[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.
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