FORMAL RESPONSE TO RIBICOFF REQUEST FOR EXECUTIVE BRANCH COMMENTS ON S.2236

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000800050002-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 13
• Document Creation Date: December 15, 2016
• Document Release Date: August 11, 2004
• Sequence Number: 2
• Publication Date: February 15, 1978
• Content Type: MEMO

proved .For ReleasR'Mt6>`!TCfAFF~h-P'$IlIQI00980R000800050002-7
e v c ,c t
February 1-5, 1.97
8
To: Members of the Executive Committee
Subject:. Formal Response to Ribicoff Request for
Executive Branch Comments on 5.2236
The Administration's,open hearing testimony on 5..223.6
will be completed on February 22. The Governmental Affairs
Committee also intends to hear Secretaries Vance and Adams
in closed session sometime in March. Although the Executive
Committee comments on S.2236 have been conveyed informally
to the Ribicoff' Committee staffers and will serve as a
working paper in the mark-up, I think it important to let
the Committee have our comments for the record, and the-
attached draft has been-prepared with that in mind..
In 'addition, this draft can serve as our formal rep' y
to the outstanding requests for written comments on S.2236
from the Senate Foreign Relations Committee, as well as
from the House Committee on Public Works and Transportation
concerning H.R. 9775, H.R. 10086 and H.R. 10139, all of
which closely parallel S.2236.
Once Executive committee agreement on th`'
orana clearance-process and transmittal to the three
Committees in question.
s new
..document is reached, the draft will be sent to OMB for the
.f 1
I would appreciate your written comments/clea
rance as
soon as possible, with a view to scheduling an Executive
Committee meeting early next week.
Attachment
4 dec . a ,.
--v 011k_
jl~ gr 7-ff Azd 1br
Approved For-Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
From: Ambassador Heyward Isham, Chairman
 DEPARTMENT OF STATE
roved For Release 20041A$'J1J ,b?C .RQJ 1 M00980R000800050002-7
Dear Mr. Chairman:
Your Committee has asked for the views of the
Executive Branch concerning S.2236. The purpose of
that bill is to "effect certain reorganization of
.the..Federal government-to strengthen Federal program
and policies for combating international and domestic
terrorism."
The Executive Branch fully endorses and shares
the objective of this proposed legislation, which -
is to counter the serious'threat that terrorist actions
pose to human life. On reviewing the text of 5.2236,
we are convinced that a strong consensus exists between
the Executive Branch and the Congress that-our efforts
to combat international terrorism should be strength
erred and made more effective both at home and abroad._
We have carefully studied your bill. It contains
many valuable elements that we fully support. However,
some provisions of the bill appear unnecessary in
light o? existing legislation and actions already taken
within the Executive Branch. Other provisions might
might not be as effective. as alternatives to serve the
same purpose.
These comments are the product of careful consider-
ation of the provisions included in the bill. Many
of our concerns are technical and can be met by revised
wording. The comments which follow are organized
. ,by 'title- and section.
The Honorable
Abraham A. Ribicoff,
Chairman, Committee on
Government Operations,
United States Senate,
Washington, D.C.
Approved For"Release 2004/08/19 : CIA-RDP81M0098OR000800050002-7
 Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
-2-
INTRODUCTORY SECTIONS
While other portions of the introductory sections
of the bill might require modification in order
to reflect the final version of the operative sections,
Section 5, which defines "terrorism" and "inter-
national terrorism", could be improved by new wording.
In particular, we strongly suggest that the term
"international terrorism" be defined as precisely
as possible. The revision we suggest would strengthen
the bill by using the definitions found in multi--
_
%.. lateral- . conventions. or. developed' for--.the Draft -
Convention for the Prevention and Punishment of
Certain Acts of International Terrorism that the US
.proposed to the UN in 1972. It should assist our
diplomacy to use internationally recognized defini-
tions. Therefore, we suggest the.following redraft of
Section 5:
Section 5. For the purposes of this Act w
.(a) "terrorism" includes but is not limited
to the calculated use of violence or the threat of violence to obtain.
politccal goals through intimidation or
coercion. It usually involves a criminal
act, often symbolic in nature, which is
intended to gain widespread publicity
and influence an audience beyond the-
immediate victims; and
(b) "international terrorism" includes any
act designated as an offense or crime
under;
(1) the Convention for the Suppression
of Unlawful Seizure of Aircraft (done
at the Hague, December 16, 1970);
(2) the Convention for the Suppression
of Unlawful Acts Against'the Safety of
Civil Aviation (done at Montreal,.
September 23, 1971); and. -
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
 Approved For Release 2004108/19 : CIA-RDP81 M00980R000800050002-7
-3-
(3) the Convention on the Prevention
and Punishment of Crimes Against Inter-
nationally Protected Persons, including
Diplomatic Agents (adopted by the
General Assembly of the United Nations,
December 14, 1972); or
(4) any other act which results it
the death, bodily. harm, or forcible
deprivation of liberty to persons, or
in the violent destruction of property,
or an attempt or credible threat
to commit any such act,-if thei 'act is
committed or takes effect;
(a) outside the territory of a
State of which the alleged offender
is a national; and
(b) outside the territory of the
State against which.the act is
directed; or
(c) within the territory of the
State against which the act is
directed and the alleged offender
knows or has reason to know that a
person against whom the act is
directed is not a national of that
State; or .
(d) within the territory of a State
when the act is directed, financed,
or otherwise supported by the
provision of -arms; ammunition-,
weaponry or training by a foreign
State or foreign national or
group of foreign nationals, irre---
speetive of the nationality of the
alleged offender;
Provided that the act is
(1) intended to damage the interests of or
obtain concessions from a State or an
international organization; and
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
 Approved For Release 2004/08/19 : CIA-RDP81 M00980R'000800050002-7
-4-
(2) committed neither by nor against a
member of the armed forces of a State
in the course of military hostilities.
TITLE I -- CONCERNING ORGANIZATION
The Administration has taken action to address
the concerns reflected in Sections 101, 102, 103 and
107 of Title I. Shortly after assuming office, the
President reorganized the National Security Council.
Among the actions taken was the establishment of the
? Special Coordination Committee (SCC) td handle,' among
.other matters, crisis management. The Assistant to-
the President for.National Security Affairs chairs
this Committee; its members are the statutory
members of the NSC and other senior officials as
necessary.
in a crisis situation, the SCC can convene
immediately to ensure that necessary decisions will
be made at the highest levels of the government.
The Special. Coordination Committee supervises a
senior-level interagency group to coordinate the
agencies dealing with terrorism. The interagency-
group has an executive committee consisting of
representatives from the Departments of State,
Defense, Justice, Treasury, Transportation, Energy,
the CIA, and the NSC staff. It is chaired by the
representative of the State Department; the Deputy
Chairman is the representative of the Department
of Justice. It has met frequently since it was
established in September 19
The State Department has developed effective
procedures to assist in this task. Its-operations
center is fully staffed on a twenty-four hour basis
to handle crisis situations..It maintains communi-
cations with all parts of the government, has direct
access to top officials, and is.able to communicate.
rapidly with all Embassies and Consulates overseas.
This arrangement has performed well in the past.
c..g0.64
have madenin the organi-
zation and management of foreign intelligen
act.ivities ;s a now .-.`,..gram klaik strengtheny our
counter-terrorist capabilities.
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
 Approved For Release 2004/08/19 CIA-RDP81 M00980R000800050002-7
-5- .
In reviewing the purposes of Title I, we have c.o,cALe"
that the organizational arrange-
ments that we have in place will accomplish the
purposes of this title. We! heipe/4ny legislation
be consistent with these arrangements.
incidents.
should be issued quarterly and in a'forni that can. be.
made public in order that all concerned Americans can
have authoritative and current data on terrorism
on acts of international terrorism that affect
'American citizens'or.interests. These reports
TITLE I -- CONCERNING TERRORIST ENTERPRISES
Concerning the report on. terrorist enterprises
called for in Section 104, we believe. that legisla-
tion should call for regular reports to the Congress
Therefore, we_suggest the following for this
of Criminal Procedure. In addition, properly .
classified information would continue to require
protection. The changes we suggest to Section
104(b) (2) and (3) are designed to create a more
precise standard to determine which countries and
activities would require'mention in these reports.
which would violate rule (6) of the Federal Rules
.investigations or prosecutions, the disclosure oL -
We find that there is need'for a slight modi-
fication of the wording, to ensur-e that we will
be able to prepare authoritative reports and still
fulfill our obligation to protect certain informa-
tion.. For example, this provision must take
care to protect 'information relating to criminal
section:
Section 104
1WAQW1 U<
date on which each calendar a darter of
each year ends, the Izrce shall
transmit to 'the Speaker of the House-
of Representatives and to the Committee
on Foreign Relations of the.Sen.te
a report regarding acts of inter-
national terrorism which affect or
involve citizens of the United States.
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
11
 Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
(b)
-5-
Such.reports.shall include, but not be
limited to, the following information ----
(1) (no change)
(2) The identity of any foreign
government which may have been
found to have willfully and know-
ingly provided financial support,
training, and/or arms, equipment
and supplies to perpetrators or
groups responsible for such acts;
or -which grants sanctuary front
prosecution-to perpetrators of such
acts;
(3) A summary of each incident
required to be reported in para-
graphs (1) and (2) ; presented in
--such a manner as it will not give
unwarranted publicity to the
terrorists or their.objectives;
(4) (no change)
(5) (no change)
Nothing in this section
require the public disclosure- of
information which .is properly classified
under criteria established by Executive
Order or is otherwise-protected by law.
Such information may be provided to the
Senate and House Intelligence Committee:
in a classified' form,, ems,
app Y ep&&atw.
TITLE I - CONCERNING GOVERNMENTS SUPPORTING TERRORIST
We support the concept adva
ed
nc
in Section 105
that there be a public list of countries that aid or
abet terrorist activities. The criteria for inclu
sion on this list should reflect our proposed-modifi-
cations for Section 104. The primary responsibility
for maintaining this list should rest with, the
Executive Branch, consistent with its responsi-
bilities for the conduct of foreign affairs. The
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
 Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
The Executive Branch realizes that sanctions
can be important in persuading. other countries to
desist from support of terrorist activities. But we
also believe that sanctions are ineffect
. reporting provisions of the bill should ensure that
.there is full consultation between the Executive
Branch and the Congress on the maintenance of the
list. Me realize, however, that our differences. over
this provision must be addressed together with our
.comments on Section 106.
Ive or
O,I1 ounterproductive/,% , if'not applied with di
scretion;
COA ~, therefore, we oppose the mandatory requirement of
511 /nAr t.l. Sect' n .106 (a) Likewise,. the Administration wwst
ouse
Congress or the
Con teas
ds 3 generally to put countries on a-list or
t1 prevent their removal from it
especi
1l
i
y
a
y
f the list
triggers automatic sanctions (See, 205 (e) and (g)).
third P ace a burden on_
party governments not responsible for terrorist
activities. Like others of the sanctions proposed in
this Section, such action would placea heavyburder,
on international commerce that innocent third parties
rather than the offending government would have to
carry.
W ardshlps on aliens,?including third
country nationals. To.be effective, such a provision
should be primarily directed against nationals of the
country on the Section 105 list. Also waiver provision
should be available to protect our interests in
international. travel and international commerce and
to fulfill our obligations under the UN Headquarters
Agreement and the Vienna Agreement on Diplomatic
Relations.
Subsections 5 and 6 could
u
tonal infringe
ments on the.right-of eitizens.to travel and the
imposition f h
Section 106 (a) (4), as presently drafted,
raises the possibility of unconstit
t'
.if these provisions were re--drafted~d be improved
Subsections 106 (a) (2) and (3) parallel pro-
visions in Section 1114 (a) of the.Anti--Hijacking Act
of 1974. The use of different terms in S. 2236 could
create a conflict between parallel provisions,
making use of either statute subject to challenge in
the courts. Therefore S 2236
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
 Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
Subsection 9 raises issues dealt with in the
Nuclear N
on-Proliferation Act of 197$,. which has
pasta he Reuss ~..y a-wertm - ,-4 i 8
a.
? TITLE I CONCERNING AIRPORT SECURITY
W _W ~,...,.i as +aay -.ac4{..iVii ..6U /, we support the objective
of "N1 ;L-_$%;
l
ing a
ist of airports that are deficient
in their security measures. Time should be allowed
for vol
t
un
ary implementation of adequate security
measures
ri
t
li
p
or
o
sting an airport. The, wording of
this section should be revised to reflect problems we
would encounter in implementation..- One. basic Jiff i-_
culty i
th
t we
s
a
do not have guaranteed access to
.inspect most airports around - the world
Th
h
.
e
ost
governments must agree to full inspections. However,
it should be possible to publish a list that would
d
i
escr
be the condition in airports to which we have
had access, indicate those airports to which we have
not had access, and give our best assessment of what
conditions in those airports are..-----.-
Concerning Section 108, we must 'repeat our
doubts on the effectiveness of mandatory sanctions.
Under the Anti-Hijacking Act of 1974 the Secretary of
Transportation, with the approval of the Secretary of
State, already has the power to withh
ld
o
, revoke, or
.impose conditions on the operating.authority of any
airline of a nation that fails to administer security
measures at least equal to those established as
minimum standard under the Convention on International
Ci
il A
i
v
v
ation. , The list of unsafe airports would by
itself largely accomplish the objectives f
i
o sect
on
108 by giving adequate notice. to American travelers
of
xi
e
sting danger. We would retain the authority of
the-147A ct
t
i
-
o
mpose sanctions which are consistent
with the procedures established under applicable
bilateral air transportation agreements should the
host government not respond to a_request to upgrade
security standards.
TITLE II -
Concerning Title II, the Administration believes
that the objectives of Section 201 and 202 are
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
 Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
accomplished both by the organizational changes described
.above and by the existing Office for Combatting Terr_oric'n
in the Department of State, headed by a Director with
administrative rank equal to assistant secretary.
Therefore, the Administration its that these
sections might be deleted. cad
With regard to Section 203, the Administration
supports this section with the exception of subsection
b(4). The subject of this subsection has recently been
dealt with by the of the Non-
Proliferation Act of 197 1. A 's The Administration supports Section 204. In
fact, on November 11, 1977, the Attorney General
submitted-a parallel legislative proposal to the
Speaker of'the House-of Representatives and the Senate.
we strongly support enactment of that proposal and have
no objection to this section.
As presently drafted, Sections 205 and 206 might
cast in doubt . the. effectiveness of other statutes that
'
have successfully controlled the.dangers to which these.
two sections are addressed. The substantive and
procedural controls used to implement the Arms Export.
Control Act have ensured that defense articles sold. on
a government-to-government basis and exported from the
United States have not fallen into terrorist hands.
Purchasers are obligated not'to transfer ownership or
possession of these articles except to their own
.agents-; ` resales may be made only 'to eligible foreign
'governments or international organizations and only
with the explicit. approval of the United States.
It should also be noted. that, as there are more than 20
thousand commercial license applications each year,
specific Prsidential review would seem unresonable
'With. regar b Section 206, the Executive Branch t -gera sQ%iQVd
that the current practice under which exporters must
inquire whether the substance in question is subject to
licensing has avoided the problem of allowing explosive.:
inadvertently to escape control through failure
.to'list them specifically on the munitions list. The
present arrangement is more effective than this provision
probably would be in achieving the same objectives.
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
 Approved For Release 2004/08/19 : CIA-RDP81 M00980R600800050002-7
TITLE III
cfe~
-the Department of Justice se~~r bae aner~~C
_ ; ~ar?f-rte f~rrnr ~t ci eR~~ -the Deputy Attorney
-General has the authority to coordinate the activities
of the Federal Bureau of Investigation, United States
Attorneys, the Criminal Division, the US Marshall
Service and the Law Enforcement Assistance Admini-
stration^ We believe that a new special office, as
provided for in Sections. 201- and 302,, would not be
-as effective in achieving coordination and control as
the present arrangements that exist within the
command. structure of the Department.
With regard to the concern addressed in Section
303,. there has only been one successful hijacking of
a US air carrier since November 1972. Present
security arrangements have proved their effectiveness
over these 5 years. Under existing legislation, the
Federal Aviation Administration has authority to
extend security requirements to supplemental air
carriers and other forms of air transportation.
The Administrator is reevluating the need to extend-
security requirements, a`=he Executive Branch doer}
not now feel that this section is necessary.
Section 304 would require that all imported
and domestically .,manufactured explosives be tagged to
permit identification' of the source and time of
manufacture,-as well as. the detection of concealed
explosives. The Treasury Department has already
submitted to the.Congress legislation that.would give
the Secretary of the Treasury the authority to impose
requirements for detection and identification taggants..
Identification taggants are in a final field test,'
and progress is being made in the development ;
of detection taggants. The Administration +w-q-e-&~ t
the proposal it has-already-'submitted to the Congress
would be the most effective way to achieve the
objective of this Sectionsi - Tr.,,~~yw,w~~t a~orrse
(a..,) 0 v i t(a,8, '~' ,Q~a.yi ?:~.i ',. - a1.C.(c+~ef+da + 1 -A
q
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7
 -Approved For Release 2004/08/19: CIA-RDP81 M00980R000800050002-7
TITLE IV
The Administration strongly supports Title IV.
The Executive Branch appreciates
over the terrorist threat. It is a coyour ncern oweeshare,
as the. steps we have already taken indicate. We
appreciated the opportunity to provide public testi-
mony in your recent hearings and the informal consul-
tations that have taken place between the two Branches
Working-together, we can ensure that new legisltion
effectively serves our common purposes. You s76-5 -1d
be assured. of cooperation to that end.
Sincerely yours,
Douglas Bennet, Jr.
Assistant Secretary for
Congressional Relations
Approved For-Release 2004/08/19 : CIA-RDP81 M0098OR000800050002-7
 Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-T ' :
U,, - t
STAT
TRA,ISMITTAL SLIP DATE28 February 78
of . e gi l a.. ze_ .CODUSe3
STAT
STAT
ROOM NO. BUILDING
7D35 HQS
REMARKS:
The Executive Committee of the
NSC/SCC Interagency Committee
on Terrorism met on Tuesday,
28 Feb. 78. Attached is an
edited copy of the results.
You will note that they accepted
both of your suggestions. My
guess is that there will still
be some fiddling with language,
but probably nothing critical.
Incidentally, Amb. Isham said
that he expects to. receive'a new
draft on S.2236 from the Senate
Committee o/a 7 or 8 March.
THANKS MUCH FOR YOUR SUPPORT:
FROM. II--Keep you 1n orms
PCS ITC
ROOM NO. BUILDING EXTENSION
GB0704 H QS
FORM NO . REPLACES FORM 38-8 47)
I FEB 55 241 WHICH MAY BE USED.
Approved For Release 2004/08/19 : CIA-RDP81 M00980R000800050002-7