MILITARY PERSONNEL AND CIVILIAN EMPLOYEES CLAIMS ACT AMENDMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00003R000300060004-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 20, 2016
• Document Release Date: May 21, 2007
• Sequence Number: 4
• Publication Date: August 6, 1980
• Content Type: OPEN SOURCE

August 6, 1980 CONGRESSIONAL RECORD-SENATE
germane issue of the Israeli/Arabic
conflict.
if the United Nations goes along with
the PLO Copenhagen resolution, then
the Senator from Kansas questions
whether it will -be any longer in the U.S.
interest to contribute to.-discretionary
funds. There is no obligation 'to furnish
funds, solicited on a volunteer-basis, to
further the political goals of , the- PLO
and its allies. This is an appropriate
matter'for the Senate to consider before
the. convening of the U.N. -General
Assembly.
Americans deplore -our U.N. money
going through a terrorist organization,
and we do not recognize -the PLO as a
spokesman for or representative of all
Palestinians. For-this reason I- alai intro-
ducing this resolution.
AMENDMENTS SUBMITTED FOR
PRINTING
ALASKA NATURAL INTEREST LANDS
CONSERVATION ACT-H.R. 39
AMENDMENT NO. 1967
(Ordered to be printed and to lie on
the table.)
Mr. STEVENS submitted an amend-
ment intended to be proposed by him to
H.R. 39, an act to provide for the desig-
nation and conservation of certain pub-
lic lands in the State of Alaska, includ-
National Park, National Wildlife Refuge,
National Forest, National Wild and
Scenic Rivers, and National Wilderness
Preservation' Systems, and for other
purposes.
FUTURE EXECUTIVE ACTIONS
Mr. STEVENS. Mr. President, pursu-
ant to the understanding that was en
tered into last evening, I-send to the desk
a revision of,the remaining amendment
that I have which would be an amend-
ment to the Senate Energy Committee
version of .the Alaska lands legislation.
This is an .amendment that is identical
to the same provision that is in the re-
vised Tsongas substitute. 1 ask that it be
printed as a modification of the amend-
ment I intend to offer.. -
The PRESIDING OFFICER. The
amendment will be. received and printed
and lie on the table.
Mr. STEVENS. Mr. President, I also
ask unanimous consent that the text of
the amendment -be printed in the
RECORD.
There being no objection, the amend-
ment was ordered-.to be printed in the
RECORD, as follows:
AMENDMENT. No. 1967
Page 645, line 25, add the following new
section and renumber the other- sections
accordingly:
"FUTURE EXECUTIVE ACTIONS"
"SEC..1324. (a) No future executive branch
action which withdraws more' than . five
thousand' acres, in - the, aggregate, of public
lands within the State of Alaska shall be of-,
fective except by compliance with this sub-
section. To the extent authorized. by existing
law, the President" 'Or the Secretary may
withdraw public lands in the State of Alaska
exceeding- five thousand acres in. the aggre-
gate, which withdrawal shall not become
effective until notice is provided in the Fed-
4. eral Register and to both Houses of Congress.
Such withdrawal shall terminate' unless
Congress passes a- joint -'resolution of' ap-
proval within one year after the notice of
such withdrawal - has been submitted to
Congress. -
(b) No further studies of Federal - lands
for the single, purpose of -considering the
establishment of a .conservation system unit,
special, management area, national recrea-
tion area, national conservation area, or for
'related or similar purposes shall be con-
-ducted -unless authorized by this Act or
-further Act of Congresses.".
CRIMINAL CODE REFORM ACT - OF
1979-S. 1722
AMENDMENT NO. 1968
(Ordered _to be printed and to lie on
the table.)
. Mr. JEPSEN submitted an amend-
ment intended to be proposed by him
to S. 1722, a_ bill to codify, revise, and
reform title 18 of the United States'
Code, and- for other purposes.
MILITARY PERSONNEL AND CIVIL-
IAN EMPLOYEES . CLAIMS ACT
AMENDMENTS
AMENDMENT NO. 1969
(Ordered to be printed and referred
to the Committee ' on the Judiciary.)
Mr. DOLE (for himself, Mr. LUGAR, Mr.
HEFLIN, Mr.' COHEN, and Mr. SCHMITT
submitted an amendment intended to be
proposed by them, jointly, to H:R. 6086,
a bill.to provide for the settlement and
payment of claims of U.S. civilian and
military personnel against the United
States for losses resulting from acts of
violence directed against the U.S. Gov-
ernment or'its representatives in a for-
eign country or from an authorized
evacuation of personnel from a foreign
country.
? Mr. DOLE. Mr. President, the Sena-
tor from Kansas rises to send to the desk
a measure, which will be proposed as -an
amendment'to H.R. 6086 when that bill
Is brought before the Senate. This Sena
tor is joined in this effort by his dis-
tinguished colleagues, Senators HEFLIN,
LUGAR, COHEN and SCHMITT.
Mr. President, American citizens have
been held captive in Iran for - over 8
months. Congress has patiently, and in
the view of this Senator properly, re-
frained from taking any steps In the
hope"that, other efforts might free the-
hostages. At this time, the release of
the hostages is still nowhere in sight. Yet
an opportunity for responsible action
will soon be presented to the Senate. -
On July 23, the Judiciary Committee
ordered favorably reported two com-
panion bills, S. 2582 and H.R. 6086.
These bills amend the Military Person-
nel and Civilian Employees' Claims Act
of 1964 to raise the maximum compen-
sation for civilian employees and mili-
tary personnel who lose property in for-
eign countries as a result of evacuation
or hostile acts from $15,000 - to $40,000.
The need- for such legislation is self-
evident. As -a result of recent events in.
Iran, Pakistan, and Libya, many fami-
lies have suffered considerable losses,
some losing all their - belongings .Con-
sequently, this Senator, supports this
measure. - -
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In addition, this legislation offers the
opportunity to take some action to aid
the families of the American hostages In
Iran, if not the hostages themselves.
This amendment proposes such ?a step.
The provisions of this amendment are
quite straightforward. It provides for
the transfer of the blocked Iranian as-
sets to the Federal Government to set
up a fund from which payments will be
made to the hostages of their families.
These payments will be calculated by a
set formula: For each day from being
taken hostage to the,enactment of this
legislation each hostage will be entitled
to $200; for each day from the enact-
ment-of this law to the day. of release
from Iran, each hostage will be entitled
to $500.- Payments made while the hos-
tages are still in captivity would be held
in trust for them by family members.
The remainder of the assets will be used
to. pay damages which may be awarded
to the hostages or to others by the
courts. '
This is not the place to recount all the
exigencies of this crisis which motivate
this proposal. Yet the . Senator from
Kansas believes that such legislation will
impress upon the Iranian leaders that
they cannot continue to violate with Im-
punity the customs and laws which gov-
ern intercourse between civilized nations.
This mechanism will also give the host-
ages. and their families some, if inade-
quate, compensation for the suffering
they have endured.. Though this proposal
gives the hostages priority over the many
other claims, mostly of a commercial
nature, which will be made against Iran:
By preserving the Iranian assets in a
Treasury Department fund, this amend-
ment insures that commercial claims
will be adequately satisfied.
In short, this amendment proposes a
basically fair remedy for the many hos-
tile Iranian .actions against this country
and its citizens, actions which have been
condemned by the international commu-
nity as brazen violations of International'
law and custom. This amendment seeks
only the compensation which Is our due.
Having vainly sought help in the proper
international forums, we are within our
rights in taking this action not only un-
der the Constitution, but under inter-
national law. This is a measured step
taken only after extreme provocation.
The Senator from Kansas invites ,all his
colleagues to join with him in this effort.
Mr., President, I ask that the full text
of this amendment appears in the
RECORD following these remarks.
There being no objection, the amend-
ment . was ordered to be printed in the
RECORD, as follows:
AMENDMENT No. 1969
On page 4, immediately below line 9, in-
sert the following: -
SEC. 3. (a)-All right, title, and interest of
the Government of Iran in all assets which
were blocked by Executive Order 12170 of
November 14, 1979, shall be transferred to
the Government of the United States.
(b) (1) There is established in the Treas-
ury of the United States a special fund to be
designated as the Iranian Claims, Fund
(hereafter in this section referred to as the
"Fund").
(2) The Secretary of the'Treasury shall
cover into the Fund assets -described in sub-
 .S11016
section (a) and,may liquidate any part of
such assets as may be necessary for transfer
into the Fund.
(c) (1) The Secretary of the Treasury, out
of sums covered into the Fund, shall pay to-
(A) each citizen or national of the United
States taken hostage in Iran on November 4.
1979, except as provided in paragraph (2), or
(B) the estate of such citizen or national
if such citizen or national 1s deceased,
an amount equal to the product obtained by
multiplying $200 by the number of days be-
tween November 4, 1979, and the date of en-
actment of this section that such citizen or
national was held hostage as described In
clause (A) and an amount equal to the prod-
uct obtained by multiplying $500 by the
number of days after the date of enactment
of this section that such citizen or national
was held hostage as described .in clause (A).
Such payments shall not be subject to any
federal or state income tax.
(2) (A) it such citizen or national is held
hostage at the time payments are to be made .
under this subsection, then such payments
shall be made to- -
(1) the spouse of such citizen or national:
(ii) the children of such citizen or na-
tional, in equal shares, if payments cannot
be made under clause (1);
(lii) each parent of such citizen or na-
tional, in equal shares, If payments cannot
be made under clauses (1) or (ii); and
(iv) eachi sibling of such citizen .or na-
tional, in equal shares, if payments cannot
be made under clauses (i), (ii), or (iii).
(B) Payments made under this paragraph
shall be held in trust for the citizen or na-
tional so held hostage until such citizen or
national returns to the United States.
(3) After making payments under para-
graph (1) and after deducting, pursuant to
subsection (d). administrative expenses re-
lated to such payments, the Secretary of the
Treasury shall make payments to the estates
of members of the uniformed services, as de-
fined in section 101 of title 37, United States
Code, who died after November 4, 1979, while
in performance of duties in response to the
taking hostage of United States citizens or
nationals In Iran, as determined by the Pres-,
ident and certified to the Secretary of the
Treasury.
(d) There shall be deducted from the
amount of each payment made pursuant to
paragraphs (1) and (3) of subsection (c) ad-
ministrative expenses incurred by the United
States in carrying out this section, but not
to exceed an amount equal to 5 per eentum
of such payment
(e) Subject to the provisions of any claims
agreement to be entered into-between the
Government of the United States and- the
Government of Iran, any payment made pur-
suant to this section shall not be construed
as having divested any claimant or the
United States on his behalf of any rights
against the Government of Iran for the un-
paid balance of his claim.
(f) (1) The district courts of the United
States shall have original and exclusive juris-
diction of-
(A) any civil actionby a citizen or national
of the United States for a tort arising out of
the taking or holding hostage of a citizen or
national of the United States taken hostage
in Iran on November 4, 1979; and
(B) any civil action brought by a citizen
or national of the United States against the
Government of Iran, any agent of the Gov-
ernment of Iran, or any citizen or national
of Iran arising out of a contract dispute,
(2) The Secretary of the Treasury is au-
thorized, under such regulations as he may
prescribe, to make available for the satisfac-
tion of judgments rendered by the district
courts pursuant to paragraph (1) amounts
remaining in the Fund after payments have
been made pursuant to subsection (c) and
CONGRESSIONAL. RECORD-SENATE August 6, 1980
administrative expenses have been deducted
pursuant to subsection (d). ,
(g) After the making of payments under
subsection (c) have been completed, and
after the Secretary of the Treasury reason.
ably determines that payments to satisfy
judgments rendered by the district courts,
pursuant to paragraph (1) of subsection (f)
have been completed and that further such
payments are unlikely, the President may
order the balance of the Fund conveyed into
miscellaneous receipts of the Treasury of the
United States, or the President may order
such balance conveyed to the.Government of
Iran.?
ALASKA NATURAL INTEREST LANDS
CONSERVATION ACT-H.R. 39
AMENDMENT NOS. 1970 AND 1971
(Ordered to be printed and to lie on
the table.)
Mr. GRAVEL submitted two amend-
ments intended to be proposed by him to
the bill H.R. 39, supra.
ALASKA NATURAL INTEREST LANDS
CONSERVATION ACT-H.R. 39
AMENDMENT NO. 1981 AS MODIFIED
(Ordered to be printed and to lie on
the table.)
Mr. TSONGAS (for himself, Mr. ROTH,
Mr. JACKSON, and Mr. HATFIELD) sub-
mitted a modified amendment intended
to be proposed by them, jointly, to the
bill H.R. 39, supra.
NOTICES OF HEARINGS
sUBCOMMiiTEE ON IMPROVEMENTS IN JUDICIAL
MACHINERY
Mr. DECONCINI. Mr. President, I wish
to announce that the Subcommittee on
Improvements in Judicial Machinery will
hold hearings on S. 3023, a bill to amend
title 11 of the United States Code dealing
with preferences in bankruptcy cases on
August 18, 1980, at 9:30 a.m. in room
6226 of the Dirksen Senate Office Build-
ing.
SUBCOMMITTEE ON IMPROVEMENTS IN JUDICIAL
MACHINERY
Mr. DECONCINI. Mr. President, I\wish
to announce that the Subcommittee on
improvements in Judicial Machinery will
hold hearings on S. 2082, a bill to amend
title 17 of the United States Code deal-
ing with exceptions to the copyright law,
on August 20, 1980 at 9:30 a.m, in room
2228 of the Dirksen Senate Office Build-
ing.
COMMITTEE ON LABOR AND HUMAN RESOURCES
Mr. WILLIAMS. Mr. President, I wish
to announce that the Committee on La-
bor. and Human Resources has scheduled
a hearing on Friday, August 22, 1980, at
10 a.m. in room 44232 Dirksen Senate
Office Building, on the nomination of
John C. Truesdale, of Maryland, to be a
Member of the National Labof Relations
Board.
AUTHORITY FOR COMMITTEES TO
MEET
COMMITTEE ON ENERGY AND NATURAL RESOURCES
Mr. ROBERT C. BYRD. Mr. President,
I ask unanimous consent that the Com-
mittee on Energy and Natural Resources
be authorized to meet during the session
of the Senate'today to consider S. 2695,
a bill to amend the Powerplant and In-
dustrial Fuel Use Act of 1978.
The PRESIDING OFFICER. Without
objection, it is so ordered.
ADDITIONAL STATEMENTS
MARRIAGE TAX. PENALTY
? Mr. MAGNUSON. Mr. President, to-
day I am announcing my support and
cosponsorship of a measure designed to
rectify what? is currently an inequitable
situation among a large number of tax-
payers-married couples. Elimination of
the "marriage tax penalty" is part of a
package of tax measures I\am cospon-
soring and supporting in order to assist
individuals during these tax burdened
times and to spur investment and pro-
ductivity of small businesses.
Mr. President, I have been here in
Congress a long time, and I have heard
many arguments about changing the
tax laws in one way or another. However,
the one situation than appears the most
inequitable in terms of burdens to tax-
payers Is the "marriage tax penalty."
Under present law, when a husband
and wife file their tax returns, they usu-
ally end up paying higher taxes than
single persons or married couples in
which only one of the spouses works.
-Therefore, in those instances where both
the husband and wife earn an income
there exists a penalty against marriage.
When the Internal Revenue Code was
originally written, all wage earners were
treated alike for tax purposes whether
married or single. However, under some
State community property laws, married
couples were permited to file their Income
tax returns by splitting their income and
filing individual returns. This had the
effect of reducing their tax liability sig-
nificantly. In order to correct this in-
equity, Congress In 1948 changed the'tax
code to extend income splitting to all
married couples.
During the 1960's the growing single
population came.to believe that the in-
come splitting that had been granted to
married couples was in effect providing
a tax shelter to the one-income married
couples.
Recognizing this problem, Congress in
1969 again attempted to rectify this ap-
parent inequitable situation by lowering
the tax rates for single individuals. This,
however, did not end the controversy be-
cause it created another problem-the
marriage^ tax penalty. Lowering tax
rates for single individuals to compare
more equally to the one-income married
couple resulted in a situation where the
two-income married couple carried an
inequitable share of the tax burden. Mar-
ried couples find they must pay higher
income taxes being married than if they
were single and earning the same in-
comes.
This tax penalty has become increas-
ingly apparent and troublesome as more
and more families have both spouses em-
ployed in order to keep up with the rising
cost of living. In addition, the desire of
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