A bill to amend the Justice for United States Victims of State Sponsored Terrorism Act to provide rules for payments to Havlish Settling Judgment Creditors.
- Sponsor
- Sen. Fetterman, John [D-PA]
- Committees
- Judiciary Committee (primary)
- Last action
- Sep 11, 2025
Bottom line
This bill clarifies and secures the eligibility of a specific group of 9/11 victims, known as Havlish Settling Judgment Creditors, for compensation from a federal fund, including the retroactive release of withheld payments.
What it actually does
This bill amends the Justice for United States Victims of State Sponsored Terrorism Act to specifically ensure that "Havlish Settling Judgment Creditors" are eligible for payments from the U.S. Victims of State Sponsored Terrorism Fund. It mandates the release of any funds previously withheld from these creditors and guarantees their participation in future payment rounds, irrespective of prior elections or conditional payment applications. The bill also defines who constitutes a "Havlish Settling Judgment Creditor" and applies these changes retroactively to December 29, 2022.
Proponents argue
Supporters argue this bill ensures equitable treatment for a specific group of 9/11 victims who have faced delays or exclusions from compensation, upholding the original intent of the Victims of State Sponsored Terrorism Act to provide justice to those harmed by state-sponsored terrorism. It rectifies an administrative or legal oversight that prevented these victims from receiving their due compensation, providing long-awaited relief and ensuring fairness.
Opponents contend
Opponents might argue that creating specific exceptions for particular groups of claimants could complicate the administration of the fund, potentially delay payments to other victims, or raise questions about fairness if other groups do not receive similar legislative interventions. There could also be concerns about the precedent set for future claims or the overall financial impact on the fund if not adequately managed, particularly regarding the retroactive application.
The bill is very short and clear, allowing for quick comprehension by any interested reader.
Subsection (a)(1) amending 34 U.S.C. 20144(e)(2)(B)
Ensuring Eligibility and Payment for Havlish Settling Judgment Creditors
This provision creates a specific exception within the Justice for United States Victims of State Sponsored Terrorism Act, clarifying that Havlish Settling Judgment Creditors are fully eligible for payments from the U.S. Victims of State Sponsored Terrorism Fund. It mandates the release of any funds previously withheld from these creditors and guarantees their participation in future payment rounds, regardless of prior election or conditional payment applications. This ensures that a specific group of 9/11 victims, identified in a particular court order, receive their compensation.
Supporters argue
Supporters argue this provision corrects an injustice or oversight, ensuring that a specific group of 9/11 victims, who have valid claims arising from state-sponsored terrorism, receive the compensation they are entitled to under the law. It provides long-awaited relief and ensures fairness in the distribution of funds.
Critics contend
Critics might contend that creating specific carve-outs for particular groups, even if well-intentioned, can complicate the equitable administration of victim compensation funds and potentially lead to demands for similar exceptions from other groups, or could strain the fund's resources if not carefully managed.
Tradeoffs
The bill balances the specific needs and historical claims of the Havlish Settling Judgment Creditors against the broader administrative principles of the Victims of State Sponsored Terrorism Fund and the potential impact on other claimants or the fund's overall solvency.
Subsection (a)(2) adding 34 U.S.C. 20144(j)(17)
Defining 'Havlish Settling Judgment Creditor'
This provision adds a new definition to the Justice for United States Victims of State Sponsored Terrorism Act, formally defining 'Havlish Settling Judgment Creditor.' This term refers to plaintiffs, their estates, or successors in interest who have eligible claims related to the September 11, 2001, terrorist attacks and are specifically identified as Settling Judgment Creditors in a particular court order from the Southern District of New York (In re 650 Fifth Avenue and Related Properties, No. 08-CV-10934).
Subsection (b)
Retroactive Effective Date
This provision specifies that the amendments made by the bill are to take effect retroactively, as if they were enacted on December 29, 2022. This ensures that the Havlish Settling Judgment Creditors are covered for a period prior to the bill's actual enactment, potentially allowing for the immediate release of previously withheld funds and ensuring continuous eligibility from that date.