Congressional Record—Senate S11482
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S11482 CONGRESSIONAL RECORD — SENATE November 18, 2004 those countries and other foreign in- tion have been drafted to harmonize REMARKS OF LYNN SMITH DERBYSHIRE, vestors pull out in the face of rising fis- existing statutory law with the recent BEIRUT MEMORIAL SERVICES, OCT. 23, 2004 cal imbalances, as has happened else- direction of the District of Columbia We are here today to honor the men who where, the consequences for our econ- circuit in Cicippio-Puleo v. Islamic Re- died in Beirut, Lebanon on this day 21 years omy could be very serious. public of Iran, 353 F.3d 1024 (D.C. Cir. ago. As families, we believe that our first In my view, the current course of fis- 2004), which held that ‘‘neither 28 duty is to remember. Thank you for coming to help us commemorate the lost. cal policy is not only unwise and dan- U.S.C. § 1605(a)(7) nor the Flatow As you know, in 1996 Congress passed legis- gerous, it is ultimately unsustainable. Amendment to the Foreign Sovereign lation that gave victims of state sponsored We can’t go on like this. Either our Immunities Act . ., nor the two con- terrorism, and their families, the right to leaders here in Washington will face re- sidered in tandem, creates a private sue those nations in a United States Court. ality and reverse course, or the mar- right of action against a foreign gov- This legislation did two things: It gave us a kets will punish us until we do. Either ernment.’’ 353 F.3d 1024, 1032–33 (D.C. path to pursue justice and compensation, the dollar will collapse, or interest Cir. 2004). and it provided a way to hold rogue nations rates will rise substantially, or infla- accountable for their crimes, and thereby In 1996, I supported the legislation deter more terrorism. The problem with the tion will rise, or all these problems will that ultimately was enacted into the existing legislation, however, is that it has hit at once. statutes that I have just cited. These loopholes. And the U.S. Government is using When that might happen is anybody’s statutes have been interpreted by the these loopholes to continually torpedo the guess. But you can’t reverse the basic D.C. Circuit in Cicippio-Puleo to provide efforts of the families to collect damages, laws of economics. Sooner or later, the the following: and penalize terrorist states. piper gets paid. No. 1, 28 U.S.C. § 1605(a)(7) provides an On October 23, 1983—21 years ago today— So, I think we have made a mistake Hezbollah, at the behest of the government exception to sovereign immunity for of Iran, sent a suicide bomber into the Ma- by increasing the debt limit so sub- state sponsors of terrorism and permits stantially. Needless to say, we must rine Corps Barracks in Beirut Lebanon, kill- Federal courts to hear claims seeking ing 241 U.S. servicemen. protect the full faith and credit of the money damages for personal injury or One of the young Marines who was killed United States. But we do not need a death against such nations and arising that day was a blond, blue-eyed, bowlegged debt limit extension of this magnitude. from terrorist acts they commit, or di- helicopter pilot, named Captain Vincent And we should not have approved it rect to be committed, against Amer- Smith. He had just turned 30. He had a wife yesterday. Instead, we should have ican citizens or nationals outside of the named Ana, a 3-year-old son named Ian, and passed a much smaller increase, in dog named Whiskey. Vince had a penchant foreign state’s territory; and No. 2, 28 for practical jokes, an infectious laugh and a order to put real pressure on the Con- U.S.C. § 1605(a)(7)(note), also known as gress next year to finally get serious contagious grin. He sang in the church choir the ‘‘Flatow Amendment,’’ named for with his velvety tenor voice, he loved to about the need for fiscal discipline. New Jersey student Alisa Flatow, who water-ski, and throw the football with his Next year we will begin perhaps the was killed when Palestinian Islamic brothers on crisp fall afternoons—like this most important domestic policy debate Jihad bombed a Gaza bus on which she one, and have cookouts on the deck with his in a generation when we take up Presi- was riding, imposes liability upon an friends. dent Bush’s call to privatize Social Se- official, employee, or agent of a foreign Vince was my brother. He was my pro- curity. At that point, Congress will tector, my confidant, and my friend. And I state that is designated as a state loved him deeply. Twenty-one years after his have to make a decision. Either we will sponsor of terrorism, only if that offi- keep our promise to American workers, death there is still a hole in my heart and in cial, employee or agent is acting in my life, and in my family. I miss him more or we will break that promise and cut their ‘‘official capacity.’’ every day. earned benefits. I think we should keep On October 23, 2004, in Philadelphia, I I have learned over the past 21 years that our promise and protect benefits. But was privileged to take part in a memo- one does not ‘‘get over’’ the murder of a we can only afford to do that if we rial service held in honor of the serv- brother. Whoever said that time heals quickly reestablish some measure of wounds was an idiot—and whoever said that icemen killed in the 1983 Beirut attack. fiscal discipline. Increasing our debt by never had a wound like this. My wound can- Some of the family members of those $800 billion is not the way to do that not completely heal, because every time killed attended the event. Their mov- and, in my view, is a serious mistake. there is another terrorist attack, the hole in ing comments about how they have my heart is ripped open again: So for all these reasons, I cast my been denied the ability to seek legal re- The U.S. Embassy in Beirut, the Achille vote no yesterday. For the sake of our dress, despite clear findings impli- Lauro, the murder of Robert Stetham of economy, for the sake of our future, cating Hezbollah and Iran in the at- TWA flight 847, Khobar Towers in Saudi Ara- and for the sake of our values as a Na- tacks, were both poignant and persua- bia, the U.S.S. Cole, Madrid, and even this tion, we must restore fiscal discipline. morning, a car bomb outside of Baghdad sive. It is vitally important to victims’ And we must do it soon. killed 10 and wounded 42. families that they have a private right And who here can ever forget that fateful f of action against the state sponsor day: September 11, 2001. JUSTICE FOR MARINE CORPS itself, not just its officials, employees One after the next, after the next, these FAMILIES VICTIMS OF TERRORISM or agents acting in their official capac- events have sliced open my scar-tissued ity. These victims and their families heart, and I must grieve the brother I loved Mr. SPECTER. Mr. President, I seek so dearly over and over again. All of these recognition to describe legislation that deserve not simply a day in court, but also the ability to recover damages events bring me to my knees. And when I am I plan to introduce in the 109th Con- on my knees I pray for justice—not re- gress. I have been asked to pursue this against terrorist states that commit, venge—justice. legislation on behalf of the 158 families direct, or materially support terrorist I do not want vengeance. I do not want the of the brave servicemen who died when acts against American citizens or na- sisters and mothers of young vibrant Iranian the terrorist faction Hezbollah—with tionals. The former, in isolation, is a soldiers to have to weep at the closed casket the support of the Government of hollow right—in legal terms, a right of their brothers and sons as I did, knowing without a remedy. The D.C. Circuit in that his body is not even whole inside the Iran—sent a suicide bomber into the box. I do not want anyone to discover as I Marine Corps Barracks in Beirut, Leb- Cicippio-Puleo tells us that only Con- gress can provide such a remedy. That have that this kind of grief is an incessant anon, on October 23, 1983, killing 241 pain-and it hurts all over. I would not wish U.S. servicemen—18 sailors, 3 soldiers, is my intent. the last 21 years of agonizing sorrow on a and 220 Marines. I ask unanimous consent that the Oc- rabid dog. No. I do not want vengeance. This legislation will provide an ex- tober 23, 2004, remarks by Lynn Smith But I do want justice. And I do want the plicit private right of action for United Derbyshire, the sister of deceased Ma- terrorism to stop. States citizens against state sponsors rine CPT Vincent Smith and a leader of In March 2003, the Beirut families brought of terrorism in our Federal courts, and the families advocating for this legisla- suit against the country of Iran for the mur- der of our beloved brothers and sons and fa- tion, be printed in the RECORD.