CONVEYING AGENCY VIEWS TO OMB - S. 1429

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• Document Creation Date: December 22, 2016
• Document Release Date: March 3, 2011
• Sequence Number: 17
• Publication Date: March 19, 1986
• Content Type: MEMO

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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
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 Ma rn IF
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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
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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:
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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
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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 Gn.su-N 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
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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.
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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
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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.