IIB
107TH CONGRESS
2D SESSION
H. R. 3375
IN THE SENATE OF THE UNITED STATES
MAY 22, 2002
Received; read twice and referred to the Committee on the Judiciary
AN ACT
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, on the same basis
as compensation is provided to victims of the terrorist-
related aircraft crashes on September 11, 2001.
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Embassy Employee
Compensation Act’’.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) CLAIMANT.—The term ‘‘claimant’’ means
an individual filing a claim for compensation under
section 5(a)(1).
(2) COLLATERAL SOURCE.—The term ‘‘collat-
eral source’’ means all collateral sources, including
life insurance, pension funds, death benefit pro-
grams, and payments by Federal, State, or local
governments related to the bombings of United
States embassies in East Africa on August 7, 1998.
(3) ECONOMIC
LOSS.—The term ‘‘economic
loss’’ means any pecuniary loss resulting from harm
(including the loss of earnings or other benefits re-
lated to employment, medical expense loss, replace-
ment services loss, loss due to death, burial costs,
and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under ap-
plicable State law.
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(4) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible
individual’’ means an individual determined to be eli-
gible for compensation under section 5(c).
(5) NONECONOMIC LOSSES.—The term ‘‘non-
economic losses’’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation, and all
other nonpecuniary losses of any kind or nature.
(6) SPECIAL MASTER.—The term ‘‘Special Mas-
ter’’ means the Special Master appointed under sec-
tion 404(a) of the September 11th Victim Com-
pensation Fund of 2001 (title IV of the Air Trans-
portation Safety and System Stabilization Act (Pub-
lic Law 107–42; 115 Stat. ll)).
SEC. 3. PURPOSE.
It is the purpose of this Act to provide compensation
to any individual (or relatives of a deceased individual)
who was physically injured or killed as a result of the
bombings of United States embassies in East Africa on
August 7, 1998.
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SEC. 4. ADMINISTRATION.
(a) IN GENERAL.—The Attorney General, acting
through the Special Master, shall—
(1) administer the compensation program es-
tablished under this Act;
(2) promulgate all procedural and substantive
rules for the administration of this Act; and
(3) employ and supervise hearing officers and
other administrative personnel to perform the duties
of the Special Master under this Act.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to pay the administrative and support costs for
the Special Master in carrying out this Act.
SEC. 5. DETERMINATION OF ELIGIBILITY FOR COMPENSA-
TION.
(a) FILING OF CLAIM.—
(1) IN GENERAL.—A claimant may file a claim
for compensation under this Act with the Special
Master. The claim shall be on the form developed
under paragraph (2) and shall state the factual basis
for eligibility for compensation and the amount of
compensation sought.
(2) CLAIM FORM.—
(A) IN
GENERAL.—The Special Master
shall develop a claim form that claimants shall
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use when submitting claims under paragraph
(1). The Special Master shall ensure that such
form can be filed electronically, if determined to
be practicable.
(B) 
CONTENTS.—The 
form 
developed
under subparagraph (A) shall request—
(i) information from the claimant con-
cerning the physical harm that the claim-
ant suffered, or in the case of a claim filed
on behalf of a decedent information con-
firming the decedent’s death, as a result of
the bombings of United States embassies
in East Africa on August 7, 1998;
(ii) information from the claimant
concerning any possible economic and non-
economic losses that the claimant suffered
as a result of such bombings; and
(iii) information regarding collateral
sources of compensation the claimant has
received or is entitled to receive as a result
of such bombings.
(3) LIMITATION.—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 7.
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(b) REVIEW AND DETERMINATION.—
(1) REVIEW.—The Special Master shall review
a claim submitted under subsection (a) and
determine—
(A) whether the claimant is an eligible in-
dividual under subsection (c);
(B) with respect to a claimant determined
to be an eligible individual—
(i) the extent of the harm to the
claimant, including any economic and non-
economic losses; and
(ii) the amount of compensation to
which the claimant is entitled based on the
harm to the claimant, the facts of the
claim, and the individual circumstances of
the claimant.
(2) NEGLIGENCE.—With respect to a claimant,
the Special Master shall not consider negligence or
any other theory of liability.
(3) DETERMINATION.—Not later than 120 days
after that date on which a claim is filed under sub-
section (a), the Special Master shall complete a re-
view, make a determination, and provide written no-
tice to the claimant, with respect to the matters that
were the subject of the claim under review. Such a
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determination shall be final and not subject to judi-
cial review.
(4) RIGHTS OF CLAIMANT.—A claimant in a re-
view under paragraph (1) shall have—
(A) the right to be represented by an at-
torney;
(B) the right to present evidence, including
the presentation of witnesses and documents;
and
(C) any other due process rights deter-
mined appropriate by the Special Master.
(5) NO PUNITIVE DAMAGES.—The Special Mas-
ter may not include amounts for punitive damages
in any compensation paid under a claim under this
Act.
(6) COLLATERAL COMPENSATION.—The Special
Master shall reduce the amount of compensation de-
termined under paragraph (1)(B)(ii) by the amount
of the collateral source compensation the claimant
has received or is entitled to receive as a result of
the bombings of United States embassies in East Af-
rica on August 7, 1998.
(c) ELIGIBILITY.—
(1) IN GENERAL.—A claimant shall be deter-
mined to be an eligible individual for purposes of
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this subsection if the Special Master determines that
such claimant—
(A) is an individual described in paragraph
(2); and
(B) meets the requirements of paragraph
(3).
(2) INDIVIDUALS.—A claimant is an individual
described in this paragraph if the claimant is—
(A) a citizen of the United States who—
(i) was present at the United States
Embassy in Nairobi, Kenya, or the United
States Embassy in Dar es Salaam, Tan-
zania, at the time, or in the immediate
aftermath, of the bombings of United
States embassies in East Africa on August
7, 1998; and
(ii) suffered physical harm or death as
a result of such a bombing; or
(B) in the case of a decedent who is an in-
dividual described in subparagraph (A), the per-
sonal representative of the decedent who files a
claim on behalf of the decedent.
(3) REQUIREMENTS.—
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(A) SINGLE CLAIM.—Not more than one
claim may be submitted under this Act by an
individual or on behalf of a deceased individual.
(B) LIMITATION ON CIVIL ACTION.—
(i) IN GENERAL.—Upon the submis-
sion of a claim under this Act, the claim-
ant waives the right to file a civil action
(or to be a party to an action) in any Fed-
eral or State court for damages sustained
as a result of the bombings of United
States embassies in East Africa on August
7, 1998. The preceding sentence does not
apply to a civil action to recover collateral
source obligations.
(ii) PENDING ACTIONS.—In the case
of an individual who is a party to a civil
action described in clause (i), such indi-
vidual may not submit a claim under this
Act unless such individual withdraws from
such action by the date that is 90 days
after the date on which regulations are
promulgated under section 7.
SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS.
(a) IN GENERAL.—Not later than 20 days after the
date on which a determination is made by the Special Mas-
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ter regarding the amount of compensation due a claimant
under this Act, the Special Master shall authorize pay-
ment to such claimant of the amount determined with re-
spect to the claimant.
(b) PAYMENT AUTHORITY.—This Act constitutes
budget authority in advance of appropriations Acts and
represents the obligation of the Federal Government to
provide for the payment of amounts for compensation
under this Act.
(c) ADDITIONAL FUNDING.—
(1) IN GENERAL.—The Attorney General is au-
thorized to accept such amounts as may be contrib-
uted by individuals, business concerns, or other enti-
ties to carry out this Act, under such terms and con-
ditions as the Attorney General may impose.
(2) USE OF SEPARATE ACCOUNT.—In making
payments under this section, amounts contained in
any account containing funds provided under para-
graph (1) shall be used prior to using appropriated
amounts.
SEC. 7. 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
this Act, including regulations with respect to—
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(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.
SEC. 8. RIGHT OF SUBROGATION.
The United States shall have the right of subrogation
with respect to any claim paid by the United States under
this Act.
Passed the House of Representatives May 21, 2002.
Attest:
JEFF TRANDAHL,
Clerk.