[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1740 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1740

 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 a terrorist-related 
laboratory-confirmed anthrax infection in the United States during the 
 period beginning on September 13, 2001, through November 30, 2001, 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 16, 2003

  Mr. Leahy (for himself, Mr. Daschle, Mr. Lautenberg, Mr. Nelson of 
 Florida, Mr. Feingold, Mr. Corzine, Ms. Mikulski, Mr. Sarbanes, Mrs. 
 Clinton, Mr. Lieberman, and Mr. Dodd) 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 a terrorist-related 
laboratory-confirmed anthrax infection in the United States during the 
 period beginning on September 13, 2001, through November 30, 2001, 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 ``Anthrax Victims Fund Fairness Act of 
2003''.

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(6) is amended by inserting ``or 
related to a terrorist-related laboratory-confirmed anthrax infection 
in the United States during the period beginning on September 13, 2001, 
through November 30, 2001'' before the period.
    (b) Purpose.--Section 403 is amended by inserting ``or as a result 
of a terrorist-related laboratory-confirmed anthrax infection in the 
United States during the period beginning on September 13, 2001, 
through November 30, 2001'' 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 ``or as a result of 
                a terrorist-related laboratory-confirmed anthrax 
                infection in the United States during the period 
                beginning on September 13, 2001, through November 30, 
                2001'' before the semicolon;
                    (B) in clause (ii), by inserting ``or terrorist-
                related laboratory-confirmed anthrax infection'' before 
                the semicolon; and
                    (C) in clause (iii), by inserting ``or terrorist-
                related laboratory-confirmed anthrax infection'' 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 ``or as a result of a terrorist-related 
        laboratory-confirmed anthrax infection in the United States 
        during the period beginning on September 13, 2001, through 
        November 30, 2001'' before the period.
            (4) Eligibility.--
                    (A) Individuals.--Section 405(c)(2) is amended--
                            (i) in subparagraph (B), by striking ``or'' 
                        after the semicolon;
                            (ii) in subparagraph (C)--
                                    (I) by striking ``or (B)'' and 
                                inserting ``, (B), or (C)''; and
                                    (II) striking ``(C)'' and inserting 
                                ``(D)''; and
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) an individual who suffered physical harm or 
                death as a result of a terrorist-related laboratory-
                confirmed anthrax infection in the United States during 
                the period beginning on September 13, 2001, through 
                November 30, 2001; or ''.
                    (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 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 a terrorist-
                        related laboratory-confirmed anthrax infection 
                        in the United States during the period 
                        beginning on September 13, 2001, through 
                        November 30, 2001. 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 Anthrax Victims Fund Fairness Act of 2003.
                    ``(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 that individual, 
                        or the estate of that individual, has received 
                        any compensation from a civil action or 
                        settlement based on tort related to a 
                        terrorist-related laboratory-confirmed anthrax 
                        infection in the United States during the 
                        period beginning on September 13, 2001, through 
                        November 30, 2001.
                            ``(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.''.
                    (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 a terrorist-related laboratory-
        confirmed anthrax infection in the United States during the 
        period beginning on September 13, 2001, through November 30, 
        2001.''.

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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