[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3978 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3978

 To provide compensation and income tax relief for the individuals who 
were victims of the terrorist-related bombing of the World Trade Center 
  in 1993 on the same basis as compensation and income tax relief is 
   provided to victims of the terrorist-related aircraft crashes on 
                          September 11, 2001.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2002

 Mr. Menendez introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Ways 
 and Means, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide compensation and income tax relief for the individuals who 
were victims of the terrorist-related bombing of the World Trade Center 
  in 1993 on the same basis as compensation and income tax relief 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 ``1993 World Trade Center Victims 
Compensation Act''.

                    TITLE I--COMPENSATION PROVISIONS

SEC. 101. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Claimant.--The term ``claimant'' means an individual 
        filing a claim for compensation under section 104(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 terrorist-related bombing 
        of the World Trade Center in New York City on February 26, 
        1993.
            (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 104(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. 102. PURPOSE.

    It is the purpose of this title to provide compensation to any 
individual (or relatives of a deceased individual) who was physically 
injured or killed as a result of the terrorist-related bombing of the 
World Trade Center in New York City on February 26, 1993.

SEC. 103. ADMINISTRATION.

    (a) In General.--The Attorney General, acting through the Special 
Master, shall--
            (1) administer the compensation program established under 
        this title;
            (2) promulgate all procedural and substantive rules for the 
        administration of this title; and
            (3) employ and supervise hearing officers and other 
        administrative personnel to perform the duties of the Special 
        Master under this title.
    (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 title.

SEC. 104. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.

    (a) Filing of Claim.--
            (1) In general.--A claimant may file a claim for 
        compensation under this title 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 terrorist-
                        related bombing of the World Trade Center in 
                        New York City on February 26, 1993;
                            (ii) information from the claimant 
                        concerning any possible economic and 
                        noneconomic losses that the claimant suffered 
                        as a result of such bombing; and
                            (iii) information regarding collateral 
                        sources of compensation the claimant has 
                        received or is entitled to receive as a result 
                        of such bombing.
            (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 106.
    (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 title.
            (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 terrorist-related bombing of the World Trade Center in 
        New York City on February 26, 1993.
    (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) an individual who--
                            (i) was present at the World Trade Center 
                        in New York City at the time, or in the 
                        immediate aftermath, of the terrorist-related 
                        bombing of the World Trade Center in New York 
                        City on February 26, 1993;
                            (ii) suffered physical harm or death as a 
                        result of such bombing; and
                            (iii) is not identified by the Attorney 
                        General to have been a participant or 
                        conspirator in such 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 title 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 title, 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 terrorist-
                        related bombing of the World Trade Center in 
                        New York City on February 26, 1993. 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 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 106.

SEC. 105. 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 title, the Special Master shall 
authorize payment to such claimant of the amount determined with 
respect to the claimant.
    (b) Payment Authority.--This title 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 title.
    (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 title, 
        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. 106. 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 title, including regulations 
with respect to--
            (1) forms to be used in submitting claims under this title;
            (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 title; and
            (5) other matters determined appropriate by the Attorney 
        General.

SEC. 107. RIGHT OF SUBROGATION.

    The United States shall have the right of subrogation with respect 
to any claim paid by the United States under this title.

                    TITLE II--INCOME TAX PROVISIONS

SEC. 201. INCOME TAX RELIEF.

    (a) In General.--Section 692(d)(4) of the Internal Revenue Code of 
1986 (relating to definition of specified terrorist victim) is amended 
by inserting ``February 26, 1993,'' before ``April 19, 1995''.
    (b) Effective Date; Waiver of Limitations.--
            (1) Effective Date.--The amendment made by this section 
        shall apply to taxable years ending before, on, or after the 
        date of the enactment of this Act.
            (2) Waiver of limitations.--If refund or credit of any 
        overpayment of tax resulting from the amendment made by this 
        section is prevented at any time before the close of the 1-year 
        period beginning on the date of the enactment of this Act by 
        the operation of any law or rule of law (including res 
        judicata), such refund or credit may nevertheless be made or 
        allowed if claim therefor is filed before the close of such 
        period.
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