[Congressional Record Volume 149, Number 89 (Tuesday, June 17, 2003)]
[Senate]
[Pages S8000-S8001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR (by request):
  S. 1275. A bill to establish a comprehensive federal program to 
provide benefits to U.S. victims of international terrorism, and for 
other purposes; to the Committee on Foreign Relations.
  Mr. LUGAR. Mr. President, by request, I introduce for appropriate 
reference a bill to establish a comprehensive Federal program to 
provide benefits to U.S. victims of international terrorism.
  This proposed legislation has been requested by the Department of 
State, and I am introducing it in order that there may be a specific 
bill to which members of the Senate and the public may direct their 
attention and comments.
  I reserve my right to support or oppose this bill, as well as to make 
any suggested amendments to it, when the matter is considered by the 
Committee on Foreign Relations.
  I ask unanimous consent that the bill be printed in the Record 
together with a letter addressed to me from the Assistant Secretary of 
State for Legislative Affairs.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1275

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SEC. 101. SHORT TITLE.

       This Act may be cited as the ``Benefits for Victims of 
     International Terrorism Act of 2003''.

     SEC. 102. 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. 103. 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 for 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 (8 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 possession of the United States, the 
     territorial sea of the United States, and the airspace above 
     them.

     SEC. 104. 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 
     proceedings.
       (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. 105. 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 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. 106. 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.

[[Page S8001]]

     SEC. 107. NATURE OF AWARDS.

       (a) Death Benefits.--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 Funds.--If no person is 
     entitled to receive the amount awarded under the above 
     subsections, the amount shall revert to the Fund.

     SEC. 108. 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. 109. 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. 110. 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. 111. 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. 112. ADMINISTRATIVE PROVISIONS.

       (a) Rule 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. 113. NO JUDICIAL REVIEW.

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

     SEC. 114. 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].''
                                  ____



                                     U.S. Department of State,

                                     Washington, DC, June 5, 2003.
     Hon. Richard G. Lugar,
     Chairman, Committee on Foreign Relations, U.S. Senate.
       Dear Mr. Chairman: We are transmitting for your 
     consideration a draft bill to establish a program to provide 
     benefits for United States victims of international 
     terrorism.
       The proposed legislation is based on the following three 
     principles:
       The program should provide the same benefits to those with 
     low incomes as those with greater means;
       Victims should receive compensation as quickly as possible; 
     and
       The amount of compensation should be on par with that 
     provided to families of public safety officers killed in the 
     line of duty (currently $262,000).
       Thus, the government program should not be designed as the 
     primary means of compensating victims and victims' families 
     for their losses, but rather should complement life 
     insurance, savings, and other private financial measures.
       In contrast to a mechanism that uses blocked assets and 
     rewards those that can secure judgements before such assets 
     are exhausted, a fund based on the above principles would 
     provide compensation for all victims fairly and equitably. It 
     also preserves the President's prerogatives in the area of 
     foreign affairs.
       The proposed fund would be administered within the 
     Department of State. The legislation includes authorization 
     for appropriations necessary to compensate victims. In 
     addition to these costs, a benefits adjudication unit will be 
     established within the Department soon after enactment.
       The Office of Management and Budget advises that there is 
     no objection from the standpoint of the Administration's 
     program to the submission of this proposal to Congress.
       We urge your support for passage of this legislation, which 
     provides compensation for U.S. victims of international 
     terrorism in a fair and rational way.
           Sincerely,

                                                Paul V. Kelly,

                                              Assistant Secretary,
     Legislative Affairs.

                          ____________________