[Congressional Record Volume 144, Number 69 (Tuesday, June 2, 1998)]
[Senate]
[Page S5573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S5573]]
    SENATE CONCURRENT RESOLUTION 100--REGARDING AMERICAN VICTIMS OF 
                               TERRORISM

  Mr. LOTT (for Mr. Specter) submitted the following concurrent 
resolution; which was referred to the Committee on Foreign Relations:

                            S. Con. Res. 100

       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-Maid 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 1986 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 precedent 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 the 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.

  Mr. SPECTER. Mr. President, this measure expresses the sense 
of the Congress regarding the murder of U.S. citizens by Palestinian 
terrorists. This resolution addresses specific concerns that I have 
regarding the failure of the Palestinian Authority to apprehend and 
bring to justice perpetrators of terrorist acts involving American 
citizens who have been killed in recent months and years in terrorist 
attacks in Israel. A companion resolution, introduced by Congressman 
Jon Fox, passed the House by a vote of 406-0 on May 5, 1998.
  Since the signing of the Oslo Accords in 1993, at least nine American 
citizens in Israel have been killed by Palestinian terrorists. They are 
our parents, our children, and our citizens. The traditional policy of 
our nation has been to pursue and apprehend any terrorists who have 
killed American citizens abroad. This in no way contravenes or 
conflicts with either international or constitutional law. While 
criminal jurisdiction is customarily limited to the place where the 
crime occurred, it is well established constitutional doctrine that 
Congress has the power to apply U.S. law extra territorially if it so 
chooses. United States versus Bowman, 260 U.S. 94, 98 (1922). It was on 
the basis of this doctrine that I spearheaded efforts to enact the 
Anti-Terrorism Act of 1986, which extended the reach of U.S. criminal 
jurisdiction to acts of violence perpetrated against Americans anywhere 
in the world. But, making murder committed by terrorists a U.S. crime 
will not, on its own, protect Americans abroad. We must also 
demonstrate our seriousness by applying the law regularly and 
consistently.
  At the heart of the Anti-Terrorism Act was the fundamental notion 
that international terrorists are criminals and ought to be treated as 
such--they should be promptly located, apprehended, and brought to 
trial for their heinous crimes. The United States government in 
conjunction with the government of Israel knows the location of 10 of 
the 20 terrorists suspected in the murders of these United States 
citizens. I am aware that from March 6-10, an interagency task force 
comprised of individuals from the Department of State, Justice 
Department, FBI and National Security Commission was in Israel in the 
Palestinian controlled areas to investigate the deaths of these 
Americans. Cooperation from the Palestinian Authority is critical as 
investigative authorities attempt to discover and develop evidence for 
prosecution. However, the Palestinian Authority has failed to cooperate 
and has not honored requests for the transfer of many of these 
suspects.
  The Anti-Terrorism Act of 1986 provides the necessary subject matter 
jurisdiction to prosecute those who attack U.S. citizens abroad. But, 
to obtain personal jurisdiction over the culprits themselves, the 
suspect must first be seized or arrested and brought to the United 
States to stand trial. Under current constitutional doctrine, both U.S. 
citizens and foreign nationals can be seized and brought to stand trial 
in the United States without violating due process of law. Frisbie 
versus Collins, 342 U.S. 519, 522 (1952).
  My resolution calls for the United States to demand the prosecution 
of all suspected perpetrators of these attacks against United States 
citizens by seeking the cooperation of the Palestinian Authority and 
all other appropriate authorities in the prosecution of these cases. In 
addition, my resolution calls for these suspects to be tried in the 
United States unless it is determined that such action is contrary to 
effective prosecution.
  We must utilize all our laws properly and remain persistent in 
seeking justice for these American families. We must remain vigilant in 
our search for all suspected perpetrators of these atrocious attacks 
against U.S. citizens. I urge my colleagues to support this measure and 
to help push for justice in this important matter.

                          ____________________