KERRY/LUGAR INTRODUCE SENATE COMPANION TO BERMAN ANTI-TERRORISM BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T00234R000300340005-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 27, 2016
• Document Release Date: September 9, 2013
• Sequence Number: 5
• Publication Date: September 20, 1988
• Content Type: MEMO

Declassified in Part - Sanitized Copy Approved for Release 2013/09/10: CIA-RDP89T00234R000300340005-3
MEMORANDUM FOR:
FROM:
OGC
20 September 1988
CCA 3122-88
Legislation Division
Office ot Congressional Affairs
SUBJECT: Kerry/Lugar Introduce Senate Companion to
Berman Anti-Terrorism Bill
1. Attached for your information are the remarks of
Senators Kerry and Lugar upon introduction of S. 2776, the
Senate companion to H.R. 3651, the Berman anti-terrorism bill
which passed the House on 24 May of this year.
2. As you will recall, several changes were made in
H.R. 3651 at the Agency's behest prior to House passage to
protect Agency equities in the area.
3. In their remarks, Senate sponsors urge action on the
bill before the session's end. We understand there is an
effort in the House to attach the bill to a minor foreign
affairs authorization bill. It is, however, not certain there
will be sufficient time for final Congressional action before
the end of the session in October.
4. We will keep you informed of the legislation's progress.
Attachment
OCA/LEG
(19 September 1988)
Distribution:
Original - Addressees
1 - D/OCA
1 - DDL/OCA
1 - OCA Records
1 - OCA/Leg/Subject File: Terrorism
1 - PS Signer
1 - OCA Read
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September 18, 1988 CONGRESSIONAL RECORD ? ShIll ATE
(B) One member of the House of Repre-
sentatives shall be appointed by the Speak-
er of the House of Representatives, and one
member of the House of Representatives
shall be appointed by the minority leader of
the House of Representatives.
(C) Six members shall be appointed by the
President, at least two of whom shall be rep-
resentatives of private sector employers.
in-
cluding mall business, and at least two
shall be representatives of organized labor.
Such members shall be appointed by virtue
of demonstrated experience in relevant
family, temporary disability, and labor-man-
agement issues.
(DI Three members shall be?
(i) the Secretary of Health and Human
Services;
(it) the Secretary of Labor; and
(iii) the Director of the Office of Person-
nel Management.
(b) VACANCIES.?Any vacancy on the Com-
mission shall be filled in the same manner
in which the original appointment was
made.
(c) CHAIRPERSON AND VICE Cirsnierasow.?
The Commission shall elect a chairperson
and a vice chairperson from among the
members of the Commission.
(d) Qoostim.?Eight members of the Com-
mission shall constitute a quorum for all
purposes, except that a lesser number may
constitute a quorum for the purpose of
holding hearings.
Sac. am. COMPENSATION.
(a) PAT.?Members of the Commission
shall serve without compensation.
(b) TRAVEL Exislasszs.?Members of the
Commission shall be allowed reasonable
travel expenses, including a per diem allow-
ance. in accordance with section 5703 of
title 5, United States Code, while perform-
ing duties of the Commission.
SEC. 305. POW ER&
(a) MErrisos.?The Commission shall first
meet not more than 30 days after the date
on which all members are appointed. The
Commission shall meet thereafter on the
call of the chairperson or a majority of the
members.
(b) HEARINGS AND SEssiows.?The Commis-
sion may hold such hearings. sit and act at
such times and places, take such testimony,
and receive such evidence as the Commis-
sion considers appropriate. The Commission
may administer oaths or affirmations to wit-
nesses appearing before the Commission.
(e) ACCESS ro Irsrosstsrron?The Commis-
non may secure directly from any Federal
mosey information necessary to enable the
Commission to carry out this Act. On the
.Iequest of the chairperson or vice chairper-
len of the Commission, the head of the
lieency shall furnish the information to the
Ontimission.
Exico.rtvr DIRECTOR.?The Commis-
Ion may appoint an Executive Director
ban the personnel of any Federal agency
*Resist the Commission in carrying out the
*Ms of the Commission.
"siss USE OF SERVICES AND PACIL/TIES.?On
libarequest of the Commission, the head of
Federal agency may make available to
Commission any of the facilities and
of the agency.
PENSGENNEL FROM OTHER AGENCIES.-011
ISIVIDEEL of the Commission, the head of
"%Metal agency may detail any of the
of the agency to assist the Corn-
in carrying out the duties of the
TaninivrioN.
Commission shall terminate 30 days
$ilie (bite of the silty/mission Of the final
Use Commission to Congress.
By Mr. KERRY (for himself, Mr.
LuGAR and Mr. LArrEltiumG).
S. 2776. A bill to prohibit exports of
military equipment to countries sup-
porting international terrorism, and
for other purposes; to the Committee
on Foreign Relations.
ANTITERRORISM AND ARMS EXPORT
AMENDMENTS ACT
? Mr. KERRY. Mr President, today
Senator RICHARD LUGAR, Senator
FRANK LAUTENBENG and myself are in-
troducing legislation which would
close major loopholes in existing laws
governing arms sales to countries that
support international terrorism.
This measure, which passed the
House of Representatives with strong
bipartisan support on March 24, 1988,
represents a long overdue revision of
the arms export control laws. The
principal sponsors of the measure on
the House side, which passed by a
voice vote, were HOWARD L. Bitasssx,
and HENRY J. HYDE.
Basically, this measure adds new
prohibitions on arms sales to countries
found by the Secretary of State to
support international terrorism. Cur-
rently, Cuba, Iran, Libya, North
Korea, South Yemen and Syria are on
the Secretary's list.
In addition, while U.S. Government
arms sales to terrorist countries have
been prohibited by law since 1986, this
legislation would extend that prohibi-
tion to sales by private companies, in-
cluding those located overseas but
owned by U.S. citizens. Private compa-
nies also would be barred from making
an arms sale if they have reason to
know that the weapons will reach a
terrorist-supporting country.
This legislation does provide flexibil-
ity to the President. The President
could waive, on a case-by-case basis,
the ban on arms sales to terrorist
countries if he makes a determination
that it is in the national security inter-
ests of the United States to do so. Con-
gress would have to be notified by the
President 15 days in the advance of
such a sale.
However, if the 15-day advance noti-
fication inhibits the President's ability
to respond to an emergency situation,
our legislation allows the President to
use existing special authority in sec-
tion 614 of the Foreign Assistance Act
to avoid the 15-day advance notice.
The legislation stipulates that under
exceptional circumstances where time
is of the essence the President would
have to notify the Congress about the
planned sale at least 24 hours in ad-
vance of such a sale.
The major provisions of the bill in-
clude the following:
Section 40 of the Arms Export Con-
trol Act, which prohibits exports of
arms to terrorist states is significantly
strengthened by this legislation. Pro-
hibited transactions are listed in
detail, both with respect to U.S. Gov-
ernment activities and private transac-
tions.
Section 3(f) of the Arms Export
Control Act Is repealed. This is the
S 12409
original antiterrorism provision of the
Act, which would be superseded by the
revised section 40 prohibition.
Section 38(aX2) of the Arms Export
Control Act is amended to further ob-
ligate the Director of the Arms Con-
trol and Disarmament Agency to
evaluate how a sale of munitions items
by the Government would or would
not support international terrorism.
Section 6(j) of the Export Adminis-
tration Act, which regulates the
export of goods and technology of sig-
nificant military or of terrorist value
to terrorist states, is amended in two
ways. First, to remove the current $1
million annual threshold amount
under which the Executive currently
does not have to report to Congress
exports of such goods and technology
to terrorist states. Second, to require
validated licenses for all such exports
to terrorist states and 30-day prior no-
tification to Congress of the proposed
Issuance of a validated license. Section
6(1) also is amended to conform to the
recission authority under that section
with the recission authority available
under new section 620A of the Foreign
Assistance Act of 1961.
Section 6(j)(1)(B) of the Export Ad-
ministration Act of 1979 is amended to
require that the Secretary of State's
second determination be one regarding
which the export of the goods and
technology could make a significant
contribution to the military potential
of a terrorist country or could enhance
the ability of such country to support
acts of international terrorism.
Section 620A of the Foreign Assist-
ance Act of 1961 is amended to con-
form it with other changes in the law,
particularly the revision of section 40
of the Arms Export Control Act.
There is a classification that the Presi-
dent cannot use humanitarian reasons
to justify a waiver of the antiterrorism
prohibition for the purpose of provid-
ing any security assistance under part
II of the Foreign Assistance Act of
1961 or by the Export-Import Bank.
Section 36 of the Arms Export Con-
trol Act, which requires certain re-
ports to the Congress about commer-
cial and governmental military exports
is amended to add two provisions.
First, quarterly reports listing all Pres-
idential consents to transfers of muni-
tions list items, exceeding $1 million in
value, from a recipient country to a
third country under the authority of
sections 3(a) or 38 of the Arms Export
Control Act or section 505 of the For-
eign Assistance Act of 1961.
Second, quarterly reports?classified
if necessary?of interagency transfers
of munitions list items which will not
ultimately be disposed of within the
United States but excluding from the
report those munitions list items
which are used solely in connection
with intelligence activities and are
subject to other reporting require-
ments under the National Security
Act.
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11,
S 12410 CONGRESSIONAL RECORD ? SENATE
This bill is the same as H.R. 3851
which passed the House by a voice
vote on May 24 of this year. The
Office of Management and Budget
Issued a statement stating that the ad-
ministration did not oppose H.R. 3651
at the time the legislation was sched-
uled for full House action.
As Congressman Ems noted during
the House debate on this measure:
As serious terrorist acts proliferate and
the global community struggles to respond
effectively, it is now more important than
ever that the United States have a consist-
ent. dearly stated terrorist policy. This leg-
islation is designed to help fill this need.
Finally, this legislation, as was point-
ed out in the floor debate, does not in-
trude upon the responsibilities of
either the House or Senate select com-
mittee's responsibilities oversight re-
sponsibilities for intelligence or covert
activities.
Those of us who are sponsoring the
Senate companion measure to H.R.
3651 urge our colleagues to move expe-
ditiously on this legislation to assure
that it becomes law before the end of
this session of the-U.S. Congress.*
? Mr. LUGAR. Mr. President, I am in-
troducing the Antiterrorism and Arms
Export Amendments Act of 1988,
which would prohibit the exports of
military equipment to countries sup-
porting international terrorism. I am
pleased to join Senators KERRY and
LAIITERIBERG RS original sponsors of
this legislation.
This legislation has already passed
the House by a strong bipartisan vote
of 411 to 20 on May 24. This bill is in-
tended to accomplish several objec-
tives: It will close many of the loop-
holes now in the law pertaining to sell-
ing and transferring defense articles to
third countries; it provides stiff penal-
ties for violators of the law against the
sale of military goods to countries on
the Secretary of State's terrorist list;
and it streamlines the conflicting,
overlapping and sometimes contradic-
tory provisions on the law dealing with
military exports to terrorist states.
The bill also mandates a new report-
ing and informing requirement on
arms sales, including covert sales and
transfers. Because there are always
unanticipated circumstances and ex-
ceptions, the bill retains existing Pres-
idential waiver authority if time is lim-
ited and the relevant committees are
consulted.
Mr. President, I noted that the
House has already passed H.R. 3651.
They have done the hard work, hear-
ings were held in the Foreign Affairs
Committee and the Permanent Select
Committee on Intelligence, there was
extensive consultation between the
Congress and the executive branch
and with various interested parties in
the private sector. This legislation, as
passed in the House, was not opposed
by the administration because it did
not and is not intended to limit the
President's discretionary authority in
this area.
Our laws dealing with U.S. antiter-
rorist policy is included in four major
statutes: The ? Arms Export Control
Act, the Export Administration Act,
the Foreign Assistance Act, and the
Hostage Act. Regrettably, there are
nations and groups supported by these
nations who are bent on committing
acts of terrorism. This is an unfortu-
nate fact of life. This legislation will
not prevent international terrorist
acts, but it will clarify the boundaries
of what is permissible and what is pro-
hibited hi U.S. law with regard to ter-
rorist states. It will ensure sufficient
clarity in the law against the sale of
military goods to terrorist states so
that those who seek to violate this
prohibition cannot claim ambiguity,
uncertainty and inconsistency in the
statutes.
This bill will go a long way in deter-
ring 17.S:origin military and military-
related sales to terrorist states. In the
absence of effective deterrence against
international terrorism, this bill pro-
vides stiff criminal and civil penalties
to violators of our law against military
sales to terrorist states.
Mr. President, this is a well-re-
searched bill, it deserves and has re-
ceived careful consideration and
merits immediate approval in the
Senate. I would hope that the Senate
acts quickly and decisively to pass this
bill and send it to the President prior
to adjournment.*
By Mr. STEVENS:
S. 2777. A bill to authorize a certifi-
cate of documentation for the vessel
Gipsy; to the Committee on Com-
merce, Science, and Transportation.
DOCUMENTATION OF VESSEL GIPSY
? Mr. STEVENS. Mr. President, I am
introducing today a bill to authorize
Issuance of a certificate of documenta-
tion for the sailing vessel Gipsy so
that this Danish-built wooden ketch
can be used for charter cruising in the
waters of southeast Alaska.
Section 27 of the Merchant Marine
Act of 1920, commonly known as the
Jones Act, coupled with the Coast
Guard documentation provisions of
title 46 of the United States Code, re-
quire that vessels engaged in the do-
mestic coastwise trade be built and
documented in the United States. A
vessel may not be documented if it was
built abroad, or has been owned by a
person other than a citizen of the
United States.
The vessel Gipsy?official No.
903276?is a 65-foot gaff rigged ketch.
Built of solid oak in 1932 at Skagen,
Denmark, the 66-ton Gipsy was con-
structed when wooden boat building
was at its peak for vessels of this type
and size. Bill and Toni Shattenberg of
Juneau, AK, are the first American
owners of the Gipsy, and currently use
the vessel as their office and home.
The Gipsy received the Slocum Award
for outstanding sailing feats for her
passage through the Straits of Magel-
lan, and was on display as an historic
vessel in the 1986 World's Fair in Van-
September 1S, 1988
couver. The Shattenberg's would like
to charter the Gipsy for pleasure
cruises so that others might have the
chance to experience sailing on a tra,.
ditional gaff rigged ketch.
The problem is that the chartering
of the Gipsy, as the Shattenberg's pro-
pose, constitutes coastwise trade under
the Jones Act. In order to obtain the
necessary documentation for such
trade, the law requires that the vessel
be built in the United States and be
owned throughout its history by U.S.
citizens.
As the Gipsy was built in Denmark,
and the Shattenberg's are the first
U.S. owners in the vessel's 56-year his-
tory, a legislative waiver is needed to
allow them to share this unique nauti-
cal treasure with the American public.
This bill provides the requisite legisla-
tive waiver, and I look forward to its
adoption.
Mr. President, I ask unanimous con-
sent that the text of the bill be print-
ed in the RECORD at this time.
There being no objection, the bill
was ordered to be printed in the
RECORD, RS follows:
8.2177
Be it enacted by the Senate and Rouse of
Representatives of the United States of
America in Congress assembled, That not-
withstanding sections 12105, 12108. 12107,
and 12108 of title 46, United States Code,
and section 27 of the Merchant Marine Act,
1920 (46 App. U.S.C. 883), as applicable on
the date of enactment of this act, the Secre-
tary of the department in which the Coast
Guard is operating may issue a certificate of
documentation for the vessel Gipsy, United
States official number 903276.?
By Mr. LEVIN (for himself and
Mr. Rums):
S. 2778. A bill to establish a pilot
program for the tracking of medical
wastes in the States bordering the
Great Lakes; to the Committee on En-
vironment and Public Works.
GREAT LAKES STATES MEDICAL WASTE
TRACKING ACT
Mr. LEVIN. Mr. President, on a very
Important environmental matter, we
In the Great Lakes region?a unique
region not only in this country but in
the world?were appalled to learn that
medical wastes had been found along
the beaches on the western side of
Michigan over this past weekend. In
Oceans County near Pentwater, about
200 syringes were found in one area,
and more syringes, surgical gloves, and
other wastes were found in another
area. Because of the uncertainty of
the origin of this waste and whether it
was diseased, these findings necessitat-
ed closing the contaminated beaches.
The Coast Guard found more debris,
still floating off-shore during surveil-
lance flights over the area. Concern
about water contamination from the
debris prompted officials to ask boat-
ers to stay one-half mile away from
shore over a stretch of beach 6 miles
long.
While we have all been aware of the
problem of medical wastes washing up
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