[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5156 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5156
To amend the Justice for United States Victims of State Sponsored
Terrorism Act to authorize appropriations for catch-up payments from
the United States Victims of State Sponsored Terrorism Fund, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30 (legislative day, November 29), 2022
Mr. Cotton (for himself and Mr. Sullivan) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To amend the Justice for United States Victims of State Sponsored
Terrorism Act to authorize appropriations for catch-up payments from
the United States Victims of State Sponsored Terrorism Fund, and for
other purposes.
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 ``Fairness for American Victims of
State-Sponsored Terrorism Act''.
SEC. 2. JUSTICE FOR UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM
ACT.
(a) 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 American
Victims of State-Sponsored Terrorism 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 American Victims of State-Sponsored
Terrorism 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 before the date of
enactment of the Fairness for American
Victims of State-Sponsored Terrorism
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)(4)--
(A) in subparagraph (A), by striking ``(B) and
(C)'' and inserting ``(B), (C), and (D)'';
(B) 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
(C) by adding at the end the following:
``(D) Lump sum catch-up payments for beirut
barracks bombing victims, spouses, and dependents.--
``(i) In general.--Not later than 1 year
after the enactment of the Fairness for
American Victims of State-Sponsored Terrorism
Act, and in accordance with clauses (i) and
(ii) of subsection (d)(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 who
have submitted applications in accordance with
subsection (c)(3)(A)(ii)(II) 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 non-9/11 victim
of state sponsored terrorism received from the
Fund, as of the date of enactment of this
subparagraph.
``(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
the amount of the proposed lump sum catch-up
payment for each Beirut barracks bombing victim
and the total amount of such proposed lump sum
catch-up payments.
``(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 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 sublcause (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 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 bombing victim.--The term `1983 Beirut
bombing victim' 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.''.
(b) 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)),
$2,982,000,000 are hereby rescinded.
(2) Emergency rental assistance.--Of the unobligated
balances of amounts made available under section 3201(a) of the
American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat.
54), $3,000,000,000 are hereby rescinded.
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