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Code · U.S. Code · Title 28 - JUDICIARY AND JUDICIAL PROCEDURE · CHAPTER 97— JURISDICTIONAL IMMUNITIES OF FOREIGN STATES · § 1707

§ 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED STATES CITIZENS AND FOREIGN NATIONALS.

852 words·~4 min read·/usc/title-28/section-1707

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Compensation.— In general .— There is authorized to be appropriated $150,000,000 for payment of compensation, notwithstanding any other provision of law, to any individual who— has been awarded a judgment in any of the cases set forth in section
(c)of the Annex to the claims agreement; and is— a United States employee or contractor injured in connection with the bombings of the United States embassies located in Nairobi, Kenya, and Dar es Salaam, Tanzania, who became a United States citizen after August 7, 1998 , and before the date of the enactment of this Act [ Dec. 27, 2020 ]; a family member— of a United States employee or contractor injured in connection with the bombings of the United States embassies located in Nairobi, Kenya, and Dar es Salaam, Tanzania; and who is a United States citizen as of the date of the enactment of this Act; or a family member— of a foreign national United States employee or contractor killed during those bombings; and who is a United States citizen as of the date of the enactment of this Act. Payments .— With the requirement of achieving parity in compensation between individuals who became United States citizens after August 7, 1998 , and individuals who were United States citizens on or before August 7, 1998 , payment of compensation under paragraph
(1)to— an individual described in paragraph (1)(B)(i) shall be based on the same standards used to determine the compensation for an employee or contractor injured in connection with the bombings described in that paragraph who was a United States citizen on or before August 7, 1998 ; an individual described in paragraph (1)(B)(ii) shall be on an equal basis to compensation provided to a family member of an individual described in subparagraph (A); and an individual described in paragraph (1)(B)(iii) shall be on an equal, or, where applicable, a pro rata basis to compensation provided to a family member of a United States employee or contractor who was a United States citizen killed during such bombings. Distribution and Requirements.— Distribution .— The Secretary shall distribute payments from funds made available to carry out subsection (a)(1) to individuals described in that subsection. Authorization letter .— Not later than December 31, 2021 , the Secretary shall send a letter to each individual who will receive payment under paragraph
(1)informing the individual of the amount of compensation the individual will receive pending the execution of any writings under paragraph (3), and the standards used to determine compensation under subsection (a)(2), taking into account the individual’s final judgment amount. Requirement before distribution .— Before making a payment to an individual under paragraph (1), and after the delivery of the authorization letter under paragraph (2), the Secretary shall require the individual to execute a writing that includes a waiver and release of all the individual’s rights to assert claims for compensatory or other relief in any form or to enforce any judgment against Sudan in connection with, and any claims against the United States related to, any claim, suit, or action specified in Article II of the claims agreement. Foreign Nationals .— Notwithstanding any other provision of law or the claims agreement— individuals described in subsection (a)(1) are not eligible to receive any compensation as provided by Sudan pursuant to Article III of the claims agreement; and the funds provided by Sudan for distribution of compensation to such individuals pursuant to the Annex of the claims agreement shall be redistributed— among all other individuals eligible for compensation under section
(c)of the Annex to the claims agreement consistent with the principles set out in that Annex; or if Sudan and the foreign nationals eligible for compensation reach a private settlement, then pursuant to the terms of that settlement. Department of State Reporting Requirements.— Initial report .— Not later than 90 days after the date of the enactment of this Act [ Dec. 27, 2020 ], the Secretary shall submit to the appropriate congressional committees a report that includes a detailed description of the plan of the Department of State for the distribution of payments to each category of individual described in subsection (a)(1), including how the Department is arriving at compensation levels for each individual and the amount of compensation each such individual will receive from funds made available to carry out that subsection. Updated report .— Not later than December 31, 2021 , the Secretary shall submit to the appropriate congressional committees a report describing— whether the distribution plan described in paragraph
(1)was carried out; and whether compensation levels were provided as described in the report required by paragraph (1). Comptroller General Report .— Not later than December 31, 2022 , the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the implementation of this section by the Department of State, including whether— all distributions were made in accordance with the requirements of subsections (a), (b), and (c); and all individuals described in subsection (a)(1) received compensation from amounts made available to carry out that subsection in the manner described in subsection (a)(2).
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