Document Type: 
Document Number (FOIA) /ESDN (CREST): 
Release Decision: 
Original Classification: 
Document Page Count: 
Document Creation Date: 
December 23, 2016
Document Release Date: 
December 2, 2011
Sequence Number: 
Case Number: 
Publication Date: 
June 25, 1986
Content Type: 
PDF icon CIA-RDP89B00297R000300630005-0.pdf8.41 MB
I _ Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 June 25, 1986 CONGRESSIONAL RECORD ; SENATE Mr. President, I ssk unanimous con- sent that a copy of a letter to Senator Doss be placed in the RscORD. There being no objection, the letter was ordered to be printed in the RECORD, aS follows: U.S. Sstverc, Washington, DC, June 4, 1986. Hon. Rosaar Dol.g, Mgjorily Leader, U.S. Senate, Washington, DC D~-a Bos: Oklahoma farmers are going to be Put in a real bind unless Congress takes immediate action to fund the Commodity Credit Corporatton. Today, the Commodity Credit Corporation (CCC), which funds gov- ernment farm programs, ran out of money. As you know, the Senate has included 15.3 billion to fund the CCC in its supplemental appropriations bill. However, the House in- cluded no additional funding In its supple- mental spending bill. As you may recall, an indefinite CCC appropriation requested by the Reagan Administration passed the Senate but was dropped In conference with the House. Such a measure would have pre- vented the need for periodic CCC supple? mental approPriatlona IL is Congress' responsibility to compen- sate the CCC for losses incurred beyond !ts !25 billion spending authority. On behalf of agriculture producers in Oklahoma and Chroueh the Hatton. I strongly urge your as- sistance and that of our.coLeagues !n ob- taining approval of the necessary CCC fund- ing. DON NICHLffi, U.S. Senator. Mr. NICKLES. Mr. President, it is the responsibility of Congress to com- pensate the CCC for losses. It Con- gress is to fulfill its obligation to the farmers of America, the ~ House and Senate must stay in session until the necessary CCC funding is passed and signed into law. This reminds me of a time last summer when I warned that unless Congress completed action on the wheat, section of the farm bill, Oklahoma farmers would be. unable to- make planting decisions based on pro? gram details. Farmers lost that round. Mr..President, how many times will congressional inaction result in a loss ?to the farmers of America? How often will Congress rebuff the Nation's No. 1 industry? Some of the PresIdent's advisers, have expressed opposition to provi- sions other than the CCC funding in the appropriations bill. I have asked several of my colleagues to join me in a letter to the President urging timely approval of legislation eontainiltg the necessary CCC funding. Mr. President, I ask unanimous consent that a wpq of this letter be printed in the RscoRD There being no objection; the letter was .ordered Lo be printed in the RscoRn, as follows: ' 17.8. Ssxera, _ .. ? Washington, DC, June 21, 1988. Hon.. Roxnlo Ranonx, President aI the United .States, The White House, Washington, DC. Ds~a MR. Passmserr: Boon, Congress may send you s supplemental appropriations bill containing sorely needed. Commodity Credit Corporation (CCC) funding. ADDroval of this legislation will ,allow resumption . of farm program Dayments, which have been IAtst December, you aDProved legislation authorizing five years of farm pi'ogratns. How, farmers are harveattng the first crop under the new law and are unable to receive program benefits. Mr. President, they want and need Lo be paid. To a great extient, the existence of rural families and cominunitiea hinges on timely farm program funding. Your advisers may urge you to veto the appropriations bill over a separate provision they find ob)ectionable. If ao, we urge you to act independently, considering a cost too often lost to bllllon dollar budget figurea- the human costa the American people will pay if farm Drograms remain unfunded. With this in mind. we strongly urge you to approve legislation containing the necessary farm program funding. Your consideration of this request 1s greatly appreciated: Dols NICKLEa, U.S. Seiealot: Mr. NICKI.ES. Today, we ~ must move on farm program funding legisla- tion so local ASCS offices can deliver on the promises made by Congress. A letter I recently received from an Oklahoma constituent clearly ~ states the problem at hand. I ask unanimous consent that the letter from E.O. Wheeler with Wheeler Bros. Grain Co. be printed in the RECORD following my remarks and I urge my colleagues to There being no objection, the letter was ordered to be printed in the RECORD, as follows? ~ [Mallgram] Wxr.~t Baos. Gans Co., WatonDa, OX, June 21, X1986 Son. Dox NICIU.as, U.S. Senate, Washington, DC. Daea SIa: The Oklahoma wheat harvest >s nearly complete. Our farmers need' to be able to receive the Government loan pay- ments. Many farmers have land payments aad,ather bills due July 1st. We verystrong- ly urge you to do whatever it takes~to see that.the local ASCB offices can start writing checks as soon as. possible. sincerely, E.O. W~ CONCLUSION.OF MORNING ? BIISINESS I. The PRESIDING OFFICER. Morn- ing business )s closed. LEGISLATIVE SESSION Mr. DOLE. Mr, President, I ask unanimous consent that the Senate resume legislative session. ? The PRESIDING OFFICER. -With- out objection, it is so ordered. ? -DIPLOMATIC SECIIRITY AND ? ANTITERRORISM ACT -i Mr. ' ~ DOLE. Mr. President, I ask unanimous consent that the.:Senate now turn to Calendar-Order No! 8bb, H.R- 4151, the diplomatic security bill. The managers ale here and prepared to~go. -. i S 8403 A bill (H.R. 4153) to provide enhanced dtp- lomatlc security and combat international terrorlstn, and for other purposes. The PRESIDING OFFICER. Is there objection to the request of the .Senator from 8ansas? There being no objection, the Senate proceeded to consider the bill which had been reported from the Commit- tee on Foreign Relations, with an :amendment to strike out all after the .enacting clause, and insert the follow- ing: S6tT/ON L SBORr Tfr7.& This Act may be cited as the 'Diplomatic Security and Antiterrorism Act 411988': 8BG L TABLE' OF CON7EN7S The table of contents of this Act u as Jol- louw: Sea 1. Short title. Sea 2. Table 41 contents. TITLE I-DIPLOMATIC SECURITY Sea 101. Short title. Sea 102. Findings and purposes. Sea 103. Responsibility of the Secretary of State. Sea 104. Bureau oJDiplomatie Security, Sea 105. Responsibilities qJ the Assistant Secretary Jor Diplomatic Secu- rity. Sea 106 Cooperation o> other Fedemi aped= ties. TITLE II-DIPLOMATIC SECURITY SERVICE Sea 201. Establishment 41 Diplomatic Seca-. city Service. Sec 202. Director 41 Diplomatic Security Service. Sea 20J Positions in the Diplomatic Seeuri- ty Service. TITLE 111-PERFORMANCE AND ACCOUNTABILITY_ Sec 301. Accountability review. sea 302. Accountability Review Board. Sea 303. Pr+oeedures. Sea 304. Findinya and r+ecommendationd by a Board. Sea 305. Relation to other proceedings. ._ .TITLE IV-DIPLOMATIC SECURITY PROGRAM Sea 101. Authotizationa ql appropriations. Sec 102. Diplomatic construction propmm. Sea 103 QualUYeationa of persona hired Jor the diplomatic corutrtiction program. Sea 101. Coat overruns. Sec 405. FJJiciency in contraetinp. Sea 408. Training . to improve perimeter se- eurtty at United states diplo- matic missions abroad Sea 107. Certain protective Junctions Sea 108. Reimbursement 41 the Department 41 the Treasury. TITLE V=STATE DEPARTMENT AU- TIYORITIES TO COMBAT INTERNA- TIONAL TERRORISM Sea '501. Rewards Jor irUormation relating to . international? narroterror- lam and drop trn,~ickiny. Sec 502. Counterterrorism Pmteetion Fund. Sea 503 Authority to control certain terror- . tam-related services. Sea B91. Short.title. . Sec .802. "FeUoroahtP program Jor tempoi!ary -. service at United States mis- .. -aiona in tht Soviet Union and ~Eaitern Europe. . . Sea 893 Fellowship Board. Sea 801. Fellowships Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 - Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 S 8404 Sec 605. Secretary of State. TITLE Vll-!lrSCSLLANEOUS PRDVISlONS CONGRESSIONAL RECORD ~ SENATE Stc. 701. Peace Corps authorization Ql aP- Propriations TITLE 1-DIPLOMATIC SECURITY sst: ?I. seoRT Ttrta Titlo I th-ouph !Y of Chia act may be cited as ll~e 'Diplomatic Security Act': S8C /at rINDINCS AND PUlPOBBS la/ FINDINas:-The Gbnprest Jirzdt and de- clares thal- l1/ the United States has a crucial stake in llte presence o! United States Government personnel repseaentinp United Starts inter- esta abroad; 121 aonditiona eoril'roatinp United States Government peraonnei and mirrtoru abroad are fraught with security coacerrLr which urill continue Jor the foreseeable future; and l3l the resources nom available to counter acts of terrorism and Protect sad secure United States Government personnel and missions abroad, as ~ve11 as Jor+efgn olJieials and missions in the United States, are inad- equate to meet the mounting thstat to such ptrsonnel and facilities. Ib1 PURPOSES.-The purposes of titles I throupt IV arse-- l1/ to set forth the responsibility of the Secretary of State with respect to the securi- ty of diplomatic operations is the United States and abroad; 121 to provide for an Assistant Secretary of State to head the Bureau al Diplomatic Se- curity of the Department Ql Stag and to set forth certain provisions nelatinp to the Dip- lomatic Security Service N the Department of Slate; IJ/ to maximize ooondinatiorz by flit De- partment of Stale urith Federal. Slate, and local apencits sad a0tnciea aJlbr+eipn pov- trnmenta in order to enhance security Pro- pram l4/ to promote atr+eupthened security meas- ur+es and to provide for the accountability uJ United States Government personnel with security-related reaporuibilities: sad I5/ to provide authorizations Qf appro- priations for the Department of State to carry out its reaporiaibilttiPa in the area of security and countesterrortam, and in par- ticular to finance the acquisition and im- provements of ifnited States Government missions abroad, tacludirzp real Property, buildings, facilities, and commuaicationa, {+lformation. and aeearitp systems. SdG /aR RB3I+DN9lBIl1T1 OP TAB tiBCRBTARY OF la/ SECURITY FuNCTIOEB.=Tht Secretary of State shall develop and implement tin con- saltatiou with tht heads of other Federal apeneiea haviap personnel or missions abroad uV(ert appropriate and within the scope of the resouscer made available! poli- cies sad propaam; including funding levels and standards, to provide for the security of United States Governmest operations 4f a diplomatic nature sad Joreigra povernmerrt operations of a diplomatic nature in the United States. Such policies and Programs shall inciude- I1/ protection Qf all United States Govern- ment personnel on official duly abroad /other than those personnel under the com- mand of a United States area military com- mander/ and their accompanying deperzd- ents; 121 establishment and operation al seeurt- tv J4(netiona at all United .States Govern- ' n~ent wtisstoru abroad !other than facilities or' iwstalladows mldect to the control a! a p , e n appo n ed by the Dfrector of United States area mil5itary corrananderl; to the Secretary ia. the exercise N the dole- Central Inleltipence. The Secr+ctary a! State 131 establishment and operation of aecurt- gated operational control. ~ shall designate the Chairperson q/ the tv Junctions at all Department ql State fa- r Ibl OTHER AGENClss.-The Pr+esident~ shall Board. Members of the Board mho are not cilitiea to the United States; and 1 prescribe sYCh r+epulattons as may be s families are the clearest symbols of lotion has several key components: their duties under this title, may be allowed AmeriCAn interests overseas and ~ are, It authorizes a total of travel espertaes, including per diem in lieu therefore, prime targets for interns- 81,10?,821,000 in supplemental funds o! subsistence, to the same manner as per- tional terrorists. I for fiscal years 1986 and 1987. sons employed intermittency in the Govern- I think it is partieulaziy important It establishes within the Depart- ment service are auowed expenses under sec- meet of State a Bureau of Di lion 570.4 N tine S o1 the United States Code. to point out that, while most people plomatic sac. ssi. PBtt.owsxiPS associate American missions abroad Security to be headed by an Assistant lal tVUMBER.-Up to 100 fellowships may be with the Department of State, in I fact Secretary with overall authority, t0 provided ender this true each year. more than 70 percent of the personnel manage the .worldwide Security Pro- Ib/ REMUNERA770N AND ParuOD.-The Board of the average Embassy are employed gram. ahau determine, taking into considesation by other U.S. Government agencies. It establishes a Diplomatic Security the position in which each Fellow will serve About 30 II.S. Government agencies Service as a professional career path and his or her experience and expertise- have employees overseas representing in the Department of State. Ill the amount oI remuneration the Fellow American foreign policy interests, Cana- It establishes an Accountability urill receive Jor his or her service under this tttl~ and lyzing international economic develop- Review Board to investigate breaches 12/ the period oI the leuowshtp, mhtch meets, promoting the export of Alneri- of security where there are inturies, ahaU be between one ana two years. can products and services, and serving loss of life or serious destruction of Icl TRAINING.-Each Fe11om may be given in g wide range of other duties. ~ property. appropriate training at the Foseign Service The U.S. Government has about The bill also contains strong prefer- Inatitute or other appropriate institution. Id/ HousiNa AND TRANSPORTATION.-The 17,000 Americans serving overseas in ence for the use of American compa- secretary NState shalt, pursuant to regula- diplomatic missions and another ap- nies in the construction protects and it lions- proximately 31,000 foreign nationals. bars from these protects any company ? Ill Provide houaittD Jor each Fellow while These numbers do not include person- doing business with the .Government the Fellow is serving abroad including eel sit military bases who are not in- of Libya. Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 - - - +. Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 CONGRESSIONAL RECORD ~ SENATE The committee considered numerous pieces of legislation dealing with the broader issue of terrorism. Three sec- tions were included in the bill that avere contained in the House-passed measure with slight modifications. One section adds a new provision to the current terrorism rewards-for-in- formation fund to permit. rewards leading to the arrest and prosecution of major narcotics offenders for nar- cotics-related offenses committed over- seas. Included In these offenses are the killing or kidnaping, or the at- tempted killing or kidnaping, of U.S. personnel and their families because of their connection to U.S. enforce- ment and contml programs. An addi- tional 55 million is authorized for the rewards-for-information program for 1987. A second terrorism-related section permits the Secretary of State to regu- late the provision of technical services to the law enforcement or security forces of countries defined as support- ers of terrorism under the terms of the Export Administration Act. This provision narrows an original adminis- tration proposal which arose out of the Wilson-Terpil case and created some controversy by its vague defini- tion of supporters of terrorism. The last terrorism-related section in the bill permits the Secretary of State to make reimbursements for the pro- tection expenses of those who have provided information relating to ter- rorist Incidents outside the IInited States. This section augments the Ad- minLstration of Justice Program by providing protection to witnesses in those instances where the United States has lent special assistance to the investigation and prosecution of a case. This bill also has a provision for a fellowship program for United States citizens to work at American diplomat- ic missions in the Soviet Union and Eastern Europe for 1 or 2 years. This program, named after House Foreign Affairs Committee Chairman DarrrE FescEti., would serve two important purposes: First, it would allow American stu- dents, teachers, and scholars to study the Soviet Union and Eastern Europe- an countries firsthand, a .valuable re- source to the United States. Second, the Americans .in this pro- gram would replace some Soviet and East bloc nationals working in our Em- bassies, thus increasing the overall se- curity at these posts. The cost of this program would come from the State Department's sal- aries and expenses account and no ad- ditional authorization is necessary. Finally, this bill also has an amend- ment, added In the markup, to author- ize anadditional 5?.2 mlllion for the Peace Corps in fiscal year 1987. This amendment, which increases the Peace Corps' total authorization to 5137.2 million, was proposed by Sena- tor Doaa and cosponsored by Senator KxxrtY and Senator Evnxs. The objec- live of the amendment is to allow the Peace Corps to begin implementation of a 6-year plan to increase itsi volun- teer force which Congress requested in Public Law 99-83 in 1985. ~ Mr. President, I would like to pro- vide some additional details on the budget and the process by which the committee arrived at the authoriza- tion levels. As I said earlier, we studied the budget request in great detail. The budget submission provided by the State Department is more than 300 pages and each line item has a! narra- tive to describe the particular expense and the reason for the request. In examining the State Department request, we considered two main com- ponents: the total amount-54.4 bil- lion-and the period of authoriza- The committee decided that a short- er authorization period was necessary in order to fulfill our responsibility to those who represent our Government overseas and taxpayers here at home to see to it that the money is spent in the most efficient and effective manner. During the coming year, we will be examining the budget very closely to monitor the State Depart- ment's performance with these funds and funds received in previous) years. Then, during the next, regular 2-year authorization process, we will respond to the situation and the needs at that time. ~ Another reason for the shorter au- thorization period is that this program is much larger than ans~thing the State Department has undertaken before and we want to be in a position to positively influence the Security Program should changes be necessary. As to the amounts of specific au- thorization, the funds are intended for the following four categories: ~ For salaries and expenses, 5243,1?5,000. In this category, the committee has made clear to the De- partment of State that the 'money should be spent on personnel and pro- grams directly related to security. Nonessential items were cut back or eliminated from this authorization. This category has such important Items as perimeter security for Ameri- can missions, Marine guards, Seabees and security training. Also included here is money for counterintelligence and communications security, as area which the Inman Panel Identified as needing special attention and ~ which the committee agrees should have For the acquisition and maintenance of buildings abroad, 5857,806,000. With these funds the State Department will undertake the construction or renova- tion of diplomatic posts overseas and incorporate into these buildings new security systems and equipment. The cost of these individual projects is high because of the unique security re- quirements of American diplomatic posts and the need, in some cases, to acquire additional land to set back the buildings 100 feet from main roads, as S 8409 security experts and Inman Panel rec- ommend. In this category again, we have made it clear to the State De- partment that it should not spend this money on nonessentials and it should be very, very careful in its planning of new buildings to avoid costly designs that contribute nothing to security or basis building needs. For counterterrorism research and development. 52,000.000. The technol- ogy which terrorists have used against our interests is not static but will change and become more dangerous. Therefore, we must continue our oan research to anticipate and negate whatever threats we will face in the future. For antiterrorism assistance, 54.840,000. This money is for the con- tinuation of a program that provides training and equipment to help for- eign governments improve their ~ anti- terrorist capabilities. This program also acts as an incentive to other coun- tries to cooperate with the United States and other friendly governments in combating international terrorism. Mr. President, the Committee on Foreign Relations had two objectives in formulating this supplemental au- thorization. The committee wanted to authorize a program which mill sub- stantially increase our ability to pro- tect our people and our interests over- seas. The committee also wanted to authorize a program which accommo- dates the tight budget situation which we are all facing today. This supplemental authorization achieves both of those objectives and I urge my colleagues to vote in favor of the Diplomatic Security and Anti-Ter- rorism Act of 1986. The PRESIDING OFFICER (Mr. GoLawnxsx). The Senator from Rhode Island. Mr. PELL. Mr. President, I join the chairman !n urging the Senate to pass the Diplomatic Security and Antiter- rorism Act of 1986. This bill, H.R. 4151, would authorize an appropria- tion of 51.1 billion for fiscal year 1986 and 1987 to initiate the administra- tion's 5-year 54.4 billion security en- hancement program. This project is designed primarily to finance the ac- quisition and construction of over 70 new chanceries, consulates, or resi- dences and the renovation of ari addi- tional 170 posts. In addition to this ambitious construction program, the administration, through this legisla- tion, hopes to: First, consolidate all of the overseas diplomatic security responsibilities in the Department of State and create a new bureau for this purpose; Second, establish a board of inquiry and accountability to review security breaches and to recommend action against negligent personnel; Third, increase the protective serv- ices provided by the Department of State for foreign official visitors and diplomats within the United States; Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 t Fourth, strengthen the residential security provided for II.S. employees at high threat diplomatic posts; Fifth, increase the staff and training of security personnel in the State De- partment; and Sixth, provide add4tional and hn- proved technical security and coalinu- nications equipment to reduce the ?tll- nerability of US. diplomatic missions Lo electronic penetration. Mr. President, there is no question that we must do all th~st ie possible to provide adequate protection for Amer- ican personnel abroad. Americans are being attacked in larger numbers and S 8410 June ,~5, 1986 drunk driving as of terrorists, but the very fact of Americans working for their Govertlstle3Qt being at risk I think is a fact that are should prevent In this regard, with regard to the total number of casualties, I asR unan- imous consent to Insert Into the RECORD at this point a table prepared by the Department of State on II.S. casualties caused by International ter- rorism, 1968-85. There being no objection, the table arcs ordered to be printed in the RECORD, 83 folloa7s: 1966 1969 1910 1971 1972 1473 1971 1975 1476 1911 1478 1979 1980 1941 1982 1983 198! 1965 IpdeO S1~ iadl dad..........___..,.-._........ S 3 6 1 23 ?3 12 p 7 1 9 15 9 1 0 711 11 TO 7ohr ~ae~d... _... (0 3 N 23 33 2 ll 70 32 ~ 7 I] 11 17 !0 71 115 3I 106 Ti1d Y.S. aeol6a...._.__.. i5 6 20 21 50 E 59 96 39 ~ 11 30 36 26 !1 M 380 !2 T00 Mr. PELT. In July 1984, in response to the increasingly visible problem of state-sponsored terrorism, Secretary Shultz created an Advisory Panel on Overseas Security, chaired by Adm. Bobby Inman. Other members of the panel were Senator WsttR$ta Rtmb~tt of New Hampshire: Ambassador Anne Armstrong, cha,irpersoa of the Presi- dent's foreign intelligence advisory board- Congressman Dwt9 Mtcs from Florida; Lt. Gen. D'Wayae Gray, U.S. Marine Corps; Ambassador Larry Ea$- leburger, Robert McGuire, chief eaeca- tfve officer of Plnkerton's Inc.; and Vieta3? Dikeos, former director o? secu- rity and of the multinational force fr> Rome. This panel was created to review our security posture and to chest a course of action for the U.S. Government to take is better defending our personnel and buildings abroad Our current de- fenses were simply inadequate. A more progresstve plats to combat the scourge of terrorism eras needed. In J>sne 1985, the Inman panel sub- mitted its coQlpreltensive study and 109 recommendations. 1>dost of these recommendations which cover a wide range of physical and technical securi- ty, intelligence, organization azYl dip- lomatic efforts to combat terrorism were accepted by the Department of State. H.&. 4151 is designed to imple- ment the Inman recommendaSion. In addition to the Department, many other agencies with personnel and in- terests abroad contributed to the de- velopment of this legislation. This bill has broad bipartisan sup- port. It passed the Democratic House by a vote of 389 to 71. Therefore, I urge my colleagues to support this bill. Tile lives of Americans working abroad may depend upon it. The PRESIDING OFFICER. The Senator from Maryland. Mr. SARBANES. Mr. President, I rise in support of Lhis legislation, now pending on the floor, to provide and their request very rsrefully, to caused` es it, to put priority items first; in the process of making that judgment, they came up, in effect, with band 1 recnsn- mendatinns. To provide as authoriza- tion for that band would have re- gwired an increase of about 25 percent o'er arhat is contained in the bill. 1 made such a propoa3l in~ the commit- tee. It was not adopted-regrettably, i3s my view, because I db think this is an extsetnely important program, one tLat Congress needs to stand beitirtd. We had the benefit of the State De- partment's jvdgmerrt as to what were the priority items and I thought it better to accept their evaluation Items rather than for Congress, in effeG, to sttbstitute its own judgn~enL I am hopeful Lhat when this matter goes to conference, we ~ be able to arrive at a figure that rests upon some solid basis for meeting the recommendation from the executive branch to Coongress as to the suthoriaation that is abso- lutely necessary. It seems to me that when the executive branch is really pushed to provide their top priorities, ss was done with respect to this band 1 recommendation, Congress ought to go along with it. Thfs IS a program with which a+e should be penny-wise, because I' be- lieve we will end up running a very high risk: We will not only be pound- foolish in terms of the expenditure of money, but lives a>iD be at risit. The fact of the matter is that our diplomatic personnel serving in over- seas posts are probably as much aL risl[ as anyone serving fn the II.S. Govern- ment under current circumstances. Tile figures on the number of d"Lplo- matic personnel who have been killed or injured over the last decade, as we confront the problem of international terrorism, are sufficient to cause sot .only concern but alarm. I think it is very important that we are now Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 -- E Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 June 25, 1986 CONGRESSIONAL RECORD i ~ SENATE moving in a? forthright way to deal with this problem. The pending legislation seeks to do that. It does not go quite as far as I think it should have gone. I sm hope- ful that when we resolve the differ- ences between the House and the Senate, we will be able to do better. This is an extremely important pro- gram. I know Members appreciate that. ^ 1220 There is an understandable tendency to focus on this program and its im- portance in the immediate aftermath of a particular incident, of a loss of life or an attack. We must also Lake the longer view. It is very important for Members of Congress and indeed the Nation to comprehend and appreciate the importance of the very well thought out and considered recom- mendations of the Inman panel, Con? gress and the country must stand behind the program on a sustained, continuing basis in order to do what we can to enhance diplomatic security and to provide the maximum protec- tion possible we can for our personnel. Mr. President, I yield the floor. AMENDMENT NO. S 1 T 4 Mr. DURENBERGER addressed the Chair. The PRESIDING OFFICER. The Senator from Minnesota. Mr. DURENBERGER. Mr. Presi- dent. Isend anamendment to the desk and ask for its immediate consider- ation. The PRESIDING OFFICER. The clerk will report. The assistant legislative clerk read as follows: The Senator from Minnesota [Mr. DoRECt- 9EROER7, for himself and Mr. LEAxY, pro- poses an amendment numbered 2172. Mr. DURENBERGER. Mr. Presi- dent, I ask unanimous consent that further reading of the amendment be dispensed with. The PRESIDING OFFICER. With- out objection, it is so ordered. The amendment is as follows: On page 107, in line 15, delete "E245.327,000" and insert " 3283,104,000." On page 108, between lines 20 and 21, insert the following new subsection: "(e) ALLOCATION OP FUNDS roR CERTAIN SE- CiTRIT7C PROGRAMS.-Of the amount of funds authorized to be appropriated bl' DaragrePh (a>(1)(A)(i>, E34.537,000 shall be seailable only for the Drotection of classified office equipment, the expansion of information systems security. and the hiring of American systems managers and operators for comput- ers at high threat locations. Mr. DURENBERGER. Mr. Presi- dent, Irise in my capacity as chairman of the Senate Select Committee on In- telligence to propose the amendment before us. I ask urlallimous consent that in addition to my colleague, the Senator from Vermont [Mr. LEAIIY], who is the ranking member and the vice chairman of the Intelligence Com- mittee; Senators Coxsrl, MIIaxOWSKI, HECxT, McCoxxELt, and B>rrr'rssx also be included as cosponsors of the amendment. The PRESIDING OFFICER. With- out objection, it is so ordered. Mr. DURENBERGER. Mr. Presi- dent, I will be very brief, I will begin by complimenting my colleagues on the Foreign Relations Committee for the difficult task they have undertak- en over the last year-and-a-half Ito deal with the Issues of diplomatic and em- bassy security, not an easy task, and always a task that has resource param- eters pressing. So I compliment the chairman of the committee and the ranking member of the committee for the excellent job that they and mem- bers of the Foreign Relations Commit- Mr. President, the Diplomatic Secu- rity Act is an incredibly important measure. In the wake of the Beiruit bombings and numerous other ~ terror- ist attacks, our willingness to create a Bureau Of Diplomatic Security and to authorize funds for better security is a crucial, tangible commitment of Con- gress to United States interests around the world. Without this concrete com- mitment to security, our Nation' will be unable to maintain its active 'role in the world's capitals and centers of Just as we support the Nation's de- fense, so must we now support it diplo- matic security. Our diplomatic pres- ence abroad is truly the first dine of our defense. It enables us to seize op- portunities for cooperation and for the amicable settlement of disputes with others. It saves us from having to resort to military measures, land it paves the way for the efficient use of our armed forces when that is~ neces- sary. We cannot-and must not-do without an active, assertive diplomatic presence overseas. While much of the authorization in this bill is to improve the physical se- curity of U.S. diplomatic facilities against the terrorist threat, some of the funding covers the important need for technical protection againstlhostile intelligence services. As our Embassies have adopted modern methods of com- munication, out' adversaries] have adopted modern methods to penetrate those communications. If our (secrets are not Lo be -compromised, we must improve our defenses against those hostile efforts. We must not scrimp on this protection. The compromise of sensitive information, whether ~ it con- cerns secret negotiations instructions or embassy security plans, can ~threat- en American interests as severely as that we appreciate the inherent link between technical security andl securi- ty against terrorism. Counterterrorist plans do not emerge out of thin air; they are aTitten, discussed, slid may well be stored in computers. Seemingly innocent information from people's conversations, communications or data bases can be of tremendous help to terrorist plotters or Lo the states s s-~ii that support them. And frankly, no physical security system it foolproof. It is of the utmost importance, then. to safeguard the information about our physical security efforts so that terrorists will not discover mays around them. The technical security programs that this amendment sup- ports are a vital link in the chain of defense against terrorist attacks on U.S. facilities overseas. The Foreign Relations Committee has subjected thLs bill to intense scru- tiny and significant reductions. I can well appreciate the need, in a very dif- ficult year from the budgetary stand? point, to pare doaa expensive building proposals. But these technical security programs are relatively loa?-budget items that are well worth the funds they require. They are needed now, and they can be implemented now; they are not dependent upon the pace of new Embassy construction; and they can all be accommodated a7thin the levels prescribed in the report of the committee of conference on the State Department supplemental ap- propriation. Now that the conference report on the urgent supplemental has adopted a "salaries and expenses" figure that would permit full funding of these programs. we on the Intelli- gence Committee strongly urge our colleagues to earmark some of that figure for these programs. There are three technical security areas that merit this special attention: protection of classified office equip- ment; expansion of information sys- tems security; and hiring of U.S. citi- zens Lo manage and operate Embassy computers in high-threat locations. This amendment would provide 534.6 million for these programs, compared Lo the 512.6 million recommended by the Foreign Relations Committee. The amendment would delete another 57.7 million requested by the State Depart- ment that could not reasonably . be used by these programs in fiscal year 1987. These programs all respond to con- cerns raised by Admiral Inman's Advi- sory Panel on Overseas Security, and also by the Select Committee on Intel- ligence in our yearlong study of U.S. counterintelligence and security pro- grams. Several of these programs grow out of efforts that were supported by the 535 million supplemental appro- priation Lhat Congress enacted last year at the urging of the Intelligence Committee. - Mr. President, security has long been the stepchild of our bureaucra- cies. It is inevitably seen as a sidelight, taking resources away from major mis- sions and making people's lives more difficult. But security is essential, and events of recent years have made that terribly clear. In the past year, dec- ades of bureaucratic inertia have been overcome and the Government has begun programs to improve the securi- ty of both persons and programs. Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 i --- -- i Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 S 8412 bum. Programs that we have called for are beginning to appear: now we must fund them and support them. The payoffs grill be real but invisible. They wW be terrorist plots that fail, or that are rejected by the terrorists them- selves; they wW be intelligence coups that our enemies never achieve: they will be state visits that are unmarred by security problems, buildings that are neither bombed nor broken into, and secrets that remain secret. This is a silent war, and the techni- cal security programs that this amend- ment supports are a crucial movement of forces in that campaign. I urge my colleagues of the Senate to enlist in this Campaign by supporting this amendment. Mr. President, I also have a detaffed description of the programs that this amendment supports. I ask unanimous consent that it be included ]n the Racoitn at this point. There being no objection, the de- scription was ordered to be printed in the Rl,cotin, as follows: . Paoracrtorr or Clr+sslrim Orrlcs Egvlrxexr Emanations from electronic equipment can be intercepted and converted from elec- tronic impulses into human language. In the past. reco?ttlUon of this vulnerability has led Lo extraordinary physical and electlortic protection for communications centers and communications equipment at overseas posts. Recent events have highlighted an- other Important area of vulnerability: ~~~er~ ception of emanations from Lypewrltens and adfice equipment that are used to process classified lnformstton. To address this prob- lem, the State Department has developed a coordinated Program Lo protect classified office equipment. The equipment protection program has . four parts: product certification: secure transportation with State Department Couriers: sec[tre handling of rena(r inhc un.t ,pens t7sa,t+oo m risrctl dear 1Hia7. The Por- elgn Relations Committee woabd authorize v.s. tawxecaaa alrt+ orsiaaraas or W rcna ~r ftICA-rftrur-? LOCA'rsoiri The State Department opersteal large minkomputer systems and ama11 ofLiace in- formatlon (word proceasffig) systeals to many overseas Doestlons. While these are ?~~cl~. ified systems, some conta.ai sensitive Information, particularly s;hen the informa- tion to several tiles can De accessed acid ana- lyzed in the aggregate. Dne?essified systems at high technical threat 2otations are ~~pe~ tiarly vulnerable, and foreign nationals are currently involved In thr slarlagement and operation of aystema is Llsoae laeatioas. The State Department has deslsansted certain countries es high technical threat locations based upon reported efforts of other~COUn- tries to penetrate electronic systems in those locations. Admiral Itrtnanb Advi$orY Panel on. Over seas Security recommends that no foreign national employee have access to an auto- mated infolntation system at gay II.$. Em- bassy, and the State Department proposes at least to eliminate such foreign nstionais es managers and operaWra of the ;equlp- ment in high threat arena. 6tate Depart- ment requested E7,I24,000 for this program over two years, and we estimate that they could usefully spend their loci FY 1987 m guest of !15,548,000. The ~gn Relations Committee would authorise only =1,578.900. Mr. LUGAR. Mr. President, I rise in support of the amendment front the distinguished chairman of the Intelli- gence Committee. The Foreign Rela- tions Committee and- the Intelligence Committee have ttbaasulted with regard to the wisdom of this amendment and come to a unanimous pofat of ~ view that it is in the best interest of this Legislation and therefore the are pre- pared ~to accept the arnertdme i on this side. Mr. FELL. Mr. President, I concur in Lhe view of otu chairman. I think it is a good amendment. It ii being joined security practices. Mew tecltaical equipment Relations Committees. However, is required in each of these areas, as well as before acting on it, I ]tnow that fay more couriers, inspection personnel, and Colleague, the Senator fIO)4i Vermont contracts for secure repair of the office [Mr. LrexY], would like to CoEninent cu .ua,w ~,vw over two Years Ior tnra pro- I Slt$geSt the absence Of a Q1,iOTiil gram: we estimate that they can usefully The PRESIDING OFFICER. The spend i,28,2Z7,000 in fiscal year 1987. The ~~,k will 0811 the roll. Foreign Relations Committee would sntlaor- ~ only t1o,846,000. The assistant legislative clerk pro- sxrerrsiox or Ixrolu~-riorr sxsr~s needed to call the roll. sscvalrY >ltr. LEAHY. Brir. President. I ask The Department of State and other for- ~siilmous consent that the sell of the sign affairs agencies are rabidly increasing Quorum be dispensed with. tfieir use of computers and word processors The PRESIDING OIoF'ICER. With- overseas. Admiral Inman's Advisory Panel out objection, it is 30 ordered. on Overseas Security notes that this in- ~, I,EAHY. Mr. President, I I de- crease is being acmmpanled by a document- lighted to cosponsor this amendment ed increase to the hostile electronic intelli- with my distinguished colleague, the ?ence threat at those overseas facilities. chairman of the Intelligence Commit- Currently, however, there are few State De- partment persamref available to work on tee, Senator Dt7x>;rtstsx(mlt. Isee 11i the tats Probiern, and none at the Regional Ad- chair the distinguished senior Senator ninlstrative >![anagement Centers to which from Arizona and former chairman of embassies typi~cally+ turn first for help in the Senate Intelligence Gbrrunittee. I managing offcee systems. know both of my colleagues are ~ well The Department of State proposes to aware of the security considerations assign.atx computer security personnel and reflected in this artieixirnent. IThe one administrator to its three Regional Ad- Durenberger-Leah m-nisttat-ve Mana>9ement Centers and two Y amendirteirt to the June L5, 1956 technical security programs. Current- ly, the bill provides only E1254 million for these programs. Our amendment earmarks an additional E21 million, almost E22 million for tecltnica! securi? ty improvements to our Embassies. The security of otir Embassies and consulates abroad is a criti(~,1 -matter !or all Americans, certainly to any of those who have visited abroad. It has been one of the first things mentioned to me by our ambassadors or our security people. Lt is important for those who serve our country abroad, for those aiho use American facilities when they travel anal really for each of us who care about Ameri- ca's ability to pursue 8dI effective for- eign policy. We bare to protect our fa- cilitfes abroad so that we can continue to influence and assist and d0 business with other people in the world_ We are the preeminent nation in the world We have to be able to carry out our re- sponsibilities worldwide. In an age of modern terrorism, Lt ss not enough to bar the doors or to but- tress walls or to hire more guards Ter- rorists, and those who aid them, espe- cially when it is State sponsored ter- rorism, can and do subject U.S. facili? ties to intensive surveillance, esror- mous surveillance. They seek to under- stand our security measures to deter- mine their weak points. If we fall to protect the information about our se- curity practices, we make it thzt rt~uch easier for terrorists to attack us. Now, the State Department, re- sponding to the recommendations of Admiral Bobby Intnan's Advisory Panel on Overseas Seeairity, has pro- posed some excellent programs Lo im- prove the security of communieati,ons and computers in U.S. }baibassies. These programs are aimed as making sure that the typewriters acrd word processors handling classified informer Lion do not fall inSo hostile hands. Certainly, es vice chairman oS the In- telligence Committee, I understand the concerns we have about that, as do the two distinguished Senators, the Senator from Minnesota and the Sena- tor from Arizona. ^ 1230 These progisn~IS are afined at making sure that the typewriters and word processors handling classified Infortina- tion do not fall into hosti'}e hands. They will put Americans m dzarge od the computers in i3.S. Embassies; anther than leaving reams of sensitive information in the hands of foreign employees wh+o may actually be hostile htelligence agents. and ofteatiates are, and they wfil provide cotsrpttter se` 'ty experts, bath at headquarters d fn regional catltmurricatfons suss rt centers. These are Lhe most basic security measures, They case be iir:- emented to our current Embassies computer security people plus air admistis? Diplomatic Security Act would ~ ear- }Mead of waiting for ne~v cures to' be Lrator for headquarters. They requested mark E34,537,i>DO in the diplomatic se- ilt, and they can be funded ar#thout 11,872.000 for two years, but could usefully curity bill for three very fmportant CONGRESSIONAL RECORD -~ SENATE Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 I June 25, 1986 CONGRESSIONAL RECORD -SENATE S 8413 adding to the overall total authorized recently introduced, which was S. him for his favorable consideration in this bill. They deserve our support. 2508. This would repeal a District of and the unanimous approval that this Today we are going to vote on au- Columbia Code, and the section subcommittee gave to our bill. It also thorizing E1.1 billion for overseas secu- number is 22-1115. This local law for enjoys the sponsorship of Senator rity through f[scal year 1987. The the District of Columbia Makes it a DECoxcrxr and the cosponsorship of E34.537,000 that our amendment ear- crime to congregate within 500 feet of Senator DENTON and Senator EesT. In marks for high-priority technical secu- an Embassy and to refuse to disperse addition, I have heard of no opposition rity programs is only about 3 percent when ordered t0 do so by the police. to this proposal . of the bill. I believe that the State De? In effect, S. 2508 would replace the I defer to Senator DErrrON, if he partment can squeeze that amount out local law with a more recent and more would like to make some comments on of its construction budget. Surely this comprehensive congressional statute this amendment, of which he is a co- il not too high a price to enhance codified in the Federal criminal law, sponsor. technical security in those new embas- and that was put on the books in 1972. Mr. DENTON. Mr. President, I sy buildings this bill will fund. The Federal statute protects foreign thank my distinguished colleague Let us make sure that our computers diplomats [n all 50 States in this coon- from Iowa. I strongly support Senator and word processors are in the hands try, such as New York, where the Gxessr.E3r's amendment to H.R. 4151. I of Americans, not hostile agents, as headquarters of the United Nations is, am proud to be a cosponsor. they have been many times in the and the home of many foreign diplo- ~ Senator GxnSStEY mentioned, we past. The amount of money we are mats of ambassadorial rank. ~Thls 1972 did clear the bill unanimously 2 days talking about is a tiny fraction of what law prohibits activity within 400 feet- ago in the Subcommittee on Security a?e would lose if we do not do that. as compared to the 500 feet of D.C. and Terrorism, which this Senator As a member of the Appropriations law-of a diplomatic facility when it is chairs. In doing so, we noted that Committee, I emphasize that our designed to threaten, harass, coerce, there was a bipartisan feeling on the amendment is within the figures or intimidate those entering or those subcommittee that in our haste to im- agreed to by the conference committee leaving such a facility. prove the security of embassies, the ae- on the urgent supplemental appropria- Congress did not extend this law to curity of airports, the security of Gov- tion. As a concerned citizen, I am con- the District of Columbia, because it vinced that this sign of our detetzriina- was said at that time that th'e District ernment installations around Wash- tion to strengthen technical security is already had sufficient law, and it was ington, and the security of our citizens a vital part of the effort to improve evidently thought to be similar to this around the world, we must taste care- our security against hostile intelli- 19721aw. I ful consideration to avoid infringing Bence services and terrorist organize- However, the fact is this: The Dis- on first amendment rights. lions. I urge the floor managers to tract of Columbia law is in no way Mr. President, this amendment accept this amendment and my fellow similar. Unlike the Federal law, D.C. would repeal the District of Columbia Senators to support it. law prohibits more than two people law' which makes it a crime for more Mr. DURENBERGER. Mr. Presi? from standing in front of an Embassy, than two people to congregate within dent, I thank my colleague. On its face, this law, it seems to me, 500 feet of an Embassy if they fail to The PRESIDING OFFICER. The infringes upon our constitutional right leave when ordered to do so. question is on agreeing to the amend- of freedom of speech and freedom of By repealing that law, we permit the went. assembly, I embassies in Washington, DC to fall The amendment (No. 2172) was Moreover, we have had selective en- under the same law as is applicable in agreed to. forcement of the D.C. statute. That the 50 States, which prohibits activity Mr. DURENBERGER. Mr.. Press- has resulted in the arrests ofd peaceful within 100 feet of a diplomatic facility dent, I move to reconsider the vote by demonstrators-arrests that have when it is designed to threaten, which the amendment was agreed to. taken these people, so (arrested, harass, coerce, or intimidate those en- Mr. LEAHY. I move to lay the through as ordeal of prosecution, tering or leaving the facility. motion on the table. trial, sentence, and, in sorrie cases, Senator Gxessra'Y mentioned that The motion to lay on the table was even imprisonment. the current Inconsistency in the law agreed to. It is grossly offensive to o I consti- could prohibit peaceful demonstrators enartDE~ti PO. 5179 tutional values lIi this country t0 sub- from congregating and expressing that Mr. GRASSLEY. Mr. President, I ject a U.S. citizen to prosecution which they are entitled to by their send sn amendment to the desk and simply because he or she stands peace- first amendment right. I appreciate ask for its immediate consideration. fully on a public street holding a sign his efforts in Lhis matter. I should The PRESIDING OFFICER. The that might say something like "Russia note that Senator DECoxcrxr has amendment will be stated. Get Out Of Afghanistan," or have the worked closely with me and with Sena- The assistant legislative clerk read word "Solidarity" on it, or have the for LEaxsr on this and on a number of as follows: words "Apartheid Is Evil." legislative initiatives which do improve The Senator from Iowa [Mr. Ganssr.arl. There is no reason why professional antiterrorism propensities in our coun- tor himself. Mr. Dexrow, and Mr. DBCox- diplomats in the District of Columbia D'y cixr, proposes an amendment numbered need more protection from seeing such I thank Senator GRnsSLEY for his 2173: demonstrations than, say, those locat- leadership and for yielding to me. At the appropriate place in the bill add ed at the consulates in New York or Mr'. GRASSLEY. Mr. President, I do the following new section: That (a) pars- Chicago or Los Angeles. not see way of my colleagues dtsiring graph (3) of subsection (b) of section 112 of What I have sent to the desk is, of to comment on this. It is my under- tttle 18, Unites States Code, is amended by course, the contents of S. 2508 in standing that this amendment has striking out "but outside the District of Co- amendment form. Its adoption will been approved by the managers of.the lumbia and". (b) The Act entitles '?An Act to protect ensure uniform treatment of Embassy bill. If that is true, maybe we caw have foreign diplomats and consular officers and Droperty and personnel, while at the adoption of the amendment. the buildings and premises occupied by same time it ought to protect impor- Mr. LUGAR. Mr. President, I am them in the District of Columbia", approved tent constltutlOIIal rights Of U.S. Citl- pleased to say that the Senate, I February 15, 1938 (52 Stet. 30: D.C. Code yens, think, will be well advised to adopt the 22-1115 and 1118) is repealed. Mr. President, the bill I have re- amendment of the distinguished Sena- tor. GRASSLEY. Mr. President, I ferred to, S. 2508, was favorably re- for from Iowa. He has long been a thank Senator DECoxcrxr and Senator ported recently by the Security and champion of the peaceful rights of DExrox for cosponsoring this amend- Terrorism Subcommittee of the Judi- Americans to assemble wad make went with me. cia,ry Committee. That committee is known their points of view. He has This amendment is a product of leg- chaired by our colleague Senator from brought this issue to the floor on nu- islation that Senator DECoxerxr and I Alabama [Mr. DExroxJ, and ;I thank merous occasions. Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 i ~ i Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 S 8414 Working in cooperation with the dis- Linguished chairman of the subcom- mittee of the Judic[ary Committee, on terrorism, Senator Dsxrox has done much excellent work in this area. I believe Lhey have come forward with a suggestion that merits our ap- proval. We are prepared to accept the amendment on our side. Mr. PELL. Mr. President, personally, I have some doubts here because I vis- uailze not just peaceful demonstrators but overseas where you have angry Problems sometimes surrounding our Embassies. I wish to keep them as far away as we can. I hope if we accept this amendment it will not be used as an example or a precedent for other nations and other parts of the world to let mobs get closer as is the case now. However, In view of the hard work concession to first amendment privi- cc> The table of contents at the beginning of such.ACt fs amended by inserting after ...e ~..,_ ..._ __~,__ .....~_ ._..-- ,- tPurpoae: To amend the Atomic Energy Act .Item. of 1954 to provide for the Halloos! securi- sac- 149. Fingerprinting for security clear- . tY by allowing access to certain Federal ance.". critnlnal history records) Mr. DENTON. Mr. President. this Mr. DENTON. Mr. Presid Int, I send amendment to H.R. 4151, which I an amendment to the desk and ask for offer on behalf of Senator LEAxY and amendment will be stated. curity and Anti-Terrorism Act, a bill The legislative clerk read I follows: which I introduced on January 24, The Senator from Alabama [Mr. Dnvz'oIV] 1985. On September 12, 1985, the for himself and Mr. I.EAIIY proposes an Senate Judiciary Committee unani- amendment numbered 2174. ~ mously reported S. 274 with wide bi- Mr. DENTON. Mr. president, I ask Partisan support- The bill was then unanimous consent that further read- considered by the full Senate on Octo- The PRESIDING OFFICER. With- The purpose of the proposed Nucle- out objection, it is so ordered! ar Power Plant Security and Anti-Ter- rorism Act amendment Is to provide The amendment is as foll w o s: adtninistratlon, and I believe certainly At the end of the bill Insert the following: for the national security by granting 1n America they are absolutely correct, IfATIONAL SECIIRTlY ACCESS nuclear power reactor licensees access we have no objections on this side. gEC, ca) The Atomic Energy Act of 1954 ~ the national criminal history files cornmentRf st of all. to thank both of t42 .U.S.C. 2011 et sea.) !s amended by Lion. Byecreating aumechanism to coon= adding after section 148 the following new the managers of the bill. The chair- section: I duct a background investigation on man and the ,ranking minority "SEC. 1l9. Flxosasalivrllvc ros sECUxlrr anY individual having unescorted member have been very cooperative, ~~~?- I access to a nuclear power facility, the and without their help, 'I am not sure "a?~'e~' person in the process of being 11- amendment will help to ensure that that this bill would be this far. ceased or licensed pursuant to section 103 or poly individuals who are reliable and Also I wish to comment, because 104b to operate a utilization facillEy shall re- trustworthy have access to critically maybe I could alleviate some of the Quire that each individual allowed unescort- sensitive areas thereby significantly tear that the Senator from Rhode ~ access to the facllity be iingerpiinted. All proving the security of that nuclear Island expressed about it and the y~uj ~ ~ ~e btained by a licensee as re- Preceding sentence shall be Power facility. point of view that he made in regard submitted to the Attorney General of the Most background checks by nuclear to what might be the situation in a IInlted States through a person or persons power reactor licensees are limited to foreign country, .this was all taken into desienated by the Commission in' consults- State and local files as things present- consideration in 1972 when the leglsla- Lion with the Attorney General for identifi- ly stand. Unfortunately, those files do Lion now on the books that we are con- cation and a crilnillal history records check. not include information about an indi- The, cysts of any identification and records forming the D:C. law 'to was all taken check conducted pursuant to the 'preceding vidual's criminal record, if any, from into consideration and was considered sentence shall be pats by the licensee. xot- other parts of the country other than to be t3ood public policy at that time. withstanding any other provision of law, the the. local and the State from which As far ss I know, there 1s no change Attorney General may .provide au .the re- that individual comes and where the of that thought at this point. salts of the search to such person or persons powerplant is located. By allowing nu- lldt. President, I move adoption of did by the Commission !n consults- clear power reactor operators to have the amendment. Lion with the Attorney General. access to the FBI's criminal history The -.PRESIDING OFFICER. If .b: The Commission, by rule, may relieve records files, Lhey would be able to there be no further debate, the ques- ~mO~ from the obligations Imposed by obtain more complete criminal histo- tion is on agreeing to the amendment ~'~ section, upon specified tennis, condi? rtes. That information is an essential of. the Senator from Iowa. bOm? BAd veri?ds, u the Commission finds that such action is consistent w[th its re- element in the determination of who The amendment ~~ that such information is used plants had been granted construction and would further state that my sub-. solely: for the purposes provided inlthis sec., committee .will ~ look into the concerns tio;i: and - ~ permits. when :those Plants become he has raised. "t3> Drovide individuals subiect to finger= operational, :nuclear power will pro- ..Drmthlg the right to complete and correct vide approximately 25 percent of all The IInited States has simply not lniormstion contained In the crirnitiai hlsto- our national electrical power. Al- been confronted with the same kind of ry records prior to any final adverse. though increasingly vital for energy, incidents which have arisen in foreign action."- ~ nuclear facilities can also present a 'countries with respect to their Embas- db), The provisions of subsection, a. of sec- grave danger to the environment and sies..lif and when it does confront such tfon:i49 of the Atomic Energy Act~of 1954, ~ human life, as Chernobyl dramati- s threat most 'assuredly :. Senator ~ added Dy this Act, shall. take effect upon tally ~~~~ and with little help GaASSI.esr, I am certain, . as well ss promulgation of regulations by the Commis- . myself and .members of sion :as set forth in wbsection c. of such sec- from saboteurs is a more, important any .subcom- 'lion. Such regulations shall be promulgated danger than that which Chernobyl ap- mittee would take aaother.look at this on or before January i;'19as. - : -.- ~ pears'to have presented. CONGRESSIONAL RECORD -SENATE June 25, 1986 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 June 25, 1986 CONGRESSIONAL RECORD -SENATE S 8415 The Commission has investigated ficia>s of State and local governments correct and supplement the record and more than a dozen incidents of sus- for purposes of employment] and li? to limit the redissemination of the in- pected sabotage by plant employees. ceasing decisions, if authorized by formation supplied to the operator. The tncfdenta involved critical valves State statute and approved by; the At- After weighing the pros and cons of to the wrong positfon, miswired elec? torney General. Following Public Law each approach, the Senate Judiciary trical equipment, and other problem 92-544 Congress also authorized dis- Committee chose the latter course. areas. A Commission report indicated semination to private entities 'engaged I should note, however, Mr. Presi- that between 1974 and 1982 there had in certain securities transactions, such dent, that in choosing Lhe latter been 32 possible deliberate acts of as brokerage houses (15 U~.C~ section course, Senator PArxICK LEAxY and damage at 24 operating reactors and 78(F)). ~ myself added specific language to the reactor construction sites, including Mr. President, to prevent ~ nuclear original bill to protect the civil liber- the dozen reported since 1980. power facilities from becoming targets ties of the individuals to be finger- I would like Lo offer some examples of terrorists, extortionists, or Sabo- printed. That is, the original bill and of these incidents, Mr. President, to tears, the licensees must be given the amendment specifically directs the give us a more immediate familiarity access to the data contained in the Commission to prescribe regulations with them. criminal history files of the FBI. for the taking of fingerprints and for Examples of incidents include in- The criminal history records contain establishing the conditions for both strument valves apparently deliberate- full fingerprint identification cards for using the information and limiting the . ly mispositioned in a way that knocked individuals who have been arrested by redissemination of the information out the steam generator feed-water Federal, State or local authorities. It is provided by the record check in a pump thus forcing the operator to important to note that identification manner limited Lo the purposes con- reduce power immediately to keep the of the person arrested is based on a twined in the act. The legislation gives reactor from going into emergency full set of fingerprints rather than a discretion to the Commission to imple- shutdown. That incident happened on name, Social Security number or other meat a practical program, through May 1, 1982, at the Salem atomic personal identifier. Currently, the FBI regulation, for carrying out the pur- power station 1n southern New Jersey. maintains over 22 million I arrests poses of the act. Because of the possi- Another example at the Heaver Valley records broken into 1,200 fingerprint ble incompleteness of the FBI's crimi- plant near Pittsburgh, a valve normal- classification codes. ly left in as open position was found Mr. President, because these records nal history records mentioned earlier closed sad the chain and padlock that are based on s full fingerprint identifi- and because of the important due normally secured the valve in the open cation, the FBI, by comparing finger- process a,nd privacy interests of pro- position were ~ spective employees, it was Senator missing. With the valve prints, can positively identify a record LcAxY's and my belief that the regula- closed, emergency cooling water would as belonging to a certain individual tions prescribed by the Commission not have been available for high Ares- thereby ensuring that the pelson de- shall contain the following minimum sure injection into the core. termining employment suitability does requirements: The Commission reported: "Since not attribute a criminal record to the First, individuals who are asked to there were no indication of unauthor- wrong person. This procedure avoids submit fingerprints under the ized entry to the sites of these iaci- problems which could occur it~ an un- pro- dents. they are thought to have in- sophisticated noncriminal justice user grala a'~ ~ notified that the finger- volved insiders." A 1983 Commission of criminal record information! under- prints will ~ used to run a criminal memorandum concluded that: "The took a criminal record check based on history records check through the major threat of sabotage to a nuclear an individual's name and other identi- FBI; plant is associated with the insider." flees. With a name check it is possible Second, individuals who are subject More stringent employee screening that a record could be attributed to ~ fingerprinting will be provided with procedures .might have prevented the wrong person or, by merely, using as opportunity to complete and cor- manY incidents of Lhat kind. an alias, a criminal record migit never rest the information contained in the Mr. President, currently, the FBI be identified. FBI's criminal history records prior to provides criminal history records While the arrest data contained in any adverse job action being taken; checks only to Government or private these criminal history records is gener- and entities specifically authorized by star- ally accurate. it is often incomplete. Third, the Commission will establish ate. The FBI otiginaily disseminated The FBI requires that law enforce, procedures to .ensure that the informa- criminal history records to State, city, went authorities submitting ~ arrest tion provided to the plant operator and county officials it authorized by data subsequently submit information wW only be used to determine wheth- statute, ordinance, or Ivle for. appll- concerning the disposition of the er the person is fit to be given unes- cants for employment or for a permit arrest. Despite this requirement, FBI corted access to the nuclear facility, or license, as well as for federally in- experts have informed the Senate Ju- and for no other purpose. eared beaks. However, in Menard v. diciary Committee that this disposi- Mr? President, the original bill and Mitchell, 328 F. Sapp. 718, ?25-728 tion data does not get forwarded to the amendment have wide support. In (D.D.C. 1971), rev'd.-on other grounds, the FBI in close to 50 percent of the written testimony endorsing S. 24?0- 498 F.2d 1017 (D.C. Cir. 1974). a U.S. cases. the 98th Congress version of S. 274- Dlstrict Court interpreted the statute Because of the incompleteness of Herzel H.E. Plaine, general counsel of which authorizes the FHI to collect this data, the Senate Judiciary' Com- the Nuclear Regulatory Commission, criminal Records (28 U.S.C. 534) as con- mittee was faced, during consideration noted that the bill represented a Ong an implicit prohibition against of the original bill, with requiring the means of facilitating nuclear reactor dissemination to private entities and withholding from the Commission of licensee efforts to obtain criminal his- ~o State and local noncriminal justice arrest data unaccompanied by disposi- tory records and of promoting uni- agencies. The FBI, accordingly, tion. This would protect the privacy fortuity in industry-conducted person- amended its regulations to prohibit and due process rights of prospective nel screening programs. . criminal history record dissemination employees, but tt would risk the fail- Tn testimony submitted to the to the general public or private sector are to provide the operator important Senate Judiciary Subcommittee on Se- employers, except in limited circum- and relevant information concerning curity and Terrorism on June 13, 1985, stances not relevant in this case. the prospective employee. Alternative- Arthur E. Lundvall, vice president of The Menard decision has, however, ly, the Senate Judiciary Committee Baltimore Gas & Electric Co., and been partially superseded. Congress in could authorize Lhe FBI to provide a president of the Nuclear Power Execu- Public Law 92-544, authorized the FBI complete arrest history record to the rive Advisory Committee of the Edison to disseminate criminal history records Commission, provided that thel Com- Electric Institute, noted that: to officials of federally chartered or mission institutes a program to protect Nuclear powerplants have effective seeurl- insured banking institutions and to of- the rights of prospective employees to ty programs that may include a system for Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 S 8416 CONGRESSIONAL RECORD ! SENATE psychological evaluation of potential em- ployees and the conduct(ing) of a back- The Nuclear Regulatory Commission ground investigation that lnvo-ves limited hes investigated dozens of incidents of State and local police record checks.. This Suspected sabotage by plant employ- e.. n,..------ ---- - ---- s t ys em would be significantly improved with ehe enactment of S. 2470 (S. 274) since it would provide a uniform system for back- ground investigation throughout the indus- try. He goes on: Each individual's complete criminal histo- ry will be reviewed and we can be assured that, to the max[mum extent possible, only stable, reliable, and law-abiding people have unescorted access to vital areas of our nucle- ~ Powerplants. One other piece of testimony by the manager of Corporate Security, Ala- bama Power Co., Mr. David Hinman, submitted to my Subcommittee on Se- curity and Terrorism expressed con- cern that the failure of the industry to obtain criminal history records based on fingerprint identification could Permit terrorists and would-be sabo- teurs an opportunity for employment at nuclear plants, using falsified birth records and other falsified credentials. Mr. Hinman concluded by endnrcino June 25, 1986 The PRESIDING OFFICER. Is there further debate? If not, the ques- tion is on agreeing to the amendment. The amendment (No. 2174) was agreed to. reactor construction sites.vSeveral of AlSSltDMEPT PO. 7176 those incidents could have resulted in Mr. LUGAR. Mr. President, I send a catastrophe at least on the scale of an amendment to the desk and ask for Chernobyl. All of those incidents were its immediate consideration. believed to have involved insiders. The PRESIDING OFFICER. The At a time when terrorism is on the clerk will report. minds of most Americans, 1t w I uld be The assistant legislative clerk read inexcusable for us not to do every- ~ follows: thing reasonably possible to I The. Senator from Indiana [Mr. LvcAa] protect proposes an amendment numbered 2175. our nuclear powerplants from sabo- tage. Mr. LUGAR. Mr. President, I ask Under current law, most background unantm?us consent that further read- checks by nuclear powerplant ~licens- ing of the amendment be dispensed ees are limited to State and local files. with. Those files do not include information The PRESIDING OFFICER. With- about a person's criminal record, it out objection, it is so ordered. anY. in other parts of the country. By The amendment reads as follows: allowing nuclear plant operators to ~ page 124, between lines 9 and 1D, have access to FBI criminal records insert the following new section: files, they would be better able j t0 de- sE~' ~' MA)vAGE.MEM OP A!~'rl-TERRORISM AS- termine who should be Erranted unes_ _ snsTANCE rROCRAMS. im erative that access to such records v ~ V~~`Y~'' ~~~?'' ~ "~ icgis paragraph (4> is amended to read as tol? p lation does. The nuclear plant licensee lows: ?'(4)(A) Articles on the IInlted States be provided to assure that employ- would bear the cost of fingerprinting Munitions List may be made available under ment In sensitive positions be conduct- and of the criminal records check, and this chapter only ti- ed based on full information as to the could use the information obtained "tl) they are small arms !n category I (re. trustworthiness of the individual. only for the limited purpose of 'deter- sating to firearms)- ammunition m category Mr. President, the amendment mining if the person is fit to receive III (relating to ammunition) for small arms which is endorsed by the Commission, unescorted access to the plant. Inds- ~ category I, articles in category ]v(c) or the Department of Justice, and private viduals who are subject Lo f I VI(c) (relating to detection and handling of industry, would help to ensure the ing would be given an o ineerPrtnt- explosive devices), articles in category S (re- pportunity t0 lating to protective personnel equipment), safety of nuclear powerplants, and correct and complete any information or articles in subsection (b), (c), or shall 'inclose the pared to accept the amendment. following information- ~ rorism. Though many cruise ships and Mr. PELL addressed the Chair. disagreement~~on a the recor~nmendations many do not cA cruise shipolpasaenger The PRESIDING OFFICER. The among the member nations of the Intema- simply cannot rely on the fact that Senator from Rhode Island. clonal Maritime organization: the particular ship he or she boards Mr. PELL. Mr. President, this is an (2) the activities or the Maritime Safety will be safe. excellent amendment. On behalf of Committee, the Facilitation Cornnrittee, and the mtnorit I su the Legal Committee on the International Passing II.S. laws requiring stricter Y. ggest Its passage. Maritime Organization in regard to the pro- security on ships, while desirable, The PRESIDING OFFICER. is posed recommendations: and I must be accompanied by similar action there further debate? If not, the goes- Mr. RUDMAN. Mr. President, I in- roes.-Not less than 10 percent of the amount appropriated pursuant to section quire of the managers of the bill since 4011x) for diplomatic construction projects there is a vote scheduled for 2 o'clock. each fiscal year shall be allocated to the I have four Very small amendments. extent practicable for contracts with Ameri- They have been cleared on both sides. can small business contractors. Contracts Will the managers agree 'that we awarded pursuant to subsection (d) of this might go forward at this Lime by section shall not be considered in determin? asking the pending amendment be set ing compliance with this subsection. ? "(r)^. a id s e Mr. LUGAR. Yes. Mr. RUDMAN. Mr. President, I ask unanimous consent that the ~ pending amendment be laid aside for the pur- pose of considering en bloc four amendments that have been accepted The PRESIDING OFFICER. out objection, it is so ordered. THRESHOLD FOR "BIIY AMERICAN" PROVISION Mr. RUDMAN, Mr. President. The committee bill indicates that only U.S. contractors may bid on diplomatic con- struction or design projects with total project values exceeding $5,000,000. The effect is to open those projects valued at less than $5,000,000 to for- eign competition, in effect often deny- ing projects to American firms . AMENDMENT No. SIBS An ironic effect of the committee (Purpose: To reduce the dollar threshold on bill 15 to provide a "Buy American" contracts for which only U.S. contractors preference for the larger nroiPet_e may bid) .... uy rai gc curnpanles, (Purpose: To narrow the provision suthoriz- while denying such preference for ing the Secretary of State to wane the re- those projects more likely to be bid on quirement that U.S. contractors bye used) by small business. (Purpose: To permit more UnitedlStates My amendment solves this problem persons to bid on contracts) by reducln from (Purpose: To require that 10 percent of the g $5,000,000 to contracts, to the extent practicable, be x500,000 the level at which foreign amended to small businesses) contractors may compete for projects involved in this diplomatic security en- Mr. RUDMAN. Mr. President, I send hancement program. In addition, it to the desk four amendments vt~hich I provides that only U.S. firms, may ask to be considered en bloc and ask compete on any projects involving for their immediate consideration. physical or technical security. The PRESIDING OFFICER. The FOREIGN PROHIBITIONS ON II.S. CONTRACTORS clerk will report. Mr. President, the committee bill The bill clerk read as follows: permits the Secretary of State to The,. Senator from New Hampshire [IVir. waive the preference for U.S. contrac- RIIDMAN) proposes an amendment len bloc tors when the foreign countrv has numbered 2183. i Mr. RUDMAN. Mr. President, I ask of~U.S.rfirms, wiuc.n pronto)t Lne use unanimous consent that the reading of Congress of his int ntto do so. notifies the amendment be dispensed with. My amendment strengthens that by The PRESIDING OFFICER. With- limiting the Secretary's authority to out objection, it is so ordered. maivP in ~;r?e?:,........~...__ .~_ ~__ .....6 ~..~. On page 109, line 4, strike ??E5,ooo,ooo" fil'trls from competing, The amend- and insert in lieu thereof "E500,000 of which went also requires the Secretary to involves physical or technical security"- report to the appropriation congres- Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 -- 1 -- J Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 June :>, 1986 sional committees on what retaliatory action, if any, he is proposing to take under the Foreign Missions Act. The fact of the matter is that U.S. Embassies and consulates overseas are legally a part of the United States. No foreign country should be allowed a~ith impunity to dictate Eo our Gov- ernment who a?e may or may not use to build or improve the security of our diplomatic facilities. MAKING IT POSSIBLE FOR MORE FIRMS TO COMPETE Mr. President, the third amendment addresses provisions which effectively preclude many firms, especially small- er businesses, and any new companies from bidding on these projects. The committee, in what I believe was an effort to try control quality, limited eligible contractors to compa- nies who had been in business for at least 5 years and which had achieved a certain level of business volume. How- ever, many of the companies involved in physical and technical security equipments and installations are evolving companies resulting from the recent upsurge in worldwide terrorism. The committee provision has the effect of precluding many of these newer companies from competing for contracts under this program. With less competition, the taxpayer will end up paying more. My amendment solves the problem by reducing the 5 year requirement to 2 years and striking the business volume threshhold. . SMALL HIISINESS SETASIDE Mr. President, the fourth amend- ment establishes a setaside for small businesses, and now I quote from the amendment, "to the extent practica- ble." The fact of the matter is that the State Department has a history of pre- ferring to deal with a small number of favored suppliers for goods and serv- ices. Small businesses around the country a~ho are not in favor find it almost impossible to successfully bid on State Department work. My amendment attempts to address this problem by ensuring small busi- nesses apercentage of the available work. At the same time, it provides the State Department with the flexibility to waive these provisions when abso- lutely necessary. I might note that I expect the State Department to have good explanations if they fail to meet this requirement. As chairman of the Appropriations Subcommittee with jurisdiction over their budget, I intend to monitor their implementation of this provision care- fully. Mr. President, a very brief explana- tion. As the committee bill is presently written, I believe that American com- panies will in general, have more diffi- culty in competing for contracts on Lhe smaller projects. Accordingly, these four amendments deal with enhancing the opportunities for American firms to do the kind of construction that we are talking about in support of the diplomatic security Initiative that this Congress is going to fund at a very high level this year. These amendments will enhance the opportunity of American companies, both large and small, to .do that work. It is also the purpose of one of these amendments to ensure that only American companies will compete for projects involving physical or techni- I believe that fairly describes the amendments, which have been cleared on both sides. Mr. LUGAR. Mr. President, my dis- tinguished colleague, the Senator from New Hampshire, has proposed four amendments which will assure further p Leading to the prevention, frustra- from, any proceeds the person obtained, di- rectly or indirectly, as the result of such vio? lotion: and (B) any of the person's property used. or (mended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. "(2) The court, in Imposing sentence on a defendant for a conviction of a violation of this section or of any other felony in ~~tola- tion of this chapter, shall order that the de- fendant forfeit to the United States all property described !n paragraph (1) of this subsection. "(3) The provisions of subsections (b), (c) and (e) through (o) of section 413 of Lhe Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853 (b), (c), and (e)-(o)) shall apply to- "(A) property subiect to forfeiture under this subsection: "(B) any seizure or disposition of such property; and "(C) any administrative or Judicial pro- ceeding in relation to such property, u not inconsistent with this subsection. "(4) IIpon motion of the United States at? tonney made at any time after conviction of a person at a trial conducted under chapter 47 of title 10 with respect to convictions under sections 904 (article 104), 906 (article 106>. 906a (article 106a), and for comzctions under section 934 (article 139) that Incorpo= rate provtsons of this chapter, s court of competent Jurisdiction shall, if the court de- termines that the interest of Justice so re- quires, order such person to forfeit to Lhe United States all property described in para- grapoh (1) of this subsection. "(e x 1) IIpon the motion of the United States attorney made at any time after con- viction of a defendant for a violation of this section, for any other felony In violation of this chapter, or for an offense described !ri subsection (d)(4) of thLs section, and after notice to any Interested party, the court shall, tf the court determines that the inter- est of Justice ao requires, order such defend- ant to torfett to the IInited States all or any Dart of proceeds received or to be received by that defendant, or by a transferee or that defendant, from a contract relating to the depiction of such offense in a movie, book, newspaper, magazine, radio or televi- sion pmdocK,ion, or live entertainment or presentation of any kind, or from a contract relating to as expression of the convicted person's thoughts, opinions, or emotions re? garding such crime. (2) An order issued under this subsection shall require that the party with whom the defendant contracts pay to the Attorney General any Proceeds due the defendant under such a contract. "(3) Proceeds paid to the Attorney Qener- al under this subsection shall be paid into Lhe general fund of the Treasury of the United States. (4) As used In this subsection, the term interested party' includes the defendant, any transferee of proceeds due the defend- ant under the contract referred to in par? agrpah tl), and the person with whom the detemiant has contracted. lion, or mitigation of the effect of a felony ties, and it would 811ow rewards for to violation of this chapter or of an offense those who turn iri information which described in subsection (d)(4) of ih'is section. leads to the apprehension of spies. "(2> The Attorney General or the desig- By taking away the proceeds of espi- neee o[ the Attorney General s2iall deter- Onage and confiscating property used mine whether an individual furnishing In- formation described in paragraph (1) is enti- to commit espionage, we will not just tied to a reward under this section and the be punishing those Convicted of espio- amount to be paid, except that file author- nage; we will make them think twice Ity Lo pay s reavard of E1o,000 or >itore shall about entering into the career of not De delegated to any person other than spying for profit. the Deputy Attorney General, the~Aasociate I believe that we can make tt harder Attorney General, or the Director of the for people to get their hands on infor- Federal Bnresu of Investigation. A determi- motion of this type. We can try to im- nation made by the Attorney General or the designee of the Attorney General under this prove detection methods and we will subsection shall be final and conclusive, and take various steps to increase security. no court shaD have Jurisdiction or' power to However, until we take away the mo- review such determination: ~ tivation which has been present, that "(3) No officer, employee, or member of ~ the financial aspects of spying, a?e the Armed Forces of the United States or of will not be able to stop what has been any governmental entity who, whale in the performance of his or her adficial duties, going on. furnishes the tnformaton described in Para- Our real job, I think, is to let et'ery- graph (1) shall be eligible for any monetary one know that no one in this country reward under this subsection, except that a will be allowed to profit from espio- person who acts with official approval as an nage. undercover source or informant, when it is This legislation will allow the confis- not apart of that person's normal official cation of any of the "proceeds of the duties Lo do so, may be eligible for such a Sale Of the s reward. ~ py story, that is of the spy "(4) There are authorised to be appropri? himself or herself. aced such sums as are necessary for the pay- The public, I think, has a fascination went of rewards ceder this aubaection with spies and espionage but infamy except that no funds may be appropriated should not be the foundation for a for this purpose prior t0 fiscal year 1987.". public career or for fiaandai axiceess. Mr. STEVENS. Mr. President, the I really believe that it is time for us amendment I present to thel Senate to act to prevent this type of situation addresses what I consider to be a sera- from developing in our country. It is a ous .problem that faces our Natiion, the growing threat to our na4Maal aectiri- question and the problem suiri'odnding ty, I introduced $. 2664 on September ecutions relating to espiwsage. Since ?17 of last Year to attempt to 'respond 1882 the FBI has arrested 25 individ- to that problem and that Bill was uals for espionage; 28 have been con- pending before the Judiciary Commit- victed and six cases art still pending. tee for some time. It is now before >2s. This 4-year total is the Iai6hest rate I offer this amendment 'on my for arrest and convictions for espio- behalf and also Senator DExrON, who nage charges since World War II. I worked very hard to set the bill out of think the figures speak for them- the Judiciary Co~amittee, as dwell as selves. Senators I~tasr, Muss?R'sxl' The lure of money is taki>'rg people D'~+TO. ~~. Ie=atz, ZoRZNSgy, into espionage. It fs attracting too Txmt>taoxn, McCoar>rsu., LEViN, Ax- many people and this prime motiva- Taaws, lirL-rrnict.Y? Aie>t[szsol(ic, and lion is sheer greed. .There are at least 41 cos ~ Law enforcement officials responsi- ponsors to ble for investigating espionage cases the basic bill. Unfortunately ~I have recognize the common denominator in bee*i unable to contact all cif them these cases has become the search for before today so I ask unanimous con- profit. To quote Bill Baker, assistant sent the remainder of the list be print- director "of the FBI, "It says in the ed in the RECORD at this point ~ KGB manual, 'Americans can be There being no objection, the mate- bought.' " rial was ordered to be printed in the We aze aII aware of the Walker RscoRn, as follows: family spy case. We are actaally fortu- Senators Domenici. Heinz, Simpson, note that John and Michael Walker Glenn, Nunn, Hatch, ChNea, East, ~ Chafee, reached a Gorton, Kasten, B,udmaa, Goldwater, C3arn, plea bargaining agreement. Bumpers, Byrd, Boschw[tz, Exon, Nickles, Thy gives us the opportunity to Iiawkins, Roth, Gore, ibdnor, Grassley, answer questions about Just how seri- Qusyle, and Symms. ?~ ous the damage done by the Walkers concerning the security of our country Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 June ,~5, 1986 CONGRESSIONAL RECORD -SENATE has been. The Walkers, however, are not alone in their Infamy-by any stretch of the imagination. They have been joined in the headlines recently by Ronald Pelton and the Pollards. There have been several serious uses In the last few years. The prob- lem of U.S. citizens selling off national security information is best illustrated by a few examples. Joseph Helmick was arrested on July 15, 1981. on charges of selling top secret information about a crypto- graphic system to Soviet agents He was awarded the honorary rank of Colonel in the Soviet Army, and re- ceived 5131,000. David Barnett, a former member of the CIA's Directorate of Operations, pleaded guilty on October 29, 1980, to a charge of selling classified lnformar lion on CIA operations to the 8ovlet Union. He admitted to receiving x92,600 for this information. and may have been paid an additional amount to try and secure a staff position with the Senate or House Intelligence Com- mittees. William Bell, a former employee of Hughes Aircraft Corp., was arrested on June 28, 1981. He was charged with espionage in connection with the sale of documents to the Polish intelli- gence service, for which he received approximately E110,000. James D. Harper was arrested Octo- ber 15, 1983, for selling missile data to a Polish agent. Harper reportedly was paid over 1250,000. He pleaded guilty to one count of espionage, and was sentenced to life imprisonment oa May 14, 1984. In this sampling-which is far from exhaustive-there is a common factor which dominates each case. These in- dividuals were paid fairly large sums for classified information. Each of them exchanged a portion of our na- tional security for their personal gain. We all recognize that it is time for Congress to do something about what has become a pervasive problem. This is by no means Lhe only response I expect us to make to espionage. How- ever, I believe this to be a major step in the right direction. If we discourage individuals from selling information we remove the incentive to commit es- pionage. I propose that we use the profit' motive against these perpetra- tors. This legislation would confiscate the proceeds of esp[onage activity, and turn the tables on spies by paying those who provide information on their activities. The tool we would create with this legislation to fight espionage is very similar to one available to drug en- forcement agents. This is very appro- priate, since the motivation to commit espionage and to deal In drugs is very similar. In both cases, the perpetrator cares little for the consequences of his actions. The reason for being 1n the business Is to make money-at say cost. no questions asked. It is an em- barrassment to our society. It is now apparent that) one of the best ways to strike at drug dealers is by taking away the profits of their business. Even though spies are in- spired by a similar desire, the amounts of money we are talking about are de- cidely smaller. At the same :time, the harm being done is much greater. Drug use is a plague in this country, but espionage threatens the nation's survival. ~ Taken as a package, I believe this proposal provides a fairly complete re- sponse to the prime motivation of espi- onage. It is carefully drafted so that it affects only those convicted of espio- nage felonies. The power to grant re- wards Ls carefully limited to avoid abuse and excess. This is s good piece of legislation-one than demands action now. To put it off lany longer could doom this Proposal as time runs In my judgment, it is tune for Con- gress to do something about this prob- lem. Ithink the Senate knows that I have other legislation pending which I think is sort of old fashioned, but I be- lieve spies just ought to be shot. As a matter of fact, the Senator from Ari- aona told me just now he thinks they ought to be hung using a loose rope. I do not think there is anything about our system in the United States today that infuriates me as much as the increasing tendency ofd Americans to spy on their own Government and to do so because of the motivation of profit. It is time for us to take a~major step to discourage individuals from selling information, and it we do Aso, 1 think we will take action to remove the in- centive to commit the espionage in the first place. As I said, this amendment would confiscate the proceeds of espionage activities and turn the table on those who spy against their awn 'country by paying individuals who provide infor? mation on the spying activities. The tool we would create with this legisla- tion to fight. espionage is very similar to that we are using in the drug en- forcement area. j I think the Senate is well aware of that. Mr. ANDREWS. Will the Senator yield? Mr. S1'EVENS. I am happy Lo yield. Mr. ANDREWS. I appreciate my col- league yielding and I am proud to join him in this effort because of all the kinds of heinous acts against our people, the selling>out of our Nation's secrets for profit is perhaps the worst. You can talk about ideology, you can talk about people who disagree with what is going on within ttie Govern- ment, you can talk about general spying. They are all bad enough. But spying for pay for those 40 pieces of silver has absolutely no place, Mr. President, is this society of ours. Spying for profit, selling. out your friends, your family, your nefghbors, for a few dollars is the worst, the most S 842? treasonable act anyone can engage in against our people. I would hope that we would be able to put this kind of stiff regulation in wherein we would confiscate any of the profit, any of the profit from writ- tng the books or taking part in a movie Later on, celebrating this great spy case or whatever it might be. Not only that, but I am totally inclined to go along with my colleague when he quotes our colleague from Arizona in saying, "These are the kinds of people who ought to be shot because there is absolutely no justification for spying, for espionage, for profit." I applaud my colleague for introduc- ing this amendment. We cosponsored the legislation. It would be my hope that the leaders of the debate of this bill will accept this amendment be- cause it is long overdue. Mr. ST'EVENS. Mr. President, I thank the Senator from North Dakota. He has been in the forefront of those who have tried the assist to work out this legislation. I think we should mention Senator DErrTON, who has worked very hard to see to it that the legislation be brought to the floor. There is no question about it that we are now dealing with a different phe- nomenon in our country with this in- creased activity of espionage for money. I have introduced legislation to make certain that that kind of activi- ty, espionage for profit against our own Government, is considered trea- son. O 1430 I consider it to be treason and I think the country believes it is trea- son. This amendment has been care- fully drafted. It does not affect those people who go out and study the ac- tivities of a convicted spy and present to the country the story of that type of activity. What it does is prevent the person who is convicted of espionage from profiting from the act and forfeit whatever that person received in con- nection with the espionage activity. There Is no reason to allow them to keep their ill-gotten gains and there is no reason to allow them to sell for any purpose the story of their actions. Mr. President, I hope that the Senate will adopt this amendment. It is time for us to take this action, par- ticularly 1n view of the namber of cases that are pending right now in which substantial sums will be re- tained by those who have been in- volved if Congress does not act. ? Mr. MURKOWSKI. Mr. President, as a member of the Senate Select Committee on Intelligence I am acute- ly aware of the problem of espionage against the United States. Soviet bloc . intelligence services spare no effort or expense in a relentless effort to steal scientific, technical, and defense se- crets from the West. A single technical document can save Moscow years and hundreds of millions of dollars in re- Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 0 i Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 S 8428 CONGRESSIONAL RECORD -SENATE search and development. Super-sophis- United States in certain defense-relat- veto June 2Jr, 1986 ticated U.S. intelligence systems, upon ed areas has been seriouslyleroded by ed forze that others could be reward- which our security depends, can be the foreign success in obtaining classi- leads to their.arrest information that compromised in a few minutes by a fled scientific and technical informs. I want to congratulate Senator STE- traitor with special knowledge. Any tion. In addition, spying has cost our vExs for his initiative, and Senator reader of the newspaper in recent country billings of dollars ~ in stolen DENTON, chairman of the Subcommit- weeks knows these are not hypotheti- technology and military secrets. To re- tee on Security and Terrorism, who cal possibilities; they are case histo- verse the trend, a?e must remove the worked closely with me on the vies. financial incentive for those We have seen the emergence of a persons Denton/Leahy substitute which neu? breed of s who would assist these foreign spies by became the final draft of this bill. PY. unscrupulous merce- engaging in espionage activity. navies willing to sell out their country This amendment will remove the fi- Mr. MATHIAS. Mr. President, will for cash. Spying has become a lucra- nancia] [ncentive and will aid in the Lhe Senator yield for a question? five business. Men like Walker and battle against espionage. The amend- Mr. STEVENS. I Whitworth apparently received pun- to the Senator from Mar ylandQuestion dreds of thousands of dollars for the ment contains three separate provi- Mr. MATHIAS. M information they provided. Walker, sions. Y question arises First, it requires that convicted spies from the so-called Son of Sam provi- now that he has been caught, has em- forfeit all proceeds from their espio- sion of this amendment, which would barked on a new money-making Wage activities by incorporating by ref- prevent persons convicted of certain scheme to sell his story to a publisher. erence the forfeiture provisions con- espionage offenses from The more notorious the author, the profiting by fatter the royalties. tamed ~ the Comprehensive Drug writing about their crimes. It is surely Abuse Prevention and Control Act of a repulsive spectacle when an irsdivid- WhY should espionage pay? It 1870, (21 U.S.C. section 853); ~ ual profits from the commercial ex- should not, and passage of the amend- Second, it requires that an ~ ploitation of his crimes against the ment will make sure it does not. It is from publication or television ~nghts to United States, and I am in complete time to make it abundantly clear that the story on, or interviews of! convict- sympathy with the Senator's effort to there will be no opportunity for the ed spies be forfeited (Mirroring the divert that profit stream. Nonetheless, Walkers and their ilk to keep their ill Son-of-Sam provisions contained in 18 I am also concerned about the degree gotten gains. Espionage is not fun and U.S.C. section 3671)? to which any "Son of Sam" games. Anyone contemplating spying Third, it establishes a new fund to burdens the exercise of firstramend- against this country must know that reward those whose information leads went rights. Am 1 correct in my under- there will be no pot of gold at the end to the arrest or conviction of s ies standing that this amendment is mod- of the rainbow-only a very long stay .(mirroring the rewazds provision on? eled aster the "Son of Sam" provision in prison. tamed in the Rewards for Information that Congress enacted in the Compre- Mr. President, the amendment of- Concerning Terrorism Act, 1 i U.S.C. pensive Crime Control Act of 1984, fered by Senator STEVExS is right on section 3071). and that now is codified at 18 U.S.C point. It prevents spies from taking ad- Mr. president, I am pleased that section 3671? vantage of their illegal activities, and Senator STEVExS has accepted', at my ~? STEVENS. The Senator is cor- says that spies cannot profit by receiv- suggestion, language which will make ing financial rewards from book royal- the rect. I aai offering this legislation so ties, movie rights, and similar arran e. provisions of the amendment ap- that the forfeiture remedies that were ments. Cleazly, Mr. President, the Forceseconvicntied o esp ona a Armed made available to the Government in Senate must say loud and clear that ant to the Uniform Code of M Ltar the Comprehensive Crime Control Act ? spies cannot become "media stars" of 1984 with respect to crimes of vio? from their illegal activities. I ur e m Juice, as well as those individuals lence can be used against those who colleagues to su g Y convicted under title 18 of the United aze convicted of violating certain spec- pport this important States Code. ified espionage statutes. amendment., This amendment represents a neCes- Mr? MATH~? Arcs I also correct ? Mr. DENTON. Mr. President, I rise sazy tool in our fight againsti espio- in support of the amendment offered Wage. I urge my colle that it is not the Senator's intent to by my dist[nguished colleague from it.? ~~ to support inhibit [n any way the right of a third Alaska (Mr. STEVENS) which incorpo- Mr. LEAHY. Mr, president, 1 enl person to write or publish sIl account rates the substance of S. 1654. The g p of the crimes that a convicted spy original bill, which was unanimously this amendment Simply tated,I it auj committed against the United States? approved by the Judiciary Committee apply exLtis~g Federal procedures for Mr. STEVENS. The Senator is cor- on June 12, 1986, will amend title 18 forfeiture of criminal proceeds, and re. rect. Let me quote from a porption of U.S.C. to provide for criminal forfeit, wards for informants, to es Iona a the Judiciary Committee's re ort on ure of proceeds derived from espio- cases, p g the 1984 'Son of Sam" legislation. I Wage activities and rewards for infor- We have all been shocked by the aan confident that it will help clarify matrons providing information leading wave of espionage cases that have oc- the scope of thg?forfeiture provision to arrests in espionage cases. I tom- curved in the Defense Department, that I am offerin mend Senator STEVExS for his leader- among Defense contractors, and even the ~ I amendment refers to money ship in this area and I am only too in the intelligence agencies. Perhaps payable to theydetendapnt'sy tr ~fe~ io happy to ,loin as an original cosponsor the most ominous development was re- rather than ?'an other art of this arriendment. ensure that innocent third parties, such as Mr. President, recent events sur- otherd factors maayeThave . otivat d ticipmated nacriminal conductrand who wish rounding the Walker and other espio- John Walker. to betray his country's to' d Pict the defendant's crime,aare no taf- nage cases have made it abundantly defense secrets to the Soviet Union, jetted by the proposed rule change. clear that the threat of espionage is his Cynical attention appeared .to focus (S. Rep. No. 8897 at 8.) real and pervasive. The Soviet Union, primarily on the money he sto i d to' The "In Cold Blood" example is in- Its client-states, and other hostile make from his activities. countries have a massive effort under- This amendment squazely addresses structive here, sinc gthe corresponding way in this country to amass large the ill- otten ~ Provision in this le illation is not in- amounts of material about our mill- and the incentiveato turn in those sail- tended to reach an innocent third tary secrets and technology, petted of this crime. It will be a useful nageywhen that thirdnvicted of espio- party writes or the UnitedgStateslhas ccausedetimn o d that espionage will never bessee~n to roundin t publishes an account of the events sur- damage to our national security. The pay, and that those actually or Icon- would apply to an technological lead enjoyed by the templating spying for forei g he espionage offense. It gn powers the convicted s Y proceeds due to pY or any part of the Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 ~~~' - I .1 i Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 dune ~~, 1986 CONGRESSIONAL RECORD convicted spy's share that he has di- verted to some third person. Mr. MATHIAS. I thank the Senator from Alaska for that clarification. I have one additional question. One of the statutes covered by this amend- ment is 18 U.S.C. ?93. As the Senator Knows, an important case under that statute was recently concluded in my home State of Maryland. In that case. the jury convicted Samuel Morison of providing certain classified photo- graphs to Jane's Defense Weekly. 1 raise this point because the pros- ecution of Mr. Morison under section 793 is unprecedented, has aside-rang- ing first amendment implications, and is currently on appeal. Tn other words. the law in this area may be in a state of flux. Would the Senator's amend- ment have any effect on the substan- tive reach of section 793? Mr. STEVENS. It is not my intent to affect in any way the definition of the underlying offenses to which this leg- islation would apply. Thus, this legis- lation should have no impact on the judicial interpretation of section 793. It would simply provide the Govern- ment with the opportunity to seek an additional remedy against someone fi- nally convicted under that statute. Mr. MATHIAS. I thank the Senator from Alaska. Mr. STEVENS. Let me amplify the comments I have just had with Sena- tor Mnzxtes to emphasize again that this is not any attempt to invade the other areas of the Federal Code. Nor is it an attempt to in any way prevent a third party from engaging in the busi- ness of writing either for the print media or for the air or television media the stories of those who have been involved in these kinds of activi- ties. The PRESIDING OFFICER. With- out objection, it is so ordered. Mr. STEVENS. I am pleased to answer any questions my colleagues may have. Mr. METZENBAUM. Mr. President, I do not think any of us would speak in opposition to the amendment of the Senator from Alaska with respect to the forfeiture of funds gained from es- pionage or from writing relative to that or removing pictures. I think we all support that concept. This lan- guage is, I think, identical with lan- guage that has been in the Judiciary Committee for several weeks. We have been wrestling with one aspect of the problem I would like to discuss with my colleague from Alaska. That has to do with the ques- tion of the right of a defendant to have legal counsel and the concern that has been expressed that assumes the individual did engage in espionage or it was alleged that he did and then he hires counsel. As I understand it, under this provision, those funds that would have been paid to counsel could be forfeited ss well. As a consequence, the individual might not be in a posi- tion Lo be represented by a lawyer. He is not guilty until he is found guilty. SENATE S 8429 I wonder whether or not it ~ is the intent of the author of the amend- ment to preclude the right of the des fendant to have legal counsel, even though it very well might be that some portion of those funds would be expended for legal counsel. i Some thought has been given to giving the judiciary, the judge handling the case. some discretionary authority in con- nection with this subject. Would the Senator from Alaska care to indicate his thoughts on that subject? Mr. STEVENS. Mr. President, we have no intention of changing the normal treatment of attorneys' fees in such circumstances. If an attorney has reason to know that his client is paying him the proceeds that he has obtained by committing a crime, then the money in the hand of the attorney is forfeitable. If he does aot have reason to suspect that, then i is an- other matter. It is my understanding that this has been handled this way m other cir- cumstances, it does not come up just in connection with this case. If a person robs a bank and is on trial and the lawyer who is defending that person knows that the money the has received is part of the loot from the bank, he cannot keep that. I think those of us in our profession ~ under- stand that full well. We are not seek- ing to change that. Mr. STEVENS. I say to my~ friend from Ohio, I understand what he is saying. I have no intention of ~ chang- ing the normal treatment of attorney- client relationship nor the right of the attorney to be paid. Unless he has reason to believe that the money he receives is part of the proceeds of the crime, we do not affect his status. Mr. METZENBAUM. I appreciate the comment of the Senatoi from Alaska I think it goes most of tihe way to the thing about which I have con- cern. But let us assume for the moment that the attorney were to know where the proceeds came from but that for a host of other reasons, he was convinced that the defendant was not guilty. The man might have the money but he might not be guilty for any one of a number of reasons, in- cluding the conceivable reason lof stat- ute of limitations, that it wash out of the jurisdiction of the court, that there was some violation of his rights as to how the information was ob- tained, that there was sn unlawful I am not trying to make out a case for any particular individual, but my colleague and I are both lawyers. I think we would both agree ~ that a lawyer would not be held responsible or should not be called upon toimake a judicial determination as to whether his client is or is not guilty. I think it is reasonable to assume that the lawyer taking the individual's case is taking it on the basis that he- assuming he is going to put fri a "not guilty" plea-that he in his mind feels that there is a chance of having the defendant found not guilty. All I want to do is let the individual, whoever he may be-whether he is accused of the most heinous crime, and certainly es- pionage has to be included in that cat- egory-to let that individual have legal counsel. Some have suggested that the courts could appoint counsel, but I think a?e would agree that if the indi- vidual had funds, and certainly sub- stantial funds, it would not be reasona- ble to expect that the court would ap- point counsel. 1 have that one reservation concern- ing the Senator's response, which indi- cated that if he knew the man was guilty or where the money came from. I thinlt he has practiced law long enough and I have practiced law Iona enou?h to know that nobody is guilty. until the court has found the individ- ual guilty and that every person has the right to have his day in court. Mr. STEVENS. Mr. President, we have been in the practice of law for a long time, and I was the Government. attorney in my State for 3 years, and 1 know some of these issues come up in a hard way. I say to the Senator from Ohio that they cannot come under this amend- ment in any more difficult circum- stances than they do .in a drug situa- tion today with all the drug cases we see, with tremendous funds being re- ceived by those peddling drugs. When we do apprehend them, we regain same of that money. We find that the defendant has received money a,nd upon conviction, there are existing statutes which allow for forfeiture. As a matter of fact, this bill, as the Sena- tor knows, is patterned after the drug statute that requires the forfeiture of the money received by the defendant who has been convicted of violating the law relating to drugs. I say to my friend that this amend- ment before us does not require a for- feiture until conviction and it puts in the hands of the court that imposes the sentence the duty to order the for- feiture to the United States of the property we have listed as being sub- ject to forfeiture. It is similar, as I said, to the drug statute. Mr. METZENBAUM. I know it cannot causE a forfeiture of attorneys' fees as such. That is not indicated by implication or otherwise. Am I correct in my understardinng? , ~ 1440 Mr. STEVENS. The Senator is cor- rect in the sense that we, of course, are not trying to require that-but if the court, following the normal proce- dures, would find that the attorney had knowledge of the source of the moneys he received, the court could order forfeiture of the moneys in the hands of the attorney in whole or in part, depending on what the court de- cides under the circumstances. But it is the Comprehensive Drug Abuse and Prevention and Control Act that has been the guide and it does, as I said, Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 S 8430 CONGRESSIONAL RECORD ' SENATE that have been received and , -. ~..__..... a.,a. `" ""`~j`'" "' gives the MANION ~ to sees fit. r ---V r. ~r~a ~' a~ '~' ~ take a moment to express the issu the past, and that is with the judge who presides over the case. Obviously, what the Senator from Ohio says is right, that untll conviction the attor- ney is not in any way in a position of facing a forfeiture of moneys that have come into his hands as a result of his relationship with the defendant. But if he has knowledge and it can be shown and the court decides the attor- ney had knowledge the money the de- fendant delivered to him was received from proceeds of espionage or the pro- ceeds of selling drugs, they are treated the same. It is up to the court to deter- mine what should be forfeited under this statute. Mr. METZENBAUM. IS it my under- standing that the amendment of the Senator from Alaska is intended to be interpreted in the same manner the courts have Interpreted the drug?relat- ed cases? Mr. STEVENS. That is correct. Mr. METZENBAUM. I have no fur- ther questions, Mr. President. Mr. LUGAR. Mr. President, as a co- Loav FIe to that campaigne volved wit, support on support in his sizable city, a in which indepe their lot with peo Mr. President, of intelligence. Ve work in behalf of commena the distinguished Senator qualities which have 1 from Alaska for a very important support in our State amendment. On our side, we are pre- support from many Mr. PELL. Mr. President, the collo- I mention all this beC quy between the Senator from Alaska been, .I have noticed, a and the Senator from Ohio cleared up paign.of persons who ar' been with us in approving this amend- ~~~_ the nature of the ar mend we go forward. lieve he is too conservativ The PRESIDING OF'F'ICER. Is ~~ and for issues that there further debate? If not_ the mtac. consider. agreed to. ~ - predate that others have sa Mr. S'I'EVENS. Mr. President, I that really is not the issue. We move to reconsider the vote by which persuaded that persons are eft ~Mr__LUGAR. I move to lay that we are talking about competent -- -- --- -------_........,, ,,a agreed Lo. about specific activities as part o 11R~ e+Te.~~~r...... .. _ _ - .. _ _ ~4, . asaa a.iui the Senator from Rhode Island. I ap- that .those who are attempting w waa ?ca,y 1711. history on this amendment. a matter of fact, Dan Manion is a ~v Mr. LIIGAR T thnntr rt,e ae.....,._ ......,.,e.,,... L...___ ~_,_ -a ? ~ a caauis>,ti? ~ suggest the absence Petent public servant, a person, I of a quorum, lleve of extraordinary force as he' ,; The assistant legislative clerk pro- presented conservative ideas in ~ t c7~aAaA to nett ?t.., ._n e.a_._ . _ _ . . ed, some of them not. Clearly, hey h thought he lacked confidence) o tontrea ?L._ _L?lia-. a_ v___ .. well in public life and with public Issues. I ^ 1450 ' Mr. LUGAR. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFT'ICER. With- out objection, it is so ordered. of character, and Geed after tomorrow on. the e people of the Senator Dnx Qva~ of Indi to very strong Dan Manion as our constituen rsons around the merits for this nominee, the n se there has v ?ti nal p I ~. not so well n. I appre- ent that y persons that Dan at the ~I aP- that e not i too ther, June .25, 1986 a look at this vote on cloture to- ow, we take a look at another and that is basic fairness to a ee, a nominee for a very tmpor- e that legal scholars have through the years to try ink, for the particu- Republicans or at the man or ee; Lhe Presi- nomination; nomination. will prevail tong vote ^ 1500 Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk call the roll. ^ 1510 Mr. MATHL4,S. Mr. President, 1 ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER (Mr. McCo~vxat.). Without objection, it is so ordered. en~:rmx~vr xo. s t e s Mr. MATHL9S. Mr. President, I send an amendment to the desk and ask for its immediate consideration. The PRESIDING OFFICER. The clerk will report. The legislative clerk read as follows: The Senator from Maryland lMr. 11~- rxn+s] Droposes an amendment numbered 2186. Mr. MATHL9S. Mi. President, I ask unanimous consent that further read- ing of the amendment be dispensed with. The PRESIDING OFFICER. With- out objection, it is so ordered. The amendment reads as follows: At the appropriate place Insert the follow- ing: = Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 1 - - I Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 I June 2a, 1986 CONGRESSIONAL RECORD - SEniATE TITLE -VICTIMS OF TERRORISM "(B) by insuran Ce S 8-131 COMPENSATION ' I "(B) Except as provided in subparagraph "(d)(1) Except as provided In paragraph (C>, payments shall be available under this SF.('lt01.5HORTTITLE. (3), the President shall make la cash PaY- paragraph for a spouse or child of an Indi- This title may be cited as the "Victims of merit to any individual a?ho became or be- vidual who is a captive for education or Terrorism Compensation Act". comes a captive commencing on or after No- training which occurs- SE('. ROY. BENEFIT5 FOR CAPTIVES A\D (YfHF,R 1'IC- vember 4, 1979. Such payment shall be "U) after that individual has been in cap? TIMS uF HDSTiLE A(Tlun. made before the end of the one-year period five status for 90 days or more, and (a) Irv GE-veRAL.~ubchapter VII of chap- beginning on the date on ahicti the captive '?(ii) on or before- ter 55 of title 5. United States Code, is status of such individual terminates or, !n ?'(I) the end of any semester or quarter (as amended by adding at the end thereof the the case of any individual whose status as a appropriate) which begins before the date following: captive term[nated before the date of the on which the captive status of that individ- ?05569. Benefits for captives enactment of the Victims of Terrorism ual terminates. or "(a> For the purpose of this section- Compensation Act, before the I end of the ?(II) it the educational or training instltu- "(1) 'captive' means any individual [n a one-year period beginning on such date. tfon is not operated on a semester or quar? captive status commencing while such indi- (2) ', payment under this subsection in ter system, the earlier of the end of any vidual is- the case of any individual held gas a captive course which be b f " gan e ore such date or the (A) in the civil service, or shall be not less than the amount of the end of the 18?a?eek period folloa?tng Lhat "(B) a citizen, national, or resident alien world-wide average per diem gate which date. of the United States rendering personal would be payable to any person under sec- service to the United States similar to the tlon 5702 of this title, based on=~ In order to respond to special circum- service of an individual In the civil service (A) a Period of time equal to the period stances, the appropriate agency head may (other than as a member of the uniformed for which such individual was held as a cap- specify a date for purposes of cessation of "(2) the term ca five status' means a `?' "1O wuria-wise average per diem rate Alan cne sate watch would otherwise apply President, arises because of a hostile action volved, was In effect under such section and is a result of the individual's relation- "(3) The President- ship with the Government; "(A) may defer a payment under this sub- "l3) -missing status'- section in the case of any individual a?ho, "(A) !n the case of an employee, has the during the one-year period described in meaning provided under section 5561(5) of paragraph (1), I8 charged with an offense this Lltle: and described !n subparagraph (B), until final "(B) In the case of an individual other disposition of such charge; and than an employee, has a similar meaning; _,'(B) may deny such GaYment in the case " For the purpose of this paragraph. "(B) anY individual (other than a dannn.i_ individual: and ent under subparagraph (A)) who !s a ~ci?a means a dependent under section "(li) related to the captive status of such 5561(3)(B) of this title. member of such person's family or house- Individual. "(2XA) In order to respond to special cir- hold. (4) A payment under this (subsection cumstances, the head of an agency may pay '(b)(1) The Secretary of the Treasury shall be in addition to any other amount (by advancement or reimbursement) acap- ahall establish a savings fund to which the Provided by law. ~ five for expenses incurred for subsistence, tread of a,n agency may allot all or any por- ' (5> The provisions of subchapter VIII of tuition, fees, supplies, books, and equip- tlon of the pay and allowances of any cap- this chapter (or, in the case of any person went, and other educational expenses, whlle live to the extent that such pay and allow- not covered by such subchapter, similar pro- attending an educational or training institu- ances are not subject to an allotment under visions prescribed by the President) shall lion. section 5563 of this title or any other provi- BPPly with respect to any amount~due an in- '?(B) payments shall be available under Sion of law. dividual under oara?ran), r~, ~..e. ~....,.:_ .. . average rate paid on United States Treasury (3)(B) !s a claim of the IInited States Gov- uars captive status, and "(ii) on or before- bllls with 3-month maturities issued durin ernment for pur os f p g es o section Sill of title the preceding calendar quarter. Such inter- 31? "(I) the end of any semester or quarter (as est shall be compounded quat'terly. "(3) Amounts in the savings fund credited to a captive shall be considered as pay and allowances for purposes of section 5563 of this title and shall otherwise be subject to withdrawal under procedures which the Secretary of the Treasury shall establish. "(4) Any Interest accruing under this sub- section on- "(A> any amount for which an individual 1s indebted to the United States under sec- tion 5562(c) of this title shall be deemed to be Part of the amount due under such sec- tion 5562(c); and "(B) anY amount referred to !n?section 558611) of this title shall be deemed to be Part of such amount for purposes of such section 5568(1). "(5) An allotment under this subsection maY be made without regard to section b563(c) of this title. "(c) The head of an agency shall pay (by advancement or reimbursement) any indi- vidual who !s a captive, and any family member of such individual, for medical and health care, and other expenses related Lo such care, to the extent that such care- "(1> is incident to Stich individual being a captive; and "(2) !s not covered- "(A) by any Gorernment medical or health program; or "(e)(1) Under regulations prescribed by appropriate) which begins before the date the President, the benefits provided by the which is 10 years after the day nn which the Soldiers' and Sailors' Civil Relief Act of captive status of that individual terminates, or 1940 includin th b , g e enefits provided by sec- lion 701 of such Act but excluding'the bene- fits provided by sections 104, 1051 106, 400 through 408, 501 through 512, and 514 of such Act, shall be provided in the case of anY Individual who is a captive. "(2) In applying such Act under this sub? section- ' (A) the term 'person in the military serv- ice' is deemed to include any such captive; "(B> the term 'period of military ?ervice' is deemed to include the period during which the individual is in a captive status;!and "(C> references to the Secretary of the Army. the Secretary of the Navy, the Adju- tant General of the Army, the Chief of Naval Personnel, and the Comtna.ndant, United States Marine Corps, are deemed, in the case of any captive, to be references to art individual designated for that oiimnan by "(f)(1)(A) Under regulations prescribed by the President, the head of an agency shall Pay Iby advancement or reimbursement) a spouse or child of a captive for expenses in- curred for subsistence, tuition, fees, sup- plies, books, and equipment, and other edu- cational expenses, while attending RIl educa- tional or training Institution. I "(II) if the educational or training institu- tion is not operated on a semester or quar? ter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date, and shall be available only to the extent that such payments are not otherwise authorized by laa?. "(3) Assistance under this subsectlpn- "(A> shall be discontinued for any individ- ual whose conduct or progress is unsatisfac? tort' under standards consistent with those established pursuant to section 1724 of title 38: and "(B) may not be prov[ded for any individ- ual for a period !n excess of 45 months (or the equivalent thereof !n other than full- time education or training). "(4> Regulations prescribed to carry out this subsection shall provide that the pro- 6ram under this subsection shall be consist- ent with the assistance program under chapters 35 and 36 of title 38. "(g) AnY benefit provided under subsec- tion (c) or (d) may, under regulations pre- scribed by the President, be provided to a family member of an individual if- Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 i S 8432 CONGRESSIONAL RECORD -SENATE June 2a, 1986 "(1) such family member ffi held in captive st:c. ea. TRANSITION PRO~7su-NS. I made before the end of the one-Year period status: and (a) BAVIaICa FIIAD.-ll) Amounts may be beginning on the date on a-hich the captive "(2> such individual ffi performing service allotted to the savings fund under aubaec? status of such person terminates. !or the United 6tates as described to aubsec- lion (b) of section b589 of title) 5, United ?(y) The amount of such payment shall be lion (a)(1)(A) when the captive status of States Code (as added by section 802(x) of determined by the President under the pro- such family member commences. this Act) from pay sad allowances for any visions of section 5589(dx2) of title 5. "(h) Except as provided in subsection committed by a person while the services): and (a> PAVMENTS.-(1) Chapter 10 If title 37, person i6 in a captive status: and "(2) 'family member', as used with respect United States Code, is amended by adding "(ii) related to the captit?e status of the to an employee, means- at the end thereof the folloa?ing~ new sec- Person. "(A) any dependent of such employee; and Lion: I ?'(4) A payment under this subsection is in "(B) any individual (other than adepend- ?? additi on to any other amount provided by g Sb9. Benefits for members held 88 captives ent under subparagraph (A)) who ix n law. rota. ??tl) 'captive Status' means 8' missing "" "~~ """"~" uuc n {rerson unQef Ln15 status of a member of the uniformed sen?- subsection shall, after the death of such "(b) The President shall prescribe regula- ices which, as determined by the President, person, be deemed to be pay and allowances Lions under which an agency head may pay for the purposes of this chapter. compensation for the disability or death of ~~ ~~ of a hostile action and ffi a result of membership !n the unifo I ed serv- ~ (8) Any payment made under paragraph an employee or a family member of an em- (1) of this subsection that is later denied Dloyee if, es determined by the President, ices, but does not include a period of captiv' tutder paragraph t3XA)(ii) of this subsec- the disabllity or death was caused by hostile Ity of a member as a prisoner of war if Con- lion ffi a claim of the United States Got?ern- action and was s result of the individual's gress provides to such member, in an Act en? merit for purposes of section 3711 of title 31. relationship with the C3overnment. acted after the date of the enactment of the "(d) A determination by the President "'1?>asl, for hitnseif, Mr. FIF,CHT, Mrs. HAw- The Senator from North Carolina [Mr. taxpayer by getting in place the in? Itllvs, and Mr. Boscllwlrz, proposed an FiELMSI proposes an amendment numbered spectot general office that we mandat- 9mendment numbered 2191. 2190. ed last year. Mr. HELMS. Mr. President, I ask Mr. LIIGAR. Mr. President, I wish unanimo entrthat theereading of unanimous consent that the reading of to pose a question to the distinguished the amendment be dispensed with. the amendment be dispensed with. Senator from North Carolina. The PRESIDING OFFICER. With- The PRESIDING OFFICER. With- It is my understanding that the out objection, it is so ordered. out objection, it is so ordered. amendment now has deleted three The amendment is as follows: The amendment Is as follomc? words in the lanlruarre of iinac ~ d , ~ mg new section: _. ___ __.,, .,,.,,,,,- mr. ti>?:f.naS, I would lie ready to .a.a "`W secuon: SEI:. 70Y. INDEPENDENT INSPECTOR GENERAL FOR accept that, I Say t0 my friQnd, SEC. 70Y. PROHIBITION ON THE USE OF FCtNpg POR THE DEPARTMENT OF STATE Mr? LUGAR. Mr. President, we are oRCTHR w~esTf awr~~L. JERUSALEM, ca) ALLOCArtoff or FUNDS.-Of the funds prepared to ttccept the amendment. None of the funds authorized to be a authorized to be appropriated for the De- Mr? PELL, Mr. President, on this priatea by this Act may be obligated orpex- parcment of State for the fiscal years 1986 Side, too, we accept the amendment. Pended for site Requisition, development, or and 1987. 2.000,000 for the fiscal year 1986 The PRESIDING OFFICER. IS construction of any facility [n Israel, Jerusa- and 12.000,000 for the fiscal year 1987 shall there further debate? be available only for the operations and ac- Mr. HELMS, Mr. President, I have lem, or the West Bank, except that tivities of the'Inspector General for the De- a 383,423,000 shall be available for site acqul- paI'tment of State, a weed with the managers lof the bill sition, development, or construction to dent under section 3 of~ he Inspector Geiser- to remove a legislative prohibition Israel of a chancery and residence within a] Act of 1978, to'conduct those acti~9ties from the amendment agafilst the as_ five miles of the Israeli Knesset building specified !n section 209tg) of the Foreign signment of foreign service personnel exidstedtbefore June lalgg7,~~ d ~8i Service Act of 1980, as such section was in to the IG Office at the State Depart- nothing in this section shall require the con- effect before the date of enactment of this .meet. I have done so because it is in struction of any facility if the Secretary of Act. fact redundant, The independent IG State determines and reports to the Con- (b) ABOLIrION~OF PROGRAM IxSYECTOR GEH- at the State Department I must be, gl'eSS that the physical security of personnel 1''ul---(1> Section 209 of the Foreign Service under the IG Act of 1978, in complete Act of 1980 and section 150cb) of the For- Control of the to ~ employed at that facility cannot be eitsn Relations Authorization Act, Fiscal personnel Lnl his office adequately guaranteed" Years 1986 and 1987, are repealed. including their hiring, continued em- On page 91, in the table of contents, after Mr. LUGAR. Mr., President, I know of no further amendments. AM~NDMEN2' NO. 2193 ~ The PRESIDING OFFICER: The question is on agreeing to ?Amendment 2193. On Lhis question, the yeas and nays have been ordered, and the clerk will call the roll. The assistant legislative clerk called the roll. Mr. SIMPSON: I announce that the Senator from Rhode Island [Mr. CHAFEEI, the Senator from (Florida [Mrs. HAwxrNSl, the Senator from Nevada [Mr. HECxTI, the Senator from Nevada [Mr. LAXALTI, the Senator from Oregon [Mr. PACxwoon] and the Senator from South Carolina [Mr. TxvRMONDI are necessarily absent. I further announce that, if present and voting the Senator from jF7orida [Mrs. HAWKINSI, and the Senator from South Carolina [Mr. THUSMOxnI, would each vote "yea." The PRESIDING OFFICER. Are there any other Senators in the Cham- nays 0, as follows: [Rollcal] Vote No. 151 Leg.] YEAS-94 Abdnor Glenn Metzetibaum Andreas Goldwater Mitchell Armstrong Gore Moynihan Hnucus Gorton Murkodvski Bentsen Gramm Nickles Biden Grassley Nunn Bingaman Harkin Pell Boren Hart Pressler Boscha?itz Hatch Proxmi re Bradley Hatfield Pryor I Bumpers Heflin Quayle Burdick Heinz Riegle Eyrd Helms Rockefe ller Chiles Hollings Roth Cochran HuatphreY Rudm Cohen Inouye Sarbane s Cranston Johnston Sasser D'Amato Kassebaum Simon Danforth Kasten Simpson DeConcini Kennedy Specter) Denton Kerry Stafford Dixon lautenberg Stennis Dodd Leahy Stevens Dole Levin Symms Domenici Long Trible Durenberger Lugar Wallop EaBleton Mathias Warner East Mataunaga Weicker Evans Mattingly Wilson Exon McClure Zorinsky Fbrd McConnell 1 Garn Melcher NOT VOTING-6 Chafee Hecht Packwoo d Hawkins Laxalt Thurmo nd So the amendment (No. 2193) was agreed to. ^ 1850 Mr. DOLE. Mr. President, I move to reconsider the vote by which the amendment was agreed to. Mr. LUGAR. I move to lay) that motion on the table. The motion to lay on the table was agreed to. Mr. LUGAR addressed the Chalir. The PRESIDING OFFICER.i The Senator from Indiana. June 25, 19b o Mr. 'LUGAR. I ask unanimous con- sent that- the Senator from South Carolina [Mr. THURMOND) be added as a cosponsor to the Byrd amendment. The PRESIDING OFFICER. With- out objection, it is so ordered. There will be order in the Senate. There is too much conversation. Please remove your conversations to the Cloakroom. We cannot hear the Senator from Indiana. Mr. KASTEN. Mr. President, I wonder if the distinguished Senator from Indiana will yield for a question? Mr. LUGAR. I am happy to yield. Mr. KASTEN. I am advised that the funding contemplated by this legisla- tion will provide an increase of about 400 new positions for the Department of State's diplomatic security services. Mr. LUGAR. The Senator from Wis- consin is correct. Mr. KASTEN. Mr. President, it is my understanding that some of the new positions authorized in this bill are to be assigned on a nonreimbursa- ble basis to the small security office of AID. It is my understanding that the discussions have focused on approxi- mately 15 positions. This arrange- ment, which 1 strongly endorse, re- sults from discussions between the Foreign Relations and Appropriations Committees with appropriate officers of the Department of State and AID. I wonder, Mr. President, if my under- standing on this point is shared by the distinguished chairman, the Senator from Indiana. Mr. LUGAR. Mr. President, the dis- tinguished Senator from Wisconsin is correct in his understanding. A key consideration in this legislation is the necessity to fix responsibility for secu- rity of our diplomatic personnel in one officer, the Secretary of State. Section 106(a) of the act, however, in the in- terest of organizational effectiveness, vests authority in the Secretary to del- egate operational control of overseas security functions of other Federal agencies to the heads of those agen- cies who remain fully responsible to the Secretary of State Ln the exercise of those delegated duties. In terms of day-to-day security operations, the AID security group must be able to execute and administer for AID's over- seas personnel the Department's secu- rity standards and policies. It is with this requirement in mind that the De- partment of State and AID have deter- mined that a limited number of these new positions, as the Senator from Wisconsin has indicated, should be made available to AID, funded from the supplemental appropriations pro- vided under this bill. Mr. KABTEN. I thank the distin- guished Chairman, Mr. President. I be- lieve the arrangement we have dis- cussed here will enhance the effective- ness of this legislation by insuring that AID has sufficient resources to fully support the Department's securi- ty requirements In these hazardous times. Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 i _ Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 June l~, 1986 CONGRESSIONAL REC I RD -SENATE $8471 Mr. DENTON. Mr. President, the processed. The barriers Ilso extend to firsthand Inspection of their claims of shocking hijacking of TWA flight 847, pharmaceuticals, chemicals, books, fruit fl~? infestation, but to date, the Eg5?ptAir 648, the airport massacres in and movies, which arel denied fair Korean Government has not yet re- Rome and Vienna and the bombing of market access both through tariffs sponded to the invitation. TWA flight 840 underscores the neces- and quotas and by refusal to provide Let me mention briefly a few other silt' for effective security at airports in adequate protection for intellectual entrenched barriers. Korea mafntains this country as well as abroad. The property. I a senseless 80-percent tariff on United aftermath of these bloody terrorist Mr. President, in the ariea of agricul- States raisin exports. There is no logi- episodes demonstrated that lax airport tare, South Korea maintains the most cal justification for this barrier since sPCUrity may have provided the oppor- protectionist import policy of the there is no raisin industry !n South tunny for terrorists to carry out their newly industrialized countries in Asia. Korea to protect. The California grim mission of vengeance and death. The list of trade barriers particularly Raisin Advisory Board has shown a Mr. President, the United States to high-value or specialty crops, is ex- positive and aggressive business atti- must take a lead in securing its air- tensive and entrenched.ILet me just tude by developing a marketing pro- ports from access by terrorists and point out a few examples. gram in Korea using targeted export must also work with the international The Korean Government, on Janu- assistance funds. Their efforts will be community to prevent the loss of lives art' 1, 1986, implemented a compre- wasted if this trade barrier remains of innocent air travelers at the hands hensive plan to protect I their Indus- Intact. of terrorists. To allow this Nation to tries from agricultural imports. They Finally. Korea was silo a country take such a lead, I introduced S. 2488, attempted to justify these nea? import designated by the USTR under the the Antiterrorism and Air Security restrictions by arguing that balance- Wine Equity Act, which I authored in Act, a bill which a?as referred to the of-payments problems force them to 1984, as a country that has significant Commerce Aviation Subcommittee preserve foreign currency. A Korea market potential for United States chaired by my distinguished col- Trade News article on December 8, wine sales, but maintains trade bar- leagues from Kansas, Senator KnssE- 1985, outlined this management plan riers, including tariffs, inhibiting such snuM. that would be used Lo effectively con- wine trade. Corsultations with Korea The Antiterrorism and Air Security trol imports. This plan included sever- to rectify these trade barriers have Act will require Lhat a criminal history al actions that are injurious to Califor- produced no results t.o date. check be conducted on any airline or nia. ~ Now, outside the area. of agriculture, airport employee whose duties permit For? example, the Ministry of. Agri- there have been some promising signs. them access to secured areas of air- culture and Fisheries has been sending For example, there are press reports ports or to commercial aircrafts. The letters to importers of I raisins and that the pending actions against act also proposes to make it a Federal citrus fruits informing them that im- Korea brought under section 301 of crime to enter airport secured areas porting such goods is contrary to the the Tra,d~ Act of 1974. covering lnsur- without authority. The latter provi- policy of conserving foreign exchange, ance and intellect:aa! property, are lion is intended to deter the unlawful and urging them to work with their circumvention of airport security sys- customers to reduce the ivolume Progressing significar_tlp. Also, we are par- eagerly awaiting c'ra~;ges in Korean terns as well as the unauthorized gene- chased. laws that will allow United States film tration of secured areas on airports. South Korea has also tightened distributors to do business in Korea. Such activity must be forcefully pro- quarantine procedures agauvst Califor- Nevertheless, there are so many scribed by Federal law to combat any nia citrus and requires our citrus Lo be other important disputes to be settled, threat of terrorist activity against civil subjected to 2 weeks of (zero degree that we must press for continued im- aviation in this country. temperatures. This seriously reduces prorement in order to a.Ilow for con- Mr. President, I had considered of- the high quality of our fruit, and is an tinued designation of the Republic of fering the substance of S. 2468 as an unjustified nontariff barrier. Korea as a beneficiary under GSP amendment to the bill currently being The other measures that went into after the completion of the general considered. However, after talking effect on January I include a contin- with Senator KessESavn~, chairman of ued suspension of all high quality beef review prior to January 4, 1987. the Aviation Subcommittee, who imports, and imposition of quotas on Mr. President, I commend the distin- shares my concern over the safety of frozen potato imports designed to keep gutshed Senator from Kentucky CMr. our airports, we concluded that it imported french fries out of supermar? McCoxtaEt.Ll, for bringing, the present would be beneficial to conduct a joint kets. troublesome situation in United Judiciary Security and Terrorism Sub- The U.S. Agricultural Counselor in States-Korean trade relations to the committee/Committee Aviation Sub- Seoul, in a report he submitted on De- attention of the Senate, and 1 sincere- committee hearing on the question of cember 23, 1985, concluded about ly hope that we can settle this matter airport security in general and S. 2468 these measures that "Traders in food quickly and comprehensively. in particular. products all report that they are exile- ne~xxn~r xo. s~so Therefore, at this point I will not riencing overt pressure (letters and Mr. THURMOND. Mr. President, I offer S. 2468 as an amendment. warnings) and indirect pressure (extra rise today in support of the amend- I look forward to working with Sena- redtape and unexplained delays) went by Senator McCoxtvtna, to the for Knssteatn~ in our joint effort to aimed at discouraging imports of con- diplomatic security ,bill. This amend- protect our Nation's airports. lamer-ready products, and that this went expresses the sense of the xoxEna rRene panrricss-exsxnMExr xo. pressure has been increasing in recent Senate that the Republic ~f Korea silo months." I should not be treated as a beneficiary Mr. WILSON. Mr. President, I a-ant In particular, the Koreans' move to developing country under the U.S. to join with my colleague and friend tighten quarantine procedures has fo- Generalized System of Preferences from Kentucky, Senator McCoxxEi.1., cased on California citrus, which !s re- until Korea discontinues its "unrea- in denouncing the blatantly unfair quired to be subjected to 2 weeks of sonable, unjustifiable, and discrunina- and protectionist trade practices of zero degree temperatures. The Kore- tort' acts, policies, and practices" with the Republic of Korea. This country, ans have unilaterally and incorrectly respect to trade. This amendment is which has benefited so greatly from declared all California citrus to be in- identical to Senate Resolution 389, of its friendship with the United States, felted with the Mediterranean fruit which I am a cosponsor. should not so cavalierly maintain old fly, in spite of the fact that the USDA Last month, the President of the Re- trade barriers nor continue to erect gave California citrus a clean bill of public of Korea made a commitment new ones. Yet, Mr. President, it does. health over 3 years ago. I to Senator I~cCoxxsct, that the Na- The barriers run from high technol- In early December of last year, the tional Assembly of Korea would pass s ogy goods and electronic products to USDA incited Korean scientists to bill to privatize the Koreas tobacco agricultural goods, both fresh and come to the United States to make a monopoly. Yesterday, the Korean Na- Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 S 8472 CONGRESSIONAL RECORD- SENATE June ~~~, 1986 tional Assembly completed its special example, that rural unemployment lions, farm labor organizations. agri- session. Not only did this bill not pass data-one of the most salient pieces of cultural universities, and agricultural the Assembly, but the entire bill R?as information on the well-being of rural scientists-unanimously passed a reso- withdrawn. I am disappointed that the America-are tragically underestimat? lution that the Bureau of the Census Koreans did not carry through with ed. Beyond shaky statistics on employ- and the agricultural division should this commitment. ment is evidence of even higher levels move ahead a+ithout further restrain[ Mr. President, this action by the of underemployment in rural areas. to finalize plans for the critically im- Korean Assemble is particularly disap- Studies of such topics are reported in portant 1987 census of agriculture. pointing in view of the fact that Korea anew publication, "NeR+ Dimensions Mr. President, I ask unanimous con, continues to flood our market with in Rural Policy," which has been pre- sent that their resolution be printed in textile imports. For calendar year pared through the Joint Economic the RECORD at this time. 1985, Korea was the source of over 10 Committee. percent of the textile and apparel im? Another rural-related topic Chat ob- AESOLIITIOx ports coming into the United States. viously requires more detail and alter- Whereas the recent and ongoing agrtcul? In fact, their total shipments of over lion is agriculture. Agriculture re- tural and rural crisis demands quality 1.1-billion-square-yard equivalents was mains the dominant force behind eCO- census data including economic and social second only to the total sent to the nomic and social well-being in many agricultural statistics, United States by Taiwan. hundreds of our counties and, just as Whereas the U.S. census of agrtculture Many of us have hoped that the Ko- important, is the major national Indus- provides data [or the Nation. States, and rears mould open their market to try for rural and urban jobs alike. Yet, rtes Lhe3federated respon. ib 1 ty forrus all ar- American businesses. U.S. businesses the U.S. census of agriculture is facing v~+hereas we share the goal of obtaining would like to trade with the Koreans. restrictions from Office of Manage- high quality agricultural census data at the Unfortunately, this latest action ment and Budget. on top of continued county level for use by Federal agencies. shows a lack of commitment on the funding difficulties es the Census State governments, local county agencies, part of the Koreans. I am prepared to Bureau gears up for the 1987, collet- businesses, and private groups. support legislation Lhat would Correct lion of data on farms throughout the.Whereas the mail-list development proce- THREATS TO THE IMEGAITY OF RIIRAL AND IARM ~ Perhaps at no time has there~~~ been a 1987 census, follow-on sun?eys, and future censuses, STATISTICS greater need for a better count of our Whereas the census of agriculture !s faced Mr. ABDNOR. Mr. President, by of- .farms, farm operators, and indicators with the externally imposed prospect of facial count. more rural people live in of what has been happening to our moving from a methodology dependent the IInited States today Lhan at any farms. American agriculture and Nun- upon carefully developed lists with nonfarm other time in history. This probably dreds of thousands of farmers in this names to an optional combination of mail comes as a surprise to many Ameri- proud land have taken a beating far lists and area samples, cans, rural and urban alike. too long. There is a strategic need to Whereas the loss of a large mailing list This highest-ever number of rural know how farms have changed since Rill make it impossible to produce detailed. Americans occurs despite the fact that the last census of agriculture in 1982. county level data, only 26 percent of our total U.S. popu- We need more information on the fat- Whereas the quality and comparability lation is rural. It is this R?1th pre~dous censuses would be lost and percentage tors that have torn at our way of any follow-on sun?eys such as a farm ti- that is so often cited to indicate a de- farming, factors that have stressed in- Hance survey would be impaired, and cline in the rural population. For dividuals and farm families, factors whereas list development for the next while half of the nation vras rural at that have strained or collapsed so census would also be adti?ersely affected, the end of World War 1, about one- many rural and farm communities, It is resolved that: fourth is today. Rural population and factors that are sapping one of The Advisol?y Committee on Agricultural growth has always been a part of our America's strengths, Statistics supports the commitment of the country's overall grott?th, yet, only the The burden of ignorance of these Bureau to presen?e and enhance the integri- declining percentage seems to receire matters is severe. To address the ongo- ty of the data at the National, State, and attention and, by implication, to the ing rural and farm crisis and to' better the important county levels. detriment of rural inhabitants. manage long-term changes, we need We support the Bureaus efforts to en- Still, and contrary to conventional quality data from our national agen- Nance mail list development and experimen- hearsay, the number of rural people is ties which provide it. Indeed, the pro- tation R?ith data collection techniques which groR?ing rather than shrinking. Ac- vision of these data is a national re_ ~?ill improve lists and response rates. AS in the past, we support the concept of cording to the latest figures available sponsibility to the federation of our area samples as a supplement to State esti- for 1984, over 61 million people are States and to local areas. mates but feel that area ss.-npling cannot re? rural residents. This number approxi- All Americans benefit from this in- place the need for county level estimates. mates the number of all people in our formation. With quality data on rural We recommend that the solution to qual- country acentury ago. and agricultural situations, citizens, ity agricultural census data R?ith integrity at There are as many rural Americans scientists, and policy analysts can the National. State. and county levels lies as all who live in the Nation's eight better provide the suggestions which not in budget cutbacks or in mail list restric- largest cities-New York. Los Angeles, can lead to valid, lasting rural and lions but, instead, in the base of tried, dem- Chicago, Philadelphia, San Francisco, farm policies. onstrated, and improved data collection Detroit, Boston, and Houston. Illus- Today I call for quality data on rural techniques carefully developed throughthe Crated in other ways, rural people in and farm America. The integrity of a ire I recommends thatsuthe agricultural total outnumber the combined popula- rural and agricultural data must be census mailing list have an adequate lion of the three largest States es well protected and enhanced. Without aC- number of addresses to maintain previous as that of the 30 smallest States. curate knowledge of the problems, at- levels of completeness, as recommended by There are nearly as many rural people tempting policy solutions may be inef- the Census Bureau, !n the range of 3.7 to 4.0 as there are persons under age 18 fective, wasteful, and even counterpro- million addresses. across the United States. The number ductive. The millions of our citizens Mr. President, let us not fail aural of rural people in America is simply a who are facing the special problems of and agricultural America for lack of large number by any national compari- rural America certainly rate fair and knowledge Lhat is within our grasp. son. comprehensive data on their condi- Rather, let us gain knowledge upon While we can noR? realize that the lions. which to base sound solutions. rural population is large, we cannot Late last week, the Census Adt+isory Mr. LEAHY. Mr. President, I rise to know as much as we need to know Committee on Agricultural Statistics- voice my strong support for the Diplo- about this major component of our so- a group of representatives from: agri- matic Security and Anti-Terrorism ciety and economy. Studies tell us, for cultural businesses, farm organize- Act. Declassified and A roved For Release 2011/12/02 : C , pp IA-RDP89B00297R000300630005-0 .~.~~. i Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 t Against Hostage Taking A' ft H' p eg-s a ion before the Senate minority member'of the Commit ~ ee on - Ircra t- today I June Z~, 1986 CONGRESSIONAL RECORD -SENATE S 8=73 With the increase in recent years of better management. This bill will Mr. BYRD. Mr. President, I will only terrorist attacks against Americans insure that existing resources are used be I minute. So that the distinguished and American installations overseas, in ways which save lii?es and protect Senator from Maryland will get the Congress has enacted a number of im- American interests. That is exactly floor, I only want a minute, and I yield portant pieces of antiterrorism legisla- what we should be doing. and I urge the floor. lion. As the ranking member on the my colleagues to vote for it. Subcommittee on Security and Terror- Mr. THURMOND. I rise to com- Mr. MATHIAS. Mr. President, I ism, I am proud to have worked closely mend Senator Lvicex and Lhe members oneethat I ha eo discussedt withuthe with Chairman DEMON on many of of the Foreign Relations Committee chairman of the Committee on For- those measures. They include the errs- for their efforts in bringing this im- eign Relations and with the ranking bling legislation for the Conventions ortant 1 1 ' or Ism as Increased dramat;cal- Mr. President, I ask unanimous con- tionally Protected Persons. A program ly in the last 5 years. I am particularly sent that conferees on behalf of the of antiterrorism assistance to foreign concerned that much of the terrorist Senate Governmental Affairs Commit- countries has been established, a re- activity has been diiect.ed against tee be appointed specifically to deal wards-for-information fund was au- United States' interests and installs- with the Grassley amendment to H.R. thorized and funded, and a major air- lions abroad. The vicious attack in 4151. port Security mes~curP maa ~ri.,.,~o,a ....,. __ . _ _ _ . Foreign Relations. jacking and Crimes Against Interns- Terr ' h tacks on United States Embassies in `"~"`~"" .~ a c,rac u,uswawon oI ter- two sections of the District of Colum~- Iran, Pakistan and Libya, Congress rorism specifically targeted at our bia Code from the law which prohibit embarked on a 5 Nation. The tragedy in Beirut and and set penalties for interference with year Security En- other acts of terrorism directed at foreign diplomatic and consular of- yearly supplemental fundds forprover American officials abroad raise impor- fices, officers, and property. In addi? seas security. Total State Department tart questions concerning the physical lion, the amendment would bring the funding for security since 1980 has to- security of United States' Embassies District of Columbia under the juris- taled over 31.4 billion. and our other installatiins throughout diction of Lhe Federal proscriptions the world. spent on security during the past 6 years, this legislation demanded care- ful scrutiny by Lhe Congress. The ad- ministration requested almost 34.4 bil- lion for diplomatic security over the next 4 years. That would amount to a fourfold increase !n funding over the past 6 years, at a time when we are making major cuts in Important do- Passage of the Diplomatic Securit contained in 18 U.S.C. 112. As such, it y is a matter which is arguably within and Anti-Terrorism Act Hof 1986 is nec- the jurisdiction of the Subcommittee essazy so Lhat our Nation can better on Governmental Efficiency and the defend against terrorists attacks. This District of Columbia of the Govern- legislation establishes the Diplomatic mental Affairs Committee. For this Security Sen?ice (DSS> Ivt-hich will be reason, I ask that representatives from responsible for the security of our Em- that committee be appointed to the bassies. The DSS will operate under conference to address this amend- the supervision of the I Secretary of ment. State. Substantial .capital improve- The PRESIDING OFFICER. The menu to existing diplomatic facilities S enator is advised aye have not yet ap- never make our embassies impenetra- ~ order to improve security are au- pointed conferees on this bill. ble. We must resist the tendency to thorized by this bill. The necessary Mr. MATHIAS. My unanimous con- adopt a "bunker" mentality, whereby construction work is to Ibe performed sent was when they are appointed that our embassies become fortresses and by American contractors. there be conferees on behalf of the our diplomats cut off from the eo le Mr. President, this legislation is of Governmental Affairs Committee on P P vital importance in order to protect of the countries where they are sta- Americans who serve our Nation over- that specific amendment. tinned. If we allow the fear of terror- seas. I urge its passage. ~ The PRESIDING OFFICER. Is ism Lo overwhelm us, the terrorists The PRESIDING OFFICER. If there objection? Without objection, it will have won an important victory. there be no further amendment to be is so ordered. They will hold this entire country hos- proposed, the question [s on agreeing Mr. MATHIAS. I thank the minority age' to the committee amendment in the leader. I support strong measures to combat nature of a substitute. I Mr. BYRD. Mr. President, if I might terrorism. I have often recommended The committee amendment was have 30 seconds. that we develop a comprehensive agreed to. The PRESIDING OFFICER. The counterterrorism policy. Such a policy The PRESIDING OFFICER. The minority leader. should be based on diplomacy, and in- question is on the engrossment of the Mr. BYRD. I compliment the man- clude the ability to deter terrorist at- amendments and the third reading of alter sad the ranking manager, Mr. tacks by extraditing and prosecuting the bill. Ltlcax and Mr. PEt.t. respectively, on terrorists, and, if necessary, the dis- The amendments were I rdered to be the skill and the great dedication to criminate use of force. Finally, we engrossed and the bill to be read a the sense of purpose which they have must do what is reasonably possible to third time. ~ demonstrated in handling the embassy protect our diplomats stationed over- The bill was read a third time. security legislation. At all Ames they 5e~' The PRESIDING OFFICER. The exhibited great forebearance, I believe that this bill, as reported bill having been read the third time, pa tience, and understanding toward from the Committee on Foreign Rela- the question is, Shall it pass? those Senators who sought to bring up lions, is a good compromise. It author- So the bill (H.R. 4151), as amended, amendments. I thank them for the izes appropriations for diplomatic se- was passed, good job that they have done on curity and antiterrorism totaling 31.1 Mr. DOLE. Mr. President, I move to behalf of the Senate. billion for 1986-87, rather than the reconsider the vote by which the bill, Mr. President, I yield the floor. 34.4 billion over 4 years proposed by as amended, was passed, I Mr. LUGAR. Mr. President, I thank the administration. Mr. PELL. Mr. President, I move to the majority leader, and the minority In arriving at this amount, the com- lay that motion on the table. leader, for their cooperation. mittee considered that not all funds The motion to lay on the table was Mr. BYRD_ >utr ~,-p~;.+o?+ ,., previously appropriated for security ~o,~oo,~ +., ?" ?"' ?uYC peen spent, Lnat some of the ad- Mr. BYRD and Mr. MATHIAS ad- can hear the dirt n Senate so that we ministration's goals do not directly dressed the Chair. ~ the bill? guished manager of relate to security, and that others can The PRESIDING OFFICER. The The PRESIDING OFFICER. Will be accomplished with less money any Tlarn nnre+in 7u..Ae.. Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0 I S 8474 CONGRESSIONAL RECORD - We are asking for order in the Senate. down confu'mat.lon. That arguinenEis ensEure that only thoseune ~~. 198ti The Democratic leader's request a?as disingenuous. The simple troth is too well made. Please desist from further man people best conversations. Y Members of this body will vote ablyirepo ted'abyotheJ udicaary Com- The Senator from Indiana. for any administration nominee a?ho is mittee. Mr. LUGAR. still breathing. The Justice Depart- I completely agree with the views ex- tion to my thank rt pthe majorityand Pre denit Reagan Lo submit Mr. Man- ..n.,..o..,:..,. ____ minority leaders, I thank, of course. the inn'c .....,,,:__.,__ persuaded pressed by Senator THURMORD in 1979 General Meese that we expectLfuture Daniel Manion's nomination a?as not judicial nominees to meet at least min- favorably reported by the Senate Judi- imum standards of competence. ciary Committee, and for good reason. Mr. Manion's nomination isl in trou- He ~ not an individual of ' su ble for one reason onl his I perior Y- iextreme quality and merit." Nor is he among lack of qualifications. He hasp had no the "best qualified for a experience tri PPointment." briefs in State courts border on lli H= The composition of the Seventh Cir- cuit Court of Appeals and the creden- ~Y? He insulted the Supreme Court tials of the 13 judges now serving on by defying one of its key decisions in- that distinguished bench terpreting the Constitution. lie is op- Point. prove the posed by the deans Si f f x o o a long list of the 13, almost half of the cur- THE JUDICIARY major law schools throughout th rent bench were ai d a ng talk with o ed to confirm cult were nothing nea? to these six him in my office and fo dozens of President Reagan's conserv- judges. very open, honest, and dace h Howe ative judicial nominees-but they have ~ additional five members of the er, measured against the quali ' ations all had adequate qualifications. seventh circuit had distin needed for a Federal circuit ourt Manion flunks the test, not because he themselres as faculty membersat law judge, he simply does not measur ~ conservative, but because he I~ not schools prior to their appointment. in experience or legal scholarship, p' qualified. If the President wants to Their experience obriousl cause of his lack of - Point the fin er of blame for this Y qualified qualifications g them to meet the challenging tasks of must oppose his nomination. fiasco, he need point no further than the Federal a In my opinion, it is a shame that Mr. Meese for setting the standard of roles require an excleptional abilitBy to Manion has to bear the weight of criti- q ifications so low. analyze complex questions of law and cism which has been most severe. This ct, the shoe is on the othe I foot. explain their views in clear, concise. criticism should mere r~,,,,e~,.. L_ _ Mr? on's lack of ~,~a,;s;,._.:!__ . awe ,,..-__.,. dr or the Seve Circuit which ?r egged across the trail of Senate whole. The skills and experiencearea concerns me very muc deed. debate to confuse the real issue. quired for members of the seventh cir- Ihad the benefit of Democrats have y t committee who have ~ ~~?' "' ?ur markup and debate on this eg~islation. Also I want to thank the members of the staffs on both the majority and minority sides, and all Senators for Riving us this opportunity. Mr. PFr.t.. Mr. president, I concur in these thoughts of the Senator from Indiana. I am very grateful to him, to our staffs, and to the leadership which helped us keep this bill on the road. r y judges at the roM~ r~oN or aexra. ~. >~nxrox, oe nvaiex~, country, and, compoundin a ea g all of his time of their nomination to the sev- ro s s, crxcIIrr Jvncg rox riu sc~nvrti other demerits, he refused to come enth circuit. Each had demonstrated ciRCCi clean in his Senate confirmation hear- an ability to analyze complex legal Mr. P In view fng. Iss f t o he fact that ues and judicial precedents, to apply for the mo nt I have the floor, I Mr' Manion is a conservatile-but the law to the facts in complex cases, R?ould like to ide into another sub- ideology is not Lhe issue in this debate. and to write lucid, well-reasoned judi- ject, the subjec f Daniel Manion to In fact, the issue of ideology is a red cial opinions for the guidance of other be a judge in th U.S. Court of A herring in the literal sense-a false courts, the bar, and the co peals f p- od _ cial qualifications that would have and effective set of standards guide served on the bench, he haH.c npvo never permitted me t~ vnrn s... ~.,- . - _ _ the committee to t+~ e...,,.._.,__ _ ,.. _ ~ o h n school rooms, ass Federal the distinguished qualifications of the Rather I only wish that he had the ju- '~~eS' ~ order to develop orliable judges h di ' a er s precepts or o ttee, we Iheid By comparison, Mr. Manion has no because he wanted the Ten Comm specific hearings on th elections and experience even remotely ap r and- confirmation prp menu displayed i ' a c a Poor selec- a was nominated of the seventh circuit had been rs Lion for this nomination. solely beta of his conservative ide- tieing attorneys for 25 prac- I would add here that I am not ology and no or any distinctiin in time of their a yearn at the amongst those who have criticized the law. of them had sub tantial litigation ea Dan Manion because of his In 1979, when I chairman of the Perience In the Federal courts th beliefs or Senate Judiciary C his loyalty to his f ~crvea ror those in - ----? "" .`- ue a r?e 1 circuit u --_-. ?" ---- --??`~"""~ ocrul5. the executive that it s eats hj ~e ~ so striking The remaining two current mamb branch who made su h ??~ .~~~C, irie exec- ----' I g peen a faculty member at ?an ..`vcr utive branch would send u _ During the course of those hearin school, and he has never had an law who are qualified and whom wediri tthe minority mem erNnoted that "it isl' Y sig- Senate ranking ' icant experience in dealing with up a n care proudly support, To send portant that we kee in ~ un' eral or constitutional issues. In urination like this can hurt a tr p mind and can- fact Mr ve il , . a f ry fine Dun Y Deus our efforts on the fact argue Federal or a consU'tuti Y g man without any real that we must have qualifi reason. d e onal people on claim in a court to which he seeks Mr. KENNEDY addressed the Chair. fo e; mnticst be on eori~sue'irmiph~~' there- aPPointme The PRESIDING pFFICER Z?he diciarY of this co g that they ju- Mr. Manion Senator from Massachusetts. entry remains filled ack of qualifications is obvious to l Mr with KE . . e NNEDY ~, judges of superior quality i d ceived the lowest of the bar, He re- oppose the confi ~'esident, I merit." ing grade from Manion to be a Fede~ionu of Daniel Senator Txvrinaoxn went on to note mittee on the Federal _ j dge in the that this task "' ociation's Com- U.S. Court of Appeals for the Seventh ly but (is) one which tlbe Senate and him nnqu ~A ?O ciary, a mi Circuit. ~ tee found this co Let l f i a mm ied me respond at the outset ~ ttee, as a screening too] I of The Chicago Council of La those who are so piously regrettin the body, must accomplish with care- , an that this issue may well be decided on tihenscrutiny of each nominee." He organization of 1,000 attorneys he a cloture promi vote sed that he would continue eluded that Mr. Manion }~ nco>tit, c - instead of an up-or- to "fully evaluate the candidates Ito fiea_ ~r.,,b .~..._ .,.._ _ 9uali- Declassified and Approved For Release 2011/12/02 :CIA-RDP89B00297R000300630005-0