[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2926 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2926

                   For the relief of Adela T. Bailor.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 7, 1997

  Ms. Carson introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                     For relief of Adela T. Bailor.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PAYMENT.

    In consideration of--
            (1) the inability of Adela T. Bailor to receive 
        compensation under the Tort Claims Procedure described in 
        chapter 171 of title 28, United States Code;
            (2) the moral responsibility of the United States to 
        protect the right of its law-abiding citizens to be free from 
        attacks by violent felons in the custody of the United States; 
        and
            (3) the recommendation of the United States Court of 
        Appeals for the 7th Circuit in the case entitled Adela T. 
        Bailor and Darryl Bailor v. the Salvation Army and the United 
        States of America, No. 94-2660, that Adela T. Bailor seek 
        private legislative relief,
the Secretary of the Treasury shall pay, not later than 18 months after 
the date of the enactment of this Act, out of funds not otherwise 
appropriated, to Adela T. Bailor of Colorado Springs, Colorado, the 
amount determined by the Attorney General under section 2(b), as full 
compensation for all claims against the United States for the injuries 
she suffered as a result of a brutal rape and beating on May 9, 1991, 
by an inmate of the Federal correctional system in the custody of the 
Federal Bureau of Prisons.

SEC. 2. AMOUNT.

    (a) Transmittal of Claims.--Not later than 6 months after the date 
of the enactment of this Act, Adela T. Bailor, or her representatives, 
shall transmit to the Attorney General all claims against the United 
States for compensation for the injuries referred to in section 1.
    (b) Determination of the Attorney General.--Not later than 1 year 
after the date of the enactment of this Act, with appropriate 
consideration given to the claims transmitted under subsection (a), the 
Attorney General shall determine the amount for which the United States 
would be liable, under Indiana law, to Adela T. Bailor for the injuries 
referred to in section 1.
    (c) Negligence.--Only for the purposes of making a determination 
under subsection (b), the Attorney General shall consider the United 
States negligent with respect to its custody of the inmate referred to 
in section 1.
                                 <all>