[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9632-S9634]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6560. Mr. COTTON submitted an amendment intended to be proposed to 
amendment SA 6552 proposed by Mr. Leahy to the bill H.R. 2617, to amend 
section 1115 of title 31, United States Code, to amend the description 
of how performance goals are achieved, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. IMPROVEMENTS TO THE JUSTICE FOR UNITED STATES 
                   VICTIMS OF STATE SPONSORED TERRORISM ACT.

       (a) Short Title.--This section may be cited as the 
     ``Fairness for 9/11 Families Act''.
       (b) 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 9/11 Families 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 9/11 
     Families 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

[[Page S9633]]

       ``(II) the final judgment was awarded to a 1983 Beirut 
     barracks bombing victim or a 1996 Khobar Towers bombing 
     victim before the date of enactment of the Fairness for
     9/11 Families 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)--
       (A) in paragraph (3)(B), by adding at the end the 
     following:
       ``(iii) For the purposes of clause (i), the calculation of 
     the total compensatory damages received or entitled or 
     scheduled to be received by an applicant who is a 1983 Beirut 
     barracks bombing victim or a 1996 Khobar Towers bombing 
     victim from any source other than the Fund shall include the 
     total amount received by the applicant as a result of or in 
     connection with the proceedings captioned Peterson v. Islamic 
     Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or the 
     proceedings captioned In Re 650 Fifth Avenue & Related 
     Properties, No. 08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), 
     such that any such applicant who has received or is entitled 
     or scheduled to receive 30 percent or more of such 
     applicant's compensatory damages judgment as a result of or 
     in connection with such proceedings shall not receive any 
     payment from the Fund, except in accordance with the 
     requirements of clause (i), or as part of a lump-sum catch-up 
     payment in accordance with paragraph (4)(D).''; and
       (B) in paragraph (4)--
       (i) in subparagraph (A), by striking ``(B) and (C)'' and 
     inserting ``(B), (C), and (D)'';
       (ii) 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
       (iii) by adding at the end the following:
       ``(D) Lump sum catch-up payments for 1983 beirut barracks 
     bombing victims and 1996 khobar towers bombing victims.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Fairness for 9/11 Families Act, and in 
     accordance with clauses (i) and (ii) of paragraph (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 and the 1996 Khobar Towers bombing 
     victims who have submitted applications in accordance with 
     subsection (c)(3)(A)(ii)(II) on or after such date of 
     enactment, 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 of non-9/11 victims of state 
     sponsored terrorism received from the Fund, as of such date 
     of enactment.
       ``(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--

       ``(I) the amount of the proposed lump sum catch-up payment 
     for each 1983 Beirut barracks bombing victim;
       ``(II) the amount of the proposed lump sum catch-up payment 
     for each 1996 Khobar Towers bombing victim; and
       ``(III) amount of lump sum catch-up payments described in 
     subclauses (I) and (II).

       ``(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 subclauses 
     (I) and (II) of 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 subclause (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 subclauses (I) and (II) of 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 barracks bombing victim.--The term `1983 
     Beirut barracks bombing victim'--
       ``(A) 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; and
       ``(B) includes a plaintiff, estate, or successor in 
     interest described in subparagraph (A) who is a judgment 
     creditor in the proceedings captioned Peterson v. Islamic 
     Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling 
     Judgment Creditor as identified in the order dated May 27, 
     2014, in the proceedings captioned In Re 650 Fifth Avenue & 
     Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17, 
     2008).
       ``(16) 1996 khobar towers bombing victim.--The term `1996 
     Khobar Towers bombing victim'--
       ``(A) means a plaintiff, or estate or successor in interest 
     thereof, who has an eligible claim under subsection (c) that 
     arises out of the June 25, 1996 bombing of the Khobar Tower 
     housing complex in Saudi Arabia; and
       ``(B) includes a plaintiff, estate, or successor in 
     interest described in subparagraph (A) who is a judgment 
     creditor in the proceedings captioned Peterson v. Islamic 
     Republic of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or a Settling 
     Judgment Creditor as identified in the order dated May 27, 
     2014, in the proceedings captioned In Re 650 Fifth Avenue & 
     Related Properties, No. 08 Vic.10934 (S.D.N.Y. filed Dec. 17, 
     2008).''.
       (c) GAO Report on Funding for the United States Victims of 
     State Sponsored Terrorism Fund.--Not later than 180 days 
     after the date of enactment of this Act, the Comptroller 
     General of the United States shall submit to Congress a 
     report evaluating ways to increase deposits into the United 
     States Victims of State Sponsored Terrorism Fund established 
     under paragraph (1) of section 404(e) of the Justice for 
     United States Victims of State Sponsored Terrorism Act (34 
     U.S.C. 20144(e)) (in this subsection referred to as the 
     ``Fund''), including assessing the advisability and effect 
     of--
       (1) expanding the scope of the criminal offenses for which 
     funds, and the net proceeds from the sale of property, 
     forfeited or paid to the United States are deposited in the 
     Fund under paragraph (2)(A) of such section, as amended by 
     this section;
       (2) expanding the scope of the civil penalties or fines for 
     which funds, and the net proceeds from the sale of property, 
     forfeited or paid to the United States are deposited in the 
     Fund under paragraph (2)(B) of such section, as amended by 
     this section, to include civil penalties or fines imposed, 
     including as part of a settlement agreement, on an entity for 
     providing material support to an organization designated as a 
     foreign terrorist organization under section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189); and
       (3) increasing to 100 percent the percentage of funds, and 
     the net proceeds from the sale of property, forfeited or paid 
     to the United States as a civil penalty or fine that are 
     deposited in the Fund under paragraph (2)(A)(ii) of such 
     section, as amended by this section.
       (d) 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

[[Page S9634]]

     paragraphs (36) and (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), $4,954,772,000 are hereby 
     rescinded.
       (2) Shuttered venue operators grant.--Of the unobligated 
     balances of amounts made available under the heading ``Small 
     Business Administration--Shuttered Venue Operators'', for 
     carrying out section 324 of division N of the Consolidated 
     Appropriations Act, 2021 (15 U.S.C. 9009a), $459,000,000 are 
     hereby rescinded.
       (3) Aviation manufacturing payroll support program.--Of the 
     unobligated balances of amounts made available under section 
     7202 of the American Rescue Plan Act of 2021 (15 U.S.C. 
     9132), $568,228,000 are hereby rescinded.
                                 ______