No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6049 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6049
To award payments to employees of Air America who provided support to
the United States from 1950 to 1976, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2023
Mr. Grothman (for himself, Ms. Moore of Wisconsin, Ms. Norton, Mr.
Waltz, Mr. Trone, Ms. Salazar, Mr. Tiffany, Ms. Kelly of Illinois, Mr.
LaMalfa, Mr. Smith of Washington, Ms. Williams of Georgia, Mr. Valadao,
Mr. Garamendi, Mr. Takano, Ms. Escobar, Ms. Tenney, Mr. Bost, Mr.
Costa, Ms. Titus, Ms. Lee of Nevada, Mr. Mrvan, Mr. Gimenez, Mr.
Carbajal, Mr. Nadler, Mr. Johnson of Georgia, Mr. Moolenaar, Mr.
Pappas, Mr. Carson, Mr. Kilmer, Ms. Brownley, and Mr. Tony Gonzales of
Texas) introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence
_______________________________________________________________________
A BILL
To award payments to employees of Air America who provided support to
the United States from 1950 to 1976, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air America Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Air America and its affiliated companies, in
coordination with the Central Intelligence Agency, provided
direct and indirect support to the United States Government
from 1950 to 1976.
(2) The service and sacrifice of employees of Air America
included--
(A) suffering a high rate of casualties in the
course of service;
(B) saving thousands of lives in search and rescue
missions for downed United States airmen and allied
refugee evacuations; and
(C) serving lengthy periods under challenging
circumstances abroad.
SEC. 3. DEFINITIONS.
In this Act:
(1) Affiliated company.--The term ``affiliated company'',
with respect to Air America, includes Air Asia Company Limited,
CAT Incorporated, Civil Air Transport Company Limited, and the
Pacific Division of Southern Air Transport.
(2) Air america.--The term ``Air America'' means Air
America, Incorporated.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Select Committee on
Intelligence, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Oversight and Accountability,
the Permanent Select Committee on Intelligence, and the
Committee on Appropriations of the House of
Representatives.
(4) Child; dependent; widow; widower.--The terms ``child'',
``dependent'', ``widow'', and ``widower'' have the meanings
given those terms in section 8341(a) of title 5, United States
Code, except that section shall be applied by substituting
``individual who performed qualifying service'' for ``employee
or Member''.
(5) Covered decedent.--The term ``covered decedent'' means
an individual who was killed in Southeast Asia while supporting
operations of the Central Intelligence Agency during the period
beginning on January 1, 1950, and ending on December 31, 1976,
as a United States citizen employee of Air America or an
affiliated company.
(6) Director.--The term ``Director'' means the Director of
the Central Intelligence Agency.
(7) Qualifying service.--The term ``qualifying service''
means service that--
(A) was performed by a United States citizen as an
employee of Air America or an affiliated company during
the period beginning on January 1, 1950, and ending on
December 31, 1976; and
(B) is documented in--
(i) the corporate records of Air America or
an affiliated company;
(ii) records possessed by the United States
Government; or
(iii) the personal records of a former
employee of Air America or an affiliated
company that are verified by the United States
Government.
(8) Survivor.--The term ``survivor''means--
(A) the widow or widower of--
(i) an individual who performed qualifying
service; or
(ii) a covered decedent; or
(B) an individual who, at any time during or since
the period of qualifying service, or on the date of
death of a covered decedent, was a dependent or child
of--
(i) the individual who performed such
qualifying service; or
(ii) the covered decedent.
SEC. 4. AWARD AUTHORIZED TO ELIGIBLE PERSONS.
(a) In General.--Subject to the limitation in subsection (d), the
Director shall provide an award payment of $40,000 under this section--
(1) to an individual who performed qualifying service for a
period of greater than or equal to 5 years or to a survivor of
such individual; or
(2) to the survivor of a covered decedent.
(b) Requirements.--
(1) In general.--To be eligible for a payment under this
subsection, an individual who performed qualifying service or
survivor (as the case may be) must demonstrate to the
satisfaction of the Director that the individual whose
qualifying service upon which the payment is based meets the
criteria of paragraph (1) or (2) of subsection (a).
(2) Reliance on records.--In carrying out this subsection,
in addition to any evidence provided by such an individual or
survivor, the Director may rely on records possessed by the
United States Government.
(c) Additional Payment.--If an individual, or in the case of a
survivor, the individual whose qualifying service upon which the
payment is based, can demonstrate to the Director that the qualifying
service of the individual exceeded 5 years, the Director shall pay to
such individual or survivor an additional $8,000 for each full year in
excess of 5 years (and a proportionate amount for a partial year).
(d) Survivors.--In the case of an award granted to a survivor under
this section, the payment shall be made--
(1) to the surviving widow or widower; or
(2) if there is no surviving widow or widower, to the
surviving dependent or child, in equal shares.
SEC. 5. FUNDING LIMITATION.
(a) In General.--The total amount of awards granted under this Act
may not exceed $60,000,000.
(b) Requests for Additional Funds.--If, at the determination of the
Director, the amount of funds required to satisfy all valid
applications for payment under this Act exceeds the limitation set
forth in subsection (a), the Director shall submit to Congress a
request for sufficient funds to fulfill all remaining payments.
(c) Awards to Employees of Intermountain Aviation.--The Director
may determine, on a case-by-case basis, to award amounts to individuals
who performed service consistent with the definition of qualifying
service as employees of Intermountain Aviation.
SEC. 6. TIME LIMITATION.
(a) In General.--To be eligible for an award payment under this
Act, a claimant must file a claim for such payment with the Director
not later than 2 years after the effective date of the regulations
prescribed by the Director in accordance with section 7.
(b) Determination.--Not later than 90 days after receiving a claim
for an award payment under this section, the Director shall determine
the eligibility of the claimant for payment.
(c) Payment.--
(1) In general.--If the Director determines that the
claimant is eligible for the award payment, the Director shall
pay the award payment not later than 60 days after the date of
such determination.
(2) Lump-sum payment.--The Director shall issue each
payment as a one-time lump sum payment contingent upon the
timely filing of the claimant under this section.
(3) Notice and delays.--The Director shall notify the
appropriate congressional committees of any delays in making an
award payment not later than 30 days after the date such
payment is due.
SEC. 7. APPLICATION PROCEDURES.
(a) In General.--The Director shall prescribe procedures to carry
out this Act, which shall include processes under which--
(1) claimants may submit claims for payment under this Act;
(2) the Director will award the amounts under section 4;
and
(3) claimants can obtain redress and appeal determinations
under section 6.
(b) Other Matters.--Such procedures--
(1) shall be--
(A) prescribed not later than 60 days after the
date of the enactment of this Act; and
(B) published in the Code of Federal Regulations;
and
(2) shall not be subject to chapter 5 of title 5, United
States Code.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to--
(1) entitle any person to Federal benefits, including
retirement benefits under chapter 83 or 84 of title 5, United
States Code, and disability or death benefits under chapter 81
of such title;
(2) change the legal status of the former Air America
corporation or any affiliated company; or
(3) create any legal rights, benefits, or entitlements
beyond the one-time award authorized by this Act.
SEC. 9. ATTORNEYS' AND AGENTS' FEES.
(a) In General.--It shall be unlawful for more than 25 percent of
an award paid pursuant to this Act to be paid to, or received by, any
agent or attorney for any service rendered to a person who receives an
award under section 4, in connection with the award under this Act.
(b) Violation.--Any agent or attorney who violates subsection (a)
shall be fined under title 18, United States Code.
SEC. 10. NO JUDICIAL REVIEW.
A determination by the Director pursuant to this Act is final and
conclusive and shall not be subject to judicial review.
SEC. 11. REPORTS TO CONGRESS.
Until the date that all funds available for awards under this Act
are expended, the Director shall submit to the appropriate
congressional committees a semiannual report describing the numbers of
award payments made and denied during the 180 days preceding the
submission of the report, including the rationales for any denials, and
if, at the determination of the Director, the amount of funds provided
to carry out this Act are insufficient to satisfy any remaining or
anticipated claims.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Intelligence (Permanent Select).
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line