II 

108TH CONGRESS 

1ST SESSION S. 1728

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 the bombings of United 

States embassies in East Africa on August 7, 1998, the attack on 

the U.S.S. Cole on October 12, 2000, or the attack on the World 

Trade Center on February 26, 1993, 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 14, 2003

Mr. SPECTER (for himself, Mr. ALLEN, Ms. SNOWE, Mrs. CLINTON, Mr. 

LEAHY, Mr. SCHUMER, Mr. COCHRAN, Mr. LAUTENBERG, Mrs. DOLE, 

Mr. BINGAMAN, Mr. MILLER, Mr. DASCHLE, and Mr. DORGAN) 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 the bombings of United States embassies in East Africa on August 7, 1998, the attack 

on the U.S.S. Cole on October 12, 2000, or the attack 

on the World Trade Center on February 26, 1993, on 

the same basis as compensation is provided to victims 

of the terrorist-related aircraft crashes on September 

11, 2001.
2

•S 1728 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 ‘‘Terrorism Victim Com5 pensation Equity Act’’. 

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(4) is amended by in15 serting ‘‘, related to the bombings of United States embas16 sies in East Africa on August 7, 1998, related to the at17 tack on the U.S.S. Cole on October 12, 2000, or related 

18 to the attack on the World Trade Center on February 26, 

19 1993’’ before the period. 

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

21 ‘‘or killed as a result of the bombings of United States 

22 embassies in East Africa on August 7, 1998, the attack 

23 on the U.S.S. Cole on October 12, 2000, or the attack 

24 on the World Trade Center on February 26, 1993’’ before 

25 the period. 
3

•S 1728 IS 

1 (c) DETERMINATION OF ELIGIBILITY FOR COM2 PENSATION.—

3 (1) CLAIM FORM CONTENTS.—Section 

4 405(a)(2)(B) is amended—

5 (A) in clause (i), by inserting ‘‘, the bomb6 ings of United States embassies in East Africa 

7 on August 7, 1998, the attack on the U.S.S. 

8 Cole on October 12, 2000, or the attack on the 

9 World Trade Center on February 26, 1993’’ be10 fore the semicolon; 

11 (B) in clause (ii), by inserting ‘‘or bomb12 ings’’ before the semicolon; and 

13 (C) in clause (iii), by inserting ‘‘or bomb14 ings’’ 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 ‘‘, the bombings 

19 of United States embassies in East Africa on August 

20 7, 1998, the attack on the U.S.S. Cole on October 

21 12, 2000, or the attack on the World Trade Center 

22 on February 26, 1993’’ before the period. 

23 (4) ELIGIBILITY.—

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

25 amended—
4

•S 1728 IS 

1 (i) in clause (i), by inserting ‘‘, was 

2 present at the United States Embassy in 

3 Nairobi, Kenya, or the United States Em4 bassy in Dar es Salaam, Tanzania, at the 

5 time, or in the immediate aftermath, of the 

6 bombings of United States embassies in 

7 East Africa on August 7, 1998, was on the 

8 U.S.S. Cole on October 12, 2000, or was 

9 present at the World Trade Center on Feb10 ruary 26, 1993 at the time of the bomb11 ings of that building’’ before the semicolon; 

12 and 

13 (ii) by striking clause (ii) and insert14 ing the following: 

15 ‘‘(ii) suffered death as a result of such 

16 an air crash or suffered death as a result 

17 of such a bombing;’’. 

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

19 amended—

20 (i) in the heading for subparagraph 

21 (B) by inserting ‘‘RELATING TO SEP22 TEMBER 11TH TERRORIST ACTS’’ before the 

23 period; and 

24 (ii) by adding at the end the fol25 lowing: 
5

•S 1728 IS 

1 ‘‘(C) LIMITATION ON CIVIL ACTION RELAT2 ING TO OTHER TERRORIST ACTS.—

3 ‘‘(i) IN GENERAL.—Upon the submis4 sion of a claim under this title, the claim5 ant involved waives the right to file a civil 

6 action (or to be a party to an action) in 

7 any Federal or State court for damages 

8 sustained by the claimant as a result of the 

9 bombings of United States embassies in 

10 East Africa on August 7, 1998, the attack 

11 on the U.S.S. Cole on October 12, 2000, 

12 or the attack on the World Trade Center 

13 on February 26, 1993. The preceding sen14 tence does not apply to a civil action to re15 cover any collateral source obligation based 

16 on contract, or to a civil action against any 

17 person who is a knowing participant in any 

18 conspiracy to commit any terrorist act. 

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

20 of an individual who is a party to a civil 

21 action described in clause (i), such indi22 vidual may not submit a claim under this 

23 title unless such individual withdraws from 

24 such action by the date that is 90 days 

25 after the date on which regulations are 
6

•S 1728 IS 

1 promulgated under section 4 of the Ter2 rorism Victim Compensation Equity Act. 

3 ‘‘(D) INDIVIDUALS WITH PRIOR COM4 PENSATION.—

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

6 (ii), an individual is not an eligible indi7 vidual for purposes of this subsection if the 

8 individual, or the estate of that individual, 

9 has received any compensation from a civil 

10 action or settlement based on tort related 

11 to the bombings of United States embas12 sies in East Africa on August 7, 1998, the 

13 attack on the U.S.S. Cole on October 12, 

14 2000, or the attack on the World Trade 

15 Center on February 26, 1993. 

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

17 not apply to compensation received from a 

18 civil action against any person who is a 

19 knowing participant in any conspiracy to 

20 commit any terrorist act. 

21 ‘‘(E) VICTIMS OFBOMBINGS OFUNITED

22 STATES EMBASSIES IN EAST AFRICA.—An indi23 vidual who suffered death as a result of a 

24 bombing or attack described in subparagraph 

25 (C)(i) shall not be an eligible individual by rea-
7

•S 1728 IS 

1 son of that bombing or attack, unless that indi2 vidual is or was a United States citizen.’’. 

3 (C) INELIGIBILITY OFPARTICIPANTS AND

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

5 adding at the end the following: 

6 ‘‘(4) INELIGIBILITY OFPARTICIPANTS AND

7 CONSPIRATORS.—An individual, or a representative 

8 of that individual, shall not be eligible to receive 

9 compensation under this title if that individual is 

10 identified by the Attorney General to have been a 

11 participant or conspirator in the bombings of United 

12 States embassies in East Africa on August 7, 1998, 

13 the attack on the U.S.S. Cole on October 12, 2000, 

14 or the attack on the World Trade Center on Feb15 ruary 26, 1993.’’. 

16 (D) ELIGIBILITY OFMEMBERS OFTHE

17 UNIFORMED SERVICES.—Section 405(c) (as 

18 amended by subparagraph (C)) is further 

19 amended by adding at the end the following: 

20 ‘‘(5) ELIGIBILITY OFMEMBERS OFTHE UNI21 FORMED SERVICES.—An individual who is a member 

22 of the uniformed services shall not be excluded from 

23 being an eligible individual by reason of being such 

24 a member.’’. 
8

•S 1728 IS 

1 SEC. 4. REGULATIONS. 

2 Not later than 90 days after the date of enactment 

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

4 Special Master, shall promulgate regulations to carry out 

5 the amendments made by this Act, including regulations 

6 with respect to—

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

8 this Act; 

9 (2) the information to be included in such 

10 forms; 

11 (3) procedures for hearing and the presentation 

12 of evidence; 

13 (4) procedures to assist an individual in filing 

14 and pursuing claims under this Act; and 

15 (5) other matters determined appropriate by 

16 the Attorney General.

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