text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Oklahoma City Victims Compensation 
  Act''.
  
  SEC. 2. FINDINGS.
  
      The Congress finds that--
              (1) on April 19, 1995, Public Law 100-440 set a minimum 
          staffing level of Federal Police Officers at 1,000 Full Time 
          Equivalent personnel for the Federal Protective Service;
              (2) on April 19, 1995, and before the Federal Protective 
          Service and its parent agency the General Services 
          Administration was charged with providing security and law 
          enforcement for Federal properties;
              (3) on April 19, 1995, and before that the Federal 
          Protective Service failed to meet the required minimum staffing 
          level by a significant margin in excess of 60 percent of the 
          mandate;
              (4) on April 29, 1995, and before the Federal Protective 
          Service provided only one non-law enforcement guard for three 
          or more buildings (including the Murrah Federal Building) in 
          the downtown area of Oklahoma City;
              (5) on April 19, 1995, and before the Federal Protective 
          Service and its parent Agency the General Services 
          Administration were aware of the noncompliance with Public Law 
          100-440 and the possible liabilities resulting therefrom;
              (6) on April 19, 1995, and before the Federal Protective 
          Service and its parent Agency the General Services 
          Administration failed to provide adequate protection and 
          deterrence to Federal properties; and
              (7) on April 19, 1995, the Federal Protective Service and 
          its parent agency the General Services Administration were 
          negligent in the provision of law enforcement personnel and the 
          security needs of the Murrah Federal Building in Oklahoma City, 
          Oklahoma.
  
  SEC. 3. 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 ``collateral source'' 
          means all collateral sources, including life insurance, pension 
          funds, death benefit programs, and payments by Federal, State, 
          or local governments related to the bombings of the Murrah 
          Federal Building on April 19, 1995.
              (3) Economic loss.--The term ``economic loss'' means any 
          pecuniary loss resulting from harm (including the loss of 
          earnings or other benefits related to employment, medical 
          expense loss, replacement 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 
          applicable State law.
              (4) Eligible individuals.--The term ``eligible 
          individuals'' means an individual determined to be eligible for 
          compensation under section 5(c).
              (5) Noneconomic losses.--The term ``noneconomic losses'' 
          means losses for physical and emotional pain, suffering, 
          inconvenience, physical impairment, mental anguish, 
          disfigurement, loss of enjoyment of life, loss of society and 
          companionship, loss of consortium (other than loss of domestic 
  service), hedonic damages, injury to reputation, and all other 
  nonpecuniary losses of any kind or nature.
              (6) Special master.--The term ``Special Master'' means the 
          Special Master appointed under section 404(a) of the September 
          11th Victim Compensation Fund of 2001 (title IV of the Air 
          Transportation Safety and System Stabilization Act (Public Law 
          107-42; 115 Stat. XX)).
  
  SEC. 4. 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 bombing of the Murrah Federal 
  Building in Oklahoma City, Oklahoma, on April 19, 1995.
  
  SEC. 5. ADMINISTRATION.
  
      (a) In General.--The Attorney General, acting through the Special 
  Master, shall--
              (1) administer the compensation program established 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. 6. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
  
      (a) Filing of Claims.--
              (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 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 
                          concerning the physical harm that the claimant 
                          suffered, or in the case of a claim filed on 
                          behalf of a decedent information confirming the 
                          decedent's death, as a result of the bombing of 
                          the Murrah Federal Building in Oklahoma City, 
                          Oklahoma, on April 19, 1995;
                              (ii) information from the claimant 
                          concerning any possible economic and 
                          noneconomic 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 8.
      (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 individual 
                  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 noneconomic 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 subsection (a), the Special 
          Master shall complete a review, make a determination, and 
          provide written notice to the claimant, with respect to the 
          matters that were the subject of the claim under review. Such a 
          determination shall be final and not subject to judicial 
          review.
              (4) Rights of claimant.--A claimant in a review under 
          paragraph (1) shall have--
                      (A) the right to be represented by an attorney;
                      (B) the right to present evidence, including the 
                  presentation of witnesses and documents; and
                      (C) any other due process rights determined 
                  appropriate by the Special Master.
      (c) Eligibility.--
              (1) In general.--A claimant shall be determined to be an 
          eligible individual for purposes of 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 or legal 
                  permanent resident who--
                              (i) was present at the Murrah Federal 
                          Building or within a two block radius of the 
                          Murrah Federal Building, at the time, or in the 
                          immediate aftermath, of the bombing of the 
                          Murrah Federal Building in Oklahoma City, 
                          Oklahoma, on April 19, 1995; 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 individual 
                  described in subparagraph (A), the personal 
                  representative of the decedent who files a claim on 
                  behalf of the decedent.
              (3) Requirements.--
                      (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 submission of a 
                          claim under this Act, 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 the bombing of 
                          the Murrah Federal Building in Oklahoma City, 
                          Oklahoma, on April 19, 1995. The preceding 
                          sentence does not apply to a civil action to 
                          recover collateral source obligations or 
                          punitive damages.
                              (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 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. 7. PAYMENTS TO ELIGIBLE INDIVIDUALS.
  
      (a) In general.--Not later than 20 days after the date on which a 
  determination is made by the Special Master regarding the amount of 
  compensation due a claimant under this Act, the Special Master shall 
  authorize payment to such claimant of the amount determined with 
  respect 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 authorized to 
          accept such amounts as may be contributed by individuals, 
          business concerns, or other entities to carry out this Act, 
          under such terms and conditions 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 paragraph (1) shall be used prior to using 
          appropriated amounts.
  
  SEC. 8. 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--
              (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. 9. 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.
target: Oklahoma City Victims Compensation Act - Establishes a program to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma, on April 19, 1995.Directs the Attorney General, acting through the Special Master appointed under the September 11th Victim Compensation Fund of 2001, to administer the program, requiring determinations of claims within 120 days and payment within 20 days of determination. States that such determinations are final and not subject to judicial review.Limits claims to one per injured person or decedent and excludes claimants from pursuing civil action for damages, as specified.Grants the United States the right of subrogation with respect to any claim paid by the United States under this Act.
feat_title: To provide compensation for the United States citizens or legal permanent residents who were victims of the bombing of the Murrah Federal Building in Oklahoma City, Oklahoma on April 19, 1995, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.