[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.
                                      ______