[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.

                              {time}  1145

  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.

                              {time}  1200

  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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