[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 549 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 549
To amend the September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note; Public Law 107-42) to provide compensation for victims
killed in the bombing of the World Trade Center in 1993, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2003
Mr. Schumer 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 (49 U.S.C.
40101 note; Public Law 107-42) to provide compensation for victims
killed in the bombing of the World Trade Center in 1993, 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 ``World Trade Center Bombing Victims
Compensation 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 (49
U.S.C. 40101 note; Public Law 107-42).
SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS.
(a) Definitions.--Section 402(6) is amended by inserting ``or
related to the bombing of the World Trade Center in 1993'' before the
period.
(b) Purpose.--Section 403 is amended by inserting ``or as a result
of the bombing of the World Trade Center in 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 ``or as a result of
the bombing of the World Trade Center in 1993'' before
the semicolon;
(B) in clause (ii), by inserting ``or bombing''
before the semicolon; and
(C) in clause (iii), by inserting ``or bombing''
before the period.
(2) Limitation.--Section 405(a) is amended by striking
paragraph (3) and inserting the following:
``(3) Limitation.--
``(A) In general.--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
407.
``(B) Word trade center bombing claims.--
Notwithstanding subparagraph (A), a claim may be filed
under paragraph (1) relating to the bombing of the
World Trade Center in 1993 not later than 1 year after
the date of enactment of the World Trade Center Bombing
Victims Compensation Act of 2003.''.
(3) Collateral compensation.--Section 405(b)(6) is amended
by inserting ``or as a result of the bombing of the World Trade
Center in 1993'' before the period.
(4) Eligibility.--
(A) Individuals.--Section 405(c)(2)(A) is amended--
(i) in clause (i), by inserting ``or was
present at the World Trade Center in 1993 at
the time of the bombing of the World Trade
Center'' before the semicolon; and
(ii) by striking clause (ii) and inserting
the following:
``(ii) suffered physical harm or death as a
result of such an air crash or suffered death
as a result of such 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 the
bombing of the world trade center in 1993.--
``(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 bombing of
the World Trade Center in 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 World Trade Center Bombing Victims
Compensation 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 the bombing
of the World Trade Center in 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.''.
(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 bombing of the World Trade
Center in 1993.''.
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 the
amendments made by 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 the amendments made by this Act; and
(5) other matters determined appropriate by the Attorney
General.
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