[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1275 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1275

  To establish a comprehensive federal program to provide benefits to 
    U.S. victims of international terrorism, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2003

 Mr. Lugar (by request) introduced the following bill; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To establish a comprehensive federal program to provide benefits to 
    U.S. victims of international terrorism, and for other purposes.

    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 ``Benefits for Victims of 
International Terrorism Act of 2003''.

SEC. 2. ESTABLISHMENT OF PROGRAM.

    There is established the Benefits for Victims of International 
Terrorism Program (``Program'') under which monetary awards shall be 
made in accordance with this Act to eligible individuals who are 
physically injured, killed, or held hostage as a result of an act of 
international terrorism.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
    (a) Act of International Terrorism.--The term ``act of 
international terrorism'' means an activity that constitutes terrorism 
within the definition provided in Section 2(15) of the Homeland 
Security Act of 2002 and that was committed by foreign nationals or 
foreign governments (or the agents thereof) and directed, in whole or 
in part, at the United States or at an individual because of the 
individual's status as a national of the United States.
    (b) Claimant.--The term ``claimant'' means an individual filing a 
claim for benefits under this Act. In the case of an individual who 
died as the direct result of the act of international terrorism, any 
individual who is eligible to recover under section 107(a) may be a 
claimant. In the case of an individual who suffered physical injury or 
was held hostage as the direct result of an act of international 
terrorism, the claimant shall be the individual who suffered the 
physical injury or was held hostage, except that a parent or legal 
guardian may file a claim on behalf of an individual who is less than 
18 years of age, incompetent or incapacitated.
    (c) Child.--The term ``child'' shall have the meaning given to it 
by 42 U.S.C. 3796b(2).
    (d) Department.--The term ``Department'' means the Department of 
State.
    (e) National of the United States.--The term ``national of the 
United States'' has the meaning given in section 101(a) of the 
Immigration and Nationality Act (U.S.C. 1101(a)).
    (f) Physical Injury.--The term ``physical injury'' means an injury 
to the body, from a source external to the body, that directly results 
in partial or total physical disability, incapacity, or disfigurement.
    (g) United States.--The term ``United States'' means the States, 
the District of Columbia, the Commonwealth of Puerto Rico, the 
Commonwealth of the Mariana Islands, the territories and possessions of 
the United States, the territorial sea of the United States, and the 
airspace above them.

SEC. 4. ADMINISTRATION.

    (a) Threshold Determination.--
            (1) Upon the occurrence of a terrorist incident, the 
        Secretary of State, in consultation with the Attorney General 
        and the Secretaries of Defense, Homeland Security and the 
        Treasury, shall promptly determine in writing whether an act of 
        international terrorism as defined in section 103(a) of this 
        Act has taken place. Any such determination shall be published 
        in the Federal Register.
            (2) The Secretary of State's determination under this 
        section shall be final and conclusive, and it shall not be 
        subject to review in any judicial, administrative or other 
        proceeding.
    (b) Adjudication and Payment.--When a threshold determination set 
forth in subsection (a) is made, the Department shall have jurisdiction 
to receive, examine, adjudicate, and render final decisions, and pay 
awards with respect to claims filed under section 105 in accordance 
with the provisions of this Act.

SEC. 5. FILING OF CLAIMS.

    (a) In General.--Claims for benefits under the Program shall be 
filed with the Department on the form developed under subsection (b).
    (b) Claim Form.--
            (1) The Department shall develop a form that claimants 
        shall use when submitting claims under subsection (a).
            (2) The claim form at a minimum shall request--
                    (A) in the case of a claim filed for a death 
                benefit with respect to a decedent, information 
                demonstrating the decedent's death as a direct result 
                of the act of international terrorism and information 
                demonstrating that the claimant is eligible to recover 
                under the Act.
                    (B) in the case of a claim not involving a death, 
                information demonstrating the physical harm that the 
                claimant suffered as a direct result of the act of 
                international terrorism or information demonstrating 
                the period the claimant was held hostage as a direct 
result of the act of international terrorism; and
                    (C) in the case of a claim filed by a parent or 
                legal guardian, information demonstrating the 
                claimant's status as a parent or legal guardian.
            (3) The claim form shall state clearly and conspicuously 
        the information contained in section 112(c) of this Act.

SEC. 6. ELIGIBILITY.

    (a) In General.--The Department shall review each claim filed under 
this Program and determine whether the claimant is an eligible 
individual under subsection (b) of this section or has filed a claim on 
account of the death of an eligible individual under subsection (b).
    (b) Eligible Individuals.--An eligible individual is a victim who, 
as of the date on which the act of international terrorism occurred--
            (1) was a national of the United States; and
            (2)(A) died as the direct result of the act of 
        international terrorism;
            (B) suffered physical injury as the direct result of the 
        act of international terrorism; or
            (C) was held hostage as a direct result of an act of 
        international terrorism and not solely for ransom.
    (c) Exclusion for Participants or Conspirators in Acts of 
Terrorism.--A participant or conspirator in any act of international 
terrorism, or a representative of such individual, shall not be an 
eligible individual.
    (d) Exclusion for Military Personnel.--This Program does not apply 
to any claim arising out of injury, death, or period as a hostage 
sustained by a member of the U.S. Armed Forces while serving on active 
duty.
    (e) September 11th Victim Compensation Fund.--Notwithstanding any 
other provision in this Act, no individual who is or was eligible to 
recover under the September 11th Victim Compensation Fund of 2001 shall 
be eligible to recover under this Act.

SEC. 7. NATURE OF AWARDS.

    (a) Death Benefit.--In any case in which the Department determines, 
under regulations issued pursuant to this Act, that an eligible 
individual has died as the direct and proximate result of an act of 
international terrorism, the Department shall award a benefit to the 
survivor or survivors in the same manner and the same amount as death 
benefits are paid pursuant to the Public Safety Officers' Benefits 
Program under subpart 1 of part L of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.).
    (b) Injury or Hostage Benefit.--In the event the claimant was 
physically injured or held hostage as a direct result of an act of 
international terrorism, the Department shall award a benefit to the 
claimant in an amount determined by the Department up to, but not to 
exceed, the amount provided for under the preceding subsection. The 
Secretary of State may issue regulations regarding the amount of 
benefits to be provided under this subsection for categories of 
injuries or for durations of time as a hostage.
    (c) No Fault Program.--Awards shall be made without regard to the 
negligence or any other theory of liability of the claimant or of the 
individual on whose behalf the claimant is filing a claim.
    (d) Reversion of Amounts to the Fund.--If no person is entitled to 
receive the amount awarded under the above subsections, the amount 
shall revert to the Fund.

SEC. 8. LIMITATIONS ON CLAIMS.

    (a) Prohibition on Double Recovery.--No benefit is payable under 
this Act with respect to a victim having been injured or held hostage 
if a benefit is payable under this Act with respect to the death of 
such victim. In the event that a payment is made under this Act on 
account of death or period as a hostage and a death benefit 
subsequently becomes payable for the death of the same victim, such 
death benefit shall be reduced by amounts previously awarded.
    (b) Time Limitation for Filing.--No claim may be filed on the basis 
of an act of international terrorism after the date that is 2 years 
after the date of publication in the Federal Register of the relevant 
determination under section 104(a) of this Act.

SEC. 9. INTERNATIONAL TERRORISM BEFORE EFFECTIVE DATE.

    (a) International Terrorism Before Effective Date.--Benefits may be 
awarded under this Act, subject to the provisions of subsection (b) of 
this section, to eligible individuals for acts of international 
terrorism that took place before the effective date of this Act and 
which occurred on or after November 1, 1979.
    (b) Determination.--The Secretary of State, in consultation with 
the Attorney General and the Secretaries of Defense, Homeland Security 
and the Treasury, shall issue, promptly upon the request of a claimant 
potentially covered under subsection (a), a determination whether an 
incident that occurred on or after November 1, 1979, and before the 
date of enactment of this Act was an act of international terrorism. 
Such requests will be considered only if made within one year after the 
date of enactment of this Act. Any such determination shall be 
published in the Federal Register.

SEC. 10. AUTHORIZATION.

    (a) Authorization.--There is established for the purpose of 
providing benefits under this Act a Victims of International Terrorism 
Benefits Fund (``Fund''). In addition to amounts otherwise authorized 
to be appropriated for the Department of State, there are authorized to 
be appropriated to the Department of State for deposit into the Fund 
such sums as may be necessary to pay awards under this Act and to 
administer this Program.
            (1) Amounts in the Fund shall be available until expended.
            (2) Contributions.--The Secretary of State is authorized to 
        accept such amounts as may be contributed by individuals, 
        business concerns, foreign governments, or other entities for 
the payment of awards certified under this Act and such amounts may be 
deposited directly into the Fund.
            (3) Unexpended balances of expired appropriations available 
        to the Department of State may be transferred directly into the 
        Fund for the payment of awards under this Act and, to the 
        extent and in such amounts as provided in appropriations acts, 
        for the costs to administer this Program.

SEC. 11. SUBROGATION.

    The United States shall be subrogated, to the extent of the 
payments, to any recovery in litigation or settlement of litigation 
related to an injury, death, or period of a hostage for which payment 
was made under the Program. Any amounts recovered under this subsection 
shall be deposited into the Fund established by section 110(a).

SEC. 12. ADMINISTRATIVE PROVISIONS.

    (a) Rules and Procedures.--The Secretary of State may issue such 
rules and procedures as may be necessary to carry out this Act, 
including rules with respect to choice of law principles, admitting 
agents or other persons to representation before the Department of 
claimants under this Act, and the nature and maximum amount of fees 
that such agent or other person may charge for such representation.
    (b) Acts Committed to Officer's Discretion.--Any action taken or 
omitted by an officer of the United States under this Act is committed 
to the discretion of such officer.
    (c) Civil Actions Against Foreign States.--
            (1) A person who by a civil action has obtained and 
        received full satisfaction of a judgment against a foreign 
        state or government or its agencies or instrumentalities, or 
        against the United States or its agencies or instrumentalities, 
        for death, injury, or period as a hostage due to an act of 
        international terrorism shall not receive an award under this 
        Act based on the same act of international terrorism.
            (2) A person who has accepted benefits pursuant to an award 
        under this Act relating to an act of international terrorism 
        shall not thereafter commence or maintain in a court of the 
        United States a civil action based on the same act of 
        international terrorism against a foreign state or government 
        or its agencies or instrumentalities or against the United 
        States or its agencies or instrumentalities.

SEC. 13. NO JUDICIAL REVIEW.

    Decisions made under this Act shall not be subject to review in any 
judicial, administrative or other proceeding.

SEC. 14. CONFORMING AMENDMENTS.

    (a) Section 201 of the Terrorism Risk Insurance Act of 2002 (Public 
Law 107-297) is amended by adding the following as new subsection (e):
    ``(e) Subsection (a) shall not apply to any judgment obtained 
pursuant to a complaint filed after [the date of submission of the 
Benefits for Victims of International Terrorism Act of 2003].''.
    (b) Section 1610(f) of Title 28, United States Code (28 U.S.C. 
1610(f)), is amended by adding the following at the end as new 
subparagraph (4):
            ``(4) Subsection (f) shall not apply to any judgment 
        obtained pursuant to a complaint filed after [the date of 
        submission of the Benefits for Victims of International 
        Terrorism Act of 2003].''.
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