International terrorism : threats and responses : hearings before the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 1710, Comprehensive Antiterrorism Act of 1995, April 6, June 12 and 13, 1995

548 Pages·1996·20.9 MB·English

by  United States. Congress. House. Committee on the Judiciary

irniRNATlONAL TERRORISM: THREATS AND
RESPONSES
Y 4. J 89/1; 104-24
International Terrorisn: Threats an.
HEARINGS
BEFORE THE
COMMITTEE ON THE JUDICIAKY
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
ON
H.R 1710
COMPREHENSIVE ANTITERRORISM ACT OF 1995
APRIL 6, JUNE 12 AND 13, 1995
Serial No. 24
^
Printed for the use of the Committee on the Judiciary

INTERNATIONAL TIRRORISM: THREATS AND
RESPONSES
HEARINGS
BEFORE THE
COMMITTEE ON THE JUDICIAEY
HOUSE OF REPRESENTATIVES
ONE HUNDRED FOURTH CONGRESS
FIRST SESSION
ON
H.R, 1710
COMPREHENSIVE ANTITERRORISM ACT OF 1995
APRIL 6, JUNE 12 AND 13, 1995
Serial No. 24
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
92-166 CC WASfflNGTON : 1996
ForsalebytheU.S.GovernmentPrintingOffice
SuperintendentofDocuments,CongressionalSalesOffice,Washington,DC 20402
ISBN 0-16-052230-7
COMMITTEE ON THE JUDICIARY
HENRYJ. HYDE, Illinois, Chairman
CARLOS J. MOORHEAD, California JOHN CONYERS, Jr., Michigan
F. JAMES SENSENBRE>fNER, Jr., PATRICIA SCHROEDER, Colorado
Wisconsin BARNEY FRANK, Massachusetts
BILL McCOLLUM, Florida CHARLES E. SCHUMER, New York
GEORGE W. GEKAS, Pennsylvania HOWARD L. BERMAN, California
HOWARD COBLE, North Carolina RICK BOUCHER, Virginia
LAMAR SMITH, Texas JOHN BRYANT, Texas
STEVEN SCHIFF, New Mexico JACK REED, Rhode Island
ELTON GALLEGLY, California JERROLD NADLER, New York
CHARLES T. CANADY, Florida ROBERT C. SCOTT, Virginia
BOB INGLIS, South Carolina MELVIN L. WATT, North Carolina
BOB GOODLATTE, Virginia XAVIER BECERRA, California
STEPHEN E. BUYER, Indiana JOSE E. SERRANO, New York
MARTIN R. HOKE, Ohio ZOE LOFGREN, California
SONNY BONO, California SHEILAJACKSON LEE, Texas
FRED HEINEMAN, North Carolina
ED BRYANT, Tennessee
STEVE CHABOT, Ohio
MICHAEL PATRICK FLANAGAN, Illinois
BOB BARR, Georgia
Alan F. Coffey, Jr., General Counsel/StaffDirector
JVUAN Epstein, Minority StaffDirector
(II)
CONTENTS
HEARINGS DATES
Page
Aprils, 1995 1
June 12, 1995 107
June 13, 1995 357
OPENING STATEMENT
Hyde, Hon. Henry J., a Representative in Congress fromthe State ofIllinois,
andchairman. Committeeon theJudiciary 1
TEXT OF BILL
H.R. 1710 109
WITNESSES
al-Hibri, Azizah Y., J.D., Ph.D., National Advisory Board, American Muslim
Council 440
Barr, William P., former Attorney General, U.S. Department ofJustice, and
generalcounsel, GTE Corp 280
Bereuter, Hon. Doug, a Representative in Congress from the State of
Nebraska 222
Delfay, Bob, executive director. Sporting Arms and Ammunition Manufactur-
ers Institute, Inc 389
Fein, Bruce, former Associate Deputy Attorney General, U.S. Department
ofJustice 302
FleisUsnewr, James P., assistant professor of law, Mercer University School
of 308
Freeh, LouisJ., Director, Federal Bureau ofInvestigation 41
Godson, Roy, professor, GeorgetownUniversity 78
Gorelick,JamieS., DeputyAttorney General, DepartmentofJustice 25, 235
Hay,J. Edmund, research physicist, Pittsburgh Research Center, U.S. Bureau
ofMines 360
Higgins, Lt. Col. Robin L., U.S. Marine Corps., widow of Col. William R.
mggins, U.S. Marine Corps 9
Jahshan, Khalil E., executive director. National Association of Arab Ameri-
cans 420
Lansner, Ruth, chair. National Legal Affairs Committee, Anti-Defamation
LeagueofB'nai B'rith 427
Ledeen, MichaelA., resident scholar, the AmericanEnterprise Institute 90
Nojeim, GregoryT., legislative counsel, American Civil LioertiesUnion 94, 316
Ronay,J. Christopher, president. Institute Makers ofExplosives 365
Seitz, Russell, associate, John M. Olin Institute for Strategic Studies, Har-
vardUniversity 358
Shenefield, John H., chairman. Standing Conunittee on Law and National
Security,American BarAssociation 433
Skaggs, Hon. David E., a Representative in Congress from the State of
Colorado 225
Sofaer, Abraham D., George P. Shultz Distinguished Scholar and Senior
Fellow, the HooverInstitute, StanfordUniversity 285
Studeman, WiUiamO.,ActingDirector, Central IntelligenceAgency 18
Wilcox, Philip C, Jr., CooiSinator, Counterterrorism Section, Department
ofState 49
(III)
IV
^: Page
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARINGS
al-Hibri, Azizah Y., J.D., Ph.D., National Advisory Board, American Muslim
Council: Preparedstatement 443
Barr, William P., former Attorney General, U.S. Department ofJustice, and
generalcounsel, GTE Corp.: Prepared statement 283
Birant, Hon. Ed, a Representative in Congress from the State ofTennessee-
Prepared statement
45^3
Crawford, Kevin F., president, and chief executive officer, Unimin Corp!:
Prepared statement 337
Delfajy, Bob, executive director. Sporting Arms and Ammunition Manufactur-
ers Institute, Inc.: Prepared statement 39I
Executive Order 12947 !."!!....."!..!!."."."!!."!. 119
Fein, Bruce, former Associate Deputy Attorney General, U.S. Department
ofJustice: Prepared statement 3O6
Fleissner, James P., assistant professor of law, Mercer University School
ofLaw: Prepared statement 311
Freeh, Louis J., Director, Federal Bureau of Investigation: FVepared state-
ment
44
Godson, Roy, professor, GeorgetownUniversity: Prepared statement 82
Gorelick,JamieS., DeputyAttorney General, DepartmentofJustice:
Dataconcerningasylum fraud 55
Information concerningterorists who threaten to disrupt the Middle East
peace process 257
Prepared statements 28 239
Hay,J. Edmund, research physicist, Rttsburgh Research Center, U.S. Bureau
ofMines: Prepared statement 352
Higgins, Lt. Col. Robin L., U.S. Marine Corps., widow of Col. William R.
Higgins, U.S. Marine Corps.: Prepared statement 13
Jahshan, Khalil E., executive director. National Association of Arab Anieri-
rans: Prepared statement 424
Lansner, Ruth, chair. National Legal Affairs Committee, Anti-Defamation
LeagueofB'nai B'rith: Prepared statement 431
Lawson, Richard L., president and CEO, National Mining Association: Pre-
pared statement 33g
Ledeen, Michael A., resident scholar, the American Enterprise Institute: Pre-
pared statement 91
Nojeim, GregoryT., legislative counsel, American Civil LibertiesUnion:
LetterdatedJuly 5, 1995, to ChairmanHyde 350
Prepared statements 96 319
Ronay, J. Christopher, president, Institute Makers of Explosives: Pi^pared
statement 3g3
Shenefield, John H., chairman. Standing Committee on Law and National
Security,American BarAssociation: Prepared statement 437
Skaggs, Hon. David E., a Representative in Congress from the State of
Colorado: Preparedstatement 226
Sofaer, Abraham D., George P. Shultz Distinguished Scholar and Senior
Fellow, the HooverInstitute, StanfordUniversity: Prepared statement 289
Studeman, William O., ActingDirector, Central Intelligence Agency: Prepared
statement 22
Wilcox, Philip C, Jr., Coordinator, Counterterrorism Section, Department
ofState: Prepared statement 52
APPENDDCES
Appendix 1.—Deputy Attorney General Gorelick's responses to additional
committeequestions 475
Appendix 2.—Statement of Hon. Bob Barr, a Representative in Congress
fromthe S—tateofGeorgia 481
Appendix 3. Statement ofHon. Eliot L. Engel, a Representative in Congress
from the StateofNewYork 482
Appendix 4.—Statement of Tommy P. Baer, international president, B'nai
B'rith 483
Appendix 5.—Statement ofJames Phillips, seniorpolicy analyst, the Heritage
Foundation 434
Appendix 6.—Statement of Gerald H. Goldstein, on behalf of the National
Association ofCriminal Defense Lawyers 487
V
Page
—
Appendix 7. Mary Mourra Ramadan, director of legal services, American-
Arab Anti—-Discrimination Committee 496
Appendix 8. Statementofthe NationalJewish CommunityRelations Council
andtheNa—tionalAssociationofArabAmericans 503
Appendix 9. PaperEntitled, "Interesting Times," by Russell Seitz, associate,
John M. Oli—n Institute forStrategicStudies, HarvardUniversity 504
Appendix 10. Statement of Hon. WUliam P. Luther, a Representative in
Congress fr—omthe State ofMinnesota 522
Appendix 11. Letter dated June 13, 1995, to Chairman Hyde, from Gregory
T. Nojeim, l—egislativecounsel, American Civil LibertiesUnion 523
Appendix 12. Memorandum dated May 22, 1995, to Congressman Zach
Wamp, fro—mJ. Wayne Cropp 524
Appendix 13. StatementofHon. Michael Patrick Flanagan, aRepresentative
in Congress—fromtheStateofIllionis 525
Appendix 14. Letter to Chairman Hyde, from Edward J. Wallace, National
president. A—ncient OrderofHibernians inAmerica 526
Appendix 15. Statement ofRalph C. Ostrowski, Chief, Arson and Explosives
Division, Bureau of Alcohol, Tobacco and Firearms, Department of the
Treasury — 528
Appendix 16. Statement ofKevin F. Crawford, president and chiefexecutive
officer, Unimin Corp 531

INTERNATIONAL TERRORISM: THREATS AND
RESPONSES
THURSDAY, APRIL 6, 1995
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The committee met, pursuant to notice, at 10:06 a.m., in room
2141, Rayburn House Office Building, Hon. Henry J. Hyde (chair-
man ofthe committee) presiding.
Present: Representatives Henry J. Hyde, Carlos J. Moorhead, F.
James Sensenbrenner, Jr., Bill McCollum, George W. Gekas, How-
ard Coble, Steven Schiff, Ed Bryant of Tennessee, Bob Inglis, Mar-
tin R. Hoke, John Conyers, Jr., Barney Frank, Charles E. Schumer,
Howard L. Berman, Jerrold Nadler, Robert C. Scott, Melvin L.
Watt, Jose E. Serrano, Zoe Lofgren, and Sheila Jackson Lee.
Also present: Alan F. Coffey, Jr., general counsel/staff director;
Patrick B. Murray, counsel; and Tom Diaz, minority counsel.
OPENING STATEMENT OF CHAIRMAN HYDE
Mr. Hyde. Pursuant to notice, I call this full committee hearing
on International Terrorism: Threats and Responses to order.
I expect this hearing to educate members of this committee and
the general public about the need, both immediate and long term,
for adequate and reasonable responses to the scourge of inter-
national terrorism. We have three panels of witnesses that will
present testimony to the committee today.
Members will, of course, be given an opportunity to make open-
ing statements, which I hope will be blessedly brief. Your full state-
ments will be submitted in the record in their entirety. So I ask
the Members to bear that in mind.
It's my desire to conclude this hearing early this afternoon, and
I suspect with an important bill on the floor today that concerns
our committee, as well as other legislation, we may be interrupted
several times for votes.
International terrorism affects all Americans, both at home and
abroad. It threatens our safety, and our national sovereignty. It re-
stricts our prized freedom of travel, reduces our security, but it also
stifles our natural inclination to trust others. Nothing could be
more destructive of our domestic tranquillity. Innocents are annihi-
lated, families are destroyed by terrorist acts. Etched forever in our
collective memory are the passengers of Pan Am Flight 103, vio-
lently murdered over Lockerbie, Scotland, by a bomb blast believed
sponsored by the Libyan Government; the innumerable victims of
strife in Northern Ireland, who have lived a full generation with
(1)
almost daily portions of death, destruction, and terror handed to
them by terrorists on both sides ofthat struggle for peace; the kid-
napping, torture, and hanging of Marine Colonel Rich Higgins by
the Hezbollah, and the victims ofthe World Trade Center bombing,
including the six who died in the blast, the thousands that were
injure—d, and the 50,000 citizens evacuated in that terror-filled
event to name just a few.
The recent poisoning by a Japanese terrorist cult with anti-
American animosities of the subway commuters in Tokyo, 11 of
whom have died, the thousands who have been critically sickened
by nerve gas, underscores our own vulnerability to similar terrorist
acts. The murder of two American consulate employees in Karachi,
Pakistan, reminds us that Americans are frequent targets for ter-
rorism, aggression, and violence due to longstanding historical, po-
litical, religious, and ideological distrust.
The administration claims that fighting international terrorism
is among its top priorities. However, it has continually sought to
downgrade the Office ofCounterterrorism at the State Department,
which is responsible for spearheading international efforts to com-
bat terrorism, from the rank of ambassador at large to a lower
level bureaucratic post. Despite that ambivalence, this country
must be prepared to respond effectively and immediately. Inter-
national terrorism not only threatens our citizens' lives and health,
it threatens our country's vital economic interests. With each pass-
ing day, our economic life becomes more intertwined with inter-
national markets and supply sources. With the advance of com-
puter technology, we can be literally seconds away from total catas-
trophe in our financial markets.
The administration's proposal has been one response to this ter-
rorist threat, which is real and continues daily. I'll expect we'll
learn today there may be other ways, other methods, other ap-
proaches, to this extremely serious problem and its consequences.
I also suspect there will be provisions in H.R. 896 that meet with
approval from Members on both sides of the aisle. Many have criti-
cized portions of H.R. 896. Those criticisms concern serious con-
stitutional issues relating to due process, free speech and associa-
tion, and cherished fourth amendment freedoms.
Our purpose is to develop legislation that provides the United
States with the necessary capabilities to combat the evil of terror-
ism now and in the future, but in a constitutional manner. We
want to ensure that whatever legislation ultimately results, it's
constitutional, it's practical, and it's effective. We should be asking:
is H.R. 896 sufficient to meet our needs? Can more be done? What
future risks can be anticipated? Have they been adequately ad-
dressed? Is U.S. policy cognizable, coherent, and current?
We need to determine which tools are necessary to help law en-
forcement and the intelligence community prevent terrorism and
protect our citizenry from its awful harms. We need to find the
delicate balance between protecting constitutional rights and pro-
tecting our national security. The questions before us, then, are
what needs to be done and how do we accomplish that task.
I'm pleased to yield to the ranking minority member, Mr. Con-
yers.