[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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