[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3858 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 3858
To reauthorize the September 11th Victim Compensation Fund and to
create a fund to compensate U.S. victims of state sponsored terrorism
who hold final judgments from Article III courts and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 29, 2015
Mr. Chabot (for himself, Mr. Goodlatte, and Mr. Smith of Texas)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To reauthorize the September 11th Victim Compensation Fund and to
create a fund to compensate U.S. victims of state sponsored terrorism
who hold final judgments from Article III courts and for other
purposes.
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 ``September 11th VCF Reauthorization
and U.S. Victims of State Sponsored Terrorism Compensation Act''.
TITLE I--REAUTHORIZATION OF THE SEPTEMBER 11TH VICTIM COMPENSATION FUND
SEC. 101. DEFINITIONS.
Section 402 of the September 11th Victim Compensation Fund of 2001
(49 U.S.C. 40101 note) is amended--
(1) by redesignating paragraphs (5), (6), (7), (8), (9),
(10), (11), (12), (13), and (14) as paragraphs (6), (7), (8),
(9), (10), (11), (13), (14), (15), and (19), respectively;
(2) by inserting after paragraph (4) the following:
``(5) Certified-eligible wtc survivor.--The term
`certified-eligible WTC survivor' has the meaning given such
term in section 3321(a)(2) of the Public Health Service Act (42
U.S.C. 300mm-31(a)(2)).'';
(3) in paragraph (10), as so redesignated--
(A) by striking ``medical expense loss,'';
(B) by striking ``and loss of business or
employment opportunities'' and inserting ``, loss of
business or employment opportunities, and past out-of-
pocket medical expense loss''; and
(C) by inserting ``, but does not include future
medical expense loss'' before the period at the end;
(4) by inserting after paragraph (11), as so redesignated,
the following:
``(12) Enrolled wtc responder.--The term `enrolled WTC
responder' has the meaning given such term in section 3306 of
the Public Health Service Act (42 U.S.C. 300mm-5).'';
(5) by inserting after paragraph (15), as so redesignated,
the following:
``(16) World trade center health program.--The term `World
Trade Center Health Program' means the program established by
section 3301 of the Public Health Service Act (42 U.S.C.
300mm).
``(17) WTC program administrator.--The term `WTC Program
Administrator' has the meaning given such term in section 3306
of the Public Health Service Act (42 U.S.C. 300mm-5).
``(18) WTC-related physical health condition.--
``(A) In general.--The term `WTC-related physical
health condition'--
``(i) means, subject to clause (ii), a WTC-
related physical health condition as defined by
section 3312(a) of the Public Health Service
Act (42 U.S.C. 300mm-22(a)), including the
conditions listed in section 3322(b) of such
Act (42 U.S.C. 300mm-32(b)); and
``(ii) does not include any type of mental
health condition.
``(B) Medical judgment of wtc program
administrator.--For purposes of determining the
conditions that meet the definition of a WTC-related
physical health condition, the Special Master shall
rely on the medical judgment of the WTC Program
Administrator.''; and
(6) in paragraph (19), as so redesignated, by amending
subparagraph (C) to read as:
``(C) the area in Manhattan that is south of the
line that runs along Canal Street from the Hudson River
to the intersection of Canal Street and East Broadway,
north on East Broadway to Clinton Street, and east on
Clinton Street to the East River; and''.
SEC. 102. PURPOSE.
Section 403 of the September 11th Victim Compensation Fund of 2001
(49 U.S.C. 40101 note) is amended by inserting ``, or the rescue and
recovery efforts during the immediate aftermath of such crashes''
before the period at the end.
SEC. 103. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
Section 405 of the September 11th Victim Compensation Fund of 2001
(49 U.S.C. 40101 note) is amended--
(1) in subsection (a)(3), by striking ``during the period''
and all that follows through the period and inserting ``during
either--
``(i) the period beginning on October 3,
2011, and ending on October 3, 2016; or
``(ii) the period beginning on October 4,
2016, and ending on October 4, 2021.'';
(2) in subsection (b)(6), by inserting ``, or the rescue
and recovery efforts during the immediate aftermath of such
crashes'' before the period; and
(3) in subsection (c)(3)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``the period
described in subsection (a)(3)(B)'' and
inserting ``a period described in clause (i) or
(ii) of subsection (a)(3)(B)'';
(ii) in clause (i)(I)--
(I) by striking ``the date
specified in clause (iii)'' and
inserting ``October 3, 2011'';
(II) by striking ``before such
specified date'' and inserting ``before
such date''; and
(III) by striking ``such specified
date.'' and inserting ``October 3,
2011.'';
(iii) in clause (i)(II)--
(I) by striking ``date specified in
clause (iii)'' and inserting ``October
3, 2011,''; and
(II) by striking ``on or after such
specified date'' and inserting ``on or
after such date''; and
(iv) by striking clauses (ii) and (iii) and
inserting the following:
``(ii) WTC health program requirements for
eligibility.--
``(I) In general.--Subject to
subclause (II), an individual may file
a claim during a period described in
clause (i) or (ii) of subsection
(a)(3)(B) only if the individual has a
WTC-related physical health condition
and with respect to such condition--
``(aa) the individual is an
enrolled WTC responder;
``(bb) the individual is a
certified-eligible WTC
survivor; or
``(cc) the individual is an
individual described in section
3323(b) of the Public Health
Service Act (42 U.S.C. 300mm-
33(b)).
``(II) Personal representatives.--
An individual who is a personal
representative described in paragraph
(2)(C) may file a claim during a period
described in clause (i) or (ii) of
subsection (a)(3)(B) only if the
Special Master, with assistance from
the WTC Program Administrator as
necessary, determines that the
Administrator would have determined
that--
``(aa) the condition that
caused the death of the
decedent was a WTC-related
physical health condition; and
``(bb) on the date of the
death of a decedent, the
decedent would have qualified
to be an enrolled WTC
responder, a certified-eligible
WTC survivor, or an individual
described in section 3323(b) of
the Public Health Service Act
(42 U.S.C. 300mm-33(b)).''; and
(B) in subparagraph (C)--
(i) in clause (ii), by striking ``the
period described in subsection (a)(3)(B)'' and
inserting ``a period described in clause (i) or
(ii) of subsection (a)(3)(B)''; and
(ii) in clause (iii), by striking ``the
date on which the James Zadroga 9/11 Health and
Compensation Act of 2010 was enacted'' and
inserting ``January 2, 2011''.
SEC. 104. PAYMENTS TO ELIGIBLE INDIVIDUALS.
Section 406 of the September 11th Victim Compensation Fund of 2001
(49 U.S.C. 40101 note) is amended--
(1) in subsection (b)--
(A) by striking ``This title constitutes'' and
inserting the following:
``(1) First extended period.--This title constitutes'';
(B) by striking ``subsection (d)(1)'' and inserting
``subsection (d)(1)(A)''; and
(C) by adding at the end the following:
``(2) Final extended period.--For claims submitted between
October 4, 2016, and October 4, 2021, amounts in the 9/11 Fund
shall be available, without further appropriation, for the
payment of amounts for compensation under this title subject to
the limitations under subsection (d).''; and
(2) by amending subsection (d) to read as follows:
``(d) Limitation.--
``(1) In general.--
``(A) First extended period.--The total amount of
Federal funds paid for compensation under this title,
with respect to claims filed during the 5-year period
described in section 405(a)(3)(B)(i), shall not exceed
$2,775,000,000. Of such amounts, not to exceed
$875,000,000 shall be available to pay such claims
during such 5-year period.
``(B) Final extended period.--The total amount of
Federal funds paid for compensation under this title,
with respect to claims filed during the 5-year period
described in section 405(a)(3)(B)(ii), shall not exceed
$2,775,000,000. Of such amounts, not to exceed
$1,400,000,000 shall be available to pay such claims
during such 5-year period.
``(2) Pro-ration and payment of remaining claims.--
``(A) In general.--The Special Master shall ratably
reduce the amount of compensation due claimants under
this title in a manner to ensure, to the extent
possible, that--
``(i) all claimants who, before application
of the limitation under the second sentence of
subparagraph (A) or (B) of paragraph (1), as
applicable, would have been determined to be
entitled to a payment under this title during
the applicable 5-year period, receive a payment
during such period; and
``(ii) the total amount of all such
payments made during the applicable 5-year
period do not exceed the amount available under
the second sentence of subparagraph (A) or (B)
of paragraph (1), as applicable, to pay claims
during such period.
``(B) Payment of remainder of claim amounts.--
``(i) In general.--In any case in which the
amount of a claim is ratably reduced pursuant
to subparagraph (A), on or after the first day
after the 5-year period described in
subparagraph (A) or (B) of paragraph (1), as
applicable, but in no event later than 1 year
after the applicable 5-year period, the Special
Master shall pay to the claimant the amount
that is equal to the difference between--
``(I) the amount that the claimant
would have been paid under this title
during the applicable 5-year period
without regard to the limitation under
the second sentence of subparagraph (A)
or (B) of paragraph (1) applicable to
the 5-year period described in such
applicable subparagraph; and
``(II) the amount the claimant was
paid under this title during the
applicable 5-year period.
``(ii) Pro rata distribution.--The Special
Master shall ratably reduce the payments made
under this subparagraph to ensure that the
total amount of payments made for claims
submitted during the applicable 5-year period
do not exceed the limitations under the first
sentence of paragraph (1)(A) or paragraph
(1)(B) as applicable. In addition, for payments
made pursuant to this subparagraph for claims
submitted during the 5-year period described in
section 405(a)(3)(B)(ii), the Special Master
shall, if necessary, reduce such payments to
ensure that the proportional ratio for such
payments does not exceed the proportional ratio
for payments made on claims submitted during
the 5-year period described in section
405(a)(3)(B)(i).
``(iii) Final allocation.--If after all
payments are made pursuant to subparagraph (B)
on claims submitted between October 4, 2016,
and October 4, 2021, funds remain in the 9/11
Fund and claims were ratably reduced pursuant
to clause (ii), the Special Master shall
distribute the remaining funds on a pro rata
basis to claimants who submitted claims during
either 5-year period described in section
405(a)(3)(B) whose claims were ratably reduced.
If funds remain in the 9/11 Fund after such
payments, such funds shall be transferred into
the United States Victims of State Sponsored
Terrorism Fund created by title II of this Act.
``(C) Termination.--Upon completion of all payments
pursuant to this subsection, the Victim's Compensation
Fund shall be permanently closed.''.
SEC. 105. 9/11 FUND.
The September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note) is amended by adding at the end the following new section:
``SEC. 410. 9/11 FUND.
``(a) Establishment of the 9/11 Fund.--There is established in the
Treasury a fund, to be designated as the 9/11 Fund.
``(b) Funding.--Beginning on the date of the enactment of this Act,
$2,775,000,000 of the funds paid to the United States Government by BNP
Paribas S.A. (BNPP) as part of, or related to, a plea agreement dated
June 27, 2014, entered into between the United States Department of
Justice and BNPP, and subject to a consent order entered by the United
States District Court for the Southern District of New York on May 1,
2015, in United States v. BNPP, No. 14 Cr. 460 (SDNY) to settle charges
against BNPP for conspiracy to commit an offense against the United
States in violation of section 371 of title 18, United States Code, by
conspiring to violate the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), and the Trading with the Enemy Act (50 U.S.C.
App. 1 et seq.) shall be deposited or transferred into the Fund for
distribution for claims submitted between October 4, 2016, and October
4, 2021, under this Act.
``(c) Management of Fund.--The Fund shall be managed and invested
in the same manner as a trust fund is managed and invested under
section 9602 of the Internal Revenue Code of 1986.''.
TITLE II--COMPENSATION FOR UNITED STATES VICTIMS OF STATE SPONSORED
TERRORISM ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Justice for United States Victims
of State Sponsored Terrorism Act''.
SEC. 202. ADMINISTRATION OF THE U.S. VICTIMS OF STATE SPONSORED
TERRORISM FUND.
(a) Administration of the Fund.--
(1) Appointment and terms of special master.--
(A) Initial appointment.--Not later than 60 days
after the date of the enactment of this Act, the
Attorney General shall appoint a Special Master. The
initial term for the Special Master shall be 18 months.
(B) Additional terms.--Thereafter, each time the
Attorney General determines sufficient money is
available in the Fund to compensate eligible victims,
the Attorney General shall appoint or reappoint a
Special Master for such period as is appropriate, not
to exceed one year.
(C) Special master to administer compensation from
the fund.--The Special Master shall administer the
compensation program described in this title for United
States persons who are victims of state sponsored
terrorism.
(2) Use of department of justice personnel.--The Special
Master may utilize, as necessary, no more than five full-time
equivalent Department of Justice personnel to assist in
carrying out the duties of the Special Master under this title.
(3) Compensation of special master.--The Special Master
shall be compensated from the Fund at a rate not to exceed the
annual rate of basic pay for level IV of the Executive
Schedule, as prescribed by section 5315 of title 5, United
States Code.
(b) Publication of Regulations and Procedures.--
(1) In general.--Not later than 60 days after the date of
the initial appointment of the Special Master, the Special
Master shall publish in the Federal Register and on a website
maintained by the Department of Justice a notice specifying the
procedures necessary for United States persons to apply and
establish eligibility for payment. Such notice is not subject
to the requirements of section 533 of title 5, United States
Code.
(2) Information regarding other sources of compensation.--
As part of the procedures for United States persons to apply
and establish eligibility for payment, the Special Master shall
require applicants to provide the Special Master with
information regarding the amount of compensation from any
source other than this Fund that the claimant (or, in the case
of a personal representative, the victim's beneficiaries) has
received or is entitled to receive as a result of the act of
international terrorism that gave rise to a claimant's final
judgment.
(c) Decisions of the Special Master.--All decisions made by the
Special Master with regard to compensation from the Fund shall be--
(1) in writing and provided to the Attorney General, each
claimant and, if applicable, the attorney for each claimant;
and
(2) final and, except as provided in subsection (d), not
subject to administrative or judicial review.
(d) Review Hearing.--
(1) Not later than 30 days after receipt of a written
decision by the Special Master, a claimant whose claim is
denied in whole or in part by the Special Master may request a
hearing before the Special Master pursuant to procedures
established by the Special Master.
(2) Not later than 90 days after any such hearing, the
Special Master shall issue a written decision affirming or
amending the original decision. This written decision is final
and nonreviewable.
SEC. 203. ELIGIBLE CLAIMS.
(a) Generally.--For the purposes of this title, a claim is an
eligible claim if the Special Master determines that--
(1) the judgment holder is a United States person;
(2) the claim is described in subsection (b); and
(3) the requirements of subsection (c) are met.
(b) In General.--The claims referred to in subsection (a) are
claims for--
(1) compensatory damages awarded to a United States person
in a final judgment--
(A) issued by a United States district court under
State or Federal law against a state sponsor of
terrorism; and
(B) arising from acts of international terrorism,
for which the foreign state was determined not to be
immune from the jurisdiction of the courts of the
United States under section 1605A, or section
1605(a)(7) (as such section was in effect on January
27, 2008), of title 28, United States Code; or
(2) the sum total of $10,000 per day for each day that a
United States person was taken and held hostage from the United
States embassy in Tehran, Iran, during the period beginning
November 4, 1979, and ending January 20, 1981.
(c) Deadline for Application Submission.--
(1) The deadline for submitting an application for a
payment under this section is as follows:
(A) Not later than 90 days after the date of the
publication required under section 202(b)(2), with
regard to an application based on--
(i) a final judgment described in
subsection (b)(1) obtained before that date of
publication; or
(ii) a claim described in subsection
(b)(2).
(B) Not later than 90 days after the date of
obtaining a final judgment, with regard to a final
judgment obtained on or after the date of that
publication.
(2) For good cause shown, the Special Master may grant a
claimant a reasonable extension of a deadline under this
subsection.
SEC. 204. PAYMENTS.
(a) To Whom Made.--The Special Master shall order payment from the
Fund for each eligible claim of a United States person to that person
or, if that person is deceased, to the personal representative of the
estate of that person.
(b) Timing of Initial Payments.--The Special Master shall authorize
all initial payments to satisfy eligible claims under this title not
later than 1 year after the date of the enactment of this Act.
(c) Payments To Be Made Pro Rata.--
(1) In general.--Except as provided in paragraph (2), the
Special Master shall carry out subsection (a), by dividing all
available funds on a pro rata basis, based on the amounts
outstanding and unpaid on eligible claims, until all such
amounts have been paid in full. In the event that a United
States person has an eligible claim that exceeds $100 million,
the Special Master shall treat that claim as if it were for
$100 million for purposes of this section.
(2) Minimum payments.--
(A) Any applicant with an eligible claim described
in section 203(b)(1) who has received, or is eligible
or scheduled to receive, any payment that is equal to,
or in excess of, 30 percent of the total compensatory
damages owed to such applicant on the applicant's claim
from any source other than this Fund shall not receive
any payment from the Fund until such time as all other
eligible applicants have received from the Fund an
amount equal to 30 percent of the compensatory damages
awarded to those applicants. For purposes of
calculating the pro rata for these payments, the
Special Master shall not include the total compensatory
damages for applicants excluded from payment by this
subparagraph.
(B) To the extent that an applicant with an
eligible claim has received less than 30 percent of the
compensatory damages owed that applicant under a final
judgment described in section 203(b)(1) from any source
other than this Fund, such applicant may apply to the
Special Master for the difference between the
percentage of compensatory damages the applicant has
received from other sources and the percentage of
compensatory damages to be awarded other eligible
applicants from the Fund.
(d) Additional Payments.--On January 1 of the second calendar year
that begins after the date of the initial payments described in
subsection (a) if funds are available in the Fund, the Special Master
shall authorize additional payments on a pro rata basis to those
claimants with eligible claims under section 203(b)(1) and shall
authorize additional payments for eligible claims annually thereafter
if funds are available in the Fund.
(e) Subrogation and Retention of Rights.--
(1) United states subrogated to creditor rights to the
extent of payment.--The United States shall be subrogated to
the rights of any person who applies for and receives payments
under this title, but only to the extent and in the amount of
such payments made under this title. The President shall pursue
these subrogated rights as claims or offsets of the United
States in appropriate ways, including any negotiation process
that precedes the normalization of relations between the
foreign state designated as a state sponsor of terrorism and
the United States or the lifting of sanctions against such
foreign state.
(2) Rights retained.--To the extent amounts of damages
remain unpaid and outstanding under this section, each
applicant shall retain that applicant's creditor rights in any
unpaid and outstanding amounts of the judgment, including any
prejudgment or post-judgment interest, or punitive damages,
awarded by the United States district court pursuant to a
judgment.
SEC. 205. UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND.
(a) Establishment of U.S. Victims of State Sponsored Terrorism
Fund.--There is established in the Treasury a fund, to be designated as
the United States Victims of State Sponsored Terrorism Fund.
(b) In General.--Beginning on the date of the enactment of this
Act, the following shall be deposited or transferred into the Fund for
distribution under this title:
(1) Forfeited funds and property.--All funds, and the net
proceeds from the sale of property, forfeited or paid to the
United States after the date of enactment of this Act as a
civil or criminal penalty or fine arising from a violation of
any license, order, regulation, or prohibition issued under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) or the Trading with the Enemy Act (50 U.S.C. App. 1 et
seq.), or any related civil or criminal conspiracy, scheme, or
other Federal offense arising from the actions of, or doing
business with, a state sponsor of terrorism.
(2) Transfer of forfeited funds related to plea agreement
and settlement between the united states and bnp paribas s.a.--
All funds, excluding those funds transferred to the 9/11 Fund
by title I of this Act, paid to the United States Government by
BNP Paribas S.A. (BNPP) as part of, or related to, a plea
agreement dated June 27, 2014, entered into between the United
States Department of Justice and BNPP, and subject to a consent
order entered by the United States District Court for the
Southern District of New York on May 1, 2015, in United States
v. BNPP, No. 14 Cr. 460 (SDNY) to settle charges against BNPP
for conspiracy to commit an offense against the United States
in violation of section 371 of title 18, United States Code, by
conspiring to violate the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.), and the Trading with the
Enemy Act (50 U.S.C. App. 1 et seq.).
(3) Transfer into fund of certain assigned assets of iran
and election to participate in fund.--
(A) Deposit into fund of assigned proceeds from
sale of properties and related assets identified in in
re 650 fifth avenue & related properties.--
(i) In general.--Except as provided in
clause (ii), if the United States receives a
final judgment forfeiting the properties and
related assets identified in the proceedings
captioned as In Re 650 Fifth Avenue & Related
Properties, No. 08 Civ. 10934 (S.D.N.Y. filed
Dec. 17, 2008), the net proceeds (not including
the litigation expenses and sales costs
incurred by the United States) resulting from
the sale of such properties and related assets
by the United States shall be deposited into
the Fund.
(ii) Limitation.--The following proceeds
resulting from any sale of the properties and
related assets identified in clause (i) shall
not be transferred into the Fund:
(I) The percentage of proceeds
attributable to any party identified as
a Settling Judgment Creditor in the
order dated April 16, 2014, in such
proceedings, who does not make an
election (described in subparagraph
(C)) to participate in the Fund.
(II) The percentage of proceeds
attributable to the parties identified
as the Hegna Judgment Creditors in such
proceedings, unless and until a final
judgment is entered denying the claims
of such creditors.
(B) Deposit into fund of assigned assets identified
in petersen v. islamic republic of iran.--If a final
judgment is entered in Peterson v. Islamic Republic of
Iran, No. 10 Civ. 4518 (S.D.N.Y.), awarding the assets
at issue in that case to the plaintiffs, those assets
shall be deposited into the Fund, but only to the
extent, and in such percentage, that the rights, title,
and interest to such assets were assigned through
elections made pursuant to subparagraph (C).
(C) Election to participate in the fund.--Upon
written notice to the Attorney General, the Special
Master, and the chief judge of the United States
District Court for the Southern District of New York
within 60 days of the date of enactment of this Act, a
United States person, who is a plaintiff in the
proceedings captioned Petersen v. Islamic Republic of
Iran, No. 10 Civ. 4518 (S.D.N.Y.), or a Settling
Judgment Creditor as identified in the proceedings
captioned In Re 650 Fifth Avenue & Related Properties,
No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), shall
have the right to elect to participate in the Fund and,
to the extent any such person exercises such right,
shall irrevocably assign to the Fund all rights, title,
and interest to such person's claims to the assets at
issues in such proceedings. To the extent that a United
States person is both a plaintiff in the proceedings
captioned Petersen v. Islamic Republic of Iran, No. 10
Civ. 4518 (SDNY) and a Settling Judgment Creditor in In
Re 650 Fifth Avenue & Related Properties, No. 08 Civ.
10934 (S.D.N.Y. filed Dec. 17, 2008), any election by
such person to participate in the Fund pursuant to this
paragraph shall operate as an election to assign any
and all rights, title, and interest in the assets in
both actions for the purposes of participating in the
Fund. The Attorney General is authorized to pursue any
such assigned rights, title, and interest in those
claims for the benefit of the Fund.
(D) Application for conditional payment.--A United
States person who is a plaintiff in the proceedings
identified in subparagraph (C) and who does not elect
to participate in the Fund may, notwithstanding such
failure to elect, submit an application for conditional
payment from the Fund, subject to the following
limitations:
(i) Notwithstanding any such claimant's
eligibility for payment and the initial
deadline for initial payments set forth in
section 204(b), the Special Master shall
allocate but withhold payment to an eligible
claimant who applies for a conditional payment
under this paragraph until such time as an
adverse final judgment is entered in both of
the proceedings identified in subparagraph (C).
(ii) In the event that a final judgment is
entered in favor of the plaintiffs in the
proceedings identified in subparagraph (C), the
payments allocated to claimants who applied for
a conditional payment under this subparagraph
shall be considered void, and any funds
previously allocated to such conditional
payments shall be made available and
distributed to all other eligible claimants
pursuant to section 204.
(c) Expenditures From Fund.--Amounts in the Fund shall be
available, without further appropriation, for the payment of eligible
claims and compensation of the Special Master in accordance with this
title.
(d) Management of Fund.--The Fund shall be managed and invested in
the same manner as a trust fund is managed and invested under section
9602 of the Internal Revenue Code of 1986.
SEC. 206. AWARD OF COMPENSATION TO INFORMERS.
(a) In General.--Any United States person who holds a final
judgment described in section 203(b)(1) and who meets the requirements
set forth in subsection (b) of this section is entitled to receive an
award of 10 percent of the funds deposited in the Fund attributable to
information such person furnished to the Attorney General that leads to
a forfeiture described in section 203(a)(1), which is made after the
date of enactment of this Act pursuant to a proceeding resulting in
forfeiture that was initiated after the date of enactment of this Act.
(b) Person Described.--A person meets the requirements of this
subsection if--
(1) the person identifies and notifies the Attorney General
of funds or property--
(A) of a state sponsor of terrorism, or held by a
third party on behalf of or subject to the control of
that state sponsor of terrorism;
(B) that were not previously identified or known by
the United States Government; and
(C) that are subsequently forfeited directly or in
the form of substitute assets to the United States; and
(2) the Attorney General finds that the identification and
notification under paragraph (1) by that person substantially
contributed to the forfeiture to the United States.
SEC. 207. SPECIAL EXCLUSION FROM COMPENSATION.
In no event shall an individual who is criminally culpable for an
act of international terrorism receive any compensation under this
title, either directly or on behalf of a victim.
SEC. 208. REPORT TO CONGRESS.
Within 30 days after authorizing the payment of compensation of
eligible claims pursuant to section 204, the Special Master shall
submit to the chairman and ranking minority member of the Committee on
the Judiciary of the House of Representatives and the chairman and
ranking minority member of the Committee on the Judiciary of the Senate
a report on the payment of eligible claims, which shall include--
(1) an explanation of the procedures for filing and
processing of applications for compensation; and
(2) an analysis of the payments made to United States
persons from the Fund and the amount of outstanding eligible
claims, including--
(A) the number of applications for compensation
submitted;
(B) the number of applications approved and the
amount of each award;
(C) the number of applications denied and the
reasons for the denial;
(D) the number of applications for compensation
that are pending for which compensatory damages have
not been paid in full; and
(E) the total amount of compensatory damages from
eligible claims that have been paid and that remain
unpaid.
SEC. 209. DEFINITIONS.
In this title the following definitions apply:
(1) Act of international terrorism.--The term ``act of
international terrorism'' includes--
(A) an act of torture, extrajudicial killing,
aircraft sabotage, or hostage taking as those terms are
defined by section 1605A(h) of title 28, United States
Code; and
(B) as defined by section 2339A of title 18, United
States Code, the provision of material support or
resources for an act described in subparagraph (A).
(2) Adverse final judgment.--The term ``adverse final
judgment'' means a final judgment in favor of the defendant, or
defendants, in the proceedings identified in section
205(b)(3)(C), or which does not order any payment from, or
award any interest in, the assets at issue in such proceedings
to the plaintiffs or Settling Judgment Creditors in such
proceedings.
(3) Compensatory damages.--The term ``compensatory
damages'' does not include pre-judgment or post-judgment
interest or punitive damages.
(4) Final judgment.--The term ``final judgment'' means an
enforceable final judgment, decree or order on liability and
damages entered by a United States district court that is not
subject to further appellate review, but does not include a
judgment, decree, or order that has been waived, relinquished,
satisfied, espoused by the United States, or subject to a
bilateral claims settlement agreement between the United States
and a foreign state.
(5) Fund.--The term ``Fund'' means the United States
Victims of State Sponsored Terrorism Fund established by this
title.
(6) Source other than this fund.--The term ``source other
than this Fund'' means all collateral sources, including life
insurance, pension funds, death benefit programs, and payments
by Federal, State, or local governments (including payments
from the September 11th Victims Compensation Fund (49 U.S.C.
40101 note)), and court awarded compensation related to the act
of international terrorism that gave rise to a claimant's final
judgment.
(7) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), section 620A of the Foreign Assistance Act of 1961
(22 U.S.C. 2371), section 40 of the Arms Export Control Act (22
U.S.C. 2780), or any other provision of law, is a government
that has repeatedly provided support for acts of international
terrorism.
(8) United states person.--The term ``United States
person'' means a natural person entitled to a private right of
action under section 1605A(c) of title 28, United States Code.
SEC. 210. SEVERABILITY.
The provisions of this title are severable. If any provision of
this title, or any application thereof, is found unconstitutional, that
finding shall not affect any provision or application of the Act not so
adjudicated.
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