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 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 , 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 , 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. will ultimately allow victims of such thers and husbands. We proved in a court of acts to collect court-ordered damages There being no objection, the mate- law, that Hezbollah was carrying out the di- against state-sponsors of terrorism. rial was ordered to be printed in the rect will of the Iranian government. Iran is The specific provisions of the legisla- RECORD, as follows: guilty of the murder of my brother, and of

VerDate Aug 04 2004 04:34 Nov 19, 2004 Jkt 039060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A18NO6.054 S18PT1 November 18, 2004 CONGRESSIONAL RECORD — SENATE S11483 Freas Kreischer’s son, and Shirla Maitland’s Hill, SEACOOS aggregates ocean infor- Act, a bill that would add new cat- brother. mation from federal and non-Federal egories to current hate crimes law, That day in court was a moral victory for sources for display and redistribution. sending a signal that violence of any us. There was a tremendous sense of relief to This information system supports kind is unacceptable in our society. finally be able to name the guilty party. But it’s a hollow victory if Iran is not somehow many uses, from search and rescue and On September 19, 1998, in Chicago, IL, held accountable. Terrorists continue to ter- hazardous spill response to providing three men were allegedly attacked by rorize because they can. We have not held information for recreational boaters two men who made anti-gay remarks. them accountable for their crimes, and so and fishermen. This collaborative ef- I believe that the Government’s first they laugh and build more bombs. There has fort among dozens of institutions is a duty is to defend its citizens, to defend been no justice, so there can be no healing. model of teamwork that will enable them against the harms that come out And it is galling that my own government rapid development of a relevant, user- of hate. The Local Law Enforcement continues to allow Iran to get away with driven multi-purpose system. Enhancement Act is a symbol that can murder—literally. As part of the larger IOOS system, become substance. I believe that by It’s a simple rule: one that the parent of any small child can grasp. If your child hits SEACOOS will improve the decision- passing this legislation and changing another child with a stick, you have to take making process for coastal managers, current law, we can change hearts and the stick away, and give your child con- severe weather response teams, and so minds as well. sequences. If there are no consequences, the many others in whose decisions coastal f child will keep hitting kids with sticks, be- conditions are a factor. Through its HAYWOOD COUNTY EMERGENCY cause he has figured out that it gives him scientific contributions to data collec- OPERATIONS DAY power. tion and analysis, SEACOOS will ad- I want the cruelty and senselessness of ter- vance the Nation’s needs in such broad Mrs. DOLE. Mr. President, this past rorism to stop. And there is only one way to areas as: marine operations, e.g. ship- September marked a devastating hurri- do that. We have to take away the stick. cane season for many States. My home There must be consequences. ping and offshore operations like drill- Senator Specter, thank you for intro- ing and mining; natural hazard mitiga- State of North Carolina was ravaged by ducing a bill that will finally allow families tion, e.g. storm forecasting, surge pre- not one, but four hurricanes this fall. like mine and Freas Kreishcher’s and Shirla diction, tsunami warning; climate Western North Carolina was particu- Maitland’s, to pursue rogue nations in the change and its effects, e.g. interannual larly hit hard by Hurricanes Frances courts and to threaten them by threatening variability in water temperature, salin- and Ivan, which destroyed homes, their assets. Their Achilles heel is financial. ity, nutrients, storminess, plankton washed away roadways, and even took If we take away enough of their money, they species and abundance, fish species and lives. Out of this ruin came the chal- will not be able to afford to build more lenge of rebuilding and piecing to- bombs. And then perhaps you will be spared abundance; national security, e.g. the agony of losing your brother or your son. toxin trajectories, detection of covert gether homes, lives, and communities. If that happens, perhaps this gaping, bleed- operations; public health, e.g. unsafe As I visited the devastation in Western ing wound in my heart will finally be able to biological activity, rip currents, harm- North Carolina, I found encouragement heal. ful algal blooms; ecosystem health, e.g. in the selfless hearts of North Caro- Senator Specter, I want to thank you, on changes in food web structure; and sus- linians who went to great lengths to behalf of the families of the Marine Corps tainable use of marine resources, e.g. help those struggling through the Barracks, Beirut bombing victims, for com- fish stock assessments. wreckage left behind. There are many ing to our aid. Thank you for being willing who came together during this crisis. I to champion our cause in the Congress by Among so many throughout the sponsoring this bill. And Senator, I urge you southeast who have made SEACOOS would especially like to thank the first to do everything in your power to enact this possible, I especially want to note and responders who answered the call of bill into law with the utmost haste. thank Harvey Seim, Associate Pro- duty. Our first responders are there for Thank you very much, sir. fessor of Marine Science at UNC Chapel us in times of need, and they literally f Hill. Professor Seim has been the vi- are on the front lines defending our sionary and leader in building this col- homeland. COUNCIL ON OCEANS POLICY On November 21, 2004, the Town of AWARENESS laborative initiative. His dedication to advancing scientific knowledge that Clyde and the Town of Canton are hon- Mrs. DOLE. Mr. President, recently, serves the public interest embodies the oring all those who were involved in the U.S. Commission on Ocean Policy best spirit of higher education and the the rescue and emergency operations made a series of far-reaching rec- academic research enterprise that following the devastation which oc- ommendations to help keep our oceans makes our nation great. curred as a result of the hurricane sea- viable for future generations. While the In keeping with the recommenda- son. November 21, 2004, has officially Senate as a whole will not address tions of the commission, SEACOOS is a been declared by those towns as ‘‘Hay- these recommendations this Congress, model worthy of replicating around the wood County Emergency Operations I hope we may be able to work on these country. It is consistent with the Inte- Appreciation Day.’’ critical issues next year. grated Ocean Observing System that is I would like to commend the efforts In the meanwhile, my home State of called for in the commission report. of these men and women who are mem- North Carolina has already begun to IOOS is a national, interagency pro- bers of the following departments who make real the recommendations of the gram that the commission recommends brought the community together after Commission. For instance, North Caro- be fully funded and implemented to such devastation: Haywood County lina public schools have begun fos- provide a multipurpose ocean informa- Sheriffs Department, North Carolina tering formal ocean education in K–12 tion system for the Nation. Legislation Highway Patrol, North Carolina Proba- schools, after the State mandated in- to authorize IOOS has already been tion and Parole, North Carolina Alco- clusion of ocean curricula in middle unanimously passed by the Senate, S. hol Law Enforcement, North Carolina school. 1400 and companion bills are pending in Division of Motor Vehicles, North Carolina is also leading the the House. I look forward to continued Waynesville Police Department, Can- Nation in heeding the call for improved congressional support and continued ton Police Department, Maggie Valley scientific understanding of the oceans. success as we increase our knowledge Police Department, Haywood County Of particular pride is the success of the and understanding of our oceans. Emergency Management, Waynesville Southeast Coastal Ocean Observing f Fire Department, Cruso Volunteer De- System, or SEACOOS, an umbrella or- partment, Clyde Fire Department, ganizations of institutions that is LOCAL LAW ENFORCEMENT ACT North Carolina National Guard, Canton building a regional ocean monitoring OF 2003 Fire Department, North Canton Fire and prediction system for the south- Mr. SMITH. Mr. President, I rise Department, Maggie Valley Fire De- east States of North Carolina, South today to speak about the need for hate partment, Lake Junaluska Fire De- Carolina, Georgia and . crimes legislation. On May 1, 2003, Sen- partment, Crabtree Fire Department, Through the leadership of the Uni- ator KENNEDY and I introduced the Fines Creek Fire Department, Jona- versity of North Carolina at Chapel Local Law Enforcement Enhancement than Creek Fire Department, Saunooke

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