34 USC 20144 - Justice for United States victims of state sponsored terrorism

1 See References in Text note below.

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.

2 So in original. Probably should be “Civ.”

4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated

Editorial Notes

References in Text

The United States Victims of State Sponsored Terrorism Fund Clarification Act, referred to in subsec. (span)(2)(A), is Puspan. L. 116–69, div. B, title VII, § 1701, Nov. 21, 2019, 133 Stat. 1140, which amended this section and enacted notes under this section and section 10101 of this title. The date of enactment of the Act is Nov. 21, 2019.

The Fairness for 9/11 Families Act, referred to in subsec. (span)(2)(A), is Puspan. L. 117–328, div. MM, § 101, Dec. 29, 2022, 136 Stat. 6106, which amended this section and enacted a note under section 10101 of this title. The date of enactment of the Act is Dec. 29, 2022.

Section 1605(a)(7) of title 28 (as such section was in effect on January 27, 2008), referred to in subsecs. (c)(2)(A)(ii) and (j)(8), refers to subsec. (a)(7) of section 1605 of title 28 as it existed prior to being struck out by Puspan. L. 110–181, § 1083(span)(1)(A). See 2008 Amendment note under that section.

The International Emergency Economic Powers Act, referred to in subsec. (e)(2)(A), is title II of Puspan. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables.

The Trading with the Enemy Act, referred to in subsec. (e)(2)(A), is act Oct. 6, 1917, ch. 106, 40 Stat. 411, which was classified generally to sections 1 to 6, 7 to 39, and 41 to 44 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as chapter 53 (§ 4301 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

Section 4605(j) of title 50, referred to in subsec. (j)(7), was repealed by Puspan. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Provisions similar to those in former section 4605(j) of title 50 can be found in section 4813(c) of title 50, as enacted by Puspan. L. 115–232.

Section 405 of the Air Transportation Safety and System Stabilization Act, referred to in subsec. (j)(12) to (14), is section 405 of Puspan. L. 107–42, which is set out in a note under section 40101 of Title 49, Transportation.

Codification

Section was formerly classified to section 10609 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Section 101(span) of div. MM of 117–328, which directed amendment of section 404 of the Justice for United States Victims of State Sponsored Terrorism Act, was executed to this section, which comprises the entire Act, to reflect the probable intent of Congress.

Amendments

2022—Subsec. (span)(1)(B). Puspan. L. 117–328, § 101(span)(1)(A), inserted “and during the 1-year period beginning on December 29, 2022, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel” before period at end of first sentence. See Codification note above.

Subsec. (span)(2)(A). Puspan. L. 117–328, § 101(span)(1)(B), inserted “Not later than 30 days after the date of enactment of the Fairness for 9/11 Families 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 “guidance previously issued by the Special Master.” See Codification note above.

Subsec. (c)(3)(A)(ii). Puspan. L. 117–328, § 101(span)(2), added cl. (ii) and struck out former cl. (ii) which read as follows: “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 the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before November 21, 2019, in which case such United States person shall have 90 days from November 21, 2019, to submit an application for payment.” See Codification note above.

Subsec. (d)(3)(B)(iii). Puspan. L. 117–328, § 101(span)(3)(A), added cl. (iii). See Codification note above.

Subsec. (d)(4)(A). Puspan. L. 117–328, § 101(span)(3)(B)(i), substituted “subparagraphs (B), (C), and (D)” for “subparagraphs (B) and (C)”. See Codification note above.

Subsec. (d)(4)(C)(iv). Puspan. L. 117–328, § 101(span)(3)(B)(ii), added cl. (iv). See Codification note above.

Subsec. (d)(4)(D). Puspan. L. 117–328, § 101(span)(3)(B)(iii), added subpar. (D). See Codification note above.

Subsec. (e)(2)(B)(v). Puspan. L. 117–328, § 101(span)(4), added cl. (v). See Codification note above.

Subsec. (j)(15), (16). Puspan. L. 117–328, § 101(span)(5), added pars. (15) and (16). See Codification note above.

2020—Subsec. (c)(2)(A)(i). Puspan. L. 116–260, § 1705(a)(1), substituted “foreign state that was designated as a state sponsor of terrorism at the time the acts described in clause (ii) occurred or was so designated as a result of such acts” for “state sponsor of terrorism”.

Subsec. (d)(4)(A). Puspan. L. 116–260, § 1705(span)(1), substituted “subparagraphs (B) and (C)” for “subparagraph (B)”.

Subsec. (d)(4)(C). Puspan. L. 116–260, § 1705(span)(2), added subpar. (C).

Subsec. (e)(6). Puspan. L. 116–260, § 1705(a)(2), substituted “January 2, 2039” for “January 2, 2030” in two places.

Subsec. (j)(6). Puspan. L. 116–260, § 1705(a)(3), inserted “, except that the term does not include payments received in connection with an international claims agreement to which the United States is a state party or any other settlement of terrorism-related claims against Sudan” after “final judgment”.

2019—Subsec. (span)(1)(B). Puspan. L. 116–69, § 1701(span)(1)(A)(i), substituted “section, except that, during the 1-year period beginning on November 21, 2019, the Special Master may utilize an additional 5 full-time equivalent Department of Justice personnel.” for “section.”

Subsec. (span)(2)(A). Puspan. L. 116–69, § 1701(span)(1)(A)(ii), substituted “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” for “Such notice is”.

Subsec. (c)(2)(B). Puspan. L. 116–69, § 1701(span)(1)(B)(i), substituted “January 20, 1981” for “January 20, 1981, if such person is identified as a member of the proposed class in case number 1:00-CV-03110 (EGS) of the United States District Court for the District of Columbia”.

Subsec. (c)(3)(A)(i)(II). Puspan. L. 116–69, § 1701(span)(1)(B)(ii)(I), substituted for period at end “, except that any United States person with an eligible claim described in paragraph (2)(B) who did not have an eligible claim before November 21, 2019, shall have 90 days from November 21, 2019, to submit an application for payment.”

Subsec. (c)(3)(A)(ii). Puspan. L. 116–69, § 1701(span)(1)(B)(ii)(II), substituted for period at end “, unless the final judgment was awarded to a 9/11 victim, 9/11 spouse, or 9/11 dependent before November 21, 2019, in which case such United States person shall have 90 days from November 21, 2019, to submit an application for payment.”

Subsec. (d)(3)(A). Puspan. L. 116–69, § 1701(span)(1)(C)(i), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:

“(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 dividing all available funds on a pro rata basis, based on the amounts outstanding and unpaid on eligible claims, until all such amounts have been paid in full.

“(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 United States person 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 United States person, or the immediate family member of such person, has an eligible claim under this section and has received an award or an award determination under section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note), the amount of compensation to which such person, or the immediate family member of such person, was determined to be entitled under section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) shall be considered controlling for the purposes of this section, notwithstanding any compensatory damages amounts such person, or immediate family member of such person, is deemed eligible for or entitled to pursuant to a final judgment described in subsection (c)(2)(A).”

Subsec. (d)(4). Puspan. L. 116–69, § 1701(span)(1)(C)(ii), designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), on” for “On”, and added subpar. (B).

Subsec. (e)(2)(A)(ii). Puspan. L. 116–69, § 1701(span)(1)(D)(i), substituted “Seventy-five percent” for “One-half” and “seventy-five percent” for “one-half”.

Subsec. (e)(6). Puspan. L. 116–69, § 1701(span)(1)(D)(ii), substituted “2030” for “2026” in subpars. (A) and (B).

Subsec. (f)(1). Puspan. L. 116–69, § 1701(span)(1)(E), inserted “representing a non-9/11 related victim of state sponsored terrorism” after “No attorney” and “After November 21, 2019, 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 November 21, 2019.” after “section.”

Subsec. (j)(6). Puspan. L. 116–69, § 1701(span)(1)(F)(i), struck out “(including payments from the September 11th Victim Compensation Fund (49 U.S.C. 40101 note))” after “local governments”.

Subsec. (j)(9) to (14). Puspan. L. 116–69, § 1701(span)(1)(F)(ii), added pars. (9) to (14).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–69, div. B, title VII, § 1701(d), Nov. 21, 2019, 133 Stat. 1143, provided that:

“This section [amending this section and enacting provisions set out as a note below] and the amendments made by this section shall take effect on the date of enactment of this Act [Nov. 21, 2019].”

Construction of 2019 Amendment

Puspan. L. 116–69, div. B, title VII, § 1701(c), Nov. 21, 2019, 133 Stat. 1143, provided that:

“A determination by the Special Master before the date of enactment of the United States Victims of State Sponsored Terrorism Fund Clarification Act [Nov. 21, 2019] that an award or award determination under section 405 of the Air Transportation Safety and Stabilization Act [Puspan. L. 107–42] (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 [Nov. 21, 2019]) shall not prejudice a claim of a 9/11 victim, 9/11 spouse, or 9/11 dependent.”