[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3375 Referred in Senate (RFS)]

  2d Session
                                H. R. 3375


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2002

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
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, 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 ``Embassy Employee Compensation Act''.

SEC. 2. 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 United States 
        embassies in East Africa on August 7, 1998.
            (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 individual.--The term ``eligible individual'' 
        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. ____)).

SEC. 3. 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 bombings of United States 
embassies in East Africa on August 7, 1998.

SEC. 4. 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. 5. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

    (a) Filing of Claim.--
            (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 bombings 
                        of United States embassies in East Africa on 
                        August 7, 1998;
                            (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 7.
    (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.
            (5) No punitive damages.--The Special Master may not 
        include amounts for punitive damages in any compensation paid 
        under a claim under this Act.
            (6) Collateral compensation.--The Special Master shall 
        reduce the amount of compensation determined under paragraph 
        (1)(B)(ii) by the amount of the collateral source compensation 
        the claimant has received or is entitled to receive as a result 
        of the bombings of United States embassies in East Africa on 
        August 7, 1998.
    (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 who--
                            (i) 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; 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 bombings 
                        of United States embassies in East Africa on 
                        August 7, 1998. The preceding sentence does not 
                        apply to a civil action to recover collateral 
                        source obligations.
                            (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. 6. 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. 7. 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. 8. 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.

            Passed the House of Representatives May 21, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.