ANTI-TERRORISM LEGISLATION - S. 1429 AND S. 1383

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP87B00858R000600940014-2
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: December 22, 2016
• Document Release Date: October 14, 2010
• Sequence Number: 14
• Publication Date: July 24, 1985
• Content Type: MEMO

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STAT
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OLL 85-2110
23 July 1985
MEMORANDUM FOR: General Counsel
,'ounsel to the DO
DC/ICAD/OGC
fPCS/DDO
EO/CPNLDDO
NIO/CT
A/NIO/CT
Legislation Division
STAT
Office of Legislative Liaison
SUBJECT: Anti-Terrorism Legislation - S. 1429 and
S. 1383
1. Attached for your information and comment, please find
a copy of two pieces of anti-terrorism legislation: S. 1429
and S. 1383 (with accompanying introductory statements). Both
bills were introduced by Senator Spector and are scheduled for
hearing on Tuesday, 30 July 1985, before the Subcommittee on
Security and Terrorism (chaired by Senator Denton) of the
Senate Judiciary Committee.
2. S. 1429 would make criminal a terrorist attack against
a United States citizen abroad. It would vest jurisdiction
over such offenses in the courts of the United States if the
offender was within the court's jurisdiction, regardless of
where the offense was commited, the nationality of the victim
or how that offender was brought within the court's
jurisdiction.
3. The bill further provides that the Attorney General, in
"enforcing" (as opposed to "prosecuting" the crime) the
provisions of the bill, may request and shall receive
assistance from any state or federal agency, "any statute, rule
or regulation to the contrary notwithstanding". A prior
version of the bill, S. 1373, included the Agency in the list
of agencies specifically mandated to assist the Attorney
General.
4. S. 1383 would make it unlawful for a foreign diplomat
or consular officer to use a firearm to commit an act which
otherwise would constitute a state or federal felony.
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5. Scheduled to testify at the hearing on the 30th are:
Dr. Ray Cline; two of the hostages from the recent Beirut
hijacking of the TWA airliner; and Robert Oakley, Director,
Office for Counterterrorism and Emergency Planning, Department
of State.
6. We have advised the Office of Management and Budget
(OMB) that the Agency would like an opportunity to comment on
the testimony of Director Oakley in the OMB coordination
process. As soon as we receive that testimony, it will be sent
to you for review and comment. In the meantime, we would
appreciate receiving your comments on S. 1429 and S. 1383 by
Friday, 26 July.
Attachment
as stated
STAT
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99TH CONGRESS
1ST SESSION
S. 1383
To protect the internal security of the United States against international terror-
ism by making the use of a firearm to commit a felony by foreign diplomats
in the United States a Federal felony.
IN THE SENATE OF THE UNITED STATES
JUNE 27 (legislative day, JUNE 26), 1985
Mr. SPECTER introduced the following bill; which was read twice and referred to
the Committee on the Judiciary
A BILL
To protect the internal security of the United States against
international terrorism by making the use of a firearm to
commit a felony by foreign diplomats in the United States a
Federal felony.
1 Be it enacted by the Senate and House of Representa-
2 Lives of the United States of America in Congress assembled,
3 That (a) chapter 44 of title 18, United States Code, is
4 amended by adding at the end thereof the following:
5 "? 930. Foreign diplomats
6 "(a) It shall be unlawful for-
7 "(1)(A) any member of a foreign diplomatic mis-
8 sion in the United States entitled to immunity from the
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2
1 criminal jurisdiction of the United States under the
2 provisions of the Vienna Convention on Diplomatic Re-
3 lations, done on April 18, 1961; or
4 "(B) any member of a foreign consular post in the
5 United States entitled to immunity from the criminal
6 jurisdiction of the United States under the provisions of
7 the Vienna Convention on Consular Relations, done on
8 April 24, 1963,
9 to use a firearm to commit any act constituting a felony
10 under the criminal laws of the United States or any State.
11 "(b) Whoever violates this section shall be punishable by
12 a fine of $10,000 or by imprisonment for 10 years, or both.
13 "(c) For purposes of this section-
14 "(1) the term `member of a foreign diplomatic
15 mission' includes any individual described by Article
16 1(b) of the Vienna Convention on Diplomatic Rela-
17 tions, done on April 18, 1961; and
18 "(2) the term `member of a foreign consular post'
19 includes any individual described by Article 1(g) of the
20 Vienna Convention on Consular Relations, done on
21 April 24, 1963.".
22 (b) The analysis for chapter 44 of title 18 United States
23 Code is amended by adding at the end thereof the following:
"930. Foreign diplomats.".
0
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S 4 1,'f?'
Cote ~.'~ r
t,..JNGRESSIONAL RECOI,i) - Si NATI July 11, 1985
arl:u?~F uniformity among the States
os regards their minimum drinking
ayes. If States try to employ sunset
to undermine the intent
of Congress, it will set a dangerous
precedent for the 13 States and the
District of Columbia which have yet to
take action.
Mr. President, It is unfortunate that
the Senate should be put in this situa-
tion. For the most part, the Uniform
Minimum Drinking Age Act has
worked exactly as Congress intended.
The Governors and State legislatures
of States like New Hampshire, Missis-
sippi, Virginia, and Connecticut have
taken firm and courageous action to
raise their minimum drinking age--.
Mr. President, the legislation we pro-
pose today is a direct response to this
situation. Instead of ending the with-
holding of 10 percent of a noncon-
forming State's highway funds in
1988, the bill will make the 10 percent
withholding permanent. This proce-
dure is consistent with enforcement of
the 55-mile-per-hour speed limit. In-
stead of restoring all funds withheld
to a State when It takes action to
comply with the law, the bill would
limit such reimbursement to the first
2 years of withholding as specified in
Public Law 98-363. After fiscal year
1988, if a State has still not taken
action, no further reimbursement
would be in order.
I believe that these amendments to
the Uniform Minimum Drinking Age
Act are necessary to avoid the circum-
vention of congressional intent. This
bill will have m effect on States which
have Passed minimum laws consistent with thespirit of tace
he
Uniform Minimum Drinking Age Act
of 1984. It will only affect States that
seek to evade the intent of the act by
sunsetting a 21-year-old drinking We
law.
Mr. President, I ask that a text of
the Uniform Minimum Drinking Age
Act amendments appear at this p".
In the Racoitn.
There being no objection, the bill
was ordered to be printed in the
RECORD, as follows:
8. 1428
Be it enacted by Vie Senate and House of
Representatives of Sic Vatted States ELf
Americo u i Congress assembled, That seer
Lion 158 of title 23, United States Code. Tr
amended-
(1) in paragraph (2) of subsection (a) by
striking out "the fiscal year" and inserting
In lieu thereof "each fiscal year"; and
(2) in subsection (b) by striking out "in
fiscal year if in any' and inserting In lieu
thereof "in the fiscal year beginning after
September 30. 1986, or the fiscal year begin-
nine after September 30, 1987, if in the".-
- Mr. DAN-FORTH. Mr. President, I
am pleased to join with my distin-
guished colleague, Senator LevTz*-
sbCac, in introducing this important
legislation to amend the 21 year drink-
ing age legislation enacted last year.
Traffic accidents are a serious na-
tional problem. One of the major com-
ponents of this problem is drunk driv-
ing. Although significant strides have
been made at the Federal, State, aria Tki F',1.1S: PROSLCU'rlQA #Cr
local levels in recent years to combat ? Mr. SPLC TER. Mr. President, today
drink driving. the fa"l remain the' I an-: in?- t;( Terrorist Pros-
rnor( than 20.001> Ar c:1(' ::. are l.id ecu' 1; to expand U.S. law
each year in drunk driving accidents, by mal.i-. 1; a crime for anyone In any
and hundreds of thousands more country tc a= --ult or kill any U.S. na-
people are seriously injured. tional a_ p:.nt of an act of internation-
step toward addressing this problem
by enacting Public Law 98-363. This
legislation encourage States to set
their minimum legal drinking ages at
21: States that do not have a 21 year
drinking age will face withholding of 5
percent of their interstate highway
construction funds in fiscal 1987 and
10 percent of there funds in fiscal
1988. If the States subsequently enact
21 year drinking age legislation, the
funds withheld will be refunded to the
affected States.
The 21 year drinking age is one of
the most effective means of fighting
drunk driving. In order to realize the
maximum benefits from the higher
drinking age, however, it must be on a
nationwide basis. if some States have
lower drinking ages, the "blood
border" problem will result, with teen-
agers traveling to the States with the
lower drinking ages and yubsequently
becoming involved in drunk driving ac-
cidents.
The 1984 legislation, which I was
proud to cosponsor with Senator Lav-
TmaERc and others, is an important
tool in the fight against drunk driving.
I am concerned, however: about poten-
tial attempts by some States to cir-
cumvent the intent of this legislation.
State efforts to enact sunset provi-
sions, where the 21 drinking age is in
effect only for the 2 years during
which highway construction funds are
to be withheld are a clear violation of
the spirit of the 1984 law. The 21 year
drinking age is meant to remain in
effect past fiscal 1988.
The legislation we are introducing
today will successfully combat this
major potential problem. Our bill
would require that States without a 21
year drinking age have 10 percent of
their highway construction funds
withheld In fiscal 1988 and beyond.
Therefore, If a State enacts a sunset
provision reducing the drinking age In
fiscal 1989 or in any future year, that
State would then be subject to the
withholding requirement.
Mr. President, ft is important that
we Quiddy close this loophole in order
to ensure that we are taking the most
effective action possible to combat
drunk driving. I commend my col-
league, Senator LAUTENBERC, for his
continued efforts in support of high-
way safety and I look forward to work-
ing with him as we seek enactment of
this important legislation.'
al terror ?r
This bin s.lpplements legislation I
introduc ._ r this session. S. 1373,
in tha: e: it clear that the as-
sault or murder intended to be covered
is that which is part of an act of inter-
national terrorism, as defined in the
Foreign Intelligence Surveillance Act,
50 U.S.C. 18O 1(c ).
At the het.rt of these and other leg-
isla:itve ir,i::~;i:, I have been been
pushing for approximately a year now,
is the fundamental notion that Inter-
national terrorists are criminals and-
ought to be treated as such-they-
should bt promptly located, appre-
hended. and brought to trial for their
heinous cri*nes.
When President Reagan addressed
the American Bar Association earlier
this week. he made it clear that just
such a policy will be applied, telling
the lau ?ers that "we must act against
the n:crzance of terrorism
with tt:e full weight of the law-both
domcstl- a:,~! international. We will
act to indict, apprehend and prosecute
those who commit the kind of atr?c-
Ities the world has witnessed In recent
weeks."
This is a new emphasis in adminis-
tration policy, and I applaud it.
For many years, about a quarter of a
century, I have been concerned with
fighting criminals, and terrorists are
international criminals. They have to
be dealt with as criminals, and I think
they can be dealt with effectively as
criminals. To catch them, to Incarcer-
ate them, to punish them, and to deter
other criminals, other terrorists, by
the examples of our tough approach
to the terrorists-that is the way our
criminal justice system works, sill It
can work in the international field as
well if we enact the necessary lesteita-
tion.
Last year we enacted the hostage
taking and aircraft sabotage legisla-
tion to provide U.S. courts with eatra-
territorial lurtallCtion over those
international activities, bat there re-
mains a critical gap in Our arsenal
against terrorism: murder of D.S. citi-
zens outside our borders, other than of
specially designated Government offi-
exais and diplomats, Is not a crime
under U.S. law.
I was stunned to realize that those
responsible for murdering over 180
U.S. m irtnes while they slept In their
barracks in Lebanon are not guilty of
any U.S. crime for their murder
Eaist-
.
By Mr. SPECTER: trig law punishes only those who as
S. 1429. A bill to amend title If.. sault our diplomats. Under my bill,
United States Codc, to authorize pros- when a U.S. marine or any other
ecution of terrorists who attack American is killed or wounded, an In-
United States nationals abroad, and vestigation can be inftiated and the
for other purposes; to the Commit'ee culprits can be brought to this country
on the Judiiciary. and prosecuted.
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July 11, 1963 Cu..GRESSIONAL RECORD - SI;NA1
This bill tracts current lav. protect- under the laws of the Unite b-ycott of Licya_ aft(- I
nt diplomats and other "internation- and under international late. Congressman BEr;JAtietrc Gr1a .RN e'
ally protected persons," found a+. 18 This principle has been in effer; fot Neu York
V.S.C. 112 and I i i o. but c, , : almost 100 year. , g' .., i f : F ..,.. , t:. rc ::pmts t' t i
protection to all U.S nationals, while in the landmark case of Kc- versus 11 ate conc?t rim, raised by ti,' Td.:.
re
making it clear that it is aimed at linois, where the State of Illinois jacking. I have introduced a
international terrorism, not bar-room seized a defendant in Peru. a man calling on the President to wort. f, , ..
brawls. being charged with a crime in Illinois. worldc-td( boycott of all intern;.' _ -
This act will in no way- contravene or and brought him back to Illinois for airports that fail to meet adequa.-
conflict with either international or trial. where he was convicted. The case curity standards. I firmly believe t:..
constitutional law While criminal ju- went to the Supremr Court of the the Unr,ed States must take .
risdiction is customarily limited to the United States and the Supreme Court role in ensuring the safety o: pn.
:r;~
place where the crime occurred, it is of the United States said it was appro- gees, not just on flights le-a.
well-established constitutional doc- priate to try that man in Illinois and airports. but on all internattons
trine that Congress has the power to to convict him notwithstanding the nights.
apply U.S. law extraterritorial IV if it means which were used to bring him I am ultimately convinced that lav
so chooses. (See for example. Unit~cd back to trial in that jurisdiction. abiding nations will succeed aca:::
States v. Bcirrnan, 260 U.S 94. 98 That doctrine was upheld irk an opin- thi, threat to late and nro' - a n-
(1922)). ion written by Justice Hugo Black, wide, not by adopting the terre
International law also recognizes well known for his concern about de- tactics that threaten innocen,_ but r.
broad criminal jurisdiction. If an al- fendants' rights, in the case of Frisbie fiercely maintaining that threats : ::
leged crime occurs in a foreign coun- versus Collins. handed down by the order, and bringing the f uli f c-c ? c
try, a nation may still exercise juris- Supreme Court of the United Sates in the law to bear against these m.os' 11
diction over the defendant if the crime 1952 and upheld in later decisions. No noun criminals.
has a potential adverse effect upon its country in the world, no country in President Reagan called or. the AB-=.
security or the operation of its govern- the history of th( development of law, lawyers to help the Goverrr..e:,' 'i:
mental functions. This basis for juris- has more rigcrois concepts of the due deal legally with law less:.,
diction over crimes committed outside process of lain than the United States legislation must be enacted to alioty
the United States has been applied by of America and the U.S. Supreme appropriate authorities to he
the Federal courts in contexts ranging Court. said, "you should help to craft or
Forcible seizure and arrest is a change it."
from drug smuggling to perjury. Clear-
ly. then, the exercise of U.S. criminal strong set t-. the threat of terror- Tnis legislation 1 am
jurisdiction is also justified to pros- ism requires strung measures, and this today is urgently needed to p-C.*. .dt a..-
ecute the terrorist who assaults or is clearly preferable to the alternatives thority to prosecute intern::cr a'. to
murders American nationals abroad as of sending in combat troops or bomb- rorists for the murder of U.S. nation-
a means of affecting U.S. policy. Such 1ng a few neighborhoods. als. It is a simple bill that simply takes
attacks undoubtedly have an adverse I have also reintroduced a resolu- the current law protecting d:plomats
f o ur Gov- Lion, Senate Resolution 190, to provide from assault and murder and extend:
effect
oct upon
foreign conduct dfor international prosecution of terror- it to all U.S. nationals who are v ictims
Bally nt's foLhe fort the affairs, rs, and Gov interest poten- ists expressing the sense of the of international terrorism.
the United States as well. Senate that the President should call It should be promptly enacted.
But making terrorist murder a U.S. for international negotiations aimed at I ask unanimous consent that the
crime alone will not protect Americans determining an international define bill be printed In the RSCORa.
tion of terrorism which could then be There being no objection, the bill
abroad. We must also demonstrate our established as a "universal crime,"' like
seriousness by applying the law with piracy, punishable by any nation that was ordered to be printed in the
fierce determination. captures the terrorists. RECORD, as follows:
In many cases, the terrorist murder- Another necessary step in effective S.1429
er will be extradited or seized with the prosecution of terrorists as interna- Be it enacted by the Senate and House of
cooperation of the government in tional criminals is to deny the fallacy- ls.epresentatiitlea of the United States of
whose jurisdiction he or she is found. of the "terrorist-diplomat." I have in- America in Congress assembled That this
Yet, if the terrorist is hiding in a eoun- troduced legislation. S. 1274 and Act may be cited as the "Terrorist Proseru-
try like Lebanon, where the govern- Senate Resolution 191, aimed at pre- lion Act of 1985".
ment, such as it is, is powerless to aid SEC. 2. ( nd I of title 18. United States
after
VeIILing any recurrence re of the ~O? Code, is amended by inserting chapter
in his mnwval. or in Lybia, where the tesque spectacle we witnessed after 113 the Collowing:
Government is unwilling, we must be the Libyan shoot-out in London of ter- '-CHAPTER 113A-TERRORIST ACTS
willing to apprehend these criminals rorists walking away from prosecution AGAINST UNITED STATES NATION-
ourselves and bring them back for because of diplomatic immunity. by A1S ABROAD
trial. We have the ability to do that making it clear that murder is not, and -'sec.
right now, under existing law. Under can never be, protected diplomatic ac- "2321. Terrorist acts against United States
current constitutional doctrine, both tiv-it v-. nationals abroad.
U.S. citizens and foreign nationals can The terrorist diplomat can exist only sr( =52: TERRORIST ACTS AGAI\FT USfl'Et)
be seized and brought to trial in the as a product of state-eponsored terror- txrATES NATIONALS ABROAD.
United States without violating due ism, and it is to this threat that we "(e) Whoever in an act of international
process of law. See, for example, Fris-- mu: t next turn our focus. Earlier this terrcrism kills or attempt.-- to kill any na-
bi.e v. Collins. 342 U.S. 519. 522 (1952): year, 1 introduced legislation to cut off tiona'' of the United States shall be pun-111. Ser v. Illinois, 119 U.S. 436 (1886). all U.S. trade with Libya became of its and 111 13 provided
of f this tiunder section such
and title. except that at t any su uch
It may surprise some to hear that support of international terrorists. person who is found guilty of murder in the
such methods are an appropriate way This proposal was adopted by the first degree shall be sentenced to Imprison-
to bring criminals to trial If someone Senate as an amendment to the For- ment for life. and any such person who is
is charged or chargeable with ar. of- eign Assistance Act giving the Presi- found guilty cf attempted murder shall be
fense and is at liberty in some foreign dcr:' a::-horny to summarily cut off impris^ned for not snort than twenty years.
country, it is an accepted principle of tram v i h Libya and other countries L Who--'-f: i:. at. ac: of international
law to take that alleged criminal into because of its support of international tenure rr, ass !.:' strikes. wounds, impris-
custody custody if necessary and return him to terrorism. the one pon oralins.bertty y- o of f aarty nny nattack upon
pe ersson oational of the
the jurisdiction which has authority On July 10, 1985. the House passed a United States in any foreign country or in
to try him. That prosecution and con- similar amendment to the House For- international waters or air space. or, if likely
viction is sustainable and is proper eigr. Assistance Act mandating a trade to endanecr h or hE t person or liberty,
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S 94 J2 CONGRESSIONAL RECORD - SENATE
mal-t-- uulrnt attacks upon his or her offi-
cial premttr-:. prhate amommodauon. or
mean of transport. or attempts to comm!!
a.n' Of !, . i' than b, f:n? o i; :1
more- t: tS.O.o or imprisoned no: more
than three- years. or both. Whoever in the
c omrnisaior? of any such act uses a dead] or
dangerous vxeapor. shall be fined not more
than i10.0;(t or imprisoned not more than
ten year or both.
(c) For tt-.c purposes of th+O Section.
"int