[Congressional Record Volume 168, Number 200 (Thursday, December 22, 2022)]
[Senate]
[Page S10099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            JUSTICE FOR THE LIVING VICTIMS OF LOCKERBIE ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 5357, which is at the 
desk.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 5357) to provide compensation for United States 
     victims of Libyan state-sponsored terrorism, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
a third time and passed and the motion to reconsider be considered made 
and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 5357) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 5357

       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 ``Justice for the Living 
     Victims of Lockerbie Act''.

     SEC. 2. DEFINED TERM.

       In this Act, the term ``compensable living victim of Libyan 
     state-sponsored terrorism'' means an individual who--
       (1) is a United States person;
       (2) was 45 years of age or older on December 3, 1991;
       (3) was employed by Pan American World Airways, Inc., on 
     December 3, 1991;
       (4) was a named claimant in Abbott et al. v. Socialist 
     People's Libyan Arab Jamahiriya (case number 1:94-cv-02444-
     SS) in the United States District Court for the District of 
     Columbia; and
       (5) was alive on August 14, 2008.

     SEC. 3. LIVING VICTIMS OF LOCKERBIE CLAIMS TRUST FUND.

       (a) Establishment.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of the Treasury 
     shall establish, in the Treasury of the United States, a 
     trust fund, to be known as the ``Living Victims of Lockerbie 
     Claims Trust Fund'' (in this section referred to as the 
     ``Fund'') for the payment of claims submitted by compensable 
     living victims of Libyan state-sponsored terrorism under 
     section 4.
       (b) Authorization of Appropriations.--Once the Fund is 
     established pursuant to subsection (a), there shall be 
     appropriated to the Fund, out of any money in the Treasury of 
     the United States not otherwise appropriated, $20,000,000 for 
     fiscal year 2023, which shall be made available to provide 
     compensation to compensable living victims of Libyan state-
     sponsored terrorism.

     SEC. 4. COMPENSATION FOR LIVING VICTIMS OF LIBYAN STATE-
                   SPONSORED TERRORISM.

       (a) Certification by the Foreign Claims Settlement 
     Commission.--The Foreign Claims Settlement Commission shall--
       (1) not later than 30 days after the date of the enactment 
     of this Act, publish in the Federal Register a notice of a 
     process for filing claims on behalf of compensable living 
     victims of Libyan state-sponsored terrorism, which shall 
     include a deadline for the filing of claims of not later than 
     the date that is 60 days after the date of publication of the 
     notice;
       (2) not later than 60 days after the end of the period for 
     filing claims described in paragraph (1)--
       (A) determine if each individual who submitted a claim 
     under that paragraph is a compensable living victim of Libyan 
     state-sponsored terrorism; and
       (B) approve the claim of each individual the Commission 
     determines under subparagraph (A) to be a compensable living 
     victim of Libyan state-sponsored terrorism; and
       (3) upon approving a claim under paragraph (2)(B), certify 
     approval of the claim to the Secretary of the Treasury for 
     purposes of authorization of payment under subsection (b).
       (b) Payments Authorized.--Upon receiving a certification 
     from the Foreign Claims Settlement Commission under 
     subsection (a)(3), the Secretary of the Treasury shall make 
     payments from the Fund to compensable living victims of 
     Libyan state-sponsored terrorism in accordance with 
     subsection (c).
       (c) Compensation.--
       (1) In general.--Upon a certification by the Foreign Claims 
     Settlement Commission under subsection (a)(3) of the claim of 
     a compensable living victim of Libyan state-sponsored 
     terrorism, the claimant (or, in the case of a deceased 
     claimant, the personal representative of the claimant's 
     estate) shall be entitled to an award in an amount equal to--
       (A) $20,000,000, divided by
       (B) the total number of claims certified under subsection 
     (a)(3).
       (2) Representative.--If a putative claimant that otherwise 
     qualifies for compensation under this section is deceased, a 
     personal representative may bring a claim on behalf of the 
     estate of the claimant.

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