[Congressional Record Volume 149, Number 144 (Wednesday, October 15, 2003)]
[Senate]
[Pages S12600-S12601]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           A TRAGEDY IN GAZA

  Mr. SMITH. Mr. President, this morning, we awoke to the tragic news 
of what happened to the convoy of United States personnel traveling in 
Gaza. My condolences go out to their families, loved ones and 
colleagues.
  These brave Americans were accompanying United States diplomats going 
to interview young Palestinians for the opportunity to study in this 
great country on Fulbright scholarships--offering them a chance for a 
better life. These fallen men were the 48th through 51st American 
victims of Palestinian Arab terrorism since the signing of the Oslo 
accords in 1993 alone.
  Several of my colleagues have made mention of the fact today that 
Saddam Hussein rewarded terrorists who carried out suicide bombings in 
Israel. We must not forget that dozens of Americans were among their 
victims, and that many who planned and orchestrated these horrific acts 
remain at large today.
  The deplorable attack on the U.S. convoy sickens me. but it does not 
surprise me. It should have not been allowed to come to this. For far 
too long, the State Department has done little to bring the murderers 
of Americans in certain regions and incidents to justice.
  For the other 48 Americans, the wheels of justice have been virtually 
non-existent. This is because every step of an investigation abroad 
must be cleared by and coordinated with the Department of State. For 
too many years, and for too many American families, adequate consent 
and opportunity to pursue has simply not been forthcoming due to 
``diplomatic'' considerations.
  This is wrong. The families who have lost loved ones should not have 
their grief compounded by a lack of justice from our own system. The 
virtual impunity afforded certain terrorists sends the wrong foreign 
policy signal to

[[Page S12601]]

would-be terrorists around the globe. If we are indeed engaged in a 
global war on terrorism, then why is justice not pursued to its fullest 
extent when the terrorists are Palestinian or citizens of countries, 
such as Indonesia or Yemen, with which we are keen to maintain good 
relations?
  We must send the message that we, as a country, are no less than 100 
percent committed in our resolve to investigate and prosecute the 
murder of innocent Americans abroad, whether they be high-level 
diplomats, school teachers on a picnic, or children whose lives are cut 
short.
  We have sent precisely the wrong message to would-be terrorists in 
certain regions of the world for far too long. This culminated in 
today's tragic events in Gaza. The State Department obviously maintains 
considerable influence in the investigation of the cases of official 
and non-official Americans who have been killed abroad.
  But the pursuit of justice should not primarily be an issue of 
diplomacy, but of justice. The return address for this entire issue of 
Americans who have been killed by terrorists abroad simply belongs in 
the Justice Department.
  That is why I call upon you today to join me and almost two dozen 
other Senators in cosponsoring the Koby Mandell Act of 2003. The act 
calls for transferring the lead responsibility for the investigation 
and prosecution of terrorists who have killed Americans abroad into is 
rightful destination, the Department of Justice.
  I urge you to cosponsor S. 684, the Koby Mandell Act of 2003, and to 
send a message to terrorists that we have their number, and that one 
day, hopefully sooner than later, their number will be up.

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