Sec. 1701. UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND CLARIFICATION ACT
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## SEC. 1701 UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND CLARIFICATION ACT **[**[34 U.S.C. 10101 note](/us/usc/t34/s10101)**]** ###
(a)Short Title This section may be cited as the “United States Victims of State Sponsored Terrorism Fund Clarification Act”. ###
(b)Technical Corrections to the USVSST Fund ####
(1)In general The Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended— #####
(A)in subsection (b)— ######
(i)in paragraph (1)(B), by striking “section.” and inserting “section, except that, during the 1-year period beginning on the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel.”; and ######
(ii)in paragraph (2)(A), by striking “Such notice is” and inserting the following: “Not later than 30 days after the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification 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. Such notice and any updates to that notice or other guidance are”; #####
(B)in subsection (c)— ######
(i)in paragraph (2)(B), by striking “January 20, 1981” and all that follows through “Columbia” and inserting “January 20, 1981”; and ######
(ii)in paragraph (3)(A)— ######
(I)in clause (i)(II), by striking the period at the end and inserting the following: “, except that any United States person with an eligible claim described in paragraph (2)(B) who did not have an eligible claim before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act shall have 90 days from the date of enactment of such Act to submit an application for payment.”; and ######
(II)in clause (ii), by striking the period at the end and inserting the following: “, unless 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.”; #####
(C)in subsection (d)— ######
(i)in paragraph (3)(A), by striking clauses
(i)and
(ii)and inserting the following: > > ###### “(i) Pro rata basis > > Except as provided in subparagraph
(B)and subject to the limitations described in clause (ii), the Special Master shall carry out paragraph (1), by— > > > ###### “(I) > > dividing all available funds in half and allocating 50 percent of the available funds to non-9/11 related victims of state sponsored terrorism and the remaining 50 percent of the available funds to 9/11 related victims of state sponsored terrorism; > > > ###### “(II) > > 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; and > > > ###### “(III) > > further dividing the funds allocated to 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. > > > ###### “(ii) Limitations > > The limitations described in this clause are as follows: > > > ###### “(I) > > In the event that a United States person has an eligible claim that exceeds $20,000,000, the Special Master shall treat that claim as if it were for $20,000,000 for purposes of this section. > > > ###### “(II) > > In the event that a non-9/11 related victim of state sponsored terrorism and the immediate family members of such person have claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000. > > > ###### “(III) > > In the event that a 9/11 victim, 9/11 spouse, or 9/11 dependent and the immediate family members of such person (who are also 9/11 victims, 9/11 spouses, or 9/11 dependents) have claims that if aggregated would exceed $35,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $35,000,000. > > > ###### “(IV) > > In the event that a 9/11 family member and the family members of such person (who are also 9/11 family members) have claims that if aggregated would exceed $20,000,000, the Special Master shall, for purposes of this section, reduce such claims on a pro rata basis such that in the aggregate such claims do not exceed $20,000,000.” > ; and ######
(ii)in paragraph (4)— ######
(I)by striking “ On ” and inserting the following: > > ##### “(A) In general > > Except as provided in subparagraph (B), on” > ; and ######
(II)by adding at the end the following: > > ##### “(B) Third round payments > > The Special Master shall authorize third-round payments to satisfy eligible claims under this section not earlier than 90 days, and not later than 180 days, after the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act. The Special Master shall accept applications from eligible applicants (consistent with the deadlines for application submission prescribed in subsection (c)(3)) until the date that is 90 days after the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act.” > ; #####
(D)in subsection (e)— ######
(i)in paragraph (2)(A)(ii)— ######
(I)by striking “One-half” and inserting “Seventy-five percent”; and ######
(II)by striking “one-half” and inserting “seventy-five percent”; and ######
(ii)in paragraph (6), by striking “2026” each place the term appears and inserting “2030”; #####
(E)in subsection (f)(1)— ######
(i)by inserting “representing a non-9/11 related victim of state sponsored terrorism” after “No attorney”; and ######
(ii)by adding at the end the following: “After the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, no attorney representing a 9/11 related victim of state sponsored terrorism shall charge, receive, or collect, and the Special Master shall not approve, any payment of fees and costs that in the aggregate exceeds 15 percent of any payment made under this section after the date of enactment of such Act.”; and #####
(F)in subsection (j)— ######
(i)in paragraph (6), by striking “(including payments from the September 11th Victim Compensation Fund (49 U.S.C. 40101 note))”; and ######
(ii)by adding at the end the following: > > #### “(9) Non-9/11 related victim of state sponsored terrorism > > The term ‘non-9/11 victim of state sponsored terrorism’ means a United States person who has an eligible claim under subsection
(c)that is unrelated to the acts of international terrorism carried out on September 11, 2001. > > > #### “(10) 9/11 related victim of state sponsored terrorism > > The term ‘9/11 related victim of state sponsored terrorism’ means a 9/11 victim, 9/11 spouse, 9/11 dependent, or 9/11 family member. > > > #### “(11) 9/11 dependent > > The term ‘9/11 dependent’ means a United States person who has an eligible claim under subsection
(c)who at the time of a 9/11 victim’s death was— > > > ##### “(A) > > a dependent, as defined in section 104.3 of title 28, Code of Federal Regulations, or any successor thereto, of the 9/11 victim; or > > > ##### “(B) > > the child of the 9/11 victim who has not, before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act, received payment from the Fund. > > > #### “(12) 9/11 family member > > The term ‘9/11 family member’ means the immediate family member of an individual described in section 405(c) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) who is not a 9/11 dependent or a 9/11 spouse. > > > #### “(13) 9/11 spouse > > The term ‘9/11 spouse’ means a United States person who has an eligible claim under subsection
(c)who is a spouse, as defined in section 104.3 of title 28, Code of Federal Regulations, or any successor thereto, of an individual described in section 405(c) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note). > > > #### “(14) 9/11 victim > > The term ‘9/11 victim’ means a United States person who has an eligible claim under subsection
(c)who is an individual described in section 405(c)(2) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note).” > . ###
(c)Rule of Construction **[**[34 U.S.C. 20144 note](/us/usc/t34/s20144)**]** A determination by the Special Master before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act that an award or award determination under section 405 of the Air Transportation Safety and Stabilization Act (49 U.S.C. 40101 note) was controlling for purposes of the Fund (pursuant to subsection (d)(3)(A)(ii)(III) of the Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144(d)(3)(A)(ii)(III)), as such section was in effect on the day before the date of enactment of this Act) shall not prejudice a claim of a 9/11 victim, 9/11 spouse, or 9/11 dependent. ###
(d)Applicability **[**[34 U.S.C. 20144 note](/us/usc/t34/s20144)**]** This section and the amendments made by this section shall take effect on the date of enactment of this Act.
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Sec. 1701
UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM FUND CLARIFICATION ACT
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