[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10023-S10024]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6617. Mr. MENENDEZ (for himself, Mr. Cotton, Mr. Sullivan, Mr.
Grassley, Mr. Blumenthal, Mr. Whitehouse, Mr. Kaine, Mrs. Gillibrand,
Mr. Booker, Mr. Cornyn, Mrs. Capito, Mr. Scott of Florida, and Mr.
Warnock) 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
``(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)(2)(B), by adding at the end the
following:
``(v) Exception for 1983 beirut barracks bombing victims
and 1996 khobar towers bombing victims.--Nothing in this
subparagraph shall apply with respect to--
``(I) a 1983 Beirut barracks bombing victim or a 1996
Khobar Towers bombing victim who submits an application under
subsection (c)(3)(A)(ii)(II) on or after the date of
enactment of the Fairness for 9/11 Families Act; or
``(II) the assets, or the net proceeds of the sale of
properties or related assets, attributable to a person
described in subclause (I).''; and
[[Page S10024]]
(5) 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)(i) of such 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)(A)(ii) of such 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.
(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 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.
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