Directs the Attorney General, acting through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer the program, requiring determinations of claims within 120 days and payment within 20 days of determination. States that such determinations are final and not subject to judicial review.
Limits claims to one per injured person or decedent and excludes claimants from pursuing civil action for damages, as specified.
Grants the United States the right of subrogation with respect to any claim paid by the United States under this Act.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3633 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 3633
To provide compensation for the United States citizens or legal
permanent residents who were victims of the bombing of the Murrah
Federal Building in Oklahoma City, Oklahoma, on April 19, 1995, on the
same basis as compensation is provided to victims of the terrorist-
related aircraft crashes on September 11, 2001.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2002
Mr. Traficant introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide compensation for the United States citizens or legal
permanent residents who were victims of the bombing of the Murrah
Federal Building in Oklahoma City, Oklahoma, on April 19, 1995, on the
same basis as compensation is provided to victims of the terrorist-
related aircraft crashes on September 11, 2001.
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 ``Oklahoma City Victims Compensation
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) on April 19, 1995, Public Law 100-440 set a minimum
staffing level of Federal Police Officers at 1,000 Full Time
Equivalent personnel for the Federal Protective Service;
(2) on April 19, 1995, and before the Federal Protective
Service and its parent agency the General Services
Administration was charged with providing security and law
enforcement for Federal properties;
(3) on April 19, 1995, and before that the Federal
Protective Service failed to meet the required minimum staffing
level by a significant margin in excess of 60 percent of the
mandate;
(4) on April 29, 1995, and before the Federal Protective
Service provided only one non-law enforcement guard for three
or more buildings (including the Murrah Federal Building) in
the downtown area of Oklahoma City;
(5) on April 19, 1995, and before the Federal Protective
Service and its parent Agency the General Services
Administration were aware of the noncompliance with Public Law
100-440 and the possible liabilities resulting therefrom;
(6) on April 19, 1995, and before the Federal Protective
Service and its parent Agency the General Services
Administration failed to provide adequate protection and
deterrence to Federal properties; and
(7) on April 19, 1995, the Federal Protective Service and
its parent agency the General Services Administration were
negligent in the provision of law enforcement personnel and the
security needs of the Murrah Federal Building in Oklahoma City,
Oklahoma.
SEC. 3. 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 the Murrah
Federal Building on April 19, 1995.
(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 individuals.--The term ``eligible
individuals'' 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), 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. XX)).
SEC. 4. 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 bombing of the Murrah Federal
Building in Oklahoma City, Oklahoma, on April 19, 1995.
SEC. 5. 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. 6. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
(a) Filing of Claims.--
(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 bombing of
the Murrah Federal Building in Oklahoma City,
Oklahoma, on April 19, 1995;
(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 8.
(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.
(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 or legal
permanent resident who--
(i) was present at the Murrah Federal
Building or within a two block radius of the
Murrah Federal Building, at the time, or in the
immediate aftermath, of the bombing of the
Murrah Federal Building in Oklahoma City,
Oklahoma, on April 19, 1995; 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 bombing of
the Murrah Federal Building in Oklahoma City,
Oklahoma, on April 19, 1995. The preceding
sentence does not apply to a civil action to
recover collateral source obligations or
punitive damages.
(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. 7. 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. 8. 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. 9. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Claims.
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