Terrorism Victim Compensation Equity Act - Amends the September 11th Victim Compensation Fund of 2001 to provide compensation for the U.S. citizens who were victims of the bombings of United States embassies in East Africa on August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or the attack on the World Trade Center on February 26, 1993, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.
States that a claimant under this Act waives the right to file a civil action in any Federal or State court for damages sustained in the incident, except against a knowing participant in any conspiracy to commit any terrorist act. Exempts from such waiver any civil action to recover a collateral source obligation based on contract.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1728 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1728
To amend the September 11th Victim Compensation Fund of 2001 (Public
Law 107-42; 49 U.S.C. 40101 note) 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, the attack on the
U.S.S. Cole on October 12, 2000, or the attack on the World Trade
Center on February 26, 1993, on the same basis as compensation is
provided to victims of the terrorist-related aircraft crashes on
September 11, 2001.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 14, 2003
Mr. Specter (for himself, Mr. Allen, Ms. Snowe, Mrs. Clinton, Mr.
Leahy, Mr. Schumer, Mr. Cochran, Mr. Lautenberg, Mrs. Dole, Mr.
Bingaman, Mr. Miller, Mr. Daschle, and Mr. Dorgan) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the September 11th Victim Compensation Fund of 2001 (Public
Law 107-42; 49 U.S.C. 40101 note) 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, the attack on the
U.S.S. Cole on October 12, 2000, or the attack on the World Trade
Center on February 26, 1993, 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 ``Terrorism Victim Compensation Equity
Act''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered a
reference to the September 11th Victim Compensation Fund of 2001
(Public Law 107-42; 49 U.S.C. 40101 note).
SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS.
(a) Definitions.--Section 402(4) is amended by inserting ``,
related to the bombings of United States embassies in East Africa on
August 7, 1998, related to the attack on the U.S.S. Cole on October 12,
2000, or related to the attack on the World Trade Center on February
26, 1993'' before the period.
(b) Purpose.--Section 403 is amended by inserting `` or killed as a
result of the bombings of United States embassies in East Africa on
August 7, 1998, the attack on the U.S.S. Cole on October 12, 2000, or
the attack on the World Trade Center on February 26, 1993'' before the
period.
(c) Determination of Eligibility for Compensation.--
(1) Claim form contents.--Section 405(a)(2)(B) is amended--
(A) in clause (i), by inserting ``, the bombings of
United States embassies in East Africa on August 7,
1998, the attack on the U.S.S. Cole on October 12,
2000, or the attack on the World Trade Center on
February 26, 1993'' before the semicolon;
(B) in clause (ii), by inserting ``or bombings''
before the semicolon; and
(C) in clause (iii), by inserting ``or bombings''
before the period.
(2) Limitation.--Section 405(a)(3) is amended by striking
``2 years'' and inserting ``3 years''.
(3) Collateral compensation.--Section 405(b)(6) is amended
by inserting ``, the bombings of United States embassies in
East Africa on August 7, 1998, the attack on the U.S.S. Cole on
October 12, 2000, or the attack on the World Trade Center on
February 26, 1993'' before the period.
(4) Eligibility.--
(A) Individuals.--Section 405(c)(2)(A) is amended--
(i) in clause (i), by inserting ``, 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, was on the U.S.S. Cole on October 12,
2000, or was present at the World Trade Center
on February 26, 1993 at the time of the
bombings of that building'' before the
semicolon; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) suffered death as a result of such
an air crash or suffered death as a result of
such a bombing;''.
(B) Requirements.--Section 405(c)(3) is amended--
(i) in the heading for subparagraph (B) by
inserting ``relating to september 11th
terrorist acts'' before the period; and
(ii) by adding at the end the following:
``(C) Limitation on civil action relating to other
terrorist acts.--
``(i) In general.--Upon the submission of a
claim under this title, the claimant involved
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 by the
claimant as a result of the bombings of United
States embassies in East Africa on August 7,
1998, the attack on the U.S.S. Cole on October
12, 2000, or the attack on the World Trade
Center on February 26, 1993. The preceding
sentence does not apply to a civil action to
recover any collateral source obligation based
on contract, or to a civil action against any
person who is a knowing participant in any
conspiracy to commit any terrorist act.
``(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 title unless such
individual withdraws from such action by the
date that is 90 days after the date on which
regulations are promulgated under section 4 of
the Terrorism Victim Compensation Equity Act.
``(D) Individuals with prior compensation.--
``(i) In general.--Subject to clause (ii),
an individual is not an eligible individual for
purposes of this subsection if the individual,
or the estate of that individual, has received
any compensation from a civil action or
settlement based on tort related to the
bombings of United States embassies in East
Africa on August 7, 1998, the attack on the
U.S.S. Cole on October 12, 2000, or the attack
on the World Trade Center on February 26, 1993.
``(ii) Exception.--Clause (i) shall not
apply to compensation received from a civil
action against any person who is a knowing
participant in any conspiracy to commit any
terrorist act.
``(E) Victims of bombings of united states
embassies in east africa.--An individual who suffered
death as a result of a bombing or attack described in
subparagraph (C)(i) shall not be an eligible individual
by reason of that bombing or attack, unless that
individual is or was a United States citizen.''.
(C) Ineligibility of participants and
conspirators.--Section 405(c) is amended by adding at
the end the following:
``(4) Ineligibility of participants and conspirators.--An
individual, or a representative of that individual, shall not
be eligible to receive compensation under this title if that
individual is identified by the Attorney General to have been a
participant or conspirator in the bombings of United States
embassies in East Africa on August 7, 1998, the attack on the
U.S.S. Cole on October 12, 2000, or the attack on the World
Trade Center on February 26, 1993.''.
(D) Eligibility of members of the uniformed
services.--Section 405(c) (as amended by subparagraph
(C)) is further amended by adding at the end the
following:
``(5) Eligibility of members of the uniformed services.--An
individual who is a member of the uniformed services shall not
be excluded from being an eligible individual by reason of
being such a member.''.
SEC. 4. 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 the amendments made by 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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