II 

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 laboratoryconfirmed 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.
2

•S 1740 IS 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anthrax Victims Fund 

5 Fairness Act of 2003’’. 

6 SEC. 2. REFERENCES. 

7 Except as otherwise expressly provided, wherever in 

8 this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered a reference to the 

11 September 11th Victim Compensation Fund of 2001 

12 (Public Law 107–42; 49 U.S.C. 40101 note). 

13 SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS. 

14 (a) DEFINITIONS.—Section 402(6) is amended by in15 serting ‘‘or related to a terrorist-related laboratory-con16 firmed anthrax infection in the United States during the 

17 period beginning on September 13, 2001, through Novem18 ber 30, 2001’’ before the period. 

19 (b) PURPOSE.—Section 403 is amended by inserting 

20 ‘‘or as a result of a terrorist-related laboratory-confirmed 

21 anthrax infection in the United States during the period 

22 beginning on September 13, 2001, through November 30, 

23 2001’’ before the period. 

24 (c) DETERMINATION OF ELIGIBILITY FOR COM25 PENSATION.—
3

•S 1740 IS 

1 (1) CLAIM FORM CONTENTS.—Section 

2 405(a)(2)(B) is amended—

3 (A) in clause (i), by inserting ‘‘or as a re4 sult of a terrorist-related laboratory-confirmed 

5 anthrax infection in the United States during 

6 the period beginning on September 13, 2001, 

7 through November 30, 2001’’ before the semi8 colon; 

9 (B) in clause (ii), by inserting ‘‘or ter10 rorist-related laboratory-confirmed anthrax in11 fection’’ before the semicolon; and 

12 (C) in clause (iii), by inserting ‘‘or ter13 rorist-related laboratory-confirmed anthrax in14 fection’’ before the period. 

15 (2) LIMITATION.—Section 405(a)(3) is amend16 ed by striking ‘‘2 years’’ and inserting ‘‘3 years’’. 

17 (3) COLLATERAL COMPENSATION.—Section 

18 405(b)(6) is amended by inserting ‘‘or as a result of 

19 a terrorist-related laboratory-confirmed anthrax in20 fection in the United States during the period begin21 ning on September 13, 2001, through November 30, 

22 2001’’ before the period. 

23 (4) ELIGIBILITY.—

24 (A) INDIVIDUALS.—Section 405(c)(2) is 

25 amended—
4

•S 1740 IS 

1 (i) in subparagraph (B), by striking 

2 ‘‘or’’ after the semicolon; 

3 (ii) in subparagraph (C)—

4 (I) by striking ‘‘or (B)’’ and in5 serting ‘‘, (B), or (C)’’; and 

6 (II) striking ‘‘(C)’’ and inserting 

7 ‘‘(D)’’; and 

8 (iii) by inserting after subparagraph 

9 (B) the following: 

10 ‘‘(C) an individual who suffered physical 

11 harm or death as a result of a terrorist-related 

12 laboratory-confirmed anthrax infection in the 

13 United States during the period beginning on 

14 September 13, 2001, through November 30, 

15 2001; or ’’. 

16 (B) REQUIREMENTS.—Section 405(c)(3) is 

17 amended—

18 (i) in the heading for subparagraph 

19 (B) by inserting ‘‘RELATING TO SEP20 TEMBER 11TH TERRORIST ACTS’’ before the 

21 period; and 

22 (ii) by adding at the end the fol23 lowing: 

24 ‘‘(C) LIMITATION ON CIVIL ACTION RELAT25 ING TO OTHER TERRORIST ACTS.—
5

•S 1740 IS 

1 ‘‘(i) IN GENERAL.—Upon the submis2 sion of a claim under this title, the claim3 ant waives the right to file a civil action 

4 (or to be a party to an action) in any Fed5 eral or State court for damages sustained 

6 as a result of a terrorist-related laboratory7 confirmed anthrax infection in the United 

8 States during the period beginning on Sep9 tember 13, 2001, through November 30, 

10 2001. The preceding sentence does not 

11 apply to a civil action to recover any collat12 eral source obligation based on contract, or 

13 to a civil action against any person who is 

14 a knowing participant in any conspiracy to 

15 commit any terrorist act. 

16 ‘‘(ii) PENDING ACTIONS.—In the case 

17 of an individual who is a party to a civil 

18 action described in clause (i), such indi19 vidual may not submit a claim under this 

20 title unless such individual withdraws from 

21 such action by the date that is 90 days 

22 after the date on which regulations are 

23 promulgated under section 4 of the An24 thrax Victims Fund Fairness Act of 2003. 
6

•S 1740 IS 

1 ‘‘(D) INDIVIDUALS WITH PRIOR COM2 PENSATION.—

3 ‘‘(i) IN GENERAL.—Subject to clause 

4 (ii), an individual is not an eligible indi5 vidual for purposes of this subsection if 

6 that individual, or the estate of that indi7 vidual, has received any compensation from 

8 a civil action or settlement based on tort 

9 related to a terrorist-related laboratory10 confirmed anthrax infection in the United 

11 States during the period beginning on Sep12 tember 13, 2001, through November 30, 

13 2001. 

14 ‘‘(ii) EXCEPTION.—Clause (i) shall 

15 not apply to compensation received from a 

16 civil action against any person who is a 

17 knowing participant in any conspiracy to 

18 commit any terrorist act.’’. 

19 (C) INELIGIBILITY OFPARTICIPANTS AND

20 CONSPIRATORS.—Section 405(c) is amended by 

21 adding at the end the following: 

22 ‘‘(4) INELIGIBILITY OFPARTICIPANTS AND

23 CONSPIRATORS.—An individual, or a representative 

24 of that individual, shall not be eligible to receive 

25 compensation under this title if that individual is 
7

•S 1740 IS 

1 identified by the Attorney General to have been a 

2 participant or conspirator in a terrorist-related lab3 oratory-confirmed anthrax infection in the United 

4 States during the period beginning on September 

5 13, 2001, through November 30, 2001.’’. 

6 SEC. 4. REGULATIONS. 

7 Not later than 90 days after the date of enactment 

8 of this Act, the Attorney General, in consultation with the 

9 Special Master, shall promulgate regulations to carry out 

10 the amendments made by this Act, including regulations 

11 with respect to—

12 (1) forms to be used in submitting claims under 

13 this Act; 

14 (2) the information to be included in such 

15 forms; 

16 (3) procedures for hearing and the presentation 

17 of evidence; 

18 (4) procedures to assist an individual in filing 

19 and pursuing claims under this Act; and 

20 (5) other matters determined appropriate by 

21 the Attorney General.

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