[Congressional Record (Bound Edition), Volume 148 (2002), Part 8]
[Senate]
[Pages 10392-10393]
[From the U.S. Government Publishing Office, www.gpo.gov]




  HARKIN-ALLEN AMENDMENT ON TERRORISM VICTIM'S ACCESS TO COMPENSATION

  Mr. HARKIN. Madam President, first, I thank the Senator from 
Virginia, Senator Allen, for bringing this matter to the floor. I was 
unavoidably detained yesterday. I had a lot of constituents from the 
Greater Des Moines Chamber of Commerce, about 140 Iowans, with whom I 
was meeting as we concluded a very busy day to cap off their annual 
work trip to Washington, D.C. Unfortunately, I was unable to be here in 
the Chamber to assist and help my good friend from Virginia in offering 
this amendment.
  I personally thank the Senator from Virginia for filling in the gap 
yesterday and getting this amendment up on this bill. This is an issue 
that needs to be addressed and I could not ask for a more dedicated and 
steadfast ally than Senator Allen in helping pursue justice for all of 
the innocent American victims of state-sponsored terrorism. This is an 
issue that must be addressed by this Congress.
  That is why the bipartisan legislation Senator Allen and I introduced 
in April--the Terrorism Victim's Access to Compensation Act (S. 2134) 
and the amendment that Senator Allen joins me in offering here take two 
very important steps. First, this amendment would require that 
compensation be paid first and foremost from the blocked and frozen 
assets of the state sponsors of terrorism and their agents, not U.S. 
taxpayers, in cases where American victims of terrorism secure a final 
judgment in our federal courts and are awarded compensation 
accordingly.
  Second, this amendment provides a level playing field for all 
American victims of state-sponsored terrorism who are pursuing redress 
in our federal courts and compensation from the blocked assets of state 
sponsors of terrorism, including their agencies and instrumentalities.
  Madam President, we are united as Americans to meet the threat of 
international terrorism. This fight is being waged on many fronts, from 
the mountains of Afghanistan to the borders and streets of America.
  Even as we track down the terrorists and defend America, we must 
never forget that terrorist acts are ultimately stories of human 
tragedy. We must never forget the victims.
  I am talking about American victims like the dedicated, professional 
woman from Waverly, IA, Kathryn Koob, who sought to build cross-
cultural ties between the Iranian people and the American people only 
to be taken hostage in the U.S. Embassy in Tehran and held captive for 
444 nightmarish days in Iran.
  I am talking about American victims like Taleb Subh from LeClaire, 
IA, who, as a teenager, was visiting relatives in Kuwait and terrorized 
by Saddam Hussein and his troops at the outbreak of the Persian Gulf 
War.
  These are two examples, but Americans in all 50 states have suffered. 
That is why Senator Allen and I have joined together with 17 co-
sponsors on both sides of the aisle to advance this legislation to 
ensure that American victims of state-sponsored terrorism are justly 
compensated for their pain, suffering, and losses.
  Current law allows American citizens to sue terrorists for 
compensation for their losses. Many Americans have won verdicts and 
judgments in our federal courts, yet have been unable to collect even 
though the U.S. Treasury lawfully controls at least $3.7 billion in 
blocked or frozen assets of the seven foreign governments known to 
sponsor terrorism. Our own government has worked to prevent these 
families from collecting. In fact, our own State Department and Justice 
Department have gone into federal court to single out and block the 52 
Americans held hostage in Iran and their families from even being able 
to pursue justice in our federal courts, let alone collect 
compensation.
  To be clear, current law only applies to terrorist states. At 
present, seven foreign governments are officially designated by the 
U.S. State Department as state sponsors of terrorism. They

[[Page 10393]]

are Iran, Iraq, Libya, Syria, Sudan, North Korea, and Cuba. It is those 
state sponsors of international terrorism, not the American taxpayer, 
who must be compelled to pay these costs first and foremost.
  The Harkin-Allen Amendment sends a clear message to foreign 
governments that sponsor international terrorism: If you sponsor 
terrorism, if you attack innocent Americans, we will pursue you, we 
will bring you to justice, and America will literally make you pay.
  American victims of state-sponsored terrorism deserve to be 
compensated for their pain, suffering, and losses by those terrorists 
who sponsor and commit these terrible acts. The Congress should clear 
the way for those with court-ordered judgments to be paid from blocked 
terrorist assets and, in so doing, deter future acts of state-sponsored 
terrorism against innocent Americans.
  Again, I appreciate the Senator from Virginia taking the initiative 
on this and getting this amendment up when I was unavoidably detained 
yesterday. I hope we have a resounding vote in favor of its passage.
  Mr. ALLEN. Will the Senator yield?
  Mr. HARKIN. I yield.
  Mr. ALLEN. I say to my good friend from Iowa, Senator Harkin, this is 
referred to as the Harkin-Allen amendment. I thank you for your great 
leadership. All of us have a lot of busy times around here, but we are 
teamed together for the victims who ought to get just compensation from 
these terrorists.
  Mr. HARKIN. I thank the Senator from Virginia for his kindness and 
generosity and for propounding that unanimous consent request. He is a 
gentleman.
  Several Senators addressed the Chair.
  Mr. HARKIN. Madam President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. The Senator from Vermont.
  Mr. LEAHY. I ask for the yeas and nays on both amendments--I withdraw 
that.
  Madam President, I ask unanimous consent I be allowed to proceed for 
no more than 3 minutes on the Leahy-Hatch amendment.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________