ML20207S972
| ML20207S972 | |
| Person / Time | |
|---|---|
| Issue date: | 07/25/1986 |
| From: | Burnett R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19310E127 | List:
|
| References | |
| FRN-51FR40438, RULE-PR-73 AC27-2-08, AC27-2-8, NUDOCS 8703230007 | |
| Download: ML20207S972 (59) | |
Text
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JUI.25 g BRAR MEMORANDUM FOR: Victor Stello, Jr. l Executive Director for Operations THRU: John G. Davis, Director Office of Nuclear Material Safety and Safeguards FROM: Robert F. Burnett, Director Division of Safeguards, NMSS
SUBJECT:
PROPOSED AMENDMENT TO 10 CFR PART 73, " REQUIREMENTS FOR CRIMINAL HISTORY CHECKS" Attached for your signature is a Federal Register notice (Attachment 1) amending 10 CFR Part 73, " Physical Protection of Plants and Materials," to add a new amendment. This amendment will implement procedures for the control and use of criminal history data received.from tna Federal Bureau of Investigation (FBI) as part of proposed Federally-mandated criminal history checks of individuals granted unescorted access to nuclear power plants or access to Safeguards Information by power reactor licensees.
The pending legislation, the Nuclear Power Plant Security arid A'nti-Terrorism
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Act of 1985, S.274/H.R. 3330, would require the NRC to issue this regulation in order to (1) implement procedures for the taking of fingerprints, (2) establish conditions for the use of the criminal history data to include limits on redissemination and assurance that the information is used solely for its intended purpose, and (3) provide individuals subject to finger-printing the right to complete and correct information contained in their criminal history records prior to any final adverse action. Licensees cannot have access to the FBI criminal history data provided by the legi-slation until NRC has established regulations for the control and use of the data. It is believed the legislation will pass Congress this year.
For this reason, these proposed amendments are being issued at this time to minimize the time period between legislation enactment and final rule promulgation.
Notices: The Regulatory Analysis and Backfit Analysis (Attachments 2 and
- 3) will be placed in the Public Document Room. A public announcement will be issued (Attachment 4). The appropriate Congressional Committees will
' be advised of these actions (Attachment 5). A note regarding the issuance of tha rule will be included in the next Weekly Report to the Commission .
(Attachment 6).
07/25/86 -
10 CFR 73 CRIM HIST FRN 8703230007 870318 R PDR ENCLOSURE 1 51 40438 _
Victor Stallo, Jr. .
Coordination: The Office of Administration, the Office of Inspection and Enforcement, the Office of Nuclear Reactor Regulation, and the Office of Public Affairs concur in this matter. The Office of the General Counsel has no legal objection.
Dobert F. Burnett, Director Division of Safeguards, NMSS
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Attachments:
- 1. FR Notice of Proposed Rulemaking
- 2. Regulatory Analysis
- 3. Backfit Analysis
- 4. Draft Public Announcement
- 5. Draft Congressional Letter
- 6. Oraft Weekly Report to the ,
Commission e
4 e
07/25/86 10 CFR 73 CRIM HIST FRN
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Approved for Publication \
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delegated to the EDO (10 CFR 1In a final ru 9,1982 (47 FR 11816), the C promulgate limitations rules as defined i
. Office of the Executive 039, and 0310 n the APA Directof the (5
, Orga NRC U.S.C.
Manual evelop 551 ommission Chapter and (4 ect to th or for Operations,nization paragraphs and Functions,e The enclosed proposed rule entitl Checks" 0213, 038, This ame,ndment provides requiamends 10 CFR P history data received from th g a new requirement s ory Federally mandated criminal e Federal hi access to nuclear power plants o Bureau of ofcriminal Investigati guards of these plants bystory rpowe checks of individuals g on as part o sensitive infor This proposed rule does r reactor licensees.mation regarding the sa
~ part C.
nor does I therefore it amend regulations conot s constitute a sig authority and am proc. find ntained in 10 this rule CFRthe within Part 0, 2on of policy, eeding to issue it. 7, 8, 9 Sub-
. scope of my r,ulemaking Date Victor Stello, Jr.
Executive Director for Operati ons l
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[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Part 73 Requirements for Criminal History Checks AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed Rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) proposes to add a new requirement, 10 CFR 73.57, for the control and use of criminal history data received from the Federal Bureau of Investigation (FBI) as part of proposed Federally-mandated criminal history checks of individuals granted unescorted access to nuclear power plants or access to Safeguards Information by power reactor licensees. Issuance of this regulation is required under the provi-sions of the proposed legislation. '
OATES: Submit comments by .
Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given unless comments are received on or before this date.
ADDRESSES: Send comments to: Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch. Deliver comments to: Room 1121, 1717 H Street, NW, Washington, DC, between 8:15 am and 5:00 pm.
" Insert 30 days after date of publication in Federal Register.
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Examine comments received and the regulatory analysis at: The NRC Public Document Room, 1717 H Street, NW, Washington, DC 20555.
FOR FURTHER INFORMATION CONTACT: Kristina Jamgochian or Priscilla Dwyer,
, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)427-4754 or 427-4773, respectively.
SUPPLEMENTARY INFORMATION: The proposed Nuclear Power Plant Security and Anti-Terrorism Act of 1985 (S.274/H.R. 3330) would require nuclear power reactor licensees to conduct criminal history checks through the use of FBI criminal history data on individuals with unescorted facility access or access to Safeguards Information. The proposed legislation re'quir'Es'the'NRC to issue regulations to establish conditions for the use and control of the criminal history data received from the FBI. These conditions include procedures for the taking of fingerprints, limits on use and redissemination of criminal history data, assurance that the information is used solely for its intended purpose, and provision that individuals subject to fingerprinting are provided the right to complete and correct information in their criminal history records prior to any final adverse action. b' u i l
The Commission has endorsed this legislation in the past based upon the belief that background investigations are an important element in pro-tecting against an insider threat at nuclear power reactors. Background investigations can provide an indication of an individuals reliability, stability, and trustworthiness in a nuclear setting. An individual's cri-minal history record is a crucial component of a background investigation.
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[7590-01] l
' Presently, only a few states provide authority for private employer access ,
wy y . -m a v 4e the national criminal history files maintained by the FBI; others-pro-
. ,, r , . -- -
-L- '
v4de' a-mechanism for approval / disapproval of private requests.for this .
information. Most checks by nuclear power reactor licensees are limited ., .
to state or local files which do not include an individual's past criminalDf history in other areas of the country. The proposed " Nuclear Power Plant . -.
Security and Anti-Terrorism Act of 1985," 5.274/H.R. 3330, would require all nuclear power reactor licensees to conduct criminal history checks of ' *(' .
individuals with unescorted facility access or access to Safeguards Infor-j , .
e.... .. ; ,
mation through the use of nationwide FBI criminal history data. F u rthe r , '. . . . ,.', ...
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at FBI request, the. legislation would require criminal histcry check
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. requests from licensees to be funneled through the-#RG to minimize the number of points of contact with the FBI. ' it- 'M Oc-> - ' ' '
yo .x e o , ,, u ' , ,c .
L'icensees'cannot h' ave access to the FBI criminal history data provided by the legislation until the NRC has established regulations for the control and use of the data. It is believed the legislation will pass Congress this year. For this reason, these proposed amendments are issued at this time to minimize the time period between legislation enact-ment and final rule promulgation.
ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION l
l-l The NRC has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(3). Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.
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[7590-01]
PAPERWORK RE00CTION STATEMENT
. This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
REGULATORY ANALYSIS The Commission has prepared a regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The analysis is available for inspection in the NRC Public Document Room, 1717 H Street, NW, Washin~gton, DC 20555. Single copies of the analysis may be obtained from Kristina Jamgochian, Safeguards Reactor Regulatory Requirements Section, Division of Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)427-4754.
REGULATORY FLEXIBILITY CERTIFICATION l
Based on the information available at this stage of the rulemaking l
proceafing and in accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission hereby certifies that if promulgated, this rule will not have a significant economic impact upon a substantial number of small entities.
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The proposed rule affects licensees who operate nuclear power plants under 10 CFR Parts 50 and 73. The companies that own these plants do not fall within the scope of the definition of "small entities" set forth in S 605(b) of the Regulatory Flexibility Act of 1980, or within the defini-tion of Small Business Size Standards set out in regulations issued by the Small Business Administration in 13 CFR Part 121.
BACKFIT ANALYSIS The staff has prepared a backfit analysis on this proposed ,
regulation. The findings of this analysis indicate that the proposed rule will result in a substantial increase i*n the overall protection of the public health and safety, and direct and indirect costs are justified f ri ' view of the increase in protection. The analysis is available for inspection in the NRC Public Document Room,1717 H Street, NW, Washington, DC. Single copies of the analysis may be obtained from Kristina Jamgochian, Reactor Regulatory Requirements Section, Division of Safeguards, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 427-4754.
LIST OF SUBJECTS IN 10 CFR PART 73 Part 73 - Hazardous materials - transportation, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting requirements, Secu-rity measures.
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For the reasons set out in the preamble and under the' authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, notice is hereby given that adop-tion of the following amendments to 10 CFR Part 73 is contemplated.
PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS
- 1. The authority citation for CFR Part 73 is revised to read as
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follows:
i AUTHORITY: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, 88 Stat. 1242, as amended, sec. 204, 88 Stat.1245 (42 U.S.C. 5841, 5844).
Section 73.37(f) is also issued under sec. 301, Pub. L.96-295, 94 Stat.'789 (42 U.S.C. 5841 note).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); SS 73.21, 73.37(g), 73.55 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); SS 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, 73.67 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and SS 73.20(c)(1),
73.24(b)(1), 73.26(b)(3), (h)(6), and (k)(4), 73.27(a) and (b), 73.37(f),
73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(fii)(B) and (h), 73.55(h)(2), and (4)(iii)(B), 73.70, 73.71, 73.72 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
- 2. A new S 73.57 is added to read as follows:
S 73.57 Requirements for criminal history checks of individuals granted unescorted access to nuclear power plants, or access to Safeguards Infor-mation by power reactor licensees.
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[7590-01]
(a) General.
(1) Each licensee who is authorized on [date final rule is published in the Federal Register] to operate a nuclear power reactor under Part 50 shall comply with the requirements of this section. By (90 days from the effective date of this amendment) each licensee shall submit to the Director of Nuclear Reactor Regulation,-U.S. Nuclear Regulatory Commis-i sion, Washington, DC 20555 proposed amendments to his security plan '
which define how the requirements of this section will be met. Each submittal must include a proposed implementation schedule for Commission approval. The requirements of this section'must be implemented by the licensee within 180 days after Commission approval of tha licensee's proposal.
(2) Each applicant for a license to operate a nuclear power reac-tor' porsuant to Part 50 of this chapter, whose application was submitted i
prior to [date final rule is published in the Federal Register] shall submit by [90 days from the effective date of this amendment] to the Director of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commis-sion, Washington, DC 20555, proposed amendments to his security plan which define how the requirements of this section will be met Each submittal must include a proposed implementation schedule for Commission I
approval. By [180 days after final rule is published in the Federal Register], or on the date of receipt of the operating license, which-ever is later, the licensee shall comply with the requirements of this section and with its Commission approved plan.
(3) Each applicant for a license to operate a nuclear power reactor pursuant to Part 50 of this chapter whose application is submitted after
[date final rule is published in the Federal' Register] shall include in 07/25/86 7 10 CFR 73 CRIM HIST FRN l
[7590-01]
its application provisions describing how the applicant plans to meet the requirements of this section. The applicant shall comply with the require-ments of this section and with its Commission approved plan upon receipt of an operating license.
(b) General performance objective and requirements.
(1) Public Law ( ) requires licensees subject to the provisions of this section to fingerprint each individual who is aranted by the lican-see unescorted access to the protected or vital areas of a nuclear power plant or access to Safeguards Information. The licensee shall notify each such individual that the fingerprints will be used to secure a review of the criminal history records of the Federal Bureau of Investication and
-that a record which includes arrests or convictions for any felony or j series of lesser offenses indicating criminal tendencies may impact upon the' iWdividual obtaining unescorted facility access or access to Safeguards Information.
(2) All fingerprints obtained by the licensee as required by public law shall be submitted to the Attorney General of the United States through the NRC.
(3) The licensee shall use the information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for unescorted access to a protected area or vital area or access to Safeguards Information.
(4) The licensee shall not base a final determination to deny an individual unescorted access to a PA or VA or access to Safeguards Infor-mation solely upon:
(i) an arrest more than 1 year old for which there is no information of the disposition of the case, or 07/25/86 8 10 CFR 73 CRIM HIST FRN
[7590-01]
(ii) an arrest that resulted in dismissal of the charge or an acquittal, f5) The licensee shall not use information obtained as part of a l l
crimir.al history check in a malicious or capricious manner or for purposes l A-other than described in this section.
(6) - Any denial, revocation, or suspension of unescorted access to a facility's protected or vital areas or access to Safeguards Information resulting from the information derived from a criminal history check and
, , for which this section is cited as authority shall be based solely upon consideration that the individual has been arrested or convicted of any felony or series of lesser offenses indicating criminal tendencies.
. (7) This section does not authorize any activity by the licensee or any other person that would infringe upon the rights of any individual under'the First Amendment to the Constitution of the United States, nor
, any activity that would discriminate among individuals on the basis of race, religion, national origin, sex, or age.
(c) Procedures for orocessing of fingerprint checks.
- - (1) For the purpose of complying.with this section, licensees shall submit two (2) completed standard fingerprint cards (form FO-258) for each i
l individual requiring unescorted access to protected or vital areas or access to Safeguards Information to the Director, Division of Security, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Copies of these forms may be obtained by writing: 'rc , AJ K CL .
(2) The NRC will review applications for FBI criminal history checks for completeness. Any form FD-258 containing omissions or evident errors will be returned to the licensee for corrections. The licensee will bear the cost for review and return of incorrect or incomplete applications.
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, (3) Fees for the processing of FBI fingerprint checks are due upon application. Licensees shall submit payment for the processing of finger-
, prints through certified check, cashier's check, or money order made pay-able to "U.S. NRC", at the rate of d15/00/ fingerprint check. A fee of l
$15.00 will also be charged for each application returned to a licensee by the NRC because of errors or omissions. One payment for multiple applications is acceptable.
(4) The NRC will forward to the appropriate licensee all data re-ceived from the FBI as a result of the licensee's application (s) for
- criminal history checks. - -
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(d) Right to correct and complete information.
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[ (1) Prior to any' adverse action the licensee shall make available i
to the individual the contents of records obtained from the FBI for the purpose of a'ssuring correct and complete information.
(2) If after reviewing the record, an individual believes that it is incorrect or incomplete in any respect'and wishes changes, corrections, or updating of the alleged deficiency, the licensee shall inform the a
j individual of proper procedures for revising the record. These proce-dures include direct application to the agency which contributed the questioned information or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the
, Assistant Director for the FBI Identification Division, Washington,
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DC 20537. In the latter case, the FBI then forwards the challenge J'Yb
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g to the agency which submitted the data requesting that agency to verify or correct the challenged entry. Upon receipt of an official communica-tion directly from the agency which contributed the original informa-tion, the FBI Identification Division makes any charqes necessary in 07/25/86 10 10 CFR 73 CRIM HIST FRN
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S, accordancy with the informatich sup ilied by that igency. , The licensee
, shallnotgrantunescortedfacility' access,accessN.cSafeguinrdsInforma- I tion oc_take-adverse action on.the individuai prior to resolution of a challence. ~ '
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(e) Protection of information.
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Q) Each licensee who collects criminal history data on an employee
. . . . . , , . ,. (. . .., 'i ~ '
as a result of public law shall establish and maintain a" system of files and proh disres for protection of the pcrsonal informati .
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(2) The hcensee shall not disclose the personal information 1 '
cfilected (a,r,ri saintained to persons other than the subject individual, his;represtatative, or to those who'have a need to have< access to the.
information in performino assigned duties in the process of grantinc or
, denying unescorted access to a facility's protected and v hal areas or ac6est to Safeguards Information.
(3) The licensee shall make criminal history files available for x%'
examination onsite by an authorized representative of the NRC to detb~
mine compliance with approved plansc regulations, tand laws. / ,!
(4) The licensee shall retain alleriminalhistorydatareceived -
from the'F3I on an individual (includihg data indicatingino record) for Z s
three years after termination of unescorted access to~the facility's pro-tected and vital areas, or access to Safeguards Information.'
l Dated at Bethesda, Maryland this , day of , 1986.
F3 r the Nuclear Reculatory Commission
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^ Victor Stello, Jr. -
, Execut'ive Director for'0perations l
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, - - - . . , . , . , - . , -..-.------.-,,_s_,n-_ -,e.- , -xuj_ u ,_ _ _ . - , - - - . . . - . - - . , - - - - - - -- - - . - - - - - - - - - - - - - - - -
y REGULATORY-ANALYSIS REQUIREMENTS FOR CRIMINAL HISTORY CHECKS I
, 10 CFR PART 73 l
- 1. ACTION - PROPOSED RULE 1.1 Description J
The Commission proposes to add a new requirement,10 CFR 73.- 57, for the control and use of criminal history data received from the Federal Bureau of Investigation as part of' Federally-mandated criminal history checks of individ- ,
uals with unescorted access to nuclear power plants, or individuals granted access t,o Safeguards Information by power reactor licensees.
- 1. 2 Need for the Rule The Nuclear Power Plant Security and Anti-Terrorism Act of 1985 (S.274/
H.R. 3330) requires ' nuclear power plant licensees to conduct criminal history checks through the use of Federal Bureau of Investigation (FBI) criminal t history data on individuals with unescorted facility access or access to Safe-
, guards Information. This data is made available t) the private sector only through state-ee Federal law. The aforementioned legislation requires the NRC to issue regulations to establish conditact , 7c 4 he use and control of the criminal history data received from the FBI. These conditions include proce-dures for the taking of prints, limits on use and redissemination, assurance that the information is used solely for its intended purpose, and provision that individuals subject to fingerprinting are provided the right to complete and correct information um n. .in..their. crim.inal c
. history re. cords prior to any final
.. e
- , ' adverse action, It is im,portant that indi'iduals v granted unescorted access to 1
l 07/25/86 1 REGU ANALYSIS 10 CFR 73
i sensitive areas within the reactor facility or access to Safeguards Information be subject to FBI criminal history checks to help assure that these individuals do not have a criminal history bearing upon their personal trustworthiness and reliability.
- 2. IMPACT ON THE NRC 2.1 Developmental Impact NRC anticipates no significant developmental cost resulting from this pro-posed rule.
2.2 Implementation Impact The impact on NRC implementation will occur in the area of licensing review of the licensee's security plan for existing sites. New sites are
~ required to submit security plans, and therefore, no additional costs are associated with new sites. All costs for the processing of fingerprints will be paid by the licensee. ,
laplementation cost:to the NRC is estimated to be:
[ Licensing Review and Approval of Security Plan (assuming 7 staff-days /
security plan x 61* plans x $480/ staff day)
Cost Per Plan Review $ 3.4K Total Inplementation Review Costs $205.0K
'> 2. 3 Operational Impact NRC anticipates no significant non reimbursed operational cost resulting from this rule.
^Information obtained fro::: NUREG-0020, Vol. G, No. 4, April 1985, Licensed Operating Reactors, Status Sunmary Report.
07/25/86 2 REGU ANALYSIS 10 CFR 73
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- 3. IMPACT ON INDUSTRY 3.1 Industry Implementation The impact on industry implementation will occur in the area of amending security plans for licensing review and cost of fingerprint submittal through the NRC to the FBI for the criminal records check. Storage of each individual's criminal history record documentation file is considered negligible.
Implementation cost to the industry is estimated to be:
Amendments to Security Plans (Assuming 7 staff-days / security plan x 61 sites x $480/ staff day)
Total Plan Amendment Cost $ 205.0K Criminal History Requests (1500 checks x $15.00/ check x 61 sites) $1372.5K
, Total Industry Implementation Cost $1577.5K 3.2 Industry Operation Annual Criminal History Requests-Industry wide (11,000 checks x $15.00/ check)
$ 165K Total Industry Operational Cost $ 165K/ year
- 4. IMPACT ON OTHERS Although the proposed action will affect the FBI, the impact is judged to t
be minimal inasmuch as the estimated 11,000 checks per year represent a 0.18%
increase in the number of criminal history checks currently conducted by that i
agency.
- 5. STATUTORY CONSIDERATIONS 07/25/86 3 REGU ANALYSIS 10 CFR 73
5.1 NRC Authority The Atomic Energy Act of 1954, as amended, Section 161(b) provides authority to the Commission to prescribe regulations described to protect the public health and minimize danger to life and property.
5.2 Need for Environmental Assessment, This proposed rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this rule.
5.3 Relationship to Other Existing or Proposed Regulations or Policies There are no apparent potential conflicts or overlaps with other NRC regulations or policies nor with other agencies' regulations or policies.
S.4 Paperwork Considerations There will be no sufficient paperwork cost associated with this action.
07/25/86 4 REGU ANALYSIS 10 CFR 73
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l BACKFIT ANALYSIS.
Requirements For Criminal History Checks I. SUMARY REGULATORY ANALYSIS
- 1. Objective The objective of this proposed rule is to establish conditions for the use and control of criminal history data received from the Federal Bureau of Investigation (FBI) as part of Federally-mandated criminal history checks of individuals granted unescorted access to nuclear power plants or access to Safeguards Information by power reactor licensees, (The Nuclear Power Plant Security and Anti-Terrorism Act of 1985, S.274/H.R. 3330). Licensees cannot have access to the FBI criminal history data provided by the legislation until NRC has established regulations for the control and use of the data.
- 2. Description Of Activity The new requirement:
(1) implements procedures for taking of fingerprints,
'(2) establishes conditions for the use of the criminal history data to include limits on dissemination and assurance that the information is used solely for its intended purpose, and (3) provides individuals subject to fingerprinting the right to complete and correct information contained in their criminal history records prior to any final adverse action. , , -
- - Si
- 3. Potential Change In Risk To The Public From Accidental Offsite Release Of Radioactive Material It is important that individuals granted unescorted access to protected areas and vital areas within the reactor facility or access to Safeguards Information by power reactor licensees be subject to FBI criminal history checks ORAFT 07/25/86 1 10 CFR PART 73 BACKFIT ANAL
to help assure that these individuals do not have a criminal history bearing upon their personal trustworthiness and reliability. By providing increased assurance that an individual having unescorted access to sensitive areas of the facility or sensitive information does not have a criminal history record indi-cating criminal tendencies, the risk of radiological sabotage from an insider and offsite release of radioactive material (risk to the public) is reduced.
- 4. Potential Impact On Radiological -Exposure Of Facility Employees To the extent that the risk of radiological sabotage is reduced, the potential impact on radiological e'xposure of facility employees would also be reduced. Otherwise, with respect to radiological exposure, there is no impact on facility. employees.
- 5. Installation And Continuing Costs Total Industry Implementation Cost $1577.5K Annual Operational Cost .
$165K
- 6. Potential Safety Impact Of Chances In Plant Or Ooerational Complexity Not applicable.
- 7. Estimated Resource Burden On The NRC Implementation Costs All Sites-Licensing Review $205K Operational Costs Minimal
- 8. Potential Impact Of Differences In Facility Type Or Age No potential impact is noted of differences in facility type or age on the relevance or practicability of implementing this rule.
- 9. The rule is proposed.
1 ORAFT 07/25/86 2 10 CFR PART 73 BACKFIT ANAL i
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II. JUSTIFICATION 1
- 1. Increased Protection Of The Public Health And Safety The Nuclear Power Plant Security and Anti-Terrorism Act of 1985 (S.274/H.R. 3330)' requires the NRC to issue regulations to establish conditions for the use and control of criminal history data that licensees must obtain from the FBI as Federally-mandated. Licensees cannot have access to the FBI criminal history data provided by the legislation until the NRC has established regulations for the control and use of the data. Since the proposed rule will allow licensees access to the FBI criminal history data, increased assurance is obtained that individuals with criminal histories impacting upon their reliability and trustworthiness are not permitted unescorted access to sensitive areas of the plant or access to sensitive safeguards information. For this reason, protection against radiological sabotage by an insider will be increased , providing a significant increase in the protection of the public health and safety.
.2. Cost Implications The cost of the proposed criminal history check requirements associated with implementation is $25.9K per site. However, industry burden will be reduced by this legislation and associated regulation because it will allow licensees to have access to the nationwide criminal history data maintained by the FBI. Licensees presently conduct criminal history checks through such limited resources as local court records, which is manpower intensive and costly, i 3. Priority And Scheduling Based upon the resulting substantial increase in the overall protection of the public health and safety, as discussed above, this backfit is considered to be high priority.
In addition, the proposed changes do not affect the schedules of other regulatory activities ongoing at the facility.
- 4. Findings NMSS finds that (1) issuance of this rule will result in a substantial increase in the overall protection of the public health and safety, and (2) direct and indirect costs are justified in view of the increase in protection.
DRAFT 07/25/86 3 10 CFR PART 73 BACKFIT ANAL
1 i
l DRAFT PUBLIC ANNOUNCEMENT t
NRC Proposes to Add Requirements for Criminal History Checks of Certain Individuals at Nuclear Power Plants The Nuclear Regulatory Commission is proposing to add requirements for the control and use of criminal history data received from the Federal Bureau of Investigation (FBI) as part of pending Federally mandated criminal history checks of individuals granted unescorted access to nuclear power plants or access to Safeguards Information by power reactor licensees.
The Nuclear Power Plant Security and Anti-Terrorism Act of 1985 (S.274/
H.R. 3330) would require nuclear power plant licensees to conduct criminal history checks of individuals with unescorted facility access or access to Safeguards Information through the use of FBI criminal history data. This data is made available to the private sector only thr=;;h4 tate & Federal law. The
-legislation would require the NRC to issue regulations to establish conditions for the use and control of the criminal history data received from the FBI.
These conditions include procedures for the taking of fingerprints, limits on use and redissemination, assurance that the information is used solely for its intended purpose, and provision that individuals subject to fingerprinting are provided the right to complete and correct information in their criminal history records prior to any final adverse action. It is important that individuals granted unescorted access to sensitive areas within the reactor facility or access to sensitive information be subject to FBI criminal history checks to help assure that these individuals do not have a criminal history bearing upon their. personal trustworthiness and reliability.
This proposed regulation is being issued at this time to minimize the time period between legislation enactment and final rule issuance. The proposed rule will undergo thirty-day public comment period.
DRAFT 07/25/86 1 10 CFR PART 73 PUBLIC ANNOUNCE
e .
DRAFT CONGRESSIONAL LETTER
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee are copies of a proposed amendment to 10 CFR Part 73 which is to be published in the Federal Register.
The Nuclear Regulatory Commission is proposing to add requirements for the control and use of criminal history data received from the Federal Bureau of Investigation (FBI) as part of pending Federally-mandated criminal history checks of individuals with unescorted access to nuclear power plants or individuals granted access to Safeguards Information by power reactor
. licensees.
Enactment.of,the Nuclear Power Plant Security and Anti-Terrorism Act of 1985 (5.274/H.R. 3330) would require nuclear power reactor licensees to conduct criminal history checks of individuals with unescorted facility access or access to Safeguards Information through the use of FBI criminal history data.
' This data is made available to the private sector only through sub m. Federal law. The legislation requires the NRC to issue regulations to establish condi-tions for the use and control of the criminal history data received from the FBI. These conditions include procedures for the taking of fingerprints, limits on use and redissemination, assurance that the information is used solely for its intended purpose, and provision that individuals subject to fingerprinting are provided the right to complete and correct information in their criminal history records prior to any final adverse action. It is important that indivi-duals granted unescorted access to sensitive areas within the reactor facility or access to sensitive information be subject to FBI criminal history checks to help assure that these individuals do not have a criminal history bearing upon their personal trustworthiness and reliability.
ORAFT 07/25/86 1 10 CFR PART 73 CONG LETTER
This proposed regulation is being issued at this time to minimize any possible time period between legislation enactment and final rule issuance. The proposed rule will undergo a thirty-day public comment period.
Sincerely, John G. Davis, Director Office of Nuclear Material Safety and Safeguards-
Enclosure:
Federal Register Notice ORAFT 07/25/86 2 10 CFR PART 73 CONG LETTER
.: l
, WEEKLY REPORT TO THE COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS Proposed Rule to be Signed by EDO On ,1986, the Executive Director for Operations approved a proposed - - - - -
rule that would amend 10 CFR Part 73, " Physical Protection of Plants and Materials," by adding a new requirement, 10 CFR 73.57. This amendment presents requirements for the control and use of criminal history data received from the Federal Bureau of Investigation (FBI) as part of pending Federally-mandated criminal history checks of individuals with unescorted access to nuclear power plants or individuals granted access to Safeguards Information by power reactor licensees.
ORAFT 07/24/86 1 10 CFR PART 73 WEEKLY REPORT
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monde therudes me Assoudary W3asse sAeg 4888 FEE 848.
itsasaset the psoposse seymisadens de the 2 eif fAe drune Aspect cendrei Act (22 UAC master 21 er me JAmede Energy Jet of cenerusa 277J.2FFW te essended by adding ed (As and 1954 la entended by adding si tAs and (Aem.
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perted, and sueA ether te/Isenesides as the MunMases J.dat sesy nos he exported so eny . _ _ . . . . . .
r 3scretary uneyfled to be ruirsent to the ed. coundry uAded> the Aserstery of 31ste hee de. '"Jte Prueddent pass'asspend ausdseresop -
terattned, for perpesse er asettes ##f>(JMAJ ersides mader tass det etth any asiden or, l ' counpftsAsient tions s/ me = Mad *=== ef tads ase. af theEsport Admisdairation Act of fsf3 (54 proep of meddoma.ashi A has med rusMad the t
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~Aet of I968 I22 UAC. 2J49ae-2fdel4H is UnMed States and embumus to the M e isGenerMeAUoming Armes' amended by addiste et the end new amma=*
smended to read as Acossa- .
- I4MA) Articias on the Va65d 8tdNuQ[s8*'t er the prosesedfustWine expowIAsiAny deder='"='"" and 48 N JM comestrarson wrzy far Darsmo__
( tiens I.iat egg,g,, ong, unes y_he made eseue6de ander ate weiser sha# erptry si As end of 3d dayssucA ' star or Dargsas C-:-- - -- _ cnswa ss.
' " oAer sii8 frendW undses the Congnas enacts roarsano 3uasrecswr ' -= ~ ..-
lati "e. In addition to other appdicenes require.
firsernas e n M
~~ !!!Irwisting to ammunutons for smelt arms E ="3*0'
- 'INU *IE^*##** #*****#*** A*# license may be issued by the Naalese in category 1, articles in category IF/c1 or of Vlies trelating to detection and handitne of M O'l & My*H M ts amen 6 E*0'le20N CO*****iO* **d*f thi* A*2 /*f tR**M *9 the arport of spected nuclassa snederiet de.
erptostet detacess, articles in enteporvX fre, M. M @= acribed in embasettos M and tattag to protection personnet equipneenti, *t2) approcal may be granted by the Been.
or srticles in peregraph ibt, fe), or id) of T1122 VI-lhTEAYA170NAL ATCLEAR TERROR!$M tary of Energy under section 132 of this Act category XI!! trelettne to speech priveer de. SEC **L AC110M 10 CIHf*AYIMMATIONAL for the tronaler M. of special nucJear smetenst vtces, underweier bwening apparatus and MAR Twontsx described in subsection M armor plettnes, and they are directly reisted (Al ACnOME r0 De TAKEN BT rsrt Passt. only efter the Secretary of Defense has been to entsternrun trotning under this chap.' Dtirt.-M Congress hereby directs the Prest. cons 1 sited on schether me phyescal proter. ~
ter: denl~ tion of that metenst durtne IAe export or
- ftU the nerpsent country is not prohibit. !!1 to seek univenal adherence to tAe Con. transfer wtG be adequate to deter theft, sabo.
ed by ten fHrm ncetstne assistance under .tention on the Physteel Protection of Nucle. taoe, and o$er acu of internationet tenor, one or more of the folloittne prortstonst er Metenal' chapter 2 of this port trelating to grant mtit. In to- tsm schsch would resadt in the dioenton of tary assutentet, chapter 3 of this part fre.
., -- that material if, in (Ae view c/ IAe Seentary lAl conduct a reste1s, enlisting the partici. of Defense based on aC enestable intelligence lating to intemational muuary education petion of est relevant departrnenu and g,ya,magga,, gy, ,,po,g og g,qng(,, mgggg g, and tratntnet, or the Arms Esport Control *****'***?** ** *** # N ## "'*
- subsect to e genuine tenortst tAreat the Sec.
Act
,a ,,gtrela,,.ttne aq ,,4, to fortsgn mtittary sales p. whener the ncommendation's on Physicat retary shall provide to the Nucteer Requia.
. Protection of Nucieer Metenal pubitshed by gn,y "titU st least 13 days before the articles Ih* I"S***#R*S A * ** E**NY A 0**** "" ,, ,,com,g,,,,,
,,,,,,,g,, y ,qg,gg,34,gggy,
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are asede apeilable to the foreign country, edepate to deter MeS. sabotage, and W ruk and e desertption of the actions the Sec.
(As Pressdent noff/les the Comentttee on for- use of nucteer fec: Jutes and matenets in retary c/ Defense considers necessary to up.
eten Affatre of the House of Reprearntetters and Commtitee on foreten Relations of fAe gg, g *** Wy,*,,g*g ,,Yyjgg*n",,,,,,, g, grade A physiced profeetton messant Subsection e. eppUes M the etW u Senate of tAe proposed transfer, in secord. the Directorv "#" # #
m"m Men 20#M*
esce wtth the procetures appucebte to ew. gg,,,, g,,,,G,esteral , ,,,,y; c/ 1Ae International ntum u W"ms"of unntun
_132 to teks, in programmtw tion $34A of this AcL notencettons pununs se =t ease, and om,,, conc,ert with Un,,ited States entsched k mm then 20 pt in Me 5s0
" FBI The value tin terms of ortainsi etsute g,9 ga g,,,
g,,,,,,,,,,_ ,,,,,,,,,3,,,,,m, top, m or as isotope us. . f sitt.m cost) of e# agutantesi and commod" go a mg,gma, gg, amn,,g af ssc ses assitw em of ytysWAL SEtvntTY STA.YAV tries provided under subsection (sJ in any weapons. grade nucteer metertal in intema. 18J Rtmws-N Seentem of Enerfy, fAs fiscel peer may not etceed 23 percent of CAe tienet fremstt, and funda mede eostlebie to carry oesi tats eAsp* 189 to ensure IAet when ans such matenal Seentary of Defense, the Seentary of State, terf$r thef /1sted yger. the Dtrector of the Arms Contnt and Disers ts treneportest'intamationa#p. It ta under moment Agency, and the Nucteer Regula.
- tC) No shock betons or simUer destres tAs mos4 e//fett9e means /Dr edequately pro, tory Commuston shed each rettew the ede.
may be proptded under this chapter,", tecting itpone eats or ettempted acts of sab.
SEC See hoMarmsL sonrent scctarrr 80t1Aeng ofeet or theft by terrorist groups or nettonst quecy of the phytteel securtty stenderts currentlF apptteabte tetth respect to (As ship.
stE37MS co tercetrtS5 794 0GFPf.
in additton to funds otherwsbe eweliebte typ to , egg agreentent in the United #4 ment end storese fountde the United States) for suCA purposeB undef Chapter 4 of part il lions of plutontu % and trentum enricAsd to IA) 3ecurtty en Councti to estebush-effecttee reytme of Internelional mort than 80 percent in the isotope 223 or of the foreten Assutence Act of1841. esetst.
ence akthortsed to carry out tad purposes of sanctions seetnst any nation or tut,ne. the tsotope 2J$. ichtch is subseet to United chepter 4 of pert il e/such Act fbr the Ascal tiened groep tahtch conducts or sponsors States pnor consent rights, wta special et. ,
years 19$$ end JS$F tes teedl es undtsburted ects of internettonel nutteer terrortsn end tentton to proteciton eresnst ruAs e/sensure belances e/prertously obligeled / bads unser ISJ NteestrTS for coorittneting nsponses or other tenos%st acta such eAspur) schsch an ettocated /br Egypt to en acu of intemationet aucteer terror- tbs Reponts,-.Not later then i snontAs may be furnished, notwithstandine section tan includinf Wteestres /br (As reco9ery of Ieentary of Knerfy, the Secntery of De.efte 000 of suCh Atle JUr the prettston of non. stolen nutteer meterted and the eteen up c/ fense, the Secretary e/ State, the Otreetor of nucleer rtieaseL SAe Arns Control and Dtsermement Agency, }
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. L 5952 CONGRESSIONAL RECORD-HOUSE Augu3t If, ISBs and the Nucteer Regulatory Commissaan "d. !!) De Commission may establish and sac ren reurscrso.s or A venWA n tros sctata sheit each submit e nortiten Noort to the cotiect fees to proceae fingerpremis and 'V T"E A!!**** W E 0! T"EM PLSCE Commusee on foreign Affairs of the House ersminst history recorde under this section. * ***T" * * * * ** M TK of Representattoes and the Committee on "t2) Notaetthstanding section 3302fbb of tal Fixarnan-The Congress finds thst foresen Redetsons of the 3enete seltsagfortR title Jf. United Statae coda and to the some cittaens of the United States may be the results of the restene conducted pursuant ergent oppmeed in appropriation Acts specially endesgered dursne e huecktng or to this sechost, together seeth appropriate " fat a portion of the amounts collected other terrorsst incident by thefact tAet their receenmendations, under this subsectious in any Aseel year may place cf birth appeareon these United States sac ses LWEava rpeeA& AsFtfr oP FNf 3tT& EAR be Miesned and used by the Conantission to, passport.
T* ** nam
- Peostsas carry out this sectient ang p, . . ibt Rtroar.-Not later then one peer efter me costyrees stronety urged the Presideng "tBJ the renesining portion of the amounts the date of enactment of this Act, the Comp.
to seek a comprehenstee retteen elthe prob. couetted under this subeestion in such Ascal troller General of the United Stelee sheit tens of nueteer terroriens by en internettonal Peer easy be trenshered periodicelty to the submit a npwt to the Conmas on me in.
c W erenes Attorney Generet and used by the Attorney plications of deleting the piece of birth as e asc ses (Assina misfeer ASComp casrat General to carry out this sectiose. - Nfusted itent ofinfernsetten on passports.
"tJ) Any enmount nmede sentiebte he use SEC res Lsc 09 pr9toer4TPC PRis7tECES A%s IML 19 (2 2I t is amend by "d#' I"####I8k F 88 8 *8t8 adding efter section 148 the feitoteing w u"ntil erpendesL". ve '#I# 8b8EI ""'8I"'"l8UE#'" ^ " 8 8Ci " '
tbJ me Congrese stronsfy~ s'rNs'the President
" ErrscTres Dsfy.-De proofsions of to instruct the permanent Representatipe of-its. Finocarnsurtno ron Cnsmanas subsretion e. of section tes of the Alonsic Encryy Act of 196A es added by this Act, the United Statae to the Unsted Nations to No u$ ey5 tory Commission shall take effect upon the prommleetson of seek United theNationsadoption of a resolutton condemning in the the use for ter. '
fin this section referred to es the 'Commis, muleMns by the Nacieer Regulatory Con
- mnst purposes of diplomaine an@s and c hr to operet e is tto mtssion Suc secuan as set forth in subsection mulations'sheit be.prommt.e. of such immunities under the Vienns Convention
- cility under section J#J or 104 b. tofinpro gated not later then i months efter.the date . on. Maiomauc..Relanons..emeteUp the h ind us cho misuse of diplomatic pouches and ,dtsto, met.
Wed of ggth,egay,,,,,,,,,
f *#C l*'N y ensetment of this AcL--
- contents at the bersaning m_,yg,yy, g,yg*
el ef the Atomte SEC TOL ic mssssent REPoeTS oM PRocnts$ LY tmtKASt.%C
"" NCLTit.ATERAL CUoPERAT96v, see 14 . A A ge n obtat ER*!FV ACl of ASSd be ent*Rded b1 t*** flint by a licensee or applicant as required in the aBer e Ken NiaMQ nction 148 thefoi* dent Not later than February !.1987, the Prest.
preceding sentence shall be submitted to the I " "* " "*** shall subenit a report to the Congress ,
Attorney General of the United States "Sec.149. Fingerprintingbr criminal" histo,; on the stege taken to carry out each of the through the Commission for identtAcaffort ry scord checht", preceding sections of this Utle texcept for.
I section 7eJJ end the progress being made in lnd e enminet history records check, na TITI2 Vil-MtLTILt TERAl. COOPER.t T!0N TO ochiertne the objectives desertbed in Oose costs of any identification and records COMBATE.WERN.tT10NAL TERRORILg sections, f check conducted pursuant to the preceding * $sc ret s,WEAvstmeAL ANrtTssnentsat County.
\
' sentence shalt be paid by the licensee or op. Tst, TTTI.E Vill-WtTIMS Of TERRORISW plicenL Notausthstanding any other provi. COMPEN5tT!0N ta) TtxDINos.-ne Congrees Ands that-sson ofless the Attorney General mer pro. $ECset. 3RoRT TTTI.L
!!) internationet terrorsam is sad remains nis title may be cited as the " Victims of vsde e88 the results of the search to the mission, and, in accordance with regula. free, democratic nations
- Com. a serious threat to the peece and security of Terrorssa Compensation Act".
I tions presenbed under this section. the Com. (2) the chauence of terrorism can only be ggg ,,g p,yygy7 pn g,qyygog,g,, yggy gy gag i
mission may provide such results to the II. met effeettoety by concerted action on the ritt STm streEsN wLusta s sert and /ANtxAr st. ises,
> cessee pnnis or apptteent submitting such Angers part of all responsible nations *
" (3) the mauor dewtoped democrocses evi* ne amount of the payment for indirtd.
- 1L na Commtssion, by ruts may relieve danced thesr commitment to cooperation in uals tn the est'i servsee referred to in section tiue 5 personsfrom section, upon the obligelions spect/1ed tennsimposed conditions by Economic this the fight Summitagainst terrorismon Declarenos byTerro
the !$18agg,gBonsyy$589td) , Of,cggag g. United States Code las g3nyggg,gggg,j,orynpgg, and periods tf the Commi. scion Ands that ism; and dirsduals in the uniformed services referred such action is conssstent setth tts oblige. 149 that commitment was renesced and cog, tions to promote the common defense and strengthened at the !$00 Tokyo Economie to in gg,section agggg359tc) of title yy ,,gggag ggg27.ay United gyg, ug,State,s securtty and to protect the heauh and safety Summit and ergressed in s fotnt statement as the case may be, shan be $50for each dey
" any such individual scas held in ceptive For p rposes of admintstering this sec. tb "
Mon, the Commsssson shan presenbe. sub9ect sxt.-ne Cbnoress stomt.hereby Axtrryn.non2sst directs the Prest.Conrartr>gg *'*&#$y*,,* g, y,],4 g",' l l to public notsce and comntenL requ!stions- dent to continue to seek the establishment of before January 21.1982.
"II) to taking implement procedures for the efAngerpnnts; an intenational the intenettonal committee, AntUerrottan Commutte, to be knosn as ###* **' #Ujgfy [fy*jM *-
"t!) to estabitsh the conditions for use of As a first step in estabitshing such commK. Is) lx Gtnessa.-Subchapter M of chap.
snformation recesoed from the Attorney tee, the President should propose to the ter $$ cf UUe 5. Unned States Cods le Genere4 in order North Agentie Treaty Cryonisation the es. amended by addina at the end thenof me
" tab to limit the redissemination of such tabushment of a standing politicet commit. l*U****IC information; 800 to eremine en espects of internationet *lS$4A Ben *flJC hv a'ed***
"tBJ to ensure IAa8 such information is. terrortene, reviene opportunities for coopere. "ta/ Por the purpose of this section-used solely for fAe purpose of determining tien, and meas recommendations to member "I21 'espliee' means any indiridual in e
. . takether an individual sha# be permHind nations After the establishneemt of this com. captise status commenetmp ichua sucA indi. '
unescorted access to IAefacility of a licensee mittee. (Ae President should impus such godset is or applicent or sheQ be permitted access to otAer countries who may choose to pertiet* *tA)in IAe efeil serpice, or
- , sel etuards inforstation under section 14T;. . pate. ne purpose of the International Jatt. "tBf a ettisen, nationa& or reetdent elfen "tC/ to ensure tAat no /Insi deterweinetton tenortam Cosamuler should be to Jbeus the of the United Stater rendertna personal sers.
mir be made soiety on the bests of14/brme. ettention end soeurs the coopersiden of fAs ice to fAe United States atmtier to fAe sere.
Ison provedad under (Ais section isseleine- gooernmente and (As pubide of tAs particia foe of an indspidual in the cietk serytce "til en strost store fAen J year odd for pating countries and of other countries on tother fAan as a member of the untformed tphich hon therecese;or of dAe is no inferination of the dispoet. the pro 6tems and responsee to internetsoned servleest; terrottant timefuding nueteer terrorism 4 by a/21 'espilse status' meene e mietint 1
"tiu en street that retutted in dissnissed of servint as a focusa at both the politiced and the cherye or en seguitted; and statue tehich, as deterweined by the Prest.
(4w enforvenientlesels
! dent artsee becomes of e Aostide action and i "ID/ to protect perprintind under this indiesduate subjeed section fross misuseto Am. sac tot tarssestpon44 4AAApegarS#rt ARL4F. is a result 4f the indictdual'8 relationship I
oflAs enmined 46 story records;and 84619 #4ssPeef5ANS FtE4A -
teitA LAe Geeernment; ne Compress strengty urges the Freeldemi "tJ/ ' missing statusb '
i "tJ/ to provede each indiendual subfect to to ses4 4Ae negotiation of daternettomet atA) 8.4 the esse of en emplovve, has the Anserprtatint under tAin section wetA (As Fie48 to cosepiels correed. and eeplein in/bo agreenients ter other appropetate arremes. meening preetded under section 33dtt31 of l
ments# to provide Apr the shortne of infoe tAdd titler and metion conteined in the criminst htstory motion relating to paseports and esses in
- tal in the case of en indieidual other records prior to any Anal adserse determi. order to enAence cooperation entone coon. then en employee, has a steller meening; nation. .
trtes in combattist internettonal terrortsWh and ' I i
f 4
A- p6n c d3z.
.- '~
August 1% 1988 H 5944 CONGRESSIONAL RECORD - HOUSE S J. Res. 386. Joint resolution to designate this to prove to the country that it send that amendment to the States for October 6.1986. as " National Drug Abuse really works. ratification?
Edue:.tton Day /- So he scheduled his surprise urine Regardless of how one feels about test for this past Monday. Well, then the issue, let us recognize the effort INTRODUCTION OF LEGISLA. somebody let the cat out of the bag for what it is. It was started as an ag;;y g TION TO ASSURE PIPELINE and told him that some routine medl- effort to raise funds for the Republi-cation he would be taking on Monday can Campaign Committee, not as a -f SAFETY would cause him to test positive as a way to improve our system of govern-(Mr. VENTO asked and was given drug addict. Well, there were only a ment, as our Founding Fathers envi-permission to address the House for 1 couple of choices.The President decid- stoned. It was initiated to give the im-minute and to revise and extend his ed that he would have to reschedule pression to people that if they contrib-remarks.) his drug test. After all Lf he took it uted to the Republican Congressional ,
Mr. VENTO. Mr. Speaker, a month and the test proved positive, what Campaign Committee, in some way eg2 two of my constituents a young could they do? There is no Federsi and in some fashion we could keep mother and daughter, were killed program to put him in for drug addicts Ronald Reagan as President for an-ahin a pipeline leaked gasoline into a because he is too cheap to provide the other 4 years. .
suiurban street and exploded a the money for one. We could not fire the Let us remember that amending the middle of the night. President because then they would Constitution and extending the Pipelines carry gas and haz;.-Mus have to test Ozoncs Busu, and who number of terms for President will be liquids, and they crtsseross our Na o n. knows what you would come up with. applicable not just to a conservative Thry cannot be seen. but they are a. If the President would have to be Republican but to a liberal Democrat tential fire bombs that run under nr fired, who would have to fire him? as well Or are we going to extend the neighborhoods and communities. Le Would it be the Comptroller General term for this President and then isting than the pipeline laws offer appearance of alittle moreofor the Surgeon General? So we would repeal the limitation when a more lib-facade eral President is elected? i safety. Pipeline regulators are reluc. wind Soup thehaving that problem.
President did the only thing The point is that this la too critical a M.3*
tant to force new requirements on pipeline operators. They act as if they he could do, and that is schedule nis subject to be determined by a pledge are afraid to stand up to the pipeline surprise drug test for the Saturday card. keep Personally I think we the 22d amendment. ought Eight to years before.
operators.
Today I am introducing tough legis. I think. Mr. Speaker, that if we is long enough for anybody. Republi-
!ation to put some backbone and some treated all Federal employees likewise can and Democrat, to be President.
guts into the Federal pipeline safety under this program, the entire experi- And theweodds that are between will make slim to none this change.
laws. My bill will require public notift. ment would not hold water. Mr. Speaker, it is a very cynical act cation of dangerous underground pipe-lines require pipeline companies to A POLICY WITH RESPECT TO indeed to use this fundamental to prey on middle-income folks around issue W operate their lines in the safest COMMERCIAL SATELLITES the country and take hard earned dol-manner possible, and require more ex- (Mr. NEIEON of Florida asked and lars out of their pockets for something tensfve testing and inspections.
Mr. Speaker. It will put stronger was given permission to address the which is not likely to happen.
limits on where pipelines can run and House for 1 minute and to revise and where they cannot. A short time ago extend his remarks.)
Mr. NELSON of Florida. Mr. Speak. CONFERENCE REPORT ON H.R.
the Itouse approved additional person. 4151. OMNIBUS DIPLOMATIC nel for the Office of Pipeline Safety. er. rumor has it that there are those SECURITY AND ANTITERROR-That was an important step forward, who would counsel to the President, ISM ACT OF 1986.
We need people to do the job, but we telling the President that he ought to also need the tools to do the job. The take all commercial satellites off the Mr. PASCELL submitted the follow-Office of Pfpeline Safety needs new space shuttle and enact a policy of ing conference report and statemen; tools. This measure will provide more prohibition of commercial satellites on on the bill (H.R. 4151) to provide en.
stringent laws that will make public the space shuttle. Indeed it would be hanced diplomatic security and rafety a priority.
%ise, now that we have limited capac- combat international terrorism, and Mr. Speaker. I urge my colleagues to ity and a huge backlog of satellites to for other purposes:
support these improvements to tlie det into space, to encourage a commer- Comuce Rmat Of. Rm W80 ,
")
Cf flee of Pipe 4ne Safety law and pro. rial expendable launch vehicle indus- h tu o n ' n the s ude the tools and the personnel so try by flying into space those commer- , mg s g t ou that we can do the job and prevent clat satellites upon them. smendment of the Senate to the bill (IL fL terrible tragedies such na the one that However, one of the lessons that we 4151) to provide enhanced diplomatte securt-Interrupted normal life in Mounds. certainly learned from January 28 la ty and combat international terrortsm. and vt!!e, MN, on July 8. that we need a backup system. We for other purposes, having met after full need a variety of horses in the stable and free conference, base agreed to recom-to give ourselves assured access to mend and do recommend to their respeettre T!!E PRESIDENT UNDEROOES space. It would be self defeating if we Itouses as follows: '
Tnat the !!ouse recede from its disagree.
IIIS DRUO TEST enacted a policy that would prohibig ment to the amendment of the senate and tMr. ACKERMAN asked and was use of the space shuttle as the backup 'h'*****'D""**'"d*****
given permission to address the !!ouse to expendable rockets to have assured access to space for our commercial .$((o', '. proposed to be in.
for 1 minute and to revtse and extend In tieu of the matter communication satellites. serted by the Senate amendment insert the h!s remarks.) followinr Mr. ACKERMAN. Mr. Spesker, have you heard about the latest White PROPOSED REPEAL OF THE 22D 3rmov TMs Actt may
. war 6eritu' cited as (As "omm6us House leak? It started when someone AMENDMENT otatomatic security and Antiterrortsm Act came up with the brtsht idea that we could end crime and drugs in America (Mr. OLICKMAN asked and was o/ 1918".
by sneaking up on Federal employees given permission to address the House ar. t rant ar rostrsrs and snatching their urtne when they for 1 minute and to revise and extend The table o/ contents of tMs Act is as /of-lors' least expected it. his remarks.)
Well. the President liked the idea. Mr. OLICKMAN. Mr. Speaker, the Sec. f. Short title.
and being the pioneering, patriotte, question is. Will Congress repeal the Sec.flTLE A Table o/ contents.
f-Dirto.stA rte sgefntITY macho American that he 13. decided to :d amendment which limits the be the first one to go ahead and try President to two terms In of fice and see.10t. Short tttle.
- y. ,.1-..
s % , , + *
- SW House o Representatives TUESDAY, AcousT 12,1986 The House met at 10 a.m. September 37.1966, as " Emergency Medical tion of Chairman of the Joint Chiefs The NM Ford. Rev.
D.D., Jamesthe offered David services Wees".:
following ILJ. Res. 63o Joint resolution designating of Staff, to provide for more efficient and effective operation of the Armed pray s the College of William and Mary as the offi.
- Forces, and for other purpcess."
Teach us, gracious God, to respond agrees to the conference asked by the to Your initiative of love by usinglation our $g
- d 87 ratiohfolorious R Ce to be celebrated jointly in the United House on the disagreeing votes of the time talents, and treasure in ways States, the Netherlands, and the United two Houses thereon. and appoints Mr.
that promote justice and good will Kingdom; and Got.DWATER. Mr. Tutntasown. Mr.
among all the people of Your creation.
HJ. Res. 642. Joint remotution to deslanate WAaNER. Mr. Hmarstar1r. Mr. Cosszw.
May we use our time in ways that pro. the mt tmstaning May it.1987, as "Na- Mr. QUAYta. Mr. Wu. sow Mr. Dusrsow, mote the common good, our talents to tional Durism Wut." Mr. GaA30s. Mr. BnoTuraz, Mr. NUwn, assist others in the way of service, our The message also announced that Mr. STzwnts. Mr. Haaf. Mr. EEow. Mr.
treasure to share with the needlest the Senate agrees to the amendment Lavtw Mr. KrwwzpT. Mr. BINGAatAN. !
among us. Enable us. O God, to be of the House to the bill (S. 992) "An Mr. Drzow, and Mr. Otawa, to be the !
good stewards of the gifts we have re. act to discontinue or amend certain re- conferees on the part of the Senate.
ceived. this day and every day. Amen. quirements for agency reports to Con. The message also announced that gress." the Senate had passed bills and joint THE JOURNAL The message also announced that resolutions of the following titles, in The SPEAKER. The Chair has ex. the Senate agrees to the amendments which the concurrence of the House is %,,,
amined the Journal of the last day's of the House to the amendments of requested:
proceedings and announces to the the Senate numbered 2 and 4 to the S. 306. An act for the re!!ef of Shyh. Fann House his approval thereof. bill (H.R. 2478) "An act to amend the Tran-Norem and Bin Tl Yao Tyan Norem:
Pursuant to clause 1. tule I, the Revised Organic Act of the Virgin Is* 8. 330. An act for the relief of Bhaskarb.
Journal stands approved. lands, to amend the Covenant to Es. hal S. Patet:
tablish a Commonwealth of the S. 363. An act for the re!!ef of Mary Patri.
MESSAGE FROM THE SENATE Northern Mariar.a Islands, to amend cia Mc14ush11n:
the Organic Act of Guant, to provide S. 527. An act for the relief of Pravinchan.
A message from the Senate by Mr. for the governance of the insular areas dra and Kamala Bhuva:
Itallen, one of its clerks, announced of the United States, and for other S. 565. An act to direct the Secretary of that the Senate has passed without purposes." Agriculture to convey without consider. ,,,
amendment bills and joint resolutions .The message also announced that ""*"* I* th* D'" "I #"I' "* ^#I* ""' ""
of the House of the following titles: * " ' " "'
II.R. 483. An act for the rettef of Edwinthe ment Senate namberedrecedes 3, tofrom its amend- fans the above.enti*
Marcos Rios (also known as Martos Edwtn lled bill. 8. 773. An act for the relief of Dr. Oscar Rioss and Geovanna Rios: Raul Espinosa Madartagn. his wife. Marta H.R. 850. An act to modify the boundary The message also announced that Ines, his son. Felipe Andres, and daughter.
the Senate had passed with an amend- Claudia Paola:
l ate of a and oYher u ment in which the concurrence of the S.170s. An act for the relief of Pernando H R.1693. An act for the relief of Enrique House is requested, a bill of the Ifouse Esquivet. Marcos Antonio Esquivel, and Montano Ugarte; of the following title:
- U
," 8[4f r the relief of Kil Joon H.R.1757. An act for the relief of Isonard 1[.II. 3108. An act to amend title 17 Leshe Gambte: United States Code, to clartfy the definition' Yu Callahan:
ILR.1963. An act to increase the develop- of the local service area of a primary trans. S.1957. An act for the relief of Lynne ment ceiling at Allegheny Portage Railtond mitter in the case of a low power television Cleaver and her child Leigh Allson Cleaver **
National IIistone Site and Johnstoan Flood station- SJ. Res. 322. Joint resolution to destrnate National Memortal in Pennsyhania, and for December 7. 1986, as " National Peart other purposes and to provide for the pres. The message also announced that Itarbor Remembrance Day" on the occasion rnation and interpretation of the Johns. the Senate insists upon its amendment of the anniversary of the attaca on Peart town Flood Museum in the Cambria County to the bill (II.R. 3t13) "An act provid. !! arbor:
Lbrary Huildtne. Pennsylvvua; ing for the coordinated operation of SJ. Res. 332. Joint resolution to designate H R. 3093. An act for the retitf of Juan the Central Valley project and the the week of November 16.1986. through No.
Ricardo McRae; State water project in California." dis. umber 22. 198 as "Nauonal Sonware II.R. 3154. An act for the relief of John arrced to by the House agrees to the ^**""S**"",6.*
rick Drady. Ann M. Brady, and Mark P- 8 " " " "
conference asked by the House on the goh"b r' N. 't a Na i na C n l II.It.' 3212. An act to dtclare that the disagreeing votes of the two Itouses ty Education Day"t United States hoMs certain latuts in trust thereon. and appoints Mr. McCLURe. SJ. Res. 345. Joint resolution to designate for the Reno Sparks !ndian Colony: Mr. DoutNtet. Mr. WAt.t.cr, Mr. MUR. the week beginning November 9.1986. as
!! R. 3323. An act for the retwf of Alexan. KoWsKr. Mr. Evans. Mr. Jonwston. " National Reye's Syndrotae Am areness der tockwood: Mr. Fono. Mr. MetzEN8AUw. and Mr. Week";
II.R.
taha 3365. An Dou-Assall act for the rehef of Moun. MEL.CHER to be the conferees on the Saad, SJ. Res. 358. Joint reisoluuan to destanate part of the Senate, the month of September 1986 as " Adult IJt.
f t.it. 3556. An act to pron tde for the ex.
charve of land for the Cape llenry Memort. The messante also announced that Macy Amannus h7 the Senate disagrees to the amend. SJ. Res. 367. Jomt resolution to designate al site in Port Story. VA; September 24. 1986, as " National Kidney
!! R. 3577. An act for the rtilet of Mttante ment of the House to the amendment Program Day *:
C. Escobal Norman; of the Senate to the bill (H.R. 3622) SJ. Res. 363. Joint resolution to destanate HJ. Res. 529. Joint resolution designating " An act to amend title 10. United the month of Oc'et;er 1986, as "Nauonal the acet of Ssptember 21, IMd. through States Code, to strengthen the post. Spina atrida Month"; and O This symtml represents the time of day durms the Ifouse proceedinas, e.g., O I407 is 2:o7 p.m.
Matter set in this typeface indwares mords inserted or appended, rathee than spden, by a Member of the llouse on the floor.
115943
, Alagrest13,1.988 CONGRESSIONAL RECORD- HOUSE H 5945 i Sec.102. Findinge and purposes.
' tion on the Minetcal Pmtectson of a conventios Sec.101 Responstbttity G{ the Secntary of of Nucteer MetertaL Sec.1202. Extraterritorist crimtnet furte.
State. Ses est Oomsnitataan with the Department diction ooer terrorist conduct.
Sec 204. Bumn of Deplanastic Securntv. of Defense concernsnq certatn Sac.193. Responstbattties of the Assistant nucieer etparts and embarquent TITLE Xill-MISCELI.ANEOUS Secretary for Dapdomatsc Secu. arrangessenta PROVISIONS etty. Sec. 604, Reneew of phnwicet security stang. Sec.1301. Peace Carpe authorisalton of an.
1' Sec 206. Coopemtson of other Federal agen. ardL pmenatsoas, m ctes, Sec. 605, internationet review of the natte. Sec. 2J02. Demnstmtaons et embaseine in Sec 207. Protectton offoretgn consulates. at termrtsa pMiem, the District of Columbia.
TITLE ll-DIPLOMA TIC SECURITY Sec. 606. Crsatinat history rmerat checkL Ses 120L Kurt WeJdhetm's ntirement al.
SER VICE TITLE Vil-MULTILATERAL COOPERA. imcsace.
Sec. 20L Establishment of Dtpiornatic Secu. ON COMBAT INTERNATIONAL Sec 1304. Er e of Antbtyomme Var.
gp y Sec. 202. De r Diplomat 1c Securtty Sec. 70L Inter *Lational Antiterrortsu Com. *# l** **
Sec. 203. Pos n the Diplomatic Secu. Sec. 702. Inter: tat nal arrangements relat. Sec.12N T&un of M deMat rtly Sertsce. ing to passports and visaL $************#*'
TITLE !!!-PERf0RMANCE AND Sec. 703. Protection of Amertcass endan. See 2307. Espneeton of support of activt.
A CCOUNTAB fLITY y,,gg by gre app,a,ance y tsee of the United States Tele.
Sec. 30L Accountabshty ret teus.
gg ,,, pggg, qygg,g og , constunications Tratning in.
pa,, ports stttute.
Sec. 302. Accountakthty Rettew BoartL Sec. 704. Use of diplomatic privileges and Sec.1208. Pohey toward A)Vhanistas Sec 203. Pmeedures- immunthes for terrottsm pur.
Sec. 304. Findings and recommendations by TITLE l-DIPLOMA TIC SECURITY poses MC isL SJIORT TTTLE.
Sec. 305. Relatto t other proceedin0L muYttYalecoope lion. N", ' ' '**# N O" A*# "* O' **###
TITLE IV-DIPLOMA TIC SECURITY TITLE Vill-VICTlats OF TERRORISM
- PROGRAM COhlPENSA TION ## #
- Sec. 40L A uthart.satton. '*'
- w Sec. 301. Short title. "'*# b " # ""
See 492. Dtplomatte constructnan program. #'" ~
Sec. 403. Securtly requirements for contrac. Sec. 802. Parme'ts to indsetduals held in * #*
capitre status betsceen Novem. gl, y y g gg,g g See 404. Qual attons of persons hiredfor
" I"
- Personnet representsng United States inter.
the diplomatte construction Sec. 801. BenefstI for capitres and other #
ProGra M. vtettms of hosttle actson. Zi co d tions confronting United States Sec. 405. Cost oterrunt Sec. 804. Retentton of leave by aben em. Government personnet and misstons abroad ,
Sec. 406. Efftetency en contrschng. playees fodoactng truury from are frauN unut secunN concems t&ch Sec 407. Advisory Par.et on Orerseas Secu. hostLie action abroad. tetU conunue for Me fansreable futuni and n t y. See 805. Transttson prortstons t3) the usources noto available to counter _,
Sec. 408. Tranntn1 to improve penneter se. See sol Benefits for members of untformed acts of terrortsm and protect and secure ~
curttv at United States daplo. sen-sces tcho are rtettms of hos. Untled States Gover*tment personnet and matte mtssions abroad. tale action. missions abroad as teell as foretgn offtetals See 401 Protection of pubhc entrances of Set 807. Regtdattant GTt Mf33'ons in the United States. are inad-Untled States datlsmatte mts. Sec. s03. Ellectare date of entitlements. equate to meet the mounting threat to such swns abmad. "" ""# !* U 0" See AU. Certatn protectts ejunctsans. TITLE EX-MARITIME SECURITY y Sya,g gggy, @ NMh5 MWU W && I Sec. 411. Retmburse ent of the Departmc=st ( h,,eg4;3,,g gng,, nag,o'nal measures forg seaport ',, g olth the resportstbility of the
'" ~
Sec 412 lupector General' for the Untted Sce 901. Mensfn's pre t u tatclui acts
- ' ~ *' "'
Starts informatton Agencts Y ###
Sce 4tX fupector General lur the Depart- u.intntt passntgers and cretcs Mn and aM.?"" #
on gna,rgsn,p, o ment of State Sec. 904 Panama Canal securtty. * * #'* #' l* ' *
- A '#** '* "I #' l See 4H. Prohnbation on the use offunds for Sec 905 Threat o to Untted Matt M end e Bunau of Optoman"e'St.
facthtles in Israel. Jerusale*n. Sgagg,f po terrortsm rg , a n g y,,,,g,, cunN of Me Martment of Mate, and M sd or the West Bank. Src. 306. Port. hartor, and coastal factitty !* ** W " * * "*** " N h** '* 'h* O'O' TITLE V-STA TE DEPA RTMENT A U. secu rt t u. lonatte ecur1ty Serrtce of the Departnent Til0RITIES TO COMB A T INTERNA. Sec. 907. Securstv sta ndarets ett foretgn *! **'#
710NAL TERRORISM portl '3' 'O MCZf R C00'di'tation by the De-Set 501. Rewards for intemahunat tenor. Sec 903. Trutet adttsortes concerntnq secu. partment of State actt's federal, State, and ta ts ?'tv at foresgst ports. "*I G 9'*C G "A ****C'** Of f0"'9" 90C' Sec. 502. Retrar$2 for un rarvtation relats*ty '#' 90 0 #"# V'M W
- OI O*##'"G *- ern ents tn order to enhance securtty p*o.
to e n ternational na rcoterror. #'* N 0 ""'UC ** I* ' ** ## " W OI V'"'
by terrortsts' it) to promote strengthened securnty meas.
Scc 501 Coord nat on /t u Y related See H L Dettnthont See 912. Authortsatton o/ Approprtations. 1,,rn nsted andStatesM GotWw WW ernment mumm personnet actthd asststance.
See SM. Counterterrortant Proteciton '* M #' W # # * """" '# *
- Fund. TITLE X-TASCELL FELLOWSillP 15I to provtde authortsation of approprta.
Src. 305. Terrortsm.related trucet adctsor. PROGRAM tions for the Department of State to carry t es. Sec. 2001. Short title. out Us mwnstbthhn sn the ans of secun Sec. 504. Authortte to corttrut certaan teror- Sec.1002, fellottshto program for tempo. ty and countertermrtsm, and in particular istn-related sert sces, rary serrtce at Untled States to Itnance the acquisttton and tmprot'e-Sec. 507. Management of antaterrortsm as. mtssanns i:t the Sortet Unton ***'# *'U"$#'*"*0***'"'"'**
ststance programs. and Eastent Europe. #'*"*
Se e. 308. Nontethat atraort securtly equto. Sec.1003 TrtforcAtp tioard. **"'san*d communtcattons artfor0 A ' *
- tng . facthtte . ,
ment and commodstws for Sec. 2004. Teltuu'shtps matton, and secunty systemt l Egypt. See 1005. Secretary of State. Mi tot wlynttlTY uf f!!K %KMTinY of 1 Sec. 507 E2 ports to countrtes supporting T!?LE XI-SECT *RITY A T MILITAR Y
- acts of tnternahanal terronsm. BASES ABROAD ta) SWnn Imms -The Secretary of TITLE Vl-INTERNATIONAL NUCLEAR Sec.1101. findings. ## #' *""#'W'""'""""'
l TERRORISM Sec. 601. Actions to combat internattostal See H02. Recommen,tca actions by the Sec.
retary of De'eue.
,"l, c'*,,' ,, ,' ** f ,'"m ',,'n',"l I
nuclear terrortant See H0L Report to the CongresL abroad
\ ,,,,, of 1ch,g,ere g approp',
,,,,,,(,, ,g,tate andgg,
,7,,ga tentht,n pay. the Sec. 40%. Authortty to suspend nucuar coop. TITLE Xif-CRIMINAL Pt?NISilMENT Of ctes and programs, includtne flandtng tet ets erahon tetth nettons tch sch INTERhATIONAL TERRORISM and standarett to protide for the securtly of have not ratt/ted the Contest. Sec. !!0L Encouragement for negottalion United States Governme*tt operettons of a l
L
H 5946 CONGRESSIONAL RECORD - HOUSE Aregrest 12,1988 diplomatic nature and fortsgn government operations of a diplomatic nature in the rateIF) Liaison sector unth interests secunty American overseas prt. Lsed to lease (to such extent or in such United States. Such polictes and programs amounts as are provtded in apprognation shall include- 43) SsctlarrY suo rnorscrivt oesnsrtons IN Acts) such amount of space its the United THE t/Nrrto sTsrns.-
!!) protection of alt United States Govern. tA) Protectson of foreten misssons and States as may be necessary for the Depart-ment of State to accommodate the personnet ment Fatherpersonnel on offtetalunder than those personnel dutythe abroad international com- ctals, organtsations, and diplomatse personnel,foreten offt-as author
- required to carry out this tide. The Depart.
mand of a Unsted States area msittary com- ited by law. ment of State shaU pay for such space at the gy mondert and their accompanytng depend.
ents; IB) Proteciton of the Secretary of State 1 rate estabitshed by the Admintstrutor of and other persons dessenated by the Secre- General Services for space and related serv.
121 establishment and operation of securi. tary of State, as authonsed by tato. ices.
ty functions at au United States Govern. IC) Phystcal protection of Department of SEC ter. tnofECTIHmalla.ycoNst'IA TES ment misstons abroad tother than facthites State factlities, communtcations, and com- gy,, gg g,y ,, p,,,,,,, , gg, g, , , ,
or installattons subject to the control of a puter and information systems. gg,g, ,g,y ,,,,,gg ,,g gg ,gg, , ,,,,,g,,,g 3
United States area military commandert; IDI Conduct of investtgotions relating to gc,v o, y,,gom,gg, 3,eu,,,, gR m,g,ny g,,
(3) establishment and operetnan of securt. Protection offoreign offictals and diplomat. termtnattons with respect to accreditation ty functtons at an Department of State fa. Le personnet and foresen missions, suitabst- ,
c1tittes tn the Unsted States;and sty for employment, employer securtly. Ule- g 149 protectnon offoreten mnsstons, interna. get passport and visa issuance or use, and tional organs 2ations and foresen ollicials other snvestigations, as auutorized by law. TITLE li-DIPl.0M t TIC SECURITY SER S*lCE and other foretgn persons in the United IEJ Carrytng out the rezcards program for suc sol. gsrsausutrENT of Dirlowe TIC SECT'RI.
TV SER VICE, States, as a uthorized by la w. informatso n concerntng international ter*
tb) Ovtsstaur or Posts Assoso.-The Sec- !*sm author 1 sed by sectton 36tal of the 17 tere shaU be, sotthin the Bureau of Dtplo-retary o/ State shau- State Department Basic Authartties Act of matic Secursty. the Dtplomatic Securtty
!!) have fun responstbstity for the coordi. 1956- Service. The Dtplomatic Securtty Serrsce netton of au Unsted States Government per. IFl Performance of other securtty, investt' shan perform such functions as may be as-sonnet asstened to diplomatic or consular getsve, and protecttre matters as authortzed stgned to it by the Secretary ofState.
Posts or other Unnled States missions O
- SEC tst. DinECToR otDttlo ws TIC 5 Eft R;TV SaltV.
abroad pursaant to United States Gotern* ICE.
ment author 1tatson tercept forfactlnttes, in- M o rto eretopment and' 'cM'nahon The Dio omatic Securtt e stal:ations. or personnet under the com. of counterterrortsm planning, emergency g,,g,g yy , p ,,(go, g,,,,y Service ,c g,g y,shall be gg, 3,,,
mand of aand Unded States area msittary com- l#j*g*, "q"" *g"), *l y*,*g*l,V,*'* retary of State. The Dsr*ctor should be a mandert;
- g ,y l, career member of the Senior Foresen Serence g oh. or the Sentor Executste Sertsce and shnu be t%I for terris estabits!s all suchappropetale overseas posts or mustons forstaffang att ca}on[ha 3 , ,g g g quals/ sed for the postiton by vsrtue of dem.
Federal ageneses acnth actnettaes abroad and nmplementation of techntcal and phtrst- ***#'*'#A *05$#V ** 'N' "** *I *"'V rezcept for personnet and actirttnes under cat secunty programs, including securtty-re- lato enforcement, management, and pubite' the command of a United States area mutt. lated construction, radto and personnet se. "A*stration. EZpertence in management tary commander). ctsrtty communtcatsons. armorett t eh tcles. or operatsons abroad shaU be considered an Icl EtDEML ActNcy.-As used in this,tiUe ' N*' *A
, ',*** ** 'fll, go"g', go' affstmattre factor srs the selection of the Ds.
and intle !!!. the tern Federal agency in. g rector The Dnrector shan act unde the su.
cludes any department or agency of the h ,y Unsted S ates GovernmenL ""fg, y, ol,'Trc cot: sten stavict.-Manage. perrtston and directson retary for Dtplomatic of the Assistant Sec-Secunty.
ACC su st u er or Di!!,uw s Tic hwt ot/TY. ment of the ggpiumaggc cour,gr gerysee.
ral THE Ba?nr.<tt.-There shaU be a Dureaa til l'rtsOxvit. Tn tist.wl-Derciopment of 51.C :nt IvostTrou MRM tv THE DitlowtTIC satIntTT c.f Deptomatie bec*snty tn the Department of facthines, unethents. and matertals to develop Posstions nn the Diplomatic Securitu Sertu
. Male, to be luraded bv the Asststant Secre' und tsporade necessary skills in order to ice shall be ftlled in accordance avtth the tary for Duplomatte Secunty. The Assnstant carry out thu sectLon. prortstons of the Foreten Serrsce Act of1989 S*cretary shall be responsiole for such func. 481 Fonsto.s tsovan.sutur TnAlsixes.-Stan. (22 U.S.C 2001 et seq.) and Ittle S. United Intvns aJ may be directed by the Secretary of ugement and developrnerst of avsttletrortsm States Code. In fillnne such posttsons, the blate. assist.ince programs to assut foretyn gotn Secretary of State shall acttvely recrut t Iba Nt vatn or AsstsrAsr SrcnxTsnits.- ernme est securtty training schtch are admtn. acomen and members of menortty grottps.
The first section of the Act entatled "Arn Act s,tgrea by gute Department of State under The Secretary of State shall presenbe the la strenothen and sntprove the orgentaatton chapter 8 of part !!of the Foreign Assutance 41salafications requered for assigntne'st or amt artmsntstration of the Department of Act of1961 r22 U.S.C 2343aa et seq.I. appotntment to such postinons in the case State, arid for other purposes, approtid %rf. ten t ensrvnlTiov u! UTHEn fit)fa tL 64K.V. of positions destenated for spectal agents.
MnV 26.1349 r22 U.KC 26$2h ts amernded by stL1 the egraalutcations may include mastsmum str1Ators out "focerteers"and unsorting an incu rat A.:stsrs vet.-fn order to ficshtate ful. and mattmum entry age restrtetsons and thereof "JUtee.s 7 fillment of the responsibilitses descr1 bed tus other physical stanstartts and shaU sncorpo.
!ct Ihttrions sr 1.EtsL IV or Tut Extett. section 1011a1, ot'ner Fetteral agestetea thall rate such starndards as may be requtred by ris e Scurtn i n. ~ kelton $315 of titht 5. cooperette ethrough usertements to the matt. lato en order to perform secursty functions, thstled States Code, ns amended be str1ktn* mssm ritent possnble tetth the Secretary of to bear arms and to e2eretse intestsgatory.
ont "r!It" fat 10 terns "Asststant Seerrtarses State. Such agenctes may, acath or artthout scar
- ant, arrest, and such other authonttes of State" onet anserting trn here thereof resmbursemen t. provsde asststance to the as are at antsble by lato to special agestts of
"! ES ". Secretarv, perform securtly trnspections. pro. the Department of State and the foreng's r1de lagtstncal support relating to the darfer. Sertwe.
nc. 'on nomminturins I
nr it!K s%lAtt kA tany Iun port.cowe t/c u t t an t-
%f stC.
ing mtsstons and facutstses of other Fetteral TillKlli-PERFt>NMtMR ASD Wtthirs the <tuthortty of the Sectrtary of aym'ses. an't perform other aterseas securt ACCibthTABIllTY Stare. tv .teststant Secretary for Dtplanatnc tv functsorts as may be authortard by the g(_ ,y g(og gy,,gg,7y ggg ggy_
Se curate s'tould be responssbie for the follow- Secreta ry. Stwctitcally, the Sec'etary may snv avtre to deleerste opemtio nel control of over.
sta Ton van ortter or .stetstrY vtwc-seas sec u rtty functsons of ot\er federal , , *"}'* , lRh* *,*,*f ticu -ftetettons and responstbttstses eter. anneses to the heads of such agenctes. st.b. Y"d '*
- U d #'* N* O* ' * ' " '**
ctsed by the Offtce of Secunty, Depart' rte *tt tect to the Secretary's snuthortly as set forth sson abmad which is corewd by the Omn.
of State before Not ember !!, t945 tre secttors 103tal. The agerscy hettd recent trne U" N U" I WW N W" W
- N sucin d* Minted authonty shad be resporutble ellay M $nslauaHon sukect to the contrM nf
!!! Met. ntTY no enuttcTass Urtkttrons to the Sceretary t*n the ereretse of the dele, a Unded States awa mt!Uam conunandm 4 Gn 04D. -
WA l Estabitshment an ( *h'* * "' ' '* * **
- h N I* '* A '* **f " * ' V' IDI Estabitshmernt and operattors of local mestte soeurtty operattorns, cr sntethgence MEC202 C"l%**ll!YYMMIE*****O gtsard serttees. acttenties as defined in Executste Order tal McMatasettr.-A Board shan constst of 12333.
IE) Supertusoon of the Uneted States tet CtarAls Lasst AnnANavetvrs.-11tr Ad- fire members. 4 apposssted by the Secretary Mart'te Corps sectenty 9tsard program. of State, and i appointed by the utrector 1,1 mtststrator of General Sertters is atsthor* Central Intelligernce. The Secretary of State
August 12,1988 CONGRESSIONAL RECORD-HOUSE H 5947 shan designate the Chatrperson of the graph, a court of the United States setthin program or operation schich the Board has Board. Members of the Board acho are not the furtsdictton of which a person is direct- rettenced.
Federal officers or employees shau each be ed to appear or produce trtformation, or Ic) Ptasonnet. RtcountNDATrons.-%1 ten-pand at a rate not to exceed the maztmum tetthin I,he furtsdiction of which the person etir a Board finds reasonable cause to be-rate of basic pay payable for level GS-18 of ts found, restdes, or transacts business, may inere that an individual described in section the General Schedule for each day tinclud- upon application of the Attorney General ag3tallistB) has breached the duty of that ing travel timel durang which they are en- issue to such person an ortier requiring such individual. the Board shall- W geged an the actual performance of duttes person to appear before the Board to gitt !!) nottfy the individual concernet rested in the Board. Members of the Board testimony or produce irtformatton as re- (2) transmit the finding of reasonable who are federal officers or employees shau quered by the subpoene, cause, together actth an information rele-receive no additional pay by reason of such membershipu ICI Subpoenaed acttnesses shan be paid the tant to such finding, to the head of the ap-1b9 factuTits, Ssastets, Surruss, AnD same fee and atteoge attowances which are proprtate federal agency or instrumentali-paid subpoenaed witnesses in the courts of tv, and Start.~ the Unsted States-t!) SerrutD sT DerARTMENT or STATE ~A 131 recommend that such agency or instru.
tbl CONtrDENT!AUTY.-A Board shan adopt mentaltsy innttate an appropriate intestiga-Board shall obtain factitties, services, and for admtntstrative proceedings under this tory or dtsetplinary actton, supplies through the Department of State. title such procedures actth respect to cortit-AU expenses of the Boart including nects- denttality as may be deemed necessary, in- in deterntining whether an indictdual has sary costs of travel shan be paid by the De- ciuding procedures relating to the conduct ached a duty of Mat indirtdual, the partment of State. Travel expenses author- of closed proceedings or the submisston and Board shan take into account any standard tzed tsnder this paragraph shaU be paid in use of etndence in camera. to ensure in par- of conduct, lato. rule, reguMion contntet, accordance tetth subchapter i of chapter 57 tscular the protection of classtfied informa- or arrier which is pertsnent to the perform-of ttile 5. Unsted States Code, or other appli- tion relating to nattonal defense, forexgn ance of the dunes of that indicadud cable law. poltcy, or tntelingence matters. The Dtrector 1d1 MRTs.-
- 12) DETAIL.-At the request of a Boart em- of Central Intelligence shall establish the !!I PaoanAn accoxxtNDATrows.-In any ployees of the Department of State or other level of proteciton required for intelligence case in which a Board transmits recommen.
Federal agenctes. members of the foreten informatton andfor utformation relattno to dettorts to the Secretary of State findings Servtce. or members of the untformed serv- intelligence personnel including standards Itchich may be classtited to the extend sees may be temporartly asstgned. totth or for secure storage. deemed nessesary by the Board) to the Secre. ~
1ctthout retmbursement, to asstst the Board ici Rtconos.-Records pertatning to ad- tary of State, together tenth recommenda-139 Eartats AND consultants.-A Board mtntstrative proceedtngs ursder this title tsons as appropMate to improve the securHy may employ and compensate tin accordance shall be separated from an other records of and effittency of any progntm or operation totth section 3!09 of title 5, United States the Department of State and shaU be mann, schich the Board has revietced.
Code) such experts and consultants as the tanned under approprtate safeguards to pre. (2) PERSONNEL RECOMMENDATIONS.-In any Board constders necessary to carry out its serve cortftdenttality and classtitcatton of case in tchtch a Board transmtts a findtng functions. Experts and consultants so em- trtformatto's. Such records shall be prohnbst. of reasonable cause under subsection (cf. the played shan be responstble solely to the ed from disclosure to the pubite untti such head of the federal age'tcy or instrumentali.
Board. time as a Board completes tts teork and ts ty recetrtng the informatton shaU retteto the SEC 20L PROGDt'RES dismissed.17te Department of State shalg evtdence and recommendations and shall tab Eyrotnct.- turn over to the Director of Central intellt. not later than 30 days after the receipt of y 111 UNrTED sTATis GOrtRNnttNT PERsoMNEL genCt inteUngence information and trtforma. that fi'Eding. transmit to the Congttss a Ano conTRActons.- tion relattrte to irntelligence personnel achsch 90'l *P'CtlV'30~
IAS Wsth respect to any individual de. shall then become records of the Central in. IAI the nature of the case and a summary sertbed in subparagraph IB). a Board may- telligence Age'ncy. After that time, only such of the ertdence transmttled by the Board; It) administer oaths and affirmations; exemptions from dtsclosure under section GNd T
tiil requtre that depostitons be gtren and 55:tbl of tttle 5. Untled States Code trelat. IBI the decision by the federal agency or enterrogatortes anstcered; and ing to freedorn of n'tformattono. as apply to instrumentality to take discipinnary or tili) require the attendance and presenta. Other records of the Department of State, other approprtate actiorn against that indi.
tnon of testimony and evidence by such indi. and to any s\formattort transmitted under t'tdual or the reasons for dectding not to rtdual section 304tc1 to the head of a Federat take disctpinnary or other actton tetth re-Tatlure of any such indictdual to compiy agency or instrumentalsty. shall be avanlable spect to that indtrtdual tctth a request of the Board shall be grounds for the rematrning records of the Board. MC ssL REL4Trov Toi THER PRotEEDt%fis for disetpitnary action by the head of the id! STATt's or Bonaps.-The prortstons of Nothing in this title shall be construed to federal agency an tehtch such indtradual ts the federal Adctsory Committee Act t$ creste admtntstrattte or Judicial rettete employed or serres, or i<t the ca.tr of a con. U.S.C. A pp. I et see.1 and sectton $$2b of remedtes or rtghts of action not otherwtse tinctor. deberment tttle 5 of the Untled States Code trelattsna to atatlable by le cc. nor shall any prortston of IDI The indtenduals referred to in sub. open meettrngse shall not apply to any thts Intle be construed to deprtre arty persorn paragraph IA) app _ Board. of any steht or legal dele tse 1chtch tcould it) employers as deftned by section 2105 of !Tt' see Fr\t>tu.s < %o NKtotut\ne ttow av 4 o:hertense be available to that person under title 5. Untled States Code (trneluding men. Ru s Ris a ny lato, rule, or regulation.
bers of the fore 1gn Scrrace); tal Fl%DINCs.-A Dnard convened tn any fj yy); j y_fppp[p sq q fjp 5g(g fgjfy pfgyt;fgpq
!sti members of the untfornted serrtces as case shall examtste the facts and Ctrcum.
deltned by section 10!!31 of ttile 37. Urtsted stances surroundang the serious tnyury, loss M tot ut m atitu States Code: ofitle, or stenti: cant destructton of property fa' Dt'Lohrn rte Szct:nrTr Pnocrast.-
test) e'rnployees of trestrumentaintnes of the at or related to a Urstted States Government til lx GE.ssnat -trt additton to amounts Untled States; and massion abroad and shall make terttten firsd. otheritse avatlable for such ourposes, the fire indttnduals employed by any person sngs detenntntng- follancnne amounts are authortsed to be ap.
or enttty urnder entract tetth agenexes or in. t!) the rite'st to schach the inctdent or sn. D'opetated forfiscal yea rs 1986 and 1317. for strumerstalttles of the Untled States Govern. etdents tetth respect to tcIntch the Board tras the Department of State to carry out dtplo.
'rtent to prortd serrsces, enutoment or per. conte
- sed tras arcurtty related; matte sectsrttti constructto*s, acqtitsttton, sorn rtri. !!) Ichether the secttrtly systems and secu- GNd opr'attorns pursuant to the Departmestt tal OTHen Penso%s.~With respect to a rtly prccedures at that mxsslort urre ade. of State's Stspples*tental Dtplomatsc Securtly person teho la stat desertbed tot paragraph quale: Proy'am. as lustl nedi to the Congress for the
'!HBI a Board may admnntster oaths and til schet'te* the securtly systems and secu. respretat'e ?nscal yearlot "Admtnistratton of affirmalnorts and require that depostttons be r1ly procedures scere protwrty tmplemented; foret']n A!!agrs"*, as follou's' gtt en and interrogatortes anstteretL 141 the nrnpact of intelligence and artforma- IAl fo! " Sala!'es G 'e d Eric' eses ".
43I St:BroENss.~ tab The Board may issue a Iton at atlabsisty. and $208 IN 000 subpoena for the attertdance and testimony 15) such otkr facts artd ctrcumstartces 181 for "Acquisetton and .%tatnternance of of any persort lothet thats a persort desCr1 bed t:htch may be relrt a't! to l'ge approprtate se. Bus!dt'tgs Abroad" 1t$ ?.406.000.
1 *t clause 18). till, or titt) of paragraph Curtiv ma'taceme'st of Untled States mis- ICJ for "Counterterrorism Research ord tillDel artd the production of documentary starts abroad- De retopmr*tt", 885.000.000.
or other ettdernce from any such persort Lf tbs inoonAar RtconruesosrtonssA Board 129 Axtirsanontsnt assnrtwe ~Secitan $73 the Board finds that such a subpoe'te ss nee- shall submnt sts /ttnatregs rathsch may be clas. ni the Foreten Assistance Act of 1941 !!!
essary retopment in l'te tnterestser1dence.
of relevans ofltsattce for the do. st:ned to the ette'st deemed necessary by the U S.C. 2143aa-42 is amended by str1ktng out Doordt to the Sec'etary of State together "19.840.000 for the ittcal year !$t7" and an.
i j IDI In the case of contumacy or refusal to tctth recomme*ndattons as appecortate to sorts'tg tot stru t'tereof "314.480.000 for the obey a subpoesta tssued under this para. smorote the securtly artd er ftetency of any fxscal year !sti".
1 %
r 9
H 5948 CONGRESSIONAL RECORD-HOUSE August 11,1988 431 CArtrAs constnocrton rucAL YEAns Isss (2) PaoCEEDE rnoM TNE ALE of FVMITUnE. stonal, or construction serviers statlar in THnovoM Isso.-115ere is authonzed to be ap. vt;nMisHtMGs. AND EQt;!!MEMr.-Seciton S Of CoMpleZtty. type of Construction. and tatue prognated for the Department of State for the foreten Service Butidinee Act. 1920 (22 to the project betne bid:
"Acquisttton and Maintenance of Butidings U S.C. 2001 ts amended bs addine at the end (E) with respect to a construction pro}ect Abroad ** fbr each of the fiscal years 1988 thereaf thefollowtag new subsection: under subsection talt19. has achtered total thmugh 1990. 84!7.962.000 to carry out dip- "tc) Nottenthstanding subeection 161. pro bussness colume equal to or greater than the tomatte securtty constructnan, acquisition. creds from the dnaposstion of furnsture, fur- snnlue of the project betng bad in 2 years of and operations pursuant to the Department nnshtngs. and equtament from diplomatte the $. pear pertod before the date spectined in "#
of State's Supplemental Diplomatte Securtty and consular estabitshments in foreten subparagraph ICittJ:
Progre'rL countrtes shall be depossted into the Torrtgn tritu employs Untted States cittsens in at It! ALLOCArloM of AMotWTs AtmronfLED To StiriCe Rutidnne fund to be avatlable Jbr least 80 percent ofits prinC19te ManageMtnt Kr arenarniereo.-Amounts authortzed to be obligatton or e2pendtiure as directed by the postinons in the Untled States, approprsated bs this suksrction, and by the Secrggary
- ggg, ,,,gny, y,gg,g gggg,, ,ggg,,,, g, ,,,,
amendment made by paragraph t21. shall be t]) RErnooMuMrvo inEArarsur.-Amounts anorated as prototded in the table entntled snade avantable for furnsture, furntshings, than hay of its permanent, full-ttme post-
"Dsplomahc Secunty Program
- relattng to and eautoment pursuant to subsecttoss tab tions in the United States, and thts sectnon which appears in the Joint Ez- shall be treated as a reprogramming of # ""U '" # "# #
tlanatory Statement of the Commtttee of funds under section 34 of the State Depart. *# I'*## ## #*"# *l * * * * * * *
- Conference to accompsnv it.R. 4858 of the ment Raste Authortties Act of 1956 422 # "# * " #
- l**" "'I '"## *I * *" #
Sith Congress othe Omnnbus Depicmatne Se- #*;
- curtly and Antsterrorssm Act of!)S61. U2.C. 2704) and shail not be avanlable fbr IG) has the e21 sting technical and fnnan-obingatson or expendsture except tus compit-tbl NOrrricarton to AUTxonisshu Conurr- ance wtth the procedures appiscable to such *I "***'* ** ** h'M ***** O W rris or hsw.ssrs von Arrnorn1Arto,vs.-In form the contract: and
,,y mq,,,.tms ng.
any fiscal year, schenerer the Secretnry of g a no the term "quanfted United States fotnt State subruts to the Congress a request for y,,, 7,(g. ,7, ,,, ,
approprtatnorts to carry out the program de. tal PRErtnLNct ron t!N!rfD Starts Cos' nenture person' means a josnt venture nn whtch a United States person or persons scrtbed in subsectnorn la), the Secretary shall T*^M*3 ~N*l'esthstandtng section !! of otons at least $2 percent of the assets of the nctVV the Commst:ee on foreten Affasrs of the Foretgn Servace Butidnngs Act,1926, and ,,,, g 7,,g , ,,_
the flouse of Representatters artd the Com. uitne adequate compettttors eztsis, only ,g, ,,, A,c,, 3g,,0,,7, go,,,,c,n,,_ _yng mttlee on foreton Relatnans of the Senate of "" # d bl'I'* P"** ""O ***EVI'd U""'d less than 10 percent of the amount approprs- " *%
s.ch request together rosth a justtlication Of SE* E** N '" S l* I ? P** ** * * * ~
e2ch tiem tssted in such request. til bad ors a diplomatnc construction or ated pursuant to section 40! lab for daplo-fc) RtraoonANutNG TREArM2xt.-Amounts desan project schnch has an estsmated total matte constructton or design projects each Pm3*'t 'ulue exceeds ng $5.000.000; and Inscal year shall be allocated to the extent made avanlable for captial projects pursuant to subsectsors tal shall be tversted as a repro- 'E' O'd ** * 'l'PI*"tatte constructtort or practncable,,f,or contracts tetth Amertcart mt.
n,,, gy (C ,, cg,,,.
gr*nmmtng of funds under seetnon 24 of the dostin project tchsch introites phystcal or tel AxtnicAM SnrA t.t. Business Cowrnac-122 tf C 7961 d sh t rno te asang br E ron 9ubsection tal s!{all otot rons.-Not less than 10 percent of the able for obttgatton or expendsture except irt GDClV uh nspect to any diplomatic con. M " ' 9 * *
- e n P *;*
c ance setth the procedures appincable dest p je in f pro]rcts eachInscal year shati be allocated to edl Paoutstrros on Rt.alloCArroNs of AU. Uranted States Contractors on such projects. $ * ##5 *S N'*CS*05" l*' #**S'*#S# *'lk ****'I'*
?:tontz.srioNs.-Sectsun 24tdl of the State Dr. 17se exceptrorn contatned in this subsectnort A Mnca'rn small bustness contractors.
Partme*tt Baste Authorttles Act of 1354 (22 shall o nty became effectare letth respect to a of) Lturrerton on ScaconrnAct:No. - M th US C. 269PdII shall not apply renth respect foresen courntry 31 deus after the Secreta"1r respect to a diplomatic construction pro)*ct.
to any amournts au aortscd to tw noproprt- Of Stdle (**!'f'*
- to the COM*tattee on For, a prnme contractor may not subcontract etNd under thts sertsms. 'M" A'!'ltrs C *td the Commettre ort Appro. more thars $0 percent of the total t'alue af its del Stet:strY Rs'Qt!tasmsNss or Orreta fon. prta!Lons of the lionse of R#prese*xtattres contract!or that project finn AFFAtas AoKNt'IES.-Basert solely on sr. artd lite Committee oa fore 193 RflattoNs set'. HE M t MITY REQt t.tEWEMS foR t o%IR tC*
eunty requarrmernts and tenthsn the total GM't :he Commttree orn Appmpriatiorts of the innt amount of funds at atlable for securtty. the Se' tate :chut spect/sc actnons he has takest to Not later than 90 da ss after the date of en-
'.evetary of State shan ensure that arn eque. urce such forenen countr1r to perr'ntt the 'ase actmrott of thts Act. the Secret 1ry of State table level of fundsrt2 es prot:tdtd for the se- UI l n t ted States corstractors o rn such shalt issus regulations to--
cisraty requnremertts of other foresq=1 affants p cjects. and schat actsons he shall take tenth !!) strengthen the sectsrtty procedures 40-a tencies. respect to that co'sntry as ansthortsed by tktle r!ttaNe to cosstr1ctors an.2 subcontractors til intirtettMri or fusos.-In the etent 11of tore Statr Departtrte*tt Baste Authorttles t*stoired tot any t:3y setth any dsplumatsc that snifteseret funds are not stat lablt in Att of 1956 t22 U.3 C. 4202 et seq.; commonlV c3*nstruct.ast or destyn project; and a rtylLscal yearfor ad of the sitplornatte secu. ref:~d *c as the 'foreton Masstons Act"'. (*I pemtt a contractor or subcontrastor rtu con struciton, acounsstson, and oper. .c o Dir:stuovs.-for t*ne purposes of thes go y,agg a .n to any dw's or bluepnnt re-u!wr's pursna'st to the Depa'tmr~t cf State s s.ct w n ~
lattaq to such a project only gn accordance SLpplemerstat Osp?am,ttle Secuti:V Prugram. 'l' !"e le 'm 'ad' Da:e com Ve tt ilo ' u tth those procer:rsres.
es lusinJtri 80 the Cana'c.ss far sush ltscal merts *t il'n resyct to a conoituertet or 't
,,, g. p,. ,,p,,
.av the Eccretary cf S! ate shall " port to a *sU't n' wn. :he presence of ttco nr mo** ^
7,,,,,,,trowtTIC M TNttIHos VNo-Har Cannrces the e!!cet hat the testrfltegency Quatt! *cd 'Mders stabmtlttN1 responance bids g,y , y at funds lend hat e scath renect to the Dr. fort *lat pr%!ct;
!!! V'e .'e rt Urttled States person,, n'rans y ar, p,,,
Texrtment of State and each <>f the other for. , agg ggg ggggomaggg co,,,gy,c,
,p,, ,r,,,,,g g0 t4 ,,cg,,,t 4g;,,
I T f t'%Ds fun Can talN SECU. 1 1 c porated or frQallV orgarlsted " * ""
r:Tv Patuasseus.-Of the arntmsnt of funds ass- unaer the laws of tite (lussted . States. Erstitsd- # WY # #
'ertsed to be auptccrtated by subsectLort 8 99 Sta'e. the DL*trtet of Columbett. and *" ' ** U O *## N # # "## ""
t rat t ro A). 818 $37.000 s%s!! be st a.latle to tccGi ta tek "'" #d '""'## # #~" ' I' #
the Secretary of Stats ante for the proteciton rB' stas sta p*tnctual 5? ace of business are "I'**' # '*** N##"'#^ #'"' *
<! classVted CIfice equeusuunt, the expansnan the Unt:rt S'ates; # ^ * * * *# '" I'"' ' ' " "# W ' * "'
vf :nformattun systems securtty. and the !CI *as % e's t teornarated or legally or?a. ~ ' *^*" * 'D"'"' #"
sr1%9 of .4rnencars wtrms nx'acgers and rttwt t rt t%r Unitea States- ' A '" "l"'"*" ####
e.;':r.xtJrs its' coursV'sters <st kr its threat locet- It' I'r 'n've t %J *n 3 Vra rs b*fo'r th e 'St ta. Or M emiMhM M o
- s. arate dJ:t rf L.e snttlattort for blifs or tv- ( P/ /I*tmi'it vr?'atred lo complel( o rt V eGR
'h o it s % trar. Fr ewtows, aso Eactr. Quest %r proposale covn reesrect in en con. t::st proyet dese the't tre the Departmc~t af
' n t -.- struct? /n ru m! retur subseettun r es t!!I: heatt's .%pir~r'tt*t Osplomatic .%cusnie e1o t At er s t m s or x stit nr, renstsor- and tv.:s. e so t u tr oer u t -If ph,anc aHy poss1ble, l'wir't r't. c s "ultfaret t3 the Con fr*>s for the teto o r ntor' in n's 2 virs before the issu. resrec:\t r rt3 cal sear. 't htch is sin eterss of J- nit. ors va:atrvt or aceutred pursuant a n te <*.1's of >.e ott na: tors for bads or re. l'te etmarer st madr aratlable for that prniret to suters tnort oat s;ta t t:e fur ttshed and quest lor proposals Icelh respect to a con. pursuant to setteors 40lfal*!! or !3b shull be equnpred reten t%? lurnsture. furntshings, strtsclears or destant project schsch enactres treotted as a vrprogrammtng of fursds under 1*nd equlpment that uere bet *tt used in the phssscal or technas al securtty tsnder subsrc. sertton 24 Af the S:ste Department Basse Au-facthties betng replaced, rather than tenth Iton tert 21 thontars Act of 19$6 922 tlS C. !?C61 ausd netely acquired fur'stture, lasrntahtetes, and IDI has perforaIrd tet t% e rt the tPt u ted shat!
- tot ')* avantable for obligattors or et entn tomers t. States admtrststrattn e artd technternt. profen- pendtture escent its compitante u'sth the
August 13,1988 CONGRESSIONAL RECORD-HOUSE H 5949 procedures applicable to such reprograne 12) DtnxtTroxs.-Section !! of such Act t$ anrtue of their integrtty and their knoscledge mings. U.S.C App.)is amended- and experience in the conduct offoreten af.
sac osa Emcit.scT1.4 WsntACTrNa (A) in paragraph !!I by inserting "or the fairs.
fal Boxcsts Ano PENALTtsx.-The Director Director of the United States Information (B) De etnrector shall reoseso activities of the Office of Foretan Buildings shall pro. Agency" tamediately be, fore "as the case and operations perforamed under the direc-ende fbr a contract system of bonuses and may be "and eson, coordtmagne, and saperession of chte/s penalties for the diplomatic construction -h IB) in paragraph (2) by tusserting "the of muston (preended in section 207 of the program funded pursuant to the authortaa. United States in, formation Agency"immedt- Foresen.9ernece Act of 8980122 U.S.C. 39273) tions of approprtations provsded in this ately before "or the Veterans' Adminsstra for the parpose of ascertaining their conso-title. Not later than 3 months after the date lion" nance tetth the foreign policy of the United of enactment of this Act, the Dtrector shall ibb D*mmu-Of the fursds authorized to States and their constsiency acith the re-submit a report pieneensation to the of this Cbngress on the iny be appropriated to the United States Erdbr- spoenambrw of the Secretary of S8 ate and section.
maison Agency for the fiscal year 1987, not the chsef of anaeston. This authority shall not
- 16) Svnnerr Bonos AND GUARAxrtts. '!he less than $3.000.000 shall be available ortlV preclude the inspector General of the De.
Director of the Office of Foretan Bunidings hr the operation of the office of the inspec- partment of State from carrytng out any shall tract forrequtn workeach underperson awattledcon.
the diplumatte a con. tor General nmade by subsectsonestablished tal, by the amendment function of section 20910) of the Foreten struction program to post a surety bond or ici Postrook AT LtvtL IV or me Extet:rrVE Serstce Act of1980122 U.S.C. 39291911.
guarantee, tn such amount as the Dtrector ScHEDa.s.-Section 5325 of tstle 5. Untled 13) fcxDING ron Txt orrict.-Of the may determine. to assure performance under States Code. is amended by adding at the amounts authortzed to be apprognated for such contracL end thereaf thefolloactng; " Administration of Foreign Affairs" for tc) DisovausscArrox or CONTRActuas.-No ftscal year 1987, not more than 34.000.000 person donne bussness totth Lnbya may be et. " Inspector General. United States Infor. shall be gratlable for the purpose of estab.
matson Agency.*. lishing and maintaining the Office.
tesblefor any contract attarded pursuant to src. orz ositcTOR Ct% TRAL PPR THE Dtf tRT.
thts AcL MENT or sTATL
- 14) ExsrtCT!ox BV orrict or ExsrecTOR GLv-SEC der. ADVISORY Pe%sL o% oVKA%8As stet RITY.
TRAL-The Office shall be subject to inspec-tal Not later than 90 days after the date of en. or STA rt.- ExsrtcToR GENERAL or Tut DtrARTsttNT tion by the inspector General of the Depart-actment c/ this Act, the Secretary of State ment of State.
!!) DrnscTrox m ESTAsusst.-The Congress , .
(c) AnousxMtxT or Tut Exsrecron GtxtnAL shall submit a report to the Congress on the directs the Secretary of State to proceed im- or Txt Dtrantsrtxt or start Axo Tut Fon-smplementatnon of the 91 recommendattons mediate!V to establish an Office ofinspector contained in theftnal report of the Adttsory General of the Department of State not later trox SinTict.-Section 150tbl of the Foreign Relations Authcrtsation Act. Fiscal Years Panel on Owrseas Securnty. If any such rec- than October 1.1986. Not later than Janu. 1986 and 1987122 U.S.C. 3929a). is amended ommendatson has been rejected. the Secre arV 31.1987, the Secretary of State shall to read as follotes' tary shall p=ot tde the reasons schy that rec. submit a report to the Committee on for-ommendatton was rejected. . esgn Relattons of the Senate and the Com- ~tb> AsousnutxT or TNE INstscron Gesta.
At. oe rnt DersarstxT or start AND TNE Fon-SEC. An TRetuw to twrRott rtRINETER 5stT. mtttee on Foresen Affatrs of the House of trax Startet.-Notteithstanding section 209 RITY AT OITED Starts DirLontATic Representatires on the progress in estabitsh visstoNs ABRostk ing that offtce. Such report shall include an of the Foretgn Service Act of1980122 U.S.C 19291, the inspector General of the Depart.
tal TRAlktko.-It ts the sense of Congress accounting of the obitgation of funds for ment of State and the Foreten Service is that the Prrstdent should use the authorsty fiscal Vear 1987for that office. 5 under chapter 8 of title !!of the Foreign As. hereby aboltshed.".
929 Derris Ano ntsrovstarLITits.-The In" Atlance Act of 1961 frelating to antiterror. torctor General of the Department of State SEC 4tt I'RUNIRITins u.s TNs ist Or ft ads noR ism assistancel to improve pertmeter securt. tas estabitshed by the amendment made by vertuTIEs tv Isrsti, Jtat s saw. oM tv of United States diplomatic misstons sectson !$0fal of the Foreign Relations Au' Tat u tsTs s.vx abroad. None of thefunds authorued to be appro-thomation Act. Ftscal Years 1936 anti 19871 tbl Rtronn.-Not later than October I of is authomed to perform all duties and re* pnated by thts Act may be obitgated or ex-each year. the President shall submit a sponsibtitttes, and to ese*ctse the authort* pended for stle acquistiton, development. or report to the Congress on the pro <rress and tics, stated in section 209 of the Foretgn construction of any factitty in Israel, Jeru-pmblems of improv1ng pertmeter securtty of SerTsce Act of 1980 I:2 U.S.C 39299 and tn salem, or the West Bank.
U'ttted States dtplomatic missions abroad, the inspector General Act of 1973. U .
sit' m PRnTrrTrav nv et nut EATRt. vets or 939 EAnMARR.-Of the amounts made avati. .T -
C%ITTO MTt TEM DII*LoeteTIC erishinn able for fisctti trear 1997 for salartes and eg. 5EC. sol. Ren 4Rt9M M)R fYTER14 TiovAt. TFRRisR.
auRosit penses under the heading "Admirststratton 13 T%
19t e Secretary of State shalt install and of Foreten M!atrs", not less than $6.500.000 ft is the sense of the Congress that the Sec.
ntatntatn a acalk through metal detector or shall be used for the sole purpose of estab. retary of State should more vigorously utt-other advanced screentno system at public lis'tt'tg and matntatning the Offtce of in- tt:e the montes arallable under section 36tal entrances misston ab*ofoat ettch Unsted States dtplomatte spector General of the Departme'tt of State. of the State Department Bas 4 Authorttles I4o 1.lvrrsTron on arronrTMtxT.-No career Act of 1956 (22 U.S.C 2708tas; niing to re-str. 460 rFRTelt PRn1rrTttK FVYCTinn member of the Forrten Serrtce. as deltned by scartts for trVormatton on inte tattonal ter.
Sectsan 20 flat of tutte 3. tinttcd States sectwn 103 of the Fore 1gn Serrste Act of rortsnto to more effecttvels apprehend and Cutte. ts amended by adding at the end 1920 422 CS C 31039. may be appotnted in. prosecute internettonal terrortsts. It ts fur-thereof the follotetng: "In carry:ng out any spector General of the Department of State. ther the sente of the Congress not the Secre-duty untter section 202t19. the Secretary of t$1 PuestroN 4T LEVEL IV or THE EMICUTrvt tary of State should constder ac1dety publi.
State is authomed to uttli2e any authortly scornortt.-Section 531$ of title 5, United etttng the strable retrards artselable under avattable to the Sec*etary under title !! of S!ates Code las amended by sectton 4121. is presett latts so Wat mevor internettonal ter-theI956.
of State
" Departrnent Bastc Authorttles Act amended by attdang at the end thereof the vortstllgures may be brought to rusttee.
fuitctetng:
%FC :ss. Rtn JRDM M6R 1% FUR 4 5 710% ret.t TI%G To wr. Itt. RrlwRI'RU 49 %7 nr TNK He r1RTVK % T or " Inspector Genersl. Depetrtment of State." I' TR N \ ' T!"* ' L +4RtortRRnRIsw YHz TRh e %I Rt.
r6I CovroRMtvo AussoutxT.-The last sen. ""*""
The Steretary of State shall tr1mburse the tence of sectton 209talvt) of the Forergn tal A t WY To PA Y AND PVRroSt.-Set-appmartate appropr1attorts account of the Serrtce Act of 1950 (22 US.C 3929tattist is lion 36 of State Department Basic Author 1 Department of the Treasury out offvnds en- he*eby rep *aled, ties Act of !!s$6 !!! l'3.C 27011 ts amend, proprtated Ptsrsuant to secttort 40!tatt!) for Ibi Orrret or Poucy svo IMonRA w ed -
the actual costs enc?trred by the Unsted Rivit w - !!! bV redesrgnaling subsecttons ibb States Secret Serrsce, as agreed to by Me Secretary of the Treasury, for trortdtrig pro- shall retabitsh an office to be knoten as the spectt#5'
!!/ EsTesusHMENT.-The Secretar1I of State OTOMN 03aEUbl!CSIONS tily: nd ICE $NYOkVN 'EI* !!'
tection for the spouses of foretest heads of O'Ilce of Pottey and Program Revneto there. 129 by e nserting after subsection tal the fol-state durt ng fiscal years 1986 and 1987.
after en this secttort referred to us the latting new subsection:
%Er. ett tvertinn CF%WM4L MIR THE r\tTKO " Office"I. "tbril! T'It Secretary of State. upon the re.
hT4 TER L%MIR 44 T10% 4 GR W Y (29 OfRKrtnR.-
tab ESTAsusMutn- quest of a chtelof mtssion and tctth the Con-IAI The Offtce shall be headed by a darec. c strence of the Attorney General, may pay a til A rroonTMExt axo RtMorrt.-Sectton tar. appasnted by the Secretary of State, teho rescard to any individual scho furntshss in.
!!!! of the Inspector Generrti Act of 1978 t$ shall report to and be under the general su. formation leadtne to-t/S.C. ApsLe ts amended by tnsertista "the perteston of the Secretary of State. The dt. "tAl the arrest or cont'tetton in say consn.
Untled States information Agency," tmme. rector shall be appotsted tctthout reparti to try of any indit'estual for committene. pr1-dtately tton ", belbre "the Veterans' Administra. political affthatton from among indirtduals mornly outstde the terettorial1,srtsdtetton of excepttonally qualtfled for the posttson by the Unsted States, any narcottes-related of-
CONGRESSIONAL RECORD - HOUSE August M,1936 H 5950 fense tf that offense involves or is a signift- adding at the end thereof the follotetng neto SEC The su Secretary TERRORI5W-RELA TED promptly of State shall TR.t vet, 4DsthnRIAx ext part of conduci thet tnvoltes- subsections:
"It) a vtolation of Untted States drug lates "tha Not later than 20 days after paying adetse the Congress wheneser the Depart-whsch occurs pnmartly outside the territort- any reward under this section, the Secretary ment of State issues a travel advisory, or el furtsdietton of the United States and of State shall submit a report to the Con other pubite tearning notice for United which is such that the endividual would be a gress setth respect to that rewartL 71te report, States cittsens traveling abroad. because of tehtch may be submstted on a classtfled a terrorist threat or other secunty concern. Np" ~
maior vtolator of such laws: Or "etta the ktiling or kidnapptng outstde the bas,s if necessary shall spectly the amount sEc su nTaontTT To co% Trot, CERTsts TER.
terrttortal furtsdiction of the Untted States of the reward pand. to tchom the retcard was Rontsw.RELtTED SEntKEL C/-
paid, and the acts actth respect to tchich the * * **' # ** A *##*" U'*
"til any officer, employee or contruct em- retcard was paid, and shall discuss the sig. #* # ""*" # ~
ployee of the Unsted States Government ntftcance of the information for tehtch the "' * " ####***##"* **'U** ## '** **
- schste such indivsdual is engaged in offtctal retcard was paid in dealtng aesth those acts. destgnated by section 504 of this Act) as sec-d1ttes, or on account of that endsettimal's of. "tti As used in this section- tion 42;and "Ill the term ' United States drug laws. 121 by inserting after section 29 las added .
facial duftes, in connection ment of Untled States drug laws or the im. tctth LAe enforce- means the laws of the United States for the by sectton 504 of this Act) the foltoteing neto ptementing of United States drug controt ob- Pretention and control of tiltett traffic in section:
xctives; or controlled substances las such term is de. *sEC se .slTNontTT To CONTROL CERT.4L4 TER.
"all) a member of the immedtate famtly of fined for purposes of the Controlled Sub. Mont%RELtTED SER vices any such indsetdual on account of that in. stances Act);and "fa) Atmtontri.-17te Secretary of State
- dictdual's offtetal duttes in connection tetth "t21 the term ' member of the immediate may, by regulation, impose controls on the ths enlorcesnent of United States drug laws family' "tA) a includes-spouse, parent. brother, sister, or proutston of the services desenbed in subsec-or the t ~tolementation of Untled States drug tion Ib) if the Secretary determines that pro-child of the indartdual control uojectives; or "Itti) an attempt or consparacy to do any stands tn loco parentts; and
"!BI a person to whom the indit;tdual viston of such servtces toculd aid and abet international terronsm.
of the acts desenbed in clause It) or tati; or "!C) anV other person taring in the indt- "Ibi SERvicts ScasscT to CoeTnoL-The
IBl the prevention or frustretton of an rtdual's inousehold and related to the andt- services subject to control under subsection act described tn subparagraph (AI. tal are the follotctng:
"t2) The purpose of the rewards under this a sdual by blood or marstage.', "II) Servtne in or 1cith the securtty forces F *
)
subsection ts tu asstst narcottes law enforce. Mr. ist Omkat%4V10% ents t.tM E. OF TARRuNIMt NELeTED of a destenated foreten government.
ment in the effective arrest and prosecutton Section $02 of the internalnonal Secunty "t2) Provtdtng training or other technical of major rearcottes trafftekers anL scherever and Deretupment Cooperatton Act of 198$ serrsces having a direct mtittery, tato en.
approvnate. to offer retcards in connection '!! U.S.C. 2249aa-79 ts amended" forcement. or intelligence application, to or (ctth the kttling of, or the attempt to ktit.
any ifntted States ofllcer or employee, in *,D,9 II en the section headtng by TI.TERRORISW and inserting In lieu g,g,t sinkertg out governmenL for the securtly forces of a destgnated for-connectnen tetth the performance of narcot. ther*of "fERRt>RISW-RELt TED", Any regulations issued to impose controls tes control dultes by such officer or employ.
121 nn subsectton ta) by strtktng out " ants. on sert sces descrtbed in paragraph 421 snell ee. or any member of thefamily of such offg. terrortstn assistance to forete:S countnes itst the spectite types of training and other cer or employee. To ensure that the retcards provsded by the United States Governmenta struces subject to the contrott prcgram authortsed by this subsection, espr. and inserting in ineu thereof "asststance re, etally paragraph 111tAIIs), dors not dupli. IC) PKasons StaltcT or Cowrnou.-These ~wo ca!d or interfere tetth the payment of in. IGI'd t0 'ntfrRGit0'tzt terrortstrt scittch is sert'tces may be controlled under subscetton Prottded by the Unitest Slatcs Governmeng ea) schen they are provtded wtthin me formants or the purchase of tvideMe or an. lo for*ign countrtes", U ttled States by any indtradual or erstity fo"'tation, as authcr12ed to the Depart rtent 12: in subsectton !bl bt, etnkand out " anti. G'td ethen they are provtded anynchere in the of Justice, the oljertng, admintstratton, et*nrt terrsresm assista:nce" and in.serttrig in ite:S teorld by a Untled blates person.
t;nyntent of r*scards under this nowetwn, Ar'?GI assistarnce related to anternattortal "tdl LfCENSES.-In carrytng out subsection a neludt ng prescedst res for- terrwsvrn tchtch seas"; and "tA l adenttfytng t rtdtttduals. crgan tsa. tal, the Secretam of State may require it.
141 by addtr2 ut the ert<t therruf the fultonc. censes. tchich may be revoked, suspended, or tions. and Offenses ectth rc*pr*t to schtch re. tu new sisbsestiin; amended, tcsthout prtor nottce, tchenever tentds artti be offered, "Ic/ Rvu or Coutsterrox-Nothing con.
"tBI the pubitcattors of retcar:ts.
tatned trt this sectron shall be construed to such action ts deemed to be adt tsab e.
"tel DtrintTroxt~
"ICI oflerent of Josnt reuarns scwn fortegn limit or tmpast the aulhursty or respanstbtl.
qorern ments. ilk DtslossTto ranstoM ooVER.4 MENT.-As
"!D9 the reccipt and analysts of data, sty of any other federal egency setth respect used en this section, the term 'destg*tated to lato e*nforcement, domestte secunty oper-
"!El the payment and the apprue tl of pay. attons. or intelligence actterttes as riefined foreign government' means a foretgn govern.
men t. and me=tt that the Secretary of State has deter.
"rff the retomrne*sdations cf cencarets by an Executere Order 12323." mnned. for purposes of sectnon 6titest of the c'nsets of "tescon to the Secretam of state >Ac. m tm tunttakuntxerrantttitus staa Export .tdintntstratton Act of 1979, has re.
<t'nd the Attorns'I Certera!. De State Department Basta Authonttes pruledly proctded support for acts of inter-
>ha.'t be guverswd by procedusa sproved by Act of 1936 t2 amended t'ne Sarciano of htate avt the.itectney Gen, til by redestynaleng rectime 3) as scetton na "t:I tional terrortsm, Szer atty totett-As used en this sec.
4n; and tral. *. !!I by inserting after se cteun 24 it t!.S.C Hon, the term 'secur1ty forces' means any ibt fewomo vort Rsmus.-;ksttort jnigs 27109 thefollatet'rg riew section; malttery or patamthtary forces, any pohet of such Act, as to redestgnated 61, erheciton or other late ensforcement agency Innetuding
' nill), is Amended by sinking out the t:ertad W 29 tut \nttTI.'nRroltt%'t VNot At finA tt 3a any pohce or other lato enforcement agency
- at the end of the first sentence and inserting "r to AcTuonrtry.-The Secr#tary of State at the regtonal or tacat leret), and arty trntet.
irs hens thttcol the fotiatttng: . up to rnas retmbnose domestge and foretqn per, heente agency of a foreten goternment.
s 000.000 of Ichich may be used for retcarts sons. sgenetes, or gover*tments for the pro. "t31 U+rTra STAttL-As tsted in thts sec-tur totf ormattors desertbed t ot sesb:retton Intlun of Judges or other twesans una pro. tiana, the term 'tlntled States' snetudes an y thril. In addittors to the amuunt assthortze<t vtde assnstance or inlormatton relatteg to State, the Dnstrtet of Ccturnbte, the Com.
My the precedtnq sentence, ths te are author. Imortst anc:dertis ptsmertly and.tde the ter. morcealth of ft erto Rico, the Commort.
t:ed to be appropr1sted $10.000,000 fur fsscal vttonal itsrtsdicitun of the Untled States. iceattin of the Northern M2 narna Islands.
Veer l947 for 'Adtntnistratton of foreogre A1 Br'o'e snaktnri a puy'"ent :sruter this snitors latts' for asse in pawsne rewurds un<ter L%s an a matter over uhwh ther* ts federal Grnd any terntorV or possessnon of the sectton, up to 85.000,000 of schid r'ta y be smminut psr1stsciton. the Secretary shall Untled States, STttis PsasoN.-As used in this "I4l U%ITED nwt for rou~arris 109 lnl%rme,ttore discitbed adt tse artd consult *,csth the dl tor *ter Gener. sccitors, the term 'Ucstled States person'
+n se bsection IbHi!.". el
- rho ALTHOrt/ tit 0M ur APPrornistwss.~ means anu Untled States nattonal any per.
ich CunonMrsts A ertstswEm.-Sectron 26 17 terr *sre authortred to be appropet,sted to manerst restetent ahen. and any soit proprt-of such Act as amended.
!!1 In subsecitost 141, as so redangrtated by the Saretary of St.tte for AJinentstranan of rtorshp. partnershno, compan y, assortatnon.
subsectton fastil, by strtktag out "this sec. FaretGtt oV!atts' I!.000.0gG for faca! year or corpuretwt orgunsted tsnder the lates of lion" arnd inserting in lieu thereof 'subsec. 1996 astd 51.000.000 for fiscal year last for or havsng sta prnnetpat place of bustness tton let"; and use in regnsburstng persoons, aveutes, or guso scathtn the Untled States.
r21 in stsbsection Ifi, as to redesignated by ernments under thss sectson. "!/I t* tot struks.-
"rc9 Dssronarton or fewo,-At<tounts made "t!! PasstTtst-Whoever tesilfully tsotaIn subsection raitit, by inserteng or abo after "subseetton tal". atettable unttre this sectton may be referred e rsy regulabon issued under thts sectton Idl Rtronts 04 RE'esitos: Otra vrTro vs. ~ to as the 'Co u rsterterrorts m Protection shall ttmos bethefined rtot lates more than t!00.000 compensatton receterdorfter fur Section 14 of sesch Act ns further amended by fund'.*
1
~
w---'n - - - - - - - . . . _ _ . , _ __ _ _ -- - ~m .__,,m__ _
August 12,1986 CONGRESSIONAL RECORD-HOUSE H 5951 the conatuct tehtch constitutes the violation, nethat atrport security equipment and com. Ibl Rtronts to nrt CONontss.-The Prest-whmcheeer is greater, or imprtsoned for not montties asut trotning in the une of sucts dent shall report to the C%*tgress annually, more than ten years, or both, for each such erutament and comanoditteL The authonty in the reports' required by section 60! of the of)fense.
contained in this secitant shaU be esercnsed Muclear Non.Prottferetton Act of 1978 (22
- ttl Exrssnannone.-The Attorney Gener- by the Department of State's off1ce verponst. U.S.C 22319. on the progress made dunne at and the Secretary of tone Treasury shall ble for adnesnistenne chapter 8 of part !! of the precedtng year in achtertng the oblec.
have amAersty to tntettente violettons of the Forrtyn asesstanu Act of LHl. in co- tites desen%ed in Uns section.
regulatione tsrued under this sectton. ordsnatton n'sth the Agency)bt internation- str. cas. At TunRrTy To st3rE%o .%ETLE4R Cebob "tgi ConoasssionAL OvsAssoxT.- at DevelopumenL EnsTwow nsTx v4 raws narca neet
- til Rsvisw or asoes.snons.-Not less SEC ses Extorts ro rrwmt1Es stremt1Tvc alis herT annFtEn THE fi3MthTso.v n%
than 20 days before issutaq any reputations OfIME%AM'AL TER*O*tl5M- M MM A L !*0TECn*N *'"'l**
under this sectson (including any amend. fal ITEns on swr Mcwrstons !.tsT.-Chapter ^ * *M*'Al' naents theretal, the Secretary of State shall 2 of the Arms Export Control Act (22 U.S.C Chapter 12 c/ the Atomtc Energy Act of transatt the propoord regulations to the 2771-27791 ta amendent by adding at the end 1954 ts amended by adding at the end there.
Congrest thereof thefouosceng new section: of thefonow1ne new sectton:
"t29 Raronn.-Not less than once every ~5sc se ERPORTS Fin Cor%Tksts st'renRTr%G 4 tty "SEC 122. AUTNoArty To StErens Ntict.t.sn sts months, the Secretary of State shay forI.stweM%4L TEMW1m Coortasnox wint Nanons Wnscu Hars NOT report to the Congress concerntng the "fal PaortrarTron.-Except as protnded in Rattrito Txt Convexnon on rus Pursicas number and character of licenses granted subsection ibl, items on the United States Sect'arTv or NUct. san Msvratst.~
and dented dunne the previous reporting Munstnans List may not be exported to any "The Pressdent may suspend nuclear coop-penod, and such other informatson as the country whtch the Secretary of State has de. eration under this Act tetth arny nation or Secretary utay find to be rrtetnxnt to the ac, terretned, for purposes of section 6tll!! Ital group of nations achsch has not rat @ed the contplishment of the oblectsves of this sec. of the Export Adminutretton Act of1979 ISO Contentton on the Phys 1 cal Securtly of Nu.
Ison. U.S.C App, 240$f)ltlltAll. has repeatedly clear 31stertal. ",
"thI Rzt.sTm.ssurr to Orwra Leurs.-The provtded support for acts of internattonal sec set CowLT4 Tras nVf7H THK der 4RT4tWr)!
authortty granted by this sectson is in 2ddt. termrtsm. LaASWE CtD%CEAu%G CERT 41.4 AC.
tion to the author 4tses granted by any oner Ibl Wattta.-The Pressdent may traire CLEAR Et PORTS 4 %o 54 BSE@ DT AR-pm,,uson of gay," ne prohnbstion contatned in subsection tal E4%KME M in the case of a partsc'slar export tf the y SKc. sst. MAN 4GEerE%T of 4 %TITERRORINM .45Sf57, C?. apter !! af the Atomic Enerry Act of A WK I*ntu.Ra n P estdent deterntnes that the export u tm- 1954. as amended by sectson 602 of thts Act.
Section 572tdttelof the foresen Assutance portant to the nettonal enterests of the is further amended by addtne at the e'nd Act of 1962 (22 U.S.C 2349aa-2td/t499 ts Unned Mrs and submnts to ne Congress a nereof thefoUosctng new sectnon:
amended to read as follows: report Justtfytng that detennsnatton and de- "Sta 132. Co.vscLTATroN WrrH THE OtrART*
"t49tAl Artteles on the United States Munk scnbtng the omMsed expML Any such sis.v7 or DerLYSE COMctRNINo CERTMN Ex-tions List may be utade atnsttable under this watver shtsu expW at the end of 90 days ronn sno SrssNctNT stRAANamxn-chapter only tf- der st ts granted unless the Congress enacts "a. Era a.tdition to other appitcable requ1re-
"tsi they are smau arms tra category I tre. s tato estestdtng the t*atver. ,,. ments-tating tofirearmst ammunnttors tus category tbl Own goods AND Tic!!NOLooY.-Sec. "til a treen.se may be issued by the Nuclear fit tretaling to ammunsttortl for small arms tt n 6tlit! / ne Expwt Admintstratwn Act Regulatory Commuston under thu Act for in category 1. artictes in cat? gory IViel or ed by stMang 1s t 17.0 Mb0 I13GMd* the export of special nuclear vtatenal ds.
(7tel tretaling to detection and handlirng of *$ 8'8 "
58 U* 'C .A##' Q00.']a*td trunttng scrtbed nn subsectton b.;and explastre dertcess, articles in category X tre. # "t21 approvat may be grarted by the Secre-tating to protecttre personnet equtpment). l Tiff.E tI-lhKRv4 TIMM41. Nt.CLE tR tcry of Energy under sectson 131 of thu Act or articles trt paragraph thl. Ici, or tdl of M U) I fu ne t=.tnsfer of special nuetrar maternal category Xill Irelatsng to sp*ech prit acy de. SEC. der 4CTro\s To Ie un s T IMRM Tita n. \t. desersbed tn substelson b.:
rters, urndertrater breathing apparatus and WM N AH" ortly dter Me Secretary G! Ot'mse has ber's armor plattttgl. anti they are dtrrClltt related talA m ssToat Tsxts a v Tr.t Pats!' consutted on tchether the phystc11 protec-to antiterrortsm trcstiltrtg under this chap. DENT.-The Cu'tjress hersbv directs the Prcst- tters of that malertal dumtg the esport or te,- dent ~ tresnsfer eclil %e adequate to seter theJL sabo-
"itil the rectprent country u not prohtbit- 'I' 50 N "*1'" 'sitNrence to t'te Can.
gage, a,,4 ot'ner acts of intemattonal terwr.
e4 by law from reretrang assistance urnder tentson on the Physscall'rovetson of Nucie- u,n goga.9 u.culd result un the dtrerston of one or pr. ore of the follotetng prortstons: *' bI*E'n*U t' tat matenttL 11 in the tie'c ct the Secretary chapter 2 of thts part tretaltne to grartt msti. *'*~
tary asststa'tce*. chapter 5 of this part tre. Isti conduct a utieu*. utsng ne paHan t. of Do?rnso bs. sed on all avantable Intellig*nce g .g((,,c,g,u,, gy, ,,po,g ny g,4 7,,yer mgggg ye lattng to inter'tattortal muttlary education Won of G Mnt depaH ments and sub?rci to a genuine terrortst threat, the Sec.
and tralstings, or the Arms Export Control *[,*,",' " retttry shalt prot'ide to ne Nuclear Requia.
Act trelattng to fore 1g't mttttary sales ft. {. p,ng' f
- ny 3,(;,,,, ,sy,g,,,eg
,(g',g*nn pbygg,3,4 g y"y VAWWMMNSKNMdMM nonct ngl: a nd as approp*1 ate. hts acrttten asseesment of the
"!ttti at trast l$ days before the urtletes fg',q g **f,A']l,"f g, g , )G'],'W',',"y 'g'G vtsk a:Ld a desertpttun of the actions ne Sec-are made atutsishte to the forrtgst country. retary of Defer'se constders necessary to up-the l'rrstdent nott/tes Mr Commtttre on For- # "l " "' 'l*' *#'" * ** grade physical protectsors measures.
eten Affatrs of tate flouse of Representatsres , ,*lfa ##
, g g'g 7,',g}," y ggf,U
- g ,,cg,,, go "k Subsecttors a. appttes to the export or and Commstree ort foreten Relattons of the gg, pg,pegg7.gg,q,eg o j,tternattonal M"" Y **
- E **W
- Senate ance actn ofthe theprocedures propMed transler en to appttcable accord.
re' ,gamt, g,,,q, ,y,,cy. f g3y ntum o non than M ktlamnu of umnsum pmeramming rnotificattoru purstsant to sec' 131 to take. in conc 0rt retth United States ennched to more man 20 pecent tn me uo-tion 634A of thna AcL atttes and other courntries, sxsch steps as may
- M * * "* ** M*
src ses. agsttw of FNnot el %Ft't RITY ste %Ik "tBI The value firs terms of ortennat acqui. p,q ,qcegga7y_
y stttors costs of all equtpmestt etnd commod' gap go gegy go a mg,stmum the amourit of "M treepons-grade rtuctest m stertal tn sntama. tal Rtyrtws.-The Secretary of Energy, the itses provnded under subsection tal trn anV tto* tat trartsst. and Secretary of Defe*ue. the secretary of State.
ftscal year may not exceed 23 percent of me 181 to ensure that tchen arx;g txach matertal nr Director of the Arms Control and Duar-itsnds mode available to carry out this chap.
terfor that fucat oestr. gg gransported grggernaggonaggy, gg tg sander mamestt Agency. and the Nuclear Regula-
"tCI No shock batons or stmtlar dersets gne magg ggggg,ge mea,gg for g3, quag,,ty pro. tory Commtsston shall eac% rettete the ade.
may be prottded URder Mts chapter." trettete atImm acts or atte"spted acts of sak. quacy of the physncat securtty standards ngqqq ny ggy,7g gy ggympggg gynyp, n, ,,qqggng,. gurypnggy apptgggbgg tgggh regpget to ghq shgp.
S W. Jet Ao%IKT!!4L elHWRt 'Wt RifY Klet tP. ang ment anti stornye toutJtde the Untted Statrst VE s t 4 %D i entatutstrits ran tte t rt. 149 to serk carrement ris the t**ntled Na. of plutontu"t. and u ta n t u rn e trsched to in ad.!!!non to funds ot%encue at'atlable (tons Securtly Conrnett to estahits%- more thavn ;0 percent \*n ne isotope 233 or for such perpcses under chapter 8 of part !! IAI en effectare rejnme of t'tternattosant the tsotope 233. tchnch 82 subtret to Unsted of the foreten Assular ce Act of1968. assut. sanctions agasest any nation or subna. States prior cornsent nq%ts. tcsth sputat at.
ance authorutd to carry out the purposes of tionaJ group tchich conducts or sponsors tesntion to protection agatnst ruks of setatste chapter 4 of part 11 of such Act for the ftscal acts of sntersnettostat rauctrar terrortsm, and or other termrut acts.
Vrars 1986 and 1987 las teelt as undubursed IDI measures for coordtstattne responses 161 Rernars.-Not taler than 6 months balances of prestounty obligated furnas under to all acts of intemnational nuctrar termr. efter the date est enactment of thts Att. the such chaptert schtch are attocated for Egypt tanL sneluttnne meesteres for the rnontry of Secretary of Ersergy, the Secretary of Do.
may be furnuhed. notac1thstartdtng sectson 680 of such Act for the protetston of nors. staten n uclear ntselear rettasesmatertal and the cleart up of fe'tse, the $rcretary of State. We Director of the Arms control and Dssarmameset Age =\cy.
- - , . - - - , + - - r n,- ,, , - , - - . , - . . - - ~ - - - . . - , - . - . , ~ . , ., ., _ . - . - - - - - - , --. -- , . - - - - - - - - -
e H 5952 CONGRESSIONAL RECORD - HOUSE August 12,1986 Cnd the Nuclear Regulatory Commission "d. !!) ne Commission may establish and SEC T*E PRUTECTio.1 of A wERICA.vs ENDA. VEERED shall each submit a wrttlen report to the collect fees to process fingerprtnts and BY THE A!!E^nA'CE o! TMEIR !t. ACE Committee on Foreten Affairs of the House enmnnat history records under this section Ur alRTH U.4 THEIR P.<ssroRTn of Representatives and the Committee on "Ito Notwitinstanding section 3301tbl of fa) flNDINos.~ne Congress finds that F:rrign Relattons of the Senate settingforth tsus St. United States Code, and to the sonne cttisens of the United States may be the results of the restew corutucted pursuant extent approved in approprtation Acts- spectaUy endangered during a hvocking or is this section. together wxth appmpriate "tA) a portton of the amounts couected other terrorist incident by thefect that their a;.9,2, recommendations. under this substetton in anyflacal year may place of btrth appears on their United Statee
~
SEC seL l.vTEAvA T90. VAL REDIKw UF THE U Cf.E tR be retanned and used by the Commissson to passport.
TERRnRIsst PRORLE.W. CarTy out thx3 section;and (b) REPORT.-Not later than one year after ne Congress strongly urges the Pressdent "tB) the remaining portson of the amounts the date of enactment of this Act, the Comp.
tD seek a comprehensive retteto of the prob. collected under this subeectson in such /sscal troUer General of the Unsted States shs '!
lem c/ nuclear terrortsm by on international year may be transferred pertodtcally to the submit a report to the Congress on the tw conference. Attorney General and used by the Attorney pitcations of deleting the place of birth as a SEC. sea CRI.wlN44, HINToRV RECORD CHECKR Ge'teral to carry out this sectics required item ofinformation on passports.
talin Gentnst.~ne Atontic Energs Act of "t3) Any amount made avantable for use sEC 106, ist of DIPLOWA nC PRi>'lLECES AAp I.N.
1954 til U.S.C. 20!! et seq.) is amend *d by ""#" P***'**h 129 shall remain avatlable MtWITIE$ MDR TERRonis tit RPubES adding after sectton 148 the foUo* wing new u*stsl ezpended.,. De Congress strongly urges the Prestdent sechon. Ib1 Emcw Mrvne protdstons of to instruct the Permanent Representatit:e of "Sec.149. FinacRenixrtso run CalMIML Energy u seChon a. of sechun 149 of the AtomtC the United States to the Untted Nations to litsma r Rtconn Cirecx2s - Act of 1954, as added by this Act. seek the adophon of a resolution sn the "a. De Nuclear Regulatary Commission shall take effect upon the promtsigatton of Unnted Natsons condemning the use for ter.
tin thts section referred to as the 'Commts. regulatlons by the Nuclear Regulatory Com. ronst purposes of dtplomattc prtetteges and ston't shall require each iternser or appit- mission as set forth sn subsection C. of such immunsttes under the Vienna Contention ctnt for a heense to operate a utthzat:on fa. sechon. Such regulatnons shall be promui- on Diplomatte Relations, espectallv the ethly under sectson 103 or 104 b. to finger- ented not Wer lbsn 4 r"onWs %fter the date misuse of diplomatte pouches and diplomat-prtnt ruch indisiduct scho ts p#rmatted of the enactmrott of this Act. te mtssions,
U***"
unescortert access to the factlity or ts per- **'" ~ Dt CC bl* of %EC. ist. REPnRTs uv PRor.REss 141%CREasI%ti contents at the beatnntng of the Atomte 4t LTILs TER.4L CUUPER.4 Tlo v.
- mtttret a~r*ss to safeguards t *fo rmation under setsn't 147. Att fnneerpnnts obtatned E**YVV ACE Of E 954 ** * ***d'd OV (R3*!ttR9 Not later than Febrtsary 1.1987, the Prest.
by a licensee or opphcant as required trn the afte* the tie =n relattne ten sectton 84A the fot* dent shall submst a report to the Congress pr* ceding sentence shall be submstted to the lu'Ct"0 "t* tt'M- on the steps taken to carry out each of the A ttorney Genernt of the tl*s t:rd States "Sec.149. Tingerprnntino for crtminal histo. preceding sections of thts Intle lezcept for through the Commisston for ide*nttltcation ry recorti ch**ks.". sectson 703) and the progress betng made hn arnd a crtmsnet history recurris check. Tt.e TITLE Ill stCl.Ti! iTElltf. Cill)PEllt TitoV 70 achtettng the objectives descitbed in those costs of any identtitcatton a rnd reevds C'l'ID.8 T INTERN.4 Tite % lL TERRt)Ris st sections.
c* neck conducted pursuant to the precedsng 4.C. :st.1.% TLn % s nt>% sl se \ nTARRnRis w cn u wlT. TITLE >Ill Ill'TIMS OF TERRf)RIMI sentence shall be pand by the Itcenste or ap- TEE. C!UffE.W4 Til)V pitcanL Notxcithstarnding a*ty ot*ter prort- tal fssosNas.-The Congress innds that- sEC sos. saont nTI.E.
snun of tato, the Attorney Gener*nt may pro- (1) nrtternattossai terrortsng ts and remains '!3ts title unay be etted as the " Victims of ende all the results of the searc*t to the Com. a sr-tous threat to the peace and seenrtty of Terronsm Compensation Act".
mission and, in accordance u tt*> regtda- Jere, democintte nattorns; tions prescrtbert under this sectnnn. the com 5EC. sos. P.itwot TU 1%DistDELlLs NEID is CtP.
!!I the chalicnce of terrurtsra can vis t' hse sTens EETwEE.1 hoesucnn L rntssson mrty provide such results to tone it. met *:!ctittely by concertert ac son on Me Isis. enelsht 4Rr tt. Isso, ce*nsee or oppheant subrnsttent s'tch ! tract- pnr! of n!! ermo*nstbte nettons; The amount of the payment for inditsd-prt nis.
931 the major developed democrueles ett' nats in the etent serrsce referred to in section
'tk The Commission. by ruit. ma y rehere denced thett commitmnt to cooperettorn trn $$69fd) of title 5. t'ntled States Code las persons from the obhgatto'ss imposed by thts the ftght etgaanst terrorts"t by the 1911 Sonrn added by sectton 403 of this ttttel. or for Ers-section. upon spectined terms cortdntions. Economte summit Decleattorn on Terror
- dttsduals in the untformed sertsces referred arnd pernods, if the Commtssturs /tnais that ssm:and to tra sectiort $$9tc) of title 27, tintled States such action is consistent tetth its othga- !4b that commitmnt ter:s vertenced and coy, gas aggg4 sy greggo, ggg of gg,s gggggy, tions to promote the cominon defense and strengtherred at the 1939 Toktro Econamne as me case may be, shall be 250 for each day securtly and to protect the heutth amt sals ty Su"tmat arsd espress*'d in a Jot nt statement any such indstidual ecas held in capitre e for u oses ol admintstering this sec. ob fv n Arronst. h7rTynnostut ConstT- 7, g,," '"f,'a*nd 19 ndtn Y llors. the Commssssors shalt prescrtbe. s:st>;ect tre -The Congress hereby de rects the Prest' before January !!.1981.
to pubitc nottce and contment. regulattons- dent to continue to seek the estabushment of m. 4 wgy m, g.gg, py n7ygg m,,
"'ll to trnoiemen t procedures jor de an Unt:~taticotal comtntitre. to be knoten as TIws til'HV%nLE KTito.v.
tak e rt) of fingerp't nts; the intre lattonal Anttlertortsm Committee. tal in Gentnas -Subchapter Vil of chap. .
"t!) to estabhsh the condshn*ts for esse of As vs ftist sta o t*n establisht'n) such com" nit. I'
- E nlarma tton rrecnrset from the Atto m ey ter. ths Prestdernt should propose to the General. tn order- North Atlanti: Treaty Orgarnatuttors the es.
, gg*Iy'"fgg y ,,U*#d
,g gg, g 5, ,",', gy
"!Ab to hmtt the redtssemsnahan of such tathshment of a starnding pohncal commnt- l*# " **.
snformation; tre to tramtene all aspects of Utternational ~15Jsl Benefits fer rettisore
"!B) to ensure that such trnformattors is terrortsm. ret:teto opportunities for coopera- "fal For the purpose of thes sectron-used solelv for the purpose of determtntng Host. and make recommesnelations to member "tti ' captive' means any a ndit1 dual in a achether an indan sdual shall be permitted nattent. After the estabitshment of this com. captive status commettesng schlie such indt.
s urtescorted acects to the facthly ofis etc* nut mit tet, the President should invite such tidual is-
! or applicant or shall be permstled access to other countnes who may citoose to parttet. "fAl sn the ettti sert'tce. or safeguartts enformation under section iI?. patte. The purpose of the internattonal Anti- "!B) a ettlten, national or restdent ahest "lC) to ensure that no /tssal determinatto's lettorts:f* Commnttee should be to focus the of the t!ntled States restdersses personal sersr.
i vtav be melde notelv on the basts of tus.%rma. uttention and secure the cocpertntton of Me Ice to Me tintted States strtnlar to the serv
- tsort prot'nded tender this sections ant otreng- goternme*sts and the pubhc of the partics. tce of an tra httdual t*\ ne ettti service "It! en arvest more than ! War old for pattrag countrtes arnd of other courntrtes out tother than as a member of the untformed rt %lch there is no trnformaharm of the itsi'ost. the problems artd responses to tratstviattonal sert teest; hon or the case: or terrortsm etncluding rsuclear terrorssms. by "12) ' captive statiss* mearts a misstng
"!tto an arrest that resulted in drsmissal of serverng as a fortsm at both the pointscal etnd status echtch. as determined by the Perst.
the charrie or are acontttal; and latt en!artement tetels. dest. artses because of a hsstile actiors ased "tDI to prntect endtrnduals srebrect to Jin- so r. :0s. t % ttn % e fin % e L lNn a V.s Wt % f4 M L e f. Is a result of the lRdittdual's relatto'ts%5f gerpr1rsbrse under thss secteurs f *one nntsnue 1%ci TU I'tMrM s 4 %U bis t s neith tht Got ernment; of the citmtnat history records; and T%e Congress strongly uviss the Prestdent "!!I 'mtssing status'~
"!!) to prortde each Indsetdtsal subfret to to scrk the negonetton of interrsatnonal "!Al In the case of an emplover, has the
/Ingerprt' sting under this acciton rath the a greemen tJ tor other arpropriate arrartge. t'irantity provided under sechori $3(JtJ/ of rttht to complete, correct, and e2 plain infor. mentab to provide for the shar1ng of Utfor. this title; and matson contatned in the crtml*1al htstcry matnon relahng to passports arnd essas sn "!BI In the case of an indtesdual other records pr1or to any ftenal adverse dete"nt. order to enhersce cooperation among coun. than a's emplourt, has a stmtier meantrtg; un a t to rt, trtrs In cornbatting inter'tational terrortsnu a n<f
Atigust 1% 1986 CONGRESSIONAL RECORD- HOUSE H 5953 "tti ' family member *, as saed sctth respect "tii) related to the captive status of such to a person. means- "t2)fAl in order to respond to special cirm tnditrtdual cumstances, the head of an agency may pay "tAl any dependent of such person; and "til A payment under this subsect'on shall (by advancement or reimbursement) a cap.
ent "tB) underany indivsdual totherIAlb subparagraph thanscho a depend.
ts a ed beby in law.
addition to any other amount proved- ttre for expenses incurred for subsistence, member of such person's family or house- tuttion, feeA supplies, books, and equta-hold- "f5) The provisions of subchapter Vill of ment, and other educational expenses, whtte "tbHil The Secretary of the Treasury shan this chapter for, trs the case of any person attending an educational or training insti.
estabitsh a savtngs fund to which the head not covered by such subchapter, s1mtlar pro- tution, vtstons prescribed by the Presidenu shan "tBI Payments shan be available under of an agency may auot an or any portton of apply with respect to any amount due an sn. this paragraph for a captive for education the pay and anowances of any captive to the extent that such pay and auowances are not dictdual under paragraph !!) after such in- or training which occurs-dictdual's death.
sub>ect to an anotment under section 5563 "It) after the termtnation of that individ-of this title or any other protitston oflato "f69 Any payment made under paragraph ual's capttre status, and "12) Amounts so auotted to the savings til which ts later dented under paragraph " fit) on or before-fund shaU bear interest at a rate which, for 13ffBJ is a clatm of the United States Gov. "til the end of any semester or quarter las any calendar quarter, shall be equal to the trnment 31.
for purposes of section 3112 of title approprtatel which begins before the date average rate pand on United States TreasurV schtch is 10 years after the day on which the btlis sotth 3 month matursties issued durtng "telt!) Under regulattons prescribed by the captive status of that indictdual terminates, the preceding calendar quarter. Such inter- President, the benefits provided by the Sol- or est shan be compounded quarterly. diers' and Santors' Civil Relief Act of 1940. "Illl V the educational or training institu.
(3) Amounts in the savings fund c'edsted including the benefits provsded by section tion is not operated on a semester or quarter to a capitre shan be constdered as pay and 701 of such Act but excluding the benefits system, the eariner of the end of any course l provtded by secttons 204. 105, 206, 400 which began before such date or the end of t t !! a s$au t e e su 1 o through 408, 501 through 512. and 514 of the 16-week penod foUoteing that date, and totthdratcal under procedures schsch the Sec. such Act, shan be omvided in U.e case of arty retary of the Treasury shau estabitsh. **dividual who ta a capttve* shall be available only to the extent that "t4) Any interest accrutng under this sub- ,12) in ophtng such Act ander this sub such payments are not othertetse authortzed y, gg,y, section on- section-
"tAl any amount for tchich an indiv1 dual . 'tAl the term ' person in the military serv' f3) Asststance under this subsection-is indebted to the f.?nited States under sec. ' is deemed to include any such captive IAI shan be discontinuedfor any individ-tton 5562fcl of thts title shall be deemed to 'C',fB) the term
- period of mtlitary serrsce{ ts ual tchose conduct or progress is unsabsfac-be part of the amount due under such sec. deemed to include the pertod durtng schtch toril under standards consistent tetth those tion 5562fe); and the indictdual ta in a captive status; and ,,gaygg,ngg p,,,,,,g ga ,,,ggn, g7gg ny ggy,
" FBI any amount referred to in section "fCl references to the Secretary of the 38;and
$566tfl of this title shall be deemed to be Army, the Secretary of the Navy. the Adju- "tBI may not be provided for any indivsd-part of such amount for purposes of such tant General of the Army, the Chief of Naval ualfor a pernod in excess of 45 months for cection 5566/11. Personnet, and the Commandant, ilntted the equivalent thereof in other than full.
"tSt An auotment under this subsection States Martne Corps, are deemed, in the case time,egg education or trannsng).
y,y,gaggag, may be made tetthout regard to section of any capitre, to be references to an indt- gg,, ,,y,,,ggo y,,,,,,y,4 ga ,,,,
, ,gagg ,,,,,g,ggag ggy,,, ,y n ,g 5563tet of this title. vidual designated for that purpose by the "Ic) The head of an agency shall pay tby PrestdenL #r, -
gram under this subsection shaU be cons 1st-advancement or reimbursement) any indt- ffff!)tAl Under regulations presenbed by ,,g ,,,gg gg, ,,,,, gang, pyng7,n ,,g,, ,ggy, 3
vedual memberscho is aindsetdual.
of such capttre, and any famtly for medical the Pressdent, and pay (by advancement the head of an agency ashall nters,y,5,and or resmbursement) 36 of,,,,
,y g,,,ygg tttle 38',,g,,
gg,g,,g,, .
health care, and other expenses related to spouse or chtid of a capttre for expenses in. g,n, gg, ,, gg, ma y, ,,g,, ,,q,gagga,, y,,,.
such care, to the extent that such care- curred for subststence. tutttort, fees, suppines, ,,ng,g gy gg , p,,,,g,,g g, ,,nygg,g g,a "til is inc1 dent to such individual betng a books, and equtoment and other education' ,,,,g y ,,,g,, ,, ,, ,,g g,,g ,,g gy_
ca pitte; and al expenses, tohtle attending an educational "f!) such family member ts held in capitre "f!) is not covered- or tratntng institutiott. # E" "#I *
"tAl by any Got ernment medtcal or health 92) such indxMdual is pnfonning surtce pro 97am;or "!BI Except as prortded en subparagraph
"!Bo by tnsurance- (C), payments shall be arallable under this for the Unded Swes as desenbed in subsec.
"idillt Escept as prov1ded in paragraph paragraph for e spouse ar chtid of an tndt. hon laH!HAI tchen Me capUre smus of t)), the Prestttent shall make a cash paV' vsdual teho is a capttre for educatton or **'O tratning tchich occurs- ,th) l**'U Except""O" #**"'#'bsection as prortded tn su id),
ment, computed urtder paragraph 421, to anY ##'"
tndsr1 dual tcho became or becomes a captste "It) after that indittdual has been in cap- '" *WD#
- commenctne on or after November 4.1979. live ~g,,9 statuson f,oro 90 days or more, and y,fo,,_ January !!,'198 8." # **5 * * * " N " #$*S "# #* """ * * "
Such payment shall be made before the e'nd of the one yrttr pertad begtnntng on the date .'lle Me end of any semester or quarter las "ill Nottttthstanding any other proviston art schach the capttre statt.s of such indtrtd' approprtatel schich begins before the date on of Mts subchapte, any detennsnation by Me ual termtnates or, t*t the case of any tndt.g,,m tchsch theo,capitre status of that t'tdtttdual Prestdent undu subsection talt2) or id)
, ,, g,,,
redual schose status as a capitre terminated s'nalt be cortclusste and shall not be subject be! ave the date of the enactment of the Vic' "Illi tf the educational or trasning institu- to judtetd uneta tems of Terrortsm Compensation Act. before tion is not operated on a semester or quarter W O' D#'##*E **V U"##RO* "**
the end of the one-year penod begtnntrty on system, the earlier of the end of any course hans necessw to adnttntster Mts techon.
A*E * ,cy,,n y,y,, y,fe,, ,,,g ga g, ,, gg, ,,g of "Ik) Arty bene /\t or payment pursuant to
""'f *1 Ex' cept as prortded trt section 80% of the 16 week penod foll)wtng that date. # 0*U N W W *ll* * *'*
the Victims of Ter*0nsnt Compensatton Act, in order to Wspond to special eticum' ablefor salartes and expenses of the relevant the amount of the paymerst under thts sub, stances, the approp' tale age *sey head may agency of the Untled States.
sectiors tcsth respect to art indtenduct held as spectly a date for purposes of cessaltort of ,,g g., g, ,
a capttle shall be rtot less trtart one. half of asststance under clause rett schsch ts later "tal for the purpose of this serttort-the amount of the storld sctde average per thast the date tchtch (could othertetse apply "fil 'emplo Vre' mea ns~
daem rate urtdn sectton $102 of thts tet!r under such clause. "fAl anV andsetdual tst the ettti Imtce:
edsch scas in effect for eac!t day that indt. "tC) In the event a capitt e dtes and the and I edual scas so held _ death ts lrtetdent to t* tat indts adual betnq a "!DI arty andtridtral rendenstg persortal
"!39 The Pressdent capttre. payments shall be avatlable under certsce tJ the Untled States samtlar to the 3Al may deler a payment urader thts sub. this paragrapit for a spouse or chttd of such sert'1ce of an indit tdual to the ett tl serrtte sretton tst the case of any tndienduct sc!to, indnesdual for educattort or tratning schsch tother than as a member of the untfor"ted d u r1ng t'te orte-year pertod desenbed in occurs after the date of suc'l t ridt ttd ual's smtcesl. and paragraph flI.12 charged tetth an ol'enso de. cteat'L sertbed trt st boaragraph IBI. u=ttti fosal das. "!?) fantiy member', as used wtth respect posttson of such charge: artd "tD) The preceds*t1 pror tslosts of this to a's ems;tover. mearts-paragraph shall not apply tetth respect to "!Al any dependent of st,ch r*=tplayer: and "tBI may deny such payme'tt trt the case any spouse or chtid teho ts ettgtble for asstst. "!Be any indit'tdual tot'tn th$n a depend-of a'tv trtdtrtdual teho is cont tcted of art of. ante uredn chapter )$ of title 38 or sentsler e't t under subpa ra graph IAli tc'to ts a
/e*tse described in subsectio't sb> or rcl of aJstJtance under any ol'ter prortsto's oflato. r'tr'nber of the eatployn s famsty or house-section 8212 of thts title commttled- "!El for the purpose of this paragraph, h old.
"Ill durtste the pertod of capit ttiv of such ' child' mearts a depertdent under section "!Do Ths Prestdent shall presenbe regula-l'idit tduall and $568138tDi of this tttle. florts under tshtch an agency head may pay t
9
)
b H 5964 CONGRESSIONAL RECORD - HOUSE August 11,1988 compennetton for the disability or deeth of 10hich, as determined by the Pressdent. "tti Any payment made under'pesesseph en empiepee or a femaly member of an em. artsee because of a hostile action and is a (11 ef this su60sesion thed is later dested stosee (f. es deterseined by the President, the ruoult of ment 6ership in the entfornsed serp. under persM #3AIA/tttJ of this ses6esetten (tse6ei6ty or death toes caused by hostile leseL but does not include e penod of captio- is a claim of the Ustled Stades Gouernement action and was e resuit of the indicadmet's fly of a siem6er as e prisoner of wer (f Con- for purposes of seetles J111 of stile Jf.
rutettenship with the Genernament pswes proetdes to such seem6er, in en Act en- "Id> A determonetton by the Presudent "tc/ Any compensation otherwese papeNe seted after the dele of the eneciment of the sander subsection te>HA or Ic1 ef this section Uy+l t3 en individued under this section in con. Victime of Terrortant Cbmpensation Act. is finet and is not assbjset to fudtened mection teeth any dtea6eJity or deet /. sheit be neometary psyneens in respect of such period revieut".
reduced by any encounts papeNe to such in- of capitetty; and (21 The teWe of seedeons et the 6eyessnine-dit;tdiset under any other programfunded in "121 'fbraner captive' neeens a person whc6 of such chapter as eneended by adding at the whole or in part by the Untied Staten ter- as a member of the untfornied services, was end thereof thefouowing new iteen-c!uding any annount papeWe tsader section held in a capttee statua ,,$59. BeWts W members hem es cep-S$49td) of this title)in connections 1stth such "Ibblil 3e Secretary of the Treasury shalt II8' ,,*
dise6sitty or deeth, ascept that nothing in estsNash a setsmos fund to which the Secre-this su6eecison shell requit in the reductson tary concerned mes aUot eu or any portton (3)tAltil Except es prowided in cieuse tii),
of any ennount 6edow seres of the pay and allowances of any member of section $58 of intie J7, Umsted States Code, "Id) A deternstnetson by the President the untformed services acho is in 1 captive as added by peregraph lib, sheit espdy to under subsection 169 shall be conclustre and status to the estent that such pay and aUow, any person whoot capitee status 6egens efter shaQ not be subject tojudictei revsene, ances are not subject to en anotment under January 21,1981. l "te) Compensstion under this sectton may section $53 of tonts ttue or any other provi- tinJtil Su6eecteen Ice of such section shell include pernent Itchether by advancensent ston of fesa apply to any person tehese capites status or retasb urnerwnts for any medical or health "I2s Announts so allotted s%en bear inter. begtns on or after Noornster L 19th expenses relating to the death or dssebsitty est at a rete whnch, for any cslendar quar- till in the case of any person whose status invcited to the ettent that such expenses are ter, shan be equal to the average rate paid as a captive ternsinated befbre the date of not covered under subsection Icl of section on Untled States Treasury btus actth three- the enactment of Utss Act, the Pressdent shau
$569 of this title tother than because of month maturtines issued durtng the preced, make a payment under peregraph t!! of paragra ph 121 of such subsectton), ing calendar quarter, Such interest shall be such subsection before the end of the one-
"Ill This section oppises with respect to computed quarterly- year period begtnnsnp on such date. 94' any disability or death resulting from an "t)) Amounts in the sartngs fund credtted IBl Amounts may be GUotted to a satin 9s tnyury 1chtch occurs after January 21, 1981. to a member shaU be constdered as pay and fund estabinshed under such section from "tg! Any beneftt or payment pursuant to aUotcances for purposes of section $53!ch of pay arsd allowances for any pay pernod thss section shall be patd out offtends avani- this title and shell otherectse be subject to ,nggng after January 21, 1991, and before ablefor salanes and e2penses of the reletant unthdratcal under procedseres schtch the Sec' the estcbinshment of suchfund.
agency of the United States.*. retary of the Treasury shaU estabitsh. ICI laterest on amaunts so allotted teeth Ibi Conronsttms AnttNosttNT.~11te analysis "t49 Any interest accrutng under thts sub- respect to anu such pay pertod shaU be cel.
for chaplet $$ of title $ United States Code, secttorn en~
is amended by inserting sfter the item relat. "tAl any amount for tchsch a member as culated as tf the aUotment had occurred et the end of such pay pertod.
trn$ to section $568 the follatetng: endebted to the Urssted States under section ,g; y,3,,,,,7, ,,, y,,,,, y,,,,,,,L _g g y
"$$49. Benefits Jbr capitres. 533c) of this title shat! be deemed to be part gg,yg,,33 of g,gg, gg, y,,g,g gg,g,, gag,, g,
"$$ 70. Compensatton for disabnlity or of the amontt! deze egnder srsch sectic n: and ,,,,,g,4 g y agg,,, ,g gg, ,,4 gg,,,,, gg, M
death." (Bf any amount referred to in secttern
'** *** **'I'**E VC. eed attDHU% oh Lttit DV sLIEN EMPt.ov. $$$!!) of this title shall be deemed to be part m rouannet Ivstny Innw uns af stsch tsmount /cr puronses olstern certton. f"1 9 103IM*Mii! F and dreth componention: dr.
rtic at rtns ennuels "t$1 As oitotme'st under this subsectton pnhets d mm% held es enyttere Stetto n 6325 of title $, Untted States Code, mue be tr'ade tenthout regard to sectron "tal The l'ressdent shall prescitbe reg 1mle-ss amended Os adsing at the end Ctereof the $33tcl of thts title. Inorns under a:hich the Secretary concerned fedlotcing: "The precedtes pmt'tstons of that "Ic)t!) Ezecpt as prottded in paragmph mery pnte compensatton for the disablisty or satnon shall apply in the case of an atten 431 of tMs snMrction. the Pressdent shall death of a dependent af a member of the unt.
employer refewed to in section 610!!!)tetst) make a cash payment to any person scho is formeg ,eruces gf gpr pregedeng gegerwgg,nes of thts title netth respect to any leate grant, a fon*ter captste. Such pairment shall b* that 'he disubtlity ordeath-ed to such alarn employee under sectiorg 6310 made before tite end of the one. var pntod of this title or soettart 4!)f of the Torrtg's br95RRt'tg on the date on schtch the capttte "..Ill sus ca used by hostde acteost; e red qg, ,,,, , 7,,,gg ,y gg, ,,gaggn,,,ggy of gg, Scrrtco Act of1920." status of such person tn'rtsnates. g,y,,,,,ng g, yg, m ,,,g,,ny gg , ,,,g79,,,,4 ysc ses intutTrnsinottsto%% U EENP* ** D'ded in section 502 of mces.
4a9 Sartsen 7t'so.-t!! Amounts may be al. N Vtchms of knansm Gntrensatton M. n,g , , 4, ,,m y,n,, g,,, ,gg,,,,g,, y, ,,g g, tutled to the sactrags fund under subsectton t*te amount of such paymmet shall be deter- g, , y,,,, , ,,g,, gg ,, ,,g g,,, g , ,,, ,,,g ,,,
f!b nf snitort $$69 of it!!e 5, Lnttent States nttned by the Pres 1derst under the prot tstons ,,tth any disabtitty or dernth shall be reduced Cade las added by secitun $23:a) of thss Act1 *l *W** N M' *' # I' by Sny nmount paVable to such pertort he'rt pay and otiwicances for arty pay pertt'd .[,
g ,j ,f #,[*, ,,,,g g g , g p gf u rtder GPtti Uther prognm /knded in tc* tole or endtng aftn Januarv !!.13t! and b*fure
""*#""P"*,,* an part be the Untled States in cost *neettan tre ettabitshtnent af such fumL * * * *# # wtth such desaktitty or death. except that
!?1 Interest ora amounts so allotted teeth "*A M * ' 'W*
- A **** W # AM *1 *W0 **
- I!' ##'
WN' no r htotg to this subsecttort shall result tra the verpect to any such par pertod shall be cal- red acitort of any amc*nnt befolt' arm.
c lated as tf the allotment had occtstred at M.
.. e end of such va r penod. l* l'{ 'f, 'f U*l*"f,y g, "o c) A detersninatson by the Prestdent
,y any jam,ap ,,y,gro y go gs ,,ngs,gg4 of , arsdct stubsection tai ts conclustte and ts not r *>l MeDICsl a vts HKALfft CAR $l [DUCA rio.uL t uhycCl to ludtCtal rtt tet0, E. tresses.-Maohsrettons tel and til of such Ca.ptn t t y relQ ted offcR.s* * . rg, p.t this sectiorn:
, ,y, ,,,,, y sest*c*n $$69 te s so eddedl shor!! be carrtrat inst ictth respect to t'le pertad suter Janasam m,y,gg,4,m g, ,y ,, ..,g, . Dependent
- has t
.., ff, h ng,, ,;g,yg,, 4 7 ,, g,gg, g g , gy, y,,, gnag g,,,, ,, ,,,gg,, $3 g ,,heggag means g,gg,,=n t ge n en
- "I" ^# U"# 08 8 " #"*' # *'O
'"#'#8 5""#*' """'##
ta subs on en re ula o s per ss rtSe<t by the f'resadent ' O ' N ' ""'" N * '*#' d"#
- ': "?nMement for er year or " sore. ""' unsu en sutton J U of Mat tnue.?.""
'^*'#
ico DarthrTrow-for the purpose of thss subsectton. "petp and allottances" hse the OO**'* N "O*** W # D O ' '*05* *l '" I' M * *S EN* O'9'*
- utrannste prottdei esmtu section $$48 of title of to perseruph. a capitetty-triated allense qt suc% shapter Is amended by oddeng at nr
$. Unated .1taies Carte. " an o!!cnse that is- end thereof thefoliosetng nesa item:
- ' *'^*
sar one snartu run wrunan ne t stannetto ypll,, *, " n' , ' ' , ,qg{,0*,'g * *$l. D:sabatty and death co"tpruattan:
nun ens >It rtu nr uns g, gg, gyg n, ,g,g,, ny gg, Anjin ..,,,, ,, ,,,,4 jf,ls of membns Mi as tas pal.WssM.-ill Chdpt#r l@ of title JI. .
Mment under Mu s@erhon u m L,nsted Stutes Code. ts amended by addtng agg,gg,,n la any ouner amount prot'tded by Cude. tJ1 & citan 1951 of title 10. Unlted States as added by paragraph o!). shall esolv et the end ihnco/ thefodiotartne new section ga i,, g.tva respect to any disabtitty or death re.
"I$4A Benefote for membere heed es rootsase ~r$) .8 rey amount due e person under thts sultang from ars tMury that occurs alter Jan.
"tal les this sectton- subsectton shall, after the dength of such udry Zl. 2 988.
"Ill 'capitre status
- means a mtsst reg person, be dermed ta be pay and allancences nel MtbtcAL Be%serTE.=ilt Chapter $$ of status of a meesbre of the untformed servtces for the purposes of this chapter. title 19. firntted %tates Code, u amended by
August 12,1986 CONGRESSIONAL RECORD - HOUSE H 5955 adding at the end thenof thefollotcing new this section for a dependent of a person who item relating to chapter 100 the fonotesng section: is in a capttte status for education or trattt- netoUem:
"stess. . tweet == nuinhere herd as ceptse,e ing that occurs-and thne drpradrade **tt) after that person is in a capttre status ggg gg.,.ne I ae ,w mn, Air am.a ,
"tal Under regulations prescitbed by the N "*#E'###********I"*8 Heu ao Capuere end Their Drprad-
- an President, the Secretary concerned shaU pay E', **
llAl"
' ' *#'**#'"*"# # g me ggy n yggy ga, (1) Chapter !!0 of tisle 10, United States
"""'*E'""'
person who is a former capttre,'and any de. appropriate) that begtns bef6re the date os % as added by pamenph H), shaU apply pendent of that person or of a person scho la ,ngen the capggee ,gagu, of gnag ,,,,an gg,s with respect to persons whose capttre status in a capttre stulus, for health care and other mgnagg,; begins after Januam 21,1981.
expenses related to such care, to the extent ~ggy gre eg,gger o ghag gryan gejs,,,,fcyghe eng te) Account Usto ron Psrarearr or Costrex.
Mysuchce> gage or ofgne any eng cour,y of the sermN ron VicTrnas or Tsanonisst.-H) Chap-is i dent t the captive status; and gg.wegg pergog joggow,ng gnag gagg tf gne ter 19 of title 27 United States Code, is edumtional or training institution is not amended by adding at the end thenof the
"!A) k n at Government medical or opuated on a semester w quarter system; w foHOMn9 nt* E&C health prograrn; or
" fbi bu tsourance. "!C) a date specWed by the Secretary con- ~1101% Payment of eenarranecian for cartinne of cerned in order to respond to special cir' terrerune
"!b)In the case of any person sche is eligt, cinstances.
ble for medscal care under sectson 1974 or Ic) If a person in a capitre status or a gg,, ..Any benefit or payneent pursuant to sec.
$$g o 1076 that, quire of thisschenevertitle, suchpracttcable, requietionssuchshallcape re. brmerdent to capttre dies andpayments the capittnty, the deathshed is inct.be ,,gggygg,fggg,gggge,g,,,gg,,,gggg g;y of gggg, gg, , gay ge pagg ,,gggg
,,g ny be protnded services. in a facsttiy of the untformed avatlable under this section16r a dependent ,f,unds avantable
, ,,ggary y nn ,,,g to the,, Secretary concerned of that penon for education or trutning that ,
"Ic)in this section: occurs after the date of the death of that !!) The table of sections at the bresnning "It) 'Capttre status
- and 'former captive
- person.
have the meanings gtven those terms nn sec. "Id) The proctssons of this section shaQ ,o,fg such gg,,,,ch, gg,apter,,is amended gga ,,,,, ,,, ,g,,;by adding at the tion $$9 of title J7. not apply to any dependent who is eligible "10!L Payment of compensation for victims "12) ' Dependent
- has the meaning geven for asststance under chapter 15 of title it or of terrortsm.**.
that term an sectton $$1 of that title.", samtlar assistance under any other provt- $Ec ser. nKrulL4TioNS
- 12) The table of sections at the bertnntng ston offato.
of such chapter is amended by adding at the Any regulation required by this tt!!e or by end thereof thefouotetng new stent: "I!!8% Edecational sessetence: fornmer eeptiswe any amendment made by thts tiUe shall take g
ug ; y,s order to respond to special circum. effect not later than 6 months after the date
" lost %ddeel tem normbers held as cepeuve and stances, the Secretary concerned may pay of enactment of this AcL their dependrnts ",
Iby advancement or retabursement) a sEc sat tFfECTIVEDA TE o!E37tTLEJtKNN 13HA) Section 109$ of title 10. United person scho ts a former capttrefor expensen Prortstons enacted by this title 1centch pro-States Code, as added by paragraph !!), tacurred, schile GUending an educational or shn!t apply actth respect to any person schose l'* I"* * **EIS *l5*
- l*'~
tide neto spending authority desertbed in capure status beatns after January ?!,1981. ,,Ill subststence.'
section 40lic)t2HC) of the Congresstonal
'B) The Prestdent shad prescribe spectite '#' '**##*% Budget Act of 1974 shau not be effecttre X
** unttt CCt0bI* 1906-re;1dations regarding the carrysne out qf uppgg .
suh sectton actth respect to persons schose TITLE fX-MA RITIME SECT RITY capitre status bertns durtng the perrod be. **n s -
wt' set. sofoRT TITit.
"!6) equtoment; a nd This title may be etted as the " interna.
effect e date o t a't se t o .M oulu educanonal e2pensel honal Stanurne and Pod Secunty Act",
td> Eormstront. Assist.4 Net. IL) Part fit tb) Except as pron tded in section 2154 of ac set IhnRNarinNa sitest ass rvR sssnnT of intle 10 Untted States Code, ts amended Ults Hut. mments shau be available undu s An %Ittraroants SECT JttTT.
by adding at the end thereof the fonotetng Uns whon for a pman scho ts a fonner new chapter. capUte for educatiors or tratning that The Congress encourages the Prestdent ta continue to seek agreement through the
- CillPTER tie-EOCCA TION (L AS$lSTthCE FOR MEMBER $ HELD AS CAPTitES ths) M*l) r' after the termination of the status '"
of '" '
THEIR DEPENDEh T5 th.a.,t persorn as a capitre and ##
?' * * * ' b'I* "~ board secursty,"and comrnends him oss his
,Sec. !4) the end of atty semester or quarter (GJ efforts to date. In deretoptng such agree-
,,2181. Deftntttons.
.282. Educational assustance: dependen ts appmpnates that begtns before he end of ment, each membH country of the Irlterna.
the !2. year penod beginning on the date on g,n,ag 37a,,ggm , orga,gg,,gga , ,go,gg gon,
":!83. Educat on sult tetth approprtate Ortarate sector inter.
sistarnce: for*nn cap- te n t s or ests nel c un Sue ag e nt MU t'Yts-
"?!14 Terminattost of assistance- "lBI sf the educational or traintne insttlu- '#** #' * #* "
"2!S$. Pmarams to be consistent acith pr>* ttorn es not operated ora a semester or quarter "" "" ' ~
grams admirlestered by the (*et- syster% the eartter of the end of any course ## * *'"*
"# ****'W"#*.""
- "W erans' Adminsstrettor that began before such date or the end of the #$
- A*'
"121%I. thfinstten 16 tcerk pertad foucactrtg that date. 'I'""""#*"* "##"## *'"## N "In this chapter * "!c) Payments shaU be Gratlable under ""'
"tt) 'Captstr status
- arnd 'former capttre* this secttors only to the ettertt that such pay-
" *'**" A N' " ""V'###I#' *"A A*# #'A' N **'"Y 43)addlMnalsecunH' on board vessels,'
have the meerntnos eteen those terms tus sec* mertts are not othertetse autho'tzed by lato.
tsorn i$9 0f tttle 37i "92144. Terminatten of eseistance " " " ' " " * "
"t2) ' Dependent has the meantng attern ts Estann urnder this chapter- ance tenth appropriate securtty standards; l,W shan be disanUnued fe any person and that tenn tra secttora $51 of that title. 95) other oppmpr1 ate measures to prevent
,9!!E!. Educationel eenntener: depredents of rep. schose conduct or omgress is unsattsfactory
"* under statsdards conststent netth those estab- untatclui acts agatrist passengers and cretes on board tessets.
f,tal Under trotstattorts prescrtbed by the ttshed tender section Iill of title 38;and
"!2) may not be provtded for any person q q. m y,er,,gur pp., yn pyg,gg gy , y, y, y 7, pesmg,gg,, s sp q gs ps , ny Prestdent.
Iby the Secretary adrancement concerned shan or retmbursement) a de-pay for more thart 45 months for the equaralent ren ettt> <ntrs penttent of a person scho ts tot a captive inings. other than full.ttmo educattors or tratn. ta) Rrront ox Pnoonsss or (SiO.-The status for expestses incurred, achtte a!!rrtd. Secretary of Trartsportattors and the Secre.
g aos educattoreat or tragnung institution. 1103. Proereas se he conssa. tens aroth penemme tary of State. Jot *ttiv,
,g,,,,g,,,4 g, gg, y ,q,,,,, 4 4,,,,,,,, gg,, ,,,,, yv y,y,u,,v gg ,shan "tll subststence; gg 7report o4 gy,to the o,o ,,,,Cys,-
u "I29 tuation; " Regulations proscrtbed to carry otst this the Intentational Starttime Orgarntzettors en "tSt fees:
chantu shed provtdo that the pmgrams derrioptng recommenaattons ort Steasures
"!4) suppues; undet thss chapter shall be conststent scolh to Prettnt (Jottattftst Acts Agatast Passers.
- tie knoks; the educattonal assistance programs tender gets and Cretts Orn Boarti Shtpt chapters 35 and 34 of title 28.", Ib! CoxtevT or RsronT.-The report re.
"fel equs pment: and "IT) other educattonal espenses, ett The table of chaptus at the begtstntrly qtstred by stsbsection tal shau artclude the "th) Etcept as proended in sectson !!$4 of of subittle A of such title. and the table of foHoltt ng informatto*n-t this htle, payrrgents shall be ayaglable ggotder chapters at the beginning of part tilof such !!) the spret/lc areas of agreement and das.
', subtttle, are sortended by (Nsetting ttfter the a@rer** tent org the NCorrlmestdattorts arnong s
H 5956 CONGRESSIONAL RECORD - HOUSE August 12,1986 the member nations of the international tc) RzroRT or A.sssssutkTs -Not later erste in vtolation of the suspension of rtghts M:rttime Organtaatton; than 6 months after the date of enactment of by the Prestdent under this sectton.
- 42) the acteutttes of the Marttime Safety this Act. the Secretary of Transportation Ic) PsnaLTT.-t!) If a person operates a Committee, the factintation Committee, and shalt report to the Congress on the plan de- resset in ttolation of this section, the Secre-the Legal Commnttee of the Internattanut teloped pursuant to subsection tal and hoto tary of the department in schtch the Coast ht:rtisme Organisalton in regard to the pro- the Secrenry tct!! tmplement the plan. Guard is operating may deny the vessels of posed recommendations; and (di DLTERMINATroN AND NoTiricaTron to that person entry to United States ports w. . e
- 13) the secunty measures spect/ted in the foRzran CouxTAT.-Ef, after implementing 121 A person stolating this section is liable recommendationL the plan in accordance scith subsection tal, to the United States Government for a ciet!
Icl SterRrTT MzasvRss er UntTro STATKs the Secretary of Transportation determines penalty of not more than 850.000. Each day PORTS.-if the member nations of the inter- that a port does not matntain and admints- a resset utilites a prohibited port shall be a
- ctional Mantsme Organtaation have not ter effective secunty measures. the Secretary separate violation of this section.
finaliard and accepted the proposed recom- of State tsfter betng informed by the Secre' sEC sis SA.%CTio.%S R)R THE SElttRE of VESSELS mendations by February 28. 1987. the Secre- tary of Transportation) shalt nottfy the an- at TERRoRtsTs I:ry of Transportation shall include in the proprtate government authortttes of the The Congress encourages the President-report required by this section a proposed country in tchich the port is located of such (1) to ret few the adequacy of domestic and ptM of action tincluding proposed legisla* determination. and shall recommend the international sanctions agatnst terronsts lion if necessary)for the implementation of steps necessary to bring the securtty meas- scho set.se or attempt to seize vessels; and secunty measures at United States ports ures tn use at that port up to the standard (21 to strengthen tchere necessary, through End on vessels operatung from those ports used by the Secretary of Transportation in batateral and multilaterat efforts. the effec-based on the assessment of threat from acts making such assessment. ttveness of such sanctionL of termnsm reported by the Secretary of te) ANTtTERRORisM ASsisTANc3 RELETED to Not later than one year after the date of en.
Transportation under section 905. MantTIME StctRITT.-The President ts en.
5Et; M Pe%4 WA CS %AL $ECt RITT. Couraged to prortde anhterrorism asstst- actment of this Act. the President shat!
submst a report to the Congress tchtch in-Not later than 6 months after the date of ance related to mantime security under enactment of thts Act, the Prestdent shall chapter 8 of part 11of the foretgn Asststance ctudes the recteto of such sanctions and the report to the Congress on the status of physt. Act of 1962 to foresan countries, espec1 ally efforts to improve such sanctions.
cat security at the Panama Canat scuh re. tetth respect to a port schich the Secretary of bEC sol. DEFl\tTIU%$ 'v spect to the threat of terrurtstrL Transportation deterntnes under subsection for purposes of this titte-(2) the term " Common carrter** has the wt'. kes. THRES T UT TERRORf% tt To tAITEU NT.t TE% idh does not matntain and administer effec- same meaning g1ven such tenn in seCtton FORTT 4 %D 9MKLs tire secur1ty MeasurtL Not later than february 28.1987, and an. SEC M TR.4 vet, 4DV!sonlES CoVAR5IVI 5 Eft RI. 316) of the Shtpping Act of 1984146 U.S.C.
App. !l02t$19; and b nvally thereafter, the Secretary of Transpor. TT .4 T FUREIO PnRTs txtton shall report to the Congress on the tal TRAVEL ADV! sort.-Upon bei*g noti. (2) the terms "paJsenger t'esatt" and threat from acts of terrortsm to United fled by the Secretary of Transportattan that "tessel of the United States" have the same Stiles ports and vessets operating front the Secretary has determined that a condt. meantng gtven such terms in section 2101 of those portL tion exists that threatens the safety or sects. title 46. United States Code.
vt'. see tvRT. Nekann, .e so t'nt%Tel VerillTT T1tV Ol PG'ssengers passertger tessels. or creto .sEC $1s. 4t TotonI2.tTrov or.4FPROPRIAT!oNA su t RITT. traretang to orfrom a fore 1gn port schtch the There are authortted to be approprtated The Ports and Waterttavs Safety Act of Secretary of Transportatton has determined $!2.500.000 for each of the fiscal years 1987 gi;;;;
1972 933 U.S.C. !!!! et seq.) is amended by pursuant to sectton 907tdh to be a port through 1991. to be avatlable to the Secre-tnserting after section 6 the follotetstg netc schtch does not maintatn and adminis er ef- tary of Transportation to carry out this sectton- feelire securtty measures. the Secretartt of txtle.
"Suc.1. Pont, llsnnon. a.vo Co.estsL Taciti. State shall smmediately issue a tratet adsi. gr( ,,, no.g,,grx Tr Sect RITY. sory u tth respect to that port. Any trarci ad- tal Co.ssollosTroN.-To the extent practs.
"tal GEhERAL AUTNonlTY.-The Secretary Tisory issued pursuant to this substCtton gagg,, gg, ,,pg,g, ,, ,g 7,4 gggg, y,,ggong m2p take actions descr1 bed in subsection tbl shall be publuhed trt the Te:teral Rectster. 903, 905, and 907 shall be consolidated into to prevent or respond to un act of terror 1stra The Secretary of State shall take the neces- a stngte document before bring submitted to against- sary steps to teldely pubilette that tretrel ad- gg, ga ng,,,,_ g ,,y ggg,,,yg,4 ,,g,,,gg 4, "til an indictdual, ressel. or pubite or t iso ry. those reports shall be submstted separately com merttal structure, that ts- tb) LarTiva of TRALEL AD %isoR Y.-The as an addendum to the consolidated report
"!A I subject to the furtsdnetturt of the travel adessory required to be issued under obs Senx:sstov su Coxxrniss.-The re.
linated Flates; and subsection tal may be If!!ed only tf the Sec- po,,, ,,,,,,,4 g, y, ,,3,,gg,4 go gg, con, "t B I located tttthin or adjacent to the retary of Trartsportattorx. in consultatiori gress under this title shall be submitted to mart ne enetronment; or truth the Secretary cf State. has determtsted gg, co m,,gg,, ,, yo,,,,,, gyfag,, agg gg, "12) e tesset of the tlntled States or an in. that effecture securtty measures are main. Commtttre on hierchant .stanne and Fisher-dartdual on board that t esset. tatned and adnttralstered at the port tetth re-
"Ib1 Specirte AtmtoRITYmUnder Subsec- spect to EthiLh the Secretary of Transport:t- (omm,gg,, its of the lionse of,Representattres o,, yo, ,,, y,gaggo,, ,,4 and the gg, trqrt rat the Secrrtary may- 8 ton hatt er:nde t'te determtriatton desenbed (0 m ,n , g g,, , , , (,, m,,,,. Sq,,,(g , ,,4
!!I carry out or requare tneasures. anclud. tn sectron 90mtL Transportation of the Senate.
tnq nrtspections, port artd harbor patrols, the tc) Nortrte.strov 70 Conkrss.-The Secre-estabinshr'arret of securtty and safety sortes. tary of State snail trnrnedtately nott.fy the Tifl E X-FAKELL TEllJo st SHIP ritt>CR.919 arid the ds relopment of Corttingency plans Congress of ttny changt trl the status of a bi t'. iset. bHr>RT TITtE.
und procedures. to present or rerpond to traret adttsory imposed pursuant to thns This tttle may be etted as the "fascell Tel-nets of terrortsm;and section. to1cshtp Act*.
"t:1 recrutt members of the Re9utar Coast set' 909 hi vs Utn\ t>f P4%s Ar.I:R 56 RIKDA str 4001. Eft.Lole% HIP PMor;Rt19 Finn TKWPoM tRY Guerrt and the Ccast Guard Reserte anet tas Pststos.%T's DtTsnutvetro.v.-Wheneter ssRtH E S T t \tTED ST4 TEM nl.utO%%
trates members of the Requiar Coast Guard the President determt nes that a forrtgot Is TNA rostst t % Ins S.%D t. ASTER %
anet the Coast Guard Resert e t's the tech- nation pennits ne use of terrttory uniter its Al RUPK-nnques of preventtng and terpandtng to acts Jurtsdictxort as a base of cperattarts or train. tal EsTAaltsNurxT.-There is hereby estub-cf terwr1snt.1 enefor, or as a sa'tetuary for, or art any acay tuhrd a fellottshty program pursuant to
%9c. set. sfct min !'s \t l Nut silonytti% IvrRT\ arms atds. or abels, arts terrortst or terror. schtch the Secretary of State artli prot Ede fel-tal Asssssus.v7 or Stet arTV Sft.e wnEs.- ist group u htc'l knorrtnyly tests the illegal lotcShips t3 Untled States C1812 ens 1 chile they The Sceretary of T'ansportation shall detel- srtture of passenger tessets or the thrrtti sert'e. for a per1cd of betteren one and into op and implemeest a pian to assess the effee- thereof as an instrternernt of pcItcst, the Prest- years. tit posttsons formerty held by foretgn Is re rness of the securtty measures matst. dent nsay. setthout nGt:Cr or hea rtng and for nattonal entvioyees at Untted States daplo-taoted at those forrtgot ports uhtch the Sec- as lurte as the President tetermt'tes neces- matte or consular mtsstons in the Sottet retary. tn consultation Icsth the Sccretary of sttry to assure t*se secur1ty of passer \1er t-en. U*nton or Eastern European countries.
State. determtrees pose a htgot itsk of acts of sets apan'tst tselate!n.t scu ure. suspend the 'bo Drstn% sT'os or fruowsMits.-Felloc ter*ortent directed agattut passenger ressels. rtohl of an V passenger l' twt comrntas carrt. shups under thts ttile shall be koloten as obt Cavse1Tettov WITH TNE Szcastsny ur er to operate to and freorn. tend the reyht of "fascett fel:ctcships".
GreTE.-In carrytng onst subsecitan tal, the any passenger traset of the Urttled States to Ice Ptatuse or TNE FruotesNies.-Fellow-Eccerta ry nf Transportattors shnll consult 1stuisse, arty port sit that forrtgn nation for . hsps under this title shall be prornded tot the Secretary of Slate nesth respect to the ter- passenger scrt sce. order to allotc the vectatent thereafterin thts forsst threat schsth esssts in each country tbs PaoMistTrox-Il shall be untarctul for talte vr?t**rd to aJ a "Tell01c") to sert'e o*t a and poses a high risk of acts of tervris n <tt. any passertger t esset common ersrrter. or arty short terart basis at a United States diplo-rected against possestger Yrssels. passenger s esset at ne U!stled States. to op- matic or consular mutton irt the 50t tot
~
y August M, /386 CO,NGRESSIONAL RECOsD - HOUSE Unnon or an Eastsin Eumpean cou,et.y in H557 te) Er*?cmi Darn,-S;sbeectiens td) of IMe til the Contention Ageinst the Taking of order to obtats first hand atpcsure to that section daR not take effect mutai October 2, Hostages (Near Yort Deermber il 1979:
countryw including fas approsrtste) inde. 1986.
XVI!!internationa8 laget Maternets les11.*
pendent study in Sognet or Eastern Europe. sEC '.neL sccanisay orstArt 159 the Convention on the 9%yescal Protec-an area s udies or tarsquagu Id) InotVfDtJALs WNo MAY RECUvt A FEt,* tal Dersasentnone.-W Secretary of tion of Nucitar Matertete (October 26,1979*
Lowstetr.-To recetve a /citancshes under thU Statt shed ddtrntine trht:h of the inalDid- NYI55 SR$*"#$$***5 C00d M*S*'t*50 5$59II title, an indicsdual nts.st be a Unsted States uals selected ty the Bonrd at'R serve at each **d cttisen teho is an andergraduate or graduste Unsted States dipirnanttsc or consular min. (6) the Conventio*s on OfTennee a'sd Cer-student, a teacher. schatar. or other acadeW ston in the Sortet tftsons or Eastern Eumpe tatn Other Acts Comsttled on Board Atr.
ic, or an other individual, who has arpentat and the porttan in shtch each wiu serve. crnft ITokvag September te, 1963: 20 U.S.T.
in Soutet or Eastern European area studine (b) Avrwonsrtss.-Such ses&e shaR be in 23I5 TSAS 616*E*
or languages and who has a worksaq kntonot- acortlana 5th the sei. east authorettes af tc) Tymrar rra Coxvrnroon Snotsa Pao.
edge of the prtncspal tanguage of the coun* the Foretest S>rvice Act af f 980, the State De. 9'>e.~Such convention ehould prnshie-try in tchtch he or she 1could serve. pnrtment Batsc Aesthorhis Act nf1956, anst , Lil an r2pttett de:Nstition < c&aset ws-te) Woma no Msussas or MinoarrY title $ of the Unitedgraus Code. alstuttssa terrortesr.:
Gnotirs-in carrysng out this secttors. the tct fusorno.-runr2 approprteted ss the. ,
I:9 effectit'e close insettseence shartna Secretary of State shaU actitely recrust Departmesnt of Statte f sr "Satertes anc! E2 Jnsnt countertersortat tratnine, and untforns ,
women and members of minority gmugs, penses" shan be ued for the expensen in. rules for asyluns and extraditeon for perse.
curred sn car"rtng cut ~his title trators of terrortsm;and Ssc teal fit.LonsMt!BosnA tal EsrAnuurwzpr Ako FttacitoM.-There is TIT 1.E XI-SITV1/TT.4 MillTART B.tSES m effedre crtminal penaltnes for de hereby estabLshed a feitososhtp Board there, ABRtMD cift puntshonent of perntrators oljew M %
a/!er in thss title referred to as the " Board"), **C H*'
unsch shad select the sndtviduals acho actU The Congress /1nds that~ tal Constataarrott or An IW.E.v etronL be ettysbte to sert'e as Feuotes. TMtevnst.-The Prestde'tt should aho con-
!!) them is evtdence Ibl Mgunta.sxtr.-The Board shaU constat b**** * *$ '"*E*U*#*** *$ U**#'d ###E** th.sl temrtsts t snsta sider tncluding on the agenda for these ne.
of 9 members asfoUotes: Armed forces outstde the Unsted States to be gotiations the posutlity Qf eventua30 es-
!!) A senscr offtetal of the Department of targets for attack,' talitshing an intirna*sonal trtbunal for State itcho shan be the 'hast of the Board), !!I rnon auention should be esten to We t re sec stsng terrorists.
destgnated by the Secretttry ofState. protection of members of the Armed forces, MC uns. EXTRsitantronut, CAININAL Jt GNC.
(2) An offtcar or empi-tre of the Depart- and members of Metr fantWes sMoned tuts orsa rsanontsrcosonT.
,,, 3, g,,,,,,_ _p,,, , ,, g gy, 3g, g ,, , ,,g ment of Comme =ce. dessgeted by the Secre. * *l'Y* ** U"U'4 ##l**; * *A tary of Commerc=. 4 anntp m to educate unemben e,y,p,s '! ate Cods
,, g;3 is amended bt: inserttutt niter gpyyou,,,,gg 131 An officer or employee of the United *
- fg,A ,g, ,",g , f, ,,
States information Agency. destgnated by ,,
the Dnrector cf that igency.
gg,g,, g, gg, gg,,,,, ,y ,,,,,,,,g g,
,,gg v,g , ,,g' g
g:, m i1 t-UTMERRModAL Jt M futypo.y osER TEARUnisT ACT3 ABlilltO ho,o go proggeg ghamsegres groutg se sussga . MtNTl'lTEDST(TES yAT10%4LS E le E rope n a t d es ortan Yages, HaKy enanded.
appotnted by the Secretary ofitale ten can. sEC list nKrnwyt3Dro + rtn%s BY VttR % ACME. W23L netweele Tmes sets M *d W M y sultatton setth the chagrwmn snd ranktnq 1 ** W WAM minortty member of the Commitee on For, si ss the serv of the Congress that- "ta) livstraDE -WMet'er klus a nettonal eton Affatrs of the linse of Repwsrttattres til Me Stewary of Defense should ret'tew of the Unstsi' states.1chste ruth %stional is and the chatr*vtn and ranktng minorsty of EI'* Chi'ty of ear % base and instauation of outstde the United Statts, s% sit-the Camranttw on Torrten Rotations of the !.se Depa rts%c<t t of Defestse outstde the "tj y ne kt' ling is t Wier as d vsned in sen a te t. Winnted States becludttta the famsty houstng e etson !!!!!al of thsa true, be ftr44 u ador tct hierrtwas.-The Board shaU moet at and support neitt'sttes of each stsch be.se or this tstle or tmpnsoned for any term of years least once rach prar to setret the trtdtetdtsats installation, and take the steps the Secretaryoned; or for IVe, or both so ftned and so impris.
who actu be ettq1 bit to sert e as fellores. C*RA'AU* NrCr3**rF to entprove the ser settV totl Cowressarrow no Ptn Dttst.-Stembers of such bases and instellettons;and "121 ll the kstling is a voluntart nsass.
of thrToerd shat! recette no compensation sti the Secretary of Defense should ensti. slaughter as defined in secttoss !!! ta) of nn account of thetr terrter Ort the Board, brst flate a pm9 ram of trotntny for members of thts Intle, beInned under this tttle 69 tmorts.
schale attray from therr hannes or regular the Anned foren aM hr n9mbers of thetr oned"t3111 not more than ten the ktuing years, is an or both;man.
intwtuntary snd Places of bussness tn the performance of famitt ts. statione'l outside thA Unf ted Stetes those e.Htes under *his title, may be aHotted C**G'ing sqvrtty and antit+ rrortsng- slaughter as defined in sectson !!!!!de of fraret ripenses.1octuding per ettem in lieu 'D es ntywy H rnt t't'MRE.M th15 tltle, be fined under this title or snapres.
of substster cr. tn the sante manner as per. oned not more than three wart or both, I
!!J Idr thr/ June 20. 2387, "or Secretary "Ibl Arit.errt on ConsrtAacy Wmr Respu"t I sorns emproved inter"tattently tre the Govern- of Defense tisad report la ine tongress on to flourelDt.-Whotter outsade the Urnst&
l ment sers're* are adotted rzpestses under sec. any acttons taken by the Kaeretary desenbed States attentats to ktiL or engages tn a con .
Inon .5702 af ttue $ of the United States Code- ton sectter i202. tpstacy to Atu a national of the Cratted
't! s**e 9ttin*5fttrt TIT!,k til4 tllllA 4L Pt 3fMH1tES t'lly States shau-
'cs .Vareta.-Up th 100 felloacships may t e l\TER% 4 TinN4L TER9tt>RIMM "t!) tot the case of an attempt to comnnst a omrtdvd n'nder thts Une each year. '
"8"# 8#* " ** ' #
th! PrettstetAtton do Ptsfot>The Dontl m Isst utwnst.KwK%7IWM cros e r% rtos. SEL.ot!4 rin% tof s chapter,'^be fined snder thss title or t,sprts.
shud &termano, taksne tus;0 consideretton the posUtan in tehtch each TeUoto scsil srrte tal Ecsse or Conantss.-It ts the unse of * * 'A " 0 E "'* ' * * ## Y* * # *"
a rtd % or her esperm *nce and espertise- the Conoress that the President s%ould estab. 'EI 0
- UI# '"## *l * ##'##'* * ' " " '
!!> the amount of renueralson the F Uow tatt a process to encourage the nroottation # ** * *# '***U* ** ** ,
i tLe /or his or hes' service unde ~ ths.1 of an unternational cont +ntaan to prevent * * "'A" ** A'lI"'A * * *
- I III' "I > '"
a control aR aspects of interosatsornal ter.
- 12) the pertod of the fruottshtA schsus Iffy
!bl XLa Mo t tD fKisTtv0 ?*rt!Melin%AL # # I "#$ '" # ^#
lll f,*}
- O"
,'l
\
I shinH be between one and tsco years. ',
l' tcp Tutums -gach rettos0 may be gtren Concent*tms.-Such contenten s'.nuld ad- I*'***""**'**'I"N*'#**
anymortate tre neng at the foreters Servtce dress the presentton and contryt s f internet. A " A * " A ** * "' * * ** *
- A*
l s
lu stst utt or other approprtate institutson. tetnal te.*mestes in a compre nn, se e fash. W"** U* "W' ~ W* *" *'U' U'* ,
\ ton, tah'ng snto et.msdoretton westtes not d SE* l *" M** * * *A V'*l *'*U
- C" ut) flottana no Tnas.trontstron ~The n overtrt or. l,*d's
'll truth intent to cerne sortous bndelv
\ Secretary nf State shall, pursuant to regtslo-tions- *11 the Convention for t?e Suppresston of trsitsry to a natsortal of the Unskd States; of Ursta r168 s* ture of Aercen/t vthe Haeno. Dr. ' "r!) stuh the result that senous tMtle til pros:tue hc ustng for each fenow & e cember is, isto; 22 U.S T. lett, TIAS 11921: totjurv ts esused to a narsonal of the Wested ,
the reHote ns upt tng abroad. n acitdtv,0 121 the Consentton for the ingpresston af S'*k*l
\
- merlar91 whe re and cppenpraetes houstng for famsts Unlamrfr! Acts .nsainst the Safety of Cts'st shaR be firsed tender ihs tttle or intnre 1*eed 921 pas the costs and expenses tncurrea by .treatton thlontreat. Septentber 22. Itti; 24 not more then /tro yests. or inth neh fetiov t's trat'eling better*n the Unded U.S. T. 36 4. TIAS TS tes: "tdb Dstivarrow-As ess*4 vs thes sretton til the Countr*ttlors on the Pretentsors artd the terns nlattonal of I'ne L *,8 ed .%8stes' has
.htles
> vtes,and e sc.%thetant country terhereinapprcyrtates Ichsch Jtetras frHote et Putteshment of Cr1mos Agnenst internat1on. the neraning stren stwh .orwn en tetton mr fa >rre members. ally Protretort Persons INe*e YorV. December 10llas!!!! of the imetsgration and Nehonet.
14 8212: 2t t].31' Itts. TIA3 81221: tru Act is US C. itst<nnt!!n r
L
- - - - = - - - - - - - -- -
M 3
~
H 5958 CONGRESSIONAL RECORD-HOUSE August N,1988 "Is) LlertTATION ON PaosECtirton..=No pros. SEC laeL STnK.%CTMEN liantlGM LANGCAGE sklLLS "til Nottetthstandtng section $24tc) of ecution for any offense descr16ed in this sec- it is the sense of the Congress that the Sec- title 28. there shan be depostted in the Crtme tion shan be undertaken by the United retary of State should substantiany strength- Victims fund in t*te Treasurv aU amount States except on entten certtitet.tton of the en the foretq~. language tratntng of foreten fmm the fceletture of property under this Attorney General or the htehest ranktng sub. Service officers and other Unsted States dio- subeection remaining a'ter the payment of arginate of the Attorney General wtth re. Lomatte personnet acho may serve in ensbas. expenses for forfetture and sale authortied ***
I sponstbtitty for ertmtmat prosecutions that, stes otierseas, and to work toward earty in- Dy law. .
s2 the jusquent of the certtfytng officsal. stementation of a program focustne on ac- Ic) Oncen or SitOAt. Tonrrrrt'at.-Subsec-such offense was intended to coerce. tntami. qutsttson and retention of effective itsguto- tion tal d twtson 2071 of ttue 13. United date, or retaliate against a goternment or a tie sksus the carects of Untted States diplo States Code, is ammsded by inserting after etrtitan population.". nsatic personnet. "conttetton of a defendant for" the fonow-
- 16) CtsascAr. AmtsonsxT.-The tabit of ssC osen svartITtat es enoatssa starvEO ing *an offense under section 194 of this chapters 16r part i of ttUe 28. United States rnos EstnnAGE AcTortnss title orfor".
Code. is amended by inserting after the item tal GATreensnau TnAnsurrrrna, on Losina sac, tur. EXPRESMooM of SCPPont of ACTitITIEs for chester 113, the fonowing new item: Dertsst EnronnAtron.-Section ist of title , or Tus tstrue sTATts TELEtut.
"!!)A. Estraterritonal funsdtction over ter. 18. United States Code, to amended by notcATooNs Tsal%IM t%sTirtTE.
ronst acts abroad against adding at the end thereof the fouowing new Nothing in this .uL the Communications United States nationats.". subsection: Act of 1934, or any other Act, shan be con.
"I Jt!) Any person conticled of a Snole* strued to preclude the Department of State.
TITLE Xill-MISCEt.LDEOCS PRO VIS10%S tson of this section shan forfett to the the United States Agency for International SEC IJ0I. PEACK cDRPS AL tnt *l2t no4 09 APPRib Unsted States, trTespective of any provuton Detetopment, or the Untted States informa-rntAnoNK of State law, any property constituttng, or tion Agency front participatton in support Section 3 of the Peace Corps Act is amend- dertred front. any proceeds the person ob- of any activettes of the United States Tele-ed by amending substuton Ibl to read asfoi tained, directly or indtrectly, frons any for* communtcattons Trasning institute tinclud-lotts' eten government. or any faction or party or ing use of staff, other appropriate resources "tb) There are authortsed to be appropri' mtlitary or naval force scithin a fore 1gn and sert,ce on the kmtrd of the institute),
ated to carry out the purposes of this Act countrw. whether recognsted or unW SEC IJen roLICY TowanO AKnANisTAM 3130.000.000 for the Instal year 1986 and ntzed by the Unnted States, as the result of tal Ftxornos.-The Congress ftnds that- .,,,w-8137.200,000for the fiscal year 1987." such vtolatton.
"12) The court, in imposing sentence on a Ill the Sortet Union invaded the sovere1gn src Ites DewovstnAnoAS AT KNn.455tFN I% TNK DisTnNT of wLi'4 nit. defendant for a ContiClion of a stolation of terntory of Afghanistan on December 27.
It is the sense of the Congress that- this sectton, shan order that the defendant 1979, and conttnues to occupy and attempt
- 42) the Dtstrtet of Columbia lato concern- forfett to the United States au property de. to subrugate Usat nation through the use of tng demonstrations nearforeten misstons in senbed in paragraph (1) of this subsection force, relytng upon a puppet regime and an ths Dsstrict 61 Columbaa ID.C. Code, sec. 22- "t!) The prortstons of subsecttons ibt. Ict. occupytng army of an estimated 120.000
!!!$) may be inconsistent actth the reasone- and te) through too of sectton 483 of the Sortet troops; ble exerttse of the nehts of free speech and Comprehenstte Drug Abuse Prevention and (2) the outrageous and barbanc treatment assembly. that law nsay have been selecttvely Control Act of 1970 !!! U.S.C 853tbt, ich of the people of Afghanistan by the Sortet ,
enf:rced, and peaceful demonstrators may and teMos) shan apply to- Unton is repugnant to en freedomlortng _
have been unfairly arrested untter that law; "tA) property subject to forfetture under peoples as reflected in seven Untled Nations ann = .
121 the obligation of the United States to this subsection; resolutions of condemnatton vtolates all prov1de adequate security for the misstons "tB) any sensure or disposition of such standards of conduct belttttng a responstble and personnel of foresen governments must property; and .
nation, and contravenes au recognt2cd pnn-be balanced tetth the reasonable exerctse of "tC) any administralite or jtedicial pro- ctples ofintentationallate:
the itghts offree speech and assembty; and creding in relation to such propertv. t31 the Spectal Rapporteur of the United 4 132 therefore, the Counctt of the Dtstitet of tf not snconsistent actth this subsecttun. Nations Commtsston on Human Rights, in Columbte should rettet and. tf appropr1 ate. "til Notec1thstandi:10 section $24tcl of his November $.1985, report to the General make vertssons an the latts of the Dtatrtet of title 28, there shall be depostted sn the Crtme Assembly, concludes that "tchote groups of Colvmbte concerning demonstrations near Victims fund in the Treasury an amounts persons and inbes are endangered tn their foreten massions, sn consultation letth the from the forfeiture of property under thts ettstence and in the:r ttres because thetr Secretary of State and the Secretary of the subsection remaining after the payrnent of tirtne conditnons are fundamentaUy affect.
Treasury. e2penses for forfetture and sale authortzed ed by the kind of 1 carfare betng traged" and M t'. nok KtM n elDilEin RKTINAWKAT 4U.tW. by law.". that the "Gottrnment of Afghanssta% 1cilh 4Act tbl Gerusa1No on Dsursarna DerzNas IN- heavy support from foreign (Sortet) troops, la) FINDIMM.=19te Congress finds that- FORMA T!oM TO AfD Tone!QN GO VER 4 MENT.~ aCis teith great settnty agasnst oppontnis
!!) Kurt Waldhetm's mtsrepresentations Sectton 794 of tstte 18, Unsted States Code. ts or stapected opponents vf the regtme actth.
about his past enabled htm to itse to the 90- amended by adding at the end thereof the out any respect for hursan rtgttts obitga-sttton of Secretary General of the Untled foUotesng netc subsection: tions' including "use of anttpersonnel Nations: "fdtt!I Any perron convicted of a v1ola- mtnes and of so called lov bombs
- and "the 129 Kurt Waldhetm currently recettes tnon of thts section shall forfest to the indiscrtminate mass ktuings of cstntians, 331.650 a tocar as a retirement allontancefor United States arrespectnre of any proviston particularly teorran and children'? .
his sen' ace in that posttion; and of State lato- 14) the Spectal Rapporteur a:so conclaies Ist Kurt Weldhenm's mtsrepresentations " tab any property constituting. or dertred that the scar in Afghantstan has been char.
scent to me.iters that lie at the very henrt of from, any proceeds the person obtanned. di actertred by "the most cruet methods of tear-the purposes of the E!nited Natrons. rectly or indtrecuy, as the result of such vio- fare and by the destruction oflav parts of tbo Senst t'r rue Canontss.-It is t'ne sense tatnon, and the country tchich has affectett the corsdt-of the Congress that the President should in. "tBI any of the person's property used, or ttons ofitfe of the populatnon. destabstising struct t'te Permanent Representattre of the intended to be used. in any manner or part. the ethnte and titbat structuer and disrupt-Untted States to the Untted Natnons to act to co'nmst, or to facilitate the commtssion ingfantly units" anA that the "demograph-to amend the 1986-1987 Regular Program of, such vrolation. ic structure of t'st muntry has changed.
Budget to ettminate funding af Kurt Wald- "I!) 171e court. tn impostne sentence on a since over 4 mt!!Os refugees from all pror-hetm's retnrement all01canct utnd to act to defendant for a conenction of a vtolatton of inces and au classes hare settled outside the deny Kurt Waldhena a retirement allottance this sectsor shan order that the defendant country and thousunds of internet refugees in allfuture budgets. forfett to the Untled States au property de- have crottded into the cttles l'ke KabulT src not EReDIt'AT!o% or 4tnUnwy, 5 enttris. scitbed an paragraph til of thts subsectior 450 the Unsted Nations General Assembly.
Tt w. "t3e The prornstons of subsections ibl. (c) in a recorded tote of 80-22 on December 13.
Section 10Jtal of the Foresen Assistance and ter through tot of section 413 of the 198$. accepted the ftndings of the Spectal Act of 1961422 U.S.C. ZZ$latalt as amended Comprehenstre Drug Abuse Prevention and Rapporteur and ceptored the refusal of be adding siter paragraph 121 the follotesng Contml Act of 1970 !!! U.S.C. 351+1 Ich sorneg. led Arc han offictals to cooperate actth nele paragraph antt te)-ton shan apply to~ the Unsted Nations. and expressed " pro-
"tja Of the amounts authortsed to be ap. "tAl property subject to forfetture under found distress arsd alarm" at "the tctde-propitated in paragraph I21 for the ftscat thss subsectton; spread vtniatsons of the rtght to itfe ttberty.
< year 1987, not less than 32.000.000 shan be "tBI any setsure or dtsposttton of such and securtty of person, includtne the com.
aranlable only for the purpose of corstrolling property; and Mcnplace practnce of torture and summary a nni tradicattng ambtyomma va rtegatum "t C) 2ny admnnnstruttre or Judnetal pro- execultons of the regtme's opponents. as well theartscalert en bottne antmals in the Cartb. credtng an relatnan to such property- as. increastng evtdence of a policy of reti.
besn "- (f not ineonsnstent esth this subsection gtt us nntclerance";
---y-----, - -- , -. ._ ,e ,,,- , .--e a----
I August If,1886 CONGRESSIONAL RECORD- HOUSE H5%9 m in a s.6sse=f report of the Sasew For considerauouf the entire House bill acuan aero d upon by the manasers and Jtepporteur of Feipresry 24 JNG the Sasetet and Senate amendament: reca==aaded in the aaompanyins confer-Jtepporteurfound fast "The only sotution to DANTs 8. FAscs J. ente report:
the humse rights situation in A/phantatem . Oos YATBoN, is the wtfAdre seiof thejbretas troops"and DAs Maca, The Senate ameM==lt struck out all of that "Centinuatica e/ the miittery soluttos the House bill after the enacting clause and Parum H. KoernsAvsn. . . inserted a subsutute text.. .
' wut, in the opaeios e/ the 3psenal Jtappen Iawamca J. SastTu, The House recedes from its disagreement
.v-teur, lead ineettsbly to a situation ap. Tse Wases, ..
proscAter Gemecide, w4dch the tredHione to t.he ameM=ane of the Senate with an BUsov MAcKAt. s assendment which tL' ar substitute for the sad culture 9/ #Ats no6de people commot Was. Baconsr ssa, permit 7 BsNJAastN A. OtusAN, House bill and the Senate amendment. The C1ffereness between the House bill, the (TJ the Societ investos e/ NMeadstem OLTasrtA 8 pows. Senate assendment, and the substitute caused the United Sister to postpone indeA. Coswis MAcu.
attefy action on the 3Al,yff fiesty is 2979 JMN McCatW. aerood to la conference are noted below.
sed the presence c/ Jostet truope in that escept for clerical correcuens, conforming For consideration of title IX of the House changes made necessary by agreements country today comissues to odeersely a/fNi bill and modifications committed to confer ' reached by the conferees.and minor draft-fAe proepscis Jbr Jone. term improvement of eN* ins and clarifyins changes, the Untled States-Soviet 6tuttml relation. WALTsa B. JoFas.
y, TITI.E I-DIP!4MATIC SECURITY 8["
g f,Y, # """ " Y as, RammststLITY or Tus Saca TAmW MM (3) the Sortet feedership appears to be en- Oswa Swvpsn.
'Ihe Hoose bill (section 103) enacts re-geged is a ceicuisted policy of reistne hopes For consideration of tides III. VIII. XI. sponsibilities assigned to the Secretary of for u w6tAdrawei of Jooist imops from N- and section 003 of the House bill and modi- State by the Free 8 dent in his letters to ghantates is the appa>vst belief (Ast words fications committed to conference: Chiefs of Missions of September 23. t9st will substHute fbr genuine action is shap(ng las Asm. i and the responsibilities impilcitly assigned world opinion;and Matvtw Pares. to the Secretary by section 207 of the For-IS/ President Jteagan, in Ais February d. WI:1tAas !. DICMSW. eignService Act of t900.
1988, Siste c/ the Union Address promised For consideration of sections 102. 703.'!12. The Senate amendment is identical to the ?*
the Ndas people (Aat "Amance will sup- 713. and 714 of the Senate amendment had . House bill.
port with moral and raatertal assutance modifications committed to conference:
your right not fust to Aght and die forfree- PuTsa W. Roerno, Jr, The conference substitute (section 103) is dom, but toflpt and wimfreedom*'. WstAIAas J. Hocuss. identical to the House bill and the Senate Dow EnwAans, amendment. By enacting this provision. the (6) PotKr.-(11 ft is the sense e/ the Con- committee of conference intends to press (Ast the United States, so long as Jun CowYsas. strengthen and expand the responsJbilities sortet military forces occupy Afghantatan, Bata McCotuna, of the Secretary of State.
should support the efforts of the people o/M. 3 phasistem to recein the sovereignty and ter- D"s"omo"s",**.psuas.
O The committee of conference finds that ritortal integrity of fAeir nation lArough- Fu consideauon of title HI and utte VIII the authority given the Secretary of State M1 me appromate promions of material of the House bill and modifications commit- in this subsection is the Diplomauc Seewi.y critical Progrun '
to the success of to be im-support; ted M confmnce sauc I11tAas D. Fonn, plemented pursuant to this act. The com-
, rR/ renewed multilateral initiatives aimed g mittee of conference expects that the 8eere-af encoursping Soviet military witAdrawal, #
the return of an independent and nom. wn! w au y rmeW aligned status to Afghanistan, and a peace
- pm mmT R["' ,mO* size and number of U.S. missions for reasons fut political settlement acceptable to tAs Don YotrNo, of both seculty and economy as med on people o/Nghanistan, which includes provt- Managers on the Part of the House. smral occasions dm the co&&n For consideration of the entire House bill and as recommended by ston for (Ae rettma of Afghan refugees in safety and dignity; and Senate amendment:
f ethis ce legislation,a PMent M Me on hat.
" 8 T' i ~
(C) a continuous and rigorous public in' RICHARD O. LUGAm.
The committee of conference expects that formation campatan to bring tAefacts of the Jzass Hat.us.
CNant " McC. MATHIAs. pr or to mmMng any tnCreases M reducuons, situation is Afghanistan to the attentson of the Secretary shall coordinate with the the world; Jr*
(DJ frequent c// orts to encourope the gc7 hsssaAUE heads of the affected agencies. In addition.
Sortet leadership and the Sortet. backed Ct.AtsonNs PELT. th' 8'c't
Y "h*II **A' I"'
of such a Change on U.'S. ' foreign
' " Id #*EI "
J.R. BtDEN Jr* the impa Nghan regime to remove the barners erected policy objectives and on t.ational security pact.SAms NEs againstinthe etents entry intobyand Nghanistan reporting>our.
international of For consideration of sections'702.703,711. Interests. and any longstanding and unique nalists; and and 714 of the Senate amendment and agmments on omas staningleWs.
(El engorous effbris to impress upon the modifications committed to conference: The committee of conference also expects Sortet leadership tAe penalty that contramed CHUcx GaAssLET. that any agency which disagrees w.th a de-military action in Nghanistan impases JEnsutAM DENToM' cision of the Secretary of Stat 1. Cursuant to upon the batiding of a long-terns construc- ARLEN SPEcTEn. this suDsection, shall Continue to haVe the fire retaffonship witA the United States, be- DENNts DECoNCINt. right to appeal such a decision directly to PATLEAwy, the Office of the President.
cause of the negative effect (Aat Sot'tet poli-ctes C. Nghantstan have on attitudes For consideration of section 702 of the Benz.AU or DIPLouATIC SECUntTY toward the Sortet Union among the Armert. Senate amenc:rnent and modifications com- The House bill (section 104) establishes mitted to conference:
can people and the Congress. the Bureau of Diplomatic Security of the CHARLzs McC. MATHEAs* Department of State to be headed by an As4 (21 It is further the sense of (As Coness Jr-that the Secretary o/ State should- sistant Secretary who shall be responsible Tou EACLEToN.
(A / determine schether the actions of For consideration of sections 706 and 707 for such functions described in section 105.
The Senate amendment contains an iden-Sortet forces arctnst the people of Afghani- of the SenLte amendment and modifications stan constitute the international crime of committed to conference: tical provision. However, as a result of con-Genocide as defined in Arttele 11 of the ference changes in section 105 of both the JOHN C. DANronTH. House and Senate bills, the Managers International Contention on the Preventiost ERNtsT F. Hot.L!scs, s't't Pttnishment of the CrW.e of Gvwetde. Managers on the Part of the Senate. agreed to make conforming technical signed on behalf of the United States on De- chantes.
cember 11. JHi. and if the Secretary deter. JOINT EXPLANATORY STATEMENT OF The conference substitute (section 104) mines that Sortet actions may coststitate THE COMMTITEE OF CONFERENCE t tab hm of the new the crime of genoctde. Ae shalt report his grovt ,
The managers on the part of the Houre
' findings to the Prestdent and the Costgress, and Senate at the conference on the dis- headed by an Assistant Secretary who shall along tettA recommer led actionst and agreeing voter of the two Houses on the be respu.u!ble for such functions as may be (BA rertew Untles .itales policy with re- amendrrent of the Senate to the bill (H.R. directed by the Secrttry of State ~
spect to the continued reco9ntflon of the 415D to provide enhanced diplomatic securt- RsarosstatLITTEs or tite Asst $ TAM Sortet puppet government in Kabul to deter = ty and combat international terrorism, and SzcarrAmY Fon DEFLoMATIC SsCCEIT F mine tchether sme!t recognitton is in the in. for other purposes, submit the following terest of the United States. The House bill (section 105) consolidates And the Senate agree to the same. Joint statement to the House and the all of the security functions of the Depart-Senate in explanation of the effect of the ment of State under the Bureau for Diplo-f
H 5960 CONGRESSIONAL RECORD- HOUSE August 12, ISBS mauc Security for which the Assistant Sec- The Senate amendment approves a lease role of the Inspector General of the Depart-retary for Diplomaue Security shall be re- by OSA of necessary space subject to appro- ment of State and the Foreign Service.
sponsible. prianon. Racoans or Tus Acconwras!MyT Ravtzw The Senate amendment directs that the The conference substitute (section 106(en Boaan Assistant Secretary for Diplomatic Securtty is identical to the Senate amendment. In The House bill (section 303(c)) provides shall be responsible for those functions as. adopting the conference subsutute. the 'd"'""auve procedme for me handung sagned to him by the Secretary of State. committee of conference understands that of records of the Board. ~_ ..'
De conference substitute (section 105) 250.000 square feet will meet the needs of The Senate amendment is identical to the enumerates the funcuens which the com. the Department of State. House but. .
mittee of conferer.ce believes that the Seo- PaorscTrow oe Poaston Consutarsa ** "
retary of State should assign to ther Assist
- The Heuse bill (section 10'f) mandates is ess seu"an' the bl ant Secretary for Dipin=a Security. periodic reviews of the accreditation of for- the Senate amendment.
De committee of conference. In consoil- eign consulates in the United States. Six By adopung the conference subautute for dating all security functions under the months after enactment of this act, the Sec- secuon 304(c). It was necessary to make a Bureau of Diplomauc Security, expects the retary will report to the Congress on the ao. technimi conforming change which pro-Assistant Secretary for Diplomaue SecuritF creditauon review process and any plan to vndes that any copies of records dealing with ed a ib es in the as rtin art e visi " ,8 diplomauc security. The conierence substitute (section 101) di. under the Freedom of Information Act.
The committee of conference fully ex. rects the Chief of Protocol to consult with Prwornes ano Recontartwp4Trons oF TNs pects that professions. security personnel the Assistant Secretary of State for Diplo. AccomrrastuTT RavTsw Boaan should be appointed to senior level positions matic Security prior to maung any determi.
in the Antiterrorism Training Assistance nation with respect to the accreditation of The House b111 (section 304) directs that (ATA) Program Office. It is the intent of all foreign consular personnet in the United an Accountability heview Board, when con-the committee of conference that the ab- States. vened, shall examine the facts and circum-sence of such professionals could adversely stances surrounding the case under review.
TITLE 11-DIPLOMATIC SECURITY The purpose of the investigation shall be to affect the overall effectiveness of the pro
- SERVICE gram. DrascTom oF TNE DirLoatArtc SrcURITY determine the nature of the incident for J.-
In addition. It is the Intent of the commit- gg,,ge, which it was convened, the adequacy of the tee of conference that in providing addition- existing post security program and reir.ted al t,uthority for the ATA program, the oper. The House bill (section 202) directs that systems, and the impact of available intelli-ational component of the program rest the Diplomatic Securtty Service shall be gence information.
within the Bureau of Diplomatic Security headed by a Director, acting under the su- Upon completion of the investige, tion, the under the Assistant Secretary for Diplomat. pervision and direction of the Assistant Sec. Ilouse bill directs the board to submit two retary for Diplomatic Security, who shall be sets of findings and recommendations. The ic tee Security. It is the that of conference concern the of theprogram ATA commit, designated by the Secretary of State. He first set shall relate to the success or failure should be fully integrated within the oper. shall be a career member of the Senior For- of the existing diplomatic securtty program r.tlons of the new Bureau in order for the eign Serytce or the Senior Executive Serv- in place at the post at the time of the inct-program to be effectively utilised. Purther. ice. with demonstrated ability in the area of dent, and shall also include recommends-th2 comtnittee of conference strongly resf. security, law enforcement, management. or tions to improve the security and efficiency firms that all aspects rf the ATA program public administration as well as expenence of program revWred by the Board. Sec-shall be enordinated through the Regional in management of overseas missions. ondly whenever the Board finds reasonable Secunty Officer of the post in question. am nd e ro s that grounds to believe that an individual has CoorrRArton or OTur.a FrnrmAI, AcENetts e[nat , , eas breached his duty, it shall transmit to the by a Director, acting under the supervision emptoring anney mat Mr. Whu The House bill (section 106) imposes an and direction of the Assistant Secretary for with such evidence and a recommendation obligation on other federal agencies to coop- Diplomatic Security, who shall be designat- for appropriate disciplinary action.
erste to the maximum extent possible with ed by the Secretary of State from among in-th2 Department of State to facilitate the dividuals with demonstrated ab111ty in the W The Senate amendment directs the Board rnake sten Undngs dm6s fulfillment of its security responsibilities. area of securtty. law enforcement manage- whether there are reasonable grounds to be-This provision also provides that for these ment, or public administration. lleve that the injury. loss of life, or destruc-purposes such agencies through agreement The conference substitute (section 202) tion of property was security related; and, may render assistaace, with or without re- provides that the Diplomatic Secunty Serv- whether there is reasonable cause to believe imbursement. to the Department of State. ice shall be headed by a Director, acting that a breach of duty by an individual con-Furthermore. It expressly provides that under the supervision and direction of the tributed to the injury. loss of life or destruc-such agencies may provide tortstic support. Assistant Secretary for Diplomatic Security. tion of property. The Senate amendment perform security inspectsna and other over- who shall be designated by the Secretary of also establishes a procedure for disciplinary seas secunty functions ss authorized by the State and who should be a career member proceedings. Including the obligation to Secretary of State. Assistance of this nature of the Senior Foreign Service or the Senior nottfy the individual who is at fault in any would be appropriate in cirettmstances, for Executive Service, with demonstrated abili- secunty lapse and that individual's employ.
example. Involving the facilities of other ty in the areas of securtty, law enforcement, N. Finally, the Senate amendment directs aginetes. In such esses, the legislation au- management, and public admmistration as the Board to make recommendations for se-thorizes the Secretary of State to delegate well as expertence in management and open- curity improvernents appropriate to any operational control, subject, however, to the sticca overseas. The change recognizes that program it revkws.
Secretary's overall responsibility. Finally. there may be quallfled individuals outside The conference substitute (section 304) is th? House bill makes clear that nothing in the Senior Foreign Service and/or the essentially the same as the House bill, but Titles 1 through IV of this act shall be con- Senior Executive Service. d" * * * #** " * *
- strued to limit or impair the authority of TITLEIII-PERPORMANCE AND " "# ' I'"* "" **" '"' "
any federal. state or local authonty with re- ACCOUNTABIIITY an indirtdual breached his/her duty be spect to law enforcement or domestic securt, FActursts. Smters. Setta, AND STAFP Or transmitted to the head of the employing ty operations. Tuz AccoONTAsIUTY Rrview BoAaB agency along with such findings and recom-The Senate amendment is identical to the The House bill (section 302(bn directs mendations. In addition. the conference House bill except that. In addition it directs that at the request of a Board. employees of substitute directs that. in the event a board ths President to prescribe such regulations the U.S. Government may be temporarily makes a finding of reasonable cause to be-as to assure that nothing in Titles 1 through ass gned to assist the Board. In addition. the lieve that an individual breached his/her IV of this act shall be construed to litait or Inspector General of the Department of duty, that individual shall be nottited.
impair the authonty of any federal, state or State and the Foreign Service may provide TITLEIV-DIPLOMATIC SECURITY local authonty with respect to law enforce.
ment or domestte secunty operations. assistance m the Board. PROGRAM The Senate amendment is identical to the The conference substitute (section 106) is g' identical to the House bill. Th conference substitute is essentially The House bill (section 401) authortzes to CtaTass LEAss AmaANGEMENTs the same as the House bill and the Senate be appropriated sums not to exceed the Ad-The House bill (section 106(en approves a amendment. ministratton's request for fiscal years 1986 lease by the General Servlees Administra. By adopting the conference substitute in through 1990 totaling 31.630.867.000 for Sal-tion (OSA) of up to 250.000 square feet sub- section 413. It was necessary to make a tech- artes and Expensee. 52.653.940.000 for Ac-jeet to apprognation. nical conforming change which deletes the quisition, Operation and Mainterinnee of
August 13,1988 CONGRESSIONAL RECORD - HOUSE H 5961 Buildings Abroad. 484.000.000 for Antiter- tion Agency (USIA), the Agency for Inter- the Committee osa Foreign Affairs of the rorism Research and Development. and national Development (AID), the Foreign House and the Committee on Foreign Rela-821.680.000 for the Antiterrortsm Training Commercial Servlee, the Foreign Agricultur- tions of the Senate with all appropriations Assistance progrr.m. al Service and other executive branch agen- requests authortzed under titles I-IV. The The Senate amendment authorizes to be cies on the capital construction program. In Secretary must also provide the authorizing appropriated for flacal years 1986-1987, a massive and expensive program, such as committees with detailed justifications for
$2g3.104.000 for Salaries and Expenses, this. input from all agencies is essential to a every program, project, and item listed in S857.806.000 for Acquisition. Operation and well coordinated, cost-effective effort. The the appropriations request.
Maintenance of Buildings Abroad, unique requirements of agencies must be in. The Senate amendment contains no com-82.000.000 for Antiterrorism Research and cluded from the preplanning inception to parable provision.
Development, and 44,840.000 for the Anti. the completion of each overseas protect. The conference substitute (section 401tb))
terrortsra Training Assistance program.
The conference substitute (section .401) that The AID committee has usedoflease conference understands purchase proce. is identical to the House bill.
authorizes the following sums for Diplomas. dures to establish missions overseas. AID is PamarTIon om bawaTIons or ic Security: currently a party to three active lesse pur. AUTuon12ATIoNs For fiscal years 1988 and 1987: chase agreements, two in Zaire and one in The House bill (section 401(d)) prohibits
$308.104.000 for Salaries and Expenses. I. iberia. Furthermore, the committee of con. funds authortzed by this Title from being
$857.806.000 for Acquisition. Construction ference understands that AID intends to use reprogrammed or otherwise reallocated by and maintenance of Buildings Abroad, these procedures during fiscal year 1987 to the Department of State for any other pur-84.840.000 for Antiterrorism Training As. begin work on new facilities in Panama City pose, except by amendment to this act or by sistance. and and Nairobi until funds authorized under subsequent legirlation.
$15.000.000 for Antiterrorism Research this act for these two projects are made The Senate amendment contains no com-and Development; and available to AID by the Department of parable provision.
For each fiscal year 1988.1989. and 1990, State. The committee of conference expects The conference substitute (section 410(d))
8417.962.000 for Acquisition. Construction the Department to make every effort neces. is identleal to the House bill.
and Maintenance of Buildings Abroad. sary to be responsive to AID's needs. The The following table shows how the com. use of lease-purchase procedures shall not A41oCATIoM or Ptnvos rom CERTAIN SECUsITT mittee of conference expects the funds au. be construed to exempt in any way the fa. PaocRAus .-
thorized to be appropriated for the Depart. cilities of AID from meeting the standards The Senate amendment (section 401(e))
ment Salaries and Expenses account to be and requirements established by the Bureau earmarks $34.537.000 of those amounts au-used- for Diplomatic Security of the Department thorized under this act to be appropriated Dtpfomatic Securtty Program s'alaries and of State. for Salaries and Expenses to be available for ezpenses. fiscal years f 986 and f 337 on o FURNtTUaE. FeaNIsuzNoe. AND EQUIPMENT [p (In toousands of douars! The conference substitute (section 401(h))
Perimeter Security 878.900 adds a new provision regarding the use of tems security, and for the hiring of Ameri.
Residential Secunty 89.000 used furniture and equipment in new facill- high can risk computer managers and rperators at locations.
Countermeasures and Counter t whe ph g e the l'ttee of confer. The House bill contains no comparable i g Professionalism _ t '
Overseas Guard Program QC',gt t pi t ild gram au nference substitute (section 401(g))
10.400 State /Other Agency Support- 12.t04 thorized by Section 401(a) must be kept to is identical to the Senate amendment.
eplacem nt of Foreign Service an absolute minimum. This provision re. The committee of conference intends that quires the Department of State to utilize ex. the funds earmarked for technical secunty Pr f Po isting furniture and office equipment in new improvements be managed and controlled Co nications 3 diplomatic factllties abroad to the exteng by the Department of State. The committee Information Systems Secunty ~ 29.700 such furniture and equipment can be phys. of conference emphasizes however, that the ically moved from the existing facility and area of technical security is one which the Total. fiscal years 1986-87 308.104 can be physically utilized in the new facili- Congress judges to be the most serious secu-The committee of conference notes that, ty. The committee of conference recognizes nty threat to U.S. diplomatic facilities over.
In addition to the funds authorized for Sala- that certain items such as wall to. wall rugs seas after the physical secunty threat.
" and window dressings cannot be practically Moreover, the technical secunty threat to pa e i te as avfil u used in building for which they were not de. U.S. Installations is very complex and con-authority exceeding $137 million in fiscal s gned, and it is not the intention of the stantly changing.
year 1987. It la the intention of the commit
- committee of conference that such items Accordingly, the committee of conference tee of conference that this unused authority itecessanly be reused if they are unsultable directs that although technical security im-for the new facility. Nevertheless, the com- provement funds be centrally managed and d n fn that ma n Y ii mittee of conference intentionally estab- controlled by the Department, they be ex-fiscal year 1987 for the continuation of dip
- lished a strong presumption in law that all pended only after close cooperation and tomatic security programs authorized under existing furniture, furnishings and office consultation between all elements of the equipment which have any continued use- U.S. Government with technical secunty ex-this sectiott fulness be reused in the new diplomatic fa- pertise.
In he a m ntion uthoriti s, agree g o iga i "
that the challenge of international terror- De Cottid r du g th Ism is not a temporary phenomena. The design of such new facilities. The House bill (section 402(an directs.
To further control the tendency of posts except in circumstances specifically stated United States must be committed to com- to seelt the purchase of new furniture and in this section, that only American contac-batmg terrortsm for the foreseeable future. office equipment for new diplomatic facili. tors may bid as prime contractors on capital Consequently, the committee of conference ties this provision mandates that proceeds projects for new construction, alteration or agreed to provide authority to the Depart- from any sale of such items be deposited in repair authorized by this title exceeding the ment of State for capital projects for each the Foreign Service Butidmg Fund rather contract value of 35 million. The House bill fiscal year through 1990. With respect to than remaining in the operstmg budgets of directs t* tat exceptions may be made to the authontles requested by the Administration foreign posts. prohibition on awarding bids to non-U.S.
for fiscal years 1986 through 1990 for Sala. Finally, this provision rectures that plans contractors when only one U.S. contractor ries and Expenses, the committee of confer. for the purchase of furniture. furnishings responds to the request for a bid or when a ence, while committed to ensuring that the and equipment for each new facility author. project is in a country whose laws prohibit Department of State will have the necessary Ized by this act shall be treated under repro. the use of U.S. contractors on U.S. diplo.
tools to enhance its ability to anticipate and gramming procedures and be submitted to matic construction profects. The House bill deter acts of terrortsm directed at Amert- the Ilouse Foreign Affairs Committee and contains a definition of the term "U.S.
cans abroad during the commg years. feels the Senate Foreign Relations Committee. person" which includes the requirements that the requests relating to those fiscal Accompanying any such reprogramming re. that such a person be incorporated in the years for which regular authortzation legis- quest should be a detailed desertption and Umted States for more than five years lation has yet to be considered should be justification for any extsting furniture and before the issuance date of the inyttation submitted and reviewed as a part of the reg- office equipment not planned for reuse in for bids.
ular budget of the Department of State. the new facility.
The committee of conference is vitally NortrtCATIoM To At rwontztNo COMMirrrgs House The Senate amendment is similar to the concerned that the Office of Foreign Build- language but directs that only Amer-Ings coordinate closely with and ensure par. or RzeersTs rom AePMoPRIATioMS lean contractors can bid CD construction and 11ctpation from the United States Informa- The House bail (section 401(bu directs design projects exceeding 3500.000. U.S. per-l that the Secretary of State must provide sons are defined as in the House bt!! except
H 5962 CONGRESSIONAL RECORD-HOUSE August 13,1986 that such a person la required to have been the Senate amendment to strengthen the their building codes, so plans for our struc-legally organized in the United States for procedures by which the Department of tural. electrical, and mechanical systems more than two years only before the date of State handles its designs and blueprinta, f.m must be submitted for review. In view of issuana of the invitation to bid on such adopting the conference substitute, the these requirements, permission to build is prolects. committee of conference takes note of the contingent upon review of the documents by The conference substitAtte (section 402(an following correspondence between Assistant the host governments; !! we refused to re- ,
established a two-tiered approach. It main- Secretary For and Senator Zorinsky, the lease the doctanents, we would not be per.
tians the language of the House bul which author of the Senate amendment, and en- mitted to build.
directs that, where adequate competation courages the Department to adopt tough Deeptte the requirement to provide docu-Ex17ts, only American contractors may bid reguir.tlons on this issue- ments to foreign authorttles the Office of on any diplomatic construction or design U.S. DEPARTsfENT oF STATr. Foreign Bundings and the Bureau of Diplo-project of which the contract value exceeds
$5,000.000. The conference substitute also WasMagfon. DC. July 2f.1988. matic Security have set up security require-Hon. Enwran ZomzNsur. ments and ymh. to assure that, from directs that for any sophisticated physical and technical security projects only Ameri-United States Sensfe. design through occupancy, our buildings are can contractors shall serve as prure contrac- DEAa SENAToa Zoa!NsEY* Section 402(fX2) secure. These procedures recognise that of the Senate verston of the Diplomatic Se- design and use data can be obtained from tors on the installat. ion or maintenance of curity Authortzation Bill (ILR. 415D would many sources, even apart from designs and such systems alt. hough it is recognized that non technicallabor associated with some as- prohibit contractors and subcontractors blueprtnta, and therefore rely on design fen-pects of such projects may be best suited to who lack appropriate " security clearance
- tures, access controls, and other measures in local labor and therefore may be subcon- from obtaining access to construction docu- addition to restrtetton of awess to construe-ments. As currently drafted, this section w1Il tion. data. In order to provide for security of ra cab e no I al u ntrac rs or I t or-lead to serious operational difficulties and the facility and personnel ers shall be granted access to specific tech- could prevent us from implementlng the The appropriate security procedures for a nology. blueprints, diagrams, or technical construction program. We feel strongly that given site will vary, depending on local use charactenstics of equipment associated with '. hanging the words ,securtty clearance" to and security factors, Fach construction such projects. Examples are access gates, security procedures will permit us to bal- projectis therefore carefully evaluated as to d rm systems. intrusion detection systems, ance our operational requirements with the the scope and nature of security required. ,,
shielded panets. blast resistant panels and need for security in handling documents depending upon the level and nature of risk blast resistant glass. and blueprints. factors in the location.
Aura CAN SMALt. BUSINESS CONTRACTORS m t and, a few of t e s urity a The Senate amendment (section 402(en for the implementation of our overseas con- other u n sy o paa n Is d corresponding measures. Design, in-directs the Department of State to set aside, struction program, we agree that stringent stallation and construction of classified se-in addition to funds set aside for Amertean security procedures are necessary We have curity and communications systems, and minority contractors. 10 percent of the been strengthening this process and. In other data and areas deemed ofe equivalent funds available for construction projects for keeping with the intent of this legislation. sensitivity, are handled only by cleared the purposes of awarding contracts to Amer- will continue to do so. Our present and Americans. and the relevant documents lean small business contractors to the planned security procedures will assure con
- would be classified. Documents and work extent practicable.
trol of design and construction drawings which are not sensitive are protected by E The House bill contains no comparable without the nececsity of classifying them as other procedures, such as: supervtston of provision-national security Information or requiring construction, securtng the construction site The conference substitute tsection 402(eH cleared Americans to perform all the work. with appropriate access controls, securing directs the Department of State to set aside The Department of State and other feder* the butiding shell with guards after normal 10 percent of the funds available for con
- al agencies use the term "secunty clear- duty hours, and using construction survett-struction projects for the purposes of ance" to refer to authorization to receive lance personnel. Firms which bid on con-asarding contracts to American small busi- national secunty information which has *truction projects undergo a two-fold ness contractors to the extent practicable- been classified " Confidential", " Secret" or .creening process; first, the Office of For-Because of the size and nature of capital aTc,p Secret." With few exceptions only eign Butidings prequallfles the bidders; then construction projects associated with this United States citizens may obtain secunty the Bureau of Diplomatic Security conducts act. It is unlikely that small business con- clearances. For U.S. citizens, the sccunty a secunty check on the vanous firms. Sub-trsetors will have the qualifications to bid clearance process requires a thorough check contractors would also be subject to a secu-on such profects. Accordingly, it is the of background information, and a substan- rtty check as appropriate in view of such intent of this act that prime contractors on tial expenditure of time and money. Securi- factors as country conditions, nationality such project seet subcontracts from appro* ty clearances are granted only to persons feasibility and sensitivity of the work to be priately qualified small business contractors who have an immediate need to gain access erformed.
to the maximum extent possible. In addi- to classified national security information.
tion, for those projects associated with this After construction, access to design data Therefore, if this section were passed as act which are not capital constrtiction worded. we would have to treat each con- as well as opportunity to make use of such projects. but shich instead are of a folios- data is further restricted. Access to and struction project as a-holly classified, and on nature. such as but not limited to physi- we would be required to use only cleared within the building itself is restricted; pe-cal and technical security impros ements. U.S. contractors. subcontractors and person- rimeter secunty controls restrict access to the Department of State is directed that no nel for all aspects of the construction pro- the extertor of the building; pubile access less than 10 percent of such projects shall gram. This restriction would have disastrous controls restrict enn tight control is main-be allocated to the extent practicable to effects on the total costs of an already ex. tained over access to particularly sensitive Amencan smail business contractors. pensne program. In some countnes, it systems; and access within the building is Sect *RITY REeviasurNTs rom CONTRACTORS would be impossible to substitute U.S. firms compartmentalized.
The Senate amendment tsection 40hin fer local subcontractors especially for inct. Because of the design concept, access to requires the Department of State to tighten dental services. the buildings could not be gained easily up its procedures for handhng the designs It !s not possible. moreover, to restrtet the even by someone in possession of butiding and blueprints of its foreign buildings. It cissemination of design documents and plans. Current procedures require a number mandates that the distnbution of designs blueprints to United States citizens sho of concentnc rings of defense starting at the and blueprints of foreign building projects have security clearances. We must distnb. outer panmeter, then the building extertor be restncted to cleared contractors and sub. ute desiicn and construction documents to and, finally, the compartmentalization of contractors. fore:gn authorities to obtain bualdmg per, the intenor. Other security procedures.
The !!ouse bill contains no comparable mits. These requirements are samtlar to such as escorting visitors and screening all g rovtston. those which the District of Columbia and personnel who enter the building, further The conference substttute uccrion 4031 other U.S. junsdictions impose upon the enhance these physical and des:gn secunty prohibits the dtstnbution cf any design or construction of foreign missions in the measures.
blueprint relating to foreign t:tulding United States. For each prcject we under. Many of the procedures have been in projects unless approprtate secunty proce- take, we must meet zontng ordinances of the place for some time; others ref'ect our re-dures have been followed. In agreeing to host nation, ensuring that the footprint or sponse to recent reviews of our securtty pos-this substitute. the committee of conference coverage of the lot is in keeping with the ture vis.a.vts new construction. Our own recognizes that a provtsion requiring a secu. surrounding neighborhood, that the floor review process is continuing, and updated nty clearance for all contractors and sub- area ratio of butiding to lot is acceptable. procedures recogntzing both general threat contractors may cause a sescre administra. and that all height or setback requirements levels and ares, specific threat assessments tise problem. !!oweser, the committee of are met. In addition to zomng requirements, will be incorporated into the Department's conference strongly supports the intent of foreten nations require that we comply with construction program.
August 12,1988 CONGRESSIONAL RECORD-HOUSE H 5963 We believe these security procedures obv6 Develop regttfatory procedures to insure burse the Department of Treasury for the ate the need to classify all construction doe. proper storage and handling of construction actual costs incurred by the Secret Service aments, and we request the substitution of documents. in providing protection for spouses of heads security procedures" for " security clear. Establish criteria for cleared American of State. This responsibility, previously car.
ance." The use of the alternative term will construction survetilance personnet. ried out by the Department of State's Otfice permit the Department to promulgate pro. Establish the criterta and scope of work of Securfty, was transferred to the Depart- .c cedures ments and which will restrictas infortnation access to docto necessary forfor the assignment of a securtty site supervi- ment of Treasury on May 1.1986 by Nation-sor, al Security Directive 207.
maxunum security in our overseas facilities, Insure access control to the site by cord while schieving a balance with the need to struction site securtty standards. The House bill contains no comparable provision.
release documents for operational demands, Establish the crtteria for use of cleared De conference substitute (section 41D We will disseminate information only as Amertcan guards la the tuandknas under con. f!mits this reimbursement requirement to necessary to comply with foreign laws and struction af ter normal worting hours-only insofar as economies can be achieved NoTu This is a last of prtnop6m to be est- fiscal years 1986 and 1987.
through the une of local materials and labor bodied in the proposed regurahns. The InsercTom OzzzmaL con Tna UNITun STATzs without loss of securtty. Ifnal reguladons will codify these points for IJeroaMATroer Ar.sMcv With best wishes' inclusion in the Foreign Affairs MannsL The Senate amendment (section 715) es.
Sincerely. tabitshes an Iridependent Inspector General StrarTT bonds AJrD Gem 1 Eswano Fox- The Senate amendment (section 403@) for the United States Informa11on Agency Assistant Secretary Leatstattre and Interporervamenta.f Mfairs. directs the Director of the Office of Foreign (USIA) and earmarks SS million of the Buildings to require each peson awarded a funds authoriard for the USIA for the oper-U.S. DerraTMENT or STATg. Contract for work under this act to post a ation of the office of the Inspector General.
Washington, DC Augni 4.1986. surety bond or guarantee to assure the per- The House bill contains no comparable IIun. EDWAaD ZostESKY. provtsson.
formance under such contract.
Un led States senate. The House tall contains no comparable The conference substitute (section 412) is DEAa SrNATOa ZoRINsKT: In amplillcation provistorL essentially the same as the Senate amend-of my letter of July 24. I am pleased to pro- The conference substitute (section 406(b>> Inent except that the earmarking of funds m side additional information on our plans for is identical to the Senate amendment. for the Inspector General for fiscal year carrying out the mtent of your amendment 1987 is 83 million. In addition. the substitute Drsoo4LIrrCATioN or CONTRACTORS provides authortty to pay the Inspector rsion of t po c it B1 ne Senate amendment (setton Men Gennal at heuttWvel M (II.it. 4151). I want to reiterate our concur. &wts that no pen n doW business with rence in what you are trying to accomplish L a be eligtble for a contract under Instrcrom GENERAL roa THE DEFAaTMINT OP STATE and to reaffirm that we share your con. t cerns. The ilouse bill contains no comparable The Senate smendment (section 716) ear.
Attached is a listing of Principles wttich P marks 82 million for FY 1984 and $12 mil-will form the basis for drafting of the regu- ference substitute (section 406(c)) hon for FY 1961 of the funds authonzed for lations which we would issue within 90 days is identical to the Senate amendment
- the Department of State for the establish-of the effective date of the Diplomatic Secu. ADvisony PantL on Ovrasr.As SrcraITY ment of an Independent inspector General for the Department of State. In addition,it p.,
nty Authorization Act. As you wtf1 note The House bill (section 406) directs the abolishes the Office of Program Inspector from the Ifst of subjects covered, these will Secretary of State to submit a report to General and prohibits the appointment of be extensive regulations. We hate obtained, Congress within 90 days after the enact-the services of an exceptionally well quali. ment of this act on the implementation of any member of the Foreign Service to the post of Inspector General for the Depart-fied expert who has already begun this the 91 recornmendations of the Inman ment of State.
project and will be devotmg his entire tune Panel on Overseas Secunty. If any of the The House bill contains no comparable to thison pteted effort in order that it can be com. recommendations have been rejected. the provision, schedule. Secretary shall provide justifications for We will, of course, keep you and your staff such rejection- The conference substitute (section 413) di.
informed on the progress we are msking The Senate amendment contains no com* rects the Department of State to establish and will be ready to discuss any concerns or parable provision. an office of Inspector General not later issues you wish to raise at any time. The conference substitute (section 407) is than October 1.1936 and to report to the With best wishes. identical to the House bill.
Committee on Foreign Relations and the S;ncerely. Comnuttee on Foreign Affairs on estaotish-J. EDWARD Fox. TRAtxtMc To Imenova PraturTrn SrcratTY ment of the office by January 31.1987. The
.tssasta'tt Secretary. Legislatire 4T UstTED Starts DIPLOMATIC Missions substitute further provides that the Inspec.
AsRoAo for General is authonzed to perform all of aitd I'rtergorer* me-stalNfatra.
Attachment:
As stated. The House bill (section 407) exprasses the the duties and responsabilities stated m sec-eRoPo$rD PROCEDURAL sect RITY FRINcIPLES sense of Congress that the President should tion 209 of the Foreign Service Act of 1980, use his authorttles under Chapter 8 of Title includmg section 209(g) and section 3 of the Architec's and subcontractor engmeermg II of the Foreign Assu>tance Act relating to Inspector General Act of 1978. The substi-firms to base DISCO facthty clearances antiterrorism training assistance to improve tute earmarts $6.5 million of funds made with appropriate personnel to have personal the sectarity provided along the penmeter og available for FY 1987 for salaries and ex-clearances.
U.S. missions abroad. In addition, the House penses of the Department of State only for Prrme construction contractors to have bill requires the President to submit an the establishment and maintenance of the DISCO facility clearances with appropriate annual report on progress and problems as. Office of Inspector General. In addition the personnel to have personal clearances, sociated with improvmg perimeter security substitute: provides that no career member Subcontrrters instalhng classified mate- of U.S. missions abroad. of the Foreign Service may be appointed In-rial and systems to hate DISCO facility The Senate amendment is identical to the spector General; and provides authority for c!carances hat e personal with appropriate personnel to House bill except that it does not mandate the Inspecter General to be paid at Execu-clearances. an annual rrport. Live Level IV.
Subcontractors installing unciamfied yet The conference substitute (section 403) is sensitive electrome systerns within the re- identical to the House bill. The ecnference substitute also dir* cts the stricted area to hate DISCO facility clear. Secretary of State to establish an Office of snees wtth appropriate personnel to have PRorrc-tos or ENTRAxcrs or U.S. Pe!!cy and Program Review to review activi-personal c!carances, D[FLoMATIC MISsIOMs ABRoAo # # "I "U Reuse existmg classification guidelines : cPiefs of mission to ascertain their co tso.
nance n p@cy W tw proude a finite means of idertifymg those S retary i Sta e to tall et d tectors consistency with the responsibthties of the portions of architectural drawmgs which * ,'#" #'
should be protected. 3e n Un o o 'com- she#*substitute further provides that the on.
Insure control of classified drawings m ae- p]ble pro cordance with existing requirements. office snall be headed by a Director of Conduct name checks of foretgn sttbcon- rects the Secretary of State to instaa rnetal Policy and Program Review who shall fune-tractors by Regiona1 Security Officer. detectors or ther screesung devices at all tion under the gercral supervtston of the Identify the degree of protection required public entrances of ES. missions abroad. Secretary of State and who shall be selected on a non partisan basis from among persons for the various elements of the construct:on RetusunsrurxT or Txz DerAaturxT oc exceptionally qualified for the pos:tton by documents. TREASURY Release unclassified draainas only on a virtue of theirintegrity and their knowledge controlled. need-tornow bs.us. The Senate amendment isection 408) re- and expertence in the conduct of foreign af-quares the Department of State to retm- fairs: places a cet!ms of $4 million far FY
u s H 5964 CONGRESSIONAL RECORD - HOUSE August 1R 1986 1987 on funds available to the Office of Amount or RxWARDs Fon IMronMAftoN ting information rewards for acts committed Policy and Program Restew: makes explicit AsouT Most WANTED INTEmMAT!oNAL Trn- "primarily ot.tside the territorial jurisdic-the authority of the Inspector General to montsTs tion of the United States"is a recognition of inspect the Office of Policy and Program The House bill (section 502) amends sec. the fact that narcoterrorist acts committed Review; and amends the Foreign Relations tion 36(b) of the State Department Basic overseas may be planned in part in the Authorization Act. FY 1986 and FY 1987 to Authorttles Act by authorizing up to $1 mil. United States. In addition. the committee of t,t,olish the Inspector Geners! of the De- tion to be paid with respect to each individ. conference agrees that the funds provided ptrtment of State and the Foreign Service ual on the most wanted international terror. may be available for reasonabse expenses in-han of ficer distinct from the Inspector Gen- 1st list established pursuant to section 501 of curred in publicizing reward offers.
eral referred to in this act) and to abolish this bill and each individual sought for an Finally. It is the intent of the committee ths Office of Program Inspector General. act of international terrorism resulting in of conference that the first rewards offered
'Dals provision was incorporated due to the death or detention for more than 60 pursuant to this section be offered for infor-the failure of the Department of State to days of a citizen or national of the U.S. mation on the brutal murder in Mexico last fully organize the Office of Inspector Gen. The Senate amendment contains no com. year of DEA agent Enrique Camarena and eral as called for in the Foreign Relations parable provision. DEA contrset pilot Alfredo Zavala Avelar.
Authorization Act. Fiscal Years 1986 and The conference substitute deletes this and that the rewards offered be the maxi.
11#S7. It is the concern of the committee of provtsion. mum permitted. In the amount of $500.000.
conference that the Department of State is RrwAmDs ron IMronMATIoM RELATING To CooRDIN ATION or TEmRoR!sM-Ret.ATED being appropriated substantial sums for building and security programs and that no fMTraNATIoNAL NAncorramontsM AND DaUo ASSISTANCE TaArFtcit!No full justification for continued funding can The House bill (section 504) amends sec-be made without the presence of an aggres- The House bill (section 503) amends Sec- tion 502 of the International Security and sivt. competent inspector General to in- tion 36(a) of the State Department Basic Development Cooperation Act of 1985 by spect the terms and conditions under which Authorities Act to permit the Secretary of changing the term " anti-terrorism" to **ter-these sums are being obligated. State to offer information rewards on major rorism-related** assistance in order to more narcotics traffickers and on narcoterrortst fully encompass the various terrorism.relat-Paonrn: Tron oN Tut Use or FUNDS rom FA- acts. Such rewards could be offered to any ed assistance programs which are provided ctL Tits IN ! smart. JRRusAttw. on Tus individual who furnishes information lead- to foreign governments by the U.S. govern-WrsT BANK ing to (D the arrest or conviction in any ment. .
The Senate amendment (section 717) pro- country of any individual for committing (or The Senate amendment contains no com-htbits the use of any funds authorized conspiring to commit) primartly outside the parable provision.
under this act to be used for site acquisition. United States a major violation of U.S. drug The conference substitute (section 503) is detelopment or construction of any facility laws, or (2) the arrest or conviction of any similar to the House bill but clarifies the in Israel, Jerusalem or the West Bank. This individual for the kt!!ing or kidnapping out- language regarding intelligence activities provision does allow for $83.423 million for side the United States of any officer. em- with respect to Executive Order 1:333.
site acquisition, development or construc, ployee. or contract employee of the U.S. The committee of conference found that tien in Israel of a chancery and residence Government while that individual is en- the initial report pursuant to section 502 of withm five males of the Israell Knesset gaged in official duties in connection with the international Security and Develop-building and within the boundaries of Israel the enforcement of U.S. drugs laws or the ment Cooperation Act of 1985 did not meet ._
as they existed before June 1.1967. implementation of U.S. drug control objec* the requirements of that section since the sfiglP Tne House bill contains no compart.ble tives. A reward could also be offered for the report did not provide the full range of in-provision prevention or frustration of the acts de- formation regarding all terrortsm related as.
The conference substitute (section 410 se rtbed above. The IIouse bill s!so requires sistance provided by the U.S. Government don not provide any funds for site acquist- the Secretary of State to adtize and consult to foreten governments, tion, development or coretruction of any fa- with the Attorney General before paftnt It is the intention of the committee of rility in Israel, Jerusa:cm. or the West any such information rewards. earmarks 82 conference that the Secretary of State g- mittion for information rewards on narco- should be informed of, and coordinate, all terrorist and narcotics trafficking acts out U.S. Goternment terrortsm related assist.
TIT!.,E V-STATE DEPARTMENT AU- of the 55 milhon currently available for in- ance programs. Further, the committee of THORITIES TIONAL TERRORISM TO COMBAT INTERNA- formation rewards on terrorist acts, author- conference does not intend to modify or izes $10 million for fiscal year 1987 for use alter the understanding with respect ta the RawAnos rom IN?tR.MT!oN AL TctanontsTs in paying such rewards, of which $5 million authorities of the Director of Central Intel.
The IIouse bill (section 501) dirrets the is cannamed for narcotics-related acts, and ligence or tne existing Congressional over.
Secretary of State to maintain and pubitsh requires the Secretary of State to report to sight procedures regarding intelligence ac-a list of most wanted internationai terror- the Congress within 30 dayL after paying tiut;es and the handling of such intelli-g any rewatcl unoer this section- gence information.
The Senate parable provtston.amendment contains no com- lifu ! xcept hL t te the con a MswRun he Aomoms currence of the Attorney _ <ncral before The Efouse bill tsection 506) directs the The conference substit'tte (n ction 501) such rewards are pald, requires the estab. Secretary of State to promptly report to exprebses the sense of Congress that the lishment of procedures jointly approved by Cor.gress whenever the Department of Secretary of State should more vigorously the Sectetary of State and the Attorney State issues a travel advisory or other public use the monies available under existing re* General to ensure that these information w arning because of a terrortst threat or wards-for-information authority and should rewards do not duplicate or interfere with other security concern.
consider more widely publiciz:ng these re- the current information rewards system of The Senate amendment contains no com-wards as a means to apprehend internation- the Department of Justice, and requires parable provison.
at terrorists- that rewards can only be paid upon the re. . The conference substitute (section 505)
It is the intent of the committee of confer- quest of a chief of mission. amends the flouse bill by stating that the ence that the rewards for inform'stion on The Senate amendment further does not Secretary of State shall " advise promptly
- mrernational terrortsm should Le made limit the psyment of stich rewards to acts rather than " report promptly to'* the Con-better known and more ef fectively utfitzed which are major violations of U.S. drug gress when a travel advisory is issued be-in order to enhance the U.S. Gosenment's lass, but does !tmit the payments to acts cause of a terrorist threat or other security efforts to apprehend and bring to justice committed entirely outside the United concern.
international terrorists. Enacted into law 2 States. Thts provision expresses the view of the Sears ago at the request of the executive The conference substitute 6ection 500) committee of conference that Congress branch. the renards for information fund adopts the Senate language with amend. should be informed promptly shen sucn has yet to be employed despite numerous ments which clarify that rewards are for travel advisortes are issued. The change to terrortats acts against American citizens. Al- acts committed primanly outside the terri. the word "aovtse* reflects the informal thodgh the committee of conferenre did not torial jurisdiction of the United States. nature such communication could take and agree to a provtsion in the flouse hill ahich The ecnference substitute reflects t'te in. the ocstre of the committee of conference to would have ratsed the permtatbie individual tention of the committee of conference that avoid add 4tional executive branch reportmg reward level from $500.000 to $1 mt!!!on, it the rewards offered under this section in no requirements.
is the intent of the committee of conference way dupheate or interfere with the et.trent It is the in'ention of the committee of that the executive branch shoul1 more ef- information rewards system of the Depart- conference ot conduct through their respec-fectively use existing tools, such as the re- ment of Justice. and that the rewards be tive committees, extensive and thorough sards-for.tnformation progrant and other provided only for information on major. not overstght hearings on the pohey which gov-authorttles, as a means to combat interna- minor, narcotics related of fenses overseas. erns the issuance of travel advisortes. Travel tional terrorism. The adoption of the House language permit. adusortes tssued in recent years for Lrnin-
August 12,1988 CONGRESSIONAL RECORD-HOUSE H 5965 grad. Greece, and the Congresalonally man- rectly to military, police and/or intelligence The conference substitute <ssesion 307)is dated travel advisory for Ja!!sco province in aseccus of those countstem identified, pur. similar to the Senate amendment, but re-Mexico are salient examples of the impor- auant to the Export Administration Act, as tains the current prohibitions contained in tance travel advisories can take in UA bilat- governments who support terrortsm (cur. the Arms Export Control Act and the 1%
eral relations. The committee of conference ready. Ubya. Iran. South Yemen. Syria and eign Aa=Maam Act.
recognises the pitfalls of uains a travel advi- Cubak in addition, the Attorney General The Antiterrottsm "ITaining Assistance sory as a political instrument. However, and the Secretary of Treasury are author-travel advisortes or some other mechanisen laed to investigate violations of regulationsfocus program as ortsinally training. enactedtransfers, not equfpment had as its need to be formulate to better Inform the whielt may be issued under this provtsion. Congrens only recently allowed limited travelling American public about overseas The committee of conference wishes to equipment transfers, but only as it was re-security situaticns or international terrorist emphasise the fact that this section la far lated to a training component. It is the ex-incidenta, more limited in its aPf5HMons than the ex-ISsDANc3 or TsAvsL Anytsoaisa ou Accootet ecutive branch's previous proposal and au- plicit intention of the mandttee of confer
- or Tssazontsas Spreostro av IJsYA. laAN thortses the Secretary of State to impose ence that the program's emphasis remain os Orusa Fonssam Govsamuzwra controls on services only !! he determines on training in humane antiterrortsrn teet>
The House bill (section 507) expresses the that. in so doing, he will discourage support niques. This limited expension of the types sense of Congress that the Secretary of for International terrorism. This places a of equipment which may be provided to State should consider the issuance of travel burden on the Secretary of State to demor.- friendly foreign governmepts and the re-advisories warning UA citizens of the dan- strate a link between the type of services placement of $325,000 worktwide ceshng on gers of travelling in any foreign country in covmd by his regulations and the Improved equipment and commodities transferred which UA citizens are attacked by terror- physical or technical capacity cf a hostile under this program reflects the congression-lats supported by Ubya or fran, or by any reign power to carry out or to support acts al support for this program.
other foreign government that uses its offt- f terrorism Further, the committee of conference cial missions to support such an attack. If wishes to express its clear desire that the the government of that country fails to act M bo h eb en o proo p on h "" # " *** 8
- " on training and equipment as they relate to immediately to require the closing of any fe ant p ** " * " "
official missions of Ubya Iran or said for- t na br ush der ' ##
- eign government in that country, section. Although there is no requirement I ^# " " #"* "
- The Senate amendment contains no com- that it be proven that the services were pro- ments of the marttime security provisions in parable provision, vided with the intent to aid or abet a specif- this act.
The conference substitute deletes the pm- le act of international terrorism, any pros. Nowurn4L Atacoat hTT Eptmut
- 0"* ecution under this provision will require Ano ComuoorTIss rom Ecvrt The committee of conference is extremely proof beyond a reasonable doubt that (1) The Senate amendment (section 705) pro-concerned about the continuing and grow- the services were provided without the re- vides that assistance authortzed to carry out ing problem of state-sponsored terrorism. quired license: (2) those services were desig- chapter 4 of part II of the Foreign Assist-Purther, the committee of conference is ex' nated in regulations promulgated by the tremely concerned,about the use of diplo- Secretary of State on a determination. in ance Act for fiscal years 1984 and 1981 matic prtvilege for terrorist purposes such his discretion, that those services provided a which is obligated for Egypt may be fur-as the use of diplomatic pouches and offical direct and identifiable link to actual or po- nished, notwithstanding section 660 of such diplomatic missions. Le. the Ubyan People s tential acts of international terrortsm; and Act for the provision of nonlethal airport .E Dureaus for transfering and storing weap- (3) those services were knowingly provided. security equipment and commodities, azhl ons and explosives, and views such contin' or were attempted to be provided, to the se-commodities, training in the use of such equipunent or ued abuses of the Vienna Convention with curity forces, in name or in fact. of a coun. The House bill contains no comparabie the utmost gravity, try whose government has been identified, provtsion.
In addition, the committee of conference pursuant to the Export Administration Act.
is concerned about the potential misuse of as repeatedly supporting acts of internation* The conference substitute (section 508) is D al terrorism. and with the knowledge that similar to the Senate amendment with a u of e I nti les such as rade
~
uch action would aid or abet intemational ciarification that it is the Department of of countries with engage in state sponsored l'fNM- State which is intended to be the test agency and that the Agency for Interna-terrortsm. especially as those countries are The committee of conference intends that tional ' Development (AID) should coordi-forced to reduce their diplomatic / official this provision be patterned after that of the Export Administration Act and the Arms nate its procurement and related activities with the Department of State.
I th respect. the committee of confer
- fr r of g t'echnolog a d mur i " I* "*# ##" #
cnce takes note of the measures agreed to #U ##
- by the European Economic Community tions to controlled countries. No other re-l t EEC) on Libya and international terrortsm. strtettons on Amertcan citizens are author-strp p rt Funds rt semWfor the provtsion
@mmt and of nonletha!
emnmes Specifically, the EEC agreed to restrictions twd by this section~
on the freedom of movement of diplomatte It is the intent of the committee of confer- is a one time transfer and is not intended to and consular personnel, reductions of the ence that the Attorney General and the set a pmedent m anuntun of coh staff of diplomatic and consular missions. Secretary of Treasury should take the lead ence also intends to uake 2 clear that E in conducting investigations under this pro. should be responsible for the procurement and the imposition of stricter visa require- vision. This provtsion is not intended to un- of such equipment. but that all equipment ments and procedures. Most of the 12 member nations of the EEC have already authority dermine the Secretary of to investigate State's existing violations under the and commodity through transfers be the Department ofadmimstered States Anti-taken steps to reduce the offletal Ubyan Arms Export Control Act. Tnmism TraMng Assistance (AM h presence in their countries. To the extent Finally. it is not the intent of the commit. gram Office. Further none of this equip-that these measures have not been fully and tee of conference to undermine lawfully au- ment may be provided without an adequate completely implemented. travel adytsortes thortzed U.S. Government antiterrortsm ac. and well designed training program to com-may be an appropt ate tool to encourage tivities around the world. piement such transfers.
such compliance with the EEC measures and would serve as a warning to the Amert- MawanrwrxTor ANTITranoursx AssrsTAxcr pmsmgcaw WedW M@d h h eqummmt mds. Mt me connib can public considering travet to those coun. PRocaAus tee of conference strongly believes that a!!
tries which have not decreased the off!ctal S are amedmmt (section 50 0 Libyan presence in their country- ds the Pegn Assistance Act to pro- ATA assistance should be conducted by the AUTnontTT To ConTnoL CraTAIN TsanoR!sM vide that articles on the U.S. Munitions Department of State's ATA program office RELATED SERYlCEs Control List may only be made available n order to Insure that the training and The House bill (section 508) contains a from related certain categoriesasststance; to antiterrortsm tf they are that directiv equipment the in will be the order to provide most effectively highest lerei ofutilized sceu.
provision allowing the Secretary of State to President must notify the Committee on rity possible at that airport.
impose controls on the provtsion of certain Foreign Affairs of the Ifouse and the Com- ExponTs to Coowrazzs SurronTtxo services to countries who are determined to mittee on Foreign Relations of the Senate Tramontsu aid or abet international terrortsm. 15 days before the articles are made avail- The House bill (section 509) amends see.
The Senate provision. amendment contains a sinular able to a foreign country; and that the value tion 6W of the Export Administration Act The cor.rerence substitute (section 5061 of all eqmpment and commodatles provided of 1979, as amended to prohibit the export 1 may not exceed 25% of the funds made of any item on the U.S. Munitions Control l amendsAct thorities theofState 1956Department to authortze Bastc Au- available the Secre- fiscal year.to carry out this chapter for that Ust to any coutstry which the Secretary of tary of State. by regulatton, to impose con. State determmes engages in or provtoes sup-trols on the provtston of certain services di- provtston. The House bill contains no comparable port for international terrortsm. In additaon.
t his section provides for a Presidential
H 5966~ CONGRESSIONAL RECORD - HOUSE August 12,1986 waiwr of the prohibition if the President ensure successful cooperation on the steps their review within 6 months of the date of determines that the proposed export is im- the President is directed to take pursuant to enactment of this act.
portant to the national interests of the UJ5. this section. Nonetheless, the executive The Senate amendment contains no com-and he submits to the Congress a report jus- branch should understand that it is the pur. parable provision, tifying the determination and describing pose of the Congress in enacting this section The conference substitute (section 604) is
' the proposed export. The waiter is applica- to charge the United Statse to take the lead similar to the House bill with an amend- m ble only for 90 calender days unless the in identifying the neessmary steps and fors ment reordertng the listing of the Govern-Consees enacts a law extending such a ing effective ngreements. ment agencies, waiver. The committee of conference does not The committee of conference intends that The House bill also prohibits the exports intend to prescribe a single method or these reports be submittei 4 the Congress of goods or technology to a terrorist country standard of physical protection, and recog- as individual departments.1 reports and not if the Secretary of State determines that nisse that differing combinations of meas- be consolidated. Purther, each department such esports would make a significant con- ures may similarly afford effective means of or eseney in providing its final report to the tribution to that country's antiltary poten- adequately protecting nuclear material from Congress pursuant to this section should tial or would enhance the ability of such terrorist diversion or sabotage. The commit- provide its unique perspective. analysis and country to support international terrorism, tee of conference understands that the recommendations regarding the adequacy of Except pursuant to a vahdated export 11- method of transport chosen the constitu- the actual physical security conditions and cense. In addition. this section provides for tion of the nuclear material. and legal re- requirements. This provision does not re-30 legislauwe days for congressional review quirements. among other variables affect quire onsite visits to 8nspect such matertal.
before any license is issued pursuant to this judgments on the most effective means of section. adequately protecting nuclear material: INTsawATroNAs. Rsvisw or Tus NacLsAs~
The House bill also directs the President those judgments will therefore differ from Tzanonism Paoatsu to take all feasible steps to secure the coop- case to case. The House bill (section 606) directs the gratton of appropriate foreign governments Purther, the committee of conference be- President to seek a comprehensive review of in prohibiting or controlling any exports to lieves that joint efforts under agreements the problem of nuclear terrorism by an terrorist countries of items. goods, and tech- for nuclear cooperation with other nations international confmnce.
nology which is prohibsted or controlled by represent the best means to achieve nonpro- The Senate bill contains no comparable this section. liferadon goals and to continue the use of provision. wwa The Senate amendment contains no com- nuclear energy for peaceful purposes. The contennee substitute faection 605) is par *ble provision. r to the House bill but replaces the The conference substitute (section 509) AUTHos!TY To Scarswa NectzAa CoortaA- dincts* M stWy up .
amends the Arms Export Control Act by Tson wtTN NATIONS WM!cu HAva Nor prohibiting exports of any item on the Mu' RAftetED TMs CowvENTtoN oN THs PirTst. CatumaL HasmT Racome Camcus nitions Control List to any country which CAL PaoTscTrow or NocLaAa MATERIAL The Senate amendment (section 703) con-The House bill (section 602) authorizes tains a provision requiring fingerprinting national t as del to ) the President to suspend nuclear coopers. and criminal history record checks for cer-cf the 5*.AA. The President may waive the tion with any nation or group of nations tain employees of nuclear power planta, prohibition if he certifies to Congress that which has not ratified the Convention on The House bill contains no comparable the export is important to the national in. the Physical Protection of Nuclear Material provision.
terests of the United States. The conference The Senate amendment conta ns no com. The conference substitute (section 606) is Won substitute retair:s the present statutort lan. parable provision. similar to the Senate amendment with some guage of the EAA but changes the Congres- The conference substitute (section 602) is modift:sticns. The substitute, which incor-atonal notification requirement of export 11- identical to the House bilt This provision porates the substance of S. 274, passed by censes approved for countries designated as demonstrates the committee of conference's the Senate on October 3.1985, adds a new supporters of international terrorism in sec- strong support for the Convention. and it is section to the Atomic Energy Act of 1954 tion 6(j) of the act from exports valued at the intention of the committee of confer, which is intended to establish a uniform more than 87 million to more than $1 mil- ence that nuclear cooperation be conducted procedure for criminal history checks, appli-
"* subject to effective physical protection cable to all commercial licensees, regardless standards, of ownership.
- ^ commM d ConMnce agM M CoNsULTAftoM WITH THE DEPARTMENT or DE.
rENss ConctmNtNo CraTAts NCcLEAa EX- the Nuclear Regulatory Commission (NRC)
AcTicNs To CousaT fwTraN AttoNAL NecLEAa will serve as the channeling agency, in order Tramonism PonTs AND SCssEQUENT ARaANCEMENTs e e ball (sntion 603) u p nsses to collect fingerprint cards from licensees The House bill (section 60D directs the and applicants, forward them to the Federal President to seek univerbal adherence to the cegnssi nal Intmt that the perspecuve of Bureau of Investigation for identification Convention on the Physical Protection of he Npanent of mfm on the physical Nuclear Materials, and to conduct a review, protecton of nucim maunal should be and tribute a criminal historytorecord the results check, and the licensees and dis- ap-with the partictpation of all relevant U.S uuy ine rpwated into the intnagmey u* plicants. The NRC will not screen the re-
' Government agencies, as to shether the ecuuve branch nview process of nuc!w sults. It will, however. be responsible for International Atomic Energy Agency no casa and subsequent arraments. checking incoming cards to ensure that they IIAEA) recommendations on protection of e ena ammdment contains no com- are complete and legible, and have been sub-D3 ' D*I8 "-
nuclear materials are adequate to deter
" " ' mitted by a licensee or appilcant antitled to theft, sabotase, and the use of nuc! car fa* " receive criminal history information under cilities and materials in acts of international s at to h o b1 ut f es t * **
terrorism It also directs the President to the Secretary of Defense should rely on all quests from, or return results to, a licensee taka steps to minimize the amount of weap- h"y e it tor ntralI t gence " "# * **
ons-grade nuclear material in international "" "* I " """ "
transit and to insure that when any such The ecmmittee of conference intends tlkat under this provision.
mattrtal is transported internationally it is " he The conference substitute specifies that protected effectively, and to seek agreement u o t e
- the regulations the Commission la to pro-in the U.N. Security Counct! to establish an muka une secuon must Mule effective regime of international sanctions of Energy co rnt g the few o t e against any nation or cut: national group tary of Defense should make his assessment pWons to un mat no N WW shich conducts or sponsors acts of interna. Mgarding a tmMst thnat to the upwt w action may be taken against an employee or tiond terrorism. In addition the President is ransfn of nucim weamgrade mannal job applicant t!on obtained solely underon this the provision basis of informa-involvitig required to report to the Congress annually "[ "M y g", an arrest more than 1 year old for which on the progress made in the preceding year n U gmce nWmadon and the coodnat- there is no information of the disposition or in achieving these objectives, The Senate amendment contains no com- ed threat assessment as provided by the DL-anthat resulted aquittal. in dismissal A licensee of the receiving or applicant charge or parable proviston. rector of CentralIntelligence.
a criminal record showing an arrest not sc-The conference substitute (section 60D is REvtsw or PHYS! CAL Szet:a!TT STANoAmos companied by a disposition may seek to de-similar to the House bill with several modi- The House bill (section 604) requires 5 termine the disposition of the charge, but if fic0tions. The substitute clarifles the steps Government agencies to review the adequa- no disposition Information can be obtained, which the President should take regarding cy of physical protection measures applied the arrest cannot be used as a basis for ad-the transfer of nuclear materials. to shipments and storage (outside the verse action.
The committee of conference recognizes United States) of nuclear material subject The conference substitute also specifies this clobe cooperation and commonality of to U.S. prior consent rights. It also requires that the Commission's regulations must pro-purpose among the Allies is necessary to a report from each astency of Congress on tect indittduals subject to fingerprinting
August 12,1886 CONGRESSIONAL RECORD - HOUSE H 5967 from misuse of criminal history records pro. the North Atlantic Assembly, particularly from several nations. The committee of con.
vided under this provision. Misuse would in. the Political Affairs Committee's Working ference urges the Department to act on its clude, for example, use of the records to die. Group on Terrorism. It is the intention of own should its study determine that the criminate against minorities or to penalim the committee of conference that a pro- place of birth entry is no longer appropri-union members or whistleblowers, or to ac. posed NATO coordinating committee on ste.
comp!!sh any other unlawful purpose. As international terrorism work in close consul-the Senate indicated in its report on S. 274, tation with the North Atlanuc Assembly on Uss or DirLoMAftc Purvrt.scss AND the statutory requirements for the Commis. this issue. This is especially important in InoruNrTIEs roR TERRostsM PtrRrosEs ston's regulations are minimum require. light of the fact that the Assembly has ad. The House bill (section 705) directs the ments and are not meant to limit the discre. matted observers from Japan and Austraus President to Instruct the U.S. Permanent tion of the Commission to implement a to its plenary sessions, thereby providing an Representative to the United Nations to practical program for carrying out the pur. opportunity for broader informal discus, seek the adoption of a resolution in the U.N.
poses of this provision and protecting the sions on international terrorism within the condemning the use of diplomatic privileges due process and privacy interests of prospec. framework of the North Atlantic Assembly, and immunities, especially the use of diplo-tive employees. These informal consultations could, in turn. Instic missions and pouches for terrorist The committee of conference also added contribute to laying the groundwork for an purposes.
langungs authorir.ing the Commission to international antiterrorism committee. The Senate amendment contains no com-collect.and retain fees for its services as The committee of conference also notes parable provision.
channeling agency. The FBI already has es- that the Deputy Secretary of State has tes. The conference substitute (section 704) is tablished and is authorized to collect fees tified favorably before the Committee on similar to the House bill but replaces the for its processing of non<riminal Justice fin. Poreign Affairs of the House on such a pro. word " directs" with "strongly urges".
gerprint checks. It is the intent of the com. posal. The committee of conference there. RErosTs oN PRoCREss IN INcRsAstNo mittee of conference that this language fore strongly urges the Department of State MULTir.ATERAL CoorERATION ensure that the FBI will be able to collect to actively seek the establishment of such a its normal fee for the work it will do in proc. cornmittee. The House bill (section 706) requires the essing record checks under this provision. President to submit a report to Congress on INTERNAT!oNAL ARRANCEMENTs REI.ATING To the steps taken to carry out each of the pro-TITIE VII-MULTILATERAL COOPERA. PAssroRTs AND VtsAs Ceeding sections of this title and the TION TO COMBAT INTERNATIONAL The House bill (section 703) directs the progress being made in achieving the objec-TERRORISM President to seek the negotiation of tnterna- tives of those sections. This report is re.
CoNstDERATIoM or INTERNAT!oMAL TERROR. tional agreements or other appropriate ar- quired no later than 6 months after the date tsM AT THE ToKTo EcoNourc Suwxrt con- rangements to provide for information shar- of enactment of this act.
FERENes ing relating to passports and visas to en- The Senate amendment contains no com-The House bill (section 70t) directs the ance c opraWn in Mating interna- parable provision.
President to seek the inclusion of interna- ti nal terroristn. The conference substitute (section 70$1 is tional terrorism on the agenda of the 1986 The Senate amendment contains no com- similar to the House bill. but changes the Tokyo Economic Sununit and to reaffirm
- and broaden the prinefples of the 1978 Bonn The conte nee substitute (section 102) is Declaration regarding hijacking to include similar to the House bill but replaces the CWNSANN word " directs" with "strongly urges".
TITI.E MWNM& MROMSM all forms of transportation, and to require the extradition or prosecution of those re- PRoTEcTrow or AMERICANS ENDANCERED sY The House bill (title VIID provides bene- _*
sponsible for planning such a hijacking. THE ArrEARANCE or THErR PLACE or BIRTH fits to an indlAdual in the civil service, or a on THEIR PAssroRTs citizen, national, or resident allen of the The Senate amendment contains no com-parable provision. The House bill (section 704) found that in- United States who is rendering personal The conference substitute deletes the pro- cluding an American citizens place of birth service to the United States who is taken vision. on his/her passport may place him/her in captive as a result of the individual's rels-The committee of conference wishes to eE. special danger in the event of a hijacking or tionship with the U.S. Government. This press their satisfaction at the strong state. similar terrorist incident. It directs the title also provides benefits to a captive's ment on international terrorism issued by President to enter into negotiations to family. during and after the period of cap-the Summit partners in Tokyo and con. obtain general agreement to delete the tivity, and provides for compensation in gratulate the executive branch for this no. place of birth as a required item of informa- cases of disability and death, for employees, table diplomatic achievement. It is the firm tion on the passport. dependents of employees and foreign na-hope of the committee of conference thag The Senate amendment contains no com. tional employees.
Benefits for captives and their families in-utt re as a i an m e on an e coni ence substitute (section 703) clude: the establishment of a special savings point of departure in allied cooperation in omits the ter;uirement that the President n he o sion c m an combatting international terrorism. negot e for the deletion of the place of ,g y INTERNAT!oNAL ANTITERRottsM CoMMITrEE Several executive branch agencies have Government or other health insurance, a The House bill (section 702) directs the stated they consider the place of birth item cash payment to captives, certain civil relief President to contmue to seek the establish- important in preventing the entry of unde- provisions of the Soldiers and Sailors Civil ment of an international committee. com- strable aliens into the United States. The Relief Act of 1940 certain educational bene-posed of representatives from the NATO committee of conference is deferring a dect- fits for captives and family members.
countries. Japan and such other countries sion on the issue pending the completion of Section 806 of the ball also ir.cludes mem-that may be invited and chose to partici- a study to be conducted by the General Ac- bers of the uniformed services as benefici-pate, that would focus attention and secure countmg Offlee (OAO). The OAO will be artes unless the Congress provides mone-the cooperation of the governments and asked to determine the utility of the place tary payment in recognition of a member's public of these and other countries on the of birth entry in detecting undesirable captivity as a prisoner of war in legislation problems and responses to international ter- aliens and preventing their entrance into enacted after the enactment of this bill.
rorism.
the United States and in other relevant gov. The Senate amendment contains no cum.
The Senate amendment contains a similar ernmental activities. Once objective infor. parable provision.
provtston.
mation on the utility of the information is The conference substitute is identical to The conference substitute (section 701) obtained, the committee of conference in. the House bill, with the exception of a new merges the language of the two provisions tends that the committees of jurisdiction cash payment for captives. The cash par.
by directing the President to continue to will revisit the issue early in the next Con. ment will be $50 for each day of captivity seek the establishment of an international gress, for individuals held in a captive status coordinating committee. with the first step The committee of conference agrees with during a period beginrung on or after No-being a proposal to the North Atlantic the findings in the House bill and report, vember 4.1979 and ending on or before Jan-Treaty Organization to establish a standing and also note that carrying a passport with uary 21.1981. The substitute provides a base political committee to examine all aspects of certain foreign places of birth constitutes a for all other cash payments for days of cao-International terrortsm, revtew opportun1 special psychological burden even if the tivity after January 21.1981 at not less than ties for cooperation and make recommenda- traveller does not become a direct victim of one-half of the amount of the worldwide av-tions to member nations. After the estab- terrortsm. erage per diem rate in effect for each day lishment of such a committee, the President The committee of conference notes that the captive is held.
, should invite such other countrtes who may the Department of State has been studytng The committee of conference expects that chose to participate. the issue of deleting the place of birth entry in implementing section 5570. specific and I
The committee of conference notes the for some time and have received a positive generous consideration must be given to Mr.
excellent work being done on this subject by response to the idea of dropping the entry William J. Calkins. Mr. Calkins, a communi. .
I l
I
H 5968 CONGRESSIONAL RECORD - HOUSE A!! gust 12,1986 cations officer la the Department of State TuasAT or Tuamoatsas To U.S. Ponts ano ted to the Congress not later than 6 months assigned to the American Embassy in the Vassst.s after the date of enactment of this act.
Sudan. was shot by terrottets in April,1986.
The House bill (sec. 905) directs the Secre- If after the implementation of this plan.
He had just commenced his career in the tary of Transportation to report to Con- the Secretary of Transportation determines communscations field and had less than 1 year's service. As a young man in his 30's, he gress on the threat of acts of terrorism to that a port does not maintain effective secu-U.S. ports and vessels operating from those rity measures, the Secretary of State shall e currently receives only workmen's compen- ports. The first report is due not later than notify the appropriate government authort-sation. The committee of conference com*
mends to the President the compassionate nually December 3t.1986, and is required semian- ties and recommend steps to bring security thereafter.
treatment of James Brady. who saffered a up to standard.
The Senate amendment contains no com- The President is also encouraged to pro-similar attack, as a model for the consider- parable provision.
allon to be given to Mr. Calkins.
The conference substitute (sec. 905) is vide anti-terrorism training assistance reist.
In addition. While implementing this sec- similar to the House bill but changes the re- ed to maritime security to a country which tion, the committee of conference expects porting date to February 28.1987, and an does not Inalntain and administer effective that the family members of Mary Metnl. a annual report thereafter. security tnessums at its pods ,
long-time employee of the American Embas* * * ' ' "
sy in Beirut killed in the April 18.1983 ter* Pont. HAason. Ann CoasTAs, PACILITY '
parable pmtsion.
rortst bombing, will be compensated for her Sacca!TY death in a manner and amount comparable The House bill (see 906) amends the Ports The conference substitute (section 907) is to gratuities paid to other surytvors of the and Waterways Safety Act (33 U.S.C. et similar to the House bill, but omits the spe-Beirut bombings; that is, an amount equiva- seq.) by establishing a new section 't dealing cific reference to foreign ports which are lent to a t year salary (at April 1983 rates) with port, harbor, and coastal facihty secu- not under the de facto control of the gov-ti, the grade she held at the time of her nty. The new section authortses the Secre- ernment of the country in which they are 1979 retirement, ta y of the department in which the Coast The committee of conference requests Guard is operating to help prevent and re. The committee of conference believes that a report be sent to the Congress withm spond to acts of terrorism against an indi- that, at the present time, passengers are the vidual. vessel, or public or commercial struc. most visible targets for terrortst attack, and forth t e ne ts to hl rC k ture that is subject to the jurisdiction of the the immediate focus should be on risks to family members of Mrs. Metni will be enti- United States and that is located within or passenger vessels. The committee of confer- ,
tied under section 5570* adjacent to the marine environment. ence, however, remains concerned that U.S.
TITLE !X-MARITIME SECURITY The term " marine environment." as de- cargo vessels, especially those carrying vola.
fined in the Ports and Waterways Safety tile cargoes, could become terrorist targets.
Measvans To ParvrNT UNLAWrUL Acts Act, means the navigable waters of the Piracy, whether freebootery or sanctioned.
AGArnst PAssENG&as AND CREWS On BoAaD United States and the land and re$ources exists and poses a risk to Commerce in sever-Surrs The House bill (sec. 903) directs the Secre- therem fishertesand thereunder:
resources of anythe waters area and al areas of the world. The committee of con-over which ference understands that a mechanism is al-tary of Transportation and the Secretary of the United States asserts exclusive fishery ready in place to warn U.S. cargo vessels to State to jotntly report to Congress on the management authority; the seabed and sub-progress of the International Marttime Or- soil of the Outer Continental Shelf of the avoid those continued and expect areas where thosetorisks vigilence exist, safeguard ganization (IMO) in developing recommen- SE" ' st and the our -
~
ppcy commercial vessels and crews. Congress dations on measures to prevent unlawful nt o,
^ * * * * "*
- acts against passengers and crews on board ational, economie, and scenic values of such pmpnate, rntse the kgislaWn. "to extend ships. This report shall be submitted by De- waters and resources. It is being used as a cember 31.1986, and shall contain informa- descripti e term and not one of jurtsdietton. Its requirements to the broader risk.
tion concerning arens of agreement and dis- Specifle authonty is granted to the Secre. It is the intent of the committee of con-agreement on recommendauons among tary under this section to arry out or re. ference that the assessment of secunty member nations of the IMO the activities quire measures, including inspections, port measures at foreign ports be performed by the era c 1ttees O an r.nd harbor patrols the establishment of se. secunty experts currently stationed at U.S.
,, ty , ,pe g ,e curity and safety zones, the development of diplomatic missions in the proximity of such contingency plans and procedures, and the ports, such as the post security officer. If nto h not nI d p recruttment and trainmg of members of the there is a maritime attache ass 1med to such these recommendations by Decemt:er 31. regular Coast Guard and the Coast Guard post he should partictpate in the securtty 1986. the Secretary of Transportation is di- Reserve, in order to prevent or respond to ansessments.
rected to include in the report proposed Icg- acts of turortsm. It is the intent of the committee of con-1ststion for the implementation of security The Senate amendment contains no com- ference that 'he Secretary of Transporta-measures at U.S. ports and on vessels oper- parable provision.
ating from those ports. Under the conference substitute esec. 906) tion, in consultation with the Secretary of The Senate amendment contains a similar the gennal authonty granted to the Seem State, shall take into account the risk that t revision. but does not incit.de a provtston tary Transponation is similar to the is posed at a foreign port which is not under the de facto control of the government of regardmg secunty measures at U.S. ports. t the councry in which it is located and pores The conference substitute (section 903) is n d tat s rad a 1 nd id n similar to the House bill but changes the re- are included in the scope of the Secretary's a high rtst of acts of terrorism against pas-porting requirements to Pebruary 28.198'I authortty to prevent or respond to acts of senger vessels, as determined by the Secre-and clattfies that tl.e report submitted by terrortsm wherever that vesselis found. The tary of State, in developing and implement.
the Secretary of Transportation should in- specific authority granted to the Secretary ing a plan to assess the security measures at ciude a proposed plan of action and legisla- ts limited to (1) carrying out or requiring such a foreign port.
tton tf necessary regarding secunty mets- measures, including inspections, port and The committee of conference intends that urcs at U.S. ports and on vessels operatmg harbor patrols, the establishment of securt. the Secretary of Transportation shall report from those ports. The committee of confer. ty and safety zones, and the development of to the Committee on Foreign Affairs and ence wishes to clarify that all reports under contingency pians and procedures to pre. the Committee on Merchant Marine and title IX of this act should be submitted to vent acts of terrorism and (2) to recruitmg Fishertes of the House. and the Committee the Committee on Foreign Mfairs and Com- members of the regular Coast Guard and on Foreign Relations and the Committee on mittee on Merchant Martne and Ptshertes of the Cc.ast Quard Reserve. and trainmg Commerce.' Science and Transportation of them in antiterrorism techniques. the Senate with respect to assest. ment, as Relttions nd he ommt n Com e ce. SectmTY SrANoARDs AT PORgIGN Ponts well as the determination notification pur.
Science and Transportation of the Senate. The House bill (sec. 907) establishes a suant to this section.
PANAMA CAN AL SECURITY regime for the assessment of securtty stand. The committee of conference also directs ards at foreign ports which pose a hien nsa the Secretary of Transportation to comply The House bill iseetton 904) requires the of acts of international terronsm. These as. with the reporting requirements established President to report to Congress not later sessments will be conducted by the Secre. under the Foreign Airport Securtty Act than 6 months after the date of enactment tary of Transportation,in consultation with (Public Law 99-83) and to submit such re-of this act on the status of physical security the Secretary of State with respect to the ports to the Committees on Foreign Affairs.
At the Panama Canal. terrorist threat that exists in each country and on Public Works and Trartsportation of The Senate amendment contatna no com- snd in which ports are not under the de the House, and the Committees on Foreign parable provtston.
facto control of the government of the Relations, and on Commerce. Sct*nce and The congerence essentially the same substnute as the Houseisection bill. 904) is country in which they are located. A report Transportation of the Senate in a timely on the plan for assessments shall be submit- fashion as enytstoned by that Act.
August 12,1986 CONGRESSIONAL RECORD- HOUSE H 5969 TRAvus. Anytsontss CoNCERNINo SECtfRIT1r AT lnstitute an antiterrortsfB training proETam vide jurisdiction over violent attacks against FossroN Pours for all members of the Armed Forces and property including but not limited to bomt>
The House bill (sec. 908) directs the Secre. members of their families. ings and arson, as well as violent attacks tary of State to immediately issue a traveg The Senate amendment contains no com. against persons. In any case, the attack advisory with respect to any port where a parable provision. must be one that is intended to, or does.
condition exists that threatens the safety 'Ille conference substitute (title XD ls result in serious bodily injury to a U.S. na-and security of passengers, passenger ves. similar to the House bill but changes the re. tional The maximum prison sentence is set sets, or crews travelling to or from a porg porting date to June 30.1987. at five years, which the Secretary of Transportation has TITLE XII-CRIMINAL PUNISHMENT The committee of conference does not determined does not maintain effective se- OF LNTERNATIONAL TERRORISM tend t p r ne curtty measures- t This travel advisory may be lifted only if Excocw=mrr rom NacorzaTroW or a Simple barroom brawls or normal street CoWYENTtoM lt Ls determined that effective security
- crime, for example, are not intended to be measures are being maintained at that port. The Senate amendment (sec. 'f13) ex. covered by this provision. To ensure that The Congress shall be notified upon the lift. presses the sense of the Senate that the this statute is used only for its intended President should call for international nego- purpose, the conference substitute requires h Sena e bi no comparable tlations for the purpose of agreeing on a that the Attorney General certify that in definition of international terrorist crimes, his judgment such offense was intended to Te nference substitute (sec. 908) is es- and whether such crimes would constitute coerce, intimidate. or retallate against a gov-sentially the same as the House bilt univnsal cMmes under International law. In ernment or civtllan population.
SusetNstoN or passe.wcsa SEnvicEs addition, the President should consider in- This paragraph also limits the authority cluding in these negotiations the possibility to make the necessary certification for pros-The Ilouse bill (sec. 909) authortzes the of establishing an international tribunal ecution under this statute to the Attorney President any port intoa suspend passenger foreign country services which he de- to of that would have international jurisdiction over the crime General or
- the highest ranking subordi.
terrorism.
termmes in any way arms, aids or abets any nate of the Attorney General with responsi-terrorist organization which knowingly uses provtston.The House bill contains no comparable btlity for criminal prosecutions." The the illegal seizure of passenger vessets. or quoted language refers either to the Deputy The conference substitute (section 120D is Attorney General or the Associate Attorney the threat thereof, as an instrument of essentially the same as the Senate amend- General depending on their respective re.
policy. ment, The Senate amendment contains no com- sponsibilities. Although the Deputy Attor.
parable provision. The committee of conference wishes to ney General is the second highest ranking emphasize that The conference substitute (sec. 909) is international the establishment tribunal of an official of the Department of Justice,if the to prosecute terror-similar to the House bill but clarifles the Associate Attorney General has primary re-ists may prove to be a laudable long term sponsibility for crirnmal prosecutions, he/
prohibitions for violating this section by goal, but efforts in this regard should not she Ls the appropriate certifying official in providing a authority to deny entry, as well as detract from the more immediate priority of addition to the Attorney General.
civil penalty.
encouraging individual nations to develop The determination of the certifying offt-SANCT!oNs roR THE SE!ZURE or vessels sT TERRORIST 3 more effective national laws and procedures cial is final and not subject to judlClal to ensure prosecution of terrorists in the in- reytgy, The House ball (sec. 910) encourages the terim. The term " civilian population" includes a President to review the adequacy of crimi. The negotiation of a definition of conduct general population as well as other specific nal sanctions against terrorists who seize or constituting terrorism. effective intelligence identifiable segments of society such as the attempt to setze vessels, and to strengthen sharing, joint co' inter-terrorist training, and membership of a religious faith or of a par-where necessary, throuEh bilateral and mul. uniform rules for asylum and extradition ticular nationality, to give but two exam-tilateral negotiations, the effectheness of for perpetrators of terrorism, as well as ef. ples. Neither the targeted government nor such sanctions. In addition. this section di. fective criminal penalties for the swift pun- civt!Ian poA.lation, or segment thereof has rects the President to submit a report to ishment of perpetrators of terrortsm are the Congress on this review and efforts to im. higher priorities. to be that of the United States.
prove sanctions not ILter than ! year after EXTRATERRIToR!AL CRIMINAL JearsolcTroM TITLE XIII--MISCELLANEOUS the date of enactment. PROVISIONS Oven TEnnoatsT CoNoticT The Senate amendment contains no com- PEAct Cours AUTHoa!ZATIoM or The Senate amendment (section 714) in. ArenoratnTroNs he conf n substitute (sec. 910) is es * ""* ""'"
similar to the House bill. but deletes the oAmerican er cert calizens abroad.
te ori a t ammds the Peue Coms Ad to authe" W word criminal %
The House bill contains no comparable be approMated $W mn W hal par der NITtoNs provision ~ "" 8 * " # "' #"#
he u The House bill (sec. 911) contained defini.
tions for the purposes of title IX.
The conference substitute (section 1002) establishes extraterritorial juttsdiction over h*# [gg I ou the Mt The Senate amendment contains no com. serious violent attacks by terrorists upon provision
parable progision. U.S. nationals. Presently. federal law pro- The coriference substitite (seciton 1301) is The conference substitute (sec. 911) is habits extraterritorial murder of and as- Identical to the Senate amendment.
identical to the House bill. saults upon only certain high ranking U.S. DEMONSTRATIONS AT EMsAsstEs IN THE AUTHORIZATIoM or ArrRorRIArtoNs officials, diplomats and law enforcement of. DISTRICT or CoLUMstA The Ifouse bill (sec. 906) authorizes to be f!cers. Chapter 113A of title 18. U.S.C., will The Senate amendment (sec. 702) amends appropriated for fiscal year 1986 8125 mil- extend coverage to any terrortst murder or section 112 of title 18. United States Code, hon to carry out this section and to conduct manslaughter of and serious physical as- to repeal the authority of the District of Co-assessments required by sections 905 and sault on any UE national. lumbia to set Ilmits on the proximity of 907 of this bill. Paragraph (a) of the conference substi. demonstrations at foreign diplomatic build-The Senate amendment contatns no com- tute is identical in substance to the Senate Ings.
parable provtston. amendment, except that fines are not spe- The IIouse bill contains no comparable The conference substitute (sec. 912) au- elfically delineated. in deference to the 11- provision.
thorizes to be appropriated $12.5 millica for ternative federal fines statute at 18 U.S.C. Current District of Columbia law makes it 3603. As in the Senate amendment, there is a crime to congregate within 500 feet of a hetaryof po tat o to rr out th no untent at the R Gomnment fown mission and to Muse W wne purposes of title IX. including the amend- prove during the criminal prosecution the then ordered to do so by the police. The ment made by this title, purpose of the murder. The elements are (1) conference substitute (sec.1302) expresses TITLE XI-SECURITY AT MILITARY the murder (2) of a U.S. national (3) outside the sense of Congress that; the District law BASES ABROAD the territorial jurisdiction of the United may be inconsistent with the rights of free States. speech and assembly, and that there may The House bill (title XI) expresses the The conspiracy paragraph of the confer- have been selected enforcement of the law sense of Congress that the Secretary of De- ence substitute incorporates two conspiracy resulting in the unfair arrest of peaceful lense should review the security of each provisions from the Senate amendment and demonstrators; (4) the obligation of the base or installation of the Department of reaches terronst conspirac'es or attempts United States and the Distrtet to prov'de Defense outside the Umted States and take abroad to kill a U.S. natio.ul whether that adequate securtty for the diplomatic mis-any steps that may be necessary to improve national is outside the Untled States or stons of foreign governments must be bal.
the securtty cf such bases or installations. within the United States. Paragraph (c) of anced with the reasonable exercise of the In addttton, the Secretary of Defense should the conference substitute is designed to pro- rights of free speech and assembly; ar.d
1 l
. i 1
i H 5970 CONGRESSIONAL RECORD-HOUSE August M,1986 therefore, the District of Columbia law the arrest or conviction of persons for espio- EEFa$ssloN or SUPPoaf or AcTivrftEs or shouM be redewed by the District of Co. nage offenses or leading to the prevention. THE UNITED States TELSCouMUNICAT1oNs lumnbia Council and revised if appropriate, frustration or mitigation of espionage. TRArNtwo INSTITUTE to make i& less intrusive on freedom of The House bill contains no comparable speech and assembly, while carrying out the provision. The Senate amendment (section 713) clartfles that nothing in this act, or any
)
l leastimate purposes of prodding adequate The conference substitute (section 1306) other act shall be construed to preclude the secur1LF for foreign diplomatic mimmions, establishes forfeiture remedies for a viola
- Department of State, the Agency for Inter- '
1 DisTussuTsoN WITn N THE UNITED STATES or tion of section 794 and forfeiture under ilm- national Development or the United States Tas USIA FrLM." Tits MAaCM* 'd l U 8 A 88 I *I '
- Information Agency from participating (in.
l
- " see The Senate amendment (sec. 704) author
- to es $ 'o et of proc ciuding use of staff, other appropriate re-tzes the distribution of the USIA film "The obtained as a result of the offense, as well soum w se on me M M W Mmh" within the United States. *"" "
The House tall contains no comparable commit the offense. but applies to section Insutute WMH b mm M any am"I as forfeiture of any property used to prwiston.
- 794 only. The conference substitute also re-
- The conference substitute deletes the pro- quires that any funds forfeited under sec- m'I IHouse
- W contains no comparmW Vi8108- taon 794 be placed in the Crime Victims pm Kon? WataustM,s RevanzMsNT AMoWANcs Funds. Th erence substitute is (section 1307)
The Senate amendment (sec. 708) contains The conference substitute amends section identical to the Senate amendment.
certstn findings relauve to Kurt Waldheim's 193 to establish mandatory forfeiture of any PotterToWARD AFCHANIsTAN past. It expreasse the sense of the Senate payments from a foreign government, or The Senate amendment (section 119) con-thIt the President should direct the U.S. any faction or party or military or naval tains sense of Congress language with re-Permanent Representative to the United force withm a foreign country, as a result of spect to the Soviet invasion of Afghanistan Nations to introduce an amendment to the a violation of this secuen. The substitute and U.S. polley toward the people of that 194S-87 U.N. Regular Program Budget does not include forfeiture of property used country and their efforts to regain the sor-stiminating Kurt Waldheim's retirement al- to commit a violadon of section 793. Funds ereignty and territorial integrity of their lowance and a resolution denying his retire- forfeited under section 793 are placed in the nation.
taent allowance in all budgets after 1987. Crime Victims Fund. The House bill contains no comparable The House ball contains no comparable The committee of conference is concerned provision.
- about the scope of section 793 of title 18.
provtsion. The conference substitute (section 1308) is The conference substitute (section 1303) is U.S.C., an espionage statute concerning the identical to the Senate amendment.
0 I8 similst to the Senate amendment with cer. ,
ta.in editortal changes and permits the U.S. d e m Id For consideration of the entire House bill and Senate amendment:
Permanent Representative some flexibility and commentators have suggested that this U""" I In deciding how to act to deny Kurt Wald- statute could apply where there is no intent Gus Yano"8** w, to trijure the United States or give advan-hetm.his retirement allowance. DAN ICA.
tage to a foreign power. Others suggest that ERADICATIoM or AMs!.YouMA VARIECATUM the statute, like all other espionage laws, re- Pam H. KosTMAM.
The Senate amendment (section 709) au- quires an intent to injure the United States. L'*"'"C' #
t horizes 3150.000 for fiscal year 1986 for a To the extent that the conference substi- Ten Wrtss.'8"'T"' _
study of the feasibility of a program for the tute provides a " proceeds forfeiture" penal- oY AcKAY. mm control and eradication of heartwater in ty in connection with section 793. It is the u. BaoounnA bovine animals in the Caribbean to be com- intent of the comnuttee of conference that BmAMIN S. GItMAN.
pleted 180 days after the enactment of this such penalty will apply to a conviction Osuna SNowt.
act. This provision also authortzes not less under that section only if there was an CONNIE MACM.
than 44 million of the funds approprtated intent to injure the United States or give Joux McCAIN.
for fiscal year 1987 for the control and advantage to a foreign power evidenced by eradication of amblyomma vartegatum in the receipt of payment for the information b dm fi ti mr at ed co f -
these countries. from a foreign governraent, or any faction 'OCE.
The House bill contains no comparable or party or military or naval force within a ^ " '
pros taion. , B foreign country. Since ** proceeds forfeiture
- The conference substitute (meetion 1304) is is a penalty imposed upon conviction, and " '
a:milar to the Senate amendment, but elimi- not an element of the underlying offense. D
- nites the earmarking for study and reduces the court can, of course, consider a wider GENE Smen, the authortzation for the control and eradt- range of evidence in determining whether to For consideration of titles 111. VI!!. XI.
cation of amblyomma variegatun to $2 mil- order forfetture than in determining guilt or lion. innocence under section 793. to co it o e nf nee:
SEPENGT!!EN FoaucN LANct'Acz Suras Nothing in these provisions is intended to g ggLf,sN ICE.
The Sernte amendment (section 710) ex- interfere with a person's Sixth Amendment Wru1AM L. DicaINsow presses the sense of the Senate that the Wht to counsel of choice or to the effective For consideration of sections 702,703.711. "
Sceretary of State substantially strengthen asy!' e confer nc ubstitute also amends 713. and 714 of the Senate amendment and th* foreign language training of foreign serttee off:cers and other diplomatic person- section 3671 of title 18. U.S.C., to include modifications committed to conference:
Wm W. RoDINo. Jr, r.el who may serve in embassies overseas section 794 among the offenses covered by Wru!Ax 4 Wcurs, and to implement a program focusing on ac- its forfeiture provtsions. Section 3671 pro- Dow EDWARos.
c'tisttion and retention of effective linguis- vides that any person convicted of an of- JOHN CoNTEas.
tic skills throughout a foreign service offl- fense against the U S. resulting in physical harm to an indirtdual can be ordered to for- Blu McConcu.
E* resulting from the depic- DA w he ouse bill contains no comparable D,rocce ' g P * *8 '0"- For consideration of title III and title VIII Including section 794 among the offenses The conference substitute (section 1305) is similar to the Senate amendment but modt- cosered by section 3611 accomplishes the of the House btil and modifications commit-fles the provision to a sense of Congress. purpose of the Senate amendment. with ted to conference:
regard to section 794 alone and piaces any MurAu D. Fono.
FourtrTt7FE or Paocrtos Drutvrn raoM forfetted funds into the Crime Victtms PAT ScNRoEDrR.
E4troMAct AcTittTits Fund. MARY Rost 04xAR.
The Senate amendment tsection 711) con- The conference substitute does not pro. FRANK HomTon.
taitts a section which amends section 794 of vide any new reward authortty. The com. 00" YOUNG-title 13. Umted States Code, to establish for. mittee of conference encourages the Attor. Managers on fAe Parf of ute House.
triture remedies agamst those convicted of ney General to excretse exntmg authority For consioeration of the entire House bill e3pionage under section 793.194 or 798 of under section 3059 of title 18. U.S.C., or any and Senate amendment:
tttle 18. In addition. the Senate amendment other provtston of law, to reward those who RICHARD O. LUGAm.
a3tabhshes forfeiture of proceeds resulting provide information on an espionage case. Jess Hr2.ms, from any deptction of the offense for per. Espionage is incressmgly motivated by the CHARLas McC. MATx:As. Jr..
ons convicted of a violation of section 793. destre for personal gam. The offer of re. NANCY Kassraatru.
.94 or 798 of title 18. It also estabitshes new wards for inforn'ation on acts of esptonase CLatsonNs Pru.
, authortty for the Attorney General to pay uses the same profit motive to fight espio. J.R. Brorw. Jr j en to $100.000 for information leadmg to nage.
I i
i
August 13,1.938 CONGRESSIONAL RECORD-HOUSE H 5971 PaoL SAasanas. This conference ' report enjoys the viding more security to our Einbassies Fue considerauon of secuans 702. 703,711. support of the administration and in- overseas, this bill gives the less!
d gg$gg,,, Ih'djg,*"* $.
Cwucs onASSLsY.
- "d cludes among its many important ini- framework that our Government tlatives the President's request for needs in order to more effectively JussmAs Demow, major enhancement of diplomatic so combat terrorism.While terrorism will d,
ARLaw 8escTam, curity stemming from recommends- not disappear overnight, the omnibus Dawnss DeConcrat. tions of the Inman Panet, bill strengthens our country's ability pat LsAuv.
, Mr. Speaker, in addition to'the au- to deal with the menance of interna-d**"'I manned to conference.
- j**gh7k*Ig thorization of the Embassy Security tional terror, Program, this conference report con- I urge my colleagues to vote in sup-Canaams Mec. htmAs. Jr. tains numerous measures which com- port of the conference report.
Toes Enesmos, piement and add to these accomplish- With that. Mr. Speaker. I withdraw For consideradon of sections 70s and 707 ments. Some of these provisions in- my reservation of objection and ask of the Senate amendment and modifications clude: the Members to support this bill.
cented to congnee c , The establishment of new maritime The SPEAKER. Is there objection EawastF.Houtreds. security procedures, similar to those to the request of the gentleman from Menseers osa the Part of the 3esiste, enacted in the Foreign Airport Securi- Florida?
Mr. FASCEIA Mr. Speaker. I call ty Act of M80 There was no objection, up the conference report on the bill A na authorization for re. Mr. FASCEIL Mr. Speaker. I ask (H.R. 4151) to provide enhanced diplo- wards. including the initiation of a unanimous consent that the statement matic security and combat internation- new pr gram targetted against narco- of the managers be read in lieu of the al terrorism, and for other purposes' e a and the estaWhmet M a report.
and ask unanimous consent for its im. witness protection fund: The SPEAKER. Is there objection mediate consideration. Measures directed against state- to the request of the gentleman from sponsored terrorism, including con
- Florida? -3 The Clerk read the title of the bill.
The SPEAKER. Is there objection trols on certain services and exports to There was no objection.
to the request of the gentleman from countries which aid and abet interns- The Clerk read the statement.
Florida? tional terrorist organizations; (For conference report and state-Mr. BROOMFIELD. Mr. Speaker. Measures to prevent nuclear terror- ment, see pnor proceedings herewith.)
reserving the right to object. I do so to Ism; Mr. FASCEIl Iduring the reading).
afford the chairman of the Committee Steps to enhance multilateral coop
- Mr. Speaker. I ask unanimous consent on Foreign Affairs. the gentleman eration to combat international terror
- that the statement be considered as from Florida [Mr. FAscELL1, an oppor. ism, including arrangements for en- read.
tunity to explain this bill hanced information sharing on pass- The SPEAKER. Is there objection Mr. FASCEIL Mr. Speaker, will the ports and visas; and to the request of the gentleman from gentleman yield? The establishment of a program to Florida?
Mr. BROOMFIELD. I am happy to compensate U.S. Government person
- There was no objection.
yield to the gentleman from Florida. nel who are victims of terrorist at. The SPEAKER. The gentleman Mr. FASCEIA Mr. Speaker. I rise in tacks.
support of the conference report on Mr. Speaker, as I said at the outset. from Florida [Mr. FAsCELL] Will be rec
- H.R. 4151, as amended, the Omnibus the administration fully supports this ognized for 30 minutes, and the gentle-Diplomate Security and Antiterrorism legislation. The threat to the lives and woman from Maine [Ms. SNoWEl will Act of 1986. safety of our people working abroad is beThe recognized for 30 minutes.
Chair recognizes the gent!cman As you know, this legislation passed very real. International terrorism con-the House on March 18.1986. by a tinues to be a blot against humanity. from Florida [Mr. FAscELL).
Mr. FASCEIA Mr. Speaker. I yield 2 vote of 389 to 7 and passed the other and Americans remain prime taagets body on June 26. 1986 by voice vote, for these heartless killers. This legista- minutes to the distinguished chairman This measure was initially developed tion establishes tanglible measures for of the subcommittee, the gentleman in bipartisan cooperation with five combatting acts of terrorism. from Florida (Mr. MICA].
other committees sharing jursidiction Mr. Speaker. I urge the unanimous Mr. MICA. Mr. Speaker. I rise in over various provisions contained in approval of this vital conference support of the conference report on is g tion in both tne House and re rt. H.R. 4151. as amended. the Omnibus BROOMFIELD. Mr. Speaker. I Diplomatic Security and Antiterrorism I want to express my admiration and join the chairman in praising all of ACE-gratitude to my distinguished col. those who made this bipartisan diplo- This conference report represents leagues. Mr. MICA, the chairman of matic security bill possible. I also want the culmination of long efforts on the the Subcommittee on International to recognize the leadership of Chair- part of both Houses to provide the ex.
Operations. and Ms. SnowE. the rank. man FAscELL in making this important ecutive branch the tools it desperately ing member of that subcommitttee, legislative initiative a reality. needs to both manage diplomatic secu.
for all of their outstanding work on I want to point out the contributions rity responsibilities in the United this conference. In addition. I want to of DAN MrcA. chairman of the Interna States and abroad, to move ahead on express my gratitude to the ranking tional Operations Subcommittee and construction of safer Embassies, and minority member of the committee. OLYurrA SMoWE for their personal to enhance its ability to Combat terror-Mr. BaoostrtELD. and all the chairmen, commitment to bringing this bill to Ism and to promote appropriate poll-ranking members, and members of the the floor, cres.
Committees on Armed Services on the I extend my thanks to many mem, snoan stramitsAN SerroRT Judiciary, on Merchant Marine and bers of the other committees who were Work on this legislation has pro-Fisheries and on Post Office and Civil involved in specific titles of this legis. ceeded on strictly bipartisan lines. The Service, who have worked diligently to lation for their cooperation and sup. Hottse approved H.R. 4151 by a wide resolve the differences, which num. port. Finally, the staffs of the various margin. 389 to 7. Soon after, the bered over 100, between the House and committees are to be recognized for Senate expressed its wide support for Senate versions of this milestone legis. the many hours of Quiet labor that are the legislation by approving it by voice lation which is designed to protect required to assemble such a compre. vote.
American Embassies, diplomats their hensive package. renross or run sits.
families, and ordinary businessman The omnibus bill before us goes a The provisions on diplomatic securi-and tourist travelers against the long way to give our Oovernment ty are essential to o'tr continued diplo-scourge of international terrortsm. more tools and resources to use against terrorism. In addition to pro-(
c h l
.I H 5972 CONGRESSIONAL RECORD - HOUSE August 12,1986 matic presence overseas. We have a standards across.the. board, and to es- a number of posts. One post, for in-commitment to the safety of our diplo- tablish a new security ethic and appa- stance, was found to share a common mats and their families overseas, and, ratus within the Department of State. wall with an Eastern European trading indeed. of all Americans traveling The legislation also contains vital new company.
abroad whether for business or for counterterrorism efforts, many of The measures called for by the plGasure, at a time when Americans them proposed by the Inman Panel on Inman Panel, however, encompass arG specifically targetted by terrorists. Overseas Security, and the Vice Presi- more than building new, more secure This bill also signals nations that dent's Task Force on Combatting Ter embassies. The panel called for im- l support terrorism that; rorism, provements In all areas of the State '
We do not accept terrorism as a jus. The diplomatic security prc. visions Department security program meas- I tifiable option, passed by both bodies contained only a '
We intend to maintain our diplomat. few major differences, such as the au- ures which are of equal importance as ic presence abroad. thorization level and the question of the building program. Among them We are committed to anticipate and multiyear financing. I am pleased that are: improved training, increased secu-deter terrorism wherever possible. the other body accepted the House rity personnel. reorganization of the sOh8E FEArUREs OF THE 31U. Principle of multiyear.The other body security structure at State, a system of Let me point out a few of the fea- agreed to 85 percent of the House- personal accountability for security lapses, and establishment of a new t es titles I through IV and VIII of nd g e t 25 pe n of consolidated Bureau of Diplomatic Se-State h esp to th uriy r h t tw artment M State has We-gunctgon bodies had disagreed. mented as many of these recommenda-It presents the Secretary with full I would like to express my apprecia. tions as it could under current law.
responsibility for the coordination of tion for the spirit of cooperation and Without adoption of this conference bipartisanshio that characterized all report. however, the State Depart- ;
si ed o U . miss ons a odadf stages of this legislative initiative. No ment can go no further.
the establishment of appropriate staff. one deserves more credit than the gen- I would also like to comment on title ing levels at these posts; tieman from Florida, the chairman of VIII, the Victims of Terrorism Com-It establishes a new Bureau of Diplo- the Subcommittee on Internatioinal pensation Act. This act provides motic Security. Operations on which I serve as rank- health and education benefits to It creates a new Diplomatic Security ing Republican. future hostages and hostage families.
Service. The subcommittee began work on .and is based on provisions in the Hos.
Of critical importance, the legisla- this bill over a year ago. As the hear. tage Relief Act of 1980, which expired tion provides a mechanism for deter. ing process moved forward support in 1983. We learned from the Iranian mining accountat31Jty for failures of for this legislation broadened within hostages that, during their long period _
the security. the administration and the other of captivity, their greatest concern was It provides for the compensation for body. And as this bill progressed often less for their own safety. but for victims of terrorism; through the full Foreign Affairs Com- the well being of their families. The Finally, it authorizes a comprehen. mittee and into conference, the tone benefits provided in this title will not site Embassy Construction Program, of genuine bipartisanship was main. only assist the family members who snworno conus tained and strengthened. Thus, the receive them, but will also provide chairman and the ranking Repuohcan future hostages with the peace of We have also built into this legisla- cf the full committee, the gentleman mind necessary to cope better with t on.
frn Florida and the gentleman from thef t perilous situation.
S able notification requirements Michigan. share fully in this legisla. The legislation passed by the other Preference for U.S. contractors; "$h grIwing ber of terrorist in- body contained no similar provision on Procedures for the prevention of cidents targeted against Americans hostage relief. I appreciate the cooper.
cost overruns and use of diplomatic se. make passage of this conference ative attitude of the conferees from curity funds for purposes other than report urgently needed. During the the other body, who accepted virtually authorized in this act; and past two decades, terrorists have killed the entire title as passed by the House.
The promotion of penalties and bo* as many U.S. diplomats as were killed The only change of substance in title nuses in construction contracts. In the previous 180 years. In the last VIII was a compromise over the level coscLtistoN 10 years alone, terrorists have at. of cash payment to former hostages.
In closing Mr. Speaker. I would like tacked U.S. officials or installations an elw" 'P'" dt to Jom my colleague. Chairman FAs. average of once every 17 days. , e9 np t leye1 app CELL in expressing my deepest appre- This trend has become even rr. ore by the House. I recognize that ther,e clation for all my colleagues who have pronounced in the past 3 years. Last are other legitimate views on this worked so hard with us to produce year, the State Department recorded issue. I believe that the compromise such an important piece of legislation. 812 incidents of international terror. formula of one half the worldwide per Also. I would like to extend my thanks tsm. 30 percent of which were aimed at diem level is a reasonable compromlse.
to all of the Members of this body for Americans. This represented 200 more With adoption of this conference T
having supported inception. this effort since its incidents than the previous year, and have e'stablis ed com reh h 300 more than the year before that. d In particular. I would like to con. In view of this trend the Secretary permanent hostage policy-5 years cratulate Congresswoman SnowE who of State. 2 years ago, established an after the release of the Iranian hos-deserves tremendous praise for taking advisory panel on diplomatic security. tages.
such a strong part in crafting this bill. headed by Adm. Bobby Inman. The Mr. Speaker, the House originally I would like to thank Chairman FAs. Inman Panel's specific focus was on passed this billlast March by a vote of CELL without whom none of this could the growmg terrorist threat against 389 to 7. In the conference report, all have been done, as well as Congress. U.S. personnel and diplomatic mis. the major provisions of the House bill man BRoohtFIELD whose leadership was sions abroad. The Inman Panel found were retained and. I might say, that invaluable in this process. that nearly half of U.S. Embassies fail some Improvements added at the initi-Ms. SNOWE. Mr. Speaker. I yield to meet even minimum standards of ative of the other body. I urge over-myself such time as I may consume. security. During its investigation the whelming passage of this conference Mr. Speaker, this conference report panel also assessed electrome penetra. report.
represents an unprecedented effort by tion threats, and came to some alarm. Mr. Speaker. I yield back the bal.
Congress to upgrade U.S. securit y ing conclusions on the vulnerability of ance of my time.
Augest 12, IMS CONGRESSIONAL RECORD-HOUSE H 5973 l
Mr. FASCEIL Mr. Speaker. I yield commitment to fightng drugs. We have here a Many who favor Contra and attack Ubya for myself such time as I may consume. permanent framework to strengthen secunty spreading terronsm. TNs bill sends a real Mr. Speaker, this is landmark legis- measures so that employees and famdy mem- message to 1.ibya and all who hart >or terror-lation, and I am very proud in a bipar- bers are less vulnerable to terrorist attack; but ists. We will act swiftfy and decisuety to tisan sense when so many committees we also provide essential benefits in the event defend against and to deter intematonal ter-have acted to bring about this confer- those measures faA. I urge adoption of the ronsts.
ence committee result so that we can c,,Jse w report. I hope my colteagues wel kn me in sup-finally get the legislation on its way to Ms. MIKULSKI. Mr. Speaker, I rise in strong porung the conference report on H.R. 4151.
becoming law. support of the conference report to H.R. 4151 Mr. FASCEIL Mr. Speaker. I have Mrs. SCHROEDER. Mr. Speaker. I nse in the Omrubus Diplomacc Secunty and Anti- no further requests for time, and I support of the conference report on H.R. terronsm Act of 1986.
4151, the Omnibus D6plomaDc Secunty and move the previous question on the For too long, too many innocent Amencans conference report.
Antterronsm Act. I congratulate the charmen have suffered injury or death at the hands of The previous question was ordered.
and ranking trononty members'of the cornmit- intomational terronsts.
tecs who worked so diligentfy to produce this The conference report was agreed to.
Whoever said that one person's terrorist is conference report A motion to reconsider was lhid on another person's freedom fighter has a cal- the table.
I am deleghted that the cor'ference adopts lous disregard for the real victms of intema-title Vill of the House. passed bilt. Title Vill is tional terrensm.
the Vichms of Terronsm Compensabon Act How an 11. year old girt retuming home for GENERAL LEAVE wfvch the Committee on Post Office and Civd the holsdays; a wheelchar. bound 72-year-old Service favorabty reported last summer. The retwee on a vacanon cruise, and a 23. year-old Mr. FASCFLL Mr. Speaker. I ask legislation provides Federal workers, members Navy duer on leave. stood in the way of any- unanimous consent that all Members of the mihtary. and ther families with a perma- one's freedom is a mystery to me and esery may have 5 legislative days in which to nent framework of medical. educational, and Amencan. revise and extend their remarks on the other benefits which will apply in future cases. We must no longer ignore the issue of ter- conference report just adopted.
it also provides compensation if a family ronsm. Seared in our memones are the bomb- The SPEAKER. Is there objection member of a Govemment employee or ings of our Manne barracks in Be: rut; the tor- to the request of the gentleman from member of the uniformed services rs disabled menting of senter crtcens befd hostage on the Florida?
or killed due to a terronst act. Acme Lsoro; and the Chnstmastime There was no objection.
Title Vill also provides a cash payment for machinegunnings at the Aome and Vienna ar.
the Amencan hostages held in tran as well as ports.
others held captive. It has been over 5 years Congress must sent a clear message to ter.
PERMISSION FOR COMMI'ITEE snce the President's Comtniss:en on Hostage ronsts the wortd over We will not tolerate any ON FOREIGN AFFAIRS TO FILE Compensation recommended that the former more brutal acts by buity boys. REPORT ON H.R. 5352 DURING hostages receive $12.50 per day; the recom- THE RECESS We wdl stand up for Amencans by prevent-mendation was unacceptable to both the ing the sabotage of our ports and ensunng Mr. FASCEIL Mr. Speaker. I ask former hostages and the administration and passenger safety. And that's exactfy what unanimous consent that the Commit-was never acted upon. The conference report H.R. 4151 does by: tee on Foreign Affairs have permission ends ths scandatous de!ay and sets the level Strengthening tne physical secunty of our to file its report on H.R. 5352, the of payment to the former hostages at $50 per Embasses ar:d d:plomatic posts around the International Narcotics Control Act of day for each day of captraty from November globe. 1986 during the recess.
4.1979. througn January 20,1981. Since the Setting in place a framework for mantime The SPEAKER. Is there objection bili establishes a permanent set of benefits, counterterronsm secunty, incfuding legislation to the request of the gentleman from the payment for days of captivity after January f initiated calling for a conference on interna- Florida
20,1981 would be one. half the worldwide av- tional seaport and passenger vessel secunty. There was no objection.
erage per diem men in et'ect.
This conference would require partic:patirg I am also very p! eased mat the conference nations to taxe tough steps to comcat terror. UNIFORMED AND OVERSEAS report includes utie xi of the House. passed ists through:
bal. Title XI directs the Secretary of Defense Seaport screening of cargo and baggage CITIZENS ABSENTEE VOTING to review secunty arrangements at all mihtary smilar to me procedures used at airports; ACT bases abroad, par *icularfy in famity housng Extra securet to restnct access to cargo. M r. SWIPI'. Mr. Speaker. I ask areas, to deterrve whether stronger secunty dockside prope'*y. and docked vessets to au- n mous c ent t take from t measures are needed. Just yesterday in West thonzed persormel onty; P
- Germany a bomb exploded under a car with t.icensing cf snips to guarantee they are in consolidate and improve provisions of U S. miktary tags. Title XI teus the Secretary comphance witn internanonal secunty stand, law relating to absentee registration to take action now to prepare mihtary famd.es ards; and and voting in elections for Federal abroad to combat terronsm. Cathng for additonal secunty personnel on. office by members of the uniformed The conference report also contains certain board snics. services and persons who reside over-recommendahons of the !nman Commisson in addition. this antterronsm fegislation re. seas, and ask for its immediate consid-on accountabihty of Government employees in queres the Presdent to take aggressive steps erstion in the House.
the aftermatn cf a terronst act. The onginal to tighter global enminal sanctions imposed on The Clerk read the title of the bill.
Intnan recommendations would have created terronsts or would-be terror'sts. The SPEAKER. Is there objection kangaroo courts loomng for individual scape. These who prey on the innocent must real. to the request of the gentleman from goats. We were able to cnange the focus and ize that we *di seek them out, and punish Washington?
purpose of the accountabihty review boards, them according to their enmes. They can run Mr. THOMAS of California. M r.
so they wdl examine me secunty and intedi- but they carf t hide. Speaker. reserving the right to object, gence structure at me s2te of a terronst act Finatfy, tnrs legislation authonzes $60 muhon I shall not object, but I make this res-and identity systemic prebiems that can be fcr me Coast Guard to add personnel to bol- ervation for the purpose of yielding to remedied. An acccuatab.hty review board ster its histonc secunty role at our Nation's the gentleman from Washington (Mr.
should follow the d.rection set by the National ports. Sudget cuts have reduced me Coast SWIFT] the chairman of the Subcom-Transportation Safety Board in investigating Guard's role in ant' terror'sm wort by 20 per. mittee of Elections to explain the bill.
airplane crashas: Just figure out wnat went cent since 1980-a situaton that increases Mr. SWIFI'. Mr. Speaker, will the wrong. cur vulnerabihty. gentleman yield?
We should enact this legislataon. We have Today, the House is fightrg back witn the Mr. THOMAS of California. Certain-to snow Government etnoscyees, members of rule of law. By vctng "yes *e're saymg that ly. I yield to the gentleman from the mdatary. and tneer famdies that our commit. we marit no more ArenFe LArcs. By vcting Washington.
ment to fight:ng terronsm is not gust tne "yes we're saying we wdl not stand for ccid- Mr. SWIFT. Mr. Speaker the pur-wconddatest rage. to be upstaged by our ticoded murder of Navy dryers on leave. pose of H.R. 4393 is to factlltate sbsen-
w .
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H 5974 CONGRESSIONAL RECORD-HOUSE August 12,1888 -
tee voting by U.S. citizens, both mill- tee, through no fault of his own, the democratic process Voeng is at the' heart of tary and civilian, who are overseas. It voter will be entitled to use the Feder- that process. The inli ensures that voters are updates and consolidates current law al write-In. .
not desentrenchoed because of poor mail in this regard, and adds a new provi. A voter who submits a write-in ballot sorwce. And it cieene up amonguous and re-si:n for a Federal write-in absentee and later receives a regular absentee dundant less currency on the books. I ush all ballot. may submit the regular ballot as well. of the Chamber's legialeton could be so e This write in will be used in general If both ballots are received in time to streght fonsard and constructree as the legie-elections by overseas voters who, be counted, the regular absentee will laton is. .
through no fault of their own. fail to be counted in lieu of the write in.The. The subcommettee held beennge.--get Re-receiveA regular absentee ballot in write in will serve only es an emergen pub 6cene and Demomete living atwood to join time to return it prior to their State's cy back up measure that will provide h6 the State Department and Depart-deadline. an opportunity to vote for citizens ment of Defense to work together-fashoned Currently there are approximately 6 who would otherwise be denied that the law to incorporate the requwemente of million of our fellow citizens living and right. Stato elecean omcselo--end got liberal and w rking overseas. A great many are Another significant aspect of this coneeniesve Members, and everyone in be-serving this country in unifonn. Some bill is a State exemption. Any State tween agreeing on somethng. That's an ac-are in the Peace Corps, or are working that makes either regular absentee comphahment. And my het is off to Charmen as missionaries in less fortunate parts ballots or special write in ballots avail. swerr, and his ranking rninonty member, of the world. Others serve in our diplo- able to overseas voters at least 60 days Representeeve Bat TMouas for this feet, matic corps in hur.dreds of locations before an election, as several States What more fitting legioiaton could there be r.round the globe. Many citizens are now do, my choose to be exempt from then the promoton of our democracy through-tmployed by American companies the Federal program. out the world, with worldwide interests, particularly Mr. Speaker, when overseas voters By insunng that the ballots of our cinzens those in oil- and construction related fall to receive their absentee ballots in overseas, who take the time to exercise their businesses, time to vote and return them, they are franchee under State law, mil amve in tune to All of them are entitled to vote. Of clearly and effectively disenfran- be counted course, they vote absentee, chised. This bill, H.R. 4393, represents But if they fail to receive their ab- a limited, judicious effort to alleviate serve There are many other Members who de-sentee ballots in time, they are in that serious problem, crwrt la this piece of legieesem W effect denied a basic right of citizen- It gives maximum deference to me just say "thank you" on behalf of all of our ship. They are disenfranchised. Unfor. States that wish to implement their oversees citizens. to each of you who have tunately. tens of thousands of overseas own programs, while ensuring that all prowde support '
citizens either receive their ballots too overseas voters have at a minimum, TM hm on h Adminswahon w.
late, or do not receive them at all, in the opportunity to vote for President ed "f,n body every election. and Vice President, and for those who ._
On the one hand, mall delivery is represent them in the House and 0"**I'*"*3*'"'Y'"*"''' ""
often a problem for overseas voters. Senate. " * **"'
They may be in locations where mail Our fellow citizens who are serving Mr. ' THOMAS of Californla. Mr.
service is slow and sporadic. Those in overseas to preserve, protect and Speaker, I withdraw my reservation of the military.may be away for days or defend the basic rights we all . hare objection.
weeks at a time on temporary duty or whether they are in uniform or in one C 1023 maneuvers. Surveys conducted by the of many important civilian positions--
Postal Service and the Federal Office deserve no less. They deserve to be The SPEAKER. Is there objection of Voting Assistance hr.ve found that able to vote. This bill will protect a to the request of the gentleman from ,
ballots should be mailtd to overseas fundamental right they retain as Washington (Mr. Swirrl? i addresses at least 45 days prior to an American citizens, wherever in the There was no objection.
election in order to ensure adequate world they might be. The Clerk read the bill, as follows:
time for a ballot to reach a voter and H.R. 4393 has more than 100 biparti. H.R.4393 be returned. san cosponsors, and it was agreed to se it enacted by the .fenste and House of Many States, on the other hand. unanimously both in the Subcommit- stepresentarwes of the United . States of simply cannot provide that kind of tee on Elect;ons and in the full Com- Amenem as congress assem6ted, malling time for their ballots. Twenty. mittee on House Administration. I sEenom i. sHostr TMA three States have primary or runoff urge my colleagues to support it. This Act may be etted as the " Uniformed elections in September or late August. Mr. Speaker, I thank the gentleman and Overseas Citizens Absentee Voung By the time election results are can. from California IMr. TuoxAsl for Act".
vassed and certified and ballots are yielding. sEc . AasESTEE mEctsTRATION AND VOTING BY printed. election officials in these Mr. THOMAS of California. Mr. MEMBEM8 OF L'SM)RSIED SERVICES States may find themselves well Speaker, H.R. 4393 is an example of g,H DEMs. AND BY within the 45 day time, the kind of legislative cooperation Even in States with earlier primaries that is being carried on by the Sub-Each State shall provide by law, with re.
spect to elections for Pederal office, for-there may be litigation about the committee on Elections of the Com*
wording of a ballot proposition, or the mittee on House Administration. This (1) absentee reststration and absentee voting for untformed servlees voters and access of a candidate to the ballot. subcommittee could be a political briar overseas voters; and Those instances can cause significant patch. Rather through the coopera. (2) use of alternative write-in absentee delays in ballot printing and mailing. tive efforts of the subcommittee chair- ballots by overseas voters.
H.R. 4393 will mitigate this problem man, the gentleman from Washington sEC a FEDERAL RESPON8tBILITIE1 of late absentees. [Mr. Swirrl, as the Members heard f at REsroustertrTtts or PaasteENTIAL des-It will provide an alternative write-in him indicate, this bill came out of the Icyst.-The President shall designate the ballot that overseas voters may use to subcommittee unanimously and passed head of an executive department to have vote for Federal office-that is. Prest- the committee unanimously. This is prunary responsibility for admirustrauon of dent. Vice President. Senator, and the kind of constructive effort. Mr. Federal functions under this Act. The Presi-Representative-in general elections. Speaker, that I certainly enjoy partak. ['j y,,d'5 g ,8h $ {thdo The ballot may be used only by a ing of. , Qe"N voter who is eligible to vote in his Mr. ANNUNZ10. Mr. Sceaker, i nse in sum in elections for Federal office-(1) presertbe an offtetal post card from State of residence, and who applied pcrt of H.R. 4393, the Uniformed and Cve'* contaming both a voter reststratton applica.
for an absentee ballot at least 30 days seas C.tizens Absentee Votang Act. The Sub- tion and an absentee ballot application; before an election. If that voter none. comrnettee on E!ections cnared ey AL SmFT, (2) prescribe an alternative write-m ballot theless fails to recetve a regular absen- has worked tong and hard to promote the for use by overseas voters: