ANTITERRORISM AND ARMS EXPORT AMENDMENTS ACT OF 1989 (House of Representatives - October 23, 1989)

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Mr. FASCELL. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 91) to prohibit exports of military equipment to countries supporting international terrorism, and for other purposes, as amended.

The Clerk read as follows:

H.R. 91

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the `Anti-Terrorism and Arms Export Amendments Act of 1989'.
(b) Table of Contents.--The table of contents for this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Prohibition on arms transactions with countries supporting terrorism.

Sec. 3. Considerations in issuance of arms export licenses and in arms sales.

Sec. 4. Exports to countries supporting terrorism.

Sec. 5. Prohibition on assistance to countries supporting international terrorism.

Sec. 6. Designation of items on the munitions list.

Sec. 7. Quarterly reports on third country transfers and on DOD transfers to other agencies.

Sec. 8. Special authorities.

Sec. 9. Hostage Act.

Sec. 10. Self-defense in accordance with international law.

SEC. 2. PROHIBITION ON ARMS TRANSACTIONS WITH COUNTRIES SUPPORTING TERRORISM.
(a) Prohibition: Section 40 of the Arms Export Control Act (22 U.S.C. 2780) is amended to read as follows:

`SEC. 40. TRANSACTIONS WITH COUNTRIES SUPPORTING ACTS OF INTERNATIONAL TERRORISM.
`(a) Prohibited Transactions by the United States Government: The following transactions by the United States Government are prohibited:

`(1) Exporting or otherwise providing (by sale, lease or loan, grant, or other means), directly or indirectly, any munitions item to a country described in subsection (d) under the authority of this Act, the Foreign Assistance Act of 1961, or any other law (except as provided in subsection (h)). In implementing this paragraph, the United States Government--

`(A) shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the Secretary of State makes the determination described in subsection (d), and

`(B) shall terminate any lease or loan to such country of any such item which is in effect at the time the Secretary of State makes that determination.

`(2) Providing credits, guarantees, or other financial assistance under the authority of this Act, the Foreign Assistance Act of 1961, or any other law (except as provided in subsection (h)), with respect to the acquisition of any munitions item by a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend expenditures pursuant to any such assistance obligated before the Secretary of State makes the determination described in subsection (d). The President may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the President has determined, and reported to the Congress, that suspension of those expenditures causes undue financial hardship to a supplier, shipper, or similar person and allowing the expenditure will not result in any munitions item being made available for use by such country.

`(3) Consenting under section 3(a) of this Act, under section 505(a) of the Foreign Assistance Act of 1961, under the regulations issued to carry out section 38 of this Act, or under any other law (except as provided in subsection (h)), to any transfer of any munitions item to a country described in subsection (d). In implementing this paragraph, the United States Government shall withdraw any such consent which is in effect at the time the Secretary of State makes the determination described in subsection (d), except that this sentence does not apply with respect to any item that has already been transferred to such country.

`(4) Providing any license or other approval under section 38 of this Act for any export or other transfer (including by means of a technical assistance agreement, manufacturing licensing agreement, or coproduction agreement) of any munitions item to a country described in subsection (d). In implementing this paragraph, the United States Government shall suspend any such license or other approval which is in effect at the time the Secretary of State makes the determination described in subsection (d), except that this sentence does not apply with respect to any item that has already been exported or otherwise transferred to such country.

`(5) Otherwise facilitating the acquisition of any munitions item by a country described in subsection (d). This paragraph applies with respect to activities undertaken--

`(A) by any department, agency, or other instrumentality of the Government,

`(B) by any officer or employee of the Government (including members of the United States Armed Forces), or

`(C) by any other person at the request or on behalf of the Government.
The Secretary of State may waive the requirements of the second sentence of paragraph (1), the second sentence of paragraph (3), and the second sentence of paragraph (4) to the extent that the Secretary determines, after consultation with the Congress, that unusual and compelling circumstances require that the United States Government not take the actions specified in that sentence.
`(b) Prohibited Transactions by United States Persons:

`(1) In general.--A United States person may not take any of the following actions:

`(A) Exporting any munitions item to any country described in subsection (d).

`(B) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any country described in subsection (d).

`(C) Selling, leasing, loaning, granting, or otherwise providing any munitions item to any recipient which is not the government of or a person in a country described in subsection (d) if the United States person has reason to know that the munitions item will be made available to any country described in subsection (d).

`(D) Taking any other action which would facilitate the acquisition, directly or indirectly, of any munitions item by the government of any country described in subsection (d), or any person acting on behalf of that government, if the United States person has reason to know that that action will facilitate the acquisition of that item by such a government or person.

`(2) Liability for actions of foreign subsidiaries, etc.--A United States person violates this subsection if a corporation or other person that is controlled in fact by that United States person (as determined under regulations, which the President shall issue) takes an action described in paragraph (1) outside the United States.

`(3) Applicability to actions outside the united states.--Paragraph (1) applies with respect to actions described in that paragraph which are taken either within or outside the United States by a United States person described in subsection (l)(3) (A) or (B). To the extent provided in regulations issued under subsection (l)(3)(D), paragraph (1) applies with respect to actions described in that paragraph which are taken outside the United States by a person designated as a United States person in those regulations.
`(c) Transfers to Governments and Persons Covered.--This section applies with respect to--

`(1) the acquisition of munitions items by the government of a country described in subsection (d); and

`(2) the acquisition of munitions items by any individual, group, or other person within a country described in subsection (d), except to the extent that subparagraph (D) of subsection (b)(1) provides otherwise.
`(d) Countries Covered by Prohibition: The prohibitions contained in this section apply with respect to a country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism.
`(e) Publication of Determinations: Each determination of the Secretary of State under subsection (d) shall be published in the Federal Register.
`(f) Rescission: A determination made by the Secretary of State under subsection (d) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate--

`(1) before the proposed rescission would take effect, a report certifying that--

`(A) there has been a fundamental change in the leadership and policies of the government of the country concerned;

`(B) that government is not supporting acts of international terrorism; and

`(C) that government has provided assurances that it will not support acts of international terrorism in the future; or

`(2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that--

`(A) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and

`(B) the government concerned has provided assurances that it will not support acts of international terrorism in the future.
`(g) Waiver: The President may waive the prohibitions contained in this section with respect to a specific transaction if--

`(1) the President determines that the transaction is essential to the national security interests of the United States; and

`(2) not less than 15 days prior to the proposed transaction, the President--

`(A) consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate; and

`(B) submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report containing--

`(i) the name of any country involved in the proposed transaction, the identity of any recipient of the items to be provided pursuant to the proposed transaction, and the anticipated use of those items;

`(ii) a description of the munitions items involved in the proposed transaction (including their market value) and the actual sale price at each step in the transaction (or if the items are transferred by other than sale, the manner in which they will be provided);

`(iii) the reasons why the proposed transaction is essential to the national security interests of the United States and the justification for such proposed transaction;

`(iv) the date on which the proposed transaction is expected to occur; and

`(v) the name of every United States Government department, agency, or other entity involved in the proposed transaction, every foreign government involved in the proposed transaction, and every private party with significant participation in the proposed transaction.
To the extent possible, the information specified in subparagraph (B) of paragraph (2) shall be provided in unclassified form, with any classified information provided in an addendum to the report.

`(h) Exemption for Transactions Subject to National Security Act Reporting Requirements.--The prohibitions contained in this section do not apply with respect to any transaction subject to reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities).

`(i) Relation to Other Laws:

`(1) In general: The provisions of this section shall apply notwithstanding any other provision of law, other than section 614(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(a)).

`(2) Section 614(a) waiver authority.--If the authority of section 614(a) of the Foreign Assistance Act of 1961 is used to permit a transaction under that Act or the Arms Export Control Act which is otherwise prohibited by this section, the written policy justification required by that section shall include the information specified in subsection (g)(2)(B) of this section.
`(j) Criminal Penalty: Any person who willfully violates this section shall be fined for each violation not more than $1,000,000, imprisoned not more than 10 years, or both.
`(k) Civil Penalties; Enforcement: In the enforcement of this section, the President is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments, agencies, and officials by sections 11(c), 11(e), 11(g), and 12(a) of the Export Administration Act of 1979 (subject to the same terms and conditions as are applicable to such powers under that Act), except that, notwithstanding section 11(c) of that Act, the civil penalty for each violation of this section may not exceed $500,000.
`(l) Definitions: As used in this section--

`(1) the term `munitions item' means any item enumerated on the United States Munitions list (without regard to whether the item is imported into or exported from the United States);

`(2) the term `United States', when used geographically, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States; and

`(3) the term `United States person' means--

`(A) any citizen or permanent resident alien of the United States;

`(B) any sole proprietorship, partnership, company, association, or corporation having its principal place of business within the United States or organized under the laws of the United States, any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States;

`(C) any other person with respect to that person's actions while in the United States; and

`(D) to the extent provided in regulations issued by the Secretary of State, any person that is not described in subparagraph (A), (B), or (C) but--

`(i) is a foreign subsidiary or affiliate of a United States person described in subparagraph (B) and is controlled in fact by that United States person (as determined in accordance with those regulations), or

`(ii) is otherwise subject to the jurisdiction of the United States,

with respect to that person's actions while outside the United States.'.
(b) Conforming Amendment: Section 3(f) of the Arms Export Control Act (22 U.S.C. 2753(f)) is repealed.

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SEC. 3. CONSIDERATIONS IN ISSUANCE OF ARMS EXPORT LICENSES AND IN ARMS SALES.
(a) Export Licenses.--Section 38(a)(2) of the Arms Export Control Act (22 U.S.C. 2778) is amended by inserting `support international terrorism,' after `arms race,'.
(b) Arms Sales: Section 36(b)(1)(D) of that Act (22 U.S.C. 2776(b)(1)(D)) is amended--

(1) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and

(2) by inserting the following new clause (ii) after clause (i):

`(ii) support international terrorism;'.

SEC. 4. EXPORTS TO COUNTRIES SUPPORTING TERRORISM.
Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App 2405(j)) is amended to read as follows:
`(j) Countries Supporting International Terrorism: (1) A validated license shall be required for the export of goods or technology to a country if the Secretary of State has made the following determinations:

`(A) The government of such country has repeatedly provided support for acts of international terrorism.

`(B) The export of such goods or technology could make a significant contribution to the military potential of such country, including its military logistics capability, or could enhance the ability of such country to support acts of international terrorism.
`(2) The Secretary and the Secretary of State shall notify the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before issuing any validated license required by paragraph (1).
`(3) Each determination of the Secretary of State under paragraph (1)(A), including each determination in effect on the date of the enactment of the Antiterrorism and Arms Export Amendments Act of 1989, shall be published in the Federal Register.
`(4) A determination made by the Secretary of State under paragraph (1)(A) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate--

`(A) before the proposed rescission would take effect, a report certifying that--

`(i) there has been a fundamental change in the leadership and policies of the government of the country concerned;

`(ii) that government is not supporting acts of international terrorism; and

`(iii) that government has provided assurances that it will not support acts of international terrorism in the future; or

`(B) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that--

`(i) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and

`(ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future.'.

SEC. 5. PROHIBITION ON ASSISTANCE TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM.
Section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended to read as follows:

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`SEC. 620A. PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING INTERNATIONAL TERRORISM.
`(a) Prohibition: The United States shall not provide any assistance under this Act, the Agricultural Trade Development and Assistance Act of 1954, the Peace Corps Act, or the Export-Import Bank Act of 1945 to any country if the Secretary of State determines that the government of that country has repeatedly provided support for acts of international terrorism.
`(b) Publication of Determinations: Each determination of the Secretary of State under subsection (a), including each determination in effect on the date of the enactment of the Antiterrorism and Arms Export Amendments Act of 1989, shall be published in the Federal Register.
`(c) Rescission: A determination made by the Secretary of State under subsection (a) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate--

`(1) before the proposed rescission would take effect, a report certifying that--

`(A) there has been a fundamental change in the leadership and policies of the government of the country concerned;

`(B) that government is not supporting acts of international terrorism; and

`(C) that government has provided assurances that it will not support acts of international terrorism in the future; or

`(2) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that--

`(A) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and

`(B) the government concerned has provided assurances that it will not support acts of international terrorism in the future.
`(d) Waiver: Assistance prohibited by subsection (a) may be provided to a country described in that subsection if--

`(1) the President determines that national security interests or humanitarian reasons justify a waiver of subsection (a), except that humanitarian reasons may not be used to justify assistance under part II of this Act (including chapter 4, chapter 6, and chapter 8), or the Export-Import Bank Act of 1945; and

`(2) at least 15 days before the waiver takes effect, the President consults with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate regarding the proposed waiver and submits a report to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate containing--

`(A) the name of the recipient country;

`(B) a description of the national security interests or humanitarian reasons which require the waiver;

`(C) the type and amount of and the justification for the assistance to be provided pursuant to the waiver; and

`(D) the period of time during which such waiver will be effective.
The waiver authority granted in this subsection may not be used to provide any assistance under the Foreign Assistance Act of 1961 which is also prohibited by section 40 of the Arms Export Control Act.'.

SEC. 6. DESIGNATION OF ITEMS ON THE MUNITIONS LIST.
Section 38 of the Arms Export Control Act (22 U.S.C. 2278) is amended by adding at the end the following:
`(h) The designation by the President (or by an official to whom the President's functions under subsection (a) have been duly delegated), in regulations issued under this section, of items as defense articles or defense services for purposes of this section shall be final and conclusive for purposes of this section and section 40 and shall not be subject to judicial review.'.

SEC. 7. QUARTERLY REPORTS ON THIRD COUNTRY TRANSFERS AND ON DOD TRANSFERS TO OTHER AGENCIES.
(a) Quarterly Reports: Section 36(a) of the Arms Export Control Act (22 U.S.C. 2776(a)) is amended--

(1) by striking out `and' at the end of paragraph (8);

(2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof a semicolon; and

(3) by inserting after paragraph (9) the following:

`(10) a listing of the consents to third-party transfers of defense articles or defense services which were granted, during the quarter for which such report is submitted, for purposes of section 3(a)(2) of this Act, the regulations issued under section 38 of this Act, or section 505(a)(1)(B) of the Foreign Assistance Act of 1961, if the value (in terms of original acquisition cost) of the defense articles or defense services to be transferred is $1,000,000 or more; and

`(11) a listing of all munitions items (as defined in section 40(l)(1)) which were sold, leased, or otherwise transferred by the Department of Defense to any other department, agency, or other entity of the United States Government during the quarter for which such report is submitted (including the name of the recipient Government entity and a discussion of what that entity will do with those munitions items) if--

`(A) the value of the munitions items was $250,000 or more; or

`(B) the value of all munitions items transferred to that Government department, agency, or other entity during that quarter was $250,000 or more;

excluding munitions items transferred (i) for disposition or use solely within the United States, or (ii) for use in connection with intelligence activities subject to reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities).'.
(b) Classification of Reports: That section is amended in the parenthetical clause in the text preceding paragraph (1) by inserting `, and any information provided under paragraph (11) of this subsection may also be provided in a classified addendum' after `(b)(1) of this section'.

SEC. 8. SPECIAL AUTHORITIES.
The second sentence of section 614(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2364(c)) is amended to read as follows: `The President shall fully inform the chairman and ranking minority member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection prior to the use of such funds.'.

SEC. 9. HOSTAGE ACT.
Section 2001 of the Revised Statutes of the United States (22 U.S.C. 1732) is amended by inserting `and not otherwise prohibited by law' after `acts of war'.

SEC. 10. SELF-DEFENSE IN ACCORDANCE WITH INTERNATIONAL LAW.
The use by any government of armed force in the exercise of individual or collective self-defense in accordance with applicable international agreements and customary international law shall not be considered an act of international terrorism for purposes of the amendments made by this Act.

The SPEAKER pro tempore. Under the rule, a second is not required on this motion.

The gentleman from Florida [Mr. Fascell] will be recognized for 20 minutes, and the gentleman from New York [Mr. Gilman] will be recognized for 20 minutes.

The Chair recognizes the gentleman from Florida [Mr. Fascell].

Mr. FASCELL. Mr. Speaker, I yield myself such time as I may consume.

(Mr. FASCELL asked and was given permission to revise and extend his remarks.)

Mr. FASCELL. Mr. Speaker, I rise in support of H.R. 91, as amended, which prohibits the exports of military equipment to countries supporting international terrorism and for other purposes.

Mr. Speaker, over the last few years this body has considered and approved many different provisions which strengthened our policy to combat international terrorism. The Aviation Security Act of 1989, the Foreign Airport Security Act of 1985 and the Omnibus Diplomatic Security and Antiterrorism Act of 1986 are but a few examples of bipartisan cooperation which has proved to be indispensable for the implementation of an effective antiterrorism policy.

One of the prohibitions the Congress passed in 1986 and the President signed into law is a ban on the export of items on the U.S. munitions list to any country which the Secretary of State determines repeatedly provides support for international terrorism. That prohibition, authorized by Mr. Berman and Mr. Hyde, is now section 40 of the Arms Export Control Act. There are currently six countries on the Secretary of State's terrorist list. They are Iran, Syria, Libya, Cuba, South Yemen, and North Korea.

There was some debate during the investigations into the Iran arms transactions over the meaning and intent of section 40 and of other laws which bear upon arms exports to such terrorist countries. The Committee on Foreign Affairs held hearings to examine these laws. In the course of the committee's consideration, the committee recommended a revision and restatement of some of the antiterrorism provisions currently in law. The committee consolidated certain provisions and reporting requirements and included other prohibitions which are intended to clarify and strengthen the effectiveness of the U.S. Government antiterrorism policy, and make such a policy consistent with the arms export control policies of our Government.

Mr. Speaker, my distinguished colleagues on the committee, Mr. Berman and Mr. Hyde, have accomplished that task with a strong bipartisan bill H.R. 91. H.R. 91 is similar to H.R. 3651, with some modifications which were made to reflect executive branch concerns and amendments which were made in the Senate during last year's consideration of H.R. 3561.

This measure was considered by the full House and adopted by unanimous votes on two separate occasions. The first time on May 24 and as part of our end of the year effort to enact a catchall foreign policy measure (H.R. 5550) on October 19. H.R. 91, with the current modifications, has bipartisan support in the Congress and the support of the executive branch. I would like to commend my colleagues for their tireless efforts over the last year and a half to achieve a measure which enjoys such strong bipartisan support and to see to it that this bill is enacted and becomes law.

Briefly, the primary purpose of the bill is to strengthen and clarify the U.S. Government's prohibition on the export of military arms and equipment and the provision of other types of U.S. assistance to countries which have been placed on the Secretary of State's terrorist list. It also requires more detailed reporting by the executive branch on the export of arms.

H.R. 91 is a constructive effort to close potential loopholes and to ensure that there are uniform standards governing arms exports to terrorist countries. H.R. 91 also provides appropriate stiff criminal and civil penalties for those who violate the prohibitions on arms exports to terrorist states similar to those already contained in the Export Administration Act.

Underpinning H.R. 91 has been a remarkable amount of consultation and collaboration between majority and minority staffers, between Members on both sides of the aisle, between the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence, and between Congress and the executive branch and the private sector. I highly commend Mr. Berman, and Mr. Hyde for their tireless work on this outstanding piece of legislation.

Mr. Speaker, I strongly support this legislation and urge my colleagues to approve it with an overwhelming vote. Only terrorist governments and international terrorists will mourn the passage of H.R. 91.

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At this point, I would ask the gentleman from California, the distinguished chairman of the Intelligence Committee, to engage in a colloquy concerning that provision of the bill which relates to intelligence activities.

I want to confirm that new section 40(h) of the Arms Export Control Act as proposed in H.R. 91, draws a clear line between overt and covert transactions which involve the transfer of munitions items to a country on the Secretary of State's terrorist list. Therefore, in order to implement an overt transaction, the President would have to exercise his waiver authority under new section 40(g) of the Arms Export Control Act. This may include a transaction for which the President chooses to submit a classified report. In order to implement a covert transaction, the President would be required to use intelligence authorities and comply with the reporting requirements to Congress set forth in title V of the National Security Act. Either way, Congress must be informed of transfers of munitions list items to a country on the Secretary of State's terrorist list.

My concern, with respect to intelligence-related transfers of munitions list items to a foreign country--not just a country on the Secretary of State's terrorist list--is as follows:

Is it possible that intelligence-related transfers of items on the munitions list can be made for any purpose other than for covert actions in foreign countries, namely those significant anticipated intelligence activities which require, under current law, a presidential finding reportable to the intelligence committees before the intelligence activity is implemented? I presume such other purpose would be a transfer of munitions list items solely for intelligence collection purposes. Would such a transfer be reported to the intelligence committees prior to the transfer if it was part of significant anticipated intelligence activity? Would it possibly be reported some time after the transfer has taken place in those cases where the intelligence activity does not rise to the level of a significant anticipated intelligence activity?

Mr. BEILENSON. Mr. Speaker, if the gentleman will yield, my response would be as follows: all covert actions require a finding. All findings must be reported to the intelligence committees prior to activities initiated under such findings. While there is dispute about the circumstances under which prior notice may be deferred by the President, there is agreement that these circumstances will be rare. In any event, decisions of this kind are governed by the provisions of the National Security Act.

However, with respect to other intelligence activities, a different regime applies. Intelligence collection activities which reach the level of significance to be termed `significant anticipated intelligence activities' must be reported, like covert actions, prior to their initiation. Therefore, transfers of items on the munitions list in connection with such activities will be disclosed to the committees before they happen.

Other intelligence activities must, under the law, be reported to the intelligence committees `fully and currently', but not necessarily prior to their initiation. The committees therefore will not necessarily know beforehand of transfers of munitions list items in connection with such other intelligence activities. However, the committees do pay particular attention to the provision of lethal equipment to groups or governments and regularly review them. This is not to say that every transfer of a weapon to an individual is examined.

There is a range of intelligence collection activities which falls into this latter category. For instance, the provision of some personal weapon or piece of surveillance equipment to an intelligence agent usually would not require prior notification to the intelligence committee.

Further, some individuals with whom our intelligence services must deal with for the collection of intelligence will be unsavory. They may have terrorist connections. In many cases, these relationships need not be reported in advance to the intelligence committees.

These examples, however, should be distinguished from an intelligence transfer of munitions list items, for whatever purpose, to a government designated as a terrorist government or to any individual or group acting on behalf of a terrorist government. Such transfers would require prior notification to the intelligence committees as significant anticipated intelligence activities. Further, transfers to other individuals or groups could also be `significant anticipated activities' because of their policy implications, risk, cost or other consideration.

Mr. FASCELL. I thank the gentleman. Let me pose an additional question. Is the Intelligence Committee satisfied that it has in place sufficient procedures and reporting requirements to ensure that it is informed of all transfers of items on the munitions list which require the attention of the committee?

Mr. BEILENSON. If the gentleman will yield further, the intelligence committees and the executive branch have instituted reporting procedures concerning the use of nonappropriated funds. Further, the intelligence committees have other procedures or reporting requirements which they have imposed from time to time to ensure that transfers by the U.S. Government, or even transfers within the U.S. Government, of items on the munitions list, will be reported to the committees. At present, it is my opinion that these procedures and requirements, taken together, are adequate.

Mr. FASCELL. Mr. Speaker, I thank the gentleman.

Mr. BEILENSON. Mr. Speaker, I thank the gentleman for the inquiry.

Mr. FASCELL. Mr. Speaker, I yield such time as he may consume to the gentleman from California [Mr. Berman], the principal sponsor of the legislation.

Mr. BERMAN. Mr. Speaker, I thank the gentleman for yielding this time to me.

Mr. Speaker, I rise in support of H.R. 91, the Anti-Terrorism and Arms Export Amendments Act of 1989, to strengthen laws prohibiting the export of military equipment to countries supporting international terrorism. H.R. 91 is nearly identical to legislation which passed this body three times in the 100th Congress, but which was not acted upon by the Senate. This bill represents a truly bipartisan commitment to the struggle against international terrorism. I would like to thank the distinguished chairman of the Foreign Affairs Committee for his unwavering support for this legislation. He and the distinguished ranking member from Indiana were instrumental to the success of the bill in the last Congress.

I would like to pay particular tribute to my colleague on the Foreign Affairs Committee, the distinguished gentleman from Illinois, Henry Hyde. Mr. Hyde's sincerity of purpose and his constructive contributions to this bill are the soundest rebuttals to the cynics who profess that bipartisan legislation is no longer possible on Capitol Hill.

Last year, this legislation passed the House on three separate occasions. It was unfortunately held up in the Senate with other foreign affairs legislation in the last few days of the session and thus never became law. The bill before the House today is virtually identical to the legislation last passed by the House in the 100th Congress. The delay in bringing up the bill this Congress is due to our wishing to give the new administration the opportunity to assess the legislation and, in one case, to propose a substantive change. I am pleased to report that the administration supports the bill.

Mr. Speaker, it is an unfortunate state of affairs which brings this legislation before the Congress. We live in a world where sovereign nations promulgate terrorism and support groups who likewise use terror against noncombatants. Against such an enemy, there is all too little even the most powerful country can do to strike at such a nation's ability to conduct terrorism.

The U.S. Government has traditionally seized on one specific mechanism, and that is to deny terrorist countries weapons with which to perpetrate terrorist acts and to deny dual-use goods which facilitate such acts of terror. This is altogether appropriate.

The events of a few years ago have led me to conclude that the laws were not clear enough or the penalties not harsh enough or the consequences of bypassing their intent not frightening enough, with the result that weapons were provided to a terrorist state.

While it is theoretically possible that an occasion will occur where provision of arms to a terrorist state will be the appropriate policy, it would seem that that eventuality should be circumscribed to maximize careful consideration by the appropriate parties of the potential consequences. It is to define these procedures that I set about to rewrite the arms export and antiterrorism laws in an unequivocal and coherent fashion.

Mr. Speaker, 3 years ago Mr. Hyde and I authored an amendment to the Arms Export Control Act. It read very simply: `[I]tems on the United States Munitions List may not be exported to any country which the Secretary of State has determined * * * has repeatedly provided support for acts of internaitonal terrorism.' The President may waive this prohibition. But he must determine that the export is important to the national interests of the United States. And he must notify Congress. Mr. Hyde and I introduced this amendment as a logical extension of the administration's antiterrorism policy, particularly as it was reflected in operation staunch against Iran.

The Berman-Hyde amendment became the law of this land, with broad bipartisan support, on August 26, 1986; 2 months later 500 TOW missiles were shipped into Iran without notification to Congress. Ensuing months produced conflicting interpretations of our amendment and of other prohibitions and reporting requirements in the United States Code.

The debate that took place during the investigations into the Iran arms transaction regarding the meaning and intent of arms export and antiterrorism laws required a reexamination of these laws, which include not only section 40 of the Arms Export Control Act but other provisions in three statutes which attempt to regulate exports of arms and certain goods and technology to terrorist countries.

Over the years Federal law has absorbed overlapping standards that can lead to confusion and misinterpretation. There is no single standard in the law for:

First, determining whether a country supports international terrorism; second, identifying which U.S. official should make that determination; third, identifying which arms are subject to restrictions; fourth, identifying the criteria that empower the President to waive statutory restrictions; and fifth, adequately informing Congress of arms exports, including covert exports. The inconsistent provisions do not make good law either for the U.S. Government or for private American citizens who look to the law for guidance.

The Antiterrorism and Arms Export Amendments Act of

1989, which I will hereafter refer to as H.R. 91, reaffirms, strengthens, and clarifies this Nation's prohibition on exports of military weapons and equipment to countries which have been designated by the Secretary of State as supporters of international terrorism. It imposes new criminal and civil penalties on violators of the prohibition. H.R. 91 also requires more detailed and periodic reporting by the executive of arms exports.

H.R. 91 is largely a restatement of existing law. Our intent has been to close potential loopholes and revise certain existing provisions to ensure that uniform standards are present in the United States Code. The bill makes no attempt to reform the personnel or structure of the National Security Council or the State, Commerce or Defense Departments. Nor does it seek to change the manner in which arms exports are approved by the U.S. Government or to impose blanket sanctions on terrorist states. The bill does not impair the President's discretionary authority. In fact, in some cases the bill broadens the President's discretion. But the bill does hold the President to a reasonable standard of accountability to Congress in the exercise of that authority.

A tremendous amount of work went into examining the bill during months of deliberations last Congress. There was close consultation between the majority and minority staff. Numerous meetings were held with the staff of the House Permanent Select Committee on Intelligence, with officials from the State, Commerce, and Defense Departments and from the Central Intelligence Agency, majority and minority in the Senate, and with representatives from the private sector.

Mr. Hyde and I worked closely during that period to incorporate a large number of the recommendations that were made during the review process. I wish to stress that many of the changes reflected in the bill were incorporated at the request of the Reagan administration following our careful consideration. Subsequently, we engaged in a similar, if less far-reaching, review with the Bush administration. We have gone to great lengths to accommodate the legitimate concerns of both administrations and, in some case, have provided the executive with additional authority. Mr. Hyde and I have received a letter of support for the legislation from the White House.

H.R. 91 amends the Arms Export Control Act, the Foreign Assistance Act of 1961, the Export Administration Act of 1979, and the Hostage Act of 1868. Its major provisions amend the following sections of these statutes:

Section 40 of the Arms Export Control Act, which prohibits exports of arms to terrorist states, is significantly reinforced. Prohibited transactions are listed in detail, but with respect to U.S. Government activities and private transactions. The President could waive the prohibitions for specific transactions, but only with prior, detailed reporting to Congress, on a classified basis if necessary. Also, the President may rescind the Secretary of State's determination that the government of a state supports international terrorism, but only in accordance with certain conditions. The

President's rescission can become effective immediately if there has been a fundamental change in the leadership and character of a terrorist government and appropriate assurances have been delivered, or 45 calendar days after the President has given Congress a report confirming that the terrorist government has not provided any support for international terrorism during the preceding 6-month period and that appropriate assurances have been delivered by that government. The standard for identifying a government which supports international terrorism is clarified. The requirements for a Presidential rescission and for identifying a terrorist government are repeated in the amendments to the antiterrorism provisions of the Export Administration Act, section 6(j), and the Foreign Assistance Act of 1961, section 620A.

A clear line is drawn in amended section 40 to prohibit overt transfers to terrorist states unless the President exercises his waiver authority, while regulating intelligence transfers which are subject to the reporting requirements of the National Security Act of 1947. The amended section 40 also imposes criminal penalties on public officials and private parties who violate the prohibition.

The language permits the President to use the waiver authority of section 614(a) of the Foreign Assistance Act of 1961 in connection with a section 40 prohibited activity, but requires him to provide in the written policy justification required by that section the information specified in subsection (g)(2)(B) of section 40.

Section 3(f) of the Arms Export Control Act is repealed. This is the original antiterrorism provision of the Arms Export Control Act, and it is superseded by the revised section 40 prohibition.

Section 38(a)(2) of the Arms Export Control Act is amended to further obligate the Director of the Arms Control and Disarmament Agency, in connection with the issuance of export licenses, to take into account whether the export of a munitions list item will support international terrorism.

Section 36(b)(1)(D) of the Arms Export Control Act is amended to further obligate the Director of the Arms Control and Disarmament Agency, in connection with a sale of munitions items by the Government, to evaluate how, if at all, the proposed sale would support international terrorism.

Section 6(j) of the Export Administration Act, which

regulates the export of goods and technology of significant military or of `terrorist' value to terrorist states, is amended;

First, to remove the current $1 million annual threshold amount under which the executive currently does not have to report to Congress exports of such goods and technology to terrorist states, and second, to require validated licenses for all such exports to terrorist states and 30-day prior notification to Congress of the proposed issuance of a validated license. Section 6(j) also is amended to conform the rescission authority under that section with the rescission authority available under new section 40 of the Arms Export Control Act and new section 620A of the Foreign Assistance Act of 1961.

Section 6(j)(1)(B) of the Export Administration Act of 1979 is amended to require that the Secretary of State's second determination be one regarding which the export of the goods and technology could make a significant contribution to the military potential of a terrorist country or could enhance the ability of such country to support acts of international terrorism. I want to emphasize that the reference on page 13 of House Report No. 100-623 to this determination applying to `a wide range of goods and technology' must be read in conjunction with the standard reasonableness which is explained in the same sentence. That standard typically should be applied to target certain types of goods and technology which the Commerce Department reasonably determines could make a significant contribution to the military potential of a terrorist country or could enhance the ability of such country to support acts of international terrorism. I do not interpret it as meaning that a wide, indiscriminate net should be thrown out to capture every conceivable good or technology.

The legislation has simplified the statutory language governing the definition of what is a terrorist state. In so doing, however, there was no intention of narrowing the scope of the criteria which must go into any determination as to whether a country has `repeatedly provided support for acts of international terrorism.'

It is clearly the intent of Congress that the Secretary's evaluation include, but not be limited to, the following criteria: allowing the use of its territory as a sanctuary from extradition or prosecution for terrorist activities; furnishing arms, explosives, or lethal substances to individuals, groups, or organizations with the likelihood that they will be used in terrorist activities; providing logistical support, such as transportation, to individuals, groups, or organizations involved with terrorist activities; providing safe houses or headquarters for any individuals, groups, or organizations involved with terrorist activities;

planning, directing, providing training for, or assisting in the execution of terrorist activities; providing direct or indirect financial backing for terrorist activities; and providing direct or indirect diplomatic facilities such as support or documentation intended to aid or abet terrorist activities.

Section 620A of the Foreign Assistance Act of 1961, the `antiterrorism' section of that act, is amended to conform it with other changes in the law, particularly the revision of section 40 of the Arms Export Control Act. There is a clarification that the President cannot use humanitarian reasons to justify a waiver of the antiterrorism prohibition for the purpose of providing any security assistance under part II of the Foreign Assistance Act of 1961 or by the Export-Import Bank.

Section 36 of the Arms Export Control Act, which requires certain reports to Congress about commercial and governmental military exports, is amended to add: First, quarterly reports listing all Presidential consents to transfers of munitions list items exceeding $1,000,000 in value from a recipient country to a third country under the authority of sections 3(a) or 38 of the Arms Export Control Act or section 505 of the Foreign Assistance Act of 1961; second, quarterly reports, classified if necessary, of interagency transfers of munitions list items which will not ultimately be disposed of within the United States but excluding from the report those munitions list items which are used solely in connection with intelligence activities and are subject to other reporting requirements under the National Security Act.

Section 614(c) of the Foreign Assistance Act of 1961 is amended to designate the recipients of the Presidential notification under that section as the chairman and ranking minority member of the Committee on Foreign Affairs of the House of Representatives rather than the Speaker, and to require prior notice of the use of the authority under that section.

The Hostage Act of 1868 is amended to clarify that the President's authority to take action to release hostages cannot be carried out in a manner which would otherwise be prohibited by law.

Mr. Speaker, the Antiterrorism and Arms Export Amendments Act of 1988 is a constructive, bipartisan effort to clarify and restate the laws which prohibit arms exports to terrorist states and to strengthen other reporting requirements about arms exports. I strongly urge the House to approve this legislation.

Mr. Speaker, I would also like to thank the committee staff, which invested hundreds of hours last Congress in discussing the details of this legislation with representatives of agencies and departments of the U.S. Government, not to mention private industry.

I would like to commend particularly Mr. Hyde's staff Bill Inglee and Dan Finn and my staff, Lise Hartman, for their honesty and fairness in the difficult and complicated process of achieving consensus on this legislation.

David Scheffer, who has left the Foreign Affairs Committee, invested his talent and time on the committee in making this a sound law, and from the Intelligence Committee, Mike O'Neill and Bernie Rains.

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[TIME: 1400]

Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.

(Mr. GILMAN asked and was given permission to revise and extend his remarks.)

Mr. GILMAN. Mr. Speaker, I rise in strong support of H.R. 91, the Antiterrorism and Arms Export Amendments Act. And I commend the distinguished chairman of our Foreign Affairs committee, the gentleman from Florida [Mr. Fascell]; the ranking minority member of our committee, the gentleman from Michigan [Mr. Broomfield]; the gentleman from California [Mr. Berman]; and the gentleman from Illinois [Mr. Hyde] introducing this bill. This is a comprehensive proposal which reaffirms, strengthens, and clarifies our Nation's policy on exports of military weapons to terrorist states.

The terrorist acts we face today are not based just on some misguided nationalism, nor are they merely physical manifestations of a class struggle directed against those vague forces called `imperialism' and `oppresssion.' Today, we are confronted with the specter of state-supported terrorism. The time has come for our Nation to take direct action against those states supporting terrorism. The acts terrorists perpetrate today are acts of violence, directed at the young, the old, the rich, and the poor. There are no segments of society safe from bullets, explosives and hijackings.

This important act addresses two critical facets of U.S. foreign policy. First, it imposes a prohibition on the export of arms by any method to states which support international terrorism. Second, it obligates the executive branch to inform Congress of all exports of military weapons to foreign governments.

This legislation is an important step in eliminating safe havens for terrorists. A coordinated counterterrorism program must rest upon a consistenly implemented program that includes pressuring states which use or support terrorism as part of their foreign policy.

Mr. Speaker, in this dangerous age in which we live, it is incumbent upon those of us in the Congress to do all in our power to combat international terrorism. According by, I urge full support of this bill.

Mr. Speaker, I yield 1 minute to the gentleman from California [Mr. Lagomarsino].

(Mr. LAGOMARSINO asked and was given permission to revise and extend his remarks.)

[Page: H7352]

Mr. LAGOMARSINO. Mr. Speaker, as a senior member of the Foreign Affairs Committee and in early cosponsor of H.R. 91, I rise in strong support of this bill.

As explained, this legislation is a comprehensive bill reaffirming, strengthening, and clarifying our Nation's policy on exports of military weapons to terrorist states. I cosponsored and voted for identical legislation which unanimously passed the House last Congress. Unfortunately, the Senate was unable to fully consider this important bill during its last days of session.

Basically, the `Antiterrorism and Arms Export Amendments Act of 1989' addresses three principal features of U.S. arms export policy. It prohibits the export of arms--by any method--to states which support international terrorism. It also increases executive branch arms transfer reporting requirements to enhance oversight. This measure also clarifies current law, which is ambiguous, and closes potential loopholes thereby ensuring that uniform standards are present throughout the United States Code.

The bottom line is we need to make sure that no American arms are sold to our enemies--those countries supporting international terrorism. Increasingly, Americans have become the victims of international terrorism. It would be sadly ironic--in fact very upsetting--if American arms and technology were being used by a terrorism-sponsoring nation to either directly help terrorists or protect itself--the sponsoring `host.' H.R. 91 helps prevent such a regretable situation.

I believe this measure is carefully crafted to give the President flexibility in determining and meeting specific national security needs as they arise. In this way, we are still able to meet unplanned contingencies without violating this much tougher law.

Combating terrorism requires many different approaches and `weapons.' Strengthening our arms export laws and helping reduce the availability of weapons and technology to terrorist nations--and thereby the terrorists themselves--is one method of antiterrorism combat.

I urge my colleagues to support this bipartisan bill and the fight against terrorism.

Mr. GILMAN. Mr. Speaker, I thank the gentleman from California for his supporting remarks.

Mr. Speaker, I yield such time as he may consume to the gentleman from Illinois [Mr. Hyde], the senior member of the Committee on Foreign Affairs, one of the chief sponsors of this measure.

Mr. HYDE. Mr. Speaker, first of all, I think it almost goes without saying successful foreign policy requires cooperation, bipartisanship between the Democrats and the Republicans in Congress and the executive department, and we have a prime example of such cooperation on a very difficult and even technical issue, but very significant. I really am proud of this, because it is an example of that rare but necessary cooperation from the congressional and executive branch of government.

Mr. Speaker, I am very pleased to join my colleague, the gentleman from California, in support of H.R. 91. He has provided effective leadership in this difficlt and important area, and I must say has risen above partisanship to craft this legislation. It was a great pleasure to work with Mr. Berman and his excellent and expert staff, Lise Hartman, Bill Inglee, Steven Nelson, and Dan Finn.

Mr. Speaker, this legislation deals with a very serious problem, and at the same time offers a measured response to some of the policy problems identified during the Iran-Contra hearings in which I was privileged to participate.

As serious terrorist acts proliferate and the global community struggles to respond effectively, it is now more important than ever that the United States have a consistent, clearly stated terrorist policy. This legislation is designed to help fill this need.

H.R. 91 represents a significant contribution to the statutory underpinnings of our Nation's antiterrorist policy. Current law regarding U.S. antiterrorist policy is spread throughout four main statutes: the Arms Export Control Act, the Export Administration Act, the Foreign Assistance Act, and the Hostage Act.

In many cases, these stautes apply standards, definitions waivers, or determinations which are inconsistent with one another. In response to this problem, the gentleman from California and I have attempted to fashion a bill which would bring together in one single statute all of the principal, statutory elements of our Nation's antiterrorism policy. Section 40 of the Arms Export Control Act now represents the uniform standard needed to effectively administer this policy.

At the heart of H.R. 91 is its prohibition on virtually all arms transactions with a country which supports terrorism. H.R. 91 amends section 40 of the Arms Export Control Act by strengthening its existing prohibitions on arms transfer to nations supporting terrorism, tightening up is current waiver authorities, drawing a clear line between overt and covert aarms transactions, and imposing criminal and civil penalties for violators of these provisions.

H.R. 91 also requires a validated license for the export of goods and technology which could make a significant contribution to the military potential of a terrorist country or could enhance the ability of that same country to support acts of international terrorism. This will help prevent items capable of being used in support of terrorist acts from falling into a terrorist country's hands.

H.R. 91 also specifically prohibits any U.S. foreign assistance to countries supporting international terrorism.

During the course of consideration of H.R. 91, committee staff has met extensively with representatives of all affected executive branch agencies and the private sector. Several changes were subsequently made in H.R. 91 in response to concerns voiced during these meetings. The administration now supports H.R. 91 and this statement of support has been directly transmitted to Mr. Berman and myself in writing by the President's National Security Adviser, Brent Scowcroft, and, the President's Counsel, C. Boyden Gray.

H.R. 91 will allow more effective administration of our antiterrorism policy, knowing that the legislative guideposts are clear and that a strong antiterrorist policy will enjoy the support of both the Congress and the American people. Once again I would like to thank my colleague from California for his constructive and bipartisan approach to fashioning this bill.

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Mr. BERMAN. Mr. Speaker, will the gentleman yield for purposes of a colloquy?

Mr. HYDE. I yield to the gentleman from California.

[TIME: 1410]

Mr. BERMAN. I would ask the distinguished gentleman from Illinois to describe the circumstances under which the section 614(a) waiver authority can be exercised pursuant to new section 40(i) of the Arms Export Control Act.

Mr. HYDE. If the distinguished gentleman from California will yield back to me, I would respond as follows: New section 40(i) permits the President to use the section 614(a) waiver authority only in exceptional circumstances where time is of the essence.

Specifically, the President should use the section 614(a) waiver authority only when he needs to act under that authority in less than 15 days.

Reflecting our need to be kept informed about munitions transfers to terrorists countries, new section 40(i) also requires a detailed report prior to the exercise of the waiver authority.

I would stress, too, that the President should have a very strong justification for exercising the section 614(A) waiver authority in any case involving transfers to a terrorist country.

Mr. BERMAN. I thank the gentleman. I, too, wish to emphasize that new section 40(i) addresses an extraordinary situation, where the President wishes to provide munitions items to a terrorist country on very short notice, that is, in less than 15 days. The list of such countries is small; the situations which would require such extraordinary action are almost too hypothetical to envisage; and the risk we run in exporting these items to terrorist states--that they might fall into the hands of supporters of terrorists, or terrorists themselves--that the President should use the section 614(a) waiver authority only as a last resort following consultation with the Congress and submission of a report.

I want to emphasize that the consultation requirement does not mean that the President should wait until he exercises the section 614(a) authority to consult with Congress. It means that the consultations begin within the 15-day period at the time the President determines he is going to exercise the authority and begins formulation plans to actually do so.

Mr. HYDE. I would like to engage the gentleman in a short colloquy on whether purely diplomatic activities are covered by the provisions of this bill.

Mr. BERMAN. Surely.

Mr. HYDE. As the gentleman knows, section 40(a) of the bill applies to activities of the U.S. Government. Paragraph (5) of that subsection prohibits `otherwise facilitating the acquisition' of arms by terrorist countries.

I wish to point out that the committee report clarifies the applicability of this section to diplomatic activities undertaken at the request or direction of the President. As the report states:

This provision is not intended to circumscribe the President's constitutional powers to articulate U.S. foreign policy, or to communicate with any foreign country concerning arms transfers that the foreign country intends to make. It is not intended as a limitation on the President's authority to discuss such matters with foreign countries, but rather to deal with specific and concrete actions to assist in a foreign government's plans.

Now, section 40(b) of the bill deals with other actions by U.S. persons. Paragraph (b)(1)(D) of that section contains a parallel provision on facilitating the acquisition of arms by terrorists governments.

Is it the gentleman's understanding that the same principle of interpretation contained in the committee report applies to subsection 40(b)(1)(D) as to subsection 40(a)(5)?

Mr. BERMAN. Yes. The actions of U.S. Government officials and other persons `at the request or on behalf of the Government' were intended to be primarily covered by subsection 40(a).

To the extent that U.S. officials or other persons expressly acting at the request or direction of the President would fall within the purview of subsection 40(b), they would indeed be subject to the same principles cited in the committee report.

On the other hand, arms dealers or other persons who voluntarily become part of a chain of events leading to the acquisition of arms by a terrorist country would be covered by the paragraph 40(b)(1)(D) prohibition. The privilege for actions of U.S. officials and other persons acting at the request or direction of the President does to apply if the individual goes beyond the sphere of diplomatic activities and become part of the chain of events leading to acquistion of arms by a terrorist state.

Mr. FASCELL. Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, once again let me express my appreciation to the two gentlemen and their staffs who worked diligently on this matter, and at the same time commend my own staff on the majority side for the hard work they put in over a long period of years, Toni Verstandig, Bob Boyer, and Beth Ford. I do not want to forget legislative counsel that had to do the rewrites constantly on this and make sure what was being said was translated correctly, and that is Bill Mohrman.

So to all of them and all of the staff, I express my deep appreciation for a matter which has been before this Congress I believe since 1978.

Mr. HYDE. Mr. Speaker, will the gentleman yield?

Mr. FASCELL. I am happy to yield to the gentleman from Illinois.

Mr. HYDE. Mr. Speaker, it is always hazardous to start naming staff for their significant contributions. I know we have left some superstars out, among them Dan Finn, and I am sure on the gentleman's side there are many more.

This is indeed the product of a lot of staff work. They do deserve full credit. I will say to the gentleman from Illinois, he is right. This has been a difficult matter over a long period of time. We are doing well to take the time out to congratulate our staff and express our appreciation of them. This has been a very diffficult task.

I started to say we had been at this since 1978. The last time we tried it, I believe we spent 4 years on the definition in the committee and had a terrible time trying to reach an agreement. It is only after the gentleman from Illinois and the gentleman from California managed to get together and decide they wanted to tackle it again that we were able to achieve the kind of success that is set forth in this legislation. I certainly commend everyone who worked diligently to bring this about.

Mr. Speaker, I concluded by saying this is an important piece of legislation. It has probably been the most considered piece of legislation that I know of in a long period of time. It is needed, it is vital, and it deals with a very important problem. I urge my colleagues to overwhelmingly support it.

[Page: H7354]

Mr. LAGOMARSINO. Mr. Speaker, I yield back the balance of my time.

Mr. FASCELL. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.

The SPEAKER pro tempore (Mr. Skaggs). The question is on the motion offered by the gentleman from Florida [Mr. Fascell] that the House suspend the rules and pass the bill, H.R. 91, as amended.

The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the bill, as amended, was passed.

A motion to reconsider was laid on the table.

END