[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
[Notices]
[Pages 56376-56382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15016]


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GOVERNMENT ACCOUNTABILITY OFFICE


Notice of Estimated Lump Sum Catch-Up Payments to Eligible 1983 
Beirut Barracks Bombing Victims and 1996 Khobar Towers Bombing Victims 
and Planned Methodology; Request for Comment

AGENCY: U.S. Government Accountability Office (GAO).

ACTION: Notice of estimated lump sum catch-up payments and planned 
methodology; request for comment.

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SUMMARY: GAO is now accepting comments on proposed lump sum catch-up 
payments to certain 1983 Beirut barracks bombing victims and certain 
1996 Khobar Towers bombing victims who have submitted eligible 
applications for payment to the United States Victims of State 
Sponsored Terrorism Fund. GAO is publishing this notice pursuant to the 
requirements of the Fairness for 9/11 Families Act. Comments should be 
sent to the email address below.

DATES: Interested persons are invited to submit comments on or before 
August 8, 2024.

ADDRESSES: Submit comments to gao.gov">FundPaymentComments@gao.gov or by U.S. 
mail to Ms. Triana McNeil at 441 G Street NW, Washington, DC 20548.

FOR FURTHER INFORMATION CONTACT: David Lutter, at 202-512-7500 or 
gao.gov">LutterD@gao.gov, if you need additional information. For general 
information, contact GAO's Office of Public Affairs, 202-512-4800.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to section 101 of the Fairness for 9/11 Families Act 
(Fairness Act), GAO is conducting a review and publishing a notice of 
proposed lump sum catch-up payments to certain 1983 Beirut barracks 
bombing victims \1\ and certain 1996 Khobar Towers bombing victims \2\ 
who have submitted eligible applications to the United States Victims 
of State Sponsored Terrorism Fund (Fund), on or after December 29, 
2022, and by June 27, 2023.\3\ On December 28, 2023, GAO published a 
notice (88 FR 89693) of our methodology for estimating certain lump sum 
catch-up payments. In this notice, we are providing a summary of 
comments and our responses to comments on the December notice, our 
revised proposed methodology, and the estimated amount needed to 
provide lump sum catch-up payments to certain 1983 Beirut barracks 
bombing victims and certain 1996 Khobar Towers bombing victims who have 
submitted eligible applications for payment to the Fund, and we are 
accepting comments on updates to our planned methodology.
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    \1\ For the purposes of this analysis and consistent with the 
Fairness Act, ``1983 Beirut barracks bombing victim'' means ``a 
plaintiff, or estate or successor in interest thereof, who has an 
eligible claim [to the Fund] that arises out of the October 23, 
1983, bombing of the United States Marine Corps barracks in Beirut, 
Lebanon; and includes a plaintiff, estate, or successor in interest 
[ ] who is a judgment creditor [in] Peterson v. Islamic Republic of 
Iran [ ] or a Settling Judgment Creditor as identified in the order 
dated May 27, 2014, [in] In Re 650 Fifth Avenue & Related 
Properties.'' 34 U.S.C. 20144(j)(15).
    \2\ The term ``1996 Khobar Towers bombing victim'' means ``a 
plaintiff, or estate or successor in interest thereof, who has an 
eligible claim [to the Fund] that arises out of the June 25, 1996 
bombing of the Khobar Tower housing complex in Saudi Arabia; and 
includes a plaintiff, estate, or successor in interest [ ] who is a 
judgment creditor [in] Peterson v. Islamic Republic of Iran [ ] or a 
Settling Judgment Creditor as identified in the order dated May 27, 
2014, [in] In Re 650 Fifth Avenue & Related Properties.'' 34 U.S.C. 
20144(j)(16).
    \3\ Public Law 117-328, div. MM, sec. 101(b)(3)(B)(iii), 136 
Stat. 4459, 6108-6109 (pertinent portion codified at 34 U.S.C. 
20144(d)(4)(D)). Section 101 directs us to estimate catch-up 
payments for those who submitted eligible applications to the Fund 
between the date of enactment (Dec. 29, 2022), and June 27, 2023, 
which is the date by which claimants must have applied to the Fund 
to be considered for catch-up payments. We refer to this time frame, 
Dec. 29, 2022 through June 27, 2023, as the ``statutory application 
time frame'' throughout the remainder of this notice. In general, 
the deadline for submitting a claim to the Fund is not later than 90 
days after obtaining a final judgment. However, the Fairness Act 
established a new application period for all 1983 Beirut barracks 
bombing victims and 1996 Khobar Towers bombing victims awarded final 
judgments before Dec. 29, 2022, providing that these victims had 180 
days from the date of enactment of the Fairness Act (June 27, 2023) 
to submit an application for payment to the Fund. Public Law 117-
328, 136 Stat. at 6106-6107 (pertinent portion codified at 34 U.S.C. 
20144(c)(3)(A)(ii)).
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    The Fund, which is administered by a Special Master and supported 
by Department of Justice (DOJ) personnel,\4\ was established in 2015 by 
the Justice for United States Victims of State Sponsored Terrorism Act 
(Victims Act).\5\ For purposes of the Fund, the term ``claim'' 
generally refers to a claim based on compensatory damages awarded to a 
United States person in a qualifying final judgment.\6\ These judgments 
are issued by a United States district court under state or federal law 
against a foreign state that was designated as a state sponsor of 
terrorism at the time certain acts of international terrorism occurred 
or was so designated as a result of such acts,

[[Page 56377]]

and arising from acts of international terrorism.\7\ In general, a 
claim is determined eligible for payment from the Fund if the Special 
Master determines that the judgment holder (referred to as a 
``claimant'') is a United States person, that the claim at issue meets 
the definition of claim above, and that the application for payment was 
submitted timely.\8\ As of January 2023, the Fund has allocated to 
eligible claimants approximately $3.4 billion in four payment rounds, 
which were distributed in 2017, 2019, 2020, and 2023. Claimants in 
these four payment rounds included 1983 Beirut barracks bombing victims 
and 1996 Khobar Towers bombing victims.\9\
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    \4\ See 34 U.S.C. 20144(b)(1).
    \5\ Public Law 114-113, div. O, tit. IV, sec. 404, 129 Stat. 
2242, 3007-3017 (codified as amended at 34 U.S.C. 20144).
    \6\ 34 U.S.C. 20144(c)(2).
    \7\ 34 U.S.C. 20144(c)(2).
    \8\ 34 U.S.C. 20144(c)(1). All decisions made by the Special 
Master with regard to compensation from the Fund are final and 
generally not subject to administrative or judicial review. See 34 
U.S.C. 20144(b)(3). A claimant whose claim is denied in whole or in 
part by the Special Master may request a hearing before the Special 
Master not later than 30 days after receipt of a written decision. 
Id. 20144(b)(4)(A). Not later than 90 days after any such hearing, 
the Special Master must issue a final written decision affirming or 
amending the original decision, and that written decision is final 
and nonreviewable. Id. 20144(b)(4)(B).
    \9\ According to Fund data, 12 1983 Beirut barracks bombing 
victims or 1996 Khobar Towers bombing victims were eligible for Fund 
payment for the first time in round 1, 141 in round 2, 423 in round 
3, and 708 in round 4. Claimants continue to receive payment in 
future rounds, so the numbers of claimants receiving payment in 
rounds two, three, and four are cumulative.
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    Additionally, at the time the Fund was established, the law allowed 
plaintiffs in two identified lawsuits, Peterson v. Islamic Republic of 
Iran (Peterson) and In Re 650 Fifth Avenue and Related Properties \10\ 
to elect to participate in the Fund and irrevocably assign all rights, 
title, and interest in the actions for the purposes of participating in 
the Fund.\11\ Plaintiffs in these actions who did not elect to 
participate in the Fund were also permitted to submit an application 
for conditional payment from the Fund in which payment amounts would be 
determined and set aside, pending a final determination in these 
actions.\12\ In the event that a final judgment was entered in favor of 
the plaintiffs in the Peterson action and funds were distributed, the 
payments allocated to claimants who applied for a conditional payment 
were to be considered void, and any funds previously allocated to such 
conditional payments be made available and distributed to all other 
eligible claimants.\13\ A final judgment in favor of plaintiffs in 
Peterson was entered, appealed to the United States Court of Appeals 
for the Second Circuit, and ultimately affirmed by the United States 
Supreme Court on April 20, 2016.\14\ Distributions to the judgment 
creditor plaintiffs in Peterson commenced on October 19, 2016.\15\ 
Accordingly, conditional claimants who were judgment creditors in 
Peterson did not receive award payments from the Fund, and the Fund did 
not include them in award calculations in 2017 for the first round of 
payments or subsequent payment rounds.\16\
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    \10\ Peterson v. Islamic Republic of Iran, No. 10 Civ. 4518 
(S.D.N.Y.) and In Re 650 Fifth Avenue and Related Properties, No. 08 
Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008).
    \11\ Public Law 114-113, 129 Stat. at 3013 (pertinent portion 
codified at 34 U.S.C. 20144(e)(2)(B)(iii)).
    \12\ Public Law 114-113, 129 Stat. at 3013-3014 (pertinent 
portion codified at 34 U.S.C. 20144(e)(2)(B)(iv)).
    \13\ Public Law 114-113, 129 Stat. at 3014 (pertinent portion 
codified at 34 U.S.C. 20144(e)(2)(B)(iv)(II)(bb)).
    \14\ See Bank Markazi aka Central Bank of Iran v. Peterson, 578 
U.S. 212 (2016); U.S. Victims of State Sponsored Terrorism Fund, 
``Supplemental Report from the Special Master,'' at 6 (August 2017).
    \15\ U.S. Victims of State Sponsored Terrorism Fund, 
``Supplemental Report from the Special Master,'' at 6 (August 2017).
    \16\ Id. There were 78 conditional claimants who were Peterson 
judgment creditors. Id.
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    The Victims Act outlines minimum payments requirements in which any 
applicant with an eligible claim who has received, or is entitled or 
scheduled to receive, any payment that is equal to, or in excess of, 30 
percent of the total compensatory damages owed on the applicant's claim 
from any source other than the Fund \17\ shall not receive any payment 
from the Fund until all other eligible applicants generally have 
received from the Fund an amount equal to 30 percent of the 
compensatory damages awarded to those applicants pursuant to their 
final judgments (referred to as the ``30 percent rule'').\18\ The 
Fairness Act amended the Victims Act to provide that the minimum 
payments requirements include the total amount received by applicants 
who are 1983 Beirut barracks bombing victims or 1996 Khobar Towers 
bombing victims as a result of or in connection with Peterson or In Re 
650 Fifth Avenue and Related Properties. It further provides 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 as consistent with minimum payments 
requirements or as part of a lump sum catch-up payment under section 
101 of the Fairness Act.\19\
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    \17\ The statute requires that as part of the procedures to 
apply and establish eligibility for payment, the Special Master must 
require applicants to provide the Special Master with information 
regarding compensation from any source other than this Fund that the 
claimant (or, in the case of a personal representative, the victim's 
beneficiaries) has received or is entitled or scheduled to receive 
as a result of the act of international terrorism that gave rise to 
a claimant's final judgment, including information identifying the 
amount, nature, and source of such compensation. Public Law 114-113, 
129 Stat. at 3008 (pertinent portion codified at 34 U.S.C. 
20144(b)(2)(B)). Those procedures require applicants to provide 
information and documentation regarding the amount, nature, and 
source of any payment they received or are entitled or scheduled to 
receive, and state that applicants must update that information 
throughout the period of the Fund. ``Justice for United States 
Victims of State Sponsored Terrorism Act,'' 81 FR 45535, 45538 (July 
14, 2016).
    \18\ Public Law 114-113, 129 Stat. at 3011 (pertinent portion 
codified at 34 U.S.C. 20144(d)(3)(B)(i)).
    \19\ Public Law 117-328, 136 Stat. at 6107 (pertinent portion 
codified at 34 U.S.C. 20144(d)(3)(B)(iii)).
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    Section 101 of the Fairness Act contains a provision for GAO to 
conduct an audit and publish a notice of proposed lump sum catch-up 
payments for 1983 Beirut barracks bombing victims and 1996 Khobar 
Towers bombing victims who submitted eligible applications to the Fund 
during the statutory application time frame (December 29, 2022, and by 
June 27, 2023).\20\ This section also established a lump sum catch-up 
payment reserve fund within the Fund and appropriated $3 billion to 
this reserve fund.\21\
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    \20\ Public Law 117-328, 136 Stat. at 6108 (pertinent portion 
codified at 34 U.S.C. 20144(d)(4)(D)(i)). As discussed in footnote 
3, section 101 directs us to estimate lump sum catch-up payments for 
those who submitted eligible applications to the Fund between the 
date of enactment (Dec. 29, 2022) and June 27, 2023, which is the 
date the application period closed for catch-up payments. See Public 
Law 117-328, 136 Stat. at 6106-6107 (pertinent portion codified at 
34 U.S.C. 20144(c)(3)(A)(ii)). GAO's methodology for the estimation 
of lump sum catch-up payments is only for the purposes of carrying 
out the provisions directed to the Comptroller General under the 
Fairness Act.
    \21\ Public Law 117-328, 136 Stat. at 6108-6109 (pertinent 
portion codified at 34 U.S.C. 20144(d)(4)(D)(iv)). Additionally, not 
earlier than 90 days and not later than 1 year after submission of 
the report that is to follow this notice, the Special Master is to 
authorize lump sum catch-up payments from the reserve fund in 
amounts equal to those estimated by GAO. 34 U.S.C. 
20144(d)(4)(D)(iv)(II). Not later than 1 year after the Special 
Master disburses all lump sum catch-up payments from the reserve 
fund the reserve fund is to terminate; all amounts remaining in the 
reserve fund in excess of proposed lump sum catch-up payments shall 
be deposited into the Fund. 34 U.S.C. 20144(d)(4)(D)(iv)(IV).
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    We published our initial planned methodology for comment on 
December 28, 2023 (88 FR 89693). We are now publishing for comment our 
updated planned methodology for estimating lump sum catch-up payments 
pursuant to section 101 of the Fairness Act for eligible 1983 Beirut 
barracks bombing victims and 1996 Khobar Towers

[[Page 56378]]

bombing victims 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 December 29, 2022.'' \22\ The language used in section 
101 to describe the percentage resulting from the receipt of lump sum 
catch-up payments for 1983 Beirut barracks bombing victims and 1996 
Khobar Towers bombing victims is equivalent to the language in the 
Sudan Claims Resolution Act, which directed us to estimate lump sum 
catch-up payments to 9/11 victims, spouses, and dependents.\23\ Section 
101 further provides for GAO to conduct this audit in accordance with 
34 U.S.C. 20144(d)(3)(A), which requires that distributions be made 
``on a pro rata basis, based on the amounts outstanding and unpaid on 
eligible claims, until such amounts have been paid in full or the Fund 
is closed.'' \24\ Additionally, 34 U.S.C. 20144(d)(3)(A) places limits 
on the amount of eligible claims (referred to as ``individual and 
family statutory caps'').\25\
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    \22\ 34 U.S.C. 20144(d)(4)(D)(i). The Fairness Act required GAO, 
by Dec. 28, 2023, to conduct an audit and publish a notice in the 
Federal Register. The act further required GAO to provide a 30-day 
period for public comment and to submit a report to congressional 
committees and the Special Master not later than 30 days after the 
expiration of the comment period. Id. 20144(d)(4)(D)(ii)-(iii). We 
acknowledge that we did not meet the date identified in the statute 
for submitting a report to congressional committees and the Special 
Master. We also acknowledge that the Fairness Act does not contain a 
provision for GAO to publish a second Federal Register notice on 
this topic. We believe that we need to issue this notice to ensure 
an accurate and transparent methodology for claimants to receive the 
correct amounts of lump sum catch-up payments. In response to the 
first Federal Register notice, we received numerous comments that 
raised disparate and considered views, and it is critical that we 
fully consider and address them. In addition, this second notice 
considers certain claimant data that were not available in December 
2023 when we issued the first notice to meet the date required by 
the Fairness Act.
    \23\ See Public Law 116-260, div. FF, tit. XVII, sec. 
1705(b)(2), 134 Stat. 1182, 3293-3294 (pertinent portion codified at 
34 U.S.C. 20144(d)(4)(C)(i) (``[T]he 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 9/11 
victims, 9/11 spouses, and 9/11 dependents who have submitted 
applications in accordance with subparagraph (B) in amounts that, 
after receiving the lump sum catch-up payments, would result in the 
percentage of the claims of 9/11 victims, 9/11 spouses, and 9/11 
dependents received from the Fund being equal to the percentage of 
the claims of 9/11 family members received from the Fund, as of 
December 27, 2020.'')).
    \24\ See 34 U.S.C. 20144(d)(3)(A)(i) (requiring the division of 
funds on a pro rata basis, subject to minimum payments provisions in 
34 U.S.C. 20144(d)(3)(B) and limitations in 34 U.S.C. 
20144(d)(3)(A)(ii)).
    \25\ 34 U.S.C. 20144(d)(3)(A)(ii). For example, for individuals, 
the cap is $20,000,000 and for claims of non-9/11 family members 
when aggregated, the cap is $35,000,000.
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Summary of Comments

    GAO received a total of 319 comments by the closing date of January 
29, 2024. GAO received 310 comments from individuals and 9 comments 
from law firms representing victims of state-sponsored terrorism.\26\ 
GAO received 316 comments by email; the remaining 3 comments were 
received in voicemails or letters. In general, comments from 
individuals were from 1983 Beirut barracks bombing victims and 1996 
Khobar Towers bombing victims, 9/11 victims and their family members, 
and Members of Congress; \27\ and comments from law firms were from 
attorneys representing 1983 Beirut barracks bombing victims and 1996 
Khobar Towers bombing victims.
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    \26\ GAO counted comments received multiple times with the same 
content and sender as one comment.
    \27\ We received a comment letter signed by three Members of 
Congress. According to the comment letter, they are members of the 
United States Senate who worked on the Fairness Act and on S. 5156, 
the Fairness for American Victims of State-Sponsored Terrorism Act 
(which later became the catch-up payment provision in the Fairness 
Act). The Members of Congress provided comments stating their views 
that all eligible claimants should be referred to GAO from the 
Special Master, GAO should use the Fund's payment percentage for 
purposes of lump sum catch-up payments, and GAO should exclude 
offsets from claimants' net eligible claims.
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    GAO has carefully considered all comments received. Below is a 
summary of the types of comments GAO received and GAO's responses.\28\
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    \28\ Some comments fell into multiple categories and are 
included in all applicable categories.
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Equity Issues Related to U.S. Victims of State Sponsored Terrorism Fund 
and Lump Sum Catch-Up Payments

    Some comments expressed concern with certain groups of victims 
within the Fund being prioritized and stated that all victims should be 
treated equally and fairly. Some commenters also stated that since 1983 
Beirut barracks bombing victims and 1996 Khobar Towers bombing victims 
were never excluded from the Fund, they should not receive catch-up 
payments.
    GAO Response: Section 101 of the Fairness Act includes a provision 
for GAO to conduct an audit and publish a notice of proposed lump sum 
catch-up payments for 1983 Beirut barracks bombing victims and 1996 
Khobar Towers bombing victims who submitted eligible applications to 
the Fund during the statutory application time frame. As such, GAO is 
carrying out the processes directed by that provision and is not 
otherwise taking a position with respect to who should receive lump sum 
catch-up payments.

Eligibility Criteria for a Lump Sum Catch-Up Payment

    GAO received comments regarding the eligibility criteria for a lump 
sum catch-up payment. Many of the comments on this topic related to the 
timing of applications to the Fund by 1983 Beirut barracks bombing 
victims and 1996 Khobar Towers bombing victims. Specifically, 
commenters raised issues related to prior applicants to the Fund who 
either withdrew their prior applications or were already deemed 
eligible claimants by the Fund, and reapplied within the statutory 
application time frame. One group of commenters stated that applicants 
who withdrew prior applications and subsequently reapplied to the Fund 
within the statutory application time frame should be considered 
ineligible for a lump sum catch-up payment, describing them as ``late 
filers.'' A second group of commenters who submitted a comment letter 
stated that claimants who applied to the Fund previously, as 
conditional claimants or otherwise, and then subsequently applied to 
the Fund within the statutory application time frame should be eligible 
for a lump sum catch-up payment. These commenters stated that section 
101 of the Fairness Act does not prohibit successive applications or 
further define the term ``application'' in a way that would disqualify 
claimants who previously applied to the Fund and then applied 
subsequently within the statutory application time frame. Some 
commenters also raised concerns that the Fund had administratively 
closed claimants' applications, or did not permit claimants to apply 
under the Fund's procedures.\29\
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    \29\ According to Fund officials, the Fund administratively 
closed applications submitted by claimants previously found eligible 
because it cannot and does not accept successive or duplicate 
applications. See ``Justice for United States Victims of State 
Sponsored Terrorism Act,'' 81 FR 45535, 45537 (July 14, 2016) 
(stating that ``[o]nly one application may be submitted for each 
claim''). On Feb. 7, 2023, during the statutory application time 
frame, the Fund updated the frequently asked questions section of 
its website, adding language that 1983 Beirut barracks bombing 
victims and 1996 Khobar Towers bombing victims ``who are not 
eligible for lump sum catch-up payments under the Fairness Act, such 
as USVSST Fund claimants previously found eligible, may still be 
eligible for compensation in the USVSST Fund's other statutory 
distributions.'' U.S. Victims of State Sponsored Terrorism Fund, 
Frequently Asked Questions, https://www.usvsst.com/Home/Faq (last 
accessed June 25, 2024) (Frequently Asked Question (FAQ) 7.3 Which 
1983 Beirut barracks bombing victims and 1996 Khobar Towers bombing 
victims are included in the Fairness Act's lump sum catch-up payment 
provision and how do these victims file a claim with the USVSST 
Fund?). Further, on July 28, 2023, the Fund updated FAQ 7.1 What are 
lump sum catch-up payments? and FAQ 7.3 to add language stating that 
``[e]ach claimant has one claim before the USVSST Fund for all 
compensation, including lump sum catch-up payments. The USVSST Fund 
cannot accept duplicative filings.'' According to Fund officials, 
claimants may have refrained from filing an application after 
contacting the Fund or reviewing the application procedures based on 
the advice received from their counsel or the Fund. For good cause 
shown, the Special Master may grant a claimant a reasonable 
extension of the section 20144(c)(3)(A)(ii)(II) deadline. 34 U.S.C. 
20144(c)(3)(B) (applying to deadlines under (c)(3), as enacted by 
the Victims Act, Public Law 114-113, 129 Stat. at 3010).

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[[Page 56379]]

    GAO Response: GAO's view is that the provision for lump sum catch-
up payments in section 101 of the Fairness Act does not disqualify 
claimants who previously applied to the Fund and then subsequently 
applied within the statutory application time frame.\30\ The 
Comptroller General's mandate to determine amounts of lump sum catch-up 
payments does not state that successive applications cannot be 
submitted for lump sum catch-up payments, and we do not read such a 
prohibition in the related provision regarding the deadline for 
application submission.\31\ Accordingly, we are updating our 
methodology to include all eligible 1983 Beirut barracks bombing 
victims and 1996 Khobar Towers bombing victims who submitted an 
application to the Fund within the statutory application time frame, 
including those who submitted successive applications to the Fund.\32\ 
In accordance with section 101 of the Fairness Act, we will not include 
claimants who did not have a final judgment awarded as of the date of 
enactment of the Fairness Act and will not include claimants who did 
not submit an application to the Fund within the statutory application 
time frame.\33\
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    \30\ GAO's view is for purposes of implementing the Comptroller 
General's responsibilities under 34 U.S.C. 20144(d)(4)(D)(i)-(iii) 
to conduct an audit and calculate amounts for the Special Master to 
allocate lump sum catch-up payments.
    \31\ See 34 U.S.C. 20144(c)(3)(A)(ii)(II); 34 U.S.C. 
20144(d)(4)(D)(i) (conditioning eligibility for lump sum catch-up 
payments on those individuals filing applications for payment 
between Dec. 29, 2022, and June 27, 2023). Interpreting the statute 
in this way also aligns with another provision of the Fairness Act, 
related to litigation involving certain 1983 Beirut barracks bombing 
victims and 1996 Khobar Towers victims. See Public Law 117-328, 136 
Stat. at 6109 (pertinent portion codified at 34 U.S.C. 
20144(e)(2)(B)(v) (providing that statutory provisions regarding 
elections by plaintiffs in Peterson v. Islamic Republic of Iran and 
In Re 650 Fifth Avenue and Related Properties shall not apply with 
respect to 1983 Beirut barracks bombing victims and 1996 Khobar 
Towers victims who submit an application during the statutory 
application time frame)).
    \32\ This includes claimants who, within the statutory 
application time frame, submitted applications to the Fund, 
including those who submitted a letter to the Fund expressing the 
claimants' intent to apply for lump sum catch-up payments, 
regardless of a previous determination of eligibility by the Fund or 
administrative closure of their applications. As discussed in 
further detail below, this comprises 512 claimants (which includes 
78 conditional claimants who were Peterson judgment creditors).
    \33\ Section 101 of the Fairness Act requires that applications 
be submitted on or after Dec. 29, 2022, and by June 27, 2023. In 
contrast, the Sudan Claims Resolution Act provided 9/11 victims, 
spouses, and dependents 90 days from the date of enactment to submit 
an application for a payment. Public Law 116-260, 134 Stat. at 3293-
3294 (pertinent portion codified at 34 U.S.C. 20144(d)(4)(C)(i)). 
Therefore, GAO could calculate lump sum catch-up payments for 9/11 
victims, spouses, and dependents who submitted applications to the 
Fund prior to the date of enactment of the Sudan Claims Resolution 
Act, while GAO cannot calculate lump sum catch-up payments to 1983 
Beirut barracks bombing victims and 1996 Khobar Towers bombing 
victims unless they have submitted an application during the 180-day 
period from the date of enactment of the Fairness Act.
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Support for GAO's Percentage Calculation Methodology

    Comments received expressed support for GAO's percentage 
calculation methodology as described in our December 28, 2023, notice 
(88 FR 89693). These commenters noted that the methodology we outlined 
was the same formula used to calculate the 9/11 lump sum catch-up 
payments, and also noted that since the relevant statutory language for 
that calculation and this calculation are identical, they find this 
approach appropriate. These commenters also generally stated that 
employing a different formula or methodology would potentially give 
prioritization or preferential treatment to one group of victims over 
another.
    GAO's Response: We agree that the language used in section 101 of 
the Fairness Act to describe the percentage that we are to calculate to 
estimate lump sum catch-up payments for 1983 Beirut barracks bombing 
victims and 1996 Khobar Towers bombing victims is equivalent to the 
language in the Sudan Claims Resolution Act, which directed us to 
estimate lump sum catch-up payments to 9/11 victims, spouses, and 
dependents.\34\ Thus, we plan to use the same methodology that we used 
to calculate ``GAO's percentage calculation'' for the 9/11 lump sum 
catch-up payments for this population.
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    \34\ Compare 34 U.S.C. 20144(d)(4)(D)(i) (``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 December 29, 
2022''), with 34 U.S.C. 20144(d)(4)(C)(i) (``in amounts that, after 
receiving the lump sum catch-up payments, would result in the 
percentage of the claims of 9/11 victims, 9/11 spouses, and 9/11 
dependents received from the Fund being equal to the percentage of 
the claims of 9/11 family members received from the Fund, as of 
December 27, 2020.''). The Fairness Act directed the Special Master 
to authorize lump sum catch-up payments to 9/11 victims, spouses, 
and dependents in amounts equal to those previously estimated by GAO 
and appropriated funds for that purpose. Public Law 117-328, 136 
Stat. at 6107; GAO, U.S. Victims of State Sponsored Terrorism Fund: 
Estimated Lump Sum Catch-Up Payments, GAO-21-105306 (Aug. 11, 2021).
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Request To Use the Fund's Payment Percentage

    GAO received comments about the use of the Fund's payment 
percentage for our estimation of lump sum catch-up payments. For 
example, commenters suggested that GAO add the payment percentages 
calculated by the Fund in the first through fourth rounds to determine 
the percentage needed for catch-up payments.\35\
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    \35\ The Fund's ``payment percentage'' is the amount of funds 
available to pay all eligible claimants in a given round divided by 
compensatory damages after accounting for the individual and family 
statutory caps, compensation from other sources, and prior payments 
from the Fund. The payment percentage for the initial round of 
payments was 13.6561 percent (generally rounded to 13.66 percent in 
USVSST Fund communications). The payment percentage for the second 
round of payments was 4.1955 percent (rounded to 4.2 percent in 
USVSST Fund communications). The payment percentage for non-9/11-
related claimants in the third round of payments was 5.8385 percent 
(rounded to 5.84 percent in USVSST Fund communications). The non-9/
11-related payment percentage for the fourth round was 0.4047 
percent (rounded to 0.4 percent in USVSST Fund communications). The 
payment percentage total for all four rounds is 24.0948 percent, 
rounded here to 24 percent. See U.S. Victims of State Sponsored 
Terrorism Fund, ``Payment Calculation Explanation for Non-9/11-
Related Claims,'' at 5 (December 2022).
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    GAO's Response: Section 101 of the Fairness Act calls for GAO to 
estimate lump sum catch-up payments ``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 December 29, 2022.'' \36\ 
Consistent with our approach pursuant to equivalent language in the 
Sudan Claims Resolution Act and outlined in a prior notice (86 FR 
31312, June 11, 2021) and report,\37\ GAO estimated the amount needed 
to provide lump sum catch-up payments to 1983 Beirut barracks bombing 
victims and 1996 Khobar Towers bombing victims who submitted

[[Page 56380]]

potentially eligible applications within the statutory application time 
frame in an equal percentage to that of the payments that have been 
made to non-9/11 claimants in the Fund's first three payment 
rounds.\38\
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    \36\ 34 U.S.C. 20144(d)(4)(D)(i).
    \37\ GAO, U.S. Victims of State Sponsored Terrorism Fund: 
Estimated Lump Sum Catch-Up Payments, GAO-21-105306 (Aug. 11, 2021) 
(see Enclosure II for further discussion of the Fund's payment 
percentage and GAO's percentage calculation).
    \38\ We did not include the Fund's fourth payment round because, 
according to the Fund, it did not begin issuing fourth-round 
payments until Jan. 4, 2023, after the Fairness Act was enacted.
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    We note that there are key differences in how the Fund calculated 
its payment percentage and how GAO calculated the percentage of lump 
sum catch-up payments for 1983 Beirut barracks bombing victims and 1996 
Khobar Towers bombing victims. In particular, the Fund and GAO 
calculated percentages in different ways to fulfill distinct purposes. 
The Fund's mission in each payment round is to distribute the available 
money in the Fund--a known amount--among Fund claimants. Section 101 of 
the Fairness Act, however, directs GAO to estimate the amount of money 
that is needed to catch up eligible 1983 Beirut barracks bombing 
victims and 1996 Khobar Towers bombing victims in an equal percentage 
to that of the payments that have been made to non-9/11 claimants in 
the Fund's first three payment rounds.\39\
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    \39\ See our methodology section below for more details of the 
calculation of the GAO percentage.
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Offsetting Eligible Claims With Compensation From Other Sources for 
Lump Sum Catch-Up Payments

    GAO received comments regarding our planned approach of estimating 
two amounts in this notice: (1) the total amount needed to provide lump 
sum catch-up payments to potentially eligible 1983 Beirut barracks 
bombing victims and 1996 Khobar Towers bombing victims based on these 
victims' net eligible claims; and (2) the total amount needed to 
provide lump sum catch-up payments to potentially eligible 1983 Beirut 
barracks bombing victims and 1996 Khobar Towers bombing victims based 
on these victims' net eligible claims offset by compensation from other 
sources. Some commenters advocated for the final lump sum catch-up 
payment estimates provided by GAO to be offset by compensation from 
other sources for this population. These commenters stated that the 
statute governing the Fund and section 101 of the Fairness Act support 
an approach that is based on an individual's unpaid compensatory 
damages claim, which is an applicant's claim value after moneys 
received from sources other than the Fund are deducted. These 
commenters also noted that certain 1983 Beirut barracks bombing victims 
and 1996 Khobar Towers bombing victims have received compensation from 
other sources that are to be offset by the Fund pursuant to the statute 
governing the Fund.\40\
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    \40\ See 34 U.S.C. 20144(d)(3)(A)(i). These commenters stated 
that while the Fairness Act explicitly exempts 1983 Beirut barracks 
bombing victims and 1996 Khobar Towers bombing victims from the 30 
percent rule for the purposes of receiving a lump sum catch-up 
payment, the statute governing the Fund still requires that their 
total compensatory damages be offset of the moneys they have already 
received or are scheduled to receive.
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    In contrast, other commenters advocated for the final lump sum 
catch-up payment estimates provided by GAO to not be offset by 
compensation from other sources for this population. These commenters 
stated that section 101 of the Fairness Act's use of the phrase 
``received from the Fund'' should be read to modify the employment of 
34 U.S.C. 20144(d)(3)(A) such that claims should not be offset other 
than from amounts received from the Fund. These commenters acknowledged 
34 U.S.C. 20144(d)(3)(A)(i) provides that payments should be ``based on 
the amounts outstanding and unpaid on eligible claims,'' but stated 
that this language does not apply to catch-up payments because the 
focus of the directive to GAO is on amounts received from the Fund. 
They further stated that the exemption for eligible 1983 Beirut 
barracks bombing victims and 1996 Khobar Towers bombing victims from 
the 30 percent rule for the purposes of receiving a lump sum catch-up 
payment indicates congressional intent that, for the purposes of these 
catch-up payments, the normal Fund rules offsetting payments should not 
apply.
    Some commenters also raised concerns about GAO's planned approach 
of estimating two amounts and that GAO should provide only one 
estimated amount.
    GAO's Response: Section 101 of the Fairness Act requires GAO to 
conduct this audit ``in accordance with clauses (i) and (ii) of [34 
U.S.C. 20144(d)(3)(A)].'' Consistent with our prior lump sum catch-up 
payment calculation for 9/11 victims, spouses, and dependents, and in 
accordance with clause (ii) of 34 U.S.C. 20144(d)(3)(A), we plan to 
estimate lump sum catch-up payments for this population using their 
``net eligible claims,'' \41\ that is, the amount of their claims after 
the application of individual and family statutory caps.\42\
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    \41\ For the purposes of our analysis, ``net eligible claims'' 
refers to the monetary amount of all eligible claims after the 
application of individual and family statutory caps. 34 U.S.C. 
20144(d)(3)(A)(ii).
    \42\ 34 U.S.C. 20144(d)(3)(A)(ii). For example, for individuals, 
the cap is $20,000,000 and for claims of non-9/11 family members 
when aggregated, the cap is $35,000,000.
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    Section 101 also requires us to conduct our work in accordance with 
clause (i) of 34 U.S.C. 20144(d)(3)(A), which requires that payments be 
made ``based on the amounts outstanding and unpaid on eligible 
claims.'' In order to give effect to this provision, compensatory 
damages from other sources received by the claimant under their final 
judgment must be subtracted to produce the amount ``outstanding and 
unpaid'' on their claims. In our prior work, we did not offset eligible 
9/11 victims, spouses, and dependents' net eligible claims with 
compensation from other sources because that population did not have 
qualifying compensation from other sources.\43\ Since certain 1983 
Beirut barracks bombing victims and 1996 Khobar Towers bombing victims 
do have qualifying compensation from other sources, our reading of 
section 101's directive for us to conduct our work in accordance with 
clause (i) of 34 U.S.C. 20144(d)(3)(A) requires us to offset their net 
eligible claims by the amounts paid on eligible claims in the final 
lump sum catch-up payment estimates provided in our report.\44\
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    \43\ See 34 U.S.C. 20144(d)(3)(A)(i)(III), (d)(3)(B).
    \44\ This provision is different than the minimum payments 
provisions in 34 U.S.C. 20144(d)(3)(B), under which any applicant 
with an eligible claim who has received, or is entitled or scheduled 
to receive, any payment that is equal to, or in excess of, 30 
percent of the total compensatory damages owed to such applicant on 
the applicant's claim from any source other than the Fund shall not 
receive any payment from the Fund until such time as all other 
eligible applicants have received from the Fund an amount equal to 
30 percent of the covered compensatory damages awarded to those 
applicants. See 34 U.S.C. 20144(d)(3)(A)(i) (``Except as provided in 
subparagraph (B) [minimum payments provisions] and subject to the 
limitations described in clause (ii) [individual and family 
statutory caps], the Special Master shall carry out paragraph (1), 
by . . . further dividing the funds allocated to non-9/11 related 
victims of state sponsored terrorism on a pro rata basis, based on 
the amounts outstanding and unpaid on eligible claims, until such 
amounts have been paid in full or the Fund is closed.''). The 
Fairness Act added a new provision, codified at 34 U.S.C. 
20144(d)(3)(B)(iii), stating that 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 as a result of or in connection with Peterson or In Re 650 
Fifth Avenue and Related Properties are excepted for purposes of 
lump sum catch-up payments. In using the term ``offsets,'' we refer 
to compensation from sources other than the Fund for the purposes of 
applying clause (i) of 34 U.S.C. 20144(d)(3)(A) and the minimum 
payments provisions. GAO's view is for purposes of implementing the 
Comptroller General's responsibilities under 34 U.S.C. 
20144(d)(4)(D)(i)-(iii) to conduct an audit and calculate amounts 
for the Special Master to allocate lump sum catch-up payments.
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    In light of the language of clause (i) of 34 U.S.C. 20144(d)(3)(A), 
the comments

[[Page 56381]]

we received on this issue, and concerns by some commenters about our 
approach of providing two amounts, we will provide in this notice one 
estimate: the total amount needed to provide lump sum catch-up payments 
to potentially eligible 1983 Beirut barracks bombing victims and 1996 
Khobar Towers bombing victims based on these victims' net eligible 
claims offset by compensation from other sources.

Methodology To Produce Estimates for Lump Sum Catch-Up Payments

    To estimate the amount(s) called for in section 101, GAO used the 
following data from the Fund: (1) payments from the Fund received by 
non-9/11 claimants in the first through third payment rounds; \45\ (2) 
net eligible claims \46\ of these non-9/11 claimants; (3) compensation 
from other sources received by these non-9/11 claimants; \47\ (4) net 
eligible claims \48\ of the 1983 Beirut barracks bombing victims and 
1996 Khobar Towers bombing victims who submitted eligible applications 
to the Fund within the statutory application time frame (between 
December 29, 2022, and June 27, 2023); \49\ and (5) compensation from 
other sources received by the 1983 Beirut barracks bombing victims and 
1996 Khobar Towers bombing victims who submitted eligible applications 
to the Fund within the statutory application time frame.\50\
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    \45\ As discussed in footnote 9, this includes some 1983 Beirut 
barracks bombing victims and 1996 Khobar Towers bombing victims who 
were eligible for payment from the Fund in prior rounds. We did not 
include in this group 1983 Beirut barracks bombing victims and 1996 
Khobar Towers bombing victims who did not receive any payment in the 
first through third payment rounds. We used this information to help 
us identify the percentage of claims of non-9/11 victims of state 
sponsored terrorism received from the Fund, as of the Fairness Act's 
enactment date (Dec. 29, 2022). See 34 U.S.C. 20144(d)(4)(D)(i). 
Given this reference to the act's enactment date, we omitted fourth-
round payments from the calculation of the payment percentage 
because non-9/11 victims of state sponsored terrorism received them 
after that date. The Fund notified eligible claimants of their 
fourth-round payment amounts on Dec. 30, 2022, and began issuing the 
fourth-round payments on a rolling basis on Jan. 4, 2023, after the 
Fairness Act was enacted. U.S. Victims of State Sponsored Terrorism 
Fund, ``Special Master's Report Regarding the Fourth Distribution,'' 
at 3 (January 2023).
    \46\ For the purposes of our analysis, ``net eligible claims'' 
refers to the monetary amount of all eligible claims after the 
application of individual and family statutory caps by the Fund, if 
applicable. 34 U.S.C. 20144(d)(3)(A)(ii).
    \47\ Not all compensation from other sources is necessarily 
offset against claimants' net eligible claims. When referring to 
``compensation from other sources'' for purposes of our methodology 
and estimates, we are referring to compensation from other sources 
that the Fund would offset from its awards under its calculation 
methodology, which the Fund provided to GAO.
    \48\ As of March 2024, data from the Fund on the claim amounts 
after the application of individual and family statutory caps (``net 
eligible claims'') for 1983 Beirut barracks bombing victims and 1996 
Khobar Towers bombing victims who are potentially eligible for lump 
sum catch-up payments were not available for new applicants to the 
Fund. This is because these new claimants have not been included in 
a payment distribution that would require the application of 
individual and family statutory caps by the Fund. GAO used Fund 
methodology to apply the individual and family statutory caps to 
these claims. See U.S. Victims of State Sponsored Terrorism Fund, 
Payment Calculation Explanation for Non-9/11-Related Claims at 2-3 
(December 2022). Before applying the $35 million family statutory 
cap, we first treated any individual claim that exceeded the $20 
million individual statutory cap as $20 million. For purposes of the 
$35 million family statutory cap, GAO summed individual claims for 
those claims that indicated a family relationship in the data by a 
family identification number. Once summed, if claims within a family 
identification number exceeded the $35 million family statutory cap, 
we then allocated the $35 million family statutory cap among the 
family members in proportion to their individual claims. We provided 
our analysis to the Fund for review and they confirmed that based on 
their review our approach appeared consistent with their 
methodology. While this analysis enabled us to determine the ``net 
eligible claims'' for the purposes of estimating lump sum catch-up 
payments for our population, we recognize that the Fund may receive 
additional information or data in the future that might impact these 
amounts if these claimants are included in a future payment 
distribution.
    \49\ We received data from the Fund as of May 2024 for 1,778 
claimants for the 1983 Beirut barracks bombing and 308 claimants for 
the 1996 Khobar Towers bombing who submitted eligible applications 
to the Fund and applied in the statutory application time frame. Of 
those, 512 had received a prior eligibility determination from the 
Fund and 1,559 were new applicants. We also received data on 14 
victims of these attacks who submitted applications during the 
statutory application time frame whose eligibility is still being 
determined by the Fund as of June 2024. Because eligibility for some 
of these victims is still being determined, we refer to the group as 
a whole as ``potentially eligible'' for catch-up payments. These 
applications are pending because the Fund is awaiting additional 
documentation from these individuals that is needed to determine 
their claims' eligibility. We encourage applicants with pending 
applications to provide requested documentation to the Fund that is 
needed to determine their claims' eligibility. For purposes of 
estimating lump sum catch-up payments in this notice, we are 
including all of the potentially eligible claims. However, in our 
final report, to be issued no later than 30 days following the close 
of the comment period, we will only include the total amount needed 
to provide lump sum catch-up payments to 1983 Beirut barracks 
bombing victims and 1986 Khobar Towers bombing victims who submitted 
claims that the Fund has deemed eligible.
    \50\ We obtained from the Fund information on compensation from 
other sources as of March 2024 for claimants who have eligibility 
for regular distributions from the Fund. Fund officials confirmed 
that, based on information included in these applications, all 
applicants who reported compensation from other sources are Peterson 
judgment creditors whose offsets are the amounts recovered in 
Peterson. After GAO informed the Fund that it would include 
claimants who previously had eligibility determinations made by the 
Fund in its estimated lump sum catch-up payment calculations, on May 
31, 2024, the Fund provided the remaining offset information that 
the 78 conditional claimants who were Peterson judgment creditors 
included in their applications for lump sum catch-up payments, for 
purposes of our audit and calculations. In order to apply the 
minimum payments provisions in 34 U.S.C. 20144(d)(3)(B), before 
issuing our final report, we will need to confirm the source of the 
offsets for these 78 conditional claimants. The Fund does not use 
information contained in duplicate applications administratively 
closed by the Fund for Fund purposes, according to the Fund 
officials.
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    To carry out our mandate under section 101 of the Fairness Act, 
using data from the Fund described above, we estimated the amount of 
payments that non-9/11 claimants received in the first three rounds of 
Fund payments, as a percentage of their net eligible claims offset by 
compensation from other sources.\51\ We first determined the payment 
amounts received by non-9/11 claimants from the Fund in the first 
through third payment rounds.\52\ We then summed the payments for the 
three payment rounds across all non-9/11 claimants. Next, we determined 
the net eligible claims of the non-9/11 claimants as of the third round 
that they received a payment, offset by compensation from other 
sources, and summed across all claimants. We divided the amount of 
payments by the net eligible claims offset by compensation from other 
sources to determine the percentage called for in our mandate of 
16.0353 percent (GAO's percentage calculation).\53\
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    \51\ In accordance with GAO standards, we will assess the 
reliability and completeness of the data from the Fund to ensure 
that it is appropriate for these purposes.
    \52\ The non-9/11 claimants included 1983 Beirut barracks 
bombing victims and 1996 Khobar Towers bombing victims who received 
payments from the Fund. See 34 U.S.C. 20144(j)(9). In applying this 
standard, we excluded three types of claims: (1) those where the 
victim received no payments because they were conditional claimants; 
(2) those where the victim never received payment in any of the 
first through third rounds of distribution because compensation from 
other sources (offsets) exceeded 30 percent of the compensatory 
damages (before applying the individual and family statutory caps); 
and (3) those where the offsets exceeded the percentage of 
compensatory damages awarded to other eligible applicants in each of 
the first through third rounds of distribution for which these 
claims were eligible. See id. 20144(d)(4)(D)(i).
    \53\ We reported 4.6122 percent in the first notice. The 
percentage changed due to a data programming error that occurred in 
our initial estimate and has now been corrected. Specifically, the 
net eligible claims were inadvertently included in the initial round 
that the payment was received as well as in the subsequent rounds, 
resulting in a larger summed net eligible claims and a lower 
calculated percentage. Furthermore, the calculation included the 
fourth payment round which, as indicated in footnote 35, had a very 
low payment percentage among the four rounds.
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Estimates for Lump Sum Catch-Up Payments

    Using GAO's percentage calculation, we estimated the total amount 
needed to provide lump sum catch-up payments to the 2,086 potentially 
eligible 1983

[[Page 56382]]

Beirut barracks bombing victims and 1996 Khobar Towers bombing victims 
based on these victims' net eligible claims offset by compensation from 
other sources.\54\ In the data provided, 1,495 of the potentially 
eligible 1983 Beirut barracks bombing victims and 1996 Khobar Towers 
bombing victims reported compensation from other sources of some non-
zero amount, such as court-awarded compensation.\55\ To identify a 
claimant's lump sum catch-up payment, the calculated GAO percentage 
will be applied to the claimant's net eligible claims offset by 
compensation from other sources. Then, to identify a net lump sum 
catch-up payment, we will subtract any amount of money a claimant had 
previously received from the Fund.\56\ Our calculation produced 
$614,988,012.55, the total amount needed to provide lump sum catch-up 
payments for Beirut barracks and Khobar Towers bombing victims who 
submitted eligible applications to the Fund within the statutory 
application time frame.\57\
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    \54\ In our prior work, we did not offset eligible 9/11 victims, 
spouses, and dependents' net eligible claims with compensation from 
other sources because this population did not have qualifying 
compensation from other sources. Although some 9/11 claimants may 
have received awards from the September 11th Victim Compensation 
Fund (VCF), money received from the VCF is not considered an offset 
for the Fund's award calculations. See U.S. Victims of State 
Sponsored Terrorism Fund, Frequently Asked Questions, https://www.usvsst.com/Home/Faq (last accessed June 18, 2024) (see 4.8 What 
is a source of compensation other than the USVSST Fund?).
    \55\ The Fund provided information about compensation from other 
sources for all potentially eligible 1983 Beirut barracks bombing 
victims and 1996 Khobar Towers bombing victims. According to Fund 
data, the reported compensation from other sources for some of these 
potentially eligible claimants was $0. For potentially eligible 
claimants who received compensation from other sources of some non-
zero amount, that compensation ranged from approximately $65,000 to 
approximately $5 million.
    \56\ The payments previously received from the Fund will include 
all the payment rounds--first through fourth rounds--as applicable.
    \57\ The net lump sum catch-up payment is the difference between 
the calculated lump sum catch-up and the compensation already 
received from the Fund (it would be zero if the compensation already 
received from the Fund is equal to or exceeds the calculated lump 
sum catch-up).
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    After consideration of the comments from this notice, we will issue 
a report using data from the Fund to report estimated lump sum catch-up 
payments based on this methodology with any changes we determine 
appropriate. We invite comments on all aspects of the planned 
methodology and lump sum catch-up payments proposed in this notice. Our 
final report will be available on gao.gov.
    Authority: Pub. L. 117-328, div. MM, sec. 101(b)(3)(B)(iii), 136 
Stat. 4459, 6108-6109 (pertinent portion codified at 34 U.S.C. 
20144(d)(4)(D)).

Triana McNeil,
Director, Homeland Security and Justice, U.S. Government Accountability 
Office.
[FR Doc. 2024-15016 Filed 7-8-24; 8:45 am]
BILLING CODE 1610-02-P