George Allen

Mr. ALLEN

Mr. ALLEN. Mr. President, 10 minutes and 5 minutes for Senator Harkin.

Mr. ALLEN. Mr. President, I ask unanimous consent to set aside the pending amendment.

Mr. ALLEN. Mr. President, I call up amendment No. 1165.

Mr. ALLEN. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. ALLEN. I say to my colleague from Iowa, I know the Senator's passionate leadership on this issue has been truly a key in propelling this forward. It is a pleasure to work together. It is good to see somebody who cares strongly about justice. And as with so many efforts in the Senate, we need bipartisan leadership. I very much appreciate your vigor, your strength, your courage. You keep us going. You are a good captain of this team. We will keep fighting for those victims and against those terrorist states.

Mr. ALLEN. I certainly would not object to a voice vote. I ask my chairman, Senator Lugar, if we could have a voice vote. I think it is important we have a voice vote to make sure those in the bureaucracy best understand the intent.

Mr. ALLEN. Mr. President, I rise with my colleague, Senator Harkin of Iowa, to present amendment No. 1165 which simply clarifies the congressional intent of the Terrorism Risk Insurance Act passed last year by this Chamber. This amendment will finally allow American victims of terrorism the opportunity for justice and the compensation they deserve. Unfortunately, despite repeated action taken by the Senate and by the Congress, many American victims are still debating with their own Government to seek compensation from states supporting terrorist activities. Last year, the Senate approved an amendment that Senator Harkin and I offered to the Terrorism Risk Insurance Act that was intended to permit victims of state-sponsored terrorism to satisfy their court-ordered judgments for compensatory damages. That amendment was resoundingly approved by a vote of 81 to 3. We sent a clear message that we are committed to stand beside the U.S. victims of terrorism and make sure they attain justice to which they are entitled. Indeed, several hundred Americans successfully satisfied their judgment under last year's law under assets of terrorist nations that were held by our Government. However, some executive branch officials have attempted to prevent American victims of terrorism from using Iranian assets held by the U.S. Government to satisfy their judgments against Iran for their complicit terrorist activities. Some misguided and apparently confused Government officials are under the impression that Iranian assets fall outside the definition of ``blocked assets'' and, therefore, cannot be used to satisfy judgments awarded to American victims. For some reason, there are some in the State Department who have found that the assets of terrorist states, such as Libya, Sudan, North Korea, and Cuba, are blocked but assets specific to Iran are merely regulated, and therefore not eligible for American victims to receive awards. This maladroit bureaucratic interference is once again preventing these funds from being used to compensate American victims who have brought lawsuits in our Federal courts. The cases have been heard. The evidence has been presented. They have won their cases and they have secured court-ordered judgments. They are real human beings, such as Edwina Hegna of Virginia. In the 1980s, Mrs. Hegna's husband, Charles Hegna, was an employee of the United States Agency for International Development. In 1984, he was on a commercial airplane flight from Kuwait City to Karachi, Pakistan. That plane was hijacked by Hezbollah, an Iranian-backed organization. The terrorists demanded that all Americans reveal themselves. Mr. Hegna stepped forward. The terrorist then beat and tortured him. Upon landing, they forced him to kneel. In testimony, witnesses talked about hearing Mr. Hegna praying for his life. He was then shot in the stomach and thrown 20 feet to the tarmac below. He was still alive, though, on that tarmac. Although many bones were broken in his lower body, he did not die. He laid in agony on the tarmac for over an hour. An ambulance finally arrived. The terrorists, when seeing the ambulance coming, leaned out of the airplane door and shot him repeatedly. He died in that ambulance at the age of 50. He is survived by his wife and their four children. The Hegna family currently has been awarded a compensatory judgment but is unable to receive any compensation from Iran's estimated $237.5 million of net assets reported in this year's Treasury Department report on terrorist assets. The Senate and Congress must restate the congressional intent, and we must restate it a second time so the Hegna family and all victims-- whether they are in Iowa, New York, New Hampshire, all across our Nation--ought to be compensated from the blocked or regulated assets of terrorist nations, and their sponsors must be held responsible and accountable for their vile acts. However, since Congress enacted legislation covering these assets, mistaken bureaucratic interpretations maintain those assets are not subject to the provisions in the Terrorism Risk Insurance Act passed last year. Let's stop playing games. Let's allow these victims and their devastated families the right to get after these assets. Let me be clear with my colleagues about what this amendment does not do because we possibly will hear some arguments on this. What this amendment does not do, No. 1, it does not in any way change or expand the definition of blocked assets as defined in the Terrorism Risk Insurance Act, which this amendment was passed last year, 81 to 3. The definition has always intended to include these so-called regulated assets. No. 2, it does not expand the scope of entities which could be held liable. To the contrary, existing law is broad enough and already ensures that all agencies and instrumentalities of state sponsors of terrorism are subject to the terms of the Terrorism Risk Insurance Act. Nothing in this amendment changes that definition. No. 3, it does not eliminate or make any changes to the executive branch's flexibility or managing of sanctions. The amendment simply prevents bureaucrats from undermining the intent of the Terrorism Risk Insurance Act. Lastly, this amendment does nothing to change the policy established by the provisions of the Terrorism Risk Insurance Act and the Harkin- Allen amendment passed last year by an 81-to-3 vote. We must send a clear message that, regardless of confused bureaucracy, we are going to stand strong for justice and hold terrorists responsible for their vile actions. Therefore, I respectfully ask my colleagues to stand with these victims of state-sponsored terrorism, stand with their families and allow them to get some kind of satisfaction, compensation, and proper recourse to justice. I urge my colleagues to support this amendment. After Senator Harkin speaks on this amendment, I will ask for the yeas and nays.

Mr. ALLEN. Mr. President, I thank my colleague from Oklahoma. It means a great deal to our efforts to have his leadership and support behind this amendment. Seeing that my colleague from Iowa, the cosponsor of this amendment, has not yet arrived, and in the effort to have things move along, I yield the floor but reserve for him 5 minutes. Then, at the conclusion of his statement, I will ask for the yeas and nays.

Mr. ALLEN

Mr. ALLEN. Mr. President, I thank my colleagues, in particular Senator Alexander and Senator Lindsey Graham, as well as Senator Biden, for their hard work. I know the Senator who is presiding over the Senate right now cannot respond, but I very much appreciate Senator Alexander's understanding, hard work, and support for this amendment. And I urge the rest of my colleagues to vote in favor of this important provision. Finally, I express my gratitude to our chairman of the Foreign Relations Committee, Senator Lugar, as well as the ranking member, Senator Biden, for their support, for their assistance in working through this amendment, and, hopefully, having it included as part of this important bill. With that, Mr. President, I yield the floor. Exhibit 1 Recording Industry Association of America, Washington, DC, July 9, 2003. Senator George Allen, Senate Russell Office Building, Washington, DC. Dear Senator Allen: The Recording Industry Association of America (``RIAA'') would like to express its strong support for the Allen/Alexander amendment to the State Department Authorization bill being considered by the Senate. The amendment would authorize $10 million to the State Department for purposes of working with law enforcement officials in nations around the world to increase enforcement of intellectual property laws. One of the greatest challenges facing the music industry, and other domestic industries that produce intellectual property, is international physical piracy. In recent years, the U.S. recording industry has lost nearly $5 billion in revenues as a result of physical piracy around the world. Although the RIAA and its sister international organization, IFPI, continue to work cooperatively with diplomatic and law enforcement entities throughout the world in an effort to address this growing problem, the Allen/Alexander amendment would significantly aid our efforts to protect American intellectual property abroad. We appreciate the leadership of Senators Allen and Alexander and strongly support their amendment to the State Department Authorization bill. Mitch Glazier, Senior Vice President Government Relations.

Mr. ALLEN. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mr. ALLEN. I yield.

Mr. ALLEN. Mr. President, I call up amendment No. 1144.

Mr. ALLEN. It would be my great honor and pleasure to add Senator Biden of Delaware as a cosponsor.

Mr. ALLEN. Mr. President, I rise on behalf of my colleagues, Senator Alexander of Tennessee and Senator Graham of South Carolina, to offer amendment No. 1144, which will provide direct assistance to developing countries to combat piracy of U.S. copyrighted works, materials, and intellectual property. Specifically, our amendment authorizes $5 million for the State Department to provide equipment and training to foreign law enforcement officials--judges and prosecutors--as well as assistance in complying with that foreign country's obligations under the appropriate international copyright and intellectual property treaties. The United States is the world's largest creator, producer, and exporter of copyrighted materials. Unfortunately, this vital, important sector of our country's economy is at great risk due to widespread global piracy. This piracy and theft is more specifically defined as the unauthorized reproduction, distribution, and sale of U.S.-made movies, music, software, video games, and other creative works. The widespread piracy of U.S. copyrighted works and intellectual property threatens U.S. jobs. It threatens our businesses, creativity, and our economic prosperity. In 2001, the U.S. recording industry alone lost $4.2 billion to the piracy of compact discs worldwide. The U.S. motion picture industry lost $3 billion to videocassette piracy, and the U.S. video game entertainment industry lost $1.9 billion due to piracy in just 14 countries. In 2000, hard-goods piracy cost the U.S. business software industry $11.8 billion. A recent study was commissioned by the Business Software Alliance, and it concluded that the largest trade barrier facing the U.S. software industry is worldwide software piracy. An estimated 37 percent--37 percent--of all software loaded onto computers globally in 2000 was illegal--37 percent illegal. Most importantly, this report by the Business Software Alliance found that by lowering the software piracy rates by just 10 percent around the world, the IT industry would contribute an additional $400 billion in economic growth worldwide. This is a very serious problem that needs to be addressed here at home and internationally. Unfortunately, though, developing and economically depressed countries have significant problems enforcing intellectual property protection laws due primarily to a lack of law enforcement training and expertise. Under the requirements of the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property Rights, all WTO countries must have a legal frame in place to effectively protect intellectual property and copyrighted works. Therefore, in order to be compliant, a nation must not only have adequate civil and criminal laws regarding copyright protection, but it also must effectively enforce those laws. Our amendment would provide assistance and resources to adequately train and enforce intellectual property laws in developing countries. This amendment will significantly aid efforts to protect American copyright holders all around the world. Our amendment does not increase the overall authorization level in this bill but, rather, constitutes a small portion--less than 2 percent of the entire budget--for educational and cultural exchange programs. This amendment has broad support from both the content and technology industries. For example, the Recording Industry Association of America, the Motion Picture Association of America, the EMI Music Group, and the Walt Disney Company all support this amendment. Additionally, the Business Software Alliance, Apple Computers, AutoDesk, Cisco Systems, Entrust, Hewlett-Packard, IBM, Intel, Intuit, Adobe, Network Associates, Symantec, and Microsoft all support the Allen-Alexander- Graham amendment. Mr. President, I ask unanimous consent that letters from these groups be printed in the Record at the conclusion of my remarks.

Mr. ALLEN. Thank you, Mr. President.

Mr. ALLEN

Mr. ALLEN. I thank the Senator because I know he is talking about a very important issue to all the people of America. I do have the honor of presenting to my Senate colleagues the Honorable Patrick Cox, who is the President of the European Parliament. As my colleagues know, the European Parliament is the only directly elected body in the European Union and the only popularly elected international assembly in the entire world. Every 5 years, Europe's 375 million citizens have the chance to vote for 626 representatives. President Cox's position is the equivalent of the Speaker of the House and the President of the Senate combined. So he is Ted Stevens and Denny Hastert together. I appreciate the indulgence of the Senator from Montana, and I request my colleagues to take a moment to introduce themselves to President Cox because we do have so many transatlantic bonds, not only philosophically but also economically for jobs. I yield the floor.

Mr. ALLEN. Thank you, Mr. President.

Mr. ALLEN

Mr. ALLEN. Mr. President, will my good colleague from the State of Montana please yield for the purpose of an introduction of an esteemed guest? I know this is very important, but I ask if he will yield for a moment.

Mr. ALLEN

Mr. ALLEN. Mr. President, I rise today to applaud the Senate's approval of the nomination of C. Stewart Verdery, Jr., to be an Assistant Secretary of Homeland Security for Border and Transportation Security Policy. Mr. Verdery's nomination was approved unanimously by the Committee on Governmental Affairs on June 17, and his confirmation will fill a vital position at the new Department of Homeland Security. I have known Stewart for over a decade, and believe that his experience, Jeffersonian conservative principles, and personal qualities make him well-qualified to serve in the new Department. The Assistant Secretary for Policy and Planning at the Border and Transportation Directorate, Department of Homeland Security, is the principal adviser to the BTS Under Secretary for policy development in the substantive areas within the BTS Directorate, including immigration and customs enforcement, customs and border protection, transportation security, Federal law enforcement training, and domestic preparedness. The Assistant Secretary is responsible for ensuring that policies developed for BTS and its component agencies are designed to achieve homeland security objectives as directed by the DHS Secretary and BTS Under Secretary and to fulfill the BTS mission statement to ``protect national security and promote public safety by enforcing our nation's immigration and customs laws, providing an effective defense against all external threats, including international terrorists, and other threats such as illegal drugs and other contraband, while preserving the free flow of legitimate trade and travel.'' Mr. Verdery is well-known to this body, having served for more than 6 years in the U.S. Senate. He first served as counsel to my senior colleague from Virginia, Senator Warner, in his personal office and on the Senate Rules Committee. He joined the Senate Judiciary Committee in 1998 as head of the crime and law enforcement unit, and then moved to become General Counsel to the senior Senator from Oklahoma, Mr. Nickles. In this role, Mr. Verdery advised the Senate leadership on a host of issues, including crime and law enforcement, commerce, judicial nominations, constitutional law, campaign finance, and telecommunications. He was widely respected among his peers and relied upon not only by Senator Nickles, but by many other members of the Republican Conference and their staffs as well. Whether managing the high-profile investigation of the disputed 1996 Louisiana Senate election, helping direct the Clinton impeachment trial, or a host of other assignments, Mr. Verdery's organizational skills, political instincts, and notable work ethics enabled him to thrive in the demanding environment of the U.S. Senate. I had the opportunity to work closely with Stewart when the Senate Republican leadership designated him as a lead staffer for the Senate Republican High Tech Task Force, which has the goal of advancing constructive technology policy in the Senate. As chairman of the High Tech Task Force in 2001-2002, I was impressed by his extraordinary command of complex technology issues and, perhaps more important, his ability to succinctly explain the issues to others. His advice and counsel were always sound and thoughtful, and through his effective and friendly manner, he instantly earned the respect of those with whom he worked. Stewart Verdery played a key role in the transformation of the High Tech Task Force into a lead advocate for the technology-friendly policies in the Senate. With his assistance, my colleagues and I were better prepared to advance a positive technology policy agenda in the Senate, including: the passage of a clean, 2-year Internet tax moratorium extension; passage of the upgraded Export Administration Act reauthorization; securing additional funding for anti-piracy prosecutions; and the hard-fought effort in the economic stimulus debate to make the Research and Development tax credit permanent, to provide enhanced expensing and to include the broadband tax credit. Mr. Verdery will be a valuable member of the team at the Department of Homeland Security. I wish Stewart, his wife Jenny and their two young children, Isabelle and Chase, all the very best health and happiness in this new endeavor.

Mr. ALLEN

Mr. ALLEN. Mr. President, I ask my fellow Senators to vote for R. Hewitt Pate to be Assistant Attorney General for the Antitrust Division of the United States Department of Justice. I rise today to share with my colleagues my views, familiarity and admiration for R. Hewitt Pate. We all know, and the Presiding Officer recognizes, how important our antitrust laws are and their beneficial influence in making sure we have competition in our free market society. Competition is absolutely essential because it forces us to always be innovative to ensure a good market share for whatever the product or service. Our antitrust laws are vital for free competition in our society and in our economy. Mr. Pate, as Assistant Attorney General in the Antitrust Division of the Justice Department, will be one of the key leaders, if not the key leader, in making sure that monopolistic or anti-competitive practices do not occur in this country. I can confidently say Mr. Pate is very well qualified to decide antitrust matters effectively. He will lead with impartiality, dignity and fairness in this important position. When I was Governor of Virginia, I appointed Mr. Pate to the Virginia Commission of Higher Education and the Governor's Commission on Self- Determination and Federalism. I have known Hew Pate since he was at the University of Virginia. I was a relatively young delegate at the time, representing Mr. Jefferson's seat in Albemarle and Nelson Counties, which surround the University of Virginia. Ever since those years, Hew Pate has constantly amazed me. Even then, as a very young man at the University of Virginia School of Law, he was always very conscientious and knowledgeable, and he has been a very good friend and ally ever since. Hew Pate graduated first in his class from the University of Virginia Law School in 1987 and went on to clerk for Judge J. Harvie Wilkinson on the Fourth Circuit Court of Appeals. In addition, Mr. Pate clerked for both Justice Louis Powell and Justice Anthony Kennedy on the United States Supreme Court. After these impressive clerkships, Mr. Pate went on to practice antitrust law for 10 years at Hunton & Williams, which is one of Virginia's largest and most highly respected law firms. Hew Pate also taught competition law at the University of Virginia. Since 2001, Mr. Pate has performed with distinction, handling several significant matters in a scholarly, reasoned, and admirable manner for the Department of Justice's Antitrust Division. Since November 2002, Hew Pate has been the Acting Assistant Attorney General for Antitrust. In fact, on a case affecting a major company in the Commonwealth of Virginia, my good colleague Senator Warner and I were on one side advocating a certain result, and Mr. Pate was on the other side. Mr. Pate briefed us on how our views were not necessarily in accordance with the views of the Department of Justice, but he did it in a very careful, considerate, and well-reasoned way. Afterward, we did not have any reason to appeal because the conclusion was so well briefed and researched. It is my sincere pleasure to highly recommend this exceptional nominee and outstanding Virginian this morning. I respectfully urge all my colleagues to support the confirmation of R. Hewitt Pate to this important position in the Department of Justice. I think he will be an outstanding Assistant Attorney General, leading the Antitrust Division.

Mr. ALLEN

Mr. ALLEN. I yield to the senior Senator from Virginia.

Mr. ALLEN. I thank the Senator from West Virginia and appreciate his support.

Mr. ALLEN. I appreciate the Senator's comments. In sum, let me just say that this issue is very important to the people of the Commonwealth of Virginia. We have a long and proud tradition of protecting our interests and our ability to govern our own actions. I fought those battles every step of the way in my public life--from my service in the Virginia House of Delegates until now. It is my responsibility as an elected official of the Commonwealth of Virginia to adhere to principles, fight for the will of Virginia, and protect the sovereignty of our people and their rights. I yield back the remainder of my time.

Mr. ALLEN. I yield time to the Senator from West Virginia.

Mr. ALLEN. I thank the Senator from South Carolina.