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Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 OCA 86-0642/1 19 March 1986 SUBJECT: Conveying Agency Views to OMB - S. 1429 1. By Legislative Referral Memorandum dated 3 March 1986, the Office of Management and Budget (OMB) requested the Agency's views on S. 1429, the "Terrorist Prosecution Act" as passed by the Senate. 2. Those views had been previously provided to OMB in various conversations with this office; hence, no special response was required to the March 3rd memorandum. Legislation Division Office of Congressional Affairs Distribution: Original - Leg/Sub - Terrorism 1 - D/OCA 1 - DDL/OCA 1 - EXO/OCA 1 - OCA Chrono 1 - PS Signer LEG/OCAS I(21 March 1986) STAT STAT Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 Ma rn IF Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 L(~il~L EXECL .VE OFFICE OF THE PRESIDEN XV OFFICE OF MANAGEMENT AND BUDGET I WASHINGTON. D.C. Ioloa March 3, 1986 LEGISLATIVE REFERRAL MEMORANDUM Department of Justice Department of the Treasury De rtment of State ntral Intelligence Agency Department of Transportation Department of Defense L L. SUBJECT: S. 1429, "Terrorist Prosecution Act," as passed by the Senate on February 19, 1986. The Office of Management and Budget requests the views of your agency on the above subject before advising on its relationship to the program of the President, in accordance with Circular A-19. Please provide us with your views no later than Direct your questions to Gregory Jones March 14, 1986. Jame a M-~rd for Assi Cant Director for Legislative Reference cc: Karen Wilson Frank Kalder John Cooney Russ Neeley Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8------~--- Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 S 1382 CONGRESSIONAL RECORD - SENATE February 19, 1986 coin and Jefferson Memorials an4 over in the distance, the Capitol. He said, "Just to think this is the most powerful city in the world and you and I are right in the middle of it, making decisions that are affecting the course of history." Senator Eastland looked at Senator Holland and said, "Spessard, are you drunk?" (Laughter.) It captures the attitude of Seantor Eastland; that he was not going to let service here in Washington to to his head. He was a person who took his' obligations seriously. but he did not take himself seriously. He was not one to really tell stories. but he has become the subject of many flattering stories about the great si nse of humor that he pos- sessed all these years and which he brought to his job and endeared him to people throughout our State. He was a person who had a great deal of influence throughout Missis- sippi. All of my life he has been our Senator. Along with Senator STSxazs, their combined service has probably not been surpassed by two Senators from any other individual State in terms of tenure of service, and I might add distinguished service. So this is a time when I feel that it Is appropriate for us to recognize the contributions that Senator Eastland made to this institution as chairman of the Judiciary Committee and as President pro tempore. He has had a distinguished career that we can all observe and praise. He has a fine family, a wife. Libby Eastland, a wonderful woman; and four children. Nell, Ann. Sue, and his son Woods. Most of his staff and his family were together just recently in Mississippi when we had an opportunity to dedi- cate the Federal court building In Jackson, MS. to Senator Eastland and name it for him. On that occasion. there were many good things said about him. Roman Hruska was there. his close friend on the Republican side of the aisle of the Judiciary Committee where they had served for many years, Gov. J.P. Cole- man spoke and so did Judge Charles Clark. Chief Justice of the Fifth Cir- cuit Court of Appeals. What came through, Mr. President, is that all Mississippians respected and appreciated the way Senator Eastland had served and worked for Mississip- pi's Interest in the Senate for the years he served here. Mr. STENNIS. Mr. President. I want to commend and thank the Senator from Mississippi for the very earnest. sincere, and meaningful remarks which he has made about our former colleague and friend. Senator Eastland and I served to- gether for years In the Mississippi house of representatives. That Is an experience that Is worthwhile. We both distributed that around on Cap- itol Hill as best we could. We knew each other mighty well. We did not have to ask each other boil we were going to vote on a matter because we already knew. We knew each other so well. Quite seriously. Jim was a man that applied himself In a quiet way, and he knew how to get the jobs done. He was very appreciative. too, of the people's attitude because of the matters he had done and tried to do. With respect to his fine family, men- tion has been made of the splendid young ladies. daughters, and sons, which they are. Libby Eastland Is one of the finest ladies I have known. I talked to her by telephone yesterday. and she had her usual courage of moving forward. Again. I commend the Senator from Mississippi for his remarks as well as the expression, feeling, and tone of them all. Mr. President, I yield the floor. Mr. HELMS. Mr. President, will the Senator yield to me? Mr. COCHRAN. Mr. President, I am happy to yield to the Senator from North Carolina. The PRESIDING OFFICER. The Senator from North Carolina. Mr. HELMS. I thank the distin- guished Senator. Mr. President, I came to Washington the first time in late 1951. I came as administrative assistance to one of North Carolina's Senators who was a good friend of Jim Eastland. So many times Mr. Jim would come by our office. I was struck by the fact that he would take the time to pay a little at- tention to a young fellow from North Carolina who was then on the lower side of 30 years of age. I got to .know stories. They were all good. But gave a lot of good advice as well. I re- member one time I walked down the corridor with him, and a vote was on. I It Is my hope that we will be able to very proudly pushed the elevator have a delegation of Senators attend button three times. As the Senator his funeral on Friday. The services knows. pushing the elevator button will be in Ruleville at the Methodist three times back in those days was a church there at 10 o'clock in the command to the elevator operator to morning. come no matter where he was headed We have lost a great citizen in Mis- or where he was. Senator Eastland no- sissippi with the passing of Senator ticed that. He said. "Jesse. do not do Jim Eastland, and I have lost a very that around me anymore." He said. good friend. "That In the trouble. with the U.S. Mr. STENNIS. Mr. President. will Senate. People come up here enam- the Senator yield for 1 minute? ored with the Idea of pushing that Mr. COCHRAN. I am happy to yield button three times," Senator Eastland endured his share of criticism in the media and else- where. I always reflected upon the fact that those who criticized Jim Eastland did not know him because here was a man totally devoted to the Constitution of the United States, and to the fundamentals of this country. and he was faithful to his people of Mississippi. Many times I observed people from the State who came to see him. They did not merely like- Jim Eastland. They did not merely support Jim Eastland. They loved Jim East- land. So did L I think it Is accurate to say that the exception of the distinguished senior Senator from Mississippi and the dis- tinguished Senator form Louisiana. I have been around the U.S. Senate about as long as anybody. Of course. I was here as a staff member originally. But anybody who has known Jim Eastland has benefited from him. As the saying goes. we are diminished by any man's death. but I am enormously diminished by his. I will miss him. I know both Senators from Mississippi will miss him. I thank the Senator for yielding to me. I yield the floor. Mr. COCHRAN. Mr. President. I thank the 'distinguished Senator from North Carolina. Mr. HEFLIN. Mr. President, will the Senator from Mississippi yield? Mr. COCHRAN. I am happy to yield to the distinguished Senator from Ala- bama. Mr. HEFLIN. I know the Senate wants to move forward. I do not want to take much time. I would like to concur with the remarks that have been made. I did not serve with Sena- tor Eastland. But I have known him over a number of years. I know that his reputation as being an effective, hard-working Senator, chairman, and President pro tempore will live in the annals of the history of the U.S. Senate. Mr. COCHRAN. I thank the distin- guished Senator from Alabama. Mr. The PRESIDING OFFICER. Under the previous order. the clerk will now report Calendar No. 507. The legislative clerk read as follows: A bill (S. 1429), to amend title 15. United States Code. to authorise prosecution of ter- rorists who attack United States nationals abroad, and for other purposes. The Senate proceeded to consider the bill (S. 1429) to amend title 1e-. United Staten Code, to authorize pros- ecution of terrorists who attack United States nationals abroad, and for other purposes, which had been re- ported from the Committee on the Ju- diciary. with an amendment to strike out all after the enacting clause. and insert the following: Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 February 19, 1986 CO That this Act may be cued as the ''Terrorist Prosecution Act of 1985". Svc. 2. (a) Part I of title 18. United States Code, Is amended by bserting after chapter 113 the following: "CHAPTER 113A-TERRORIST ACTS AGAINST UNITED STATES NATION- A1,S ABROAD ?'2331. Findings and purpose. "2332. Terrorist acts against United States nationals abroad. 'tC. aattl. FINDINGS AND rlW065. "Tbe Congress hereby finds that- ' (a) between 1968 and MRS. there were over eight thousand Incidents of interna- tional terrorism, over 50 per centum of. which were directed against American tar- lets: "(b) It Is an accepted principle of interna- tional law that a country may prosecute crimes committed outside Its boundaries that are directed against Its own security or the operation of its governmental functions: "(c) terrorist attacks on Americans abroad threaten a fundamental function of our Government: that of protecting its citizens; "(d) such attacks also threaten the ability of the United States to Implement and maintain an effective foreign policy; ?'(e) terrorist attacks further Interfere with Interstate and foreign commerce. threatening business travel and tourism as well as trade relations: and ?'(f) the purpose of this chapter Is to pro- vide for the prosecution and punishment of persons who, in furtherance of terrorist as tivities or because of the nationality of the victims. commit violent attacks upon Ameri- cans outside the United States or conspire outside of the United States to murder Americans within the United states. -a6C. 27at TERR411IQT acts AcA1No OWMD STALLS SATIOr AlS ASSOAD. "(a) Whoever outside the United States commits any murder as defined in section 1111(a) of this title or manslaughter as de- fined in section 1112(a) of this title, or at- tempts or conspires to commit murder, of a national of the United States shall upon conviction in the case of murder be pun- ished as provided in section 1111. for man- slaughter be punished as provided in section 1112. for attempted murder be imprisoned for not more than twenty years, and for conspiracy be punished as provided by we- Loon llli of this title, notwithstanding that the offense occurred outside the United States. "(b) Whoever outside the United States,' with intent to cause serious bodily harm or significantly loss of liberty, assaults, strikes, wounds. Imprisons, or makes any other vio- lent attack upon the person or liberty of any national of the United States or, If likely to endancer his person or liberty, makes violent attacks upon his business premises. private accommodations, or means of transport, or attempt-; to commit any of the foregoing. shall be fined not more than 15.000 or imprisoned not more than three years, or both. Whoever In the commission of any such act uses a deadly or dangerous weapon shall be fined not more than $10,000 or imprisoned not more than ten years, or both. "(c) Whoever, outside of the United States. onnsptres to commit murder. as de- fined in section 1111(a) of this title, within the United States of any national of the United States, shall be punished as provided in section 1117 of this title notwithstanding that the offense occurred outside the United States. ?'(d) As used in this section, the term 'na. tional of the United States' has the meaning given such term in section 101(aX22) of the Immigration and Nationality Act (8 U.S.C. 1101(aX22)). ,RESSIONAL RECORD - SENATE N el No Indictment for this aectlon can be returned without the written approval of the Attorney General or his designee.". (b) The table of chapters for part I of title 18, United States Code. Is amended by in- serting after the Item for chapter 113, the following: - "113A. Terrorist Sets against United States nationals abroad.. 2331". Mr. DOLE. Mr. President, I ask for the yeas and nays on final passage. The PRESIDING OFFICER- Is there a sufficient saoond? There is a sufficient second. The you and nays were ordered. Mr. SPECTER. Mr. President, this bill, S. 1429. the Terrorist Prosecution Act, fills a significant gap in our legal arsenal against terrorism by making terrorist attacks against Americans abroad a crime under U.S. law. The bW was introduod on July 10, 1985, as a modification of a bill origi- nally introduced on September 25. 1984, S. 3018. It was referred to the Subcommittee on Security and Terror- bin where hearings were held on July 30, 1985. An amendment in the nature of a substitute was adopted and the bill was polled out of the subcommit- tee with a vote of 5-0 on November 19. 1985. The Judiciary Committee adopt- ed S. 1429 by unanimous consent on December 12, 1985. The bill has the Support of the administration, and is cosponsored by Senators Arrnuws, BORER, Corms, D'ANAro, Dnrroa, DURzK mtcgit, GIASSLIY, Bakst, BARRY, ldcComtni, MuzSowsxi, Rom, Lsv1x, and HAwxixs. S. 1429 is vital to our battle against terrorism, and I urge my colleagues to Support it. Nearly 2s years ago, the Nation was rocked by a bomb blast that destroyed our marine barracks in Beirut, Leba- non, and took the lives of over 240 ma- rines. As our shock and grief gave wave to anger, the cries to bring the terrorists to Justice grew louder. many called for military reprisals. Having spent most of my adult life in law en. forcement, I turned first to the law- these terrorists were not soldiers, they were murderers and should be pros- ecuted in U.S. courts for their hei- nous crime. However, a review of current U.S. law revealed that we had no law on the books under which we could try these criminals, even if we caught them. This same gap in our law pre- vents U.S. Prosecution of those who brutally shot two U.S. AID [Agency for International Development] offi- cers during the hijacking of a Kuwaiti airplane in December 1981, or those who shot and killed the Americans at an outdoor cafe in El Salvador. A recent New York Times article on January 19, 1988, reported State De- partment legal advisers, Judge Abra- ham Sofaer, as noting "that no Feder- al law covers the murder of American citizens abroad, a lack that frustrated efforts to bring Indictments against, those responsible for slaying four off- duty American marines and two Amer- S1383 lean businessmen hi El Salvador last ycw.. To fill this sap. on September 25, 1984, I introduced S. 3018 to provide for U.S. jurisdiction over terrorist at- tacks against U.S. agents, officers, and employees. The bW was modified and reintroduced In the 119th Congress on June 27, 1985. as S. 1373. After reoeiv- kg input from authorities on interna- tional law and meetings with adminis- tration officials. the bill was further modified to provide U.S. jurisdiction over terrorist attacks on any American abroad and reintroduced as S. 1429 on July 10. 1985. At the heart of this bill is the notion that international terrorists are crimi- aals and ought to be treated as such- that they should be located promptly, apprehended and brought to trial for their heinous crimes. In 1984, Congress enacted new laws Providing extraterritorial Jurisdiction for hostage taking and aircraft sabo- tage, but murder of U.S. nationals out- side our borders and not within the special Jurisdiction of the United States, other than of specially desig- nated Government officials and diplo- mats, Is still not a crime under U.S. law. Judge Sofaer told the Senate Com- mittee on Security and Terrorism during hearings on July 30, 1985. that S. 1429 will fW a significant gap in cur- rent U.S. law, and is "warranted by re- allty and logic, and consistent with international law." " Ambassador Oakley concurred, emphasizing that the bill will be a useful tool in "the foreign policy and diplomatic aspects of our antiterrorism effort." Also testi- fying in support of the bill were Dr. Raymond Cline. senior associate at the Center for Strategic and International Studies. and Leo Byron, a hostage of the TWA hijacking In June 1985, ac- companied by his wife, Carolyn, and daughter. Pamela, who were also on the plane. S. 1429 fills the gap in current law without in any way contravening or conflicting with either International or constitutional law. While criminal Ju- risdiction is customarily limited to the place where the crime occurred, it is well-established constitutional doc- trine that Congress has the power to apply U.S. law extraterritorially if it so chooses. (See e.g.. United States v. Bowman, 260 U.S. 94 (1922)). International law also recognizes broad criminal Jurisdiction. If an al- leged crime occurs In a foreign coun- try, a nation still may exercise juris- diction over the defendant, pursuant to the "protective principle," U the crime has a potentially adverse effect upon Its security or the operation of Its governmental functions. This basis for Jurisdiction over crimes committed outside the United States has been ap- plied by the Federal courts in contexts ranging from drug smuggling to perju- ry- Clearly, then, the exercise of U.S. criminal Jurisdiction also is justified to Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 S 1384 ')NGRESSIONAL RECORD - SEN/ -S February 19, 1986 prosecute a terrorist who assaults or murders American nationals abroad. In addition to threatening a funda- mental function of our Government- that of protecting its citizens-sueh at- tacks undoubtedly have an adverse effect upon the conduct of our Gov- ernment's foreign affairs, and poten- tially threaten the security interests of the United States. Terrorist attacks further interfere with interstate and foreign commerce, threatening busi- ness travel and tourism, as well as trade relations. S. 1429 includes a statement of find- ings and purpose designed to make it clear the act is intended to cover acts of international terrorism, as opposed to bar room brawls or other violence which fails to trigger these national interests. Similarly, the bill specifies that no indictment may be returned under the act without the written ap- proval of the Attorney General or his designee. The intention of this section Is to further ensure that application of the law is limited to acts of national interest consistent with the findings and purpose set forth in the act. It is my sense that these provisions are adequate to satisfy this objective and, thus, the bill does not attempt to define terrorism. However. those seek- ing 'guidance on this issue can refer to the definition provided in the Foreign Intelligence Surveillance Act, title 50, section 1801(c). But making terrorist murder a U.S. crime alone will not protect Americans abroad. We must also demonstrate our seriousness by applying the law with fierce determination. In many (yes, the terrorist murder- er will be extradited or seized with the cooperation of the government in whose jurisdiction he or she Is found. Yet, if the terrorist is hiding in a coun- try like Lebanon, where the govern- ment, such as it Is, is powerless to aid in his removal, or in Lybia, where the government Is unwilling, we must be willing to apprehend these criminals ourselves and bring them back for trial. We have the ability to do that right now, under existing law. Under current constitutional doctrine, both U.S. citizens and foreign nationals can be seized and brought to trial in the United States without violating due process of law. See, for example. Frig- ate v. Collins, 342 U.B. 519, 522 (1952): Ker v. 111inots, 119 U.S. 436 (1886). It may surprise some to hear that such methods are an appropriate way to bring criminals to trial. If someone is charged or chargeable with an of- fense and is at liberty in some foreign country, It is an accepted principle of law to take that alleged criminal into custody if necessary and returnhim to the jurisdiction which has authority to try him. That prosecution and con- viction is sustainable under the laws of the United States and under interna- tional law. This principle has been In effect for almost 100 years, going back to 1886, In the landmark can of Her versus Il- linois. where the State of Illinois seized a defendant In Peru, a man being charged with a crime In Illinois. and brought him back to Illinois for trial, where he was convicted. The case went to the Supreme Court of the United States and the Supreme Court of the United States said It was appro- priate to try that man in Illinois and to convict him notwithstanding the means which were used to bring him back to trial in that jurisdiction. That doctrine was upheld In an opin- ion written by Justice Hugo Black, well known for his concern about de- fendants' rights, in the case of Frisbie versus Collins, handed down by the Supreme Court of the United States in 1952 and upheld in later decisions. No country In the world. no country in the history of the development of law. has more rigorous concepts of the due process of law than the United States of America and the U.S. Supreme Court. Forcible seizure and arrest Is a strong step, but the threat' of terror- ism requires strong measures. and this is clearly preferable to the alternatives of sending In combat troops or bomb- ing a few neighborhoods. When I first began urging serious consideration of forcible arrest of ter- rorists nearly 2 years ago, it drew some criticism. It was a unique idea, bor- rowed from the days of pirates. Yet, as critics looked more closely at the solid support for convictions ob- tained after forcibly seizing criminals. and as the cries for bombing raids and assassinations grew louder, the idea of seizing a terrorist for trial in the United States seemed reasonable. When Judge Sofaer testified on S. 1429, for example, he stressed his strong support for the bill but made equally clear his concern about the way I have urged it be applied-the use of forcible arrest where necessary. As we discussed it further that morn- ing in the hearing, it became clear that we were really not as far apart as it first appeared. Before the hearing concluded Judge Sofaer and I had agreed that such measures should be taken as a last resort, with extreme caution as an extraordinary step, being aware of the sensitive nature, and only after a decision at the high- est level. On January 19, 1986, the New York Times published an article entitled: "U.S. Is Said To Weigh Abducting Ter- rorists Abroad for Trials Here." In It, Judge Sofaer is reported as saying he would support "seizure" of fugitives In other countries If the chances for suc-' eels were reasonable. "He acknowl- edged that such a move. would violate international law." the article went on to note, "but said there were legiti- mate arguments in t vor of 'bending' the rules In extraordinary circum- stances." - By the end of that week on January 25. 1986. the Times ran an editorial supporting "snatching terrorists abroad," noting It "no longer sounds far-fetched." Mr. President, the bill we are consid- ering today represents the culmination of one aspect of my ongoing effort of nearly 2 years to develop an effective judicial approach to dealing with ter- rorism. First Introduced as S. 3018 in September 1984, the bill has benefit- ted from the ideas and suggestions of many others concerned about these same problems and from the outstand- ing leadership In the Senate of Sena- tor Jntnsmss Dgrma, chairman of the Judiciary Subcommittee on Security and Terrorism. In addition to S. 1429. I have also re- introduced a resolution, Senate Reso- lution 190 on June 27, 1985, to provide for international prosecution of terror- ists, expressing the sense of the Senate that the President should call for international negotiations aimed at determining an international defini- tion of terrorism which could then be established as a "universal crime." like piracy, punishable by any nation that captures the terrorists. Another necessary step in effective prosecution of terrorists as interna- tional criminals is to deny the fallacy of the "terrorist-diplomat." I have in- troduced legislation, 8. 1383 and Senate Resolution 191. aimed at pre- venting any recurrence of the gro- tesque spectacle we witnessed after the "Libyan shoot out" in London of terrorists walking away from prosecu- tion because of diplomatic immunity, by making it clear that murder is not, and can never be, protected diplomatic activity. The terrorist diplomat can exist only as a product of state-sponsored terror- ism, and it is to this threat that we must next turn our focus. Earlier this year. I introduced legislation to cut off all U.S. trade with Libya because of its support of international terrorism. This proposal was adopted by the Senate as an amendment to the For- eign Assistance Act giving the Presi- dent authority to summarily cut off trade with Libya and other countries because of its support of international terrorism. On July 10, 1985. the House passed a similar amendment to the House For- eign Assistance Act mandating a trade boycott of Libya, after I contacted Congressman BmRJAMm of New York. The provision was ultimately en- acted and provided authority for the President's recent trade embargo of Libya, announced on January 7, 1986. Finally, in response to the immedi- ate concerns raised by the TWA hi- jacking, I introduced a resolution. Senate Resolution 196, calling on the President to work for a worldwide boy- cott of all international airports that fail to meet adequate security stand- ards. I firmly believe that the United States must take an active role in en- suring the safety of passengers, not Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 February 19, 1986 CONL-.ESSIONAL RECORD - SENATE just on flights leaving our airports, but on all International flights. These legislative Initiatives, along with S. 1429. reflect my conviction that, ultimately. law abiding nations will succeed against this threat to law and order worldwide, not by adopting the terrorists tactics that threaten in- nocents. but by fiercely maintaining that threatened order and bringing the full force of the law to bear against these most heinous criminals. Mr. President. I thank the distin- guished majority leader for taking time for this bill at this time. I shall briefly summarize at this juncture what this bill does. At the present time, as a result of legislation in 1984. It Is against the laws of the United States to hijack or take hostage our American citizens. There is a significant gap in US. law at the present time as to attacks, as- saults. or killings of other U.B. citizens abroad. This bill fills that gap. For e.ample, Mr. President, there Is no law on the books at the present time which would enable the United States to take action for the U.S. citi- zens who were murdered at the Vienna and Rome airports in the recent inci- dents. or take action against the ter- rorists who murdered the 240 marines in Lebanon on October 25, 1983. or to bring to justice the murderers of U.S. citizens at the outdoor cafe In El Sal- vador, or take action against the ter- rorists who murdered two AID officers at the airport In Tehran. This bill would fill that gap. Mr. President. it hAs long been ac- cepted that the United States, or any nation. may exert extraterritorial ju- risdiction for attacks and murder on their citizen's abroad. It Is high time that there was a comprehensive crimi- nal code to protect American citizens around the world from such acts of had brought charges against a man by the name of Ker who fled to Peru. Dli- riols officials went to Peru, arrested Ker, brought him back to the United States, and he was convicted. That prosecution was upheld by the Su- preme Court of the United States in a decision which has been followed many times. with one opinion written by Justice Hugo Black. a noted civil S 1385 against innocents abroad, are strong arcu- ments for trying to bring some fugitives to account here. Probably the strongest argument for uni- lateral action I the failure of international efforts to punish either terrorists or their sponsors. Our European allies, having re- fused to Join to ecooondc sanctions or air- line groundings, would find It harder to object to discreet American efforts at self- protection. libertarian. Responsible Americans are not talking In terms of bringing a terrorist to about a abootout on a busy Paris street. justice, that has to be very carefully They do. however, want to warn nations considered. When these Ideas were that harbor the likes of Mohammed Abbas first offered In legislation by this Sen. that they risk the humiliation of having ator some years ago, there was some dim snatched away. That alone might keep lslm substantial criticism In trying to use Mohammed and other Abbas Y sIs under de flight. al i the Her doctrine to try to bring terror- anent. . charged with plotting the the Achille Ists to justice In the United States. As d Iauro hifarkiog. with as cold-Olooded we have seen a proliferation of terror- murder of a disabled American He was in. as we have seen other procedures caught when Americas planes intercepted not effective, as we have seen an effort the hijackers' escape plane but was then at economic ganMSons-which its a fly released. first by Italy. then Yugo- good first step but unfortunately not iiavia, despite a strong American showing joined in by our colleagues-retallato- that be was extraditable. He is a prime can- ry attacks have been considered and didate for capture If American agents can manage a rejected, we have been searching for ways to deal with terrorism. The criminal laws have doctrines with con- siderable force, and those doctrines can be effectively used in bringing ter- rorists to justice and bringing them to the United States for trial. for pros- ecution. and conviction. I ask unanimous consent that the text of a New York Times editorial for January 26, 1986, be Incorporated in the RzcoaD. It is entitled "Snatching Terrorists Abroad," which is a succinct statement and a policy justification for this kind of enforcement and action. There being no objection, the article was ordered to be printed In the Rzconn, as follows: Blom the New York Times, Jan. 25.19661 SSATcitmo Twoarsrs Aaloro If other nations can't catch terrorists or refuse to surrender them why shouldn't , terrorism. Mr. President, there has been a Americans match suspects wherever they can and bring them to justice In the United great deal of tough talk about terror- - Sates? That question no longer sounds far- ism, but very little tough action. The fetched. enactment of this measure will enable The violence against Americans abroad the United States to supplement the and the failure of other nations to take it tough talk with some tough action seriously have aroused Washington's Inter- There is at the present time, largely cat in every conceivable countermeasure. unknown but a fact, that the three Prudence and justice argue for striking di- terrorists who hijacked the TWA rectly at runty terrorists. Why not take them where we can. plane are now under indictment, with The main obstacles are other nations' such charges having been issued by rights and sensibilities. Oovemments that the U.S. District Court for the District put a much lower priority on arresting ter- of Columbia. This bill will put on the rorists may well regard kidnapping by books a measure which will protect American agents as a crime. They also cher- American citizens abroad under all cir- Ish their sovereignty and insist on making cumstances from acts of terrorism. their own choices about whom to arrest and What happens next, terrorism. President. to extradite. Some may also fear retribution Mr. by ter United refused the ttf to deliv- rorists terms of bringing terrorists to jus. States Itself has remember aomenines that eliv tice. is a complex matter but it is er fugitives under extradition treaties that Such snatchings are no substitute for sun- .tained antiterrorist campaigns. Including in- fIltration of suspect groups. They are no substitute for joint action when it can be ne- gotiated. But they can bring some murder- ers to Justly and relieve the pent-up Ameri- can frustration that might otherwise pro- voke truly rash action. Mr. SPECTER. The enactment of this bill will give us a good weapon in our arsenal which will enable us to consider a variety of alternatives to bring terrorists to justice. It will be a great day in our battle against terror- ism worldwide to bring terrorists to the Federal court here In Washington. DC, for prosecution, conviction, and punishment. I thank the Chair. Mr. BIDEN. Mr. President, I would like to take a minute to say that I was interested to note that when we were told this was going to come up and I was suggested as the ranking member to manage this, I asked the staff to check if it was brought up as a non- controversial bill. The only reason it is noncontroversial Is because of the ef- forts of the Senator from Pennsylva- nia. The Senator from Pennsylvania addressed this Issue in the Judiciary Committee, as he Indicated, several years ago. and there then was a good deal of controversy about whether or not the direction he was seeking to go was proper and whether the whole window of law he was seeking to close should be closed. So I rise to compliment the Senator from Pennsylvania for his diligence and for his persistence In this matter. Mr. President, I rise In support of S. 1429. the Terrorist Prosecution Act. the Supreme Court of the United Still, while other nations are unlikely to States has upheld convictions where give advance approval, some might quietly criminals are brought back to the applaud or even assist in specific arrests of United States for trial regardless of properly charged fugitives. American Judges the methods by which they are traditionally have not inquired about how a brought back. suspect Is brought before these. only wheth- In a celebrated ease called Ker er he's been duly charged. America's known regard for defendants' rights, and President against Illinois. the State of Illinois Reagan's rejection of reckless retaliation for the prosecution and punishment of persons who. In furtherance of terror- ist activities or because of the nation- ality of the victims. commit violent at- tacks upon Americans outside the United States or conspire outside of the United States to murder Ameri- cans within the United States. Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 S 1386 7NGRESSIONAL RECORD - 5EN 'E The legal underpinnings of this bill are sound. It Is an accepted principle of international law that a country may prosecute crimes committed out- side 14 boundaries that are directed against Its own security or the oper- ation of its governmental functions. Terrorist attacks against Americans threaten such a fundamental function of our Government-that of protect- ing Its citizens. Mr. President, terrorism Is antitheti- cal to the rule of law; yet, to the extent feasible. It is the rule of law upon which we must rely to fight ter- rorism. What is needed in the fight against terrorism is not a suspension of the very values that we as a Nation seek to embody, but an affirmation of those values by bringing the rule of law to bear on terrorist activity. It Is appropriate and necessary, therefore. that we employ every legal mechanism within our power to punish those who commit terrorist acts against Ameri- cans, yet doing so In a way that re- spects the rule of law that we as a nation revere. Mr. President, In conclusion I would like to commend Senators Srsc-rsa, Dsxrox, and LEAKY for their commit- ment to seeing this legislation through. This is a very difficult area to legislate, and I think they have come up with a very good product that I believe will have tangible results In combatting terrorist attacks against Americans. Mr. SPECTER. I have one further comment, Mr. President. I thank the distinguished Senator from Delaware for his very general and kind remarks. Mr. LEAHY. Mr. President, the hi- jacking of the Achille Lauro and the recent atrocities at the Rome and Vienna airports, have given new ur- gency to the debate over the proper U.S. response to International terror- ism. The United States needs a compre- hensive counterterrorism strategy. Part of that strategy must be to Im- prove our intelligence so the discrimi- nate use of force against terrorists who have committed or are about to commit violent acts becomes feasible and legitimate. Our strategy must also include laws which provide for the criminal pros. ecution in the United States of terror- ists over whom we can obtain jurisdic- tion through extradition and other means. Remarkably, under current law, the murder of U.S. citizens outside our borders, other than of certain govern- ment officials and diplomats, Is not a crime. The Terrorist Prosecution Act will close this serious GAP in our arsenal against terrorists, by providing for long Jail sentences for individuals who conspire to commit or commit terrorist assaults, murders, or kidnapings against Americans abroad. As ranking member of the Subcom- mittee of Security and Terrorism. I am proud to have worked with Chairman Dz rox and Senator Srscrza on a draft of this bill which I have cospon- sored and which has the strong sup- port of the State and Justice Depart- ments and all members of the Judici- ary Committee. Terrorism will continue to plague us in the future. There are no simple so- lutions, but we should have every weapon at our disposal. I urge my col- leagues to give this bill their whole- hearted support. Mr. DENTON. Mr. President. I rise in support of S. 1429, the Terrorist Prosecution Act, a bill to amend title 18, United States Code, to authorize prosecution of terrorists and others who attack U.B. nationals abroad. In reviewing the subject of Interna- tional terrorism, the Judiciary Sub- committee on Security and Terrorism, which I chair. has collected sufficient evidence, through hearings. to con- clude that there is more to terrorism than Just a series of unrelated violent events perpetrated by several unrelat. ed groups. There in for example a clear pattern of Soviet supported and equipped in- surgencies seeking to destabilize, by revolution, whole regions such as Southern Africa, to politicize estab- lished religion, such as In Nicaragua and the Middle East, and to export vi- olence against the democratic govern- ments of neighboring states. The trends are clear. Cooperation among terrorist groups is increasing. In some instances drug money fi- nances the violence. The lethality of the action is becoming greater as more powerful and more sophisticated weapons are employed. There Is In- creasing disregard for the Innocent. More diplomats and world leaders are targets. More innocent civilians are made into pawns. United States' inter- ests are the No. 1 target. The pattern that emerges from studying the testimony obtained in more than 60 hearings before the Sub- committee on Security and Terrorism, and more recently in Joint hearings with the Judiciary Committee and Foreign Relations Committee, 1s that terrorism I the most widely practiced form of modern warfare. It Is both a major force and a major trend In for- eign affairs. How successful have we been in deal- ing with terrorist warfare against our commerce, soldiers, diplomats, facW- ties, leaders, and private citizens? Not very. We in Congress sometimes adopt self-defeating, even contradictory. measures that often put us at odds with our friends and allies. Most people are outraged at the violence of terrorism as depicted by the daily news, but that rage is short-lived. We have come to a point that re- quires that we establish both a foreign and domestic policy for dealing with the obvious threat. U.B. policy on terrorism is fragment- ed and only partially developed. I be- lieve that it is essential that we deter- mine the degree of the threat to our February 19, 1986 interests, set our goals and objectives, and then develop a policy and commit- ments. From there. we must explain our policy so that we can build a con- sensus that will enable us to persevere and to succeed over the long haul. Terrorism must be dealt with on many fronts and a military response alone will not suffice. First, we must have laws that are sufficient to meet the threat. We must have a mecha- nism capable of enforcing these laws. We must pursue diplomatic initiatives and our allies must stand firm with us on this issue. We must in the end be prepared to employ a full range of sanctions: legal, diplomatic, economic. and military. S. 1429. introduced by my distin- guished colleague from Pennsylvania, Senator Sracrsa, will allow for pros- ecution in the United States of individ- uals who commit terrorist murders against U.B. nationals abroad. I believe that S. 1429, with the amendments suggested by the Department of Jus- tice and offered at the Subcommittee by Senator LsnsY and myself for Sen- ator Srscrza, represents a step for- ward in our ongoing fight against ter- rorism. I urge my colleagues to support S. 1429. Thank you, Mr. President. Mr. HATCH. Mr. President, I rise In support of Senate bill S. 1429, intro- duced by my colleague Senator SFzc- rca. The bill seeks to authorize pros- ecution of terrorists who attack U.S. Nationals abroad. It does this by ex- panding the Jurisdiction of U.S. courts overseas. The crimes in question in- clude murder, manslaughter, conspira- cy to murder, and assault. In addition, It also makes it a crime to conspire outside the United States to commit murder within the United States and to commit the murder of any U.S. na- tional. Although I regret that the bill does not define terrorism per se, and al- though I believe in the need for a stat- utory definition of international ter- rorism. this bill develops the national- ity theory of jurisdiction. In other words, and attack upon any U.S. citi- zen abroad, or a conspiracy to engage in such attack, if it includes the crimes I have Just listed, grants Jurisdiction to U.S. courts to try the offenders In question, once the United States has apprehended them. Among other things, this will prevent a situation similar to that of the murder of Leon Klinghoffer aboard the AchiUe Laumo, when the United States was truly unable to claim a proper jurisdiction in that instance. What this act really does is to devel. op the nationality theory of jurisdic- tion. a theory already claimed by Israel and France, among others. An attack upon and American citizen abroad. and fits one of the above crimes, makes the attack a criminal act under our Federal Criminal Code. This I a most desirable approach In Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 Sanitized Copy Approved for Release 2011/03/04: CIA-RDP87B00858R000600950017-8 February 19, 1986 f NGRESSIONAL RECORD - SENA' S 1387 these days of a shrunken world made I also announce that the Senator threatening business travel and tourism as small by modem science and technolo. from Nebraska (Mr. Exos) is absent well as trade relations: and gy. Mr. because of illness, "(f) the purpose of this chapter is to pro. It its to~itenall successful t, the United in States, if and I fuurttheQ, nouncetohat, trom present vide for the Prosecution and Punishment of Maine persons who. In furtherance of terrori.,t ac- ing the terrorist threat, must put its (Mr. MITCHELL) would vote "yea." victi s or because of the nationality of the words into deeds. This is the only way The PRESIDING OFFICER. ms' Commit violent attacks upon Amerl. Are victims. to serve notice on terrorist offenders there any other Senators in the Cham. ot~tsidCe otside f thee UUnited States or mu der that the United States will no longer ber desiring to vote? Americans within the United States. allow them to escape the consequences The result was announced-yeas 92, -USG tat. TERRORIST ACTS AGAINST L'MTED of their bloody acts. How we obtain or nays 9, as follows: ITATLS NATIONALS ABROAD. apprehend the terrorist offenders is IRODCIJI Vote No. 17 Leg.) "(a) Whoever outside the United states another question. I note that many of Commits any murder as defined in section my colleagues, and the administration Aemoor owe 1111(a) of this title or manslaughter as de- aiso. will not rule out abduction. Nor Andreas Gorton xe~ fined In section 1112(a) of this title, or at. do I, Mr. President, if that is the only Armstrong Gramm ~our~cohati tempts or conspires to commit murder, of a way to get these vile murderers to Baucut Orasley Nickles national of the United States shall upon American shores. Bentsen Bartln Nunn Conviction In the case of murder be pun. wOOd bhp Provided in section One thing is clear. We cannot afford siIrigmiman Beuh pact s Provided for maa- !ell slaughter be punished as provided in section the further shedding of Innocent Bogen Hatfield Pres)er 1112, for attempted murder be imprisoned blood or to allow political fanatics to Bradley ~its Hawkins Proxmire for not more than twenty years, and for Becht make civilization itself their hostage. Bumpers Benin Quayle conspiracy be Punished as provided by sec. S. 1429 Is a good bill because it en- Burdhc t Reins Rietle Uon 1117 of this title, notwithstanding that hances the reach of the American Byrd . Reim Rockefeller the offense occurred outside the United Criminal Justice system in Its attempts Chafee Hollings Roth Btates. Chiles Humphrey Rudman "(b) Whoever outside the United States. to bring these barbaric criminals to Cochran Johnston 8a?banes with intent to cause serious bodily harry. or Ju of S. 1429. stice. Mr. President, I urge support Cohen Rassebaum sa:ser significant loss of liberty, , viorikes. storing g legal It is a first step toward re- DAmato Cranston Kennedy y g mom, wounds. imprisons, or makes any assaults. strikes, stgal Sanity in a world reeling Danforth Remy opener lent attack upon the Person or liberty of from terror-violence. It serves notice DeConcini lautenberg Stafford any national of the United States or. if on terrorists and violent-wrongdoers Denton laxalt Stevens likely to endanger his person or liberty, abroad that American Justice will not LeLevin ahy Thsymnw urmond makes violent attacks upon his business be denied. Dole Lons Premises, private accommodations, or means Tab of transport, or attempts to commit any of lieve Mr. we SPECTER. CTER. ready to to Mr. vote. President, I be- ZLgieton Domenid MatLugar Wallop Warner the foregoing, shall be fined not more than Bust my warrne The PRESIDING OFFICER. The )tuna McClure Mattingly welrker y ?~ or imprisoned not more than three wagon years, or both. Whoever in the commission question Is on agreeing to the commit- lord McConnell Zoriaakr of any such act uses a deadly or dangerous tee amendment In the nature of a sub. clan Melcher weapon shall be fined not more than $10,000 statute. NAYS-0 or Imprisoned not more than ten years, or The committee amendment in the NOT VOTING-8 both. nature of a substitute was agreed to. NO Whoever, outside of the United Durenberger Goldwater Mitchell States, Conspires to Commit murder, as de. The PRESIDING OFFICER. The lion Inouye Stennis fined in section 1111(a) of this title, within bill is before the Senate and open to Olean Mathias the United States of any national of the further amendment. If there be no 80 the bill (S. 1429), as amended, United States, shall be Punished as provided further amendment to be proposed, was passed, as follows: In section 1117 of this title notwithstanding the question is on the engrossment 8.1429 that the offense occurred outside the and third reading of the bill. Be it enacted by the Senate and House United States. The bill was ordered to be engrossed Repnsextatftxs of he United States O tio (ndal) of As used in the United States' has the meaning for It third reading and was read the America in Congress sssembied, third time. That this given such term to section 101(a)(22) of the Act may be cited as The the "Terrorist Prosecu- Immigration and Nationality Act (8 U.S.C. PRESIDING OFFICER. The lion Act of 1985". 1101(ax22)). bill having been read the third time, Bac? 2. (a) Part I of titre 18, United States NO No indictment for this section can be the question is. Shall it pass? On this Code' is amended by inserting after chapter returned without the written approval of question, the yeas and nays have been ,113 the following: the Attorney General or his designee.". ordered and the clerk will call the roll. CHAPTER 113A-TERRORIST ACTS (b) The table of chapters for part I of title The assistant legislative clerk called AGAINST 'UNITED STATES NATION- 18, United States Code. Is amended by in- the roll. ALS ABROAD aerting after the item for chapter 113, the Mr. SIMPSON. I announce that the "2331. Findings and purpose, following: Senator from Minnesota (Mr. Du) the 2332. Terrorist acts against United States "113A. Terrorist acts against United Sena and the Senator from Arizona nationals abroad. States nationals abroad.....?.......... 2331". BERGER) -sec. tows. nNDtNGS AND rt'RPOSE Mr. DOLE. Mr. President. I move to [Mr. OOLDWATER] are necessarily "The Congress hereby finds that- absent. reconsider the vote by which the bill - "(a) between 1968 and 1985, there were was passed. I also announce that the Senator over eight thousand Incidents of Interns- Mr. NICKLES. I move to lay that from Maryland [Mr. MATHIAS] is tional terrorism, over e0 per centum of motion on the table. absent on official business. which were directed against American tar- I further announce that, if present gets; The motion to lay on the table was and Voting, the Senator from Minneso "(b) It IS an accepted Principle of Interns- agreed to. to (Mr. DURMBERGr) would vote tonal law that a country may prosecute Mr. MCCONN -T? Mr. President. I yam crimes committed outside its boundaries am pleased the Senate voted by such a that are directed against Its own security or wide margin to support this legisla- Mr. CRANSTON. I announce that the operation of Its governmental functions; tion. I commend the dedicated effort the Senator from Ohio (Mr. Ot.txN), NO terrorist attacks on Americans abroad of my colleague, Senator Srecrilt, in the Senator from Maine [Mr. MITCH. th ten at fudamf of protecting function of our shepherding this bill through the Ju- Rll. and the Senator from Mississippi protecting its citizens: dietary Committee and to the floor. [Mr. STSxxls] are necessarily absent.