[Congressional Record Volume 147, Number 135 (Wednesday, October 10, 2001)]
[Extensions of Remarks]
[Pages E1837-E1838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              AIR PIRACY REPRISAL AND CAPTURE ACT OF 2001

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                      Wednesday, October 10, 2001

  Mr. PAUL. Mr. Speaker, I rise to introduce the Air Piracy Reprisal 
and Capture Act of 2001 and the September 11 Marque and Reprisal Act of 
2001. The Air Piracy Reprisal and Capture Act of 2001 updates the 
federal definition of ``piracy'' to include acts committed in the 
skies. The September 11 Marque and Reprisal Act of 2001 provides 
Congressional authorization for the President to issue letters of 
marque and reprisal to appropriate parties to seize the person and 
property of Osama bin Laden and any other individual responsible for 
the terrorist attacks of September 11. Authority to grant letters of 
marque and reprisal are provided for in the Constitution as a means of 
allowing Congress to deal with aggressive actions where a formal 
declaration of war against a foreign power is problematic, Originally 
intended to deal with piracy, letters of marque and reprisal represent 
an appropriate response to the piracy of the twentieth century: 
hijacking terrorism.
  All of America stood horrified at the brutal attacks of September 11 
and all of us stand united in our determination to exact just 
retribution on the perpetrators of this evil deed. This is why I 
supported giving the President broad authority to use military power to 
respond to these attacks. When Congress authorized the use of force to 
respond to the attacks of September 11 we recognized these attacks were 
not merely criminal acts but an ``unusual and extraordinary threat to 
the national security.''
  Congress must use every means available to fight the terrorists 
behind this attack if we are to fulfil our constitutional obligations 
to provide for the common defense of our sovereign nation. Issuance of 
letters of marque and reprisal are a valuable tool in the struggle to 
exact just retribution on the perpetrators of the attacks on the World 
Trade Center and the Pentagon. In fact, they may be among the most 
effective response available to Congress.
  Since the bombing there has been much discussion of how to respond to 
warlike acts carried out by private parties. The drafters of the 
Constitution also had to wrestle with the problem of how to respond to 
sporadic attacks on American soil and citizens organized by groups not 
formally affiliated with a government. In order to deal with this 
situation, the Constitution authorized Congress to issue letters of 
marque and reprisal. In the early days of the Republic, marque and 
reprisal were usually used against pirates who, while they may have 
enjoyed the protection and partnership of governments, where not 
official representatives of a government.
  Although modern America does not face the threat of piracy on the 
high seas, we do face the threat of international terrorism, Terrorism

[[Page E1838]]

has much in common with the piracy of days gone by. Like the pirates of 
old, today's terrorists are private groups operating to assault the 
United States government as well as threaten the lives, liberty and 
property of United States citizens. The only difference is that while 
pirates sought financial gains, terrorists seek to advance ideological 
and political agendas through terroristic violence.
  Like the pirates who once terrorized the high seas, terrorists today 
are also difficult to punish using military means. While bombs and 
missiles may be sufficient to knock out the military capability and the 
economic and technological infrastructure of an enemy nation that 
harbors those who committed the September 11 attacks, traditional 
military force may not be suitable to destroy the lawless terrorists 
who are operating in the nations targeted for military force. Instead, 
those terrorists may simply move to another base before our troops can 
locate them. It is for these reasons that I believe that, were the 
drafters of the Constitution with us today, they would counsel in favor 
of issuing letters of marque and reprisal against the terrorists 
responsible for this outrageous act.
  Specifically, my legislation authorizes the President to issue 
letters of marque and reprisal to all appropriate parties to capture 
Osama bin Laden and other members of al Qaeda or any other persons 
involved in the September 11 terrorist attacks. The President is also 
authorized to use part of the $40 billion appropriated by this Congress 
to respond to the attack, to establish a bounty for the capture of 
Osama bin Laden. My legislation singles out Osama bin Laden and al 
Qaeda because the information available to Congress and the American 
people indicates bin Laden and his organization were responsible for 
this action. By vesting authority in the President to issue the 
letters, my legislation ensures that letters of marque and reprisal can 
be coordinated with the administration's overall strategy to bring the 
perpetrators of this outrageous act to justice.
  Letters of marque and reprisal resolve one of the most vexing 
problems facing the country: how do we obtain retribution against the 
perpetrators of the attacks without inflicting massive damage on the 
Middle East which could drive moderate Arabs into an allegiance with 
bin Laden and other terrorists. This is because using letters of marque 
and reprisal shows the people of the region that we are serious when we 
say our quarrel is not with them but with Osama bin Laden and all 
others who would dare commit terrorist acts against the United States.
  Mr, Speaker, I ask that my colleagues join with me in providing the 
additional ``necessary weapon of war'' and to help defend our fellow 
citizens, our sovereign nation, and our liberty by cosponsoring the 
September 11 Marque and Reprisal Act of 2001 and the Air Piracy 
Reprisal and Capture Act of 2001. 

                          ____________________