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.

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

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.

END