The Fayette Citizen-News Page
Wednesday, August 11, 1999
Collins Black Hawk bill goes to House floor

The House Judiciary Committee has approved legislation introduced by U.S. Rep. Mac Collins, R-Hampton, to address a tragedy that occurred April 14, 1994 when two U.S. Army Black Hawk helicopters transporting foreign and U.S. personnel over Iraq were shot down by two U.S. Air Force F-15's.

Among the casualties were Capt. Patrick McKenna of Columbus, Ga.; 13 other American service members; one American Foreign Service officer; and 11 foreign nationals.

The 3rd District congressman testified before members of the Judiciary Subcommittee on Immigration and Claims earlier this year, “I am here today to support the families of 15 Americans who made the ultimate sacrifice serving their country. Rather than honor the memories of the Americans whose lives were cut tragically short, our government has focused its concern and resources on the foreign victims of the incident.”

Collins stated, “The families of foreign victims of this disaster received not only great attention and responsiveness from our government, but also received unprecedented compensation from the U.S. Treasury. The American families, whose loved ones sat side by side on the same humanitarian mission with the foreign nationals, received no such consideration or compensation.”

According to the Department of Defense, the American families were denied compensation as a result of a 1950 Supreme Court decision, which stated that no legal basis exists for a member of the Armed Forces to receive federal compensation for death or injury that is “incident to service.”

However, in a brief prepared on this issue, the Department of Defense has acknowledged that payment to foreign nationals for losses incident to military service would be contrary to the Supreme Court decision.

After the Judiciary Committee approved the measure, Collins stated, “I introduced HR 456 to insure that the American families who were victims of the shootdown receive the same benefits already provided to the foreign families. I congratulate the Judiciary Committee for acting in the interests of equity and justice.”

Collins continued, “I believe it is unconscionable that our American government, particularly the Department of Defense, provided benefits to foreign nationals that are not even offered to our own U.S. service members who have made the ultimate sacrifice for our country. Today we took another step toward setting our priorities straight. I look forward to bringing this legislation to the House floor for final approval in the near future.”


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