[Congressional Record Volume 153, Number 148 (Tuesday, October 2, 2007)]
[House]
[Pages H11096-H11099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FOREIGN SERVICE VICTIMS OF TERRORISM ACT OF 2007
Mr. PAYNE. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 2828) to provide compensation to relatives of United States
citizens who were killed as a result of the bombings of United States
Embassies in East Africa on August 7, 1998, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2828
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 ``Foreign Service Victims of
Terrorism Act of 2007''.
SEC. 2. DEATH GRATUITY.
Section 413 of the Foreign Service Act of 1980 (22 U.S.C.
3973) is amended--
(1) in subsection (a), in the first sentence, by striking
``at the time of death'' and inserting ``at level II of the
Executive Schedule at the time of death, except that in the
case of foreign national employees, foreign nationals
appointed under section 303, and locally employed staff the
amount shall be equal to one year's basic salary at the
highest step of the highest grade on the local compensation
plan of the country in which the foreign national or locally
employed staffer was being paid'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection:
``(d) In addition to a death gratuity payment under
subsection (a), the Secretary or the head of the relevant
United States Government agency is authorized to provide for
payment to the surviving dependents of a Foreign Service
employee or a Government executive branch employee, if such
Foreign Service employee or Government executive branch
employee is subject to the authority of the chief of mission
pursuant to section 207, of an amount equal to a maximum of
eight times the salary of such Foreign Service employee or
Government executive branch employee if such Foreign Service
employee or Government executive branch employee is killed as
a result of an act of international terrorism. Such payment
shall be accorded the same treatment as a payment made under
subsection (a). For purposes of this subsection, the term
`act of international terrorism' has the meaning given such
term in section 2331(1) of title 18, United States Code.''.
SEC. 3. PAYMENTS TO FAMILIES OF CERTAIN VICTIMS OF TERRORISM.
Subject to the availability of appropriations specifically
for the purpose specified in this section as provided in
appropriations Acts enacted on or after October 1, 2007, and
notwithstanding any other provision of law, the Secretary of
State shall pay the maximum amount of payment under section
413(d) of the Foreign Service Act of 1980 (as amended by
section 2(3) of this Act) to an individual described in such
section 413(d) or to an individual who was otherwise serving
at a United States diplomatic or consular mission abroad
without a regular salary who was killed as a result of an act
of international terrorism (as such term is defined in
section 2331(1) of title 18, United States Code) that
occurred between January 1, 1998, and the date of the
enactment of this Act, including the victims of the bombing
of August 7, 1998, in Nairobi, Kenya. Such a payment shall be
deemed to be a payment under section 413(d) of the Foreign
Service Act of 1980, except that for purposes of this
section, such payment shall, with respect to a United States
citizen receiving payment under this section, be in an amount
equal to ten times the salary specified in this section. For
purposes of this section and section 413(d) of such Act, with
respect to a United States citizen receiving payment under
this section, the salary to be used for purposes of
determining such payment shall be $94,000.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Payne) and the gentleman from Texas (Mr. Poe) each will
control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PAYNE. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PAYNE. Mr. Speaker, I yield myself such time as I may consume.
I rise in strong support of this bill. The legislation before us
recognizes one of the most tragic and unfortunate incidents in the
history of the Department of State. It has been more than 9 years since
the brutal bombings of our embassies in Kenya and Tanzania occurred.
Twelve Americans perished in these terrorist attacks, and many other
foreign nationals did in both of the attacks. These murders marked the
true beginning of the war on terror, when al Qaeda targeted innocent
Americans abroad merely because of their association with our great
country.
Of those twelve victims, five were foreign service officers including
Julian Bartley, Sr., the Deputy Chief of Mission, and his young son who
was interning at the Embassy when al Qaeda struck. I had visited the
Embassy just several weeks before and had a conversation with Julian
and knew him personally even as he worked here on the Hill before going
to Kenya.
It was later determined in an official accountability report that the
security arrangements at the Nairobi Embassy were inadequate, as were
the State Department's risk assessment procedures. The Nairobi Embassy
was not classified as a hardship post. It was maddening to learn that
the Ambassador in Nairobi had pleaded with the Department for
additional security measures, but to no
[[Page H11097]]
avail. Worse, upon returning to the United States, many of the
relatives of those killed were treated dismissively by the Department
of State. The expression ``pouring salt on a wound'' does not do
justice to the bureaucratic manner in which the government addressed
the relatives' claims. It was truly a disgrace.
The families of the victims are still awaiting sufficient
compensation. The fact that this tragedy occurred so far away should
not undermine the care given to the victims' families, whose lives will
be forever altered by this incident. No amount of money will bring back
those loved ones. However, in cooperation with Representative Jackson,
our committee is making an effort to ensure that the families have some
added degree of comfort.
The bill is also intended to send a message to the State Department:
protect your employees; and God forbid, if incidents like this occur
again, be attentive and sensitive to the families.
This legislation will create a new program whereby the Secretary of
State or the head of a relevant agency may compensate the relatives of
a U.S. Government employee killed in an act of international terrorism
up to eight times the individual's salary. The program would include
foreign service nationals. It will also require the Secretary of State
to retroactively compensate those U.S. Government employees killed in
an act of terrorism since 1998, which would include the 12 victims in
the Nairobi attack. Those victims will receive an award commensurate
with the total aid package available to a victim of terror today under
this amendment.
It saddens me that such legislation is necessary, but I am heartened
that perhaps this legislative act will bring some small degree of
closure to the families of the Nairobi bombing victims.
I urge my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. POE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, on August 7, 1998, American embassies in Nairobi, Kenya
and Dar es Salaam, Tanzania were the target of almost simultaneous
terrorist bombings, killing hundreds and wounding thousands of people.
Among those killed were 12 American Embassy employees and dozens of
foreign service nationals. These public servants paid with their lives
while performing their duties, and it is our responsibility to ensure
that their families receive proper compensation.
I strongly support H.R. 2828, introduced by my distinguished
colleagues Congressman Jackson and our Republican whip, Roy Blunt,
which provides compensation to the families of the United States
Embassy employees who perished due to acts of international terrorism.
This bill increases the death gratuity for foreign service officers
and foreign national employees. It also authorizes additional
compensation to family members of foreign service employees or
government executive branch employees killed as a result of an act of
international terrorism. It also requires the Secretary of State to
provide compensation to foreign service employees killed in an act of
international terrorism that occurred from 1998 to the date of the
enactment of this act, including the victims of the Nairobi bombing.
I urge all my colleagues to support this bill and provide proper
compensation to the families of the United States Embassy employees
killed by brutal acts of international terrorism.
Mr. Speaker, I reserve the balance of my time.
Mr. PAYNE. Mr. Speaker, I would like to thank the majority whip, Jim
Clyburn, who assisted greatly in helping to move this bill forward
through the Congress; and others, Sheila Jackson-Lee, who had a very
strong interest in this legislation. We had been dealing with this for
some time, ever since the tragedy occurred; and we have been looking
forward to a vehicle that we could bring this very important
legislation forward.
{time} 1230
And so we really are appreciative of the fine work of Mr. Clyburn and
the principal sponsor of the legislation in the Appropriations
Committee, Representative Jesse L. Jackson, Jr., Second District of
Illinois, a member of the Appropriations Committee, who put in tireless
effort to bring this legislation forward.
Mr. Speaker, I yield as much time as he may consume to the gentleman
from Illinois.
Mr. JACKSON of Illinois. I thank you, Chairman Payne, for the time.
Mr. Speaker, I rise in strong support of H.R. 2828, a bill to
compensate relatives of U.S. citizens killed in the 1998 embassy
bombings in Kenya and Tanzania.
I introduced this bill with Republican Whip Roy Blunt, and it has
solid bipartisan support, including 19 members of the Foreign Affairs
Committee.
On August 7, 1998, an al Qaeda truck bomb exploded at the American
embassies in Dar es Salaam, Tanzania and in Nairobi, Kenya. The embassy
bombing in Nairobi killed 12 Americans serving their government. The
Americans killed in the embassy bombings were, and Mr. Blunt will now
join me in calling their names, Sergeant Nathan Aliganga, United States
Marine Corps; Consul General Julian Bartley; his son, Jay Bartley; Jean
Rose Dalizu; Molly Huckaby Hardy; Staff Sergeant Kenneth Hobson II.
Mr. BLUNT. I thank the sponsor of the bill for not only allowing me
to cosponsor it with him, but for allowing me today to assist and
recognize the 12 individuals whose lives were lost in this terrible
attack on our embassies. And let me do that now.
First of all, Prabhi Kavaler, Arlene Kirk, Dr. Louise Martin,
Michelle O'Connor, Master Sergeant Sherry Lynn Olds from the Air Force,
and Tom Shah.
Mr. JACKSON of Illinois. The State Department was negligent in not
responding to concerns raised about the danger and exposure of the U.S.
Embassy in Nairobi to a vehicle bomb attack. The U.S. intelligence
community had been surveilling several al Qaeda associates in Nairobi
for 2 years, yet that information was not shared with the diplomats
bidding on assignments in Nairobi, Kenya. Prior to the attack, then-
U.S. Ambassador Prudence Bushnell warned the State Department about the
vulnerability of the Nairobi Embassy and requested more security.
Members of al Qaeda were convicted of the bombing in New York Federal
District Court in 2001. Government witnesses at the trial testified
that intelligence and security reports from several different sources
had confirmed the presence of an al Qaeda cell in Nairobi and the
likelihood that the location of the embassy exposed the employees to an
attack given the proximity of the street, but the State Department
failed to act on these intelligence reports.
The Accountability Review Board, established to examine the facts and
circumstances surrounding the embassy bombings, found that the bombings
were the result of a ``collective failure of several administrations
and Congresses over the past decade to invest adequate efforts and
resources to reduce the vulnerability of U.S. diplomatic missions
around the world to terrorist attacks.''
Like the families of those killed on 9/11, the families compensated
in H.R. 2828 also suffer a similar heartache and pain from an al Qaeda
attack on U.S. soil. Several of the victims' children still suffer from
serious emotional problems. However, unlike quick action taken by
Congress and the executive branch to respond to the needs of families
of 9/11, these families have waited more than 9 years without any
meaningful compensation.
Former Secretary of State Albright has stated publicly that her
administration failed to help the families because the attacks happened
thousands of miles away and because the Department failed to respond to
the pre-attack intelligence report of the serious threat of the al
Qaeda organization in Nairobi and Dar es Salaam. Mr. Speaker, this bill
is the very least that a grateful Nation can do.
I would like to thank Republican Whip Roy Blunt and his staff member,
Brian Diffel, for working with us on this bill. I would also like to
thank CBC Chairwoman Kilpatrick and her staff member, James Williams;
Dan Burton and his staff member, Brian Fauls, as well as the committee
staff of Chairman Lantos, Chairman Payne and Ranking Member Ros-
Lehtinen for all the work they did on this bill.
[[Page H11098]]
I want to recognize the work of Karen Williams, counsel for the
Nairobi Embassy families, and especially Consul General Bartley's
daughter, Edith, who has brought this issue to the attention of the
Congress and has worked tirelessly to get us to where we are today.
Mr. Speaker, present with us today in the House are members of the
Bartley family, members of Ms. Kavaler's family, and members of the
Kirk family. And I understand that it's not appropriate or within House
rules to acknowledge specifically their location in the House Chamber,
but they are here today on this momentous occasion.
Thank you, Mr. Chairman, for the time. I urge an ``aye'' vote on H.R.
2828.
Mr. POE. Mr. Speaker, I yield such time as he may consume to the
distinguished minority whip, the gentleman from Missouri (Mr. Blunt),
the original cosponsor of this legislation.
Mr. BLUNT. I thank Mr. Poe for the good work he has done on this
legislation and the recognition today to be allowed to speak for a few
minutes.
On August 7 of 1998, al Qaeda launched a devastating and meticulously
coordinated attack on American people residing in foreign countries,
but on American soil because they were at our embassies. On that day,
12 Americans and 200 Kenyans were killed at the U.S. Embassy in
Nairobi, and another 11 lives were taken at Dar es Salaam, the former
capital of Tanzania.
Though other indications existed, these bombings represented the
clearest signs to date that Osama bin Laden had declared war on our
country and its people. It was a declaration that fell largely on deaf
ears, as my good friend, Mr. Jackson, just pointed out and has been
acknowledged by our government. Had we been paying closer attention to
that declaration, it's possible that we could have been more prepared
for the terrible attacks that day and those attacks that came just 3
years later.
The legislation before us today speaks to an issue I've been working
on since 2002 when, at the time, I introduced and the House passed the
Embassy Victims Compensation Act. At that time, my good friend Maxine
Waters was my cosponsor and an active advocate in dealing with this
issue, and the House as a whole stepped forward and dealt with this
issue, now 5 years ago. It was our first effort at that time to
recognize the profound sacrifices made by those Americans that have
been mentioned here today, and just as important, that their families
made and continue to make.
Today, we take a step toward completing the work this House started 5
years ago. The families of those who lost so much at the hands of al
Qaeda deserve this bill, and I'm proud to have been involved in it.
I would also like to especially thank Congressman Jesse Jackson, Jr.,
who has helped make this bill happen this year. He took up the mantle
of the hard work that needed to be done; he was tireless in insisting
that our Nation deal with this issue and deal with it now.
Along with Jesse Jackson, I would like to recognize the incredible
and patient work of Edith Bartley, who lost her father and her brother
in the Nairobi attack. For almost a decade now, she has worked to point
out the sacrifices made by our State Department personnel, as well as
some of the shortcomings of that agency's treatment of her family and
others both before and after the attacks.
Obviously, nothing we do today can replace those who were lost nearly
a decade ago, but I'm hopeful that this effort, if nothing else, will
demonstrate that we have not forgotten those who died in this horrific
attack. And we will never forget the enduring lessons that we've
learned from it.
Mr. PAYNE. I yield as much time as she may consume to the gentlelady
from the 35th District of California, chairperson of the Financial
Services Subcommittee on Housing and Community Opportunity,
Congresswoman Maxine Waters.
Ms. WATERS. Thank you very much for yielding this time to me,
Congressman Payne.
I rushed from my last appointment to be here because this is a day
that we have waited for far too long. And I certainly appreciate all of
the work that you have done, and certainly the work of Congressman
Jesse Jackson, Jr., and the work of Members on both sides of the aisle.
And Congressman Blunt is correct; we did coauthor this legislation I
think some 6 years ago, but we have only been able to stick with this
legislation because of one person, in my estimation, and that is Edith
Bartley. She has walked these halls. She has lobbied. She has educated
us. She has always been pleasant. She has been patient and cooperative.
You couldn't have a better daughter. You couldn't have a better child.
You couldn't have a better family member not only looking out for the
family, but for all of the families who have not yet been treated
fairly and compensated for what happened to them.
Mr. Speaker, as it was said, 9 years ago, on August 7, 1998,
terrorists affiliated with al Qaeda bombed United States Embassies in
Nairobi, Kenya and Dar es Salaam, Tanzania. These terrorist attacks
were one of the first warnings of the threat posed by al Qaeda, the
international terrorist organization that hijacked American airplanes
and attacked the World Trade Center and the Pentagon on 9/11 6 years
ago.
The embassy bombings in Nairobi killed over 200 United States Embassy
employees, 12 of whom were United States citizens, and injured
thousands more. The embassy bombing in Dar es Salaam, Tanzania killed
11 employees and injured over 80 people. The terrorist attacks of 9/11
killed nearly 3,000 innocent people.
The United States Government provided compensation to the families of
the victims of the 9/11 attacks. It is, therefore, entirely appropriate
that the United States be consistent and provide compensation to the
families of the victims of the embassy bombings in East Africa 3 years
earlier.
So, I urge all of my colleagues to support this bill. I offer my
apology and the apology of many others because it has taken so long. My
sympathies to the families of the victims of those embassy bombings, as
well as all of the victims of al Qaeda's acts of terror. Let us move
forward so that we can finally do the right thing.
Mr. PAYNE. Mr. Speaker, let me once again commend the combined effort
on both sides of the aisle.
As you know, this has been lingering ever since it occurred. I recall
meeting with the family, very devastated by the event, but I do recall,
too, that the manner in which the Department of State dealt with the
issue was in very, very poor taste.
The family persisted. And all of the families that suffered I'm sure
today are pleased that the recognition for what their family members,
those who joined the Foreign Service, those who said that they wanted
to contribute their careers to serving the United States of America on
foreign soils in diplomatic ways. And so we are extremely pleased that
this bill has finally come to fruition.
Once again, I, too, commend Ms. Bartley, who has been in my office
year in and year out in a pleasant and very persistent manner. As
Congresswoman Maxine Waters said, she is just a gem for anyone to have
as their daughter.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in strong support
of H.R. 2828, to provide compensation to relatives of United States
citizens who were killed as a result of the bombings of United States
embassies in East Africa on August 7, 1998. I would like to commend my
colleague, Congressman Jesse Jackson, Jr., for introducing this
important and long-overdue legislation, and I would like to thank the
Chairman of the Committee on Foreign Affairs, Congressman Lantos, for
his leadership on this important issue.
I have been pleased to work with Congressman Jackson, and to
cosponsor this bill, because I strongly believe that the relatives of
the victims of the 1998 East Africa bombings have gone too long without
the recognition and the compensation they need and deserve. I was also
pleased to work with the Chairman of the Committee, Congressman Lantos,
to ensure that these families receive what they deserve.
Mr. Speaker, as you are well aware, in 1998 simultaneous bombs
exploded at United States embassies in the East African capital cities
of Dar es Salaam, Tanzania, and Nairobi, Kenya. These attacks, which
killed hundreds of people, first brought international attention to
Osama bin Laden and his al Qaeda terrorist network, and stand out as
one of the worst anti-American terrorist attacks preceding September
11, 2001.
[[Page H11099]]
Mr. Speaker, nearly a decade later, the families of those victims who
died in these bombings still have not been compensated. In contrast,
after the catastrophic events of September 11, Congress acted
relatively quickly to set up the September 11 Victim Compensation Fund,
which paid out nearly $6 billion to 2,880 families of those injured on
that catastrophic day. We have shown compassion toward those affected
by terrorism, and we have shown that we can act with purpose and haste.
It is now time to finally act to compensate the families of those who
died in East Africa.
In the case of the Kenya bombings, a 2001 bipartisan review panel
found no negligence per se, but did find that there was an
``institutional failure . . . to recognize threats posed by
transnational terrorism and vehicle bombs worldwide.'' The intelligence
community had been monitoring several Al Qaeda associates in Nairobi
for 2 years. That information was not shared with the diplomats bidding
on assignments in Nairobi. Prior to the attack, then-Ambassador
Prudence Bushnell warned the State Department about the vulnerability
of the embassy and requested more security. Instead of properly
addressing Bushnell's concerns, State replied: ``go back to Nairobi,
don't send any more cables about this or we are going to place a
statement in your personnel file.''
After this cavalier treatment of embassy officials in Africa, many of
the relatives of those killed were treated dismissively by the State
Department upon returning to the United States. Instead of compassion
they found bureaucracy, and instead of recompense they found only red
tape. Now, 9 years later, those families are still awaiting sufficient
compensation. While no amount of money can bring back loved ones or
heal the wounds this act of terrorism caused, we must make an effort to
ensure that the families receive some degree of comfort.
This legislation would amend the Foreign Service Act to provide a
death benefit to all U.S. Government employees abroad in U.S.
diplomatic facilities who are killed in an act of international
terrorism. It would retroactively require the Secretary of State to
compensate those killed since 1998, including the Nairobi families, at
ten times the salary of the highest paid employee in the embassy.
Mr. Speaker, this legislation recognizes one of the most tragic and
unfortunate incidents in the history of the Department of State. We
have waited too long to bring recognition and compensation to the
families of those who perished in these tragic bombings. I am pleased
to have worked with these brave families to bring this legislation,
with a full compensation package, before the Committee today.
Mr. Speaker, I strongly support this legislation, and I urge my
colleagues to do the same.
Mr. POE. Mr. Speaker, I yield back the balance of my time.
Mr. PAYNE. 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 New Jersey (Mr. Payne) that the House suspend the rules
and pass the bill, H.R. 2828, as amended.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. PAYNE. 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.
____________________