[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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