[Congressional Record Volume 144, Number 147 (Thursday, October 15, 1998)]
[House]
[Pages H10924-H10925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXTENDING VISA PROCESSING PERIOD FOR DIVERSITY APPLICANTS DUE TO
EMBASSY BOMBINGS
Mr. GEKAS. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4821) to extend into fiscal year 1999 the visa processing period
for diversity applicants whose visa processing was suspended during
fiscal year 1998 due to embassy bombings.
The Clerk read as follows:
H.R. 4821
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXTENSION INTO FISCAL YEAR 1999 OF VISA PROCESSING
PERIOD FOR DIVERSITY APPLICANTS WHOSE VISA
PROCESSING WAS SUSPENDED DURING FISCAL YEAR
1998 DUE TO EMBASSY BOMBINGS.
(a) Extension of Period.--
(1) In general.--Notwithstanding clause (ii)(II) of section
204(a)(1)(G) of the Immigration and Nationality Act (8 U.S.C.
1154(a)(1)(G)), in the case of an alien described in
paragraph (1) or (2) of subsection (b)--
(A) the petition filed for classification under section
203(c) of such Act (8 U.S.C. 1153(c)) for fiscal year 1998 is
deemed approved for processing for fiscal year 1999, without
the payment of an additional $75 filing fee; and
(B) the priority rank for such an alien for such
classification for fiscal year 1999 is the earliest priority
rank established for such classification for such fiscal
year.
(2) Visas charged to fiscal year 1999.--Immigrant visas
made available pursuant paragraph (1) shall be charged to
fiscal year 1999.
(b) Aliens Eligible for Benefits.--
(1) Petitioning alien.--An alien described in this
paragraph is an alien who--
(A) had a petition approved for processing under section
203(c) of the Immigration and Nationality Act (8 U.S.C.
1153(c)) for fiscal year 1998; and
(B)(i) had been scheduled for an immigrant visa interview
on or after August 6, 1998, and before October 1, 1998, at
the United States embassy in Nairobi, Kenya, at the United
States embassy in Dar Es Salaam, Tanzania, or at any other
United States visa processing post designated by the
Secretary of State as a post at which immigrant visa services
were suspended in fiscal year 1998 as a result of events
related to the August 7, 1998, bombing of those embassies; or
(ii) had been interviewed for such a visa but refused
issuance under section 221(g) of such Act (8 U.S.C. 1201(g))
during fiscal year 1998 at such an embassy or post,
(2) Family members.--An alien described in this paragraph
is an alien who--
(A) is a family member described in section 203(d) of the
Immigration and Nationality Act (8 U.S.C. 1153(d)) of an
alien described in paragraph (1); or
(B)(i) is a family member described in such section of an
alien described in paragraph (1)(A); and
(ii) meets the requirement of clause (i) or (ii) of
paragraph (1)(B).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Gekas) and the gentleman from New Jersey (Mr. Payne)
each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Gekas).
General Leave
Mr. GEKAS. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
on H.R. 4821.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, last August 7, as everyone will recall, our Nation was
shaken by the news that our embassies in Kenya and Tanzania were bombed
and hundreds of natives and American diplomats as well were killed.
As tragic as that is, and it still has tragic consequences in
leftover items that will haunt us for years to come, there was another
unintended but serious consequence of those bombings. That is, there
were many people filing into those embassies prior to this bombing who
were making application for diversity visas to which they might have
been entitled.
Now, with the extinction of these embassies, these people, who might
have a right to come to the United States to exercise their skills,
were denied that privilege of applying for this diversity visa. What
has happened is they may lose that chance forever, unless we pass this
piece of legislation, because what this does is in effect put a hold on
the deadlines that would have ordinarily applied to these applicants
for diversity visas, thus, allowing the system to move ahead into 1999,
without allowing it to come to an end by the process that would have
come to an end this year, but for the bombings of the embassies in
those countries.
We urge the passage of this legislation as one that is absolutely
necessary. This would not guarantee, by the way, that those applying
would automatically be granted the visa, but we do not want to rob them
of the opportunity to file an application to receive such a visa. That
is the purpose of the bill, and what it does is make up for lost time
by reason of the destruction of the embassies.
Mr. Speaker, I reserve the balance of my time.
Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, let me thank the gentleman from Pennsylvania (Mr. Gekas)
for his support of this legislation. I rise in support also today of
H.R. 4821, a bill to extend into next year the visa processing period
for Nairobi, Kenya, and Dar es Salaam, Tanzania, due to the U.S.
embassy bombings.
This is one of the most heinous acts of state-sponsored terrorism
that has been done anywhere in a long time. The bombs that exploded on
August 7th at the U.S. embassies in Nairobi and Dar es Salaam killed
247 people in Kenya and 10 people in Tanzania and left more than 5,500
people injured, including many Americans. Sadly, on August 7th of this
year, the U.S. embassies in East Africa were the target of state-
sponsored terrorism backed by financier Osama Bin Laden.
Fighting terrorism is a complex and very, very difficult task, and in
the aftermath of every sinister terrorist act a rebuilding process must
occur to restructure buildings, send food and shelter and rehabilitate
the lives of the victimized men, women and children, so I am pleased to
hear that the U.S. will extend a helping hand to the innocent victims
during this tragic period.
Our immigration process is oftentimes complicated, as we know. It is
mired with confusion and, at many times, is discriminatory. The annual
diversity visa lottery permits 50,000 applicants from countries that
are underrepresented in legal immigration to qualify for a U.S.
immigrant visa.
At the time of the bombings, hundreds of visa applicants were
suspended because of lack of manpower to operate our counselor
services. The temporary closure meant that applicants were unable to
process their visas.
One story that has particular meaning to me was from a young lady
named Maritee who lived in Nairobi. She had told her family she was
looking forward to coming to the United States of America with her
sister. She was at the U.S. embassy's consular office waiting in line
filling out an application to come to her dream country,
[[Page H10925]]
the USA, when the truck bomb exploded, ripping out the walls of the
consular section. She did not make it through the blast. She died.
When she was buried, her family with tears streaming down their eyes
remembered the jubilance of her getting up that morning and going to
the embassy to apply, for her dream to come to this country to study.
It was not Maritee's fault, the bombs were targeted for Americans.
We cannot bring Maritee back, but we can pass a bill and show our
support and sympathy for the Kenyan and Tanzanian people.
Also at this time, in concluding this portion, I would like to
express my gratitude to France, Israel and South Africa for their
valor, dedication and commitment. I know that Israel brought in sniffer
dogs to locate missing people trapped in the rubble and debris.
South Africa responded almost immediately. They facilitated and
expedited a route allowing our Air Force and the FBI to fly through
South Africa to Nairobi and Dar es Salaam. They also brought back
injured people, lifting visa restrictions, and sent their medical
experts to care for the wounded.
Months later they had a similar bombing at the Hard Rock Cafe in Cape
Town, South Africa. I know they had to work very closely with our FBI
during this second attack in South Africa, and they have been very,
very supportive in working closely with us.
In closing, I would like to express support for the immediate and
decisive decision taken by the President. The strikes at the Shifa
Pharmaceutical Plant in Khartoum and the terrorist camps in Afghanistan
will help to stave off impending terrorist threats by Osama Bin Laden
and his Taliban terrorist groups.
Mr. Speaker, I yield 5 minutes to the gentleman from New York (Mr.
Owens).
(Mr. OWENS asked and was given permission to revise and extend his
remarks.)
Mr. OWENS. Mr. Speaker, I rise in strong support of this legislation,
because I think it is evidence of the great Nation of America acting in
a small way to deal with a problem. It will probably be ignored and not
recognized. Nobody knows it, but in very small ways we have attempted
to provide as much assistance as possible to all the victims of the
bombings in Kenya and elsewhere. We have taken steps to deal with the
medical bills, the hardship suffered by the people surrounding the
embassy and those killed in the embassy.
The whole matter has been brought home to us as members of the
Congressional Black Caucus because two very close members of the
Congressional Black Caucus family were involved. Consul General Julian
Bartley had served as a fellow on the hill here for a half a year and
worked with the Congressional Black Caucus. His son, Jay Bartley, we
also got to know, and his daughter, Edith Bartley, is still active in
Congressional Black Caucus matters. It was brought home to us in a very
personal way. But I think the important thing here is that this
legislation is designed to help people we will never know. It is
designed to help people that happened to be unfortunately there on that
awful day.
The message that should go out to all across the world is you need
never fear being a friend of America. To be an ally of America, to host
an embassy in your country, there is nothing unique to fear. We will
stand by our friends.
We have many enemies in the world, and for good reason. We have
enemies who are seeking to maintain old systems that we are definitely
against. We are against slavery in the Sudan and slavery in Mauritania.
We are against the Taliban enslavement of women in Afghanistan. We are
against a lot of things that create a lot of enemies.
{time} 1045
But we are also the most admired country in the world. People know
that we will stand by our friends in every way. We stood by France a
couple of centuries after they helped us in the Revolutionary War. Our
troops were on the beaches of Normandy.
This is the American colossus which is unlike any empire that ever
existed; not an empire, really, but we have influence all over the
world. We probably have more friends and more people who admire
Americans than any other Nation in the world. That is for a good
reason, because we do stand by our friends. We do stand for principles
and values that large numbers of people identify with.
That creates incidents. It leads to bombings, like the one in Kenya.
We have retaliated, and many people are upset with the fact that we did
retaliate by sending bombs into Afghanistan and then into Sudan. But if
we are in a situation where terrorism is the way of the future, and
there is a new form of war which can strike anybody, and you are guilty
even by association, by friendship, then everybody is included.
Terrorism can strike anywhere and we must strike back.
The fact that we are acting today to indicate that we recognize that
innocent victims need to be compensated; innocent victims need to be
recognized. This Act is addressing the fact that there were people who
wanted to obtain visas and wanted to come to this country whose visas
were not prosecuted in a timely way. But we have also had legislation
for which I understand monies are being appropriated to deal with the
expenses incurred by people who suffered hardships from this awful
tragedy.
I want to salute the sponsors of this legislation, Mr. Speaker, and
the whole spirit of the legislation, which sends a clear message to all
those nations in the world, and certainly the underdeveloped Nations,
which is that you need not fear, you need not back away from an
alliance with America. You need not fear standing for the same kind of
principles that we do. You need not fear hosting our personnel or being
the home of one of our embassies. We are in a world where everybody is
targeted by terrorists, and anybody at any time can be a victim. But
this Nation will stand by its friends. This Nation has shown that it is
ready to act in a humane manner.
In the case of Julian Bartley and his son, Jay Bartley, I think
special efforts were made and a special dispensation was undertaken.
Both of them were buried in Arlington Cemetery. That is the kind of
gesture of a great president, of a great Nation, that is indicative of
what is happening here. We are taking care of people who were
victimized unnecessarily, and I wholeheartedly support this
legislation.
Mr. Speaker, I urge support of H.R. 4821.
Mr. GEKAS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I just wanted to pay tribute to the gentleman from Texas
(Mr. Lamar Smith), our colleague on the Committee on the Judiciary, who
supported the production, promotion, and the final passage, as we
envision it, of this legislation. He has also worked hard on questions
of immigration and visas for these purposes, and he deserves a lot of
credit for what has occurred here, along with the inspiration of the
legislation, the gentleman from New York (Mr. Ben Gilman), who, in his
position as chairman of that relevant committee, also has worked very
hard to get to our final stages.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Riggs). The question is on the motion
offered by the gentleman from Pennsylvania (Mr. Gekas) that the House
suspend the rules and pass the bill, H.R. 4821.
The question was taken; and (two-thirds having voted in favor
thereof), the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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