118 S3047 IS: Air America Act of 2023
U.S. Senate
2023-10-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II
118th CONGRESS
1st Session
S. 3047
IN THE SENATE OF THE UNITED STATES
October 17, 2023
Mr. Rubio (for himself, Mr. Warner, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Select Committee on Intelligence
A BILL
To award payments to employees of Air America who provided support to the United States from 1950 to 1976, and for other purposes.
1.

Short title
This Act may be cited as the “Air America Act of 2023”.
2.

Findings
Congress finds the following:
(1)
Air America and its affiliated companies, in coordination with the Central Intelligence Agency, provided direct and indirect support to the United States Government from 1950 to 1976.
(2)
The service and sacrifice of employees of Air America included—
(A)
suffering a high rate of casualties in the course of service;
(B)
saving thousands of lives in search and rescue missions for downed United States airmen and allied refugee evacuations; and
(C)
serving lengthy periods under challenging circumstances abroad.
3.

Definitions
In this Act:
(1)

Affiliated company
The term affiliated company, with respect to Air America, includes Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport.
(2)

Air America
The term Air America means Air America, Incorporated.
(3)

Appropriate congressional committees
The term appropriate congressional committees means—
(A)
the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and
(B)
the Committee on Oversight and Accountability, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.
(4)

Child; dependent; widow; widower
The terms child, dependent, widow, and widower have the meanings given those terms in section 8341(a) of title 5, United States Code, except that section shall be applied by substituting “individual who performed qualifying service” for “employee or Member”.
(5)

Covered decedent
The term covered decedent means an individual who was killed in Southeast Asia while supporting operations of the Central Intelligence Agency during the period beginning on January 1, 1950, and ending on December 31, 1976, as a United States citizen employee of Air America or an affiliated company.
(6)

Director
The term Director means the Director of the Central Intelligence Agency.
(7)

Qualifying service
The term qualifying service means service that—
(A)
was performed by a United States citizen as an employee of Air America or an affiliated company during the period beginning on January 1, 1950, and ending on December 31, 1976; and
(B)
is documented in—
(i)
the corporate records of Air America or an affiliated company;
(ii)
records possessed by the United States Government; or
(iii)
the personal records of a former employee of Air America or an affiliated company that are verified by the United States Government.
(8)

Survivor
The term survivormeans—
(A)
the widow or widower of—
(i)
an individual who performed qualifying service; or
(ii)
a covered decedent; or
(B)
an individual who, at any time during or since the period of qualifying service, or on the date of death of a covered decedent, was a dependent or child of—
(i)
the individual who performed such qualifying service; or
(ii)
the covered decedent.
4.

Award authorized to eligible persons
(a)

In general
Subject to the limitation in subsection (d), the Director shall provide an award payment of $40,000 under this section—
(1)
to an individual who performed qualifying service for a period of greater than or equal to 5 years or to a survivor of such individual; or
(2)
to the survivor of a covered decedent.
(b)

Requirements
(1)

In general
To be eligible for a payment under this subsection, an individual who performed qualifying service or survivor (as the case may be) must demonstrate to the satisfaction of the Director that the individual whose qualifying service upon which the payment is based meets the criteria of paragraph (1) or (2) of subsection (a).
(2)

Reliance on records
In carrying out this subsection, in addition to any evidence provided by such an individual or survivor, the Director may rely on records possessed by the United States Government.
(c)

Additional payment
If an individual, or in the case of a survivor, the individual whose qualifying service upon which the payment is based, can demonstrate to the Director that the qualifying service of the individual exceeded 5 years, the Director shall pay to such individual or survivor an additional $8,000 for each full year in excess of 5 years (and a proportionate amount for a partial year).
(d)

Survivors
In the case of an award granted to a survivor under this section, the payment shall be made—
(1)
to the surviving widow or widower; or
(2)
if there is no surviving widow or widower, to the surviving dependent or child, in equal shares.
5.

Funding limitation
(a)

In general
The total amount of awards granted under this Act may not exceed $60,000,000.
(b)

Requests for additional funds
If, at the determination of the Director, the amount of funds required to satisfy all valid applications for payment under this Act exceeds the limitation set forth in subsection (a), the Director shall submit to Congress a request for sufficient funds to fulfill all remaining payments.
(c)

Awards to employees of Intermountain Aviation
The Director may determine, on a case-by-case basis, to award amounts to individuals who performed service consistent with the definition of qualifying service as employees of Intermountain Aviation.
6.

Time limitation
(a)

In general
To be eligible for an award payment under this Act, a claimant must file a claim for such payment with the Director not later than 2 years after the effective date of the regulations prescribed by the Director in accordance with section 7.
(b)

Determination
Not later than 90 days after receiving a claim for an award payment under this section, the Director shall determine the eligibility of the claimant for payment.
(c)

Payment
(1)

In general
If the Director determines that the claimant is eligible for the award payment, the Director shall pay the award payment not later than 60 days after the date of such determination.
(2)

Lump-sum payment
The Director shall issue each payment as a one-time lump sum payment contingent upon the timely filing of the claimant under this section.
(3)

Notice and delays
The Director shall notify the appropriate congressional committees of any delays in making an award payment not later than 30 days after the date such payment is due.
7.

Application procedures
(a)

In general
The Director shall prescribe procedures to carry out this Act, which shall include processes under which—
(1)
claimants may submit claims for payment under this Act;
(2)
the Director will award the amounts under section 4; and
(3)
claimants can obtain redress and appeal determinations under section 6.
(b)

Other matters
Such procedures—
(1)
shall be—
(A)
prescribed not later than 60 days after the date of the enactment of this Act; and
(B)
published in the Code of Federal Regulations; and
(2)
shall not be subject to chapter 5 of title 5, United States Code.
8.

Rule of construction
Nothing in this Act shall be construed to—
(1)
entitle any person to Federal benefits, including retirement benefits under chapter 83 or 84 of title 5, United States Code, and disability or death benefits under chapter 81 of such title;
(2)
change the legal status of the former Air America corporation or any affiliated company; or
(3)
create any legal rights, benefits, or entitlements beyond the one-time award authorized by this Act.
9.

Attorneys’ and agents’ fees
(a)

In general
It shall be unlawful for more than 25 percent of an award paid pursuant to this Act to be paid to, or received by, any agent or attorney for any service rendered to a person who receives an award under section 4, in connection with the award under this Act.
(b)

Violation
Any agent or attorney who violates subsection (a) shall be fined under title 18, United States Code.
10.

No judicial review
A determination by the Director pursuant to this Act is final and conclusive and shall not be subject to judicial review.
11.

Reports to Congress
Until the date that all funds available for awards under this Act are expended, the Director shall submit to the appropriate congressional committees a semiannual report describing the numbers of award payments made and denied during the 180 days preceding the submission of the report, including the rationales for any denials, and if, at the determination of the Director, the amount of funds provided to carry out this Act are insufficient to satisfy any remaining or anticipated claims.