[Congressional Record Volume 148, Number 66 (Tuesday, May 21, 2002)]
[House]
[Pages H2680-H2685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EMBASSY EMPLOYEE COMPENSATION ACT
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3375) to provide compensation for the United States
citizens who were victims of the bombings of United States embassies in
East Africa on August 7, 1998, on the same basis as compensation is
provided to victims of the terrorist-related aircraft crashes on
September 11, 2001.
The Clerk read as follows:
H.R. 3375
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Embassy Employee
Compensation Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Claimant.--The term ``claimant'' means an individual
filing a claim for compensation under section 5(a)(1).
(2) Collateral source.--The term ``collateral source''
means all collateral sources, including life insurance,
pension funds, death benefit programs, and payments by
Federal, State, or local governments related to the bombings
of United States embassies in East Africa on August 7, 1998.
(3) Economic loss.--The term ``economic loss'' means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death,
burial costs, and loss of business or employment
opportunities) to the extent recovery for such loss is
allowed under applicable State law.
(4) Eligible individual.--The term ``eligible individual''
means an individual determined to be eligible for
compensation under section 5(c).
(5) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of
domestic service),
[[Page H2681]]
hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
(6) Special master.--The term ``Special Master'' means the
Special Master appointed under section 404(a) of the
September 11th Victim Compensation Fund of 2001 (title IV of
the Air Transportation Safety and System Stabilization Act
(Public Law 107-42; 115 Stat. ____)).
SEC. 3. PURPOSE.
It is the purpose of this Act to provide compensation to
any individual (or relatives of a deceased individual) who
was physically injured or killed as a result of the bombings
of United States embassies in East Africa on August 7, 1998.
SEC. 4. ADMINISTRATION.
(a) In General.--The Attorney General, acting through the
Special Master, shall--
(1) administer the compensation program established under
this Act;
(2) promulgate all procedural and substantive rules for the
administration of this Act; and
(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special
Master under this Act.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to pay the
administrative and support costs for the Special Master in
carrying out this Act.
SEC. 5. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
(a) Filing of Claim.--
(1) In general.--A claimant may file a claim for
compensation under this Act with the Special Master. The
claim shall be on the form developed under paragraph (2) and
shall state the factual basis for eligibility for
compensation and the amount of compensation sought.
(2) Claim form.--
(A) In general.--The Special Master shall develop a claim
form that claimants shall use when submitting claims under
paragraph (1). The Special Master shall ensure that such
form can be filed electronically, if determined to be
practicable.
(B) Contents.--The form developed under subparagraph (A)
shall request--
(i) information from the claimant concerning the physical
harm that the claimant suffered, or in the case of a claim
filed on behalf of a decedent information confirming the
decedent's death, as a result of the bombings of United
States embassies in East Africa on August 7, 1998;
(ii) information from the claimant concerning any possible
economic and noneconomic losses that the claimant suffered as
a result of such bombings; and
(iii) information regarding collateral sources of
compensation the claimant has received or is entitled to
receive as a result of such bombings.
(3) Limitation.--No claim may be filed under paragraph (1)
after the date that is 2 years after the date on which
regulations are promulgated under section 7.
(b) Review and Determination.--
(1) Review.--The Special Master shall review a claim
submitted under subsection (a) and determine--
(A) whether the claimant is an eligible individual under
subsection (c);
(B) with respect to a claimant determined to be an eligible
individual--
(i) the extent of the harm to the claimant, including any
economic and noneconomic losses; and
(ii) the amount of compensation to which the claimant is
entitled based on the harm to the claimant, the facts of the
claim, and the individual circumstances of the claimant.
(2) Negligence.--With respect to a claimant, the Special
Master shall not consider negligence or any other theory of
liability.
(3) Determination.--Not later than 120 days after that date
on which a claim is filed under subsection (a), the Special
Master shall complete a review, make a determination, and
provide written notice to the claimant, with respect to the
matters that were the subject of the claim under review. Such
a determination shall be final and not subject to judicial
review.
(4) Rights of claimant.--A claimant in a review under
paragraph (1) shall have--
(A) the right to be represented by an attorney;
(B) the right to present evidence, including the
presentation of witnesses and documents; and
(C) any other due process rights determined appropriate by
the Special Master.
(5) No punitive damages.--The Special Master may not
include amounts for punitive damages in any compensation paid
under a claim under this Act.
(6) Collateral compensation.--The Special Master shall
reduce the amount of compensation determined under paragraph
(1)(B)(ii) by the amount of the collateral source
compensation the claimant has received or is entitled to
receive as a result of the bombings of United States
embassies in East Africa on August 7, 1998.
(c) Eligibility.--
(1) In general.--A claimant shall be determined to be an
eligible individual for purposes of this subsection if the
Special Master determines that such claimant--
(A) is an individual described in paragraph (2); and
(B) meets the requirements of paragraph (3).
(2) Individuals.--A claimant is an individual described in
this paragraph if the claimant is--
(A) a citizen of the United States who--
(i) was present at the United States Embassy in Nairobi,
Kenya, or the United States Embassy in Dar es Salaam,
Tanzania, at the time, or in the immediate aftermath, of the
bombings of United States embassies in East Africa on August
7, 1998; and
(ii) suffered physical harm or death as a result of such a
bombing; or
(B) in the case of a decedent who is an individual
described in subparagraph (A), the personal representative of
the decedent who files a claim on behalf of the decedent.
(3) Requirements.--
(A) Single claim.--Not more than one claim may be submitted
under this Act by an individual or on behalf of a deceased
individual.
(B) Limitation on civil action.--
(i) In general.--Upon the submission of a claim under this
Act, the claimant waives the right to file a civil action (or
to be a party to an action) in any Federal or State court for
damages sustained as a result of the bombings of United
States embassies in East Africa on August 7, 1998. The
preceding sentence does not apply to a civil action to
recover collateral source obligations.
(ii) Pending actions.--In the case of an individual who is
a party to a civil action described in clause (i), such
individual may not submit a claim under this Act unless such
individual withdraws from such action by the date that is 90
days after the date on which regulations are promulgated
under section 7.
SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS.
(a) In General.--Not later than 20 days after the date on
which a determination is made by the Special Master regarding
the amount of compensation due a claimant under this Act, the
Special Master shall authorize payment to such claimant of
the amount determined with respect to the claimant.
(b) Payment Authority.--This Act constitutes budget
authority in advance of appropriations Acts and represents
the obligation of the Federal Government to provide for the
payment of amounts for compensation under this Act.
(c) Additional Funding.--
(1) In general.--The Attorney General is authorized to
accept such amounts as may be contributed by individuals,
business concerns, or other entities to carry out this Act,
under such terms and conditions as the Attorney General may
impose.
(2) Use of separate account.--In making payments under this
section, amounts contained in any account containing funds
provided under paragraph (1) shall be used prior to using
appropriated amounts.
SEC. 7. REGULATIONS.
Not later than 90 days after the date of enactment of this
Act, the Attorney General, in consultation with the Special
Master, shall promulgate regulations to carry out this Act,
including regulations with respect to--
(1) forms to be used in submitting claims under this Act;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under this Act; and
(5) other matters determined appropriate by the Attorney
General.
SEC. 8. RIGHT OF SUBROGATION.
The United States shall have the right of subrogation with
respect to any claim paid by the United States under this
Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from California (Ms.
Waters) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 3375, the bill
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 3375 would allow U.S. citizens who were victims of
the bombings of United States embassies in East Africa on August 7,
1998, or their surviving family, to receive the same compensation as
the victims of the September 11 terrorist attacks.
The September 11 Victim Compensation Fund Act of 2001 created a
compensation program administered by the Attorney General, through a
Special Master, for people killed or injured as a result of the
September 11 terrorist attacks.
On August 7, 1998, agents of Osama bin Laden orchestrated near
simultaneous vehicular bombings of the United States embassies in
Nairobi, Kenya,
[[Page H2682]]
and Dar Es Salaam Tanzania. Twelve American Government employees and
family members were killed and several others were injured as a result
of these bombings.
Mr. Speaker, H.R. 3375, the Embassy Employee Compensation Act,
directs the Attorney General to provide compensation for those American
government employees and family members through the Special Master
appointed to administer the September 11 Victim Compensation Fund of
2001. The bill would authorize payments under the same standards for
payments that are applied to people receiving payment under the
September 11 fund. In the case of a deceased individual, the bill would
allow relatives of that individual to be compensated under the same
standards as well.
Mr. Speaker, H.R. 3375 is a matter of fairness and equity. It allows
victims of the bombings of the U.S. embassies access to the same
compensation system available to those killed or injured during the
September 11 attacks in the United States by agents of Osama bin Laden.
Mr. Speaker, I reserve the balance of my time.
Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to thank both the gentleman from Wisconsin
(Mr. Sensenbrenner) and the gentleman from Missouri (Mr. Blunt) for
helping to rescue this legislation. There have been several
unsuccessful attempts over the past 4 years to recognize and compensate
the families of those who lost their loved ones.
Mr. Speaker, I rise as an original cosponsor in support of H.R. 3375,
because this bill provides much-needed, but long-delayed, compensation
for the victims of U.S. embassy bombings several years ago.
In 1998, two U.S. embassies were bombed in Africa, one in Kenya and
one in Tanzania. Agents of Osama bin Laden orchestrated these bombings,
costing the lives of over 220 persons, including 12 American citizens.
These attacks represent attacks against America and need our attention.
As we all know, embassy personnel are often targeted because they
represent the United States in a foreign country. The families of those
victims have never been compensated. While foreign service officers
assume a reasonable level of risk in accepting a foreign assignment,
they should not have to bear the burden of murder at the hands of
terrorists without compensation for their surviving families.
The fact that those families have, to date, received no compensation
is even more alarming in light of the fact that the families of those
killed in the accidental bombing of the Chinese embassy in Serbia in
1999 received $1.5 million each. I agree with the United States
decision to provide compensation for these families, but we must not
neglect the families of Americans lost in Kenya and Tanzania.
Regrettably, in East Africa the State Department failed to comply
with its own regulations to warn embassy personnel that intelligence
information confirmed the existence of active terrorist activity in
that area. The State Department also disregarded the repeated requests
of the Kenya ambassador for greater security to protect the embassy and
its personnel. It is a travesty that these disregards of policy may
have contributed to a loss of American life. It is a shame that we have
not acted sooner to compensate these families.
This bill will provide that the embassy bombing victims will receive
compensation on the same basis as compensation is provided to victims
of the September 11 terrorist attacks. They would go through the
process administered by the Special Master that is used by all victims
of the September 11 terrorist attacks.
Any person filing a claim under H.R. 3375 would waive all rights to
civil suit in Federal or State court, except as to suits to collect
collateral source obligations such as life insurance, pension funds,
and death benefits. Any award received under the fund will be reduced
by any other amount of compensation of the claim it has received or is
entitled to receive as a result of the bombings.
Mr. Speaker, I urge my colleagues to support this bill. It provides a
logical approach to this long-awaited compensation.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield 5 minutes to the gentleman
from Missouri (Mr. Blunt), the distinguished deputy majority whip.
Mr. BLUNT. Mr. Speaker, I thank the chairman for yielding me this
time and for bringing this bill to the floor today. I also want to
thank the gentlewoman from California (Ms. Waters), my good friend, for
her comments about this bill and her support of this bill, and the
gentleman from Maryland (Mr. Wynn), who, along with me, initiated this
legislation. We were joined by over 40 of our colleagues as we look at
one of the real forgotten results of the terrorism of Osama bin Laden.
This is the same group that attacked our citizens on September 11. It
is led by the same person. They took credit for these embassy bombings.
These embassies, as all embassies anywhere in the world, are considered
U.S. territory, American soil. So Americans were killed on American
soil. Al Qaeda and Osama bin Laden immediately came to the forefront
and took credit for what happened in Kenya and what happened in
Tanzania, what happened that ripped the lives of the families of these
12 individuals apart, just as what happened on September 11 ripped the
lives of families apart in ways that can never be fully compensated.
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What we do in this legislation is respond in a way that is fair,
respond in a way that is equitable, respond in a way that I believe to
be appropriate, as August 7, 1998, is exactly analogous to September
11, 2001. It did not affect Americans in the same way at the moment
because it was not next door, it was halfway around the world; but it
was halfway around the world on American soil. It was halfway around
the world with cowardly terrorists who immediately stepped forward to
say, We did this and we are proud of it. It was halfway around the
world because our country and our citizens were targets.
From my district, Army Staff Sergeant Kenneth Hobson, the son of
Kenneth and Bonnie Sue Hobson of Lamar, Missouri, was a victim of this
attack.
One of my daughter Amy's law school classmates, Edith Bartley, lost
her father and her brother in these bombings; and since a time shortly
after the bombings many of us have talked with the victims' families
about what we could do and what we could encourage the State Department
to do.
Prior to September of last year, there was no formula in place for
this exact same kind of incident. This is only fairness to include
these 11 families, 12 victims from 11 families, and others who were
injured in what happened, other Americans who were injured in what
happened at these two embassies, to include them under the same
compensation review that we created last September.
There is no reason for these families to have to go to court unless
they choose to go to court. That is available to all the families from
September 11, and it is available to these families, as well; but this
gives families an opportunity to have some appropriate compensation
without having to once again challenge their lives by needlessly going
to court, having to prove that there is some damage by some institution
when we know who the damage is from. The damage was from al Qaeda, and
the damage was from Osama bin Laden.
This treats these 11 families and others of injured Americans exactly
as we are treating the families that were affected by September 11. We
did not do it as quickly, but hopefully we will do it as well.
Families who have a case in court today can say, if they choose to, I
want to walk away from this case in court. I want to go to the Special
Master. All we want is fairness and equity. We want to get on with our
lives, but we also want to do that with a government that appreciates
the lives of Americans representing their country overseas who gave
their lives in a cowardly attack on Americans at work representing us
on August 7, 1998.
I am, again, grateful to all those who have worked to get this to the
floor today. I urge my colleagues to vote for it. I appreciate all my
colleagues who have joined with me as cosponsors to try to bring equity
and fairness to these families, and that will be the result of this
debate today, I hope.
[[Page H2683]]
Ms. WATERS. Mr. Speaker, I am pleased to yield 2 minutes to the
gentlewoman from Texas (Ms. Jackson-Lee).
Ms. JACKSON-LEE of Texas. Mr. Speaker, I thank the gentlewoman for
both her leadership and her persistence in the effort, along with the
sponsors of the bill, the chairman and ranking member on this
legislation.
Mr. Speaker, this legislation came through the Subcommittee on
Immigration and Claims of the Committee on the Judiciary, on which I
serve as ranking member; and I realize the journey it has had to
travel. I want to applaud the persistence, as I said earlier, of the
gentlewoman from California (Ms. Waters), but particularly I want to
emphasize that this is a question of equity and fairness. I saw the
tears and the pain of the families who came before us, who had lost
their loved ones in the tragic event, I guess sort of the indicator of
what might come, the tragedy of the bombings of the embassies in Kenya
and Tanzania.
We were somewhat unfamiliar with this kind of assault on American
lives, and I believe this legislation, H.R. 3375, says two things:
first, that there is no unequal American under the sun; and as our
hearts go out to the victims of September 11, we could do no less in
providing a master procedure for these families, some of whom or one
particular young lady who lost a father and a brother. I will never
forget Edith Bartley, a constant fighter helping to bring justice to
these families. She constantly came to present her case, not only for
her family, but on behalf of the families of all of the victims.
We know that the notice, if you will, the information did not descend
to the ambassadors of those particular embassies to realize that there
was some indication of an attack. We now know that Osama bin Laden has
his hand everywhere. Whether he lives or not, he lives to do terrible,
horrific, and deadly crimes. Because he lives to do that, we must stand
with those who have suffered.
So I ask my colleagues to support this out of fairness. I do want to
note that the monies given to those who lost their lives in the
accidental bombing of the Chinese embassy got $1.5 million. We can do
no less for these particular Americans.
I want to again applaud those whose initiative kept this legislation
in the forefront of the legislative agenda. I ask my colleagues to
unanimously support H.R. 3375.
Mr. Speaker, I rise to support H.R. 3375. This legislation would make
whole the victims of the bombings at the U.S. Embassy in Nairobi,
Kenya, and of the U.S. Embassy in Dar es Salaam, Tanzania, on August 7,
1998. The legislation is a form of equity for more than 260 persons
killed in these bombings. The measure would apply the same system to
pay for the Africa bombing victims as the methods used to compensate
families of victims of the September 11 suicide attacks.
Since the September 11 attacks, victims of the Africa bombing victims
have noted the discrepancies between their compensation and that given
to families of September 11 victims and themselves. Under the
legislation, the Africa bombing victims and families--who have not
received Federal compensation to date--could receive money determined
by a special master who would figure the amounts. In turn, families
would forego their rights to sue for punitive damages.
Let us pass this bill and provide the aid that we should have done
earlier.
Ms. WATERS. Mr. Speaker, I am pleased to yield 2 minutes to the
gentleman from Virginia (Mr. Scott).
Mr. SCOTT. Mr. Speaker, I thank the gentlewoman for yielding time to
me.
Mr. Speaker, I rise in strong support of H.R. 3375, the Embassy
Employee Compensation Act. The acts of terrorism against United States
citizens and other innocent persons unfortunately did not begin on
September 11. In 1998, the U.S. embassies in Kenya and Tanzania were
bombed and destroyed by terrorists associated with al Qaeda and Osama
bin Laden. U.S. citizens and many Kenyan and Tanzanian residents were
killed in these bombings. This bill would allow those victims to be
treated the same way as other victims of the same terrorist
organization on September 11.
This bill goes a long way to try to close a sad incident in our
history; but this bill would not have become a reality without the work
of Edith Bartley, and I would like to take a moment to recognize her
efforts.
In 1998, Ms. Bartley's father, Julian Bartley, Sr., was a counsel
general in the Kenyan embassy. Her younger brother, Julian Bartley,
Jr., was interning in the Kenyan embassy that summer. Both were killed
during that bombing.
In the memory of all of the victims of those bombings, Edith Bartley
started a campaign to remember and pay tribute to them. She was the
driving force behind the bill we are considering today, which would
treat the victims of the two embassy bombings in East Africa and their
families the same way as our other more recent victims of the same
terrorist organization.
I would like to commend and recognize the gentlewoman from California
(Ms. Waters) for her hard work on this bill, and also the chairman of
the Committee, the gentleman from Wisconsin (Mr. Sensenbrenner), for
his efforts in passing the bill. There are many others who are
associated with the bill that we would also like to thank.
But on this day, when we remember all of the victims of the embassy
bombings, we reaffirm our commitment to treating all of our victims of
terrorism and their families equally. I urge my colleagues to support
the bill.
Ms. WATERS. Mr. Speaker, I am pleased to yield 4 minutes to the
gentleman from Florida (Mr. Boyd), a gentleman who has worked very hard
and has several constituents that were lost in that bombing.
Mr. BOYD. Mr. Speaker, I thank the gentlewoman for yielding time to
me. I want to thank the gentleman from Wisconsin (Mr. Sensenbrenner),
along with the gentlewoman from California (Ms. Waters), for their
efforts to get us to this point today, and also thanks to the gentleman
from Missouri (Mr. Blunt) and the gentleman from Maryland (Mr. Wynn)
for their efforts on behalf of this legislation.
As an original cosponsor of this legislation, I am honored to speak
in support of H.R. 3375. We have heard a lot about why we have the
legislation and what it does, so what I want to do is I would like to
focus my comments on telling Members a little bit about two of the 12
Americans that gave their lives on behalf of our country on that day,
on August 7, 1998. Both of these service people, these servants,
American servants, were killed in Nairobi, Kenya.
Air Force Master Sergeant Sherry Lynn Olds of Panama City has often
been described by friends and family as very independent, industrious,
caring, and thoughtful. She joined the Air Force after graduating from
junior college, followed in the footsteps of her father, who is a
retired civil servant.
According to her mother, Sergeant Olds had at least two ambitions:
she wanted to see the world, and she wanted to finish her education.
Sergeant Olds did both, eventually receiving a degree from the
University of South Carolina. She had been assigned to the embassy in
Kenya for 1 year, and had just returned to Nairobi in June, 1998, after
spending 2 months attending the NCO school in Alabama. This course
would make Sergeant Olds eligible for an eventual promotion to achieve
Master Sergeant.
At the time of her death, she was assigned to the Air Force Security
Element at the embassy in Kenya, and was 40 years old. Sergeant Olds is
survived by her parents, Delbert and Mary Olds of Panama City.
Marine Sergeant Jesse N. Aliganga of Tallahassee was born in Oakland,
California, and grew up in Pensacola, Florida. He was an energetic and
ambitious young man who liked drawing, reading, Greek mythology,
playing the saxophone in his high school band, and collecting comic
books.
Sergeant Aliganga had wanted to make sergeant in his first tour of
duty in the Marine Corps, and he accomplished that goal in July of
1998. He had recently signed a 30-month extension in the service to
become an embassy guard.
After postings in Okinawa, Japan, and Camp Pendleton, California,
Sergeant Aliganga completed the security guard school in Quantico,
Virginia, and was sent to Nairobi. At the time of his death, he was
assigned to the Marine Security Unit at the embassy in Kenya and was 21
years old. Sergeant Aliganga is survived by his mother, Clara, and his
sister, Leah Colston, both of Tallahassee.
In light of the attacks of September 11, Mr. Speaker, this is
obviously a
[[Page H2684]]
very painful and difficult time for many of these families that were
affected by past terrorist attacks. Several of us in Congress have been
trying for the past 3 years to enact a just-compensation system for the
families of the embassy bombings.
I am grateful, again, to the gentleman from Wisconsin (Mr.
Sensenbrenner), the gentlewoman from California (Ms. Waters), and the
gentleman from Missouri (Mr. Blunt), and my other colleagues here today
for coming together and devising a system that will simply use the
process that is in place for the victims of the attacks on the World
Trade Center and the Pentagon.
It is only fair, given that the evidence for responsibility of these
horrible events points to Osama bin Laden and the al Qaeda network,
that the victims of the attacks on our embassies and the victims from
New York, Pennsylvania, and Virginia are treated equally.
Therefore, I urge my colleagues to vote for H.R. 3375.
Ms. WATERS. Mr. Speaker, I am pleased to yield 2\1/2\ minutes to the
gentleman from Maryland (Mr. Wynn), another gentleman who has worked
very hard.
Mr. WYNN. Mr. Speaker, I thank the gentlewoman for yielding me this
time.
Mr. Speaker, let me begin by also thanking her for her leadership in
this very important effort. I would also like to thank the gentleman
from Wisconsin (Mr. Sensenbrenner) for his outstanding work, but I
would particularly like to note the work of the gentleman from Missouri
(Mr. Blunt) in making this legislation possible and in getting it to
the floor today.
Mr. Speaker, as we compensate the many families who have suffered and
lost loved ones on September 11, we must never forget the American
families who lost loved ones in the African embassy bombings.
On August 7, 1998, two truck bombs exploded minutes apart, killing
224 people at the U.S. embassies in Nairobi, Kenya, and Dar es Salaam,
Tanzania. The victims of the embassy bombings were killed by a madman
under the same cold-blooded direction that resulted in the deaths of
thousands of people on September 11: Osama bin Laden and his terrorist
network.
I strongly support H.R. 3375, the Embassy Employee Compensation Act,
which would allow the American family members of the African embassy
victims to receive compensation under the same procedure provided for
the families of the victims from the September 11 attacks.
The September 11 Victims Relief Fund was authorized under the
aviation bailout bill enacted in September. Under that bill, the
victims or the families of those killed may apply for tax-free relief
from the Federal Victims Compensation Fund.
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Like the September 11 Victims Compensation Fund, the African Embassy
Victims Compensation Act would authorize a special master established
by the current victims' funds to consider appropriate compensation for
the families of embassy victims under the same process as the families
of the victims of September 11.
Three embassy bombing victims with strong ties to Maryland lost their
lives in the horrific bombing in Nairobi, Kenya. Jean Dalizu, age 60,
was an executive assistant in the U.S. Liaison's Office killed in the
embassy. She is survived by her son, Lawrence Hicks, a resident of
Capital Heights, Maryland, in my district. Two victims from Bowie,
Maryland, Consul General Julian Bartley, 55, and his son, Jay Bartley,
20, were killed in the embassy as well. Mr. Bartley had 3 decades of
government service in several countries and his son was working in the
embassy during the summer. Mr. Bartley had also worked as a
congressional fellow on Capitol Hill which is where I met him.
I urge my colleagues to vote in favor of H.R. 3375. We must do
everything to assist the families of the African embassy bombings.
While monetary compensation will not bring back the lives of loved
ones, it will help families move forward. This is a case of fairness,
equitable compensation but, most importantly, it is a case of
compassion.
Ms. WATERS. Mr. Speaker, how much time is remaining?
The SPEAKER pro tempore (Mr. Linder). The gentlewoman from California
(Ms. Waters) has 6 minutes remaining.
Ms. WATERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from
California (Ms. Lee) who has worked hard on this issue.
Ms. LEE. Mr. Speaker, I rise in strong support of H.R. 3375.
Mr. Speaker, it has been 4 years since the Kenyan and Tanzanian
embassy bombings and it is long past the time that the United States
compensates the individuals or the families of those who were injured
or killed in the bombings. This is way overdue and I thank the
gentlewoman from California (Ms. Waters) for her leadership.
These individuals and families will forever suffer. This is the least
that we should do. As we seek to compensate the embassy employees, the
United States must not forget over 4,000 Tanzanian and Kenyan nationals
who were also injured in the embassy bombings. These foreign nationals
were a productive part of their countries' labor force. Now many of
them also have been injured so severely that they are physically unable
to contribute to their communities or provide for their own livelihood.
I am introducing legislation that would provide relief for those
individuals and urge my colleagues to join us also in supporting the
African nationals who have been equally affected by the embassy
bombings. Once again, I thank my colleague from California for her
persistence and steadfastness in working in a bipartisan way. I thank
the gentleman from Wisconsin (Mr. Sensenbrenner) for working together
to make sure that this legislation came to the floor.
Ms. WATERS. Mr. Speaker, I yield 2 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 act and hope
that it will be administered very much in the same way that the Victims
Compensation Act that already exists is administered.
I think the Victims Compensation Act that we passed several months
ago was a great landmark for America, a great landmark in terms of
celebrating the spirit of the Great Angels. I think I have said before
that there is a schizophrenic personality in our Nation, the Great
Angels and the Giant Scrooges. The Giant Scrooges' spirit is expressed
in the fact that we sometimes demonize welfare mothers and children and
we refuse to pass a minimum wage bill. On the other hand, we do have
great generous acts that are unparalleled in history, and throughout
the world you will find people no more generous than Americans and
America as a nation. I think the Victims Compensation Act that was
passed in connection with the September 11 tragedy was an example of
that generosity.
The formulas that were worked out by the master for that should stand
for all time, and it should be the pattern. There are people who have
some difficulties with certain aspects of it but they are working it
through.
And, finally, I hope we will have a pattern that we can use in the
future and we will not have a situation where the victims of the
embassy bombings in Kenya and Tanzania have had to wait for 4 years to
get a hearing on the floor of Congress, and even now it is not certain
what the procedure will be.
Let us let the Great Angels spirit that prevails in the case of
September 11 victims stand for all time as an example of how generous
our Nation can be, recognizing that all Americans are in this together.
And when we make sacrifices, we are willing to take care of those who
are left behind.
Ms. WATERS. Mr. Speaker, I yield myself such time as I may consume.
The SPEAKER pro tempore. The gentlewoman from California (Ms. Waters)
is recognized for 2\1/2\ minutes.
Ms. WATERS. Mr. Speaker, I have no other speakers and I would just
like to say in closing that this is one of our finer moments. We have a
lot of problems in our society and there are many of us who are
oftentimes criticizing this body and even some of our colleagues; but
it is moments like this that help you to understand that no matter how
long it takes, no matter
[[Page H2685]]
how difficult it is, that if we are persistent we can indeed do the
right thing.
I would like to thank one young lady who is not a Member of this
House, who happens to be the daughter of and the sister of two of the
victims, Miss Edith Bartley. She worked so very hard. She never gave
up. She went from Member to Member to Member, telling the story over
and over again. And whenever we had a failed attempt in some committee,
she never despaired. She came back and she would start all over again.
So I am delighted, Mr. Speaker, that on this day on the floor of this
House we have the opportunity to pass this legislation that will take
care of those bombings that took place in Africa 4 years ago. That was
the tip of the iceberg for the work of Osama bin Laden and al Qaeda.
And I guess if we had been wise enough, if we had been visionary enough
to be able to follow what was happening and to connect the dots,
perhaps things would have been a little bit different here in the
United States. But let me just say today we kind of make up for the
long wait for the families of those victims. And in saying that, again,
I would like to thank the gentleman from Wisconsin (Mr. Sensenbrenner)
for his leadership. He did not have to take this bill up. He did. And
he provided assistance to all of us. I would like to thank my
colleague, the gentleman from Missouri (Mr. Blunt) and all of the other
Members who are original co-sponsors and who have worked so hard to
make sure there is some justice for these families.
Mr. Speaker, I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself the balance of my
time.
Mr. Speaker, this bill is a matter of simple equity. That is to give
the United States citizens who are the victims of the al Qaeda strike
in East Africa in 1998 the same rights to get funds from the special
master as those who are the victims of the al Qaeda strikes on
September 11 in New York City and at the Pentagon.
Now, perhaps the al Qaeda strikes in East Africa went under the radar
screen with most Americans as well as many Members of Congress. But
those two embassy properties, one in Nairobi, Kenya, and the other in
Dar es Salaam, Tanzania, are just as much the sovereign territory of
the United States of America as the land on which the World Trade
Center rested and the land on which the Pentagon rests today. So
passing this bill will mean that we do not have different strokes for
different folks depending upon whether the people were killed by al
Qaeda in East Africa or whether they were in New York City or in
Northern Virginia. So, as a matter of equity, as a matter of fairness,
and as a matter of preventing different strokes from happening for
different folks, I would urge the passage of this bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the
rules and pass the bill, H.R. 3375.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SENSENBRENNER. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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