S. 1429, "TERRORIST PROSECUTION ACT," AS PASSED BY THE SENATE ON FEBRUARY 19, 1986

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• Document Creation Date: December 27, 2016
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• Publication Date: March 3, 1986
• Content Type: MEMO

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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
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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:
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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
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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
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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
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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
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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
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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-
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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
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