[Congressional Record Volume 142, Number 41 (Friday, March 22, 1996)]
[Extensions of Remarks]
[Page E425]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         OPPOSITION TO THE DEATH PENALTY AND ANTITERRORISM ACT

                                 ______


                          HON. JOSE E. SERRANO

                              of new york

                    in the house of representatives

                        Thursday, March 21, 1996

  Mr. SERRANO. Mr. Speaker, I rise in opposition to H.R. 2703, the so-
called, Death Penalty and Anti-Terrorism Act. While I would support 
legislation to thwart domestic terrorism, I am troubled, deeply 
troubled, with the extreme and unconstitutional provisions in this 
legislation. Correct me if I am wrong, Mr. Speaker, but since when have 
we as a nation addressed an issue like terrorism--something that we can 
all agree on--by trampling the rights of the very people that we aim to 
protect? This is the United States of America, and as lawmakers we are 
sworn to implement legislation benefiting society within the parameters 
of the Constitution. Unfortunately, I do not see that happening today. 
I believe Congress can come up with a more palatable antiterrorism bill 
that will be tough on our enemies domestic and foreign, but fair to the 
innocent.
  First, the legislation gives the President power to blacklist 
organizations as terrorist organizations without judicial review. It 
goes further by violating our first amendment right to support any 
legal activity or associate with any organization that we choose. I do 
not say this to encourage those who may support terrorist activities. 
On the contrary, what I am saying is that we have laws on the books 
that forbid supporting illegal terrorist activities, but this 
legislation takes it much further by limiting our constitutional right 
of association.
  Second, the definition of support is too broad. If an organization 
abroad has branches in America, this measure would make it illegal to 
contribute to charitable operations remotely related to these groups.
  Finally, the bill goes even further by allowing the FBI to 
investigate individuals with ties to terrorist organizations without 
proof that they knowingly supported terrorist activities or had any 
reasonable knowledge that an individual or organization could possibly 
be engaged in terrorist activities. Present law prohibits supporting 
terrorist activities. When they enacted the current law, Congress saw 
fit to maintain the first amendment protection of legal activities.
  Numerous other flaws in the bill could impede on citizens' rights: 
the habeas corpus provisions; the good faith exemption from the 
exclusionary rule for wiretapping; as well as the secret evidence 
measures for deportation.
  As I mentioned earlier, Mr. Speaker, I support taking a strong stand 
against terrorists. I think we should punish individuals for illegal 
activities. But, certainly we do not address heinous terrorist acts 
with the kind of heinous constitutional violations found in this bill.

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