[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5156 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5156

   To amend the Justice for United States Victims of State Sponsored 
 Terrorism Act to authorize appropriations for catch-up payments from 
 the United States Victims of State Sponsored Terrorism Fund, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            November 30 (legislative day, November 29), 2022

  Mr. Cotton (for himself and Mr. Sullivan) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Justice for United States Victims of State Sponsored 
 Terrorism Act to authorize appropriations for catch-up payments from 
 the United States Victims of State Sponsored Terrorism Fund, 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 ``Fairness for American Victims of 
State-Sponsored Terrorism Act''.

SEC. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM 
              ACT.

    (a) In General.--Section 404 of the Justice for United States 
Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(B), in the first sentence, by 
                inserting ``and during the 1-year period beginning on 
                the date of enactment of the Fairness for American 
                Victims of State-Sponsored Terrorism Act, the Special 
                Master may utilize an additional 5 full-time equivalent 
                Department of Justice personnel'' before the period at 
                the end; and
                    (B) in paragraph (2)(A), by inserting ``Not later 
                than 30 days after the date of enactment of the 
                Fairness for American Victims of State-Sponsored 
                Terrorism Act, the Special Master shall update, as 
                necessary as a result of the enactment of such Act, 
                such procedures and other guidance previously issued by 
                the Special Master.'' after the period at the end of 
                the second sentence;
            (2) in subsection (c)(3)(A), by striking clause (ii) and 
        inserting the following:
                            ``(ii) 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, unless--
                                    ``(I) the final judgment was 
                                awarded to a 9/11 victim, 9/11 spouse, 
                                or 9/11 dependent before the date of 
                                enactment of the United States Victims 
                                of State Sponsored Terrorism Fund 
                                Clarification Act, in which case such 
                                United States person shall have 90 days 
                                from the date of enactment of such Act 
                                to submit an application for payment; 
                                or
                                    ``(II) the final judgment was 
                                awarded to a 1983 Beirut barracks 
                                bombing victim before the date of 
                                enactment of the Fairness for American 
                                Victims of State-Sponsored Terrorism 
                                Act, in which case such United States 
                                person shall have 180 days from the 
                                date of enactment of such Act to submit 
                                an application for payment.'';
            (3) in subsection (d)(4)--
                    (A) in subparagraph (A), by striking ``(B) and 
                (C)'' and inserting ``(B), (C), and (D)'';
                    (B) in subparagraph (C), by adding at the end the 
                following:
                            ``(iv) Authorization.--
                                    ``(I) In general.--The Special 
                                Master shall authorize lump sum catch-
                                up payments in amounts equal to the 
                                amounts described in subclauses (I), 
                                (II), and (III) of clause (iii).
                                    ``(II) Appropriations.--
                                            ``(aa) In general.--There 
                                        are authorized to be 
                                        appropriated and there are 
                                        appropriated to the Fund such 
                                        sums as are necessary to carry 
                                        out this clause, to remain 
                                        available until expended.
                                            ``(bb) Limitation.--Amounts 
                                        appropriated pursuant to item 
                                        (aa) may not be used for a 
                                        purpose other than to make lump 
                                        sum catch-up payments under 
                                        this clause.''; and
                    (C) by adding at the end the following:
                    ``(D) Lump sum catch-up payments for beirut 
                barracks bombing victims, spouses, and dependents.--
                            ``(i) In general.--Not later than 1 year 
                        after the enactment of the Fairness for 
                        American Victims of State-Sponsored Terrorism 
                        Act, and in accordance with clauses (i) and 
                        (ii) of subsection (d)(3)(A), the Comptroller 
                        General of the United States shall conduct an 
                        audit and publish in the Federal Register a 
                        notice of proposed lump sum catch-up payments 
                        to the 1983 Beirut barracks bombing victims who 
                        have submitted applications in accordance with 
                        subsection (c)(3)(A)(ii)(II) in amounts that, 
                        after receiving the lump sum catch-up payments, 
                        would result in the percentage of the claims of 
                        such victims received from the Fund being equal 
                        to the percentage of the claims non-9/11 victim 
                        of state sponsored terrorism received from the 
                        Fund, as of the date of enactment of this 
                        subparagraph.
                            ``(ii) Public comment.--The Comptroller 
                        General shall provide an opportunity for public 
                        comment for a 30-day period beginning on the 
                        date on which the notice is published under 
                        clause (i).
                            ``(iii) Report.--Not later than 30 days 
                        after the expiration of the comment period in 
                        clause (ii), the Comptroller General of the 
                        United States shall submit to the Committee on 
                        the Judiciary and the Committee on 
                        Appropriations of the Senate, the Committee on 
                        the Judiciary and the Committee on 
                        Appropriations of the House of Representatives, 
                        and the Special Master a report that includes 
                        the determination of the Comptroller General on 
                        the amount of the proposed lump sum catch-up 
                        payment for each Beirut barracks bombing victim 
                        and the total amount of such proposed lump sum 
                        catch-up payments.
                            ``(iv) Lump sum catch-up payment reserve 
                        fund.--
                                    ``(I) In general.--There is 
                                established within the Fund a lump sum 
                                catch-up payment reserve fund, to 
                                remain in reserve except in accordance 
                                with this subsection.
                                    ``(II) Authorization.--Not earlier 
                                than 90 days after the date on which 
                                the Comptroller General submits the 
                                report required under clause (iii), and 
                                not later than 1 year after such date, 
                                the Special Master shall authorize lump 
                                sum catch-up payments from the reserve 
                                fund established under subclause (I) in 
                                amounts equal to the amounts described 
                                in clause (iii).
                                    ``(III) Appropriations.--
                                            ``(aa) In general.--There 
                                        are authorized to be 
                                        appropriated and there are 
                                        appropriated to the lump sum 
                                        catch-up payment reserve fund 
                                        $3,000,000,000 to carry out 
                                        this clause, to remain 
                                        available until expended.
                                            ``(bb) Limitation.--Except 
                                        as provided in sublcause (IV), 
                                        amounts appropriated pursuant 
                                        to item (aa) may not be used 
                                        for a purpose other than to 
                                        make lump sum catch-up payments 
                                        under this clause.
                                    ``(IV) Expiration.--
                                            ``(aa) In general.--The 
                                        lump sum catch-up payment 
                                        reserve fund established by 
                                        this clause shall be terminated 
                                        not later than 1 year after the 
                                        Special Master disperses all 
                                        lump sum catch-up payments 
                                        pursuant to subclause (II).
                                            ``(bb) Remaining amounts.--
                                        All amounts remaining in the 
                                        lump sum catch-up payment 
                                        reserve fund in excess of the 
                                        amounts described in clause 
                                        (iii) shall be deposited into 
                                        the Fund under this section.'';
            (4) in subsection (e), by striking paragraph (2) and 
        inserting the following:
            ``(2) Deposit and transfer.--Beginning on the date of the 
        enactment of this Act, the following shall be deposited or 
        transferred into the Fund for distribution under this section:
                    ``(A) Criminal 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 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 criminal 
                conspiracy, scheme, or other Federal offense arising 
                from the actions of, or doing business with or acting 
                on behalf of, a state sponsor of terrorism.
                    ``(B) Civil funds and property.--Seventy-five 
                percent of all funds, and seventy-five percent of 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 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 conspiracy, scheme, or other Federal 
                offense arising from the actions of, or doing business 
                with or acting on behalf of, a state sponsor of 
                terrorism.'';
            (5) in subsection (g)(1), by striking ``(e)(2)(A)'' and 
        inserting ``(e)(2)''; and
            (6) in subsection (j), by adding at the end the following:
            ``(15) 1983 beirut bombing victim.--The term `1983 Beirut 
        bombing victim' means a plaintiff, or estate or successor in 
        interest thereof, who has an eligible claim under subsection 
        (c) that arises out of the October 23, 1983, bombing of the 
        United States Marine Corps barracks in Beirut, Lebanon.''.
    (b) Rescissions.--
            (1) Business loans program account.--Of the unobligated 
        balances of amounts made available under the heading ``Small 
        Business Administration--Business Loans Program Account, CARES 
        Act'', for carrying out paragraphs (36) and (37) of section 
        7(a) of the Small Business Act (15 U.S.C. 636(a)), 
        $2,982,000,000 are hereby rescinded.
            (2) Emergency rental assistance.--Of the unobligated 
        balances of amounts made available under section 3201(a) of the 
        American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 
        54), $3,000,000,000 are hereby rescinded.
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