[Congressional Record Volume 144, Number 54 (Tuesday, May 5, 1998)]
[House]
[Pages H2756-H2758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                REGARDING AMERICAN VICTIMS OF TERRORISM

  Mr. GILMAN. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 220) regarding American victims of 
terrorism, as amended.
  The Clerk read as follows:

                            H. Con. Res. 220

       Whereas the traditional policy of the United States, 
     reiterated by this Administration, has been to vigorously 
     pursue and apprehend terrorists who have killed American 
     citizens in other countries;
       Whereas numerous American citizens have been killed by 
     Palestinian terrorists, most of them in Israel or the Israeli 
     administered territories, including 9 since the signing of 
     the Oslo Accords in 1993, namely Nachshon Wachsman (New 
     York), Alisa Flatow (New Jersey), Sara Duker (New Jersey), 
     Matthew Eisenfeld (Connecticut), Joan Davenny (Connecticut), 
     David Boim (New York), Yaron Ungar (New York), Leah Stern 
     (New Jersey), and Yael Botwin (California);
       Whereas at least 20 of the terrorists suspected in the 
     killings of American citizens in Israel or the Israeli 
     administered territories during 1993-1997 have been 
     identified by Israel as Mohammed Dief, Nabil Sharihi, Nafez 
     Sabih, Imjad Hinawi, Abd al-Majid Dudin, Adel Awadallah, 
     Ibrahim Ghneimat, and Mahmoud Abu Hanudeh, Abd al-Rahman 
     Ghanelmat, Jamal al-Hur, Raid Abu Hamadayah, Mohammad Abu 
     Wardah, Hassan Salamah, Abd Rabu Shaykh 'Id, Hamdallah 
     Tzramah, Abd Al-Nasser Atallah Issa, Hataham Ibrahim Ismail, 
     Jihad Mahammad Shaker Yamur, and Mohammad Abbasm;
       Whereas, according to the Israeli Government, 10 of those 
     20 terrorist suspects are currently believed to be free men;
       Whereas the Anti-Terrorism Act of 1987 permits the 
     prosecution, in the United States, of individuals who murder 
     American citizens abroad; and
       Whereas the United States has previously acted to bring to 
     justice those responsible for the deaths of American citizens 
     and has established a precedence of United States 
     intervention by demanding that Libyan leader Moammar Qadaffi 
     transfer to the United States the Libyan terrorists suspected 
     of bombing Pan Am flight 103: Now, therefore, be it
       Resolved by the House of Representatives (the Senate 
     concurring), That it is the sense of the Congress that--
       (1) the United States should demand the prosecution of all 
     suspected perpetrators of these attacks against United States 
     citizens;
       (2) the United States should seek the cooperation of the 
     Palestinian Authority and all other appropriate authorities 
     in the prosecution of these cases; and
       (3) the suspects should be tried in the United States 
     unless it is determined that such action is contrary to 
     effective prosecution.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Gilman) and the gentleman from Indiana (Mr. Hamilton) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York (Mr. Gilman).


                             General Leave

  Mr. GILMAN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on the resolution now being considered.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Mr. Speaker, I want to commend our colleague, the 
gentleman from Pennsylvania (Mr. Fox), for sponsoring H. Con. Res. 220, 
which expresses the sense of the Congress regarding the murder of U.S. 
citizens by Palestinian terrorists.
  As Secretary of State Albright meets with Israeli Prime Minister 
Benjamin Netanyahu and PLO Chairman Yassir Arafat, it is critical that 
security concerns be the basis for any movement in the negotiations. In 
that vein, H. Con. Res. 220 recognizes that the traditional policy of 
our Nation is to vigorously

[[Page H2757]]

pursue and apprehend any terrorists who have killed American citizens 
in other countries.
  Regrettably, even as more Israelis have been killed since the 
beginning of the Oslo process than at any other time during the 
Intifada, at least nine American citizens have been killed by 
Palestinian terrorists since the handshake on the White House lawn in 
September 1993. They are: Nachshon Wachsman, David Boim, and Yaron 
Ungar of New York; Alisa Flatow, Sara Duker and Leah Stern of New 
Jersey; Matthew Eisenfeld and Joan Davenny of Connecticut, and Yael 
Botwin of California.
  At least 20 of the terrorists suspected in these killings have been 
identified by the Government of Israel, although at least 10 are 
believed to be free, despite repeated Israeli transfer requests to the 
Palestinian Authority.
  Mr. Speaker, this clearly undermines the process envisaged by the 
Oslo Accords. Because these families deserve justice, and since the 
Antiterrorism Act permits the prosecution in our Nation of individuals 
who murder American citizens abroad, this resolution expresses the 
sense of Congress that our Nation should demand the prosecution of all 
suspected perpetrators of these attacks; that we should seek the 
cooperation of the Palestinian Authority, and all other appropriate 
authorities in the prosecution of these cases; and unless effective 
prosecution elsewhere expresses the sense of Congress, that the 
suspects should be tried in the United States.
  Recently, a task force comprised of individuals from the Justice 
Department and the FBI were in Israel in the Palestinian areas to 
investigate the death of these American citizens. Cooperation from the 
Palestinian Authority is critical as investigative authorities attempt 
to discover and develop evidence for prosecution.
  I therefore want to commend the gentleman from Pennsylvania (Mr. 
Fox), for his leadership on this issue and for his persistence in 
seeking justice for these American families. I urge my colleagues to 
support this measure unanimously.
  Mr. Speaker, I ask unanimous consent to yield the balance of my time 
to the gentleman from Pennsylvania (Mr. Fox), the original sponsor of 
this measure, and that he may control the time.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of the resolution. I would be glad to have the 
gentleman from Pennsylvania speak first, if he would like to do so.
  Mr. FOX of Pennsylvania. Mr. Speaker, if the gentleman will yield, we 
would be glad to hear from the ranking member of the committee whose 
support we accept and for whom our admiration is endless.
  Mr. HAMILTON. Mr. Speaker, I support H. Con. Res. 220 and I commend 
the gentleman from Pennsylvania (Mr. Fox) for introducing it and 
working very hard to get it approved.
  I also appreciate the gentleman from Pennsylvania and the gentleman 
from New York (Mr. Gilman), the chairman of the committee, for 
accommodating several of our suggestions in committee, I think largely 
to make the resolution more accurate.
  These changes included several changes recommended by the 
administration. They will help ensure that the resolution reflects the 
current set of facts as best they can be determined.
  I certainly agree with the heart of this resolution; namely, that 
suspects in terrorist attacks against innocent civilians should be 
brought to justice. Where those attacks involve U.S. citizens, the 
United States should try to prosecute them in the United States if that 
serves the interests of justice.
  As the headlines in the newspaper suggest almost daily, nothing is 
easy in the Middle East, and everything becomes very complicated. 
Several of the cases addressed in this resolution are complicated. The 
facts are murky. It is unclear in some instances which suspects are in 
the custody of the Palestinian Authority, which suspects are in Israeli 
custody, which suspects are still at large in territories controlled by 
the Palestinian Authority, or controlled jointly by Israel and the 
Palestinian Authority. It is sometimes difficult to know which suspects 
Israel has requested the Palestinian Authority to transfer to Israeli 
jurisdiction, or what Israeli prosecution plans are with regard to 
various cases.
  The Department of State, I am told, cannot vouch for some of the 
specific information in the resolution. The administration may have a 
similar list of names to those included in the resolution, but many of 
these cases are still actively under investigation, and the finalist of 
suspects may look different. We simply do not know. At this point in 
time, the Department of State has not indicated that they have all of 
the names.
  In addition, the United States may not have been given all of the 
evidence against the individuals listed in the resolution that the 
Israeli Government has or other appropriate authorities have. It is 
clear that the United States cannot proceed with prosecution until it 
has all of the relevant evidence.
  Mr. Speaker, in the spirit of this resolution, let me urge parties 
with such evidence to cooperate fully with the United States in sharing 
information in order to bring the suspects to justice. The United 
States is currently reviewing a number of the cases mentioned in the 
resolution. A team from the Departments of Justice and State recently 
returned from a visit to Israel, and this team is now reviewing 
evidence in several of these cases with much of that evidence being 
classified.

                              {time}  1430

  The United States is and should be doing everything it appropriately 
can to pursue information and justice in these terrorism cases. In some 
cases, that may mean that it is best for Israel to try and to sentence 
the suspects.
  For example, in one case described by the administration, over a 
dozen Israelis and one U.S.-Israeli dual national were victims of the 
attack. Clearly, Israeli authorities would be in a better position than 
the United States to impose the appropriately severe penalties in such 
a case. Our goal of swift and appropriate justice might be best served 
then with a prosecution in Israel.
  It may not always be in the best interest of justice for the United 
States to insist on prosecution. I am pleased to see that the 
resolution makes this distinction. There is no question, though, that 
suspects in these terrorist incidents, as well as all other incidents 
leading to the loss of life, should be tried and should be sentenced if 
convicted.
  Mr. Speaker, I commend the gentleman from Pennsylvania (Mr. Fox) and 
the other sponsors of the resolution for bringing it forward. I urge 
the adoption of the resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FOX of Pennsylvania. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, this resolution has moved quickly from its inception in 
the Committee on International Relations to the floor today under the 
chairmanship of the gentleman from New York (Mr. Gilman), our colleague 
and friend, a testament to the strength and determination of the 
American people and their representatives to right the wrongs against 
our countrymen and women.
  Mr. Speaker, I also thank the gentleman from Indiana (Mr. Hamilton), 
the ranking member, for his assistance in this regard.
  H. Con. Res. 220 is a resolution that addresses some specific 
concerns that I and many of my colleagues have about current U.S. 
policy regarding terrorism involving American victims, specifically 
regarding American citizens who have been killed in recent months and 
years in terrorist attacks in Israel.
  Since the beginning of the Oslo Accords in 1993, at least nine 
American citizens in Israel, and now I understand 11, have been killed 
by Palestinian terrorists. These are not random or unknown people. 
These people are our children and citizens.
  They include Nachshon Wachsman, Alisa Flatow, Sara Duker, Matthew 
Eisenfeld, Joan Davenny, David Boim, Yaron Ungar, Leah Stern, and Yael 
Botwin. Recently, unfortunately, we have had to add two additional 
names to that list: Ira Weinstein and Dove Dribben.
  To add insult to injury, Mr. Speaker, the United States Government in 
conjunction with the government of Israel

[[Page H2758]]

knows the location of 10 of the 20 terrorists suspected in the murders 
of these United States citizens. The Palestinian Authority has not 
honored Israel's formal requests for the transfer of many of these 
suspects. Their lack of compliance tremendously undermines the process 
envisaged by the Oslo Accords. Annex 4, Article 2, paragraph 7(f)(1). 
The United States must now invoke the Anti-Terrorism Act of 1987, which 
permits the transfer of individuals accused of murdering Americans 
abroad.
  The time has come for the United States to stand up and fight for the 
families of victims killed overseas. No longer can we simply assume 
that American citizens abroad are safe. When unfortunately they are 
endangered or in this case killed, this Nation must utilize its laws 
properly to ensure that justice is carried out.
  Mr. Speaker, I thank my colleagues for their attention and look 
forward to their support on the resolution.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROTHMAN. Mr. Speaker, today America has the opportunity to 
deliver a powerful and poignant message to terrorists: If you murder 
innocent Americans and tear innocent families apart, the United States 
of America will demand justice.
  Mr. Speaker, as we debate this bill on the Floor of the U.S. House of 
Representatives, Israeli and PLO leaders are in Great Britain being 
pressured to come together for a lasting peace.
  But since the PLO signed the Oslo Accords, ten Americans have been 
killed by Arab terrorists--one of them was a constituent of mine. Her 
name is Sara Duker. And the Palestinian leadership headed by Yassir 
Arafat has done nothing to bring her terrorist murderers to justice.
  When my good friend John Fox and I announced that we were going to 
fight for her killer's transfer to the United States, Sara's mother 
Arline came down to Washington to join us for the announcement. All 
Arline wants to see is justice. Her daughter was taken away from her. 
She should expect no less from us.
  Since giving his word at Oslo, Yassir Arafat has made a total mockery 
of his written commitment to transfer to Israel for prosecution any 
terrorist who has killed innocent people. In fact, not one of the 
accused terrorists that Israeli authorities have identified and 
requested has been turned over to Israel for justice.
  Justice cannot wait any longer. We must seek the terrorists' transfer 
to the United States before the trail of evidence dries up. To do any 
less would represent a serious failure of the United States government 
to safeguard the sanctity of our citizenry.
  We cannot let the murder of American citizens anywhere in the world 
go unanswered. We must have our message heard loud and clear: 
Terrorists will never win.
  Mr. SALMON. Mr. Speaker, this important resolution expresses the 
sense of the Congress that the United States should demand that 
Palestinian Authority (PA) Chairman Yasser Arafat transfer the United 
Stats for prosecution the terrorists who have murdered American 
citizens. The refusal by the PA to assist American in the fight against 
terrorism, calls into question its commitment to peace.
  At least 10 U.S. citizens have been killed in Israel by Palestinian 
terrorists since the Oslo Accords were signed in 1993. About 20 
Palestinians have been implicated in the attacks. Not a single 
terrorist implicated in the attacks has been transferred to Israel to 
stand trial as the Oslo Accords require. And in spite of sufficient 
evidence to do so, the U.S. Department of Justice has not indicted any 
of the terrorist involved in the spilling of American blood. The 
majority of the terrorists are believed to be living freely in 
territories controlled by Chairman Arafat. In a twist of irony, one 
terrorist, according to reports, is employed as a jailer at a 
Palestinian detention facility.
  The Resolution continues the bi-partisan congressional effort to 
secure justice for the murdered Americans. I would briefly note some of 
the other attempts to prod the Administration to do its job and 
pressure Chairman Arafat to transfer the Palestinian murders.
  On January 20, I drafted a letter with Representative Jim Saxton, 
signed by 29 other Members of the House and four Senators, which called 
on Secretary of State Albright to direct U.S. efforts to obtain the 
transfer of those who have murdered American citizens.
  The State Department's response of February 25 was woefully 
inadequate. The State Department responded that it would be permissible 
for the PA to prosecute the murderers of Americans. For the State 
Department to refer these cases back to the PA is a sad joke. The PA 
criminal justice system is a circuit of kangaroo courts. Everybody 
knows it's a revolving door of justice. The Secretary of State has in 
the past admitted as much. Representative Saxton and I followed-up the 
State Department's non-response with a March 25 letter to Secretary 
Albright. In the letter, we demanded action, noting that: ``That 
failure of the United States to do everything in its power to prosecute 
Palestinian killers of Americans puts other Americans at risk, and is 
contrary to longstanding U.S. policy to pursue territories most 
aggressively. The time has come for results.'' We also questioned why 
the U.S. continues to provide aid for the Palestinian Authority, and is 
not willing to impose economic sanctions against the PA, as it does in 
the case of Libya for its refusal to transfer the terrorists suspected 
of bombing Pan Am flight 103.

  The State Department's letter was useful, however, in pointing out 
the role the U.S. Department of Justice and the FBI play in capturing 
terrorists. U.S. law makes it a capital offense to kill a national of 
the United States anywhere in the world. On April 28, Representative 
Jim Saxton and I sent a letter to Attorney General Janet Reno that has 
been signed by a group of over 60 Members of the House, including 
Speaker Newt Gingrich (Senator Alfonse D'Amato also signed the letter), 
which states that: ``The DOJ should pursue these killers of American 
citizens abroad with the same vigor it has pursued the murderers of 
Americans killed in terrorism attacks here in the U.S. Americans 
traveling or living abroad have often been desirable targets for 
terrorist attacks. If we are to deter such attacks in the future, it is 
essential that our law enforcement agencies pursue these cases 
aggressively and to the fullest extent of the law. It is our view that 
the DOJ must investigate, indict and prosecute these individuals 
without further delay.''
  I will conclude my remarks with an excerpt from a letter that Israeli 
Prime Minister Benjamin Netanyahu sent to me in February on the 
importance of punishing terrorists. ``That murderers are allowed to go 
free and live without fear of prosecution in areas ruled by the 
Palestinian Authority is particularly worrisome. This is not just a 
travesty of justice but a very strong message to potential 
terrorists.''
  The blood of the victims cries from the dust for justice. Killers of 
Americans must be brought to justice. I commend Representative Fox for 
his sponsorship of the Resolution, and Chairman Gilman's leadership in 
speedily bringing it to the floor.
  Mr. HAMILTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. FOX of Pennsylvania. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Nethercutt). The question on the motion 
offered by the gentleman from New York (Mr. Gilman) that the House 
suspend the rules and agree to the concurrent resolution, H. Con. Res. 
220, as amended.
  The question was taken.
  Mr. FOX of Pennsylvania. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule 1, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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