Congressional Record — Senate, December 21, 2022, Page S10023
Summary
Pages S10023 and S10024 of the Congressional Record, Senate, dated December 21, 2022, print the end of a Smithsonian museum sites division and then amendments submitted to amendment SA 6552 and to a bill. SA 6617, submitted by Mr. Menendez with other Senators, adds the Fairness for 9/11 Families Act, which provides for lump sum catch-up payments and appropriates $3,000,000,000 to a reserve fund within the Fund, and it rescinds $4,954,772,000, $459,000,000 and $568,228,000 from listed accounts. SA 6618, submitted by Mr. Carper, strikes section 403 in title IV of division O. SA 6619, proposed by Ms. Baldwin (for Mr. Hickenlooper), carries the short title ORBITS Act of 2022.
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“Congressional Record — Senate, December 21, 2022, Page S10023.”
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December 21, 2022 CONGRESSIONAL RECORD — SENATE S10023
DIVISION KK—SMITHSONIAN MUSEUM ment of the Fairness for 9/11 Families Act, submitted applications in accordance with
SITES the Special Master shall update, as necessary subsection (c)(3)(A)(ii)(II) on or after such
SEC. 101. SMITHSONIAN MUSEUM SITES. as a result of the enactment of such Act, date of enactment, in amounts that, after re-
(a) COMMEMORATIVE WORKS ACT.—Notwith- such procedures and other guidance pre- ceiving the lump sum catch-up payments,
standing any other provision of law or regu- viously issued by the Special Master.’’ after would result in the percentage of the claims
lation (including section 8908(c) of title 40, the period at the end of the second sentence; of such victims received from the Fund being
United States Code, and division T of the (2) in subsection (c)(3)(A), by striking equal to the percentage of the claims of non-
Consolidated Appropriations Act, 2021 (Pub- clause (ii) and inserting the following: 9/11 victims of state sponsored terrorism re-
lic law 116-260)) the Smithsonian American ‘‘(ii) Not later than 90 days after the date ceived from the Fund, as of such date of en-
Women’s History Museum and the National of obtaining a final judgment, with regard to actment.
Museum of the American Latino may be lo- a final judgment obtained on or after the ‘‘(ii) PUBLIC COMMENT.—The Comptroller
cated within the Reserve (as defined in sec- date of that publication, unless— General shall provide an opportunity for
tion 8902(a) of title 40, United States Code). ‘‘(I) the final judgment was awarded to a 9/ public comment for a 30-day period begin-
(b) WRITTEN NOTIFICATION OF TRANSFER.— 11 victim, 9/11 spouse, or 9/11 dependent be- ning on the date on which the notice is pub-
(1) NOTIFICATION TO FEDERAL AGENCY OR EN- fore the date of enactment of the United lished under clause (i).
TITY .—The Board of Regents shall not des- States Victims of State Sponsored Terrorism ‘‘(iii) REPORT.—Not later than 30 days after
ignate a site for the Smithsonian American Fund Clarification Act, in which case such the expiration of the comment period in
Women’s History Museum and the National United States person shall have 90 days from clause (ii), the Comptroller General of the
Museum of the American Latino that is the date of enactment of such Act to submit United States shall submit to the Committee
under the administrative jurisdiction of an- an application for payment; or on the Judiciary and the Committee on Ap-
other Federal agency or entity without first ‘‘(II) the final judgment was awarded to a propriations of the Senate, the Committee
notifying the head of the Federal agency or 1983 Beirut barracks bombing victim or a on the Judiciary and the Committee on Ap-
entity. 1996 Khobar Towers bombing victim before propriations of the House of Representatives,
(2) NOTIFICATION TO CONGRESS.—Once noti- the date of enactment of the Fairness for 9/ and the Special Master a report that in-
fied under paragraph (1), the head of the Fed- 11 Families Act, in which case such United cludes the determination of the Comptroller
eral agency or entity shall promptly submit States person shall have 180 days from the General on—
written notification to the Chair and rank- date of enactment of such Act to submit an ‘‘(I) the amount of the proposed lump sum
ing minority members of the Committee on application for payment.’’; catch-up payment for each 1983 Beirut bar-
Rules and Administration, the Committee on (3) in subsection (d)— racks bombing victim;
Appropriations, and the Committee on En- (A) in paragraph (3)(B), by adding at the ‘‘(II) the amount of the proposed lump sum
ergy and Natural Resources of the Senate, end the following: catch-up payment for each 1996 Khobar Tow-
and the Committee on House Administra- ‘‘(iii) For the purposes of clause (i), the cal- ers bombing victim; and
tion, the Committee on Natural Resources, culation of the total compensatory damages ‘‘(III) amount of lump sum catch-up pay-
the Committee on Transportation and Infra- received or entitled or scheduled to be re- ments described in subclauses (I) and (II).
structure, and the Committee on Appropria- ceived by an applicant who is a 1983 Beirut ‘‘(iv) LUMP SUM CATCH-UP PAYMENT RESERVE
barracks bombing victim or a 1996 Khobar FUND.—
tions of the House of Representatives, stat-
ing that the Federal agency or entity was Towers bombing victim from any source ‘‘(I) IN GENERAL.—There is established
notified by the Board of Regents that a site other than the Fund shall include the total within the Fund a lump sum catch-up pay-
amount received by the applicant as a result ment reserve fund, to remain in reserve ex-
under its jurisdiction was designated and
of or in connection with the proceedings cap- cept in accordance with this subsection.
that a transfer will be initiated as soon as
tioned Peterson v. Islamic Republic of Iran, ‘‘(II) AUTHORIZATION.—Not earlier than 90
practicable.
(c) TRANSFER.—Notwithstanding any other No. 10 Vic. 4518 (S.D.N.Y.), or the proceedings days after the date on which the Comptroller
provision of law, as soon as practicable after captioned In Re 650 Fifth Avenue & Related General submits the report required under
the date on which Congress receives the Properties, No. 08 Civ. 10934 (S.D.N.Y. filed clause (iii), and not later than 1 year after
written notification described in subsection Dec. 17, 2008), such that any such applicant such date, the Special Master shall authorize
(b)(2), the head of the Federal agency or enti- who has received or is entitled or scheduled lump sum catch-up payments from the re-
ty shall transfer to the Smithsonian Institu- to receive 30 percent or more of such appli- serve fund established under subclause (I) in
tion its administrative jurisdiction over the cant’s compensatory damages judgment as a amounts equal to the amounts described in
land or structure that has been designated as result of or in connection with such pro- subclauses (I) and (II) of clause (iii).
the site for the Museum. ceedings shall not receive any payment from ‘‘(III) APPROPRIATIONS.—
--- the Fund, except in accordance with the re- ‘‘(aa) IN GENERAL.—There are authorized to
SA 6617. Mr. MENENDEZ (for him- quirements of clause (i), or as part of a lump- be appropriated and there are appropriated
self, Mr. COTTON, Mr. SULLIVAN, Mr. sum catch-up payment in accordance with to the lump sum catch-up payment reserve
paragraph (4)(D).’’; and fund $3,000,000,000 to carry out this clause, to
GRASSLEY, Mr. BLUMENTHAL, Mr. (B) in paragraph (4)— remain available until expended.
WHITEHOUSE, Mr. KAINE, Mrs. GILLI- (i) in subparagraph (A), by striking ‘‘(B) ‘‘(bb) LIMITATION.—Except as provided in
BRAND, Mr. BOOKER, Mr. CORNYN, Mrs. and (C)’’ and inserting ‘‘(B), (C), and (D)’’; subclause (IV), amounts appropriated pursu-
CAPITO, Mr. SCOTT of Florida, and Mr. (ii) in subparagraph (C), by adding at the ant to item (aa) may not be used for a pur-
WARNOCK) submitted an amendment in- end the following: pose other than to make lump sum catch-up
tended to be proposed to amendment ‘‘(iv) AUTHORIZATION.— payments under this clause.
SA 6552 proposed by Mr. LEAHY to the ‘‘(I) IN GENERAL.—The Special Master shall ‘‘(IV) EXPIRATION.—
authorize lump sum catch-up payments in ‘‘(aa) IN GENERAL.—The lump sum catch-up
bill H.R. 2617, to amend section 1115 of amounts equal to the amounts described in payment reserve fund established by this
title 31, United States Code, to amend subclauses (I), (II), and (III) of clause (iii). clause shall be terminated not later than 1
the description of how performance ‘‘(II) APPROPRIATIONS.— year after the Special Master disperses all
goals are achieved, and for other pur- ‘‘(aa) IN GENERAL.—There are authorized to lump sum catch-up payments pursuant to
poses; which was ordered to lie on the be appropriated and there are appropriated subclause (II).
table; as follows: to the Fund such sums as are necessary to ‘‘(bb) REMAINING AMOUNTS.—All amounts
At the appropriate place, insert the fol- carry out this clause, to remain available remaining in the lump sum catch-up pay-
lowing: until expended. ment reserve fund in excess of the amounts
SEC. lll. IMPROVEMENTS TO THE JUSTICE ‘‘(bb) LIMITATION.—Amounts appropriated described in subclauses (I) and (II) of clause
FOR UNITED STATES VICTIMS OF pursuant to item (aa) may not be used for a (iii) shall be deposited into the Fund under
STATE SPONSORED TERRORISM ACT. purpose other than to make lump sum catch- this section.’’;
(a) SHORT TITLE.—This section may be up payments under this clause.’’; and (4) in subsection (e)(2)(B), by adding at the
cited as the ‘‘Fairness for 9/11 Families Act’’. (iii) by adding at the end the following: end the following:
(b) IN GENERAL.—Section 404 of the Justice ‘‘(D) LUMP SUM CATCH-UP PAYMENTS FOR 1983 ‘‘(v) EXCEPTION FOR 1983 BEIRUT BARRACKS
for United States Victims of State Sponsored BEIRUT BARRACKS BOMBING VICTIMS AND 1996 BOMBING VICTIMS AND 1996 KHOBAR TOWERS
Terrorism Act (34 U.S.C. 20144) is amended— KHOBAR TOWERS BOMBING VICTIMS.— BOMBING VICTIMS.—Nothing in this subpara-
(1) in subsection (b)— ‘‘(i) IN GENERAL.—Not later than 1 year graph shall apply with respect to—
(A) in paragraph (1)(B), in the first sen- after the date of enactment of the Fairness ‘‘(I) a 1983 Beirut barracks bombing victim
tence, by inserting ‘‘and during the 1-year for 9/11 Families Act, and in accordance with or a 1996 Khobar Towers bombing victim who
dlhill on DSK120RN23PROD with SENATE
period beginning on the date of enactment of clauses (i) and (ii) of paragraph (3)(A), the submits an application under subsection
the Fairness for 9/11 Families Act, the Spe- Comptroller General of the United States (c)(3)(A)(ii)(II) on or after the date of enact-
cial Master may utilize an additional 5 full- shall conduct an audit and publish in the ment of the Fairness for 9/11 Families Act; or
time equivalent Department of Justice per- Federal Register a notice of proposed lump ‘‘(II) the assets, or the net proceeds of the
sonnel’’ before the period at the end; and sum catch-up payments to the 1983 Beirut sale of properties or related assets, attrib-
(B) in paragraph (2)(A), by inserting ‘‘Not barracks bombing victims and the 1996 utable to a person described in subclause
later than 30 days after the date of enact- Khobar Towers bombing victims who have (I).’’; and
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S10024 CONGRESSIONAL RECORD — SENATE December 21, 2022
(5) in subsection (j), by adding at the end Business Administration—Shuttered Venue posal of orbital debris, which may include
the following: Operators’’, for carrying out section 324 of moving orbital debris to a safe position,
‘‘(15) 1983 BEIRUT BARRACKS BOMBING VIC- division N of the Consolidated Appropria- using an object or technique that is external
TIM.—The term ‘1983 Beirut barracks bomb- tions Act, 2021 (15 U.S.C. 9009a), $459,000,000 or internal to the orbital debris; and
ing victim’— are hereby rescinded. (B) does not include de-orbit, repurposing,
‘‘(A) means a plaintiff, or estate or suc- (3) AVIATION MANUFACTURING PAYROLL SUP- or other disposal of orbital debris by passive
cessor in interest thereof, who has an eligi- PORT PROGRAM.—Of the unobligated balances means.
ble claim under subsection (c) that arises out of amounts made available under section 7202 (2) ADMINISTRATOR.—The term ‘‘Adminis-
of the October 23, 1983, bombing of the of the American Rescue Plan Act of 2021 (15 trator’’ means the Administrator of the Na-
United States Marine Corps barracks in Bei- U.S.C. 9132), $568,228,000 are hereby rescinded. tional Aeronautics and Space Administra-
rut, Lebanon; and tion.
‘‘(B) includes a plaintiff, estate, or suc- SA 6618. Mr. CARPER submitted an (3) APPROPRIATE COMMITTEES OF CON-
cessor in interest described in subparagraph amendment intended to be proposed to GRESS.—The term ‘‘appropriate committees
(A) who is a judgment creditor in the pro- amendment SA 6552 proposed by Mr. of Congress’’ means—
ceedings captioned Peterson v. Islamic Re- (A) the Committee on Appropriations, the
public of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or
LEAHY to the bill H.R. 2617, to amend Committee on Commerce, Science, and
a Settling Judgment Creditor as identified in section 1115 of title 31, United States Transportation, and the Committee on
the order dated May 27, 2014, in the pro- Code, to amend the description of how Armed Services of the Senate; and
ceedings captioned In Re 650 Fifth Avenue & performance goals are achieved, and (B) the Committee on Appropriations, the
Related Properties, No. 08 Vic.10934 (S.D.N.Y. for other purposes; which was ordered Committee on Science, Space, and Tech-
filed Dec. 17, 2008). to lie on the table; as follows: nology, and the Committee on Armed Serv-
‘‘(16) 1996 KHOBAR TOWERS BOMBING VIC- ices of the House of Representatives.
In title IV of division O, strike section 403
TIM.—The term ‘1996 Khobar Towers bombing (4) DEMONSTRATION PROGRAM.—The term
(relating to numbering of segment).
victim’— ‘‘demonstration program’’ means the active
‘‘(A) means a plaintiff, or estate or suc- orbital debris remediation demonstration
SA 6619. Ms. BALDWIN (for Mr. program carried out under section 4(b).
cessor in interest thereof, who has an eligi-
ble claim under subsection (c) that arises out HICKENLOOPER) proposed an amend- (5) ELIGIBLE ENTITY.—The term ‘‘eligible
of the June 25, 1996 bombing of the Khobar ment to the bill S. 4814, to establish a entity’’ means—
Tower housing complex in Saudi Arabia; and demonstration program for the active (A) a United States-based—
‘‘(B) includes a plaintiff, estate, or suc- remediation of orbital debris and to re- (i) non-Federal, commercial entity;
cessor in interest described in subparagraph quire the development of uniform or- (ii) institution of higher education (as de-
(A) who is a judgment creditor in the pro- bital debris standard practices in order fined in section 101(a) of the Higher Edu-
ceedings captioned Peterson v. Islamic Re- cation Act of 1965 (20 U.S.C. 1001(a))); or
to support a safe and sustainable or- (iii) nonprofit organization;
public of Iran, No. 10 Vic. 4518 (S.D.N.Y.), or
bital environment, and for other pur- (B) any other United States-based entity
a Settling Judgment Creditor as identified in
the order dated May 27, 2014, in the pro- poses; as follows: the Administrator considers appropriate; and
ceedings captioned In Re 650 Fifth Avenue & Strike all after the enacting clause and in- (C) a partnership of entities described in
Related Properties, No. 08 Vic.10934 (S.D.N.Y. sert the following: subparagraphs (A) and (B).
filed Dec. 17, 2008).’’. SECTION 1. SHORT TITLE. (6) ORBITAL DEBRIS.—The term ‘‘orbital de-
(c) GAO REPORT ON FUNDING FOR THE This Act may be cited as the ‘‘Orbital Sus- bris’’ means any human-made space object
UNITED STATES VICTIMS OF STATE SPONSORED tainability Act of 2022’’ or the ‘‘ORBITS Act orbiting Earth that—
TERRORISM FUND.—Not later than 180 days of 2022’’. (A) no longer serves an intended purpose;
after the date of enactment of this Act, the and
SEC. 2. FINDINGS; SENSE OF CONGRESS.
Comptroller General of the United States (B)(i) has reached the end of its mission; or
(a) FINDINGS.—Congress makes the fol- (ii) is incapable of safe maneuver or oper-
shall submit to Congress a report evaluating
lowing findings: ation.
ways to increase deposits into the United
(1) The safety and sustainability of oper- (7) SECRETARY.—The term ‘‘Secretary’’
States Victims of State Sponsored Terrorism
Fund established under paragraph (1) of sec- ations in low-Earth orbit and nearby orbits means the Secretary of Commerce.
tion 404(e) of the Justice for United States in outer space have become increasingly en- (8) SPACE TRAFFIC COORDINATION.—The
Victims of State Sponsored Terrorism Act dangered by a growing amount of orbital de- term ‘‘space traffic coordination’’ means the
(34 U.S.C. 20144(e)) (in this subsection re- bris. planning, coordination, and on-orbit syn-
ferred to as the ‘‘Fund’’), including assessing (2) Exploration and scientific research mis- chronization of activities to enhance the
the advisability and effect of— sions and commercial space services of crit- safety and sustainability of operations in the
(1) expanding the scope of the criminal of- ical importance to the United States rely on space environment.
fenses for which funds, and the net proceeds continued and secure access to outer space. SEC. 4. ACTIVE DEBRIS REMEDIATION.
from the sale of property, forfeited or paid to (3) Efforts by nongovernmental space enti- (a) PRIORITIZATION OF ORBITAL DEBRIS.—
the United States are deposited in the Fund ties to apply lessons learned through stand- (1) LIST.—Not later than 90 days after the
under paragraph (2)(A)(i) of such section; ards and best practices will benefit from gov- date of the enactment of this Act, the Ad-
(2) expanding the scope of the civil pen- ernment support for implementation both ministrator, in consultation with the Sec-
alties or fines for which funds, and the net domestically and internationally. retary, the Secretary of Defense, the Na-
proceeds from the sale of property, forfeited (b) SENSE OF CONGRESS.—It is the sense of tional Space Council, and representatives of
or paid to the United States are deposited in Congress that to preserve the sustainability the commercial space industry, academia,
the Fund under paragraph (2)(A)(ii) of such of operations in space, the United States and nonprofit organizations, shall publish a
section to include civil penalties or fines im- Government should— list of identified orbital debris that pose the
posed, including as part of a settlement (1) to the extent practicable, develop and greatest immediate risk to the safety and
agreement, on an entity for providing mate- carry out programs, establish or update reg- sustainability of orbiting satellites and on-
rial support to an organization designated as ulations, and commence initiatives to mini- orbit activities.
a foreign terrorist organization under sec- mize orbital debris, including initiatives to (2) CONTENTS.—The list required under
tion 219 of the Immigration and Nationality demonstrate active debris remediation of or- paragraph (1)—
Act (8 U.S.C. 1189); and bital debris generated by the United States (A) shall be developed using appropriate
(3) increasing to 100 percent the percentage Government; sources of data and information derived from
of funds, and the net proceeds from the sale (2) lead international efforts to encourage governmental and nongovernmental sources,
of property, forfeited or paid to the United other spacefaring countries to mitigate and including space situational awareness data
States as a civil penalty or fine that are de- remediate orbital debris under their jurisdic- obtained by the Office of Space Commerce,
posited in the Fund under paragraph tion and control; and to the extent practicable;
(2)(A)(ii) of such section. (3) encourage space system operators to (B) shall include, to the extent prac-
(d) RESCISSIONS.— continue implementing best practices for ticable—
(1) BUSINESS LOANS PROGRAM ACCOUNT.—Of space safety when deploying satellites and (i) a description of the approximate age, lo-
the unobligated balances of amounts made constellations of satellites, such as trans- cation in orbit, size, tumbling state, post-
available under the heading ‘‘Small Business parent data sharing and designing for system mission passivation actions taken, and na-
Administration—Business Loans Program reliability, so as to limit the generation of tional jurisdiction of each orbital debris
dlhill on DSK120RN23PROD with SENATE
Account, CARES Act’’, for carrying out future orbital debris. identified; and
paragraphs (36) and (37) of section 7(a) of the SEC. 3. DEFINITIONS. (ii) data required to inform decisions re-
Small Business Act (15 U.S.C. 636(a)), In this Act: garding potential risk and feasibility of safe
$4,954,772,000 are hereby rescinded. (1) ACTIVE DEBRIS REMEDIATION.—The term remediation; and
(2) SHUTTERED VENUE OPERATORS GRANT.— ‘‘active debris remediation’’— (C) may include orbital debris that poses a
Of the unobligated balances of amounts (A) means the deliberate process of facili- significant risk to terrestrial people and as-
made available under the heading ‘‘Small tating the de-orbit, repurposing, or other dis- sets, including risk resulting from potential
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