Click any annotated section or its icon to see analysis.
Referenced Laws
34 U.S.C. 20144
Section 1
1. Justice for United States victims of state sponsored terrorism The Justice for United States Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended— in subsection (e)(2)(B), by adding at the end the following: This subsection does not apply with respect to— a Havlish Settling Judgment Creditor who previously elected to participate in the Fund in accordance with clause (iii) or who submitted an application for conditional payment in accordance with clause (iv); or the assets, or the net proceeds of the sale of properties or related assets, attributable to a person described in item (aa). All funds allocated to a Havlish Settling Judgment Creditor and withheld from distribution under clause (iv) shall be released and paid to the Havlish Settling Judgment Creditor to whom such withheld funds had been allocated. Each Havlish Settling Judgment Creditor shall be entitled to participate in future rounds of payments in the same manner as all other claimants described in paragraphs (10) through (14) of subsection (j), irrespective of any application for conditional payment submitted under clause (iv). in subsection (j), by adding at the end the following: The term Havlish Settling Judgment Creditor means a plaintiff, an estate or successor in interest thereof, who— has an eligible claim under subsection (c) that arises out of the September 11, 2001, terrorist attacks against the United States; and is a Settling Judgment Creditor identified in the Order dated April 16, 2014, in the proceedings captioned In re 650 Fifth Avenue and Related Properties, No. 08–CV–10934 (S.D.N.Y.). The amendments made by subsection (a) shall take effect as if enacted on December 29, 2022. (vi) Exception for the Havlish Settling Judgment Creditors (I) In general This subsection does not apply with respect to—
(aa)
a Havlish Settling Judgment Creditor who previously elected to participate in the Fund in accordance with clause (iii) or who submitted an application for conditional payment in accordance with clause (iv); or
(bb)
the assets, or the net proceeds of the sale of properties or related assets, attributable to a person described in item (aa).
(II)
Release of funds held in escrow
All funds allocated to a Havlish Settling Judgment Creditor and withheld from distribution under clause (iv) shall be released and paid to the Havlish Settling Judgment Creditor to whom such withheld funds had been allocated.
(III)
Future payment eligibility
Each Havlish Settling Judgment Creditor shall be entitled to participate in future rounds of payments in the same manner as all other claimants described in paragraphs (10) through (14) of subsection (j), irrespective of any application for conditional payment submitted under clause (iv).
; and (17) Havlish settling judgment creditor The term Havlish Settling Judgment Creditor means a plaintiff, an estate or successor in interest thereof, who—
(A)
has an eligible claim under subsection (c) that arises out of the September 11, 2001, terrorist attacks against the United States; and
(B)
is a Settling Judgment Creditor identified in the Order dated April 16, 2014, in the proceedings captioned In re 650 Fifth Avenue and Related Properties, No. 08–CV–10934 (S.D.N.Y.).
.