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Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 fiction An~ Office of Legislative Liaison Rooting slip ACTION INFO 1. D/OLL 2. DD/OL 3. Adman officer 4. Liaison 5. Legislation x 6. Ch/Liaison 7. DCh/Liaison 8. 9. 10. rks: 14 Mar 86 Date ame Da e Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 ctier Office of Legislative Liaison Routing Slip, ACTION INFO 1. D/OLL 2. DD/OLL;';ar?e `i . 3. Admin Officer 4. Liaison 5. Legislation 6. Ch/Liaison 7. DCh/Liaison 8. 9. 10. Name/ ate i 1 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139 OR000801020025-2 NAL AFFAIRS UP ft t-.- Jame ~'. `Murlr' for Assi Cant Director for Legislative Reference EXECUTIVE OFFICE OF THE PRESIDENT Department of Transportation Department of Defense ntral Intelligence Agency OFFICE OF MANAGEMENT AND BUDGET WASHINGTON. D.C. 10503 March 3, 1986 LEGISLATIVE REFERRAL MEMORANDUM Department of Justice Department of the Treasury Department of State 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 March 14, 1986. cc: Karen Wilson Frank Kalder John Cooney Russ Neeley Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 S 1382 CONGRESSIONAL RECORD - SENATE February 19, 1986 coin and Jefferson Memorials and, 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 go 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 sense of humor that he pos- srssed 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 Srsxtris, 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 sisle 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. It is my hope that we will be able to have a delegation of Senators attend his funeral on Friday. The services will be in Ruleville at the Methodist church there at 10 o'clock in the morning. We have lost a great citizen in Mis- sissippi with the passing of Senator Jim Eastland, and I have lost a very good friend. Mr. STENNIS. Mr. President, will the Senator yield for 1 minute? Mr. COCHRAN. I am happy to yield. 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 hood 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 ladles, 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.%now 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 very proudly pushed the elevator button three times. As the Senator knows, pushing the elevator button three times back in those days was a command to the elevator operator to come no matter where he was headed or where he was. Senator Eastland no- ticed that. He said, "Jesse, do not do that around me anymore." He said, "That is the trouble. with the U.S. Senate. People come up here enam- ored with the idea of pushing that 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. President. yield the floor. RORIST PROSECUTION ACT The PRESIDING OFFICER. Under the previous order. the clerk will now report Calendar No. SOT. The legislative clerk read as follows: A bill (S. 1429). to amend title 18. United States Code, to authorize 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 18, United State3 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 2011/03/07: CIA-RDP90BO139OR000801020025-2 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 February 19, 1986 CONGRESSIONAL RECORD - SENATE S 1383 That this Act may be cited as the "Terrorist "(e) No indictment for this section an be loan businessmen iii El Salvador last Prosecution Act of 1985". returned without the written approval of year." Ssc. 2. (a) Part I of title 18, United States the Attorney General or his designee.". To fill this gap, on September 25, Code, is amended by inserting alter chapter (b) The table of chapters for part I of title 113 the following: 18, United States Code, is amended by in- 1984, I introduced S. 3018 to provide "CHAPTER 113A-TERRORIST ACTS serting after the item for chapter 113, the for U.S. jurisdiction over terrorist at- AGAINST UNITED STATES NATION- following: tacks against U.S. agents, officers, and AlS ABROAD "113A. Terrorist acts against United employees. The bill was modified and "2331. Findings and purpose. States nationals abroad _.. _..._,_ 1331". reintroduced in the 99th Congress on "2332. Terrorist acts against United States Mr. DOLE. Mr. President, I ask for June 27, 1985, as S. 1373. After receiv- natiottak abroad. .L- ----- _ ___-- -- .,_ _. In& i"n"t r_....,,?r,.,~:.r.. ,-.___ on "(a) between 1968 and 1985, them were there a sufficient second? There Is a tration officials, the bill was further over eight thousand incidents of interns- sufficient second. modified to provide U.S. Jurisdiction tional terrorism, over 50 per centum of. The yeas and nays were ordered. which were directed against American tar- Mr. SPECTER. Mr. President, this gets: bill, S. 1429. the Terrorist Prosecution "(b) it is an accepted principle of interns- crones law Act, fills a significant gap in our legal oute country its may boundaries prosecute arsenal against terrorism by making crimes committed atoutside that are directed against Its own security or terrorist attacks against Americans the operation of its governmental functions; abroad a crime under U.S. law. " (c) terrorist attacks on Americans abroad The bill was introduod on July 10, threaten a fundamental function of our 1985, as a modification of a bill origi- Government: that of protecting its citizens: nally introduced On September 25, -"(d) such attacks also threaten the ability the United States to implement and 1984, S. 8018. It was referred to the maintain an effective foreign policy; Subcommittee on Security and Terror- "(e) terrorist attacks further interfere ism where hearings were held on July with interstate and foreign commerce, 30, 1985. An amendment in the nature threatening business travel and tourism as of a substitute was adopted and the well as trade relations: and bill was polled out of the subcommit- -(f) the purpose of this chapter is to pro- tee with a vote of b-0 on November 19, vide for the prosecution and punishment of 1985. The Judiciary persons who, in furtherance of terrorist a Committee tivities or because of the nationality of the e S. 1429 by unanimous consent on victims, commit violent attacks upon Amen- December 12. 1985. The bill has the cans outside the United States or conspire support of the administration, and is outside of the United States to murder cosponsored by Senators ANDREWS, Americans within the United States. BOREN, Comm, D'AwATo, DENTON, `GEC. 2"L TERRORIST ACTS AGAINST ONrIED DURENSERGER, GRASSLEY, Hscirr, STATIrs SATIOriAIS ABROAD. LEAKY. MCCoNNIQ "(a) Whoever outside the United States .f~ Mowalu. commits any murder as defined in section ' ROTH, LEvIN, and HAWKINS. 1111(a) of this title or manslaughter as de- S. 1429 is vital to our battle against fined in section 1112(a) of this title, or at- terrorism, and I urge my colleagues to tempts or conspires to commit murder, of a support it. national of the United States shall upon Nearly 2% years ago, the Nation was conviction in the case of murder be pun- rocked by a bomb blast that destroyed ished as provided in section 1111, for man- slaughter our marine barracks in Beirut, Leba- 1112, be punished as provided in section 1112, for attempted murder be imprisoned non, and took the lives of over 240 ma- for not more than twenty years, and for rines. As our shock and grief gave conspiracy be punished as provided by sec- wave to anger, the cries to bring the lion 1117 of this title, notwithstanding that terrorists to justice grew louder. Many the offense occurred outside the United called for military reprisals. Having slates. spent most of my adult life In law en- "(b) Whoever outside the United States, forcemeat, I turned first to the lsw- with intent to cause serious bodily harm or significantly loss of liberty, assaults, strikes, these terrorists were not soldiers, they wounds, imprisons, or makes any other vio- were murderers and should be pros- lent attack upon the person or liberty of ecuted in U.S. courts for their hei- any national of the United States or, if nous crime. likely to endanger his person or liberty. However, a review of current U.S. makes violent attacks upon his business law revealed that we had no law on premises. private accommodations, or means the books under which we could try of transport, or attempts to commit any of these criminals, even if we caught the foregoing, shall be fined not more than t5.000 or imprisoned not more than three them. This same gap in our law pre- sf.irs, or both. Whoever in the commission vents U.S. prosecution of those who of any such act uses a deadly or dangerous brutally shot two U.S. AID (Agency weapon shall be fined not more than $10,000 for International Development) offi- or imprisoned not more than ten years, or cers during the hijacking of a Kuwaiti both. ?(c) Whoever, outside of the United airplane in December 1981, or those States, conspires to commit murder, as de- who shot and killed the Americans at fined in section 1111(a) of this title. within an outdoor cafe in El Salvador, the United States of any national of the A recent New York Times article on United States. shall be punished as provided January 19. 1986. reported State De- in section 1117 of this title notwithstanding partment legal advisers, Judge Abra- that the offense occurred outside the ham Sofaer, as noting "that no Feder- United States. al law covers the murder of American 'na- '(d) used this section, has term citizens abroad, a lack that frustrated tional of f the e United States' has the meaning ing given such term in section 101(a)(22) of the efforts to bring indictments against Immigration and Nationality Act (8 U.S.C. those responsible for slaying four off- 1101(a)(22)). duty American marines and two Amer- 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- nals 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 8. 1429 will fill a significant gap in cur- rent U.S. law, and is "warranted by re- ality 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," if 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 2011/03/07: CIA-RDP90BO139OR000801020025-2 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 S 1384 CONGRESSIONAL RECORD -- SENATE 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-such 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- ingguidance 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 cases, 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, Fris- bie v. Collins, 342 U.S. 519, 522 (1952): Ker v. Illinois, 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 case of Ker 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, 1988, 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-' cess 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 favor 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 JtntMIAH Dtr'roN. 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. S. 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 BENJAMIN OnaxaN 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 2011/03/07: CIA-RDP90BO139OR000801020025-2 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 February 19, 1986 CONGRESSIONAL RECORD - SENATE just on flights leaving our airports, but had brought charges against a man by on all International flights. the name of Ker who fled to Peru. Ill!' 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 Was of the United States to hijack or fake hostage our American citizens. There is a significant gap in U.S. law at the present time as to attacks, as- saults, or killings of other U.S. citizens abroad. This bill fills that gap. For example, 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 citizens abroad. It is high time that there was a comprehensive crimi- nal code to protect American citizens around the world from such acts of terrorism. Mr. President, there has been a great deal of tough talk about terror- ism, but very little tough action. The enactment of this measure will enable the United States to supplement the tough talk with some tough action. There is at the present time, largely unknown but a fact, that the three terrorists who hijacked the TWA plane are now under indictment, with such charges having been issued by the U.S. District Court for the District of Columbia. This bill will put on the books a measure which will protect American citizens abroad under all cir- cumstances from acts of terrorism. . What happens next. Mr. President, by terrorists or remember that the United in terms of bringing terrorists to Jus- States itself has sometimes refused to deliv- tice, is a complex matter but it is er fugitives under extradition treaties that against innocents abroad, are strong argu- ments for trying to bring some fugitives to account here. Probably the strongest argument for uni- lateral action is the failure of international efforts to punish either terrorists or their sponsors. Our European allies, having re- fused to join In economic sanctions or air- line groundings. would find it harder to object to discreet American efforts at self- protection. Responsible Americans are not talking about a shootout on a busy Paris street. They do, however, want to warn nations that harbor the likes of Mohammed Abbas that they risk the humiliation of having him snatched away. That alone might keep him and others In distracted flight. Mohammed Abbas Is under Federal indict- ment, charged with plotting the Achille Lauro hijacking, with Its cold-blooded murder of a disabled American. He was caught when American planes intercepted the hijackers' escape plane but was then rashly released, first by Italy, then Yugo- slavia. despite a strong American showing that he was extraditable. He Is a prime can- didate for capture if American agents can manage ft. Such snatchings are no substitute for sus- 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 justice 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 purpose of this bill is to provide 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. 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 suspect is brought before them, only wheth- brought back. er he's been duly charged. America's known In a celebrated case called Ker regard for defendants' rights, and President against Illinois, the State of Illinois Reagan's rejection of reckless retaliation Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 nols officials went to Peru. arrested Her, 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 libertarian. In terms of bringing a terrorist to justice, that has to be very carefully considered. When these ideas were first offered in legislation by this Sen- ator some years ago, there was some substantial criticism In trying to use the Ker doctrine to try to bring terror- ists to justice in the United States. As we have seen a proliferation of terror- inn, as we have seen other procedures not effective, as we have seen an effort at economic sanctions-which Is a good first step but unfortunately not joined in by our colleagues-retaliato- ry attacks have been considered and 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 RECORD. 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 REcosn, as follows: IFrom the New York Times. Jan. S5, 18861 SNATCHING TuitORrsTs AaaoAD If other nations can't catch terrorists or refuse to surrender them, why shouldn't Americans swatch suspects wherever they can and bring them to justice to the United 'States? That Question no longer sounds far- fetched. The violence against Americans abroad and the failure of other nations to take it seriously have aroused Washington's inter- est in every conceivable countermeasure. Prudence and justice argue for striking di- rectly at guilty terrorists. Why not take them where we can? The main obstacles are other nations' rights and sensibilities. Governments that put a much lower priority on arresting ter- rorists may well regard kidnapping by American agents as & crime. They also cher- Weir own choices about whom to arrest and Some may also fear retribution to extradite Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 S 1386 CONGRESSIONAL RECORD - SENATE February 19, 1986 The legal underpinnings of this bill Dz rox and Senator Srscrra on a interests, set our goals and objectives, are sound. It is an accepted principle draft of this bill which I have cospon- and then develop a policy and commit- of international law that a country sored and which has the strong sup- ments. From there, we must explain may prosecute crimes committed out- port of the State and Justice Depart- our policy so that we can build a con- side its boundaries that are directed ments and all members of the Judici- sensus that will enable us to persevere against its own security or the oper- wry Committee. and to succeed over the long haul. ation of its governmental functions. Terrorism will continue to plague us Terrorism must be dealt with on Terrorist attacks against Americans in the future. There are no simple so- many fronts and a military response threaten such a fundamental function lutions, but we should have every alone will not suffice. First, we must of our Government-that of protect- weapon at our disposal. I urge my col- have laws that are sufficient to meet ing its citizens, leagues to give this bill their whole- the threat. We must have a mecha- Mr. President, terrorism is antitheti- hearted support. nism capable of enforcing these laws. cal to the rule of law. yet, to the Mr. DENTON. Mr. President. I rise We must pursue diplomatic initiatives extent feasible, it is the rule of law in support of S. 1429, the Terrorist and our allies must stand firm with us upon which we must rely to fight ter- Prosecution Act, a bill to amend title on this issue. We must in the end be rorism. What is needed in the fight 18, United States Code, to authorize prepared to employ a full range of against terrorism is not a sus e i .....- ti __r f -_ p ns on ecu sts on o 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 SPacrsa, Dmrrox, and Lii AHY 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 to 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 AchiUe 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 who attack U.S. 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 is 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 80 hearings before the Sub- committee on Security and Terrorism, and more recently in joint hearings with the Judiciary Committee and Foreign Relations Committee, is that terrorism is 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, facili- 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.S. policy on terrorism is fragment- ed and only partially developed. I be- mine the degree of the threat to our This is a most desirable approach in sanctions: legal, diplomatic, economic, and military. 8. 1429, introduced by my distin- guished colleague from Pennsylvania, Senator Srccrsa, will allow for pros- ecution in the United States of individ- uals who commit terrorist murders . against U.S. nationals abroad. I believe that S. 1429, with the amendments suggested by the Department of Jus- tice and offered at the Subcommittee by Senator Lwr and myself for Sen- ator SPECTER, 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 SPEC- TER. 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 Achille Lauro, 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 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 February 19, 1986 CONGRESSIONAL RECORD -? SENATE S 1387 these days of a shrunken world made I also announce that the Senator threatening business travel and tourism as small by modern science and technolo- from Nebraska (Mr. Exoi] is absent well as trade relations; and gy. because of illness. "(f) the purpose of this chapter is to pro- Mr. President, the United States, if I further announce that, if present vide for the prosecution and punishment of it is to be at all successful in combat- and voting, the Senator from Maine tivit essorhbecauseuof thennati nalityrof the words the terrorist threat, must put its into deeds. This is the only way [ The MITCHELL] w- PRESIDING would Ovote "yea." FFICER. Are c af ne uns, commit outside e the United violent States upon conspire c t to serve notice on terrorist offenders there any other Senators in the Cham- outside of the United states to murder 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, -SEC 2332. TERRORIST ACTS AGAINST UNITED of their bloody acts. How we obtain or nays 0. as follows: STATES NATIONALS ABROAD. apprehend the terrorist offenders Is [Rollcall Vote No. 17 Leg.] "(a) Whoever outside the United States another question. I note that many of YEAS-92 commits any murder as defined in section my Colleagues, an he admnistration 1111(a) of this title or manslaughter as de- my cone not ran out abduction. Nor Abdnor Gore )Itetsenbaum fined in section 1112(a) of this title, or at-, also. will wnd,ews Gorton Moynihan tempts or conspires to commit murder, of a do I. Mr. President, If that is the only Armstrong Gramm Murkowskl way to get these vile murderers to BsuCut Graasley Nickles national of the case States er b upon American shores. Bentsen Harkin Nunn conviction in the ease of murder be pun. Eiden Hart Packwood (shed as provided in section 1111, for man- One thing is clear. We cannot afford Bingaman Hatch Pell slaughter be punished as provided in section the further shedding of Innocent Boren Hatfield Pressler 1112, for attempted murder be imprisoned blood or to allow political fanatics to BBhe wlts Hawkins ~o xmlte for not more than twenty years, and for make civilization itself their hostage. Bumpers Heflin Quayle t1on 1117 this title, be punished not provided by sec- S. 1429 Is a good bill because It en- Burdick Heinz Riegle lion , notwithstanding that hances the reach of the American Byrd Heuer Rockefeller the offense se occurred outside the United criminal justice system in its attempts Chafee Hollings Roth States. Chiles Humphrey Rudman "(b) Whoever outside the United States. to bring these barbaric criminals to Cochran Johnston 8a?banea with intent to cause serious bodily harm or justice. Mr. President, I urge support Cohen Hassebaum Sasser significant loss of liberty, assaults. strikes, Of S. 1429. It is a first step toward re- Cranston Kasten bunon wounds, imprisons, or makes any other vio- DAmato Kennedy Simpson storing legal sanity In a world reeling Danforth Kerry Specter 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 Dixon Leahy Symms makes violent attacks upon his business Thurmond' be denied. Dodd Levin premises, private accommodations, or means Dole Long Treble of transport, or attempts to commit any of Mr. SPECTER. Mr. President, I be- Domenicl Lugar wallop the foregoing, shall be fined not more than lieve we are ready to vote. EasleWn Mat my warner $5,000 or imprisoned not more than three East Mattingly Weicker The PRESIDING OFFICER. The Evans McClure Wilson years, or both. Whoever in the commission question is on agreeing to the commit- Ford McConnell Zoriaaky of any such act uses a deadly or dangerous tee amendment in the nature of a sub- Gaza Melcher weapon shall be fined not more than $10,000 stitute. NAYS-0 or imprisoned not More than ten years, or The committee amendment in the NOT VOTING-8 both. '10 Whoever, outside of the nature of a substitute was agreed to. Durenberger Goldwater Mitchell Sta tes, conspires to commit murder, aside- The PRESIDING OFFICER. The Exon Inouye Stennis fined in section 1111(a) of this title, skithin bill is before the Senate and open to Glenn Mathias the United States of any national of the further amendment. If there be no So 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 g 1429 that the offense occurred outside the States. and third reading of the bill. Be it enacted by the Senate and House of U" d) As used in this section, the term 'na- The bill was ordered to be engrossed Representatives of the United States of tional of the United States' has the meaning for a third reading and was read the America in Congress assembled That this given such term in section 101(a)(22) of the third time. Act may be cited as the "Terrorist Prosecu- Immigration and Nationality Act (8 U.S.C. The PRESIDING OFFICER. The tion Act of 1985". 1101(a)(22)). bill having been read the third time, Sac. 2. (a) Part I of title 18, United States "(e) 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.". questio h 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- theroll. AIS ABROAD serting after the item for chapter 113, the Mr. SIMPSON. I announce that the "2331. Findings and purpose, following: Senator from Minnesota [Mr. DUREN- "2332. Terrorist acts against United States "113A. Terrorist acts against United BERGER] and the Senator from Arizona -SEC. 2331. FINDINGS AND PURPOSE. Mr. DOLE. Mr. abroad President, I move 3 to [Mr. GOLDWATER] are necessarily "The Congress hereby finds that- reconsider the vote by which the bill absent. - "(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. MATHIS) is tional terrorism, over 50 per centum. of motion on the table. absent on official business, which were directed against American tar- The motion to lay on the table was I further announce that, if present ge~' (b) It Is agreed to. and voting, the Senator from Minneso- an accepted principle of interna- [ ti DU the Senator would vote bonne law that a country may prosecute Mr. MCCONNELL. Mr. President. I crimes committed outside its boundaries am pleased the Senate voted by such a "yea." 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. GLENN], "(c) terrorist attacks on Americans abroad of my colleague, Senator SPECTER, in the Senator from Maine (Mr. MITCH- threaten a fundamental function of our shepherding this bill through the Ju- ELL], and the Senator from Mississippi Government: that of protecting its citizens: diciary Committee and to the floor. [Mr. STENNIS] are necessarily absent. "1d) such attacks also threaten the ability I further announce that the Senator of the United States to implement and I think it was surprising to many of from Hawaii (Mr. INOUYE] is absent maintain C) terrorist ceattackforeign urtthher interfere our law. there Is difficult to Imagne window because of illness in the family. with Interstate and foreign commerce, the murderers of U.S. citizens travel- Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2 S 1388 CONGRESSIONAL RECORD .- SENATE February 19, 1986 ing abroad should be accorded status lyze the causes of elderly abuse; exam- as 4 out of 5 cases are believed to go different from hijackers and hostage ine and assess methods of educating unreported. takers. and encouraging cooperative efforts Mr. President, the legislation before Murder of any U.S. citizen should be among the general public, health offi- us today offers hope that we can find a crime. The question of apprehension ciaia and appropriate agencies; and ways to turn around these alarming and prosecution should not depend on suggest remedial actions that can be statistics. Under this bill, a 17-member where the crime occurs or whether the undertaken in both the public and pri- task force under the direction of the American enjoys the status of a Gov- vate sectors to eliminate this heinous Secretary of Health and Human Serv- ernment official. Murder is just as crime. Ices will examine the problem of elder- wrong and just as much anguish for Although Congress has addressed ly abuse and submit within 9 months the victim's family whether it occurs and sought to remedy the problems of to the Congress and the President a here. or abroad. child and spouse abuse, very little has written report of its findings and rec- The bill is carefully crafted to been done to ease the plight of those ommendations. The findings of the El- ensure only acts of terrorism are cov- among our senior citizens subject to derly Abuse Task Force can thus serve ered, not back alley fights. It also re- such treatment. This legislation. Mr. as an Important resource in this area. quires the approval of the Attorney President, is a first step in what I Mr. President. the proposed "Task General or his designee to return an firmly believe is the right direction. Force on Elderly Abuse Act" repre- indictment under the act. Clearly, it Abuse of the elderly is a wide ranging, sents a crucial step in our efforts to addresses crimes with national impli- multifaceted problem encompassing address effectively the national trage- cations. crimes which threaten inter- physical, emotional, and economic mis- dy of elderly abuse. I urge my col- national travel and tourism as well as treatment. It is a problem that this ad- leagues to support this vital legisla- trade relations. ministration and this Congress can no tion. While criminal jurisdiction Is usually longer ignore. Implicit in S. 1919 is a Mr. HEINZ. Mr. President. I applaud limited to the site of the crime, it is willingness to Indeed recognize that this Chamber's prompt consideration clearly within constitutional doctrine many of our older friends and neigh- and speedy passage of legislation to to extend it extraterritorially. We bors are victims of abuse. They are vic- create a national task force on elder have extended jurisdiction In a wide tims, Mr. President, of what can only abuse. variety of cases including drug smug- be viewed as another American trage- - Our Nation's senior citizens, like gling. dy. For far too many people, the reali- America's children, represent a valua- Given the grievous nature of the ty of growing old has become a living ble national resource. Their "golden crime of murder. I would suggest' Con- nightmare. I speak of a reality in years" culminate a lifetime invested in gress is both legally obligated and which dignity Is destroyed, hope is this country's peace and prosperity- morally bound to extend the sphere of trampled, dreams are denied, and the as worker, teacher, soldier, parent. our criminal code to protect U.S. citi- human spirit is laid to waste. They are a window on our past and a zens abroad. Leon Klinghoffer's The elderly are a vital and produc- pathway to our future. family should have the confidence of tive part of our society. They are a yet too often this window clouds, U.S. law that his brutal murderers can living and vital link to our past and a the pavement cracks when tmost and will be brought to justice. stepping stone to our future. They venerable-and most vulnerable-indi- e-indi- sustain these enrich us with their experience and viduals fall victim to abuse. ROUTINE MORNING BUSINESS sustain us with their vsponsib a? In the five-county area of my own civilized society w we have e a a reepoilhometown of Pittsburgh, 162 rs Mr. DOLE. Mr. President, I ask ity to protect them and to do other- of elder abuse were made in a reports 12- unanimous consent that there be a wise would be unconscionable. period for the transaction of routine The great English poet John Donne month period ending this past June. morning business, not to extend wrote that "No man is an island entire Although physical maltreatment ac- beyond 5:30 p.m., with Senators per. of itself, every man is a piece of the counts for about 75 percent of report- mitted to speak therein for not more continent, a part of the main." We are ed cases, many abusers of the elderly than 5 minutes each. all a part of the main, Mr. President. employ more subtle, yet equally devas- The PRESIDING OFFICER (Mr. and as a part of mankind we must join tating, means. HATCH). Without objection, it is so or- forces to put an end to the abuse and Take the case of a 74-year-old stroke dered. victimization of our senior citizens. victim left strapped to a wheel chair Mr. President, I am pleased to see this each day, to sit In her own urine and legislation move forward. and I thank feces. Or the 85-year-old woman whose TASK FORCE ON ELDER ABUSE my colleagues for their support. With. daughter takes her Social Security ACT OF 1985 out their help and cooperation, the checks and spends them for shopping Mr. DOLE. Mr. President, I ask road traveled thus far would surely sprees and drugs. Or the "devoted" unanimous consent that the Govern- have been much more difficult. son who refuses to allow his elderly mental Affairs Committee be dis- Mr. CRANSTON. Mr. President, I mother to eat. charged from further consideration of rise today to voice my support for S. If a nation Is judged in part by how S. 1919, the Task Force on the Elder 1919. the proposed "Task Force on El- it treats its aged citizens, then we must Abuse Act. derly Abuse Act of 1985", introduced don a hair shirt of shame. Shame that The PRESIDING OFFICER. The by my colleague from North Dakota. 1 million elderly Americans may be bill will be stated by title. Senator Axnazws, In an effort to ad- victims of abuse each year, with that The legislative clerk read as follows: dress the tragic and growing national number increasing by 100,000 in just 4 A bill (S. 1919) to establish a task force to problem of elderly abuse. I am hon- years. Shame that we spend less than examine the issues associated with abuse of ored to count myself among the origi- $3 on protective services for each elder the elderly. nal cosponsors of this legislation. abuse victim-while we spend seven The PRESIDING OFFICER. Is Passage of this legislation will mark times that amount for child abuse vic- there objection to the request of the the commitment of the U.S. Senate to tims. Shame that in a nation where majority leader? seeking a greater understanding of the the 75-plus Is the fastest growing seg- There being no objection, the Senate extent, causes, and-most important. ment of the population, and statisti- proceeded to consider the bill. ly-the prevention of the abuse of el- cally the most at risk of abuse, we Mr. ANDREWS. Mr. President, I rise derly Americans. know so very little about the extent of today to reaffirm my commitment to It is estimated that at least 1.1 mil- the problem. even less about the eliminate the abuse of our Nation's lion-1 in every 25-elderly Americans causes, and nothing at all about solu- senior citizens. Last December, I Intro- are the victims of abuse each year. tions. duced S. 1919, legislation that would The actual incidence of elder abuse, Mr. President. what we do know Is create a task force to define and ana- however, may be many times greater that family caregivers, not personnel Sanitized Copy Approved for Release 2011/03/07: CIA-RDP90BO139OR000801020025-2