[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3047 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3047

 To award payments to employees of Air America who provided support to 
      the United States from 1950 to 1976, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2023

  Mr. Rubio (for himself, Mr. Warner, and Mr. Cornyn) introduced the 
    following bill; which was read twice and referred to the Select 
                       Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
 To award payments to employees of Air America who provided support to 
      the United States from 1950 to 1976, 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 ``Air America Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Air America and its affiliated companies, in 
        coordination with the Central Intelligence Agency, provided 
        direct and indirect support to the United States Government 
        from 1950 to 1976.
            (2) The service and sacrifice of employees of Air America 
        included--
                    (A) suffering a high rate of casualties in the 
                course of service;
                    (B) saving thousands of lives in search and rescue 
                missions for downed United States airmen and allied 
                refugee evacuations; and
                    (C) serving lengthy periods under challenging 
                circumstances abroad.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affiliated company.--The term ``affiliated company'', 
        with respect to Air America, includes Air Asia Company Limited, 
        CAT Incorporated, Civil Air Transport Company Limited, and the 
        Pacific Division of Southern Air Transport.
            (2) Air america.--The term ``Air America'' means Air 
        America, Incorporated.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Select Committee on 
                Intelligence, and the Committee on Appropriations of 
                the Senate; and
                    (B) the Committee on Oversight and Accountability, 
                the Permanent Select Committee on Intelligence, and the 
                Committee on Appropriations of the House of 
                Representatives.
            (4) Child; dependent; widow; widower.--The terms ``child'', 
        ``dependent'', ``widow'', and ``widower'' have the meanings 
        given those terms in section 8341(a) of title 5, United States 
        Code, except that section shall be applied by substituting 
        ``individual who performed qualifying service'' for ``employee 
        or Member''.
            (5) Covered decedent.--The term ``covered decedent'' means 
        an individual who was killed in Southeast Asia while supporting 
        operations of the Central Intelligence Agency during the period 
        beginning on January 1, 1950, and ending on December 31, 1976, 
        as a United States citizen employee of Air America or an 
        affiliated company.
            (6) Director.--The term ``Director'' means the Director of 
        the Central Intelligence Agency.
            (7) Qualifying service.-- The term ``qualifying service'' 
        means service that--
                    (A) was performed by a United States citizen as an 
                employee of Air America or an affiliated company during 
                the period beginning on January 1, 1950, and ending on 
                December 31, 1976; and
                    (B) is documented in--
                            (i) the corporate records of Air America or 
                        an affiliated company;
                            (ii) records possessed by the United States 
                        Government; or
                            (iii) the personal records of a former 
                        employee of Air America or an affiliated 
                        company that are verified by the United States 
                        Government.
            (8) Survivor.--The term ``survivor''means--
                    (A) the widow or widower of--
                            (i) an individual who performed qualifying 
                        service; or
                            (ii) a covered decedent; or
                    (B) an individual who, at any time during or since 
                the period of qualifying service, or on the date of 
                death of a covered decedent, was a dependent or child 
                of--
                            (i) the individual who performed such 
                        qualifying service; or
                            (ii) the covered decedent.

SEC. 4. AWARD AUTHORIZED TO ELIGIBLE PERSONS.

    (a) In General.--Subject to the limitation in subsection (d), the 
Director shall provide an award payment of $40,000 under this section--
            (1) to an individual who performed qualifying service for a 
        period of greater than or equal to 5 years or to a survivor of 
        such individual; or
            (2) to the survivor of a covered decedent.
    (b) Requirements.--
            (1) In general.--To be eligible for a payment under this 
        subsection, an individual who performed qualifying service or 
        survivor (as the case may be) must demonstrate to the 
        satisfaction of the Director that the individual whose 
        qualifying service upon which the payment is based meets the 
        criteria of paragraph (1) or (2) of subsection (a).
            (2) Reliance on records.--In carrying out this subsection, 
        in addition to any evidence provided by such an individual or 
        survivor, the Director may rely on records possessed by the 
        United States Government.
    (c) Additional Payment.--If an individual, or in the case of a 
survivor, the individual whose qualifying service upon which the 
payment is based, can demonstrate to the Director that the qualifying 
service of the individual exceeded 5 years, the Director shall pay to 
such individual or survivor an additional $8,000 for each full year in 
excess of 5 years (and a proportionate amount for a partial year).
    (d) Survivors.--In the case of an award granted to a survivor under 
this section, the payment shall be made--
            (1) to the surviving widow or widower; or
            (2) if there is no surviving widow or widower, to the 
        surviving dependent or child, in equal shares.

SEC. 5. FUNDING LIMITATION.

    (a) In General.--The total amount of awards granted under this Act 
may not exceed $60,000,000.
    (b) Requests for Additional Funds.--If, at the determination of the 
Director, the amount of funds required to satisfy all valid 
applications for payment under this Act exceeds the limitation set 
forth in subsection (a), the Director shall submit to Congress a 
request for sufficient funds to fulfill all remaining payments.
    (c) Awards to Employees of Intermountain Aviation.--The Director 
may determine, on a case-by-case basis, to award amounts to individuals 
who performed service consistent with the definition of qualifying 
service as employees of Intermountain Aviation.

SEC. 6. TIME LIMITATION.

    (a) In General.--To be eligible for an award payment under this 
Act, a claimant must file a claim for such payment with the Director 
not later than 2 years after the effective date of the regulations 
prescribed by the Director in accordance with section 7.
    (b) Determination.--Not later than 90 days after receiving a claim 
for an award payment under this section, the Director shall determine 
the eligibility of the claimant for payment.
    (c) Payment.--
            (1) In general.--If the Director determines that the 
        claimant is eligible for the award payment, the Director shall 
        pay the award payment not later than 60 days after the date of 
        such determination.
            (2) Lump-sum payment.--The Director shall issue each 
        payment as a one-time lump sum payment contingent upon the 
        timely filing of the claimant under this section.
            (3) Notice and delays.--The Director shall notify the 
        appropriate congressional committees of any delays in making an 
        award payment not later than 30 days after the date such 
        payment is due.

SEC. 7. APPLICATION PROCEDURES.

    (a) In General.--The Director shall prescribe procedures to carry 
out this Act, which shall include processes under which--
            (1) claimants may submit claims for payment under this Act;
            (2) the Director will award the amounts under section 4; 
        and
            (3) claimants can obtain redress and appeal determinations 
        under section 6.
    (b) Other Matters.--Such procedures--
            (1) shall be--
                    (A) prescribed not later than 60 days after the 
                date of the enactment of this Act; and
                    (B) published in the Code of Federal Regulations; 
                and
            (2) shall not be subject to chapter 5 of title 5, United 
        States Code.

SEC. 8. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to--
            (1) entitle any person to Federal benefits, including 
        retirement benefits under chapter 83 or 84 of title 5, United 
        States Code, and disability or death benefits under chapter 81 
        of such title;
            (2) change the legal status of the former Air America 
        corporation or any affiliated company; or
            (3) create any legal rights, benefits, or entitlements 
        beyond the one-time award authorized by this Act.

SEC. 9. ATTORNEYS' AND AGENTS' FEES.

    (a) In General.--It shall be unlawful for more than 25 percent of 
an award paid pursuant to this Act to be paid to, or received by, any 
agent or attorney for any service rendered to a person who receives an 
award under section 4, in connection with the award under this Act.
    (b) Violation.--Any agent or attorney who violates subsection (a) 
shall be fined under title 18, United States Code.

SEC. 10. NO JUDICIAL REVIEW.

    A determination by the Director pursuant to this Act is final and 
conclusive and shall not be subject to judicial review.

SEC. 11. REPORTS TO CONGRESS.

    Until the date that all funds available for awards under this Act 
are expended, the Director shall submit to the appropriate 
congressional committees a semiannual report describing the numbers of 
award payments made and denied during the 180 days preceding the 
submission of the report, including the rationales for any denials, and 
if, at the determination of the Director, the amount of funds provided 
to carry out this Act are insufficient to satisfy any remaining or 
anticipated claims.
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