[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.

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