terrorist acts against Pas-
senger airplanes and cruise ships point
out the need for us to continually
monitor and update our security pro-
cedures. This is especially true at ports
and on board ships, where there are
presently no international or federally
prescribed security measures As a
result, many porta have no baggage or
personnel screening at all. In many
places, completely unrestricted access
to passenger and cruise vends pro-
vides ample opportunity for terrorists
to perform their evil deeds.
I am pleased that the Foreign Af-
fairs Committee decided to incorpo-
rate into the omnibus antiterrorism
bill before us legislation Which I intro
duced. to authorize the Secretary of
Transportation to require stringent
International maritime safeguards.
These include the use cd metal detec-
tors, cargo and butane screening, and
other comprehensive safety measures
for all passenger shies leaving Ameri-
can ports for international waters.
The bill would also require the State
Department to mesa the iffeettvenem
of security measures at those faretgn
ports that pose a high risk of terrorist
attacks on Paasenger vessels, to notify
foreign governments if security is in-
adequate, and to imue an immediate
travel advisory if the port is not
brought up to standard. In irtion.
the President must snipe* service be-
tween the United States and any for-
eign nation that Imovides sanctnarY to
terrorist organizations wish* ate paw
sengex vessels.
Of parttcular importance is a provi-
sion in the measure that urges the
President to seek agreement through
the International Maritinie Organiza-
tion on matters of seaport sad sea-
board seenritY, and to submit to Con
gress a report on progress; in develop-
ing measures to prevent terrorist acts
against crews and passengent aboard
ships. Cooperation with hest govern-
ment is essential, since they have the
primary responsibilleY foe providing
security for U.* cittseno and facilities
abroad. Securing the 'morel-anon of
the civilised nations of the world in
applying political or economic pres-
sures on those lands that sponsor ter-
rorism is a difficult yet vital part of an
overall antiterrorism program.
Mr. Chairman, dealing I effectively
with terrorism requires I king-term
measures to protect motormen; and
cargo, and to train security personnel.
We in the free World must work to-
gether to gather sad share intelli-
gence so that we may put in end, once
and for all, to these terrorist threats.
The bill we are considering today In-
corporates these essential elements. I
strongly urge my colleagues to support
this needed legitlation to 'educe the
risks of terrorism.
Mr. BROOMFIELD. Mr. Chairman.
I yield 2 minutes to the gentleman
from Penney/vales (Mr. WALKER].
Mr. WALKER. Mr. Ctiairman, I
thank the gentleman for yielding.
This is basically a good bill. It does
many excellent things to Control ter-
rorism and protect Americans against
terrorism.
The problem I have with. the bill is
that it takes a direct end run around
both the budget process and Gramm-
Rudman. I think we need to be con-
eerned in this Hotne when we bring
legislative to the floor that we live
within the strictures, that we have
mandated on ourselves trying to more
toward a balanced budget In MIL.
That is the problem with this bin. It Is
an attempt to get out from under-
0 1720
March 18, 1986
neath the balanced budget law and do
an end run around the process.
What we are cresting* here is a new
authorization. The new authorization
is entirely correct. It is a way of at-
tempting to find out or establish a
method for getting at payment in com-
pensation to hostages and people held
by terrorists.
The problem is that we also set up in
doing so an entitlement program, a
brandnew entitlement program. That
Is done in violation of the budget bill.
It is done in violation of Gramm-
Rudman. and I have to say it is done
knowingly, became the rule that
brought it to the floor waived the pro-
visions of Gramm-Mennen in order to
get the bill out here.
Now, what we need to do is look at
correcting that particular problem.
Now, let us understand what it is we
are doing here. First of all, with
regard to pay and benefits, as men-
tioned in the authorization bill, we are
continuing the pay and benefits
people would get anyway. Those are
already authorised and appropriated.
We would not in any way Impinge
upon people getting their pay by
taking out the entitlement. It is al-
ready provided for in the appropria-
tion: so the pay that either goes to
famines or to individuals which will
continue to flow because that is al-
ready appropriated for and- would be
under any cbrumstances.
What we are talking about here is an
add-on program to provide medical
and educational benefits to hostages
and hostage families, as well as cash
compensation and the cash compensa-
tion has to come within 1 year to
former captives.
We do that as an entitlement pro-
gram. We do it right up front as an en-
titlement program.
Now, I heard the arguments out
here that somehow we haw not been
able to react in the past. Well, we have
never had an authorisation in the
past. There has been no program for
doing this. We have never authorized
such a program before. We have never
had a mechanism.
Why can we not at least try, once we
have the mechanism in place, to do
the Job of appropriating annually?
I would say to the people who sug-
gest that the Iranian hostages have
not been compensated. they are abso-
lutely correct. There was no such pro-
gram for the Iranian hostages: but if
we had that program in place and you
brought a supplemental appropriation
to this floor in the midst of the crisis.
k would pass like that. There would be
no problem getting that done in the
midst of the crisis. Why do this end
run? Why can we not at least try the
regular process? If the regular process
does not work, then go to the entitle-
ment: but why do we have to start
with the entitlement? Why go that
route right away?
It seems to me at the very least we
aught to be out here protecting the
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CONGRESSIONAL RECORD ? HOUSE H 1245
process that we have put in place.
That is what I am asking for in the
amendment that I will offer. It in no
way impacts on the authorization
process. It keeps the authorization
process in place. It simply says, "Don't
go to an entitlement now. Make the
money a part of the regular ageropria-
tion process. Say to us that we are
going to have to come up with the
money as a part of our effort to get to
a balanced budget." That is all my
amendment will do. It will keep the
authorization program established in
this bill absolutely in place. It will
simply set up a different mechanism
for payment that says that Congress
ought to vote the money before we
pay the money and it seems to me in
light of the budget problems this
country faces, voting the money
before we pay the money makes pretty
good sense.
Mr. FASCELL Mr. Chairman. I
yield 3 minutes to the distinguished
gentleman from Michigan (Mr.
Wound. the chairman of the African
Subcommittee.
Mr. WOLPE. Mr. Chairman. I thank,
the gentleman for yielding.
I want to pay tribute to both the dis-
tinguished chairman, the gentleman
from Florida (Mr. FASCISM, and also
to the ranking member, the gentlemitn
from Michigan (Mr. 'inmost:mu:IL and
to the gentleman from Florida Mr.
Mica], and the gentlewoman from
Maine (Ms. 13Novisl, the ranking
member of the subcommittee, for de-
veloping this excellent legislative
product.
I would like to take Just a moment to
draw the attention of my colleagues to
title VI of the omnibus antiterrorism
legislation that we are now consider-
ing. Title VI embodies legislation that
the gentleman from Maryland (Mr.
BARNES] and I had introduced, and fo-
cuses specifically on actions to prevent
or deter acts of international nuclear
terrorism. As many of my colleagues
know, this is an issue I have been ex-
tremely concerned about for several
years and therefore I am particularly
delighted to see our committee and
this body assert needed leadership on
what is surely one of the most serious
of all pending threats to our national
security?the prospect of terrorists
going nuclear.
There may be some who consider
this a farfetched or unlikely scenario.
But to those individuals. I say "please
think again." Anybody who believes
that terrorists cannot squire the tech-
nical information necessary to build a
nuclear weapon has not thumbed
through a recent encyclopedia or basic
college physics text. And surely events
of the past several years leave no
doubt that terrorist fanatics clearly
possess sufficient ruthlessness and
cunning to carry off a nuclear attack.
The fact is that it only takes three
things to construct a nuclear weapon:
First, the technological know-how;
second, as little as 20 pounds of a nu-
clear explosive material; and third, a
political decision to put the first two
together.
Title 8 provides for very modest and
minimal steps that must be taken if we
hope to stave off the day when terror-
ists groups squire a nuclear explosive.
Obviously, this effort will require ex-
tensive international cooperation, so
title 8 directs the President to seek
universal adherence to the Convention
on the Physical Security of Nuclear
MateriaL Further, it asks the Presi-
dent to work with our allies and other
countries to minimize the amount of
nuclear explosive material in interna-
tional transit and to insure the most
stringent of- security conditions for
any such shipments. With incidents of
International terrorism sit clearly on
the rise, these efforts to keep nuclear
weapons grade material out of circula-
tion and out of the hands of terrorist
groups takes on an added urgency.
This title also directs the !President to
seek agreement within the U.N. Secu-
rity Council on an effective interna-
tional strategy to deter nations or sub-
national groups from engiging in acts
of nuclear terrorism and to respond on
a coordinated, international basis
should such a catastrophe occur. The
final provision I would like to high-
light seeks to strengthen the role of
the Department of Defense in assur-
ing that the physical protection stand-
ards applied to all exports or subse-
quent transfers of special !nuclear ma-
terial are fully adequate to deter theft,
sabotage, or any other act of terrorism
which would result in the diversion of
that material. We cannot afford to
settle for any lesser standard when the
stakes are so terribly high.!
Mr. BROOMFIELD. Mr. Chairman.
I yield myself such time as I may con-
sume.
Mr. Chairman, before I reserve the
balance of my time, I want to indicate
that the Vice President I sent me a
letter where he headed up the Presi-
dent's committee on combating terror-
ism and he indicated today in a letter
to me that he wanted me to know how
much he appreciated our 'committee's
Prompt and bipartisan action on the
legislative recommendation of the Vice
President's Task Force on Combating
Terrorism.
He said:
Inasmuch as this report was publicly re-
leased on March 6, 1986. it Is Particular',
gratifying to see such quick action. I know
you have worked closely with the chairman
on this legislation. It has beenitruly a bipar-
tisan effort that reflects close cooperation
and this will become a major part of our
overall program to combat international ter-
rorism.
I urge speedy enactment of the legislation
that Is necessary to complete this important
work.
Signed: ?MOROI BUSH, VIES Presi-
dent.
Mr. FASCELL. Mr. Chairman, I
yield 3 minutes to the distinguished
gentleman from Maryland (Mr.
ataxia), the chairman of the Subcom-
mittee on the Western Hemisphere.
(Mr. BARNES asked. and was given
permission to revise and extend his re-
marks.) ?
Mr. BARNES. Mr. Chairman. I want
to thank our distinguished chairman
of the committee for yielding me this
time. I want to commend his leader-
ship and that of the Republicans on
the committee with whom we worked
with very closely.
This is an enormously important
piece of legislation.
I want to pick up on the comments
of my friend, the gentleman from
Michigan (Mr. WOLPC, with whom I
had the privilege of working and offer-
ing some of the language with respect
to nuclear terrorism.
If you think about it for a minute.
given the amount of weapons grade
material that exists in the world and
the shipments of it that take place
constantly around the world, it is
almost inevitable that at some point
some terrorist or terrorist organization
will obtain enough of that material to
put together a nuclear weapon and
threaten civilization with the ultimate
terrorism and that is the threat of a
nuclear weapon being exploded in an
urban area..
It is almost inevitable that that will
happen unless we get very tough
about the way we deal with weapons
grade materials and unless we get very
tough in the standards that we estab-
lish for the transfer of those materi-
als.
If it ever happens, if 1 year from
now or 10 years from now or 30 years
from now some terrorist gets hold of a
nuclear weapon, everyone in the world
is going to point at us, the people who
were in office when the decisions were
made about how these materials are
transported and how they are used,
and say. "How come you didn't do ev-
erything humanly possible to make
sure that this couldn't happen, that a
terrorist organization or a terrorist
state could not get access to nuclear
weapons?"
Well, we have the opportunity today
to take some very modest steps. Quite
tranklY, a number of us wanted to do
more to make our procedures even
stronger with respect to the handling
of weapons grade materials; but at
least this legislation takes some first
steps and assures that we are moving
in the right direction toward doing
what needs to be done to make it im-
possible for terrorists to get hold of
nuclear material, plutonium and other
weapons grade material, that poten-
tially someday could threaten the civ-
ilized world with the ultimate danger.
nuclear terrorism.
I strongly urge bipartisan support
for this legislation. It is terribly impor-
tant that we begin the effort of insur-
ing that that day will never come.
Mr. PASCELL. Mr. Chairman. I
yield 3 minutes to the distinguished
chairman of the Committee on Mer-
chant Marine and Fisheries, the gen.-
0
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CONGRESSIONAL RECORD ? HOUSE
tleman from North Carolina (Mr.
Jona).
Mr. JONES of North Carolina. Mr.
Chairman, I rise in strong support of
H.R. 4151, as amended the Omnibus
Diplornatic Security and Arit6Terror-
ism Act. Events over the past several
years. culminating in. the unprecedent-
ed act of high seas terror against U.S.
civilians who were cruising the Medi-
terranean Sea aboard the Italian
vessel, the Achille Lauro, necessitate
immediate legislative action. Any
delay, by the United States, in acting
can only serve to convince the faceless
jackals who prey on the innocent, that
they can continue to violate the most
basic rules of a civilized society with
complete impunity.
Last fall, the Committee on Mer-
chant Marine and Fisheries initiated
hearings and investigations into the
threat of terrorism in the maritime
sector. We considered safety on board
Passenger vessels and critical cargo
carriers plus port security, both do-
mestic and foreign. At our urging,
there has been included within the
text of the measure before the House,
those measures we feel must be en-
acted. In addition, as a result of the
examination of the data collected
during our investigations, an amend-
ment was offered during markup in
the Committee on Foreign Affairs
that would allow the U.S. Coast Guard
to better carry out its responsibilities
in respect to the assessment and con-
tainment of the risk of terrorism.
Clearly, within this vital legislation.
and more particularly, within title IX
are matters of vital concern to our
committee. Their enactment will have
a continuing impact on programs and
agency responsibilities within our ju-
risdiction. In the interest of speed, we
chose not to markup a bill of our own.
Instead, it was our responsibility as
well as our pleasure, to participate in
the drafting of legislative as well as
report language. In recognition of our
Joint roles in bringing this legislation
to the Committee on Rules as well as
to the floor of the House, Chairman
FASCEIX and I exchanged letters,
copies of which I would ask be?includ-
ed in the RECORD of these proceedings,
at this time. Once again. I applaud the
Committee on Foreign Affairs and its
chairman, the distinguished gentle-
man from Florida. for coordinating
the efforts of the several committees
involved in the process of bringing this
vital legislative package to the House.
In closing, Mr. Chairman, I com-
mend this legislation to the Members
of this body, and urge your yes vote
for this measure, which will send a
strong positive signal that the United
States means business.
I include the following correspond-
ence:
Column= ON
MERCHANT MARINE AND FISHIIIIES.
Washington, DC, March 12, 1986.
Hon. DArrrx B. FaacinI, I
Chairman. Committee on Foreign Affairs.
House of Representatives, Washington,
DC.
DEAR MR. CHAIRMAN: I would like to con-
gratulate you on bringing the Omnibus Dip-
lomatic Security and Anti-Terrorism Act of
1986 to the House in such an expeditious
manner. It was indeed a pleasure to cooper-
ate with your Committee on those matters
over which this Committee has sincere con-
cern and Jurisdiction.
As you know, our Subcommittee on Mer-
chant Marine held extensive Ihearings, both
In Washington and at Florida ports that are
dominant in the cruise passenger trade, fol-
lowing the ACHILLE LAURO incident.
Based upon these investigations. the Sub-
committee on Merchant Marine recom-
mended that certain steps be taken to better
prepare the United States and its citizens
against the threat of terrorism on the high
seas and in ports. The Committee on Mer-
chant Marine and Fisheries Wholeheartedly
supports these recommendations that are
now included in Title IX of the Omnibus
Diplomatic Security and Anti-Terrorism Act
of 1986.
Because of the urgency of the matters
contained within this bill, we have agreed to
forego further consideration Of those meas-
ures within the Joint Jurisdiction of the
Committee on Merchant Marine and Fisher-
ies and the Committee on Foreign Affairs
with the agreed understanding that subse-
quent legislation and oversight dealing with
matters of maritime security! such as con-
tained within Title IX of the bill, are indeed.
within the Jurisdiction of the Committee on
Merchant Marine and Fisheries. During the
debate on the bill. I intend to engage you in
a colloquy concerning Jurisdictional ques-
tions.
I
Once again, please accept my congratula-
tions and appreciation for the Spirit of coop-
eration between our Committees that has
allowed this vital measure to proceed so rap-
idly through the legislative process.
With best wishes. I am, I
Sincerely yours.
WALTER B. Joins.
Chairman.
COMMIT= ON FOREIGN ASTAIRS,
Wagiington, DC. March 12, 1986.
Hon. WALTER B. Joints,
Chairman. Committee on Merchant Marine
and Fisheries, Washington, DC.
Data Mn. Csammaix Thank you for your
letter of March 12 regarding the maritime
Issues contained within the Oninibus Diplo-
matic Security and Anti-terrorism Act of
1986. I concur wholeheartedly th your obser-
vations; more specifically, there are meas-
ures of Jursldiction exclusive to!the Commit-
tee on Merchant Marine and Fisheries
within this bill, most particularly the U.S.
Coast Guard provisions and the Panama
Canal provision. The other Issues contained
within Title IX are, indeed, matters of Joint
concern to our Committees, and it is with
great appreciation that I note the singular
contributions made by your Committee in
making the investigations and in the draft-
ing of the language for much Of the marl-
time security title.
Rest assured that I will support your con-
tinued Jurisdiction over those matters con-
tained within the Omnibus Diplomatic Se-
curity and Anti-terrorism Act of 1986 that
are generally referenced in the Rules of the
!Souse of Representatives, Rule X, clause 1
(n) and to this end I would welcome the op-
portunity to discuSs this during debate.
March 18, 1986'
With best wishes. I am,
Sincerely yours.
Morn B. Fascru..
Chairman.
0 1735
Mr. FASCELL. Mr. Chairman. I
yield 2 minutes.to the gentleman from
New York (Mr. BraGai], the chairman
of the Subcommittee on Merchant
Marine.
(Mr. BIAGGI asked and was given
permission to revise and extend his re-
marks.)
Mr. BIAGGI. I thank the gentleman
for yielding this time to me.
Mr. Chairman, I rise in support of
H.R. 4418, the Omnibus Diplomatic
Security and Anti-Terrorism Act of
1986. As we all know the incidence of
terrorist acts has reached epidemic
proportions, and most often, it is the
United States and its citizens who are
the primary targets.
I was very pleased to work with the
Foreign Affairs Committee in develop-
ing title IX of this bill on maritime se-
curity and to cosponsor the bill as re-
ported by that committee. The hijack-
ing of the Italian cruise liner Achille
Lauro and the subsequent murder by
the terrorists of Leon Klinghoffer. an
American citizen, highlighted the fact
that the maritime environment is also
vulnerable to terrorist attack.
The Merchant Marine Subcommit-
tee, which, I chair, has been actively
Involved in investigating maritime se-
curity. Subsequent to the Achille
Lauro hijacking, on October 22. 1985.
the subconunitte held a hearing on se-
curity in U.S. ports and on vessels
using U.S. ports. This hearing was fot.
lowed by field investigation of security
at the Port of Miami and Port Ever-
glades, FL, in November 1985. These
ports handle the majority of cruise
ship operations in the United States.
Extensive discussions were held with
several Government agencies, includ-
ing the Coast Guard, which is respon-
sible for port and vessel safety, and
the Federal Bureau of Investigation.
which is responsible for domestic secu-
rity in general. The subcommittee also
met with many representatives of the
cruise ship companies operating out ot
U.S. ports.
These companies, as well as officials
from the ports, reported on the securi-
ty measures already in place and on
additional measures being tested and
Implemented in the aftermath of the
Achille Lauro hijacking. Security
measures being tested or implemented
include: First, further restricting
access by the public to the ports and
vessels; second, increasing security
personnel: third, screening passengers.
baggage, and supplies with weapon-de-
tecting equipment: fourth, screening
shoreside personnel and crews; and
fifth, restricting or eliminating visi-
tors' access to vessels. It was evident
from this investigation that security
was being increased voluntarily and
that the aorta and cruise ship opera-
., r.-
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tors were committed to continuing
that process.
The one question that could not be
answered by anyone involved, howev-
er, was exactly what is the level of
threat from acts of terrorism to U.S.
ports and vessels using our ports.
When the idea of an ornniburterror-
ism bill was proposed, the subcommit-
tee felt that the issue of risk from ter-
rorist acts had to be addressed before
a comprehensive legislative scheme
was developed. In the bill, as reported
by the Foreign Affairs Committee. I
am pleased to state the subcommit-
tee's concern is alleviated by requiring
the Secretary of Transportation to
report to Congress on the level of
threat to U.S. ports and vessels using
those ports.
I am also pleased that the vital role
the U.S. Coast Guard plays in domes-
tic maritime security has been recog-
nized in H.R. 4418. During the Foreign
Affairs Committee markup, Congress-
man GERRY &moos, a member of the
Foreign Affairs Committee and chair-
man of the Coast Guard and Naviga-
tion Subcommittee of the Merchant
Marine and Fisheries Committee, of-
fered an amendment that was accept-
ed by the Foreign Affairs Committee.
The Studds amendment authorizes
the Coast Guard to undertake activi-
ties to bolster security at domestic
ports. This amendment is vitally im-
portant because of the severe cuts in
the Coast Guard budget over the last
several years. I commend Congress-
man &rums for its introduction and
am very pleased it was well received by
the Foreign Affairs Committee.
I would like to point out that the
Committee on Merchant Marine and
Fisheries has jurisdiction over U.S.
ports and foreign and domestic vessels
using those ports. The expedited time
schedule for considering an omnibus
terrorism bill, however, required that
the committee work through the For-
eign Affairs Committee to develop
those sections relating to maritime se-
curity.
The risk assessment report and the
legislative proposals required of the
Secretary of Transportation contained
in H.R. 4418 concern domestic security
at U.S. ports and on vessels using our
ports. Domestic maritime security falls
solely within the jurisdiction of the
Merchant Marine and Fisheries Com-
mittee. These reports should be re-
ferred solely to the Merchant Marine
and Fisheries Committee. Our commit-
tee, of course, will give serious consid-
eration to the Secretary's report and
any legislative proposals when they
are received. and will develop legisla-
tion as necessary.
Again, I would like to commend the
Foreign Affairs Committee for their
cooperation with the Merchant
Marine and Fisheries Committee on
this issue. I believe title IX on mari-
time security is a reasoned and pru-
dent approach to the very serious
problem of terrorism in the marine en-
vironment. I support H.R. 4418 and I -
urge my colleagues to al upport it as
well.
Mr. FASCII.L. Mr. Chairman, I
yield 8 minutes to the ,'distinguished
gentleman from Florida (Mr. Sums],
the chairman of the Narcotics Task
Force.
Mr. SMITH of Florida. I thank the
gentleman for yielding this time to
me.
Mr. Chairman, I would like to take
this opportunity to explain section 503
of this bill, which I sponiored in com-
mittee as the chairman of the Interna-
tional Narcotics Task Force.
Basically, this section Would expand
the authority in the existing law to
give information rewards, on terrorists
acts, to apply to narcoterrorist and
major narcotics trafficking acts as
well.
Since this provision tracks existing
law very closely, let me review that
law briefly before explaining section
503.
Current law?section 38 of the State
Department Basic Authorities Act?
provides that the Secretary of State,
after consulting with the Attorney
General, may pay rewards to an indi-
vidual who furnishes information lead-
ing to the arrest or conviction of
anyone engaged in an act of interna-
tional terrorism, if that ea is against a
U.S. person or U.S. property and is
outside U.S. territorial jurisdiction. A
$5 mill= fund was established to pay
such information rewards. Similar leg-
islation permits the Attorney General
to pay such rewards domestically.
Section 503 amends current law?
section 38?to permit the Secretary of
State to provide information rewards
leading to the arrest or Conviction of
individuals involved in narcoterrorist
and narcotics trafficking acts, to be
provided under the same 'conditions as
in current law.
It would also increase the current $5
million fund to $10 millon; of that
amount. $5 million would be an ear-
mark available only for narcoterror-
ist/narcotics trafficking rewards.
Narcoterrorism is defined as the kill-
ing or kidnaping of a U.S. officer, em-
ployee or contractor?or member of
their immediate family?while en-
gaged in drug enforcement overseas.
Information for rewards on narcotics
trafficking would be limited to major
traffickers. A report to the Congress
would be required for any information
rewards paid.
I would like to emphasize why this
amendment is necessary. First and
foremost, violence is increasing against
U.S. officials and contractors engaged
in narcotics enforcement overseas. Not
only DEA agents are threatened by
this violence, such as our agent who
was murdered in Mexico. Peruvian
eradication workers have been tor-
tured and killed. In some countries,
traffickers have put a price tag on all
U.S. officials. We have U.S. State De-
partment contract workers who are ex-
posed to great danger in places like
Tingo Maria. Peru. and Cochabamba.
Bolivia, places we have never been but
places where we have people helping
us eradicate the terrible problem of
drugs in this country. AID offices have
been attacked by hired thugs, hired by
narcotics traffickers, and certainly, as
many of us are aware, narcotics traf-
fickers are using the money that they
get from selling narcotics to buy weap-
ons to fund terrorists, and terrorists
are entering into narcotics trafficking
to get money to buy weapons and fur-
ther their own terrorist activities.
However. the State Department now
does not consider such acts to fall
under the definition of international
terrorism, and the Secretary, there-
fore, has no authority to offer these
rewards.
? Second, there are major narcotics
traffickers against whom it would be
impossible to prove that they have
been involved in killing U.S. citizens,
but who nonetheless finance and en-
courage such acts, as well as export
huge quantities of drugs to the United
States. There is currently no authority
to provide information rewards on the
Carlos Lehders and Pablo Escobars of
the world. This amendment would pro-
vide that authority to the Secretary.
Finally, I would note that this provi-
sion has been approved by both the
Office of Management and Budget and
The White House. I think it will prove
a very useful tool in mn fight against
narcotics?if the drug traffickers can
put a price on our officials' heads, why
shouldn't we be able to strike back by
putting a price on their heads?
I would like to acknowledge that this
provision stems from legislation origi-
nally introduced by my colleague, the
gentleman from Florida (Mr. Lzwisl
which I cosponsored. I believe his con-
cerns have been met by the colloquy
that we entered into previously and I
certainly urge adoption of this legisla-
tion. which includes his provision.
In closing, Mr. Chairman. I would
like to personally thank the chairman
of the full committee, the gentleman
from Florida (Mr. Fascsm.], whose
work on this over the years has been
so intense, now culminating in this
very fine bipartisan piece of legisla-
tion. I would certainly like to com-
mend the chairman and his ranking
member, the gentleman from Michi-
gan (Mr. BROOMFIELD] who have
worked so hard together to bring this
to fruition.
As a member of the International
Operations Subcommittee, I would
like to commend both Chairman DAN
MICA, a good friend of mine and a
fellow Floridian, and the gentlewoman
from Maine (Ms. Snows], who have
both worked so hard and so effectively
to bring what is an excellent piece of
legislation to the floor.
If there was ever a bipartisan piece
of legislation that directly answers the
problems by giving the tools to our en-
forcement people in the field, this is it.
This is the kind of thing that brings
this House to its finest hours, and I
C
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H 1248 CONGRESSIONAL RECORD ? HOUSE March 18, 1986
am really proud to be part of this
effort. I commend all of those who
have taken part.
Mr. MINETA. Mr. Chairman, I rise in support
of H.R. 4151, the Omnibus Diplomatic Security
and Anti-Terrorism Act. When taken together
with title V of the International Security and
Development Act of 1985, the measure before
us today provides an important 'corollary to
our recent legislative efforts to combat avia-
tion terrorism. As was the case with last
year's bill, the distinguished chairman of the
Foreign Affairs Committee and his committee
members have made an immeasurable contri-
bution to this omnibus antiterrorism bill.
The airport security measure signed into law
on August 8, 1985, specifically requires the
U.S. Secretary of Transportation to conduct
periodic assessments of the effectiveness of
security measures at foreign airports receiving
international air service from the United
States, using, at a minimum, internationally ac-
cepted standards.
If security deficiencies are found and not
remedied within 90 days, the traveling public
must be notified by DOT and by the airlines.
Furthermore, in situations where a threat
exists to the safety and security of passengers
and flight crew members, the Secretary of
Transportation is explicitly authorized to imme-
diately suspend air service from that foreign
airport to the United States.
Oversight hearings on DOT's implementa-
tion of our foreign airport security provisions
were held just last month by the House For-
eign Affairs Committee. At that time, 50 for-
eign airports had been evaluated against
ICAO's standards and found to comply. Reas-
sessments of these airports will be made
three to six times a year.
In addition to sanctions or suspension of
service, our recent enactment directs our
Government to work through ICAO and other
international negotiations to strengthen securi-
ty standards and to improve enforcement of
these standards. It also authorizes $5 million
in fiscal year 1986 from the aviation trust fund
for research and development of improved de-
vices and techniques for detecting weapons
and explosives. A total of $15 million was ap-
propriated for this purpose in the fiscal year
1986 CR.
Today, U.S. scheduled airlines will transport
more than 1 million passengers on 15.000
daily flights covering almost 400 airports in the
United States and about 100 other points
abroad. Since the inception of our current do-
mestic airline passenger screening procedures
in 1973, over 6 billion persons have been
screened and almost 8 billion carry-on items
have been inspected. These screening and in-
spection procedures have detected over
33.000 firearms with almost 14.000 associated
arrests. Since late June, regulatory actions by
the DOT have improved baggage and cargo
inspections and security. expanded U.S. flight
crew security training and increased the
number of air marshals.
In closing, let me also briefly mention our
hostages who are still being held in Lebanon.
Some of these Americans have been held
more than 1 year now, and public interest in
their plight has risen and fallen over that time.
We must maintain our high level of concern
and interest. We must never forget that when
we discuss laws and regulations about terror-
ism that the lives of many individuals are at
stake; and that among those individuals are
our hostages William Buckley, Peter Kilburn.
Father Lawrence Jenco, Terry Anderson,
David Jacobson, Thomas Suterland. and Alec
Collett.
Thank you, Mr. Chairman.
Mr. HOWARD. Mr. Chairman, as a cospon-
sor of H.R. 4151, I rise in support of this legis-
lation which will provide for a significant in-
crease in security for U.S. diplomatic person-
nel, facilities, and operations, and for other
purposes. Although the House Committee on
Public Works and Transportation has limited
jurisdiction over matters contained in H.R.
4151, we do have exclusive jurisdiction over
section 409 of the bill relating to protection of
foreign missions -in the Washington, DC, met-
ropolitan area, as well as foreign missions in
the United States where there are located 20
or more missions and when such protective
need arises in association with a permanent
mission to an international organization.
Mr. Chairman, security for foreign missions
in the United States is vital, through reciproci-
ty, in obtaining needed security for American
missions around the world, and is provided
under two statutory programs. The first, a title
III program for diplomatic protection in Wash-
ington, DC, is carried out by the U.S. Secret
Service Uniformed Division and diplomatic
protection with missions associated with the
United Nations is carried out by the State De-
partment's Diplomatic Security Service. The
second is the Foreign Missions Act, which
generally authorizes protective services for all
diplomatic missions by the Secretary of State
in order to meet current protective needs,
except that the Secretary may not provide any
protective services for which authority exists
to provide such services under sections
202(7) and 208 of title III.
Mr Chairman, title III of the United States
Code directs the U.S. Secret Service Uni-
formed Division, subject to the supervision of
the Secretary of the Treasury, to provide pro-
tection for the following: First, the White
House in the District of Columbia: second, any
building in which Presidential offiCes are locat-
ed; third, the President and members of his
immediate family; fourth, foreign diplomatic
missions located in the metropolitan area of
the District of Columbia; fifth, the temporary
official residence of the Vice President and
grounds in the District of Columbia; sixth, the
Vice President and members of his immediate
family; seventh, foreign diplomatic missions lo-
cated in metropolitan areas?other than the
District of Columbia?in the United States
where there are located 20 or more such mis-
sions headed by full-time officers, except that
such protection shall be provided only, first,
on the basis of extraordinary pnitective need;
second, upon request of the affected metro-
politan area: and third, when the extraordinary
protective need arises in association with a
visit to or occurs at a permanent mission to
an international organization of which the
United States is a member or an observer
mission invited to participate in the work of
such organization, provided that such protec-
tion may be provided for motorcades and at
other places associated with such a visit and
may be extended at places Of temporary
domicile in connection with such; a visit and
eighth, foreign diplomatic missions located in
such areas in the United States, its territories
and possessions, as the President, on a case-
by-case basis, may direct.
In carrying out functions of providing securi-
ty for foreign diplomatic missions located in
metropolitan areas?other than the District of
Columbia?the Secretary of Treasury may uti-
lize, with their consent, on a reimbursable
basis, the services, personnel, equipment, and
facilities of State and local governments, and
is authorized to reimburse such State and
local governments for the utilization of such
services, personnel, equipment, and facilities.
The authority of this subsection may be trans-
ferred by the President to the Secretary of
State. To 'carry out this provision, there is au-
thorized to be appropriated on an annual
basis $7 million for the payment of reimburse-
ment obligations entered into for security
measures.
To date, the U.S. Secret Service has resist-
ed any attempts by the State Department to
provide protective services outside of Was'n-
ington. DC. Further, Executive Order 12478 of
May 23, 1984 transferred authority to the Sec-
retary of the State to provide protective serv-
ices under title III when associated with an
international organization or on a case-by-
case basis as the President may direct. The
U.S. Secret Service Uniformed Division re-
tained authority to provide protective services
in the Washington, metropolitan area.
In 1975, the House Committee on Foreign
Affairs amended the Foreign Missions Act
whereby the State Department was granted
authority to provide extraordinary protective
services for foreign missions directly, by con-
tract, or through State or local authorities to
the extent deemed necessary by the Secre-
tary in carrying out the act; however, such
services shall not be provided if such, authority
exists under title III. There is authorized to be
appropriated $2.5 million annually to carry out
the purposes of the act.
Section 409 of H.R. 4151 will bolster State
Department antiterrorism programs that pro-
vide security protection for the United Nations
and United Nations related activities now car-
ried out under title III by the Department of
State, pursuant to Executive Order 12478,
dated May 23, 1984. This section would sig-
nificantly strengthen the range of authorities
available for U.N. protection under title III by
including the protective provisions now avail-
able through the Foreign Mission Act. This
would include, among other provisions, the
authority to effect the location of foreign 'mis-
sions based on security concerns, the ability
to provide protection for activities that occur
away from but are related to U.N. mission ac-
tivities, provide protection against hostile ac-
tivities that occur near the U.N. headquarters.
allow the Attorney General to engage the judi-
cial process on behalf of foreign missions and ?
other important and useful authorities. This
section will accomplish these goals without
any increase in funds.
To conclude, the decision to provide protec-
tive services and the funding available there-
fore are both determined under title III, and
provisions of the Foreign Mission Act may be
used in support thereof.
Mr. Chairman. I urge adoption of H.R. 4151.
Mr. RODINO. Mr. Chairman, I rise in support
of this bill and commend the distinguished
chairman of the Foreign Affairs Committee.
the gentleman from Florida. for bringing it to
the floor so expeditiously.
Mr. Chairman, this bill reflects the collective
efforts of several committees of the House in.
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anima 10, 1.700 kAJLNlittZJOILJIN AL KLt....0i1(1) ? HL)11Sh H 1249
cluding the Committee on the Judiciary, in re-
sponse to our leadership's call for an omnibus
bill to deal with the threat of international ter-
rorism. Those participating in this effort should
be congratulated for the promptness and thor-
oughness of their response.
The bill accomplishes several important
goals. It provides for greater securitrfor our
embassies overseas by authorizing new con-
struction to strengthen U.S. facilities abroad
against terrorist attacks. It establishes criminal
penalties for Americans who supply military or
intelligence assistance to avowedly terrorist
nations. It tightens export controls on weap-
ons and other technology which could be of
great assistance to individuals, organizations,
or countries engaged in or supporting terrorist
activities against Americans or U.S. Govern-
ment facilities.
The bill also authorizes rewards for informa-
tion leading to the arrest and conviction of
persons who kill or kidnap U.S. officials en-
gaged in drug enforcement overseas, and it
establishes a most-wanted list of international
terrorists and a worldwide counterterrorism
witness protection fund. It calls for travel advi-
sories for nations which fail to close Libyan or
Iranian official diplomatic missions in cases
where these two countries provide support to
terrorists who have attacked American citi-
zens.
The bill also improves security safeguards
at foreign ports and bolsters protection
against nuclear terrorism.
Importantly, the bill further establishes a
fund to compensate U.S. employees and their
families who are victims of terrorism.
This bill says that we will not allow terrorists
to hold our diplomats and citizens hostage. It
shows that we are serious about fighting the
very real threat that terrorism poses to the
lives and safety Of Americans abroad. While
Congress alone cannot stop international ter-
rorism, this legislation will certainly make
American facilities and American workers
overseas more 'secure.
H.R. 4151 is a bill we can all be proud of; it
deserves our unanimous support.
Mr. PORTER. Mr. Chairman, it had been my
understanding that rollcall votes are not held
on days that there are State primaries. Had I
not been in my distnct for the Illinois primar-
ies, I would have voted "aye" on the Omnibus
Diplomatic Security and Anti-Terrorism Act,
H.R. 4151.
The various programs supported by this act
serve many of international objectives in op-
posing terrorism. This act merely authorizes
the program. It will be up to the Appropriations
Committee to integrate this program into our
budget to comply with the deficit reduction tar-
gets that we must meet under Gramm-
Rudman.
Mr. COLEMAN of Texas. Mr. Chairman, the
basic principles of freedom, justice, and con-
cern for human life on which our Nation was
founded have survived major threats during
the course of America's history. Today, we
face a unique and pervasive challenge to
these ideals in the form of terrorism, an in-
creasingly serious threat to the United States
and its friends and allies around the world.
Colleagues, it is my fimi belief that H.R. 4151,
the Omnibus Diplomatic Security and Anti-Ter-
rorist Act, which provides for ? the security of
U.S. diplomatic personnel, facilities, and oper-
ations, will enable the United States to
combat terrorists and eventually win the war
against international terrorism.
Seeking to impose one's political will over
others through the threat or use of violence is
as old as history. Over the last' few centuries,
however, the civilized world Was thought to
have made progress in establishing nonviolent
rules of political conduct. International rules of
war, human rights resolutions and, indeed,
the fundamental premises underlying the es-
tablishment of the United Nations are all
based on the assumption that political vio-
lance and political freedom do not and cannot
mix. Political intimidation, the object of the use
of terrorism, is antithetical to freedom of politi-
cal expression, the cornerstone of derr.ovatic
society.
Sadly, there has been a grevring trend in
the past two decades by individuals, groups,
and, in some instances, by governments, to
resort to terrorism on an international scale in
the pursuit of their political aims. In age of
high technology and mass communications
such tactics are relatively cheap, effective,
and produce a maximum of media exposure.
They also cynically sacrifice the ;lives and well-
being of innocent people and eliminate peace-
ful options of compromise and diplomacy. Left
unchanged, the rise of terrorism will under-
mine the system of political, economic, and
military relationships which the, United States
and its allies have come to rely upon to pre-
serve, protect, and promote their national and
mutual interests in an orderly', and peaceful
fashion. During the years ahead, we must be
prepared for continued serious threats from
international terrorism in Western Europe, in
the Middle East, and in Latin America, much
of it supported or encouraged by a handful of
ruthless governments. The challenge is clearly
before us.
It is my firm belief that 14.R. 4151 will pro-
vide the United States with the capability to
win some of the battles, but in order to win
the war against international terrorism, we
need an international effort NO matter what
our commitment and capabilitY may be, we
cannot succeed alone when the threat origi-
nates abroad and strikes abroad where other
governments necessarily have I the major re-
sponsibility. But unless and until other govern-
ments are willing and able to Make the same
commitment, the unfavorable I trend experi-
enced last year cannot be reversed. Without
this international cooperative effort, the terror-
ists and those behind them will continue to be
successful, which will encourage others to uti-
lize terrorism to achieve their political and ide-
ological goals.
.
Mr. Chairman, I commend the Task Force
on International Terrorism and the Foreign Af-
fairs Committee for putting this essential piece
of legislation on the fast track, and I would
urge my colleagues to support H.R. 4151.
Mr. SHAW. Mr. Chairman, I and my col-
leagues, I rise today to address an oversight
in H.R. 4151. Section 503 of the bill is de-
signed to enhance the ability of, the State De-
pertinent to offer rewards for information con-
cerning the perpetrators of terrorist acts. We
are all aware that the best polio,'" improvement
that we could make in America's counterter-
rorism policy would be the enhancement of
our intelligence capabilities so as to do what-
ever possible to either prevent or deter the in-
creasingly ugly specter of terrorism.
Unfortunately, section 503 I also creates
- what amounts to new authority for the State
Department to engage in a program of limited
rewards for information concerning acts of
narcoterrorism. Such rewards would be limited
to $500,000 in any individual case and $5 mil-
lion has been earmarked for this program in
fiscal 1987.
It might be overly generous to suggest that
the creation of this new authority within the
State Department is a flight of bureaucratc
fancy. It leaves both the Drug Enforcement
Administration and the State Department with
separate narcotics trafficking information re-
wards systems. One might be tempted to con-
clude that there will be a healthy competition
between the two agencies. I am seriously con-
cerned that the creation of separate programs
will encourage informants to play agents of
these two Federal programs against each
other in an attempt to jack up the price of in-
formation. Moreover, in these times of budget
constraint, I find it troublesome to create a po-
tentially duplicative program in a multibilL-h-
dollar bill whose purposes fall within the most
legitimate concerns of the Federal Govern-
ment.
It is not as if the State Department and the
Foreign Affairs Committee had not taken the
time to consider the relationship between
these two agencies. The Committee report
states that it was the intention of the Foreign
Affairs Committee to "? ? ? restrict the use of
such rewards to information on individuals
considered by the Drug Enforcement Adminis-
tration to be major narcotics traffickers (class I
violators)." Certainly it can be said that if the
State Department has to depend on DEA in-
telligence to identify eligible informants, then
they ought to assume that the DEA would be
the proper agency to manage the rewards
program.
I understand that there was a dispute in the
Rules Committee about allowing an amend-
ment to correct this discrepancy. For reasons
that are not all that clear to me, the rule mat
was adopted was structured so as to preciule
this needed change. I do not believe that the
bill should be defeated because of this flaw
but I sincerely hope that the defect could be
corrected in the Senate. At the very least. I
think we owe it to our constituents to Clarity
he potentially overlapping responsibilities of
the two agencies involved so as to acNeve
the legitimate purposes of this needed effort
in the most efficient manner possible.
Mr. PENNY. Mr. Chairman, I rise in support
of the Omnibus Diplomatic Security and Anti-
Terrorism Act (H.R. 4151). It includes neces-
sary measures that will help to guarantee the
safety of diplomatic personnel and other
Americans abroad. In recognizing the impor-
tance of the legislation we must also realize
that budget constraints require us to find sav-
ings in other parts of the budget to pay for
these measures. I have included my thoughts
about how to respond to these budget pres-
sures in a letter to the chairman of the For-
eign Operations Subcommittee of the House
Appropriations Committee and to the Chair-
man of the House Foreign Affairs Committee.
I am including the text of that letter in the
RECORD:
House Or REPRISENTATIVES,
Washington. DC, March 18. 1986.
Hon. DAVID R. Osrr,
Chairman, Subcommittee on Foreign Oper-
ations, Washington, DC.
DitAn Davie I am writing to you concern-
ing a bill we are voting on today, the Omni-
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H 1250 CONGRESSIONAL RECORD ? HOUSE
would like to point out a new :provision which
is designed to further enhance the executive
branch's ability to respond to terrorist nations.
Section 509 amends the Export Administration
Act of 1979, as amended, to broaden the defi-
nition of a country supporting terrorism, to ban
arms sales and to control more tightly exports
of dual-use goods to such Countries. The
amendment which was based on legislation
introduced by my colleague from California,
Mf. BERMAN, statutorily requires a validated
export license for any exports of goods or
technology which the Secretary of State de-
termines would make a significant contribution
to the military potential or would enhance the
ability of a terrorist oountry to support interna-
tional terrorism. In addition, Congress must be
notified 30 days in advance of the issuance of
any such license.
Mr. Chairman I believe the Omnibus Diplo-
matic Security and Anti-Terrorism Act reaf-
firms and strengthens Congress' deep com-
mitment to combating international terrorism. I
urge support of my colleagues for passage of
this legislation.
Mr. FASCELL. Mr. Chairman. I
yield the balance of our time to con-
clude the debate to the distinguished
majority leader, the gentleman from
Texas (Mr. Waragr).
The CHAIRMAN. The gentleman
from Texas (Mr. Waroirrl is recog-
nized for 17 minutes.
Mr. WRIGHT. Mr. Chairman. I
thank the committee for having pro-
duced a very constructive and creative
piece of legislation. I
I would like to add my words to
those already spoken in 'commenda-
tion of the splendid 'spirit; of biparti-
sanship that has prevailed throughout
the consideration of this particular
piece of legislation. It is al monument
to the spirit of bipartisan cooperation.
It also stands as a splendid example of
interilLsciplinary cooperation among
the committees of the House.
There is no such thing as partisan-
ship nor committee turf when it comes
to the acts of terrorism which more
and more have terrorized humanity
and the human family. Those who
would work their wicked will by sheer,
unadulterated terror and Ithreats of
terror against innocent and unsuspect-
ing people surely would bring about a
reign of international lawleesness of a
type that we have not known in recent
ment this security and anemone:ft program tunes.
Although this measure is an authorization bill,
and therefore not subiect to the spending Igy. 0 1743
tations in the Budget Act, I think that it is This is a threat of new and unaccus-
somewhat contradictory for us to authorize tomed dimension to the United States.
large sums of new money at the same time We live in this great big, beautiful.
mat Gramm-Rudman is stashing current ex- open country where we have cher-
penditures. Many of us did not support the ished, and so rightly loved, the right
Gramm-Rudman approach to deficit reduction, and privilege to move about as we will,
but the fact remains that Congress is obiigat- to go without restraints, without fear,
ed to abide by the limitations On Federal without concern, to move freely from
spending as spelled out under Gramm- one part of our land to another with-
Rudman. However noble and worthy the out seeking or gaining permission. The
cause?which I believe terrorism and security world had begun to become a place
to be?we are authorizing eitpenditures which like that in which people might travel
aro not offset by reductions in other accounts. freely back and forth across the artifi-
In addition to other provisions contained in dal boundary that men, through their
this bill to upgrade physical security at U.S. individual folly, have had to erect.
embassies abroad and expand the President's ' But now this new threat, in some
ability to deal with international terrorism, I cases quite obviously the act of goy-
.
bus Diplomatic Security and Anti-Terrorism
Act (H.R. 4151). Dents over the last several
years have demonstrated the need for this
kind of legislation. I believe that most mem-
bers of Congress will agree on the impor-
tance of a counter-terrorism program and
protection for U.S. government reresenta-
tives and other Americans abroad.
At a time of budgetary restraint.; arn con-
cerned that an authorisation of over $4 bil-
lion over the next five years will crowd out
spending for other programs in the interns-
Lionel affairs budget function. It is proper
for increased spending in such a high pri-
ority item to be balanced by reduced spend-
ing in lower priority areas. In setting prior-
ities within this budget function. I hope you
will consider balancing the increased spend-
ing for anti-terrorism and diplomatic securi-
ty with reductions in foreign military assist-
ance.
Our development and humanitarian as-
sistance programs are important means of
preserving life and economic vitality in
Third World nations. In contrast, military
assistance programs have a less productive
Impact on recipient societies and contribute
to a world-wide military escalation. Yet
spending for these military programs has
doubled since 1980 and is now twice the
level of spending for development and hu-
manitarian assistance.
As you set priorities and establish spend-
ing levels for programs Included in the
International affairs budget function. I urge
you to seriously consider reductions in mili-
tary assistance to balance the necessary
added expenditure for combatting terror-
ism. protecting U.S. personnel, and provid-
ing development and humanitarian assist-
ance.
Sincerely, .
GERRY StRORSICI.
Tranyrey J. MOWRY.
BYRON DORGAN.
Members of Congress.
Mf. HONKER. Mr. Chairman. I rise in sup-
port of H.R. 4151, the Omnibus Diplomatic
Security and Anti-Terrorism Act, and com-
mend the gentlemen from Florida. Messrs.
FASCELL and MICA for their skillful and expedi-
tious handling of this sweeping antiterrorism
initiative. At a time when intematichal terror-
ism has been growing at an alarming rate, we
must more effectively protect U.S. personnel
and facilities abroad, and provide the execu-
tive branch with the authority necessary to
combat this rise in terrorist activities directed
against American citizenS.
While supporting the need to address the
serious problem of international terrorism, I
must, however, express my reservations about
authorizing $4.4 billion in new money to &vie-
March 18, 1986
errunents themselves in which they
have sought to make terrorism the
sheer, absolute lawlessness of a world
community that breeds fear and frus-
tration, a policy of their governments,
and so we respond, I think in an effec-
tive way. It is a mark of our time that
It is a more dangerous occupation to
be a diplomat than it is to be a person
of the military uniformed armed serv-
ices.
I was talking last year along with
some of our colleagues with Ambassa-
dor Rabb in Italy, and he tells us that
he knows of seven plots upon his own
life, and is not aware of others that
may indeed have occurred. Were it not
for a splendid degree of international
cooperation that is increasingly appar-
ent among the developed and demo-
cratic nations of the world, those who
are increasingly the victims of terror-
ism. our Ambassadors and our Embas-
sy in Rome. most surely would have
been victimized by an attack that
might have been a successful attack
from the standpoint of those who
would have perpetrated it.
In November of 1984, a guard dog in
the Zurich Airport, sniffing among
equipment and luggage for explosives,
sniffed out one international passen-
ger, and notes on that passenger's pos-
session led the agents to an apartment
in Rome in the vicinity of our Embas-
sy. There they discovered a large
cache of very dangerous weapons, and
some very elaborate drawings by
which those would-be terrorists had
planned an assault upon our Embassy.
Among other things, there was a very
elaborate, careful drawing of the
room, the office in which our Ambas-
sador does his work, and a window
through which they would have stuck
a bazooka with the intent of killing
him.
This is the kind of thing that we
must not just sit back and tolerate
happening without our protecting
those brave people who represent the
United States in our ambassadorial
and other diplomatic services. So it is
altogether proper, it seems to me. that
what the committee has done here has
been to propose a systemic plan of
strengthening the defense capabilities
and security of our sensitive Embassies
throughout the world and other sensi-
tive buildings which house U.S. per-
sonnel.
Yet with all of that, I think it would
be a grave danger if we were to fall
Into the trap of developing a bunker
mentality in which we huddled togeth-
er and refused and refrained from cir-
culating among the people.
Why were we unaware until too late
of the dimensions of the problem that
was arising in Iran? I think quite pos-
sibly the answer may be because we
had no capabilities among our Embas-
sy people to talk Farsi, the language
of the streets. We were not out there
In the coffee shops and in the streets
picking up the kinds of intelligence
that might otherwise have alerted us
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CONGRESSIONAL RECORD - HOUSE
March 18, 1986
to the danger that was brewing, and fi-
nally engulfed us in such a way that it
brought shame, and suffering, and
real terror to us as a nation.
So, intelligently, this committee, it
seems to me, has encouraged people
with skills and knowledge, and. devel-
oped the Fascell fellowships to train
other people, and to.create an intelli-
gent interflow of information through
which our friendly countries might
help one another to track the move-
ments of known and suspected terror-
ists, and also has provided rewards for
information leading to the arrest, ap-
prehension, and conviction of those
people who have committed acts of
terrorism, or who would commit acts
of terrorism.
So in all of this, it seems to me that
the committee has done an outstand-
ing job. I should like simply, as majori-
ty leader, to express my personal
thanks, and in behalf of the whole
House and all of those on our side of
the House to the leaders of the com-
mittee, the gentleman from Florida
(Mr. FASCELL), the chairman of the
committee, and the chairman of the
subcommittees involved and the rank-
ing minority members on the commit-
tees which drafted and brought this
legislation to the floor. I should like to
express the hope that it will pass by
an overwhelming majority.
Mr. FASCELL Mr. Chairman. will
the gentleman yield?
Mr. WRIGHT. Of course I yield to
the gentleman from Florida.
Mr. FASCELL. Mr. Chairman. I
want to thank the gentleman for not
only his remarks, but for his kind
words with regard to the work of the
committee. But let me say here, right
now, that Speaker O'Nan.r. and the
majority leader, the gentleman from
Tcxas (Mr. Warcurrl, and the leader-
ship on the Republican side, the gen-
tleman from Illinois (Mr hirman.1,
and the gentleman from Mississippi
(Mr. Larrl deserve a great deal of
credit for making it possible to put
this interdisciplinary package togeth-
er, for expediting its consideration,
and also for their work with the ad-
ministration in getting the administra-
tion's program incorporated and en-
acted. So this was truly, as the gentle-
man from Texas has said, a very en-
thusiastic and a fine day for the legis-
lature.
Mr. WRIGHT. I surely thank the
distinguished gentleman from Florida.
(Mr. FASCELI.J, the chairman of the
committee, and I express the hope
that maybe this can be a harbinger of
things to come.
Mr. FASCELL. Mr. Chairman, I
have no further requests for time, and
I yield back the balance of my time.
Ms. SNOWE. Mr. Chairman. I have
no further requests for time, and I
yield back the balance of my time.
The CHAIRMAN. Pursuant to
House Resolution 402, the text of H.R.
4418 Is considered as an original bill
for the purpose of amendment under
the 5-minute rule in lieu of the amend-
ment in the nature of a substitute rec-
onunended by the Committee on For-
eign Affairs now printed in the bill,
and said substitute is Considered as
having been read.
No amendments to the pill or to said
substitute are in order except the fol-
lowing amendments printed in the
CONGRESSIONAL RECORD Of March 17
by, and if offered by, the i member des-
ignated, which shall not be subject to
amendment except pro forms amend-
ments for the pupose of debate:
First, amendments by Representa-
tive McCarr4; and
Second, the amendment by Repre-
sentative WALKER.
The text of H.R. 4418 is as follows:
Be it enacted by the Senate and House of
Representatives of the United States of
America In Congress assembled,
sacnom I. SHORT TITLK
This Act may be cited as the "Omnibus
Diplomatic Security and Anti-Terrorism Act
of 1988".
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as fol-
lows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I-DIPLOMATIC SECURITY
Sec. 101. Short title.
Sec. 102. Findings and purposes.
Sec. 103. Responsibility of the Secretary of
State.
Sec. 104. Bureau of Diplomatic Security.
Sec. 105. Responsibilities of the Assistant
Secretary for Diplomatic Secu-
rity.
Sec. 108. Cooperation of other Federal
agencies.
Sec. 107. Protection of foreign Consulates.
TITLE II-DIPLOMATIC SECURITY
SERVICE
Sec. 201. Establishment of Diplomatic Secu-
rity Service.
Sec. 202. Director of Diplomatic Security
Service.
Sec. 203. Positions lb the Diplomatic Secu-
rity Service.
TITLE III-PERFORMANCE AND
ACCOUNTABILITY
Sec. 301. Accountability review.
Sec. 302. Accountability Review Board.
Sec. 303. Procedures.
Sec. 304. Findings and recommendations by
a Board.
Sec. 305. Relation to other proceedings.
, TITLE IV-DIPLOMATIC SECURITY
PROGRAM I
Sec. 401. Authorization. I
Sec. 402. Diplomatic construction program.
Sec. 403. Qualifications of persons hired for
the diplomatic construction
Program.
Sec. 404. Cost overruns.
Sec. 405. Efficiency in contracting.
Sec. 408. Advisory Panel on Overseas Secu-
rity.
Sec. 407. Training to improve perimeter se-
curity at United States diplo-
matic missions abroad.
Sec. 408. Protection of entrance of United
States diplomatic missions;
abroad.
Sec. 409. Certain protective functions.
TITLE V-STATE DEPARTMENT AU-
THORITIES TO COMBAT INTERNA-
TIONAL TERRORISM
Sec. 501. Most wanted international terror-
ists list
See. 502. Amount of rewards for informs-
H 1251
tion about most wanted inter-
national terrorists.
Sec. 503. Rewards for information relating
to international narcoterrorism
and drug trafficking.
Sec. 504. Coordination of terrorism-related
assistance.
Sec. 505. Counter-terrorism Protection
Fund.
Sec. 506. Reports to Congress on terrorism-
related travel advisories.
Sec. 507. Issuance of travel advisories on ac-
count of terrorism supported
by Libya, Iran, or other foreign
governments.
Sec. 508. Authority to control certain ter-
rorism-related services.
See. 509. Exports to countries supporting
terrorism.
TITLE VI-INTERNATIONAL NUCLEAR
TERRORISM
Sec. 801. Actions to combat international
nuclear terrorism.
Sec. 602. Authority to suspend nuclear co-
operation with nations which
have not ratified the Conven-
tion on the Physical Protection
of Nuclear Material.
Sec. 803. Consultation with the Depart-
ment of Defense concerning
certain nuclear exports and
subsequent arrangements.
Sec. 504. Review of physical security stand-
ards.
Sec. 805. International review of the nucle-
ar terrorism problem.
TITLE VH-MULTILATERAL COOPERA-
TION TO COMBAT INTERNATIONAL
TERRORISM
Sec. 701. Consideration of international ter-
rorism at the Tokyo Economic
Summit Conference.
Sec. 702. International Anti-Terrorism
Committee.
Sec. 703. International arrangements relat-
ing to passports and visas.
Sec. 704. Protection of Americans endan-
gered by the appearance of
their place of birth on their
passports.
Sec. 703. Use of diplomatic Privileges and
immunities for terrorism pur-
poses
Sec. 706. Reports on progress in Increasing
multilateral cooperation.
TITLE VIII-VICTIMS OF TERRORISM
COMPENSATION
See. 801. Short title.
See. 802. Benefits for captives and other
victims of hostile action.
Sec. 809. Retention of leave by alien em-
ployees following injury from
hostile action abroad.
See. 804. Transition provisions.
Sec. 805. Benefits for members of uni-
formed services who are vic-
tims of hostile action.
Sec. 806. Effective date of entitlements.
TITLE IX-MARITIME SECURITY
Sec. 901. Short title.
Sec. 902. International measures for sel-
port and shipboard security.
Sec. 903. Measures to prevent unlawful aces
against passengers and crews
on board ships.
Sec. 904. Panama Canal security.
Sec. 905. Threat of terrorism to United
States ports and vessels.
Sec. 906. Port, harbor, and coastal facility
security.
Sec. 907. Security standards at foreign
Porta.
Sec. 908. Travel advisories concerning secu-
rity at foreign ports.
Sec. 909. Suspension of passenger services.
a 1'
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H 1252
CONGRESSIONAL RECORD ? HOUSE March 18, 1986'
Sec. 910. Criminal sanctions for the seizure
of vessels by terrorists.
Sec. 911. Definitions.
TITLE X-FASCELL FELLOWSHIP
PROGRAM
Sec. 1001-Short title.
Sec. 1002. Fellowship program for tempo-
rary service at United States
missions in the Soviet Union
and Eastern Europe.
Sec. 1003. Fellowship Board. ?
Sec. 1004. Fellowships.
Sec. 1005. Secretary of State.
TITLE XI-SECURITY AT MILITARY
BASES ABROAD
Sec. 1101. Findings-
Sec. 1102. Recommended actions by the
Secretary of Defense.
Sec. 1103. Report to the Congress.
TITLE I-DIPLOMATIC SECURITY
SEC. 101. SHORT TITLE.
Titles I through IV of this Act may be
cited as the "Diplomatic Security Act".
SEC. los. FINDINGS AND PURPOS.F.S.
(a) PINDINGS.-The Congress finds and de-
clares that-
( 1 ) the United States has a crucial stake in
the presence of United States Government
personnel representing United States inter-
ests abroad:
(2) conditions confronting United States
Government personnel and missions abroad
are fraught with security concerns which
will continue for the foreseeable future; and
(3) the resources now available to counter
acts of terrorism and protect and secure
United States Government personnel and
missions abroad, as well as foreign officials
and missions in the United States, are inad-
equate to meet the mounting threat to such
personnel and facilities.
(b) PURPOSES.-The purposes of titles I
through IV are-
(1) to set forth the responsibility of the
Secretary of State with respect to the secu-
rity of diplomatic operations in the United
States and abroad:
(2) to provide for an Assistant Secretary
of State to head the Bureau of Diplomatic
Security of the Department of State. and to
set forth certain provisions relating to the
Diplomatic Security Service of the Depart-
ment of State:
(3) to maximize coordination by the De-
partment of State with Federal. State. and
local agencies and agencies of foreign gov-
ernments in order to enhance security pro-
grams:
(4) to promote strengthened security
measures and to provide for the account-
ability of United States Government person-
nel with security-related responsibilities,
and
(5) to provide authorization of appropria-
tions for the Department of State to carry
out its responsibilities in the area of securi-
ty and counter-terrorism, and in particular
to finance the acquisition and improve-
ments of United States Government DIM-
Mons abroad, including real property, build-
ings. facilities, and communications, Infor-
mation, and security systems.
scc. i113. RESPONSIBILITY OF WE SECRETARY OF
STATE. ?
(a) Sicuarrv Funt-rtoss.-The Secretary
of State shall develop and implement (in
consultation with the heads of other Feder-
al agencies having personnel or missions
abroad where appropriate and within the
scope of the resources made available) poli-
cies and programs, including funding levels
and standards, to provide for the security of
United States Government operations of a
diplomatic nature and foreign government
operations of a diplomatic nature in the
United States. Such policies and programs
shall include-
(1) protection of all United States Govern-
ment personnel on official duty abroad
(other than those personnel under the com-
mand of a United States ores 'military com-
mander) and their accompanYing depend-
ents:
(2) establishment and operation of securi-
ty functions at all United Stites Govern-
ment missions abroad (other than facilities
or installations subject to thell control of a
United States area military commander):
(3) establishment and operation of securi-
ty functions at all Department of State fa-
cilities in the United States; and
(4) protection of foreign missions, interna-
tional organizations, and foreign officials
and other foreign persons inl the United
States, as authorized by law. I
OvERsIGHT OP POSTS ASROAD.-The Sec-
retary of State shalt-
(1) have full responsibility for the coordi-
nation of all United States Government per-
sonnel assigned to diplomatic I or consular
posts or other United States missions
abroad pursuant to United Stites Govern-
ment authorization (except for 'facilities, in-
stallations, or personnel under the com-
mand of a United States area Military com-
mander); and
(2) establish appropriate overseas staffing
levels for all such posts or mlisions for all
Federal agencies with activities abroad
(except for personnel and activities under
the command of a United States area mili-
tary commander).
(C) FEDERAL AGENCY.-As usedl in this title
and title III. the term "Federal agency" in-
cludes any department or agency of the
United States Government I
SEC. 104. BUREAU OF DIPLOMATIC SECURITY.
(a) Tux BURZAU.-There shall be a Bureau
of Diplomatic Security in the Department
of State, to be headed by the Assistant Sec-
retary for Diplomatic SecuritylThe Assist-
ant Secretary shall be responsible for carry-
ing out the functions and dutiesIset forth in
section 105 and such additional functions as
may be directed by the Secretary of State.
(b) Num= os Assist= Sgateraants.-
The first section of the Act entitled "An Act
to strengthen and improve the Organisation
and administration of the Department of
State, and for other purposes." &PM:Ned
May 28. 1949 (22 U.S.C. 2862), is amended
by striking out "fourteen" and inserting in
lieu thereof "fifteen".
(C) POsITTONS AT LEVEL IV OF TEl Exam-
rive Scrigorrtn-Section 5315 of title 5,
United States Code, is amended iby striking
out "(14)" following "Assistant ISecretaries
of State" and inserting in lleu thereof
"(15)".
(d) COMPLIANCE wren Bun= Act-New
spending authority (within the moaning of
section 401(c)(2XC) of the Congressional
Budget and Impoundment Control Act of
1974) provided by the amendment made by
subsection (c) of this section shall be effec-
tive for any fiscal year only to the extent or
in such amounts as provided in appropria-
tions Acts.
SEC. 105. RESPONSIIIIIJTIRS OF THE ASSISTANT
SECRETARY FOR DIPLOMATIC SECV-
ErTY.
Within the authority of the Secretary of
State. the Assistant Secretary for Diplomat-
ic Security shall be responsible for the fol-
lowing:
(1) Forum omcg or secuerrY FT1NC-
Tv:mg.-Functions and responsibilities exer-
cised by the Office of Security. Department
of State before November 11. 1965.
(2) Sactrarrir AND rimer= Orinuirross
(A) Establishment Establishment and operation of post
security and protective functions abroad.
? (B) Development and implementation of
communications, computer, and information
. security.
(0) Emergency planning.
(D) Establishment and operation of local
guard services.
(E) Supervision of the United States
Marine Corps security guard program.
(F) Liaison with American overseas pri-
vate sector security interests.
(3) SECURITY AND PROTECTIVE OPERATIONS
IN THE UNITED STATES.?
(A) Protection of foreign missions and
international organizations, foreign offi-
cials. and diplomatic personnel, as author-
ized by law.
(B) Protection of the Secretary of State
and other persons designated by the Secre-
tary of State, as authorized by law.
(C) Physical protection of Department of
State facilities, communications, and com-
puter and information systems.
(D) Conduct of investigations relating to
protection of foreign officials and diplomat-
ic personnel and foreign missions, suitability
for employment, employee security, illegal
passport and visa issuance or use, and other
Investigations, as authorized by law.
(E) Assisting an Inspector General of the
Department of State with such investiga-
tions as that Inspector General may re.
quest
(F) Carrying out the rewards program for
information nmcd?rnLoa international ter-
rorism authorized by section 38(a)(1) of the
State Department Basic Authorities Act of
1956.
(0) Performance of other security and
protective matters as authorized by law.
(4) Courant-mama= PLANNING AND Co-
ourNATtoN.-Development and coordination
of counter-terrorism planning. emergency
'cation planning, threat analysis. Programs.
and liaison with other Federal agencies to
carry out this paragraph.
(5) Szcintigg TSCHNOLOGY.-Development
and Implementation of technical and physi-
cal security Programs, including security-re-
lated construction, radio and personnel se-
curity communications, armored vehicles.
computer and oommunications?security, and
research programs necessary to develop
such measures.
(6) DIPLOMATIC COURIER =mg.?Manage-
ment of the diplomatic courier service.
(7) PERSONNZL TRAMONCL-Development of
facilities, methods, and materials to develop
and upgrade necessary skills in order to
carry out this section.
(8) IPoitanni ootrzawnsirr TSAI/MM.-Man-
agement and development of anti-terrorism
assistance programa to assist foreign govern-
ment security training which are adminis-
tered by the Department of State under
chapter 6 of part II of the Foreign Assist-
ance Act of 1981 (22 U.S.C. 2349aa et seq.).
SEC. lilt COOPERATION OF OTHER FEDERAL AGES-
ann.
(a) Assisraics.-In order to facilitate ful-
fillment of the responsibilities described In
section 103(a), other Federal agencies shall
cooperate (through agreements) to the max-
imum extent possible with the Secretary of
State. Such agencies may, with or without
reimbursement, provide assistance to the
SecretarY, perform security inspections, pro-
vide logistical support relating to the differ-
ing missions and facilities of other Federal
agencies, and perform other overseas securi-
ty functions as may be authorized by the
Secretary. Specifically, the Secretary may
agree to delegate operational control of
overseas security functions of other Federal
agencies to the heads of such agencies, sub-
ject to the Secretary's authority as set forth
in section 103(a). The agency head receiving
such delegated authority shall be responsi-
ble to the Secretary in the exercise of the
delegated operational control.
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March 18, 1986 CONGRESSIONAL RECORD ? HOUSE 11 1253
(b) OTHER Aoasciss.?Nothing contained
in titles I through IV shall be construed to
limit or impair the authority or reaponsibil-
ity of any other Federal. State. or local
agency with respect to law enforcement, do-
mestic security operations, or intelligence
activities as defined in Executive order
12333.
(C)CERTAIN LEASE ARRANGEMENTS.?The
Administrator of General Services is author-
ised to lease (to such 'extent or in such
amounts as are provided in appropriation
Acts) up to 250.000 square feet in the United
States for the Department of State to ac-
commodate the personnel required to cnrry
out this title. The Department of State
shall pay for such space at the rate estab-
lished by the Administrator of General
Services for space and related services.
SEC. 107. PROTECTION OF FOREIGN CONSUI.ATES.
Not later than 2 months after the date of
enactment of this Act. the Secretary of
State shall establish a process for periodic
review of the accreditation in the United
States of all foreign consular personnel, in-
cluding honorary consuls, and the number
and location of all foreign consular facilities
in the United States. The Secretary shall
submit a report on this process to the Com:
mittee on Foreign Affairs of the House of
Repesentatives and the Committee on For-
eign Relations of the Senate not later than
8 months after the date of enactment of
this Act. Such report shall describe this
periodic review proceas and present a plan
for the reduction (sr well as consolidation)
of foreign consular sad related functions in
the United States.
TITLE II?DIPLOMATIC SECURITY
SERVICE
SEC. 201. ESTABLISHMENT OF DIPLOMATIC SWUM-
. TY SEA .
There shall be, within the Bureau of Dip-
lomatic Security, the Diplomatic Security
Service. The Diplomatic Security Service
shall perform such functions as may be as-
signed to it by the Secretary of State.
sgc. iss imitecrog Or DIPLOMATIC sectiorrie
SERVICE.
The Diplomatic Security Service shall be
headed by a Director designated by the Sec-
retary of State. The Director shall be a
career member of the Senior Foreign fiery-
ice or the Senior Executive Service and
shall be qualified for the position by virtue
of demonstrated ability in the area of secu-
rity, law enforcement, management, or
public administration. Experience in man-
agement or operations at diplomatic posts
abroad shall be considered an affirmative
factor in the selection of the Director. The
Director shall act under the supervision and
direction of the Assistant Secretary for Dip-
lomatic Security.
SEC. 293. POSITIONS IN THE DIPLOMATIC SECURITY
SERVICE.
Positions in the Diplomatic Security Serv-
ice shall be filled in accordance with the
provisions of the Foreign Service Act of
1980 (22 U.S.C. 9901 et seq.) and title 5.
United States Code. In filling such posi-
tions, the Secretary of State shall actively
recruit women and members of minority
groups. The Secretary of State shall pre-
scribe the qualiftcatiorui required for assign-
ment or apponament to such positions. In
the case of pos:' Ions designated for special
agents, the qualifications may include mini-
mum and maximum entry age restrictions
and other physical standards and shall in-
corporate su? standards as may be re-
quired by law in order to perform security
functions, to bear arms, and to exercise in-
vestigatory, warrant, arrest, and such other
authorities as are available bY law to special
agents of the Department of State and the
Foreign Service.
TITLE III?PERFORMANCE AND
ACCOUNTABILITY
SEC. let. ACcOnNTABILITY REVIEW.
In any case of serious injury, loss of life,
or significant destruction of property at or
related to a United States Government mis-
sion abroad which is covered by the provi-
sions of titles I through IV (other than a fa-
cility or installation subject to the control
of a United States area military command-
er). the Secretary of State shall convene an
Accountability Review Board (hereafter in
this title referred to as the 'Board"). The
Secretary shall not convene a Board where
the Secretary determines that a case clearly
involves only causes unrelated to security.
SEC. 302.. ACCOUNTABIIITY REVIEW BOARD.
(a) Matimanny.?A Board shall consist of
five members. 4 appointed by the Secretary
of State, and 1 appointed by the Director of
Central Intelligence. The Secretary of State
shall designate the Chairperson of the
Board. Members of the Board who are not
Federal officers or employees shall each be
Paid at a rate not to exceed the maximum
rate of basic pay payable for evel GS-18 of
the General Schedule for each day (includ-
ing travel time) during which they are en-
gaged in the actual performance of duties
vested in the Board. Members of the Board
who are Federal officers or employees shall
receive no addinonal pay by reason of such
membership.
(b) FACILITIES. Seances, Symms. AND
STA/T.?
(1 ) SUFFIXED ST IMPARTMENT OF STATE?A
Board shall obtain facilities, services, and
supplies through the Department of State.
All expenses of the Board, including neces-
sary costa of travel, shall be paid by the De-
partment of State. Travel expenses author-
ized under this paragraph shall be paid in
accordance with subchapter I of chapter 57
of title 5. United States Code, or other ap-
plicable law.
(2) Deran.?At the request of a Board.
employees of the Department of State or
other Federal agencies, members of the For-
eign Service, or members of the uniformed
services may be temporarily assigned, with
or without reimburaement, to assist the
Board. Upon request, the Inspector General
of the Department of State and the Foreign
Service may provide amistance to the Board.
(3) EXPERTS AND CONSULTANTS.?A Board
may employ and compensate (in accordance
with section 3109 of title 5, United States
Code) such experts and consultants as the
Board considers necessary to carry out its
functions. Experts and consultants so em-
ployed shall be responsible solely to the
Board.
SEC. us. PitocannuM.
(a) EVIDENCE.?
( 1 ) UNITED STATED GOVERNMENT PERSONNEL
AND coinviacroas.?
(A) With respect to any individual de-
scribed In subparagraph (B), a Board may?
(i) administer oaths and affirmations;
(ii) require that depositions be given and
interrogatories answered: and
(ill) require the attendance and presenta-
tion of testimony and evidence by such indi-
vidual.
Failure of any such individual to comply
with a request of the Board shall be
grounds for disciplinary action by the head
of the Federal agency in which such individ-
ual is employed or serves, or in the case of a
contractor. debarment.
(B) The individuals referred to in subpara-
graph (A) ere?
(t) employees as defined by section 2105 of
title 5. United States Code (including mem-
berg of the Foreign Service);
(it) members of the uniforined services as
defined by section 101(3) of title 37. United
States Code:
(iii) employees of instrumentalities of the
United Stateg and
(iv) individuals employed by any person or
entity under contract with agencies or in-
strumentalities of the United States Gov-
ernment to provide services, equipment, or
personnel.
(2) OTHER PERSONS.?With respect to a
person who is not described In paragraph
(1X/3). a Board may administer oaths and
affirmations and require that depositions be
given and interrogatories answered.
(3) SUBPOENA11.?(A) The Board may issue
a subpoena for the attendance and testimo-
ny of any person (other than a person de-
scribed in clause (ID, or (HD of paragraph
(1)(B)) and the production of documentary
or other evidence from any such person if
the Board 'finds that such a subpoena is nec-
essary in the interests of justice for the de-
velopment of relevant evidence.
(B) In the case of contumacy or refusal to
obey a subpoena issued under this para-
graph. a court of the United States within
the jurisdiction of which a person is direct-
ed to appear or produce Information, or
within the jurisdiction of which the person
Is found, resides, or transacts business, may
upon application of the Attorney General,
Issue to such person an order requiring such
person to appear before the Board to give
testimony or produce information as re-
quired by the subpoena.
(C) Subpoenaed witnesses shall be paid
the same fee and mileage allowances which
are paid subpoenaed witnesses in the courts
of the United States.
(b) CONFIDEIgnurrT.?A Board shall
adopt for administrative proceedings under
this title such procedures with respect to
confidentiality as may be deemed necessary.
including procedures relating to the conduct
of closed proceedings or the submission and
use of evidence in camera, to ensure in par-
ticular the protection of classified informa-
tion relating to national defense, foreign
policy, or intelligence matters. The Director
of Central Intelligence shall establish the
level of protection required for intelligence
information and for information relating to
intelligence personnel, including standards
for secure storage. ?
(c) Rgcoans.?Records pertaining to ad-
ministrative proceedings under this title
shall be separated from all other records of
the Department of State and shall be main-
tained under appropriate safeguards to pre-
serve confidentiality and classification of in-
formation. Such records shall be prohibited
from disclosure to the public until such time
as a Board completes its work and is dis-
missed. The Department of State shall turn
over to the Director of Central Intelligence
intelligence information and information re-
lating to intelligence personnel which shall
then become records of the Central Intelli-
gence Agency. After that time, only such ex-
emptions as apply to other records of the
Department of State under section 552(bi of
title 5 of the United States Code (relating to
freedom of information), shall be available
for the remaining records of the Board.
(d) STATUE or BOARDS.?The provisions of
the Federal Advisory Committee Act (5
U.S.C. App. 1 et seq.) and section 552b of
title 5 of the United States Code ( relating to
open meetings) shall not apply to any
Board. .
SEC. 31M. FINDINGS AND RECOMMENDATIONS BY A
BOARD.
(a) Frxersos.?A Board convened in any
case shall examine the facts and circum-
stances surrounding the serious Injury, loss
of life, or significant destruction of property
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CONGRESSIONAL RECORD ? HOUSE
at or related to a United States Government
mission abroad and determine?
(1) the extent to which the incident or in-
cidents with respect to which the Board was
convened was security related:
(2) whether the security systema and secu-
rity procedures at that mission ,ere ade-
quate;
(3) whether the security systems and secu-
rity procedures were properly implemented:
(4) the impact of intelligence and informa-
tion availability: and
(3) such other facts and circumstances
which may be relevant to the appropriate
security management of United States mis-
sions abroad.
(b) PROGRAM RECOMMENDATIONS.?A Board
shall submit its findings (which may be clas-
sified to the extent deemed necessary by the
Board) to the Secretary of State. together
with recommendations as appropriate to im-
prove the security and efficiency of any pro-
gram or operation which the Board has re-
viewed.
(C) PERSONNEL RECOMMENDATIONS.?When-
ever a Board finds reasonable cause to be-
lieve that an individual described in section
303(a)(1)(B) has breached the duty of that
individual. the Board shall transmit the
finding of reasonable cause, together with
such evidence and recommendation for ells-
tiplinary or other appropriate action, to the
head of the appropriate Federal agency or
instrumentality. In determining whether an
individual has breached a duty of that indi-
vidual. the Board shall take into account
any standard of conduct, law, rule, regula-
tion, contract, or order which is pertinent to
the performance of the duties of that indi-
vidual.
(d) REPORTS.?
(1) PROGRAM RECOMMENDATIONS.?In any
case in which a Board transmits recommen-
dations to the Secretary of State under sub-
section (b), the Secretary shall, not later
than 90 days after the receipt of such rec-
ommendations, submit a report to the Con-
gress on each such recommendation and the
action taken with respect to that recommen-
dation.
(2) PERSONNEL RECOMMENDATIONS.?In any
case in which a Board transmits a finding of
reasonable cause under subsection (c), the
head of the Federal agency or instrumental-
ity receiving the information shall review
the evidence and recommendations and
shall, not later than 30 days after the re-
ceipt of that finding, transmit to the Con-
gress a report specifying?
(A) the nature of the case and a summary
of the evidence transmitted by the Board;
and
(B) the decision by the Federal agency or
instrumentality, to take disciplinary or other
appropriate action against that individual or
the reasons for deciding not to take discipli-
nary or other action with respect to that in-
dividual.
SEC. 305. RELATION TO OTHER PROCEEDING&
Nothing in this title shall be construed to
create administrative or judicial review rem-
edies or rights of action not otherwise avail-
able by law, nor shall any provision of this
title be construed to deprive any person of
any right or legal defense which would oth-
erwise be available to that person under any
law, rule, or regulation.
TITLE IV?DIPLOMATIC SECURITY
PROGRAM
SEC. 401. AUTHORIZATION.
(a) DIPLOMATIC SECURITY Paooessa.?In ad-
dition to amounts otherwise available for
such purposes, there are hereby authorized
to be appropriated for the Department of
State for fiscal years 1988 through 1990
under the heading "Administration of For-
eign Affairs" for "Salaries and Expenses".
"Acquisition and Maintenance of Buildings
Abroad", and "Counter-terrorism Research
and Development", such aims as may be
necessary for diplomatic security construc-
tion. acquisition, and operations pursuant to
the Department of State'a Supplemental
Diplomatic Security Progr&m, except that
the aggregate appropriations pursuant to
this subsection for each such account for
those five fiscal years may not exceed the
total amount specified for that account for
those five fiscal years in the Department of
State's Budget in Brief for fiscal year 1987.
(b) NOTIFICATION TO AUTHORIZING COMMIT-
TEES OF REQUESTS FOR APPROPRIATIONS.?Ill
any fiscal year, whenever the Secretary of
State submits to the Congress a request for
appropriationg to carry out the program de-
scribed in subsection (a), thOecretary shall
notify the Committee on Foreign Affairs of
the House of Representative's and the Com-
mittee on Foreign Relations of the Senate
of such request, together with a justifica-
tion of each item listed in such request.
(c) Rgreoousuarrso 'I'Rzsrsisser. ?Amounts
made available for capital projects pursuant
to the program described in subsection (a)
shall be treated as a reprogramming of
funds under section 34 of the State Depart-
ment Basic Authorities Act of 1958 (22
U.S.C. 2708) and shall not b'e available for
obligation or expenditure except in compli-
ance with the procedures applicable to such
reprogramming.
(d) PROHIBITION ON REALLOCATIONS OF Au-
ritoitizAriogs.--Section 24(d)I of the State
Department Basic Authorities Act of 1958
(22 U.S.C. 2892(d)) shall not 'apply with re-
spect to any amounts authokzed to be ap-
propriated under this section.'
(e) SECURITY Rzonsassaarrs or Grua
FOREIGN AnAIRS AGENCILL?Based solely on
security requirements and within the total
amount of funds available for security, the
Secretary of State shall ensure that an equi-
table level of funding is provided for the se-
curity requirements of other foreign affairs
agencies.
(f) Imstrmainscy or Foisns.-1 In the event
that sufficient funds are not available in
any fiscal year for all of the 'diplomatic se-
curity construction, acquisition, and oper-
ations pursuant to the Department. of
State's Supplemental Diplomatic Security
Program. the Secretary of State shall report
to the Congress the effect that the insuffi-
ciency of funds will have with 'respect to the
Department of State and each of the other
foreign affairs agencies.
SEC. 402. DIPLOMATIC CONSTRUCTION PROGRAM.
(14) PREFIRENCR FOR UNIT* STATES CON-
TRAcroas.?Notwithstanding section 11 of
the Foreign Service Buildings Act, 1928. and
where adequate competition exists. only
United States persons and qualified United
States joint venture persons may bid on a
diplomatic construction projea, for which
funds are authorized by this title, which has
an estimated contract value exceeding
$5.000,000.
(b) EXCEPTION.--Subsection (a) shall not
apply with respect to any project in a for-
eign country whose laws and 'policies pro-
hibit the use of United States contractors
on United States diplomatic Iconstruction
Projects.
(c) Diernarrows.?For the purposes of this
section?
(1) the term "adequate competiton"
means with respect to a construction
project, the presence of two or more quali-
fied bidders submitting responsive bids for
that project:
(2) the term "United States person"
.means a person which?
(A) is incorporated or legally Organized
under the laws of the United States. includ-
March 18, 1986
ins State. the District of Columbia, and
local laws: and
(B) has its principal place of business in
the United States: and
(C) has been incorporated or legally orga-
nized in the United States for more than 5
Years before the issuance date of the invita-
tion for bids or request for proposals with
respect to a construction project: and
(D) has performed within the United
States administrative and technical, profes-
sional, or construction services similar in
complexity, type of construction, and value
to the project being bid; and
(E) has achieved total business volume
equal to or greater than the value of the
project being bid in 3 years of the 5-year
period before the date specified in subpara-
graph (C): and
(F) employs United States citizens in more
than half of its permanent, full-time posi-
tions in the United States and will employ
United States citizens in 80 percent of the
supervisory positions on the foreign build-
ings office project site; and
(G) has the existing technical and finan-
cial resources in the United States to per-
form the contract: and
(3) the term "qualified United States Joint
venture person" means a joint venture in
which a United States person or persons
owns at least 51 percent of the assets of the
Joint venture.
(d) AMERICAN MINORITY CONTRACTORS.?
Not less than 10 percent of the amount ap-
propriated pursuant to section 401(a) for
diplomatic construction projects each fiscal
year shall be allocated to the extent practi-
cable for contracts with American minority
contractors.
SEC. 403, QUALIFICATIONS OF PERSONS HIRED FOR
THE DIPLOMATIC CONSTRUCTION
PROGRAM.
In carrying out the diplomatic construc-
tion program referred to in section 401(a).
the Secretary of State may employ as pro-
fessional staff (by appointment, contract, or
otherwise) only those persons with a dem-
onstrated specialized background in the
fields of construction, construction law, or
contract management. In filling such posi-
tions. the Secretary shall actively recruit
women and members of minority groups.
SEC. 404. COST OVERRUNS..
Any amount required to complete any
capital project described in the Department
of State's Supplemental Diplomatic Securi-
ty Program which is in excess of the
amount made available for that project
shall be treated as & reprogramming of
funds under section 34 of the State Depart-
ment Basic Authorities Act of 1958 (22
U.S.C. 2708) and shall not be available for
obligation or expenditure except in compli-
ance with the procedures applicable to such
reprogrammings.
SEC.10& EFFICIENCY IN CONTRACTING.
The Director of the Office of Foreign
Buildings shall provide for a contract
system of bonuses and penalties for the dip-
lomatic construction program funded pursu-
ant to the authorizations provided in this
title. Not laterthan 3 months after the date
of enactment of this Act, the Director shall
submit a report to the Congress on the im-
plementation of this section.
SEC. MIL ADVISORY PANEl. ON OVERSEAS SECURI.
TY.
Not later than 90 days after the date of
enactment of this Act. the Secretary of
State shall submit a report to the Congress
on the implementation of the 91 recommen-
dations contained in the final report of the
Advisory Panel on Overseas Security. If any
such recommendation has been rejected.
C..'.
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marcri 16, INFO
the Secretary shall provide the reasons why
that recommendation was rejected.
SEC. 1117.111AINING70 IMPROVE PERIMETER SECU-
RITY AT IRTTED STATES DIPLOMATIC
MISSIONS ABROAD.
(a) TaAntrini.?It is the sense of Congress
that the President should use the authority
under chapter 8 of title II of the Foreign
Assistance Act of 1961 (relating to anti-ter-
rorism assistance) to improve perimeter se-
curity of United States diplomatic missions
abroad.
(b) REPORTS?Not later than October 1 of
each year. the President shall submit a
report to the Congress on the progress and
problems of improving perimeter security of
United States diplomatic missions abroad.
SEC. 105. PROTECTION OF ENTRANCE OF UNITED
STATES DIPLOMATIC MISSIONS
ABROAD.
The Secretary of State shall Install and
maintain a walk-through metal detector or
more advanced screening system at the
main entrance of each United States diplo-
matic mission abroad.
SEC. in. CERTAIN PROTECTIVE PUNCTIONS.
Section 208(a) of title 3. United States
Code, is amended by adding at the end
thereof the following: "In carrying out any
duty under section 202(7). the Secretary of
State is authorized to utilize any authority
available to the Secretary under title II of
the State Department Basic Authorities Act
of 1956.".
TITLE V?STATE DEPARTMENT AU-
THORITIES TO COMBAT INTERNA-
TIONAL TERROR1f3M
SEC SW MOST WANTED INTERNATIONAL TERROR-
ISTS um
(a) MArwrzeAscs AND Pasuciaroa.?The
Secretary of State shall maintain and publi-
cize a most wanted international terrorists
list.
(b) SetzurroN.?The Most wanted interna-
tional terrorists list shall contain the names
of those individuals?
(1) with respect to whom rewards could be
offered under paragraph (1) or paragraph
(2)(A)(10 of section 36(a) of the State De-
partment Basic Authorities Act of 1956 (22
U.S.C. 2708(a)); and
(2) who are sought for prosecution by the
United States for acts described in those
Paragraphs: and
(3) whose inclusion on the list would be
useful in enhancing efforts to apprehend
and effectively prosecute them.
The Secretary of State shall make the de-
terminations required by this section, in
consultation with the Attorney GeneraL
SEC Sat. AMOUNT OF REWARDS FOR ITOTORMATION
ABOUT MOST WANTED INTEDNATION-
. Al. TERRORDITS.
Section 36( b) of the State Department
Basic Authorities Act of 1956 (22 U.S.C.
2/08(b)) is amended by inserting immediate-
ly before the period at the end of the firiR
sentence the following: ", except that a
reward of up to 11.000,000 may be paid with
respect to each individual on the most
wanted international terrorists list estab-
lished pursuant to section 501 of the Omni-
bus Diplomatic Security and Anti-Terrorism
Act of 1986. each individual sought for an
act of international terrorism resulting in
the death of a citizen or national of the
United States, and each individual sought
for an act of international terrorism involv-
ing the detention of a citizen or national of
the United States for a period longer than
60 days".
SEC. RE REWARDS FOR INFORMATION RELATING
TO INTERNATIONAL NARCOTERROE
ISM AND Dam TRAFFICKING.
(a) Annioarrr or Tug 13RMIRTART OF
STATE?Section 36(s) of the State Depart-
ment Basic Authorities Act of 1956 (22
U.S.C. 2708411)) is amended to read as fol-
lows:
"(a) The Secretary of State may pay a
reward to any individual who furnishes the
following information:
"(1) Irrmen*Trona'. Destacnusit,?Informs-
tion leading to?
"(A) the arrest or conviction, in any coun-
try of any individual for committing, or for
conspiring or attempting to cammit, an act
of international terrorlimi: or I
-(B) the prevention, frustration, or favor-
able resolution of an act of international
terrorism:
Li the act of international terrorism is
against a United States person or United
States property and is primarily outside the
territorial jurisdiction of the United States.
"(2) INTERNATIONAL MaRcoTERRORISM AND
Deno TRAFFICKEME?Information leading to?
"(A) the arrest or convictionlin any coun-
try of any individual for committing primar-
ily outside the territorial jurisdiction of the
United States, or for conspiring or attempt-
ing to commit primarily outside the territo-
rial jurisdiction of the United States, a nar-
cotics-related offense, if that offense in-
volves or is a significant part of conduct
that involves?
"(i> a violation of United States drug laws
which ?cam primarily outaiae;the territori-
al jurisdiction of the United States and
which is such that the individual is a class I
violator under the Domestic Drug Violator
Classification Standards and Criteria estab-
lished by the Drug Enforcement Adminis-
tration;"(ii) the killing or kidnappinlg outside the
or
territorial jurisdiction of the United States
of?
"(I) any officer, employee, or contract em-
ployee of the United States lOovernasent
while that individual is engaged in official
duties, or on account of that ihilividual's of-
ficial duties, in connection with the enforce-
ment of United States drug lain or the im-
plementation of United States 'drug control
objectives. or
"(II) a member of the immediate family of
any such individual on account of that indi-
vidual's duties in connection with the en-
forcement of United States drill laws or the
Implementation of United States drug con-
trol objectives: or
"(B) the prevention or frustration of an
act described in subparagraph (A).".
(b) CONSULTATION WITH THE ATTORNEY
Gronsuu---Section 36(c) of Such Act is
"(c) The Secretary of State shall advise
amended to read as follows:
and consult with the Attorney General
before paying any reward under this sec-
tion?
"(1) in a matter over which there is Feder-
al criminal jurisdiction; or
"(3) for any information described in sub-
section (a)(3).".
(C) MOWN FOR SMARM?Section 36(0
of such Act is amended by itrikting out the
period at the end of the first sentence and
Inserting in lieu thereof the following: ", up
to 12.000.000 of which may be used for re-
wards for information described in subsec-
tion (a)(2). In addition to the amount au-
thorized by the preceding sentence, there
are authorised to be appropriated
$10,000.000 for fiscal year 1987 for 'Adminly-
tration of Foreign Affairs' for use in paying
rewards under this section. up to $5.000.000
of which may be used for rewards for infor-
mation described in subsection (a)(2).".
(d) aspornrs on RxwAamc Ditsnartoss.?
Section VI of such Act is amended by adding
at the end thereof the following new subsec-
tions:
"(g) Not later than 30 days after paying
any reward under this section. the Secretary
.of State shall submit a report to the Con-
grew with respect to that reward. The
report, which may be submitted' on a classi-
fied basis if necessary, shall specify the
amount of the reward paid, to whom the
reward was paid, and the acts with respect
to which the reward was paid, and shall dis-
cuss the significance of the Information for
which the reward was paid In dealing with
those acts.
-(h) As used in this section?
"(1) the term 'United States drug laws'
means the laws of the United States for the
prevention and control of Illicit traffic in
controlled substances (as such term is de-
fined for purposes of the Controlled Sub-
stances Act): and
"(2) the term 'member of the immediate
family' includes?
"(A) a spouse, parent, brother, sister, or
child of the individual;
"(B) a person to whom the individual
stands in loco parentis: and
"(C) any other person living in the indi-
vidual's household and related to the indi-
vidual by blood or marriage.".
SEC. IN. COORDINATION OF TERRORISM.RELATED
ASSISTANCE
Section 502 of the International Security
and Development Cooperation Act of 1985
(22 U.S.C. 2349sa-7) is amended?
(1) in the section heeding by striking out
"ANTI-TERRORISM" and inserting in lieu
thereof -TERRORISM-RELATED":
(2) in subsection (a) by striking out "anti-
terrorism assistance to foreign countries
provided by the United States Government"
and inserting in lieu thereof "assistance re-
lated to international terrorism which is
provided by the United States Government
to foreign countries": and
(3) in subsection (b) by striking out "anti-
terrorism assistance" and inserting in lieu
thereof "assistance related to international
terrorism which was".
SEC. MI COUNTERTERRORISM PROTECTION FUND.
The State Department Basic Authorities
Act of 1956 is amended?
(1) by redesignating section 39 as section
40: and
(2) by inserting after section 38 (22 U.S.C.
2710) the following new section:
"SEC IS, coutrrititisimortani PROTECTION FUND.
"(a) Aursoiurr.?The Secretary of State
may reimburse domestic and foreign per-
sons, agencies, or governments for the pro-
tection of judges or other persons who pro-
vide assistance or information relating to
terrorist incidents primarily outside the ter
-
Mortal jurisdiction of the United States.
Before making a payment under this section
In a matter over which there is Federal
criminal jurisdiction, the Secretary shall
advise and consult with the Attorney Gener-
al.
'(b) AUTHORIZATION OF APPROPRIATIONS.?
There are authorized to be appropriated to
the Secretary of State for 'Administration
of Foreign Affairs' $1,000.000 for fiscal year
1980 and $1,000.000 for fiscal year 1987 for
use in reimbursing persons, agencies, or gov-
ernments under this section. ?
-(c) DESIGNATION OF FUND.?Amounts
made available under this section may be re-
ferred to as the 'Counter-terrorism Protec-
tion Fund'.".
SEC WI REPORTS TO CONGRESS ON TERRORISM.
RELATED TRAVEL ADVISORIES.
The Secretary of State shall report
Promptly to the Congress whenever the De-
Partment of State issues a travel advisory.
or other public warning notice for United
States citizens traveling abroad, because of
a terrorist threat or other security concern.
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H 1256 CONGRESSIONAL RECORD ? HOUSE March 18, 1986
sIA'. 7417. ISSUANCE IW 'TAVEL AlW1144WIF:S ON AC.
COUNT IW TERRoRlsm SUPPORTED
BY LIBYA. IRAN. OR OTHER FOREIGN
GOVERNMENTS.
It is the sense of the Congress that the
Secretary of State should consider the issu-
ance of a travel advisory, or other appropri-
ate notice. warning United States citizens of
the dangers of traveling in tuft foreign
country in which United States citiiens?
( 1 ) are attacked by terrorists supported by
Libya or Iran if the government of that
country fails to act immediately to require
the closing of any Libyan official missions
in that country or any Iranian official mis-
sions in that country, as the case may be: or
(2) are attacked by terrorists supported by
any other foreign government which used
its official missions to support that attack,
if that foreign government is not immedi.
ateiy required to close all of its official mis-
sions in the country in which the attack oc-
curred.
"sEc. 5iis. AUTHORITY TO CONTROL CI:HYMN TER-
RORIS VIRF.LATF.D SF.RII ICES.
The State Department Basic Authorities
Act of 1956 is amended?
(1) by redesignating section 40 (as so re-
designated by section 505 of this AcU as sec-
tion 41; and
(2) by inserting after section 39 (as added
by section 505 of this Act) the following new
section:
"SEC. 40. AUTHORITY TO CONTROL CERTAIN TER-
RORISMRELATED SERVICES.
"(a) AtrrHoarry.?The Secretary of State
may. by regulation, impose controls on the
provision of the services described in subsec-
tion (b) if the Secretary determines that
provision of such services would aid and
abet international terrorism.
"(b) Semmes &nutter To Corracm..?The
services subject to control under subsection
(a) are the following:
"(1) Serving in or with the security fortes
of a designated foreign government.
-(2) Providing training or other technical
services having a direct military, law en-
fomement. or intelligence application, to or
for the security forces of a designated for-
eign government.
Any regulations issued to impose controls
on services described in paragraph (2) shall
list the specific types of training and other
services subject to the controls.
(c) PERSONS SUBJECT or CONTROLS.?
These services may be controlled under sub-
section (a) when they are provided within
the United States by any individual or
entity and when they are provided any-
where in . the world by a United States
person.
"(d) LICENSES.?In carrying out subsection
(a). the President may require licenses,
which may be revoked, suspended, or
amended, without prior notice, whenever
such action is deemed to be advisable.
"(e) Derisrri0N5.?
"11 ) DasIGNATED FOREIGN covitarnssarr.?As
uced in this section, the term 'designated
foreign government' means a foreign gov-
ernment that the Secretary of State has de-
termined. for purposes of section 6(j)(1) of
the Export Administration Act of 1979, en-
gages in or provides support for internation-
al terrorism.
-(2) SECURITY FORCES?As used In this sec-
tion. the term 'security forces' means any
military or paramilitary forces, any police
or other law enforcement agency, and any
Intelligence agency of a foreign government.
"(3) Mona STATES.?As used in this sec-
tion, the term 'United States' includes any
State. the District of Columbia. the Com-
monwealth of Puerto Rico, the Common-
wealth of the Northern Mariana Islands,
and any territory or possession of the
United States.
"(4) UNITED STATES PERSON.?As used in
this section, the term 'United States person'
means any United States national, any per-
manent resident alien, and any sole propri-
etorship, partnership, comp(tny, association.
or corporation organized under the laws of
or having its principal place of business
within the United States. :
"(f) ViotATtoxs.?Whoever willfully vio-
lates any regulation issued under this sec-
tion shall be fined not more than $100,000
or five times the total compensation re-
ceived for the conduct whicb constitutes the
violation, whichever is greater, or impris-
oned for not more than ten years. or both,
for each such offense.
"(g) CONGRESSIONAL OVERSIGHT.?
"(1)REVIEW OF REGULATIONS.?Not less
than 30 days befere issuing any regulations
under this section (including any amend-
ments thereto). the President shall transmit
the proposed regulations to the Congress.
"(2) RzeoaTs.?Not less than once every
six months, the President shall report to
the Congress concerning the number and
character of licenses granted and denied
during the previous reporting period, and
such other information as: the President
may find to be relevant to the accomplish-
ment of the objectives of this section.
"(h) RguiTioNinue TO OTHER Laws.?The
authority granted by this section is in addi-
tion to the authorities granted by any other
provision of law.".
SEC. SOIL EXPORTS To cOtivrtiEs SUPPORTING
TERRORISM.
(a) PROHIBITION OF CERTAIN El:PORTS.?
Section 6(1) of the Export :Administration
Act of 1979 (50 U.S.C. App. 2405(j)) is
amended?
(1) by redesignating paragraph (2) as
paragraph (3): and
(2) by striking out paragraph (I) and in-
serting in lieu thereof the following:
"(1)(A) No item on the United States Mu-
nitions List established pursuant to section
38(a)(1) of the Arms Export Control Act
may be exported to any country which the
Secretary of State determines engages in or
provides support for international terror-
ism.
"(B) The President may waive the prohi-
bition contained in subparagraph (A) in the
case of a particular export if-4-
"Ci) the President determines that the
export is important to the national interests
of the United States. and
"(ii) the President submits to the Con-
gress a report justifying that determination
and describing the proposed export.
Any waiver under this subparagraph shall
expire at the end of 90 calendar days after it
Is granted unless the Congress enacts a law
extending the waiver.
"(2)(A) No goods or technology which the
Secretary of State determines would make a
significant contribution to the military po-
tential of a country referred to in paragraph
(1)(A). or would enhance the ability of such
country to support international terrorism,
may be exported to such qountry except
pursuant to a validated export license.
"(B) The Secretary and the Secretary of
State shall notify the Committee on For-
eign Affairs of the House of Representatives
and the Committee on Banking. Housing.
and Urban Affairs and the Committee on
Foreign Relations of the Senate at least 30
legislative days before any license is issued
authorizing any export under, subparagraph
(A).".. _
(b) COOPERATION Or roams GOVERN-
=ITS: COMPUTATION Or LEGISLATIVE DAYS.?
Section 6(j) of the Export Administration
Act of 1979 is amended by adding at the end
the following:
. "(4) The President shall take all feasible
steps to secure the cooperation of appropri-
ate foreign governments ra prohibiting or
controlling (as the case may be) the export
to countries described in paragraph (1 )4A)
of Rent& goods, and technology comparable
to the items, goods, and technology the
export of which is prohibited or controlled
by this subsection.
"(5) In the computation of the period of
30 legislative days referred to in paragraph
(2)(B), there shall be excluded the days on
which either House of Congress is not in
session because of an adjournment of more
than 3 days to a day certain or because of
an adjournment of the Congress sine die.-.
(C) CLERICAL AMENDMENT.?SeCtIOn 6( j)( 3 )
of the Export Administration Act of 1979. as
redesignated by subsection (a)(1) of this sec ?
tion, is amended by striking out "(1)" and
inserting in lieu thereof "(1)(A)".
TITLE VI?INTERNATIONAL NUCLEAR
TERRORISM
SEC. 601. ACTIONS TO COMBAT INTERNATIONAL NU?
CLEAR TERRORISM.
(44) ACTIONS TO BE TAKEN By THE PRESI-
DENT.?The Congress hereby directs the
President?
(1) to seek universal adherence to the
Convention on the Physical Protection of
Nuclear Material:
(2) to?
(A) conduct a review, enlisting the partici-
pation of all relevant departments and agen-
cies of the Government, to determine
whether the recommendations on Physical
Protection of Nuclear Material published by
the International Atomic Energy Agency
are adequate to deter theft, sabotage, and
the use of nuclear facilities and materials in
Ws of international terrorism. and
(B) transmit the results of this review to
the Director-General of the International
Atomic Energy Agency:
(3) to take, in concert with United States
allies and other countries, such steps as may
be necessary?
(A) to keep to an absolute minimum the
amount of weapons-grade nuclear material
in international transit. and
(B) to ensure that when any such material
is transported internationally, it is under
the most effective means for protecting it
from acts or attempted acts of sabotage or
theft by terrorist groups or nations: and
(4) to seek agreement in the United Na-
tions Security Council to establish?
(A) an effective regime of international
sanctions against any nation or subnational
group which conducts or sponsors acts of
International nuclear terrorism. and
(B) measures for coordinating responses
to all acts of international nuclear terror-
ism, including measures for the recovery of
stolen nuclear material and the clean-up of
nuclear releases.
(b) REPORTS TO THE CONGRESS.?The Presi-
dent shall report to the Congress annually,
in the reports required by section 601 of the
Nuclear Non-Proliferation Act of 1978 (22
U.S.C. 3281), on the progress made during
the preceding year in achieving the objec-
tives described in this section.
SEC. 602. AITHORITY TO SUSPEND NUCLEAR COOP-
ERATION WITH NATIONS WHICH HA VE
NOT RATIFIED THE CONVENTION ON
THE PHYSICAL PROTECTION OF NI'.
CLEAR MATERIAL
Chapter 11 of the Atomic Energy Act of
1934 is amended by adding at the end there-
of the following new section:
"Sec. 132. AUTHORITY TO SUSPEND NUCLEAR
COOPERATION WITH NATIONS WHICH HAVE
NOT RATIFIED THE CONVENTION ON THE PHYS-
ICAL SECURITY OF NUCLEAR MATERIAL.?
"The President may suspend nuclear co-
operation under this Act with any nation or
group of nations which has not ratified the
4-? ?
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Convention on the Physical Security of Nu-
clear Material.".
SEC. $at cOSSI LTATION WITH THE DEPARTMENT
OF DEFENSE CONCERNING CERTAIN
NUCLEAR EXPORTS AND SUBSEQUENT
ARRANGEMENTS.
Chapter 11 of the Atomic Energy Act of
1954, as amended by section 802 of this Act.
Is further amended by adding at the end
thereof the following new section:
"Szc. 139. CONSULTATION WITH THE DE-
PARTMENT OF DETENSE CONCERNING CERTAIN
EXPORTS AND SUBSEQUENT ARRANGE'S/NTS.?
"a. In addition to other applicable require-
ments? .
"(1) a license may be issued by the Nucle-
ar Regulatory Commission under this Act
for the export of special nuclear material
described in subsection b.: and
"(2) approval may be granted by the Sec-
retary of Energy under section 131 of this
Act for the transfer of special nuclear mate-
rial described In subsection b.;
only after the Secretary of Defense has
been consulted on whether the physical pro-
tection of that material during the export
or transfer will be adequate to deter theft.
sabotage, and other acts of International
terrorism which would result in the diver-
sion of that material. If. In the view of the
Secretary of Defense, the export or transfer
might be subject to a genuine terrorist
threat, the Secretary shall provide to the
Nuclear Regulatory Commission or the Sec-
retary of Energy, as appropriate, his written
assessment of the risk and a description of
the actions the Secretary of Defense consid-
ers necessary to upgrade physical protection
measures.
"b. Subsection a. applies to the export or
transfer of more than 2 kilograms of pluto-
nium or more than 20 kilograms of uranium
enriched to more than 20 percent in the iso-
tope 233 or the isotope 235.".
SEC. 400. REVIEW OF PHYSICAL SECURITY 'STAND-
ARDS.
(a) Rutaws.?The Secretary of Defense.
the Secretary of State, the Secretary of
Energy, the Director of the Arms Control
and Disarmament Agency, and the Nuclear
Regulatory Commission shall each review
the adequacy of the physical security stand-
ards currently applicable with respect to the
shipment and storage (outside the United
States) of plutonium, and uranium enriched
to more than 20 percent in the isotope 239
or the isotope 235, which is subject to
United States prior consent rights, with spe-
cial attention to protection against risks of
seizure or other terrorist acts.
(b) Rzeowrs.?Not later than 6 months
after the date of enactment of this Act. the
Secretary of Defense. the Secretary of
State. the Secretary of Energy. the Director
of the Arms Control and Disarmament
Agency, and the Nuclear Regulatory Com-
mission shall each submit a written report
to the Committee on Foreign Affairs of the
House of Representatives and the Commit-
tee on Foreign Relations of ?the Senate set-
ting forth the results of the review conduct-
ed pursuant to this section, together with
appropriate recommendations.
SEC. Ma INTERNATIONAL REVIEW OF THE NUCLE-
AR TERRORISM PRoBLEM.
The Congress hereby directs the President
to seek a comprehensive review of the prob-
lem of nuclear terrorism by an international
conference.
TITLE VII?MULTILATERAL COOPERA-
TION TO COMBAT INTERNATIONAL
TERRORISM
SEC. 701. CONSIDERATION OF INTERNATIONAL TER-
RORISM AT THE TOKYO ECONOMIC
SUMMIT CONFERENCE.
The Congress hereby directs the Presi-
dent?
(1) to seek to have the issue of interna-
tional terrorism included on the agenda of
the 1986 Tokyo economic summit confer-
ence: and
(2) to seek agreement at that conference
on a strengthening of the policy contained
in the Joint Declaration on International
Terrorism issued at the conclusion of the
July 1978 Bonn economic summit confer-
ence, including agreement?
(A) to broaden that policy to, cover the hi-
jacking of all means of transportation, not
Just aircraft:
(B) to require the extradition or prosecu-
tion of those responsible for planning a hi-
jacking, in addition to those who actually
carried out the hijacking: and
(C) to impose a range of sanctions against
those nations that refuse to extradite or
prosecute all those responsible for any such
hijacking.
SEC. 702. INTERNATIONAL ANTUTERRORISM c021-
MIITEE.
The Congress hereby directs the President
to continue to seek the establishment of an
international committee, to be known as the
International Anti-Terrorism Committee.
consisting of representatives of the member
countries of the North Atlant c Treaty Or-
ganization. Japan, and such other countries
as may be invited and may choose to partici-
pate. The purpose of the Committee should
be to focus the attention and secure the co-
operation of the governments and the
public of the participating countries and of
other countries on the problems and re-
sponges to international terrorism (includ-
ing nuclear terrorism), by Serving as a
forum at both the political and law enforce-
ment levels.
SEC. En INTERNATIONAL ARRANGEMENTS RELAT-
ING TO PASSPORTS AND VISAS.
The Congress hereby directs the President
to seek the negotiation of international
agreements (or other appropriate arrange-
ments) to provide for the abating of infor-
mation relating to passports and visas in
order to enhance cooperation among coun-
tries in combatting international terrorism.
SEC 764. PROTECTION Of AMERICANS ENDAN-
GERED BY THE APPEARANCE OF
THEIR PLACE OF BIRTH ON THEIR
PASSPORTS,
(a) PuguiNos.?The Congress finds that
some citizens of the United States may be
specially endangered during al hijacking or
other terrorist incident by the fact that
their place of birth appears on their United
States passport.
(b) Nsoortanoas.?The Congress hereby
directs the President to enter into negotia-
tions with other countries to obtain general
agreement to the deletion of the place of
birth as a required item of information on
passports.
SEC. MS. USE OF DIPLOMATIC PRIV ILEUM AND IN-
MUNMES FOR TEXIOONISM PUR-
POSES.
The Congress hereby directs.the President
to instruct the United States Ambassador to
the United Nations to seek the adoption of a
resolution in the United Nations condemn-
ing the use for terrorist purposes of diplo-
matic privileges and immunities under the
Vienna Convention on Diplomatic Rela-
tions, especially the misuse of diplomatic
pouches and diplomatic missions.
SEC. 7011. REPORTS ON PROGRESS IN INCREASING
MULTILATERAL COOPERATION.
Not later than 8 months after the date of
enactment of this Act, the President shall
submit a report to the Congress on the steps
taken to carry out each of the preceding
section,' of this title and the progress being
made in achieving the objectives described
in those seCtions.
TITLE VIII?VICTIMS OF TERRORISM
COMPENSATION
SEC. Kul. SHORT TITLE.
This title may be cited as the "Victims of
Terrorism Compensation Act".
SEC. WI. BENEFITS FOR CAPTIVES AND OTHER vic-
TIMS OF HOSTILE ACTION.
(a) IN OT.NERAL.?Subchapter VII of chap-
ter 55 of title 5. United States Code, is
amended by adding at the end thereof the
following:
-II 5569. Benefits for captive,'
"(a) For the purpose of this section?
"(1) *captive' means any individual in a
captive status commencing while such indi-
vidual is?
"(A) in the civil service. or .
"(B) a citizen, national, or resident alien
of the United States rendering personal
service to the United States similar to the
service of an individual in the civil service
(other than as a member of the uniformed
services):
"(2) the term 'captive status' means a
missing status which, as deterrr.ined by the
President, arises because of a hostile action
and is a result of the individual's relation-
ship with the Clovernmeni4
-(3) 'missing status'?
"(A) in the case of an employee, has the
meaning provided under section 5561(5) of
this title: and
"(B) in the case of an individual other
than an employee, has a similar meaning:
and
"(4) 'family member', as used with respect
to a person, means?
"(A) any dependent of such person: and
"(B) any individual (other than a depend-
ent under subparagraph (A)) who is a
member of such person's family or house-
hold.
"(b)(1) The. Secretary of the Treasury
shall establish a savings fund to which the
head of an agency may allot all or any por-
tion of the pay and allowances of any cap-
tive to the extent that such pay and allow-
ances are not subject to an allotment under
section 5563 of this title or any other provi-
sion of law.
"(2) Amounts so allotted to the savings
fund shall bear interest at a rate which, fur
any calendar quarter, shall be equal to the
average rate paid on United States Treasury
bills with 3-month maturities issued during
the preceding calendar quarter. Such inter-
est shall be compounded quarterly.
"(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 indii idual
Is 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 in section
5566(f ) of this title shall be deemed to be
part of such amount for purposes of such
section 5588(f).
"(5) An allotment under this subsection
may be made without regard to section
5583(c) of this title.
"(c) The head of an agency shall pay (by
advancement or reimbursement) any indi-
vidual who Is a. captive, and any family
member of such Individual, for medical and
health care, and other expenses related to
such care, to the extent that such care?
"(1) is incident to such individual being a
captive: and
-(2) is not covered-
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-(A) by any Government medical or
health program: or
"(B) by insurance.
"(de 1) Except as provided In paragraph
(3). the President shall make a cash pay-
ment to any individual who became or be-
comes a captive commencing on or,efter No-
vember '4. 1979. Such payment 'Duel be
made before the end of the one-year Dern:4
beginning on the dote on which the captive
status of such individual terminates or, in
the case of any individual whose status as a
captive terminated before the date of the
enactment of the Victims of Terrorism
Compensation Act, before the end of the
one-year period beginning on such date.
"(2) A payment under this subsection in
the case of any individual held as a cap-
tive?
(A) shall be equal to an amount deter-
mined by the President. taking into account
the treatment received by such individual
while in captivity and any other factor
which the President considers appropriate:
but
"(B) shall be not less than the amount of
the world-wide average per diem rate which
would be payable to any person under sec-
tion 5702 of this title, based on?
"(1) a period of time equal to the Period
for which such individual was held as a cap-
tive: and
"(U) the world-wide average per diem rate
which, during the period of captivity in-
volved. was in effect under such section.
"(3) The President?
"(A) may defer a payment under this sub-
section in the case of any individual who,
during the one-year period described in
paragraph a), is charged with an offense
described in subparagraph (B), until final
disposition of such charge: and
"(B) may deny such payment in the case
of any individual who Is convicted of an of-
fense described in subsection (b) or (c) of
section 8312 of this title committed?
"(I) during the period of captivity of such
individual: and
"(ii) related to the captive status of such
individual.
"(4) A payment under this subsection
shall be In addition to any other amount
provided by law.
"i5) The provisions of subchapter VII! of
this chapter (or, in the case of any Person
not covered by such subchapter. similar pro-
visions prescribed by the President) shall
apply with respect to any amount due an in-
dividual under paragraph (1) after such in.
ividual's death.
"(6) Any payment made under paragraph
(1) which is later denied under paeagralah
13)(8) is a claim of the United States Gov-
ernment for purposes of section 3711 of title
31.
"(e)(l) Under regulations prescribed by
the President, the benefits provided by the
, Soldiers' and Sailors' Civil Relief Act of
1940. Including the benefits provided by sec-
tion 701 of such Ark but excluding the bene-
fits provided by sections 104. 105. 106. 400
through 408. 301 through 512. and 514 of
such Act, shall be provided in the case of
any individual who Is a captive.
21 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 service' 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 Arthy. the Chief of
Naval Personnel, and the Commandant.
United States Marine Corps, are deemed. in
:he case of any captive, to be references to
in individual designated for that purpose by
the President.
"( le 1 X A) Under regulations prescribed by
the President, the head of an agency shall
pay (by advancement or reimbursement) a
spouse or child of a captive for expenses in-
curred for subsistence, tudion, fees, sup-
plies. books, and equipment, and other edti-
cational expenses, while attending an educa-
tional or training institution.I
"(13) Except as provided in subparagraph
(C). payments shall be available under this
paragraph for a spouse or child of an indi-
vidual who is a captive for education or
training which occurs?
"(i) after that individual has been in cap-
tive status for 90 days or more, and
"(ii) on or before?
"(I) the end of any semester or quarter (aa
appropriate) which- begins before the date
on which the captive status Of that individ-
ual terminates. or
"(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.
'
In order to respond to, special circum-
stances. the appropriate agency head may
specify a date for purposes of cessation of
assistance under clause (11) Which is later
than the date which would otherwise apply
under such clause.
"(C) In the event a captive dies and the
death is incident to that inditedual being a
captive, payments shall be available under
this paragraph for a spouse or child of such
individual for education or training which
occurs after the date of such individual's
death.
"(D) The preceding provisions of this
paragraph shall not apply with respect to
any spouse or child who Is eligible for assist-
ance under chapter 33 of Mk; 36 or similar
amistance under any other provision of law.
"(E) For the purpose of this leuagraPh.
'child' means a dependent tinder section
5561(3)(3) of this title. I
"(2)(A) In order to respond to special cir-
cumstances. the head of an agency may pay
(by advancement or retatburaement) a cap-
tive for expenses incurred for subskitence,
tuition, fees, supplies, books: and equip-
ment, and other educational expenses. while
attending an educational or training institu-
tion.
"(B) Payments shall be available under
this paragraph for a captive for education
or training which occurs?
"(i) after the termination of that individ-
ual's captive status. and
NM on or before?
"(I) the end of any semester or quarter (as
appropriate) which begins before the date
which is 10 years after the day on which the
captive status of that Individual terminates.
or
"(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 law.
"(3) Assistance under this subsection?
"(A) shall be discontinued for any individ-
ual whose conduct or progress is unsatisfac-
tory under standards contestant with those
established pursuant to section 1724 of title
38: and
"(B) may not be provided for any individ-
ual for a period in excess of 45 months (or
the equivalent thereof in other than full-
time educatioa or training).
' "(4) Regulations prescribed to carry out
this subsection shall provide that the pro-
gram under this subsection shall be consist-
ent with the assistance program under
chapters 35 and 36 of title 38.
"(g) Any benefit provided under iubsec-
tion (c) or (d) may. under regulations pre-
scribed by the President. be provided to a
family member of an individual if ?
"(1) such family member is held in captive
status; and
"(2) such Individual is performing service
for the United States as described in subsec-
tion tael)(A) when the captive status of
such family member commences.
"(h) Except as provided in subsection (di,
this section applies with respect to any Ina.
vidual in a captive status commencing after
January 21, 1981.
"(i) Notwithstanding any other provision
of this subchapter, any determination by
the President under subsection (ai(2) or (d)
shall be conclusive and shall not be subject
to judicial review.
"(j) The President may prescribe regula-
tions necessary to administer this section.
"f 5570. Compensation for disability or death
"(a) For the purpose of this section?
"(1) 'employee' means?
"(A) any individual in the civil service: and
"(111) any individual rendering personal
service to the United States similar to the
service of an individual in the civil service
(other than as a member of the uniformed
services): and
"(2) 'family member', as used with respect
to an empioyee, means?
"(A) any dependent of such employee: and
"(13) any individual (other than a depend-
ent under subparagraph (A)) who is a
member of the employee's family or house-
hold.
"(b) The President shall prescribe regula-
tions under which an agency head may Pay
compensation for the disability or death of
an erapioyee or a family member of as em-
ployee if, as determined by the President,
the disability or death was caused by hostile
action and was a result of the individual's
relationship with the Government.
"(c) Any compensation otherwise payable
to an individual under this section in con-
nection with any disability or death shall be
reduced by any amounts payable to such in-
dividual under any other Program funded in
whole or in part by the United States (ex-
cluding any amount payable under section
5569(d) of this title) in connection with such
disability or deatb, except that nothing in
this subsection shall result in the reduction
of any amount below zero.
"(d) A determination by the President
under subsection (b) shall be conclusive and
shall not be subject to judicial review.
"(e) Compensation under this section may
include payment (whether by advancement
or reimbursement) for any medical or
health expenses relating to the death or dis-
ability involved to the extent that such ex-
Dense, are not covered under subsection 4.c)
of section 5569.01 this title (other than be-
cause of paragraph 12) of such subsection).
"(f) This section applies with respect to
any disability or death resulting from an
injury which occurs after September :10.
1985.". ?
(b) COSPORDLING ADIEWDDENT.?The anal.Y?
ais for chapter 55 of title 5, United States
Code. Is amended by inserting after the item
relating to section 5568 the following:
"5569. Benefits for captives.
-5570. Compensation for disability or
death.".
? 8.3. IMTIOFDAM4 OF LEAVB BY ALILsi
MAYBES FOLLOWLSO INJURY FROM
HOS7ILB ACTION ABROAD.
Section 6325 of title 5. United States Code.
is amended by adding at the end thereof the
A 4
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following: "The preceding provisions of this
section shall apply in the case of an alien
employee referred to In section 8301(2)(v111)
of this title with respect to any leave grant-
ed to such alien employee under section
0310 of this title or section 408 of the For-
eign Service Act of 1980.".
SEC. NIL TRANSITION PROVISION&
(a) SAYINGS FUND.?(1) Amounts May be
allotted to the savings -fund under subsec-
tion (b) of section 5589 of title 5, United
States Code (as added by section 802(a) of
this Act) from pay and allowances for any
pay period ending after January 21. 1981,
and before the establishment of such fund.
(2) Interest on amounts so allotted with
respect to any such pay period shall be cal-
culated as If the allotment had occurred at
the end of such pay period.
(b) MEDICAL AND HEALTH CARE; EDUCATION-
AL EXPENSLS.?Subsections (c) and (f) of
such section 5569 (as so added) shall be car-
ried out with respect to the period after
January 21. 1981, and before the effective
date of those subsections, under regulations
Prescribed by the President.
(C) DEFINITION.?For the purpose of this
subsection. "pay and allowances" has the
meaning provided under section 5561 of title
5. United States Code.
SEC. sas. BENEFITS FOR MEMBERS OF UNIFORMED
SERVICES WHO ARE VICTIMS OF HOS-
TILE ACTION.
(a) PAYKILNI1L?a) Chapter 10 of title 37,
United States Code, Is amended by adding
at the end thereof the following new sec-
tion:
"9 559. Benefits for members held u captives
"(a) In this section?
"(1) 'captive status means a missing
status of a member of the uniformed serv-
ices which, as determined by the President,
arises because of a hostile action and Is a
result of membership in the uniformed serv-
ices, but does not Include a period of captiv-
ity of a member an a prisoner of war if Con-
gress provides to such member. in an Act en-
acted after the date of the enactment of the
Victims of Terrorism Compensation Act,
monetary payment in respect of such period
of captivity; and
"(2) 'former captive' means a person who,
as a member of the uniformed services, was
held in a captive status.
"(b)(1) The Secretary of the Treasury
shall establish a savings fund to which the
-Secretary concerned may allot all or any
portion of the pay and allowances of any
member of the uniformed services who is in
a captive status to the extent that such Pay
and allowances are not subject to an allot-
ment under section 553 of this title or any
other provision of law.
-(2) Amounts so allotted shall bear inter-
est at a rate which, for any calendar quar-
ter. shall be equal to the average rate paid
on United States Treasury bills with three-
month maturities issued during the preced-
ing calendar quarter. Such interest shall be
computed quarterly.
"(3) Amounts in the savings fund credited
to a member shall be considered LB pay and
allowances for purposes of section 553(c) 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 a member is
indebted to the United States under section
552(c) of this title shall be deemed to be
part of the amount due under such section;
r.nd
"(B) any amount referred to in section
5513(f) of this title shall be deemed to be
part of such amount for purposes of such
section.
"(5) An allotment under this subsection
may be made without regard to section
553(c) of this title.
"(c)(1) Except as provided in paragraph
(3) of this subsection, the President shall
make a cash payment to any Person who is a
former captive. Such payhient shall be
made before the end of the one-year period
beginning on the date on which the captive
status of such person terminates.
"(2) The amount of such payment shall be
determined by the President under the pro-
visions of section 5589(dX 2) of title 5.
"(3 X A ) The President? I
"(i) may defer such payment in the case of
any former captive who during such one-
year period Is charged with in offense de-
scribed in clause (11) of this Subparagraph.
until final disposition of such 'charge: and
"(11) may deny such payment in the case
of any former captive who Is ,Pconvicted of a
captivity-related offense?
"(I) referred to in subsection (b) or (c) of
section 8312 of title 5; or I
"(II) under chapter 47 of title 10 (the Uni-
form Code of Military Justice) that Is pun-
ishable by dishonorable discherge, dismissal,
or confinement for one year or more.
"(B) For the purposes of Isubparagraph
(A) of this paragraph, a captivity-related of-
fense is an offense that is? I
"(1) committed by a person while the
person Is in s captive status; and
"(11) related to the captive Istatus of the
Person.
"(4) A payment under this subsection Is in
addition to any other amount provided by
law.
"(5) Any amount due a person under this
subsection shall, after the death of such
person, be deemed to be pay and allowances
for the purposes of this chapter.
"(8) Any payment made under paragraph
(1) of this subsection that t later denied
under paragraph (3XAXll) of this subsec-
tion is a claim of the United States Govern-
ment for purposes of section 3711 of title 31.
"(d) A determination by the President
under subsection (aX1) or (c) Of this section
is final and Is not subject to judicial
review.".
(2) The table of sections at the beginning
of such chapter is amended by adding at the
end thereof the following new item:
"559. Benefits for members held as cap-
tives.".
(3XAX1) Except as provided in clause OD.
section 559 of title 37, UnnedI States Code.
as added by paragraph (1), shall apply to
any person whose captive status begins after
January 21. 1981.
(11XI) Subsection (c) of such shall
apply
sha
apply to any person whose captive status
begins on or after November 4, 1079.
(II) In the case of any person1whose status
as a captive terminated before the date of
the enactment of this Act. the President
shall make a payment under paragraph (1)
of such subsection before the end of the
one-year period beginning on Such date.
(B) Amounts may be allotted to a savings
fund established under such Section from
pay and allowances for any! pay period
ending after January 21. 1981, and before
the establishment of such fund.'
(C) Interest on amounts so allotted with
respect to any such pay pertodIshall be cal-
culated as if the allotment had occurred at
the end of such Pay Period- I______
(b) DISABILITY AND Dann Bitnirrrs.?(1)
Chapter 5301 title 10, United States Code, is
amended by adding at the end' thereof the
following new section:
'11051. Disability and death compensation: de-
pendents of members held as captives
. "(a) The President shall prescribe regula-
tions under which the Secretary concerned
may Past compensation for the disability or
death of a dependent of a member of the
uniformed services If the President deter-
mines that the disability or death?
"(1) was caused by hostile action: and
"(2) was a result of the relationship of the
dependent to the member of the uniformed
services.
"(b) Any compensation otherwise payable
to a person under this section in connection
with any disability or death shall be reduced
by any amount payable to such person
under any other program funded in whole
or in part by the United States in connec-
tion with such disability or death, except
that nothing in this subsection shall result
In the reduction of any amount below zero.
"(c) A determination by the President
under subsection (a) is conclusive and is not
subject to judicial review.
"(d) In this section:
"(1) *Captive status' has the meaning
given that term in section 559 of title 37.
"(2) 'Dependent' has the meaning given
that term in section 551 of that title.
"(3) 'Secretary concerned' and 'uniformed
services' have the meanings given those
terms in section 101 Of that title.".
(2) The table of sections at the beginning
of such chapter is amended by adding at the
end thereof the following new item:
"1051. Disability and death compensation:
dependents of members held as
captives.".
(3) Section 1051 of title 10. United States
Code, as added by paragraph (1), shall apply
with respect to any disability or death re-
sulting from an injury that occurs after
September 30. 1985.
(c) MEDICAL BElturrs.?(1) Chapter 55 of
title 10. United States Code, is amended by
adding at the end thereof the following new
section:
"91095. Medical care members held as captives
and their dependents
"(a) Under regulations prescribed by the
President, the Secretary concerned shall
pay (by advancement or reimbursement)
any person who is a former captive, and any
dependent of that person or of a person who
is in a captive status, for health care and
other expenses related to such care, to the
extent that such care?
"(1) is incident to the captive status: and
"(2) is not covered?
"(A) by any other Government medical or
health program: or
"(B) by insurance.
"(b) In the case of any person who is eligi-
ble for medical care under section 1074 or
1076 of this title, such regulations shall re-
quire that, whenever practicable, such care
be provided in a facility of the uniformed
services.
"(c) In this section:
"(1) 'Captive status' and 'former captive'
have the meanings given those terms in sec-
tion 559 of title 37.
"(2) 'Dependent' has the meaning given
that term in section 551 of that title.".
(2) The table of sections at the beginning
of such chapter is amended by adding at the
end thereof the following new item:
"1095. Medical care: members held as cap-
tives and their dependents.".
(3)(A) Section 1095 of title 10. United
States Code, as added by paragraph ( 1 ),
shall apply with respect to any person
whose captive status begins after January
21. 1981.
(B) The President shall prescribe specific
regulations regarding the carrying out 01
such section with respect to persons whose
captive status begins during the period b4'-
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H 1260 CONGRESSIONAL RECORD ? HOUSE March 18, 1988
ginning on January 21, 1981, and ending on
the effective date of that section.
(I) EDUCATIONAL ASSISTARCE.?( I) Part III
of title 10, United States Code. is amended
by adding at the end thereof the following
new chapter
"CHAPTER 110?EDUCATIONAL ASSIST-
ANCE FOR MEMBERS HELD Al CAP-
TIVES AND THEIR DEPENDENTS
'Sec.
"2181. Definitions.
"2182. Educational assistance: dependents of
captives.
-2183. Educational assistance: former cap-
tives.
"2184. Termination of assistance.
-2185. Programs to be consistent with pro-
grams administered by the Vet-
erans Administration.
"5 2181. Definitions
In this chapter:
-(1) 'Captive status* and 'former captive'
have the meanings given those terms in sec-
tion 559 of title 37.
"(2) 'Dependent' has the meaning given
that term in section 551 of that title.
"8 2182. Educational assistance dependents of
captives
"(a) Under regulations prescribed by the
President, the Secretary concerned shall
pay (by advancement or reimbursement) a
dependent of a person who is in a captive
status for expenses incurred, while attend-
ing an educational or training institution,
for?
"( 1) subsistence:
"(2) tuition:
"(3) fees:
"(4) supplies:
"(5) bookie
"(6) equipment: and
"(7) other educational expenses.
"(b) Except as provided in section 2184 of
this title, payments shall be available under
this section for a dependent of a person who
is in a captive status for education or train-
ing that occurs?
"(1)after that person is in a captive status
for not less than 90 dam and
"(2) on or before?
"(A) the end of any semester or quarter
(as appropriate) that begins before the date
on which the captive status of that person
terminates;
"(B) the earlier of the end of any course
that began before such date or the end of
the 16-week period following that date if
the educational or training institutima is not
operated on a semester or quarter system;
or
"(C) a date specified by the Secretary con-
cerned in order to respond to special circum-
stances.
"(c) If a person in ? captive status or a
former captive dies and the death is inci-
dent to the captivity, payments shall be
available under this section for a dependent
of that person for education or training that
occurs after the date of the death of that
Person.
"(di The provisions of this section shall
not apply to any dependent who it eligible
for assistance under chapter 35 of title 38 or
similar assistance under any other provision
of law.
"0218:1. Educational assistance: former captives
"(a) In order to respond to special circum-
stances. the Secretary concerned may Pay
(by advancement or reimbursement) a
person who is a former captive for expenses
incurred, while attending an educational or
training institution. for?
"( 1) subsistence:
"(2) tuition:
'(3) fees:
"(4) supplies;
"(5) books;
"(6) equipment; and
"(7) other educational expenses.
"(b) Except as provided in section 2184 of
this title, payments shall be available under
this section for a person who is a former
captive for education or training that
occurs?
"(1) after the termination of the status of
that person as a captive; and
"(2) on or before?
"(A) the end of any semester or quarter
(as appropriate) that begins before the end
of the 10-year period beginning on the date
on which the status of that person as a cap
Live terminates; or
"(8)11 the educational or training institu-
tion is not operated on a semester or quar-
ter system, the earlier of the end of any
course that began before such date or. the
end of the 16-week period following that
date.
"(c) Payments shall be available under
this section only to the extent that such
payments are not otherwise authorized by
law.
"4 2184. Tentthiatiott ad assistance
"Assistance under this chapter?
"(1) shall be discontinued far any Person
whose conduct or progress Is Unsatisfactory
under standards consistent with those estab-
lished under section 1724 of title 38; and
"(2) may not be provided for any person
for more than 45 months (or the equivalent
In other than full-time education or train-
trig).
aw
"I 2188. Programs to be esiabentl with programs
administered by the Veterans' Adisainistration
"Regulations prescribed to =Ty out this
chapter shall provide that the programs
under this chapter shall be consistent with
the educational assistance programs under
chapters 35 and 36 of title 38.".I
(2) The table of chapters at the beginning
of subtitle A of such title, and the table of
chapters at the beginning of part III of such
subtitle, are amended by inserting atter the
item relating to chapter 109 the following
new item:
"110. Educational Assistance for
Members Held as Captives and
Their Dependents 2181".
(3) Chapter 110 of title 10, United States
Code, as added by paragraph (1), shall apply
with respect to persons whose captive status
begins after January 21, 1981. I
SEC. NS EFFINTIVE DATE OF ENTITLEMENT&
Provisions enacted by this title which pro-
vide new spending authority described in
section 401(cX2)(C) of the Congressional
Budget Act of 1974 shall not be effective
until October 1,1966.
TITLE IX?MARITIME SECURITY
SEC. NIL SHOW TITLE.
This title may be cited as the "Interna-
tional Maritime and Port Security Act",
SEC. NIL INTERNATIONAL MEASURES FOR SEA-
PORT AND SHIPRO.UtD SECUIUTY.
The Congress encourages the President to
continue to seek agreement through the
International Maritime Organization on
matters of international seaport and ship-
board security. In developing such agree'
merit, each member country of the Interna-
tional Maritime Organisation should con-
sult with appropriate private sector inter-
ests in that country. Such agreement would
establish seaport and vessel security stand-
ards and could include?
(1) seaport screening of care* and baggage
similar to that done at airports;
(2) security measures to restrict access to
eargo. vessels, and dockside property to au-
thorized personnel only:
(3) additional security on board vessels;
(4) licensing or certification of compliance
with appropriate security standards: and
(5) other appropriate measures to prevent
unlawful acts against passengers and crews
on board vessels.
SEC. 903. MEASURES TO PREVENT UNLAWFUL ACTS
AGAINST PASSENGERS AND CREWS ON
? BOARD SHIPS.
(a) Rzrorry ox PROGRESS or IMO.?The
Secretary of Transportation and the Secre-
tary of State. Jointly, shall report to the
Congress by December 31. 1988. on the
progress of the International Maritime Or-
ganization in developing recommendations
on Measures to Prevent Unlawful Acts
Against Passengers and Crews On Board
Ships. ?
(b) CONTENT or Rzrowr.?The report re-
quired by subsection (a) shall include the
following information?
(1) the specific areas of agreement and ?
disagreement on the recommendations
among the member nations of the Interna-
tional Maritime Organization:
(2) the activities of the Maritime Safety
Committee, the Facilitation Committee, and
the Legal Committee of the International
Maritime Organization in regard to the pro- .
posed recommendations: and
(3) the security measures specified in the
recommendations.
(c) Simms' MEASURES AT UNITED STATES
PORTS.-11 the member nations of the Inter-
national Maritime Organisation have not fi-
nalized and accepted the proposed recom-
mendations by December 31. 1988. the Sec-
retary of Transportation shall include in
the report required by this section proposed
legislation for the implementation of securi-
ty measures at United States ports and on
vessels operating from those porta based on
the assessment of threat from acts of terror-
ism reported by the Secretary of Transpor-
tation under section 905.
SEC. 901. PANAMA CANAL SECURITY.
Not later than 6 months after the date of
enactment of this Act, the President shall
report to the Congress on the status of
physical security at the Panama Canal with
respect to the threat of international terror-
SEC. 905. THREAT OF TERRORISM 'TO UNITED
STATES PORTS AND VESSELS.
Not later than December 31. 1986. and
semiannually thereafter. the Secretary of
Transportation shall report to the Congress
on the threat from acts of terrorism to
United States ports and vessels operating
from those ports.
SEC. PM. PORT. HARBOR. AND COASTAL FACILITY
SECURITY.
The Ports and Waterways Safety Act of
1972 (33 U.S.C. 1221 et seq.) is amended by
inserting after section 6 the following new
section:
"Szc. 7. PORT, HARBOR, AND COASTAL FACIL-
ITY SECURITY.
"(a) GENERAL Airromury.?The Secretary
is authorized to take the actions described
In subsection (b) in order to help prevent
and respond to acts of terrorism against?
"(1) vessels and public or commercial wa-
terfront facilities that are located on or
near the navigable waters of the United
States. and
"(2) vessels and facilities located on the
outer Continental Shelf (as defined in sec-
tion 2(a) of the Outer Continental Shelf
Lands Act).
"(b) SPECIFIC Airrttostry.?In order to
carry out this section. the Secretary is au-
thorised?
"(1) to obtain, analyze, and coordinate the
use of information concerning actual or p0-
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CONGRESSIONAL RECORD ? HOUSE
March 18, 1986
tential terrorist threats to the vessels and
facilities referred to in subsection (a):
"(2) to recruit idditional members of the
Regular Coast Guard and the Coast Guard
Reserve, and to train members of the Regu-
lar Coast Guard and the Coast Guard Re-
serve in the techniques of preventing and
responding to acts of terrorism against such
vessels and facilities:
-(3) to use members of the Regular Coast
Guard and the Coast Guard Reserve to
carry out other activities authorized by law
to be carried out by the Secretary, including
inspections. port and harbor patrols, and
the establishment of security and safety
zones, for the purpose of preventing acts of
terrorism against such vessels and facilities:
"(4) to purchase equipment for use by the
Coast Guard, except that not more than 20
percent of any amounts appropriated to
carry .out this section may be used for pur-
poses of this paragraph: and
-(5) to develop plans and procedures to re-
spond to acts of terrorism against such ves-
sels and facilities.
"(c) AUTHORIZATION OF APPROPRIATIONS.?
There are authorized to be appropriated
S125.000.000. to be available until expended.
to carry out this section and to conduct the
assessments required by sections 905 and
907 of the Omnibus Diplomatic Secdrity
and Anti-Terrorism Act of 1986.".
SEC. 907. SECURITY STANDARDS AT FOREIGN
PORTS. ?
(a) ASSESSMENT or SECURITY MEASURES.?
The Secretary of Transportation shall de-
velop and implement a plan to assess the ef-
fectiveness of the security measures main-
tained at those foreign ports which the Sec-
retary, In consultation with the Secretary of
State, determines pose a high risk of acts of
terrorism directed against passenger vessels.
(b) CONSULTATION WITH THE SECRETARY OF
STATE.?In carrying out subsection (a). the
Secretary of Transportation shall consult
the Secretary of State with respect to the
terrorist threat which exists in each coun-
try. The Secretary of Transportation, in
consultation with the Secretary of State,
shall determine which foreign ports are not
under the de facto control of the govern-
ment of the country in which they are locat-
ed and pose a high risk of acts of terrorism
directed against passenger vessels.
(c) REPORT OF ASSESSAILENTS.?Not later
than 6 months after the date of enactment
of this Act, the Secretary of Transportation
shall report to the Congress on the plan de-
veloped pursuant to subsection (a) and how
the Secretary will implement the plan.
(d) DETERMINATION AND Narincanost TO
FOREIGN COUNTIty.?If, after implementing
the plan in accordance with subsection (a).
the Secretary of Transportation determines
that a port does not maintain and adminis-
ter effective security measures. the Secre-
tary of State (after being informed by the
Secretary of Transportation) shall notify
the appropriate government authorities of
the country in which the port is located of
such determination, and shall recommend
the steps necessary to bring the security
measures in use at that port up to the
standard used by the Secretary of Transpor-
tation in making such assessment.
le) ANTI-TERRORISM ASSISTANCE RELATED
TO MARITIME SECURITY.?The President is
encouraged to provide anti-terrorism assist-
ance related to maritime security under
chapter 8 of part II of the Foreign Assist-
ance Act of 1.981 to foreign countries, espe-
cially with respect to a port which the Sec-
retary of Transportation determines under
subsection (d) does not maintain and admin-
ister effective security measures.
SEC. 1018. TRAVEL ariVisOitigs COWER-SING SE(T.
RITY AT FOREIGN RATS.
(a) TRAVEL ADVISORT.?I./p01/.1 being noti-
fied by the Secretary of Transportation
that the Secretary has determined that a
condition exists that threatens; the safety or
security of passengers, passenger vessels, or
crew traveling to or from a I foreign port
which the Secretary of Transportation has
determined pursuant to section 907(d) to be
a port which does not maintain and admin-
ister effective security measures. the Secre-
tary of State shall inunediately issue a
travel advisory with respect to that port.
Any travel advisory issued pursuant to this
subsection shall be published in the Federal
Register. The Secretary of State shall take
the necessary steps to widely publicize that
travel advisory.
(b) LIIITING Or TRAVEL ADVISORY.?The
travel advisory required to be !issued under
subsection (a) may be lifted only if the Sec-
retary of Transportation. In Iconsultation
with the Secretary of State. has determined
that effective security measures are main-
tained and administered at the Iport with re-
spect to which the Secretary of Transporta-
tion had made the determination described
In section 907(d). I _ (c) NOTT/ICATION TO CoNGREsS.?TheCon-
gress shall be notified if any travel advisory
imposed pursuant to this section is lifted.
SEC, 909. SUSPENSION OF PASSENGER mitvICEs.
(a) PRESIDENT'S DmeitisimaTiow.?When-
ever, the President determines that a foreign
nation permits the use of territory under its
Jurisdiction as a base of operations or train-
ing for, or as a sanctuary for, Or in any way
arms, aids, or abets, any terrorist organisa-
tion which knowingly uses the illegal sei-
zure of passenger vessels or the threat
thereof as an instrument of policy, the
President may. without notice or hearing
and for as long as the President determines
necessary to assure the security of passen-
ger vessels against unlawful setiure, suspend
the right of any passenger vessel common
carrier to operate to and from, and the right
of any passenger vessel of the United States
to utilize, any port in that foreign nation for
passenger service.
(b) PROHIBMON.?It shall be unlawful for
any passenger vessel conuton airier, or any
passenger vessel of the United States, to op-
erate in violation of the suspension of rights
by the President under this section.
SEC. 910. CRIMINAL SANCTIONS FORITHE SEIZURE
OF VESSELS BY TERRORISTS.
The Congress encourages the President?
(1) to review the adequacy of domestic and
international criminal sanctions against ter-
rorists who seize or attempt to seize vessels;
and
(2) to strenghten where necessary,
through bilateral and multilateral efforts,
the effectiveness of such sanctioba.
Not later than one year after the date of en-
actment of this Act. the President shall
submit a report to the Congress which in-
cludes the review of such sanctions and the
efforts to improve such sanctions,
SEC. 911. DEFINITIONS.
For purposes of this title?
(1) the term "common carrier" has the
same meaning given such term in section
3(6) of the Shipping Act of 1984 (46
App. 1702(6)): and
(2) the terms "passenger vessel" and
"vessel of the United States" have the same
meaning given such terms in section 2101 of
title 48. United States Code,
TITLE X?FASCELL FELLOWSHIP
? PROGRAM
SEC. MI. SHORT TM&
. This tiUe may be cited as the Fascell Fel-
lowship Act".
H1261
SEC. 1002.. FELLOWSHIP PROGRAM FT* TEMPO.
RARY SERVICE AT UNITED STATE
MISSIONS IN THE SOVIET UNION AND
EASTERN EUROPE.
(RI ESTABLISHMENT?There is hereby es-
tablished a fellowship program pursuant to
which the Secretary of State will provide
fellowships to United States citizens while
they serve, for a period of between one and
two years, in positions formerly held by for-
eign national employees at United States
diplomatic or consular missions in the
Soviet Union or Eastern European coun-
tries.
(b) DESIGNATION OF FELLOWSHIPS.--Fellow-
ships under this title shall be known- as
"Fascell Fellowships".
(c) PURPOSE or THE FELLowsiiirs.?Fellow?
ships under this title shall be provided in
order to allow the recipient (hereafter in
this title referred to as a "Fellow") to serve
on a short-term basis at a United States dip-
lomatic or consular mission in the Soviet
Union or an Eastern European country in
order to obtain first hand exposure to that
country, Including (as appropriate) inde-
pendent study In Soviet or Eastern Europe-
an area studies or languages.
(d) INDIVIDUALS WHO Ma y RzczzvE A FEL?
LOwSHIP.?To receive a fellowship under
this title, an individual must be a United
States citizen who is an undergraduate or
graduate student, a teacher, scholar, or
other academic, or an other individual, who
has expertise in Soviet or Eastern European
area studies or languages and who has a
working knowledge of the principal lan-
guage of the country in which he or she
would serve.
(e) WOMEN AND MmEssas or MINORITY
GROUPS.?In carrying out this section. the
Secretary of State shall actively recruit
women and members of minority groups.
SEC. UM. FELLOWSHIP BOARD.
(a) ESTABLISHMENT A140 FintorioN.?There
,is hereby established a Fellowship Board
(hereafter in this title referred to as the
"Board"), which shall select the individuals
who will be eligible to serve as Fellows.
(b) aisanomssne.?The Board shall consist
of 9 members as follows
(1) A senior official of the Department of
State (who shall be the chair of the Board).
designated by the Secretary of State.
(3) An officer or employee of the Depart-
ment of Commerce, designated by the Sec-
retary of Commerce.
(3) An officer or employee of the United
States Information Agency, designated by
the Director of that Agency.
(4) Six academic specialists in Soviet or
Eastern European area studies or languages,
appointed by the Secretary of State (in con-
sultation with the chairman and ranking
minority member of the Committee on For-
eign Affairs of the House of Representatives
and the chairman and ranking minority of
the Committee on Foreign Relations of the
Senate).
(c) MuTENos.?The Board shall meet at
least once each year to select the individuals
who will be eligible to serve as Fellows.
(d) COMPENSATION AND Pm Maw?Mem-
bers of the Board shall receive no compen-
sation on account of their service on the
Board, but while away from their homes or
regular places of business in the perforrn?
ance of their duties under this title. may be
allowed travel expenses, including per diem
in lieu of subsistence. in the same manner as
persons employed intermittently in the
Government service are allowed expenses
under section 5703 of title 5 of the United
States Code.
SEC. left FELLOWSHIPS.
(a) NumaRR.?Up to 100 fellowships may
be provided under this title each year.
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(b) REMUNERATION AND PERIOD.?The
Board shall determine, taking into consider-
ation the position in which each Fellow will
serve and his or her experience and exper-
tise?
(1) the amount of remuneration the
Fellow will receive for his or hat service
under this title. and
(2) the period of the fellowship, which
shall be between one and two years.
(c) TRAINING.?Each Fellow may be given
appropriate training at the Foreign Service
Institute or other appropriate institution.
(d) Hot:Istria AND TRANSFoRTATiON.?The
Secretary of State shall, pursuant to regula-
tions?
(1) provide housing for each Fellow while
the Fellow is serving abroad, including
(where appropriate) housing for family
members; and
(2) pay the costs and expenses incurred by
each Fellow in traveling between the United
States and the country in which-the Fellow
serves, including (where appropriate) travel
for family members.
(e) &naive DATE?Subsection (d) of this
section shall not take effect until October 1.
1986.
SEC. 1005. SECRETARY OP STATE.
(a) DITERHaNATtONS.?The Secretary of
State shall determine which of the individ-
uals selected by the Board will serve at each
United States diplomatic or consular mis-
sion in the Soviet Union or Eastern Europe
and the position in which each will serve.
(b) Atintoamits.?Such service shall be in
accordance with the relevant authorities of
the Foreign Service Act of 1980. the State
Department Basic Authorities Act of 1956,
and title 5 of the United States Code.
(c) FuNnixo.?Funds appropriated to the
Department of State for "Salaries and Ex-
penses" shall be used for the expenses in-
curred in carrying out this title.
TITLE XI?SECURITY AT MILITARY
BASES ABROAD
SEC. Il01. FINDINGS.
The Congress finds that?
(1) there is evidence that terrorists consid-
er bases and installations of United States.
Armed Forces outside the United States to
be targets for attack;
(2) while considerable attention has been
given to the protection of military materiel
positioned outside the United States, less at-
tention has been given to the protection of
members of the Armed Forces, and mem-
bers of their families, stationed outside the
United States; and
(3) current programa to educate members
of the Armed Forces, and members of their
families, stationed outside of the United
States to the threats of terrorist activity
and how to protect themselves should be
substantially expanded.
SEC. Inn. RECOMMENDED ACTIONS BY THE SECRP.
TARY OP DEFENSE.
It is the sense of the Congress that?
(1) the Secretary of Defense should review
the security of each base and installation of
the Department of Defense outside the
United States, including the family housing
and support activities of each such base oP
installation, and take the steps the Secre-
tary considers necessary to improve the se-
curity of such bases and installations: and
(2) the Secretary of Defense should insti-
tute a program of training for members of
the Armed Forces, and for members of their
families, stationed outside the United States
concerning security and antiterrorism.
SEC. lint REPORT TO THE CONGRESS.
No later than March 31. 1987. the Secre-
tary of Defense shall report to the Congress
on any actions taken by the Secretary de-
scribed in section 1102.
AMENDMENT OFFERED BY MR. MC CAIN
Mr. McCAIN. Mr. Chairman, I offer
The Clerk read as folio's:
Amendment offered by Mr. McCAIN: In
section 5589(dX2) of title 5 of the United
States Code (as proposed to be enacted by
section 802(a) of the amendment?
(1) strike out "captive?" and all that fol-
lows through "(B) shall" and insert in lieu
thereof "captive shall";
(2) strike out "CD" and "(if)" and insert in
lieu thereof "(A)" and "(Br, respectively;
and
(3) reset the margins of subparagraphs
(A) and (B), as so redesignated, on a 2-em in-
dention.
an amendment.
Mr. McCAIN (during the reading).
Mr. Chairman, I ask unanimous con-
sent that the amendment be consid-
ered as read and printed in the
The CHAIRMAN. Is there objection
RECORD.
to the request of the gentleman from
Arizona?
There was no objection.I
Mr. McCAIN. Mr. Cl airman,, this
amendment is quite simple. I have dis-
cussed it with the subconimittee chair-
man, the gentleman from Florida (Mr.
Mim), and I hope that we can dis-
pense with it very rapidly:
As you know, the legislation before
us provides a number of benefits to
former captives, hostagei and POW's.
Amongst these is a cash I payment on
top of salary, medical expenses and
educational benefits.
My amendment strikes the lines
which follow Presidential discretion in
making this payment for "taking into
account the treatment received by
such individuals while in captivity and
any other factor which the President
considers appropriate." I
I would like to quote, Mr. Chairman,
from the Legislative History of Public
Law 91-289. War Claims?Vietnam
Conflict?Prisoners. This is the Senate
report of May 20, 1970.
0 1755
I quote:
The committee recognizes that the
amounts provided by the bill for members
of the Armed Forces and for civilian Ameri-
can citizens held captive are inadequate
compensation for the hardships they have
suffered; however, since in general no mo-
mentary payment can actually be adequate
compensation, the committee feels that the
payments provided in the bill serve as a
symbolic gesture on the part of the United
States expressing recognition of the hard-
ships suffered by the beneficiaries in keep-
ing with the procedure established under
the World War II and Korean conflict
claims program.
I think it is important, Mr. Chair-
man, to remember that this payment
Is purely symbolic. The Federal Gov-
ernment has already taken care of any
or all medical, psychological expenses
related to a person's captivity.
In September, 1981, the President's
Commission on Hostage Compensation
issued their final report on the Iranian
hostage crisis. Mr. James S. Dwight.
Jr., served as chairman of this body.
Other members included Patricia Rob-
Mirth 18, 1986
erts Harris, Cyrus Vance, former Sena-
tor Henry Bellmon, our former col-
league Robert Giaimo and others.
I would like to quote from their
report:
The Commission considered the possibili-
ty of attempting to adjust benefits to reflect
the relative degree of trauma and suffering
endured by the various hostages but was
unable to find a reliable formula for meas-
uring what was a subjective experience for
each one. Furthermore. the Commission
noted the request of the hostages them-
selves, as expressed by the Family Liaison
Action Group (FLAG), that all of the hos-
tages be treated alike. The Commission con-
cluded that the most acceptable methods,
and one which had previously been used in
the War Claims Act, would be to recom-
mend a retention benefit for each hostage
based on the number of days spent in cap-
tivity or hiding to avoid capture.
It is not possible for anyone in
Washington, I believe. Mr. Chairman,
to fairly Judge the harshness of treat-
ment a captive receives at the hands of
a captor. Equally rough physical treat-
ment might be easily accepted by a 19-
year-old Marine, yet be a terrible
burden to a 55-year-old CIA operative.
On the other band. the CIA agent
might have an easier time accepting
psychological abuse.
I believe this language is based on
unreliable, subjective judgment and
has no place in this bill, and should
therefore be deleted. and I urge adop-
tion of my amendment.
Mr. MICA. Will the gentleman
yield?
Mr. McCAIN. I yield to the gentle-
man.
Mr. MICA. I would say that on
behalf of the Committee on Foreign
Affairs, we understand the gentle-
man's sincere concern, and that we
have no objection to this language.
Ms. SNOWE. Will the gentleman
yield?
Mr. McCAIN. I yield to the gentle-
woman.
Ms. SNOWE. I Just want to thank
the gentleman for raising what is a
very important and valid issue. His
amendment is a constructive one, and
I, too, would urge its adoption.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Arizona [Mr. McCAIN].
The amendment was agreed to.
AMENDMENT OFFERED BY MR. Mc CAIN
Mr. McCAIN. Mr. Chairman, I offer
an amendment.
The Clerk read as follows:
Amendment offered by. Mr. McCstri: In
section 5589(d) of title 5 of the United
States Code (as proposed to be enacted oy
section 802(a) of the amendment), strike out
paragraph (2) and insert in lieu thereof the
following:
"(2)(A) A payment under this subsection
shall be in the amount of $20 Os adjusted
under subparagraph (B)) for each day for
which such individual was held as a capth:e.
"(B) The amount referred to in subpara-
graph (A) shall be adjusted by the President
as of January 1. 1987. and at intervals of
one year thereafter to reflect changes in the
consumer price index (prepared by the
Burgu aLabor Statistics. Department of
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Labor) for the period beginning on the date
of the enactment of this section and ending
on the day before the date of the adjust-
ment.
Mr. McCAIN (during the reading).
Mr. Chairman I ask unanimous con-
sent that the amendment be consid-
ered as read and printed in the
Recortn.
The CHAIRMAN. Is there.objection
to the request of the gentleman from
Arizona?
There was no objection.
Mr. McCAIN. Mr. Chairman. I am
afraid this amendment will not be
quite as easy as the last.
My second amendment sets a new
base rate of cash compensation for
former captives. Let me briefly review
for the committee what this title of
the bill already does:
It establishes an interest-bearing
savings fund to benefit individuals
held captive;
It provides health benefits to cap-
tives and family members for all medi-
cal care that is related to the captivity
and is not covered by an existing
health policy;
It permits courts to defer any legal
actions against captives during their
Period of captivity, if their enforced
absence would be prejudicial to their
case;
It provides educational benefits to
the spouse and children of captives
It authorizes the United States to
pay compensation for the death or dis-
ability of employees and family mem-
bers;
It authorizes up to 1 year leave with
pay for foreign service nationals,
which is now available to FS0s, for re-
cuperation from injuries resulting
from terrorist east and
In addition, it requires the President
to make the forementioned cash pay-
ment to former captives based on the
worldwide average per diem rate
during their captivity.
Compensation for POWs and intern-
ees were first set up by the War
Claims Act of 1948, found in sections
2004 and 2005 of title 50 of the United
States Code. World War U internees.
Mr. Chairman, were compensated at a
rate of $80 a month; $2 a day. POWs
received $1 a day for inadequate food;
"for each day he was held POW on
which the enemy government or -its
agents failed to Provide him such
quantity or quality of food" as defined
by the Oeneva Convention, and $1.50 a
day for confinement.
Korean internees and POW's were
compensated at an identical rate. Per-
sonnel assigned to the Pueblo were
compensated at the same rate; $1.50
for confinement and $1 for food each
day. Those held as POW's in Vietnam
were compensated $2 a day for food
and $3 a day for confinement. Intern-
ees got $150 a month: the same
amount as POW's.
Therefore, it is beyond me to under-
stand the reasoning behind a per diem
payment to hostages or captives. The
Federal Government currently reim-
burses Federal employees on a per
diem basis to cover costs while travel-
ing abroad. That is the purpose of per
diem; to cover costs while traveling
abroad.
These public servants use this pay-
ment to cover living expenses such as
hotel rooms and meals. I fail to see the
connection to a hostage or a captive
situation between per dieln payments.
The per diem payment, I to a large
degree, is revised on a periodic basis
which has a great deal to 'do with the
strength of the dollar. So vie are now.
tying payments for people being held
captive or hostage to the strength of
the dollar. ? '
The per diem concept Is not based
on past compensation rates, nor does
It take Into consideration I the recom-
mendations of the President's Com-
mission on Hostage Compensation. I
want to point out here, Mr: Chairman,
that in 1980, after the return of the
Iranian hostages, a corrunission was
appointed of some of the brightest
minds in this country, and some of the
most experienced ones.
Among them are Cyrus Vance.
former Secretary of State. Patricia
Roberts Harris. Senator Henry Bell-
mon. former Senator from Oklahoma
and our own former colleague, Robert
Giaimo. Their conclusions were far
different from that arrived at in this
legislation.
In fact. I would say dramatically so.
I quote:
The Commission felt it proper to recom-
mend that the President suggest to the Con-
gress a further upward adjustment In this
figure to 1112.50 per day to take ;Into account
the impact of inflation since 19/0:
My amendment seta thia figure at
$20 a day, which I believe is: more than
generous and exceeds that Of the infla-
tion rate since 1980 when the hostages
were returned.
We are not discussing here salary or
wages. Government employees and
military will continue to receive their
full pay and benefits during captivity.
We are not discussing reimbursement
for medical expenses; past, Present, or
future. This Is taken care of elsewhere
in the title. We are not disci:not= high
costs of college, that Is covered. too.
We are talking about a cash payment
on top of all the others that I men-
tioned earlier.
Let me again quote from the Com-
mission's report:
(By unanimous consent, kr. mccArN
was allowed to proceed for 3 additional
minutes.)
The Commission regards this suggested
detention benefit as a recognition of the
hardships suffered by the hostages In the
service of their country. It doer; not repre-
sent a finding as to the extent of their suf-
ferings and it is not Intended to 'compensate
the hostages for their Injuries, As was the
case with prisoners of war and internees,
any cause of action would lie against the
persons or nations which perpetrated the
injury and the United States is not, by
making an award, purporting to act for or
stand as a surrogate for the pensorts whose
tortious actions injured the hostages.
Finally, I would like to read from a
letter I received last fall from a for-
eign service officer who was detained
during the Vietnam war by the North
Vietnamese. and I quote:
This man says: "Yet it Is being suggested
in some circles that the average world-wide
Per diem ? ? ? be paid to former Iran hos-
tages. If such an amount is actually ap-
proved. it would make a joke of the awards
we received after undergoing far greater
trauma and damage to careers." lie goes on
to say "It would be monstrous to make
beneficiaries of those who were in difficult
straits for 400-odd days, yet continue to
deny special benefits to those incarcerated
five times as long in heart-of-darkness set.
tines."
If we do approve this fiscally Irresponsible
per diem formula will we make it retroactive
to cover those incarcerated during past con-
flicts? Would it be fair if we did not?
My amendment is based on histori-
cal and legal precedents. based on the
conclusions arrived at by a Presiden-
tially appointed commission of some
of the best talent in this country.
(By unanimous consent, Mr. Meehan
was allowed to proceed for 1 additional
minute.)
? Mr. McCAIN. I would like to point
out something I think has been lost in
this debate. I think it is important,
and I have not heard it raised yet.
Why do young men and women join
the service of our country, whether
they happen to be in the military or
the foreign service? They join because
of patriotism and dedication. They do
not join for monetary compensation.
I think it is important, Mr. Chair-
man, for us to reward those who un-
derwent hardship.
0 1805
But I do not believe that monetary
compensation to this degree is in any
way the kind of compensation that
they would expect nor do I believe
that this kind of compensation is suit-
able and fitting and in keeping with
past precedent of those men and
women who have served with honor
and sacrifice in previous wars.
Mrs. SCHROEDER. Mr. Chairman.
I move to strike the requisite number
of words. and I rise in opposition to
the gentleman's amendment.
(Mrs. SCHROEDER asked and was
given permission to revise and extend
her remarks.)
Mrs. SCHROEDER. I think there
are several different things we need to
point out here. First of all this has
been a very difficult subject and it has
been going on, the debate, for 6 years
as to what to do about this. But my
subcommittee received hours and
hours and hours of testimony on this
issue. I think what we are missing is
there are all sorts of ancillary ex-
penses that are not covered. What this
really goes to is the victims, the other
victims, and that is the family, or to
many of the inconveniences that tran-
spired and so forth. There is absolute-
ly no question that it does not come
anywhere near close to compensating
the person who is being held. I mean
0
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this is not like a windfall. I cannot
think of anybody in the world who
would like to be a hostage for $66 a
day because of the money they were
going to make on this. They Just
would not.
What we are trying to say is .we had
testimony that the families had tre-
mendous number of phone calls, the
phone bills went clear off the wall:
children being very distressed, lots of
extra trips that they took to see
grandparents, or finding a root or
finding anything that could stabilize;
things that are really difficult to put
In there.
Now we also had one of the first hos-
tages who was ever taken by terrorists
testify and he was very interesting. He
was with the State Department. He
had a diplomatic passport and he was
on one of the first planes that got hi-
jacked. So he went over and when
they were hijacked he pulled out his
diplomatic passport and he said. "I'm
a United States diplomat and I must
negotiate for all these people and you
cannot talk to any of them unless I am
there, if they are from the United
States."
I am not sure that anybody would
volunteer to do that today because we
have learned a little more. Even he
said in retrospect it was incredible
that he was not shot. But he pointed
out how many days after all of this
that he was held. He was singled out
and held for a very long time because
they found him to be a real pain in
that he was protecting so many of the
hostages, many of whom were Ameri-
cans of the Jewish faith and this was
one of those areas where it was a very
sensitive affair and he did an excellent
job in protecting them. Nobody ques-
tioned that.
But he was very angry because when
It was all over he had Just submitted--
he could not figure out what to do be-
cause he had lots of expenses, could
not figure out what he could do so he
said he would just submit a per diem
bill thinking that was fair. At least
that was close to what anybody else
would be paying. Of course it got
turned down. Now I understand and it
Is very painful because in the past we
have not paid prisoners of war very
much money and in here in the bill if
the military opts to continue on with
POW benefits being something else
they certainly can pass it and we yield
to them by the language in this bill.
But I am not too sure we should not
really stop and think about this. When
you look at the private sector they do
not treat it as something that you do
not pay for. They treat it as some-
thing where they are putting the
People that serve them on the line.
they are putting them out there, they
understand that they are targets and
they understand that you keep the
morale high if you show the respect
and say, "We are going to at least try
and cover out-of-pocket."
We do not know what everybody's
out-of-pocket is going to be. they are
are all going to be different. We had
all sorts of debates in our committee
as to what was appropriate. One was
about twice what we are talking about
here; other people offered amend-
ments with more. We went round and
round and round and round. But we fi-
nally came back and decided that the
per diem made an incredible amount
of sense because the Federal Govern-
ment pays everybody per , diem when
they are representing the Government
somewhere. They pay them that
whether they stay with their uncle, I
suppose, or whether they stay in a
$10-a-night hotel or whether they stay
at a $200.a-night hotel, that is kind of
their option, the per diem is there. So
if you were there and representing
your Government and you were not al-
lowed to ever come home 'again, does
that not make sense to make that that
Is one thing that you could at least
lock in as being fair? I think you could
make a good argument that that is not
fair, that they should be given much
more. But we are not trying to do that.
We are not trying to do the pain and
suffering or the negligence or any of
the other things that you , get into in
liability. We are just trying to cover it.
Every single family of every single
hostage that we talked to ran other
costs that were different. So I do not
know how you would ever quantify
them. Plus, as I say, it is also a time
when they probably needed much
more in the line of entertainment ex-
penses and lots of other I things be-
cause of the stress they were under.
So we decided this was fair. We de-
cided this was the way to go and the
military can get out if they want to. I
certainly hope people turn down this
amendment.
Ms. SNOWE. Mr. Chairman, I move
to strike the requisite number of
words, and I rise in opposition to the
amendment.
Mr. Chairman and members of the
committee, I am opposed to this
amendment, although reluetantly, be-
cause I have high regard and respect
for the gentleman from AriZona. Yet I
am pleased that he has raised this
Issue today because it is a' legitimate
Issue that needs to be discussed and
should be decided based on:the collec-
tive wisdom and judgment of the
House of Representatives.
The provisions in the legislation pro-
vide for retroactive compensation to
the Iranian hostages, who have yet to
be compensated. The question is what
compensation do we provide to former
hostages and potential hostages? De-
ciding that level of compensation was
the most difficult issue the 'committee
had to address in developing the Vic-
tims of Terrorism Compensation Act.
Frankly, any amount of 'compensa-
tion or appropriate standard for deter-
mining such compensation is at best
an arbitrary judgment. ,
We all recognize that no amount of
money can adequately compensate for
such an ordeal. But we, as a country,
have an obligation to pay some form
of restitution to reflect in some small
way the hardships that they endured.
So I believe that this is a question that
needs to be addressed by the House
here today. It is a judgment that has
to be made by each and every Member.
Do we provide a higher amount or a
lesser amount? To make that decision
I think it is essential to provide some
additional background on how we ar-
rived at the figure incorporated in this
legislation.
Back in 1981 the Presidential Com-
mission on Hostage Compensation rec-
ommended $12.50 per day. That was
based on taking the $7 provided to the
POW's in Vietnam, adjusting it for in-
flation. Then the Post Office and Civil
Service Committee recommended a
figure that was higher. They recom-
mended a higher level because of frus-
tration over the long delays in provid-
ing compensation to the Iranian hos-
tages. They recommended a lump-sum
compensation of $50,000 that would
translate into $115 per day. So the
Subcommittee on International Oper-
ations decided that. instead, we would
take the average worldwide per diem
which would today yield $88 per day.
The gentleman from Arizona is now
recommending the Presidential Com-
mission's recommendations of $12.50,
adjusting it for inflation, and that
would provide $20 per day for the Ira-
nian hostages. I would remind the
members of the committee that it has
been 5 long years since that crisis
ended and this compensation is long
overdue.
I personally advocate a higher
amount. If we were to maintain the
subcommittee's recommendation of a
lump-sum compensation of $29,000 or
$66 a day I believe that it represents a
fair compensation under the circum-
stances. So I would ask the members
of the committee to think about the
Issues and the alternatives before this
body. It is a personal judgment. It is a
decision that has to be made by each
and every Member. We made our deci-
sion as a committee. Now it is up to
the House to decide whether or not we
want the higher amount proposed by
the committee or the lesser amount
recommended by the gentleman from
Arizona.
Mrs. SCHROEDER. Mr. Chairman.
will the gentlewoman yield?
Ms. SNOWE. I would be glad to yield
to the gentlewoman from Colorado.
Mrs. SCHROEDER. I thank the
gentlewoman for yielding.
I think she has done an excellent job
of explaining this?I think one more
thing that I forgot to mention is we
have to point out that under the Al-
giers agreement these people cannot
sue, whether they are paid or not paid.
I think that is a very important thing
that we need to underline, put some
exclamation points around it and ev-
erything, that people who work for
the Government cannot sue because of
their being held hostage after the Al-
, ig-?
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giers agreement, and I think that puts
us at a higher level of responsibility.
Ms. SNOWE. The gentlewoman
from Colorado raises an excellent
point in that respect, and something
that we have failed to recognize.
Mr. McCAIN. Mr. Chairman, will the
gentlewoman yield?
Ms. SNOWE. I would be glad to yield
to the gentleman from Arizona.
Mr. McCAIN. I thank the gentle-
woman for yielding.
In the context of the previous point
raised I point out that no one who was
held POW at any time can sue for any-
thing, either. So I am not sure. That
not only does not separate them, it
puts them in the same group as the
entire people, who have suffered the
same amount or, bases it on a more
fair basis. I do not think the fact that
they cannot sue anybody has anything
to do which would differentiate them
from any other POW or hostage.
Ms. SNOWE. I thank the gentleman
for his contribution.
Mr. STUDDS. Mr. Chairman. I move
to strike the requisite number of
words.
(Mr. STUDDS asked and was given
permission to revise and extend his re-
marks.)
Mr. STUDDS. Mr. Chairman. I rise
in strong support of this bill.
I do so however, with one reserva-
tion. Members should not, having ap-
proved this bill, conclude that the
challenge of responding to interna-
tional terrorism has been met. The
brick and mortar approach to combat-
ing terrorism?which is essentially the
approach taken by this bill? is justi-
fied: it is needed; but it is not all that
we have to do.
Fighting terrorism is not simply a
matter of constructing walls between
our diplomats and the people of for-
eign lands. The greater portion of our
energies must be directed, instead,
toward breaking down the walls of
misunderstanding and fear that exist
between ourselves and those whose re-
ligion, culture, and lifestyle differ dra-
matically from our own.
We must remember that terrorism is
nourished by hate: and hate by igno-
rance. Those who encourage terrorism
are strengthened when?out of com-
placency, self-satisfaction, or simple
laziness?we ignore the needs or fail to
acknowledge the legitimate rights of
those in other lands.
We ought never for an instant to
forget that we live in a world that re-
mains, on the whole, desperately poor.
To the majority, the American life-
? style is alien. and American ideals dif-
ficult to comprehend; ignorance, in
this sense, is a two way street. But be-
cause of our wealth, our power, and
our pretentions to world leadership.
we have a special responsibility to
break down the walls that separate
the peoples of the world: it is our job
to take the initiative in this effort, and
it is in our interests, because terrorism
will not prosper where hatred and mis-
understanding have ceased.
I make this argument in the context
of this debate. because I believe we
need a reminder from time to time of
what our real goals in foreign policy
should be. It may be that in recent
years we have devoted to much time
to the application of ideological litmus
tests to foreign groups and leaders; we
may have placed too mulch emphasis
on military as opposed to; humanitari-
an and economic aid; we may be trying
too hard to remake the world in the
Image of ourselves; and we may have
begun to fear others once', again solely
because they view the world different-
ly, not because they threaten our in-
terests or our lives.
Our response to terrorism, then,
must go beyond the construction of
secure embassies, or the convening of
international conferencesl or the de-
nunciation of violence directed against
ourselves or our allies andIfriends. The
legislation we are considering today
can supplement, but it cannot render
unnecessary, other efforts, required to
respond both to the symptoms and the
causes of international terrorism.
With this reservation in mind. I
want to express my admiration for the
chairman of the Committee on For-
eign Affairs. Mr. FASCELL, for his work
in developing this legislation. I would
note that title 9 of the piu, dealing
with maritime security, was developed
with the close cooperation 'of the Com-
mittee on Merchant Marine and Fish-
eries. That title contains and impor-
tant provision. section 908, that I of-
fered during committee consideration
of the bill.
This section authorized! the Secre-
tary of Transportation to take certain
actions to improve port security and
safety in the United States. A total of
$125 million would be authorized.
without fiscal year limitation, primari-
ly for activities to be carried out by
the U.S. Coast Guard.
I call special attention to this section
because it is one of the provisions that
makes a concrete commitment on the
part of our country to do something
other than simply talk about doing
something to defen4 against terrorist
attacks. Too often, the tendency in
Washington is to conclude that be-
cause we have said something, we have
therefore done something. The fact is
that if we take the threat of maritime
terrorism seriously, we need to do at
home what we will be askihg others to
do overseas; and we have got to come
up with the resources needed to get
that job done.
And we are not getting that job done
today.
The Coast Guard, primarily as a
result of Gramm-Rudman, has an op-
erating budget that is $97 million
below the amount originally requested
for this year by President Reagan.
When added to reductions made in
earlier years, the Coast Guard is now
operating with 2,000 fewer military
and civilian personnel than it had in
1981.
Because of the higtr priority at-
tached by Congress and the adminis-
tration to drug law enforcement, a
substantial portion of the Coast
Guard's remaining resources have
been dedicated to that mission. As a
result, the Coast Guard's ability to ac-
complish its other missions?including
port security?has been compromised.
I think it is revealing that since.
1980, during 5 years in which we have
supposedly been building up our de-
fense capabilities, the number of Coast
Guard personnel devoted to port
safety has declined by 20 percent: the
number of -routine harbor patrols con-
ducted by the Coast Guard has de-
clined from 228,700 annually to 44.000:
the number of waterfront inspections
has declined by 50 percent: and the
Coast Guard has been unable to meet
even a reduced National Security
Council standard for boarding vessels
from Communist bloc countries enter-
ing the United States.
The CHAIRMAN. The time of the
gentleman from Massachusetts (Mr.
STUDDS] has expired.
(By unanimous consent. Mr. STUDDS
was allowed to proceed for 1 additional
minute.)
Mr. STUDDS. In response to the hi-
jacking of the Achille Lauro last year.
the United States appealed to the
international community to pay great-
er attention to port security; but our
case is weak. The fact is that when it
comes to security, American harbors
are the functional equivalent of the
Athens airport or the streets of
Beirut.
I could describe the rationale for
this section of the bill at enormous
length. but I suspect Members get the
point. Protection against terrorism
begins at home; and with respect to
coastal matters, the Coast Guard is
the first line of defense. I appreciate
the support of Members on both sides
for this provision of the bill, and I
hope?and trust?that this support
will carry over into the appropriations
process in the months ahead.
Finally, I also want to mention the
inclusion of section 508 of the bill.
This section reflects an effort on my
part to narrow a proposal that was put
forward by the administration about a
year and a half ago. That proposal was
prompted by the so-called Wilson-
Terpil case, which caused the Justice.
Department to- conclude that Ameri-
cans could lawfully provide services of
great value to countries seeking people
and skills useful in the execution of
terrorist acts. The administration's
proposal was drafted in an extremely
broad fashion, raising a host of ques-
tions about who it would affect and
how it would be implemented.
The language in H.R. 4151 differs
from the administration proposal in
that it only applies to services having
a direct military, law enforcement, or
intelligence application that are pro-
vided to governments that have been
placed by the Secretary of State on
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the list of those actively supporting
international terrorism. The Secretary
is authorized to impose controls on
this narrow category of services if he
determines that this will reduce the
likelihood that acts of terrorism will
be carried out.
I think it is vital that the record of
this debate indicate that the language
in H.R. 4151 is the broadest that the
House of Representatives can support.
We will resist any effort in negotia-
tions with the Senate, or in subse-
quent legislation, to expand the appli-
cability of this language.
Under this section. the Secretary of
State is authorized to impose controls
on services only if he determines that,
in so doing, we will discourage support
for international terrorism; our goal is
to stop the provision of services that
will lead directly to an improved capa-
bility on the part of a hostile foreign
power to carry out, or to support, acts
of terrorism, and not to restrict in any
other way the right of American citi-
zens to go about their business as they
please.
This language has the merit of
speaking to the problem that prompt-
ed it?the Wilson-Terpil case?without
going beyond it to try to solve prob-
lems that have not been demonstrated
to exist. I think it is consistent with
other actions Congress has taken to
limit the export of?weapons and so-
called dual use items?to countries
that are on the terrorist list. We have
to recognize, it seems to me, that
under some circumstances the provi-
sion of services can be at least as dam-
aging as the sale of a truck or a rifle.
In summary, this is an excellent
piece of legislation; it is a useful com-
ponent of what I hope will become a
far more comprehensive and balanced
response to international terrorism
than we have developed so far; it in-
cludes a provision of great importance
to the domestic security of the United
States; and I hope that it will receive
favorable action here today and in the
other body in the near future.
Mr. MICA. Mr. Chairman. I move to
strike the requisite number of words.
Mr. Chairman, first I must say that
as a member of my subcommittee. I
have the greatest respect for the gen-
tleman who has offered the amend-
ment (Mr. Meaux]. We have had nu-
merous discussions on this particular
amendment. It is for this reason I
think Members should listen up, par-
ticularly if they are listening back in
their offices. There will be a vote on
this amendment. We decided to bring
this to the floor to make it a judgment
of the entire House, because this is a
judgment issue.
Simply stated, what we are debating
is the amount of money the Iranian
hostages or any hostages should get as
some types of compensation for each
day that they were held. We have had
some recommendations from the hos-
tage family group that it be $100 a
day. We had a commission say that it
should be $12.50 a dayi, Some have into consideration when the Presi-
_
even said less. Just a token amount. dent's commission came up with a
The committee recognized very figure of $12.50 a day as adequate
clearly that it is just a Matter of dis- compensation.
cretion. We said, in effectl we will pick I have raised it to $20 a day in my
the figure that we feel ii reasonable, amendment, which far exceeds the in-
and that is the worldwide per diem flation since then, and my amendment
rate. In this case, it is $66 a day for is also tied to the CPI.
each of the Iranian hostages who were I also want to raise again that what
held for 444 days. is in fairness to others who have been
The amendment offered by the gen- held hostage or prisoner in other wars
tleman from Arizona would take the in some instances, a case could be
$66-a-day figure and reduce it to $20 a made they were under less pleasant
conditions than those who were held
hostage in Iran.
I think that we are trying to com-
pensate Americans who underwent an
unbelieveable hardship. I believe that
they deserve compensation. I hope
that the body will consider my amend-
ment as fair compensation for their
sacrifices.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Arizona (Mr. McCAIN].
The question was taken; and on a di-
vision (demanded by Mr. McCarr4)
there were?ayes 5, noes 6.
So the amendment was rejected.
day.
There is no easy way to. make this
judgment. If the gentleman is correct,
it is simply and purely a judgment.
We, the committee, virtually unani-
mously, with one objection, felt that
the worldwide per diem figure of 668 a
day was fair. It is automatically ad-
justed. It accounts for inflation. We do
not have any problems with that. It is
a reasonable figure. We also had a rec-
ommendation of 650,000! There was
some thought that the President
should have some discretion, and the
gentleman just received approval from
this body that there would be no dis-
cretion from the President. I have a
letter from the administrition indicat-
ing that if the President does not have
discretion and, rather than the
$50,000, the President would support
the per diem.
So, simply stated, we are talking
about $66 a day or $20 a day, and that
Is the basic question here.'
It is a judgment that the Members
have to make. There is nci formula, no
scientific approach to this question.
Mr. McCAIN. Mr. Chairman, I move
to- strike the requisite number of
words.
The CHAIRMAN. Without objec-
tion, the gentleman is recognized for 5
minutes.
There was no objection.
Mr. McCAIN. Mr. Chairman, I would
just like to take a couple Of minutes to
respond to some of the statements
that have been made concerning this
Issue.
First of all, I would like to again ex-
press my appreciation to Chairman
MICA for his hard work. Ms. Srgowx
and Mrs. &SWIM= for the many
hours of effort they have devoted to
the entire bill.
As Chairman MICA just pointed out,
there is a disagreement on numbers
here. I think that it is important to
refer to the precedent that has been
established since 1948.
The first time that compensation
was adjudged for men who were held
prisoner was after World War II in
1948, again in 1953, and again in 1970.
These were updated after each con-
flict.
Mr. Chairman. I might add that
these amounts of money went from $2
a day or $60 a month for those held in
World War II?! repeat, $6.0 a month?
up to $3 a day for the Korean War and
$5 a day for those who were held as
POW's in Vietnam. So there has been
a precedent, and that was fully taken
AMENDYRKE 077101ULD ST KR. WALKER
Mr. WALKER. Mr. Chairman, I
offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. WALRER:
(I) in the section heading strike out "Eir.
norm DATE or zwrrrtzaarrs"and insert in
lieu thereof "SPICIAL BUDGIE! ACT aut.= roe
arrinzmiarrs"; and
(2) strike out the period at the end of the
section and insert in lieu thereof the follow-
ing ". and shall be effective for any fiscal
year only to the extent or in the amounts
provided in appropriation Acts.".
In the table of contents in section 2.
amend the item relating to section 806 to
read as follows:
Sec. 806. Sped Budget Act rules for enti-
tlements.
Mr. WALKER (during the reading).
Mr. Chairman. I ask unanimous con-
sent that the amendment be consid-
ered as read and printed in the
RacoRD.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Pennsylvania?
There was no objection.
Mr. WALKER. Mr. Chairman, on
this matter, we are not raising any
Issues with regard to decisions that
the committee has made beyond the
decision made to make the compensa-
tion program an entitlement program.
Let me say from the outset that
whatever the rationale that might be
used in this particular instance for an
entitlement program, what we are
doing with making that decision is vio-
lating the Budget Act and violating
the Oranun-Rudman provision. We
have said flatly that we shall not
enact new entitlement programs on
this floor.
Yet, here we are with a bill that does
specifically that.
Whatever the merits of the case?
whatever the merits of the case?this
Is purely and simply an end run
g'
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March 18, 1986 CONGRESSIONAL RECORD ? HOUSE
around the balanced budget law
making in order a balanced budget by
1991.
It seems to me that when you have
high budget deficits and you are
trying to do something about...them.
you do not go around creating new en-
titlement authority. That is what we
do here.
0 1830
What you do is make the money in
the bill subject to the regular congres-
sional appropriations process.
All my amendment is, is a vote to
keep spending under our control,
under congressional control, and not
hand it over to an entitlement pro-
gram.
It just seems to me that if we are
going to spend the money, we ought to
vote the funds. We have gotten our-
selves in a lot of trouble over the years
by refusing to understand that basic
concept, and that is that if we are
going to spend the people's money, we
ought to stand up and actually vote
the funds.
Many Members of Congress have
come to this floor in recent months
and they have talked about a pay-as-
you-go concept. Well, here it is. Here is
the real question: Are we really going
to think about things on a pay-as-you-
go basis? This amendment of mine is
purely and simply a pay-as-you-go
amendment. It says that we are going
to put in place the authorization pro-
gram: we are not going to change one
word of how the committee has struc-
tured that, but we are going to subject
any spending to the regular appropria-
tions process.
I think that is reasonable, and I do
not see why we cannot at least try it
that way for a while.
People have come to this floor today
and they have made very valid argu-
ments about the fact that Congress
simply has not acted in the past. Yes,
that may be true. There was no pro-
gram authorized in the past that
moved us in a particular direction
toward helping the hostage victims.
But now we are going to have an au-
thorization program. Why not at least
for a little while find? out whether or
not it would work, using the regular
appropriations process? Why, right off
the bat, do we have to make it an enti-
tlement? Why, right immediately, do
we have to say that we are going to
lose control over the spending process
ourselves?
It seems to me that the very least we
ought to do, given the fact that this
particular provision is a violation of
the budget bill, given the fact that it
violates the Balanced Budget Act, the
very least we ought to do out here
today is adopt this amendment and try
it for a while under the regular appro-
priations process.
That is what this aMendment is all
about. It simply says: Do we want a
new entitlement program? Or do we
want to go through the regular appro-
priations process?
It seems to me that this is not the
time to foist upon the Ainerican tax-
payer a new entitlement Program. It is
a time to stick with the regular appro-
priations process.
I ask for an "aye" vote on the
amendment.
Mrs. SCHROEDER. Mrl. Chairman,
I rise in opposition to the amendment.
(Mrs. SCHROEDER asked and was
given permission to revise and extend
her remarks.)
Mrs. SCHROEDER. Mr. Chairman,
I think none of us on this House floor
want to create new entitlement pro-
grams, normally, and especially if we
are going to create new 1entitlement
programs for a whole group of class
that we can see demographics chang-
ing, and all sorts of things- I
But I must say, that kind of consist-
ency, if we are going to be so absolute-
ly consistent that we make the mis-
take of not creating this as an entitle-
ment. I think we should be ashamed,
and I mean that. because I think this
is a very different kind of situation,
when we had hostage after hostage
testify that one of the major concerns
they had when they were being incar-
cerated is whether or not 'their fami-
lies were being taken care of.
And if we say we are not going to
make an entitlement available for that
situation because of the Budget Act
and because of this and 'because of
that, we are really not treating the
people that we are asking to risk their
lives and everything else. We are not
treating them with any kind of re-
spect, and I think we should hang our
heads as public officials. 1
We know that Americans are real
targets, we know that as a super power
it bears all sorts of burdens. We know
we send people out there that we
cannot reimburse adequately, and we
are asking them to run all sorts of
risks. And when we hear froin the ones
who ran the risk and were incarcerat-
ed that their No. 1 concern was cons-
stantly worrying about their families,
I cannot believe that we cannot make
this an entitlement. This is. not a huge
entitlement. We do not know that it
will ever cost anything. Let us hope
that it will never cost anything. But
let us be able, as the U.S. COngress, to
say to people working for this Govern-
ment: If something happens1to you, we
are going to take care of your family,
don't worry, it is an entitleinent, you
do not have to wait and see it Congress
gets to it, you do not have to wait and
see if they are out of session that year,
You do not have to wait to see if some-
thing else happens, we have made it
an entitlement. And I think that is ab-
solutely bottom line, because we do
not give them much of anything else.
We are taking their pensions away or
we are cutting their pay or we are
freezing their COLA or we are cutting
this or we are cutting that, and to put
them out there and subject them to
the risk that every single one of. us
knows they are subjected to, and to
say to them, "We are going to just let
H 1267
you sit there, and of course you will
not get any newspapers once you are
incarcerated to know whether we did
pass it, and you do not know if we will
get around to it," I remind the Mem-
bers that it has taken 6 years to get
this to the floor, since the Iranian hos-
tage situation. To think we would do
that I find just shocking.
So certainly I do not want to create
any new massive entitlement pro-
grams. Let us pray this is an entitle-
ment program that is never used. I do
not think any of us ever want this to
be used. But, for crying out loud, let us
not be so narrow, let us not be so nit-
picking, let us not be so really small in
our thinking that we say we are going
to be pure and we will not create this
as an entitlement program, let us real-
ize the tremendous, tremendous con-
fort this would be to Federal employ-
ees all over the world, to know that
the Federal Government has finally
spoken on this, that if anything
should happen, which we certainly
hope it does not, that they are protect-
ed and they do not have to sit around
and worry about that. They have got
enough to worry about, and I think it
is the least we can do. I will be very
much ashamed of this House if this
amendment is passed.
Mr. MICA. Mr. Chairman, I move to
strike the requisite number of words.
and I rise in strong opposition to the
amendment.
Mr. Chairman, as far as I am con-
cerned, this amendment guts the
whole purpose of this legislation.
What we are talking about are indi-
viduals who are taken hostage being
able to have some knowledge that
their families will be taken care of,
and that this will be done automatical-
ly. That is the purpose of an entitle-
ment. Can you imagine the situation
of an individual, under the terms of
this amendment, if it were adopted,
saying, "Yes; I have been taken hos-
tage. I am held here in solitary, but
under the terms of the amendment of-
fered by the gentleman from Pennsyl-
vania, if the Congress acts some day,
my family might be taken care of."
That is not what we want.
The whole idea here was to give
some realistic, reliable assurance to
families, to friends, to individuals, that
11 there were a problem they would
not have to wait for a future act of
Congress. "Is the Congress in recess?
Is the Congress debating the tax bill?
Is the Congress doing other things? Is
the Congress to busy? Are there going
to be points of order?" All of this
would stand in the way of quick action
on behalf of the hostages and their
families.
The gentleman makes a good point
that we do need to follow appropriate
procedures. The gentleman is known
as a watchdog on budget and proce-
dure. and I respect him for that role
here in the Congress, but I do not
think he realizes that there is no new
money in this provision. This money is
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H 1268 CONGRESSIONAL RECORD ? HOUSE March 18, 1986
within the funds already available to
the State Department and other agen-
cies. We are dealing with $1.8 million?
not $1.6 ,billion, but $1.6 million?in
existing funds already appropriated.
$1.6 million in existing funds ,tpr the
52 hostages, and I think there were 1
or 2 others that we are dealing with
here. So that is not new money, it is
not in violation of Gramm-Rudman or
the Budget Act at this point.
If there were new hostages, more
funds would be required but they
would be taken from existing budgets.
But the idea was to give some assur-
ance so that the next group would not
sit in solitary, would not sit as hos-
tages under most difficult and trying
circumstances and say, "Will it be 8
years before the Congress acts, as it
was with the Iranian hostage situa-
tion?"
So I understand the concern for the
budget process. I understand also the
gentleman's desire to abide by techni-
calities. But if we are looking at tech-
nicalities, there is no new money in
this legislation for this purpose.
I would be happy to yield, for a
moment, to my colleague from Penn-
sylvania.
Mr. WALKER. I thank the gentle-
man for yielding. I think the gentle-
man ought to understand a little bit
how the bill came to the floor.
This gentleman allowed the bill to
come to the floor by unanimous con-
sent under an assurance that there
were no things in it which violated the
Granun-Rudman Balanced Budget
Act.
The chairman of the committee, in
telling me that?I know he said so in
all honesty?I do not think he under-
stood that this did in fact violate
Gramm-Rudman.
Mr. MICA. If I may reclaim my time.
I think we have a basic disagreement.
There is no new money in this provi-
sion. And, in fact, under the gentle-
man's provision, if the gentleman's
provision passes, it would authorize, a
new appropriation or an increase, if
you will.
Mr. WALKER. If the gentleman will
yield, that of course is not the issue
here. What we are attempting to
do?
Mr. MICA. Reclaiming my time, the
gentleman just indicated that that was
the key issue, that we are violating
Gramm-Rudman and the Budget Act,
and indeed that is not the case.
Mr. WALKER. Well, the gentleman
will admit that in bringing the bill to
the floor they had to get a waiver of
the Budget Act because this provision
was in it.
Mr. MICA. The gentleman indicates
there was a waiver. but I do not be-
lieve it was because there was new
money in the WI. This is money that
Is a part of the appropriation that is
already available to the State Depart-
ment.
Mr. WALKER. If the gentleman will
yield, the problem is that you are cre-
ating an entitlement program before
you have a budget provision, and that
Is the problem. This gentleman under-
stood that problem. He brought the
amendment to the floor in order to try
to correct a problem that you have
created with your legislation. If the
gentleman does not want any correc-
tions, I understand that.
The CHAIRMAN. The time of the
gentleman from Florida (Mr. MICA]
has expired.
(By unanimous consent, Mr. MICA
was allowed to proceed for 2 additional
minutes.)
Mr. MICA. I think the technical
point that weare'debating is the point
that we have just raised here, that
there is not new money authorized by
this title.
Mr. PASCELL. Mr. lChairman, will
the gentleman yield? I
Mr. MICA. I yield to the gentleman
from Florida.
Mr. PASCELL. I wilt to just
straighten the record out, if I can.
There was no unanimous consent to
take this bill to the floor, I will tell the
gentleman from PennsylVania, at his
respect to the waiver situation at the
time I spoke to the gentleman on the
floor last week. I was incorrect about
the bill at that time: but all of those
problems were corrected, II will tell the
gentleman from Pennyslvania, at his
insistence. The second point is that.
with respect to the waiver, that brings
this bill to the floor, the only reason a
waiver is required is because the
budget resolution has not yet been
adopted and this bill was granted
waiver from the Rules I Committee
with the approval of the Budget Com-
mittee.
Now, all I will say is that the gentle-
man can pursue his technicality as far
as he wants to pursue it, but please do
not assert that there is a I violation of
the law. We have complied with the
law; and that is the reason we are here
under the kind of rule that we were
granted.
Now, you can say you do not want an
entitlement program. You can say
that you would rather have these
funds provided in an appropriation.
That is your privilege, and that is the
reason your amendment is offered.
and I hope it does what you think it
does, but I believe that does not
achieve your purpose. What it will do
Is this: It will require new money,
whereas if you go under the entitle-
ment program it requires the use of
existing funds.
I am just saying what it does. You
can still go your way if itou want to.
You have made your point. I do not
understand why it would make any
difference. Before this bill becomes a
law, the technicality you are con-
cerned about will cease to be a prob-
lem because in all likelLhodd, a budget
resolution will be in place before this
bill completes the legislative process.
. The CHAIRMAN. The time of the
gentleman from Florida (Mr. Moil
has expired.
Mr. FASCELL. Mr. Chairman. I
move to strike the requisite number of
words.
We have not only acquired the
waiver which the law permits us to get
from the Budget Committee, but I
dare say it would be cured before it
ever becomes the kind of problem the
gentleman is talking about.
Now, let me Just for 1 second exam-
ine the scope of this thing, aside from
the fact that we are talking about the
lives of people and that two commit-
tees have decided that the very best
way to handle that is to write it into
law so there is no question about
whether or not these people will get
the compensation that is written into
the law, it becomes an entitlement
program and it does not require fur-
ther acts of Congress except for the al-
location of the money.
First of all, we are talking right now
today about existing payments that
would go to known hostages. Am I cor-
rect?
Mr. MICA. The gentleman is correct.
Mr. FASCELL. And that is $1.8 mil-
lion: am I correct?
Mr. MICA. Yes.
Mr. FASCEILL. But let us examine
this question of entitlement, because
the gentleman from Pennsylvania, in
his zeal to protect the law?I am cer-
tainly not derogatory about that. I
think that is commendable, and he is
known all over the country on cable
television as the watchdog of the
whole program of the Budget Act. But
we are following the Budget Act, Mr.
Chairman. We are following the
Budget Act.
0 1845
Now, on the scope of this, we are not
talking about Medicare or Medicaid or
a large program as the chairperson
said, from the Post Office and Civil
Service Committee. We are talking
about a limited number of people here
who are known right now and pay-
ments to them, whether it Is by appro-
priation or entitlement, would be $1.6
million.
What about the future? What does
an entitlement program or an appro-
priation do in the future? Answer: We
do not know. There are no hostages
out there yet, and I hope there will
not be. So I suppose in a very techni-
cal sense the gentleman from Pennsyl-
vania could make a point that he
would rather have an appropriation
rather than an entitlement because
nowadays in the context of the whole
process the word "entitlement" has
become a buzz word.
Once having made that point, it
seems to me, and the fact that we have
assured him and the people of this
country that we have cured all of the
technicalities with this, it seems to me
that the better part of wisdom right
now would be that he has made his
point is to withdraw the amendment.
The money Is going to be paid one
way or the other. The gentleman is
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mann i, 1.Y?50 CONGRESSIONAL RECORD ? HOUSE 111269
not going to fight the appropriation; I
know that. I mean, I know he has got
a heart and a soul: I know that. The
only thing is, and I am serious about
this, I will say to the gentleman from
Pennsylvania; You have made your
point: we have done our best tmure.
You want to turn it around legislative-
ly which is your prerogative and that
is the reason this amendment is in
order.
I really wish the gentleman would
not do that.
Mr. MICA. Mr. Chairman, in conclu-
sion I would just like to say that if this
amendment were adopted, it would
take an act of Congress to make this
entire provision apply to one hostage.
I think that is wrong and I do not
think we should put ourselves in that
position.
Ms. SNOWE. Mr. Chairman. I move
to strike the requisite number of
words.
Mr. Chairman, I am opposed to the
amendment that has been offered by
the gentleman from Pennsylvania.
The gentleman does raise a serious
concern in this period of fiscal reali-
ties; a legitimate concern about creat-
ing new entitlements, and I always
share that concern with the gentle-
man.
But there are several reasons why
the committee chose this funding
mechanism. First, I would like to point
out this is a very narrow and limited
entitlement that was requested by the
administration to fill a very specific
? and unique purpose.
The Victims of ,Terrorism Compen-
sation Act would provide compensa-
tion, as has been mentioned here
during the course of this debate. to
American hostages and their families.
The Congressional Budget Office has
estimated that the cost of this legisla-
tion would by $1.8 million for fiscal
year 1988 and fiscal year 1987, which
the appropriation would be provided
for by the State Department and
would not require an additional. appro-
priation.
I would point out that the net effect
of the gentleman's amendment would
be to negate the effectiveness of lump
sum compensation benefits. It would
negate the effectiveness of educational
and medical benefits. It would negate
the certainty and the predictability
Provided by this legislation in title
VIII in the Victims of Terrorism Com-
pensation Act.
There is no way that Congress can
predict when a situation will arise and
how much approriation will be re-
quired? Even if the situation arose, in
all likelihood the Congress would not
react quickly. It did not with respect
to the Iranian hostages. and 1 might
add at this point that when the Hos-
tage Relief act passed in 1980, a year
already had elapsed since those indi-
viduals became hostages in Iran. Final-
ly, in all likelihood. Congress would
not enact a sufficient appropriation,
and then, as a result. We would termi-
nate the benefits prematurely. The
educational benefits and the medical
benefits triggered in this: legislation
would terminate because we did not
provide an adequate appropriation.
The thrust of this legislation is to
provide some certainty, some assur-
ance, some peace of mind to the hos-
tages and to the hostage family mem-
bers. If there is anything that we
learned from the Iranian crisis, it was
this: The hostages thought about
their family members first; for their
health for their safety and their wel-
fare. If we want to grant them peace
of mind in coping with a perilous situ-
ation then we provide this' in an enti-
tlement form. ? ?
If we decide that we are going to
create the family benefitslcontingent
upon congressional approval, then
there is no way that they will have the
assurance of receiving these benefits
in a timely fashion.
In the final analysis, the House has
to decide whether or not we, are willing
to provide hostage relief. If we mean
what we say, then let us enact effec-
tive legislation, but let us not gut the
mechanism by which we (effectively
provide this relief
That is what we are saying here
today, Members of the Committee. I
believe we have to consider it very seri-
ously. If the gentleman's amendment
passes, we might as well eliminate title
VIII. We might as well ellininate the
certainty and the assurances that title
VIII provides.
I think we have an obligation, a
moral obligation as a country, to rec-
ognize the hardships that these indi-
viduals have faced and have endured.
Finally, one last comment! I think it
Is tragic that 5 years have elapsed and
we have yet to provide compensation
to the Iranian hostages. You ask why?
Because of the controversy involved in
determining the level of Compensa-
tion. That is why I say to the gentle-
man from Pennsylvania that we must
have this mechanism so that we can
ensure the kind of certainty that these
people deserve.
Ms. ?AKAR. Mr. Chairman. I move
to strike the requisite number of
words.
(Ms. OAKAR asked and Was given
permission to revise and extend her re-
marks.)
Ms. OAHAR. Mr. Chairman. I want
to associate myself with the distin-
guished members of the Foreign Rela-
tions Committee, Mr. MICA and Mr.
FASCELL and COilgreSSWOUUM SNOWS
and Congresswoman SCHROEDER who
have been so forceful in seeing this
legislation come to pass. I Chaired a
subcommittee that heard the legisla-
tion as well, for employee compensa-
tion benefits.
I want to make one quick point.
First of all, I think any Government
worker who risks his or her life, end
many of them do day in and day out.
who was held hostage, is entitled. and
I want to underline that. I do not
happen to think that Is a dirty word, I
think it is an important word. They
are entitled to benefits fa themselves
and their families. Absolutely entitled
to that.
I am astounded that anyone would
disagree with that. That we would
want to have these people held hos-
tage to the whim of one committee or
another. If we are creating an entitle-
ment program, it is very, very belated
and we should have done it a long time
ago.
No. 2 Is that this entitlement comes
out of existing funds, and the gentle-
man from Pennsylvania's amendment
violates Gramm-Rudman because it
does not come out of existing funds.
So as ingenious as he sometimes is
about these technical issues, his
amendment violates Gramm-Rudman.
Our bill does not. I would Just
simply like to say that all Americans
realize that the taking of American
hostages is frightening, it is sad, and
unfortunately, our Government work-
ers, those workers that we sometimes
treat very disparagingly, and our mili-
tary personnel and their dependents,
are very often considered easy prey by
political terrorists who seek to influ-
ence our foreign policy.
01855
We know and we live through this as
Americans day in and day out with the
anxiety for our hostages.
Now, if we cannot pass a bill that
does not violate the existing law that
entitles these individuals who risk
their lives, some of whom have already
done this, and hopefully this will
never happen again, but if it does, we
ought to supply the kinds of remu-
neration and educational benefits.
medical and health care, psychological
counseling and this interest bearing ?
savings fund that would involve their
pay while they are held hostage.
Now, surely we can do that for these
courageous people and hopefully we
will never have that situation again,
but my heavens, I am just astounded
by this amendment. It violates
Gramm-Rudman. I hope we soundly
reject it, because it really guts the es-
sence of the bill.
Mr. Chairman I rise in support of
H.R. 4151, the Omnibus Diplomatic
Security and Anti-Terrorism Act. The
bill has been the subject of hearings
by both the Foreign Affairs Commit-
tee and my own Subcommittee on
Compensation and Employee Benefits
of the Post Office and Civil Service
Committee. And, while we _would like
to avoid the issue of terrorism, it is a
cold reality in our society. H.R. 4151
would provide needed compensation to
those who are victims of terrorism di-
rectly, and the family members who
are forced to wait and pray for relief.
The taking of American hostages is
frightening and sad. Unfortunately,
U.S. citizens. Government employees.
military personnel, and their depend-
ents are considered easy prey by politi-
cal terrorists who seek to influence
American foreign policy.
a
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H 1270 CONGRESSIONAL RECORD ? HO
While such tactics are repugnant
and should be denounced and actively
discouraged by every nation, state-
sponsored terrorism continues, dis-
rupting peace and stability in the
world. Terrorists have rewrted to
murder and torture to seek' political
gain. We must do everything within
our power, individually and as a
nation, to stop such vicious activities.
We must also never forget the needs
of those who suffer the horrors of ter-
rorism.
The legislation before the House
today would expand and improve upon
the benefits provided by the Hostage
Relief Act of 1980 to Federal civilian
and military employees who become
victims of hostile action directed
against the United States.
Among its many worthwhile provi-
sions, the bill would direct that a hos-
tage's pay be deposited in an interest-
bearing savings fund and that captives
and their families be compensated for
medical and health care, educational
benefits, and psychological counseling.
Certainly, such benefits should be pro-
vided to Government employees who
suffer the physical and mental strain
of being held hostage, and of facing a
violent death at any moment. ?
Our goal Is to permanently end ter-
rorism but, until this goal is achieved.
Government employees who are cap-
tured and tortured, and the families of
those killed, must be properly compen-
sated for their heroism and sacrifice
for our country.
? Sad as it is to say, certain Govern-
ment employees perform duties in ex-
tremely hazardous conditions and.
sometimes, pay the ultimate price to
enforce the laws of our Nation. It is
time that we exercise our moral re-
sponsibility and provide the proper
benefits to those civilian and military
workers whose lives are placed in jeop-
ardy by international terrorism. One
need only recall the sorrow of the fam-
ilies who remain waiting atter 1 year
to hear from their loved ones being
held in Lebanon to realize that the
need for H.R. 4151 is eminent.
I urge all my colleagues to vote in
support of H.R. 4151.
Mr. WALKER. Mr. Chairman. I
move to strike the requisite number of
words.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Pennsylvania? .
Mr. MICA. Mr. Chairman. the
normal procedure is each individual is
allowed to speak for one time, is it
not?
The CHAIRMAN. By unanimous
consent, the gentleman can be recog-
nized for another period of time.
Mr. MICA. Mr. Chairman. I will not
object at this time.
The CHAIRMAN. Is there objection
to the request of the 'gentleman from
Pennsylvania?
There was no objection.
Mr. WALKER. Mr. Chairman, I will
be brief. I thank the gentleman. .
Mr. Chairman, we have heard a lot
of arguments out herei and I think
some of them need to be rebutted just
a little bit, because we are hearing a
lot of people indicating that this is
Just a mere technicality and they, do
not understand why this should be
done. The mere technicality we are
talking here is deficit reduction and
the program we committed ourselves
to.
For the gentlewoman to contend
that this amendment is la violation of
Gramm-Rudman is just wrong. It is
the bill that has had to get a waiver
from the ? Rules Committee. My
amendment required no waiver. It
came out to the floor and it required
no waiver. It is perfectly in order to
do.
It is just a case once slain of the big
spenders are at it. We are looking for
another reason to spend money with-
out looking at what we are doing.
Ms. OAKAR. Mr. Chairman, will the
gentleman yield?
Mr. WALKER. Surely, I yield to the
gentlewoman.
Ms. OAKAR. Mr. Chairman, will
the gentleman agree thit this bill pro-
vides for funds that arel already exist-
ing? Does the gentleman agree to that,
yes or no?
Mr. WALKER This bill evidently
does.
Ms. ()AKAR. Will the gentleman
agree that his amendment does not?
Mr. WALKER. No. I
Ms. OAKAR. That it provides for
new funding? I
Mr. WALKER. My amendment, I
would say to the gentlewoman, re-
quires that Congress I vote on the
money before we spend the money.
Ms. OAKAR. That is for new money,
Is that not true, not existing money?
Mr. WALKER. No. My amendment
provides for no new money at all. My
amendment simply says; I will aay to
the gentlewoman, that around here we
ought to vote for the money before we
spend the money. ' I
The gentlewoman wants us to start a
pattern of spending money without us
having to vote on it. I
Ms. OAKAR. That is absolutely not
Mr. WALKER. That, is precisely
true.
what has got us in trouble over the
years. The chairman of the committee
comes out here and tells us that the
reason why this Is perfectly all right is
because they went to the Budget Com-
mittee and got a waiver. The Budget
Committee around here gives waivers
to everyone. That is the reason why
we have overspent our own budgets
over the last 5 years by $160 billion,
because we constantly get this pattern
of the Budget Committee going
beyond the Budget Act.
Ms. ()AKAR. Mr. Chairman, will the
gentleman yield further?
Mr. WALKEFt. Yes, I am glad to
yield to the gentlewoman. Apparently
she- does not want me to make my
statement.
USE March 18, 1986
Ms. OAKAR. The gentleman knows
and I know and everyone knows that
the gentleman's amendment provides
for new money and we are dealing in
this bill with money already in the
budget. The gentleman knows that.
and let us not try to fool everyone.
Mr. WALKER. The gentlewoman is
absolutely wrong. Here is what my
amendment says: "and shall be effec-
tive for any fiscal year only to the
extent or in the amounts provided in
the Appropriation Act."
So what it says is that you have got
to vote for the money before you
spend the money. There is no money
in my amendment whatsoever, none.
It simply says that you have got to
vote for the money before you spend
the money.
Now, that is something we do not
like to do around this Congress. We do
not like to have to actually stand up
and vote for this spending, so this
committee has cleverly found a new
way to provide for an entitlement pro-
gram.
Mr. MICA. Mr. Chairman, will the
gentleman yield on that point?
Mr. WALKER. Yes, I am glad to
yield to the gentleman.
Mr. MICA. Mr. Chairman, I would
Just say that we can continue to dis-
agree about this. According to the gen-
tleman, there is no new money in his
amendment.
Mr. WALKER No.
Mr. MICA. There is also no new
money in this provision, according to
the Budget Committee and according
to the Rules Committee and according
to this committee. There is no new
money here.
Mr. WALKER I have not contended
there is any new money, I would say to
the gentleman. What I have contend-
ed is that we are creating a new enti-
tlement program that does not now
exist and that we ought not to be in
the process of establishing new entitle-
ment programs. That is the only point
this gentleman has made.
It is the gentleman's side that has
raised the issue of new money. There
Is no new money anywhere. It is
simply a question of process. Do you
have a regular appropriations process
or do you have an entitlement process?
I say that you ought to go through
the regular appropriations process to
spend money. We are told that this is
just a small program. Well, $1.6 mil-
lion is a lot of money in most families:
$1.6 million is something that most
families regard as a lot of money.
I believe they would think we should
vote for that before we actually spend
the money. That is not what we do.
We have heard about a moral obliga-
tion to the country. The moral obliga-
tion to this country is to stop piling up
debt that we end up putting onto
future generations. We do that
enough. We are doing it with a new
entitlement program here. It is time to
say no to entitlement programs. It Is
tile te,say pay as you go and do so In
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CONGRESSIONAL RECORD ? HO
March 18, 1986
a way that does not entitle the money,
but says we are going to regularly ap-
propriate the money.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Pennsylvania (Mr. Wa&KER1-
The question was taken; and the
Chairman announced, that the noes
appeared to have it.
=Oen= Van
Mr. WALKER. Mr. Chairman. I
demand a recorded vote.
A recorded vote was ordered.
The vote was taken, by electronic
device, and there were?aycs 144. noes
252. not voting 38. as follows:
(Roll No. 581
AYES-144
Applegate Henry Panetta
Archer Mils Pursed
Artney Holt Regula
AuColn Hopkins Ridge
Badham Hubbard Roberts
Barnard Hudak, Roemer
Bartlett Hughes Rogers
Barton Hunter Roth
Bateman Ireland Rudd
Bentley Jenkins Russo
Bilirakis Jones (OK) Schaefer
Boland Kemp Schneider
Boulter Kolbe &hubs.
Breaux
Halter Samenbrenner
. Brown (CO) Kramer Sinn
Broyhill Large. Shuinway ?
Burton (IN) !Atte Shuster
Carney Leath (TX) Skeen
Carr Lent Slattery
Chandler ' Lewis (CA) Smith (NI)
Chapel. Lewis (FL) Smith. Denny
Coats Lightfoot (OR) ?
Cotey Wanton Smith. Robert
Coble Loeffler (NH)
Combed Lott . Smith. Robert
Coughlin Lowery (CA). (OR)
Daniel Lunn Solomon
Dannemeyer Mack Spence
Daub Marlene. Stenholm
DeLay Marthi (IL) Strang
DtoGuatil McCain Straton
Dreier McCandlan Stump
Early McCollum. Sundquist
Eckert (NY) McDode Sweeney
English McEwen Swindell
Pamela McGrath Tauzin .
Pado Meyers Taylor
Fields Michel Tragier
Florio Miller (OH) Vander Jag*
Frenzel Molinari Vucanovich
Genies Monson Walker
degas Montgomery Weaver
Glitiunan Moody Weber
Ooodling Moore WhItehorst
Green . Moorhead ? Whittaker
Gundenon Morrison (WA) Wolpe
Hall. Ralph Myers Wortley
Hansen Nielson Wylie
Hartnett Packard Young (IPL)
NO-252
Ackerman Boxer Darden
Akaka Brooks Damehle
Anderson 13roomfleld Davis
Andrews Brown (CA) dale Gana
Aspin Bruce Dellums
Atkins Bryant Derrick
Barnes Burton (CA) DeWine
Bata Bustaniante Manson
Bedell Callahan Dias
Bellenson Carper Dingell
Bennett Chapman Dixon
Bereuter Chappell Donnelly
Berman Cheney Dorgan (ND)
Bevill Clinger Doman (CA)
Smell Coelho Dowdy
Bliley Coleman (MO) Downey
Boehlert Coleman (TX) Duncan
Boggs Conte Durbin
Boner (TN) Conyers Dwyer
Bonier (MI) Cooper Dymally
Bonker Coyne Dyson
floral Craig &kart (OH)
Bosco Crane Edwards (CA)
Boucher Crockett Emerson
Erdreich
Evans (IA)
Evans (IL)
Powell
F'eighan
Fiedler
Foglietta
Foley
Ford (MI)
Ford (TN)
Fowler
Frank
Frost
Fuqua
Gallo
Garcia
Geidenson
Gibbons
Oilman
Don:saes
Gordon
Gradison
Gray (IL)
Gray (PA)
Lloyd Rion
Long ROukema
Lowry (WA) Rowland (CT)
Luken Rio/land (GA)
Lundine Roybal
Luninen Sabo
MacKay Saxton
Manton Saheuer
Markey Srhroeder
Martin (NY) Sehuette
Martina Sahumer
Matsui Selberling
Mavroules stain)
McCurdy Shelby
McHugh Sikorski
McKernan &Bander
MaCkmey
McMillan
Mica
Mikulald
Miller (CA)
Miller (WA)
Minets
Mitchell
Slinky
Skelton
Slaughter
Binh (PL)
Saifth (IA)
Saab (NJ)
Snow.
Snyder
Gregg Moakley Schatt
Guerin' lifollohan St :Germain
Hall (OH) Morrison (CT) Staggers
Hamilton Mrsask Silillagi
Hammessehmidt Murphy Stiumeland
Hatcher Murtha Mirk
Hawkins Matcher Stakes
Studd;
Talton
Tiuke
Thomas (CA)
The (GA)
Tares
Tannin
Tawns
Tridleant
Udill
Valentine
whys
Viiclosky
Vollmer
Witklus
%Visa=
Wheat
Whitley
Whitten
Wise
Wolf
Wright
Widen
Yates
Yatron
Y011116 (AK)
Toting (MO)
Hefner
Bette'
Hendon
Hertel
Miler
Horton
Howard
Boyer
Butt.
Hyde
Jacobs
Johnson
Jona* (NC)
Jones (TN)
KiWorekl
Kaptur
Kasten
Kestmuneter
Kennelly
=dee
Klecals
Kostmayer
Lagnmaraino
Lantos
Leach (IA)
Lehman (FL)
Leland
Levin (MI)
Levine (CA)
Neal
Nelson
Nichols
Nowak
Oskar
Oberatar
Obey
GUn
Ortiz
Owens
Parris
POW
Penne
Penner
Perking
Petri
Pickle
Price
Quillen
Rattail
Rangel
Ray
Reid
Richardson
Rinaldo
Ritter
Robinson
Rodino
Roe
NOT vOT1N0-38
Addabbo Franklin Oxley
Alexander Gephardt Patunait
Mittman
Anthony
Byron
Campbell
Clay
Collins Lehman (CA) Waimea
Courter Lipinski Weiss
Edger Madigan Williams
Wanda (OK) Magni Wilson
Fish McCloskey Tatham
Flippo O'Brien
Gingrich Porter
Grotherit Raitankowakt
Hayes Elsinore
Jeffords Solara
Kindness Sind
USE - H 1271
The amendment in the nature of a
substitute, as amended, was agreed to.
The CHAIRMAN. Under the rule.
the Committee rises.
Accordingly the Committee rose;
and the Speaker pro tempore (Mr.
Tamazal having assumed the chair,
Mr. KLIKKA. chairman of the Commit-
tee of the Whole House on the State
of the Union. reported that that Com-
mittee. having had under consider-
ation the bill (H.R. 4151), to provide
for the security of U.S. diplomatic per-
sonnel, facilities, and operations, and
for other purposes, pursuant to House
Resolution 402, he reported the bill
back to the House with an amendment
adopted by the Committee of the
Whole.
The SPEAKER pro tempore. Under
the rule, the previous question is or-
dered.
Is a separate vote demanded on any
amendment to the Committee amend-
ment in the nature of a substitute
adopted by the Committee of the
Whole? If not, the question is on the
amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The
question is on the engrossment and
third reading of the bill.
The bill was ordered to be engrossed
and read a third time, and was read
the third time.
The SPEAKER pro tempore. The
question is on the passage of the bill.
Mr. BROOKFIELD. Mr. Speaker,
on that. I demand the yeas and nays.
The yeas and nays were ordered.
The vote was taken by electronic
device, and there were?yeas 389, nays
7. not voting 38, as follows:
Moll No. 591
YEAS-389
Ackerman
Akaka
Anderson
Andrews
Annunzio
Applegate
Archer
Armey
Aspin
Atkins
AuCoin
Sodium
Barnard
BUMS
Bartlett
Barton
Bateman
0 1910 Bates
The Clerk announced the
pair
On this vote:
Bedell
following Bellenson
Bennett
Bentley
Bereuter
Mr. Ogley for. with Mr. Annunzio against. Berman
Mr. SILJANDER changed his vote riu
from "aye" to "no." Winkle
Messrs. FAZIO. HUGHES, TRAK- 2inej,..
LER. and APPLEGATE changed their -4)e--
Sages
votes from "no" to "aye." Boland
So the amendment was rejected. Boner (TN)
The result of the vote
flounced as above recorded.
0 1920
WU an- Bonior (MI)
Honker
Boral
Bosco
Boucher
The CHAIRMAN. The question is on B?
Boxer
the amendment in the nature of a sub- Brooks
stitute, as amended. Broomfield
".
Brown (CA)
Broyhill
Bruce
Bryant
Burton (CA)
Burton ( IN)
Bustamanta
Byron
Callahan
Carney
Carper
Carr
Chandler
Chapman
Chappell
Chapple
Cheney
Clinger
Coats
Cobey
Coble
Coelho
Coleman ( MO)
Coleman (TX)
Combest
Conte
Cooper
Coughlin
Coyne
Craig
Crane
Crockett
Daniel
Darden
Dachle
Daub
Davis
dale Gina
DeLay
Dellunui
Derrick
DeWine
Dickinson
Dicks
Dingell
DloGuardi
Dixon
Donnelly
Dorgan (ND)
Dornan (CA)
Dowdy
Downey
Dreier
Duncan
Durbin
Dwyer
Dymally
Dyson
Early
Eckart (OH)
Eckert (NY)
Edwards (CA)
Edwards (OK)
Emerson
English
Erdreich
Evans ( (A)
Evans ( IL)
Fascell
Powell
Fazio
Feighan
Fiedler
Fields '
Florio
Foglietta
Foley
Ford (MI)
Ford (TN)
Fowler
Frank
Frenzel
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H 1272
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CONGRESSIONAL RECORD ? HOUSE
Frost Manton Schroeder
Fuqua Markey Schuette
Gallo ' Martin (IL) Schulze
Garcia Martin (NY) Schumer
Gekleruion Martinez Seiberfing
Ockas Matsui Sensenbrenner
Gibbons Mavroules Sharp
Oilman . McCain Shan.
Glivlunan lifcCandles. Shelby
Gonzales McCloskey Shumway
Doodling McCollum Shuster
Gordon McCurdy Sikorski
Gradison McDade Si'Ander
Gray (IL) McEwen &Asks(
Gray (PA) McGrath Skeen
Green McHugh Skelton
Gregg McKernan Slattery
GuarInt McKinney Slaughter
0:!nderson McMillan Smith (FL)
Hall (OH) Meyers Smith (IA)
Hall. Ralph Mira Smith (NE)
Hamilton Mikulsld Smith (NJ)
Harnmerschmldt Miller (CA) Smith. Denny
Hansen Miller (OH) (OR)
Hartnett Miller (WA) Smith. Robert
Hatcher Mlneta (NH)
Hawkins Mitchell Smith. Robert
Hefner Moakley (OR)
Heftel Molinari Snowe
Hendon Mollohan Snyder
Henry Montgomery Solomon
Hertel Moody Spence
Hiler Moore Spratt
Hillis Moorhead St Germain
Holt Morrison (CT) Staggers
Hopkins Morrison (WA) Stallings
Horton Murphy ' Stange's/id
Howard Murtha Stark
Royer Myers Stertholm
Hubbard Natcher Stokes
Huckaby Neal Strang
Hughes Nelson Stratton
Hunter Nichols Studds
Hutto Nielson Stump
Hyde Nowak Sundquist
Ireland Oakes Sweeney
Jacobs Oberstar Swift
Jenkins Obey Saindall
JOIILID011 Olin 'Dillon
Jones INC) Ortiz Tauke
Jones (OK) ' Packard Tauzin
Jones (TN) Panetta Taylor
Kaniorski Parris Thomas (CA)
Kaptur Pelle Thomas (GA)
Mulch Penny Torres
Kastenmeler Pepper Tontcelll
Kemp Perkins Towns
Kennelly Petri Trelicant
Kildee Pickle Frazier
Kleczka Price Udall
Kolbe Pursell Valentine
Kostmayer Quillen Vander Jagt
Kramer Rattail Vento
LaFalce Rangel Visclosky
Lagomarsino Ray Volkmer
. Lantos Regula Vucanovich
Latta Reid Walker
teach (IA) Richardson Watkins
Leath (TX) Ridge Wiunnan
Lehman (FL) Rinaldo Weaver
Leland Ritter Weber
Lent Roberts Wheat
Levin (MI) Robinson Whitehurst
Levine (CA) Rodlno Whitley
Lewis (CA) Roe Whittaker
Lewis i FL) Roemer Whitten
Lightfoot Rogers Wirth
Livingston Rose Wise
Lloyd Roth Wolf
Loeffler Roukema Wolpe
Long Rowland (CT) Wortley
Lott Rowland (GA) Wright
Lowery (CA) Roybal Wyden
Lowry (WA) Rudd Wylie
Loftin Russo Yates
Luken Sabo Yatron
Lundine Saxton Young (AZ)
Lungren Schaefer Young (FL)
Mack Scheuer Young (MO)
MacKay Schneider
NAYS-7
Brown (CO) Gaydos Monson
Conyers Koller
Dannemeyer Marlene.
NOT VOTING-38
Addabbo Anthony Campbell
Alexander Breaux Clay
Collins Kindness Porter
Courter Lehman (CA) Rostenkowski
Edgar Lipinski Savage
Ptah Madigan Solaris
Flippo Mazzoll Synar
Franklin Michel Walgren
Gephardt Mrazek Weiss
Gingrich O'Brien Williams
Grotberg Owens Wilson
Hayes Oxley Zschau
Jeffords Pashayan .
0 1940
So the bill was passed.
The result of the vote was an-
nounced as above recorded.
The title was amended; so as to read
"A bill to provide enhanced diplomatic
security and combat international ter-
rorism, and for other purposes."
A motion to reconsider was laid on
the table.
APPOINTMENT OF ADDITIONAL
CONFER= ON HOLTSE JOINT
RESOLUTION 534, URGENT SUP-
PLEMENTAL APPROPRIATION
FOR THE DEPARTMENT OF AG-
RICULTURE, 1988
Mr. WHITTEN. Mr. Speaker. I ask
unanimous consent that the Speaker
be authorized to appoint an additional
conferee on the part of the House at
the further conference with the
Senate on the joint resolution (RJ.
Res. 534) making an urgent supple-
mental appropriation for the Depart-
ment of Agriculture for the fiscal year
ending September 30. 1988. and for
other purposes.
The SPEAKER pro tempore. Is
there objection to the request of the
gentleman from Mississippi? The
Chair hears none and, without objec-
tion, appoints the following conferee:
Mr. CONTE.
There was no objection.
The SPEAKER pro tempore. The
Clerk will notify the Senate of the
change in conferee.
CONFERENCE REPO,RT ON
OLDER AMERICANS ACT
AMENDMENTS OF 1988
Mr. KILDEE. Mr. Speaker, I call up
the conference report on the bill (H.R.
2453) to amend the Older Americans
Act of 1985 to increase the amounts
authorized to be appropriated for
fiscal years 1985, 1988, and 1987 for
commodity distribution, and for other
purposes, and ask for its1 immediate
consideration.
The Clerk read the title of the bill.
(For conference report and state-
ment, see proceedings of the House of
March 10, 1986.) ,
The SPEAKER pro tempore. Pursu-
ant to the rule, the conference report
Is considered as having been read.
The gentleman from Michigan (Mr.
Knzizzl will be recognized for 30
utes and the gentleman from Iowa
Mfr. TAIIKE] will be recognized for 30
minutes.
' The Chair recognizes the gentleman
from Michigan (Mr. Kn.naz].
March 18, 1986
Mr. KILDEE. Mr. Speaker, I yield
myself such time as I may consume.
(Mr. KILDEE asked and was given
permission to revise and extend his re-
marks.)
Mr. KILDEE. Mr. Speaker, both
House and Senate bills addressed a
shortfall in the Older Americans Nu-
trition Program. The House bill passed
unanimously on September 24, 1985.
The Senate bill passed unanimously
on February 5, 1988. Under this pro-
gram, The Secretary of Agriculture re-
imburses each State based on the
number of congregate and home-deliv-
ered meals served under an approved
title III plan.
The conference agreement main-
tains the level of reimbursement at
56.76 cents per meal for 3 years. The
agreement also replaces such sums
language In the House bill with specif-
ic authorization figures which the con-
ferees believe will be adequate to allow
reimbursement at this figure.
The conferees also dropped the
House provision for a CPI adjustment
in the rate of reimbursement for the
third year of the bill.
I wish to commend my colleagues on
the Republican side, particularly Mr.
TAIT= We have worked closely to
make sure that we take care of this
human need, while recognizing the
fiscal needs of the Federal Govern-
ment. This is truly a bipartisan agree-
ment, both in the House and in the
Senate, and I urge its adoption.
Mr. Speaker, I yield such time as he
may consume to the gentleman from
New York (Mr. Elmo).
Mr. BIAGGI. I thank the gentleman
for yielding.
I am just delighted that we have
reached this point in the history of
this legislation. As the author of the
original version of H.R. 2453 we are
proud of the fact that we have effect-
ed these compromises. But that would
not have been possible except for the
tireless leadership of the chairman of
the Subcommittee on Human Re-
sources, the gentleman from Michigan
mfr. Miami who was a tireless pro-
tector of the Older American Nutri-
tion Program. ?
This bill averts the threatened re-
duction of some 2 million meals. What
it does further, it would authorize
$127 million for fiscal year 1985. $144
million for 1988 and 1087. In the end it
will evoke a nationwide sigh of relief
from thousands of dedicated people
who are in the business of providing
meals for elderly indivich:als in this
program.
As we celebrate the 20th anniversary
of the Older Americans Act, we go for-
ward notwithstanding Gramm-
Rudman in preserving the level of
funding for the Elderly Nutrition Pro-
gram so critical for the millions of el-
derly out there who require one meal
Per day to keep them functioning and
nutritionally sound.
Once again I am grateful to the gen-
tleman (Mr. Kitrizal for yielding this
a/ f ?
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