“To award payments to employees of Air America who provided support to the United States from 1950 to 1976, and for other purposes.”
No CRS summary available for this bill.
This section states congressional findings concerning Air America and its affiliated companies, which provided direct and indirect support to the U.S. government from 1950 to 1976 in coordination with the Central Intelligence Agency. The findings recognize that Air America employees suffered a high rate of casualties; saved thousands of lives through search and rescue missions for downed U.S. airmen and allied refugee evacuations; and served lengthy periods under challenging circumstances abroad.
This section defines terms used in the Act, including (1) "affiliated company," with respect to Air America, as Air Asia Company Limited, CAT Incorporated, Civil Air Transport Company Limited, and the Pacific Division of Southern Air Transport; (2) "Air America" as Air America, Incorporated; (3) "covered decedent" as a U.S. citizen employee of Air America or an affiliated company killed in Southeast Asia while supporting CIA operations from January 1, 1950, to December 31, 1976; (4) "qualifying service" as service performed by a U.S. citizen employee of Air America or an affiliated company during that period, as documented in corporate records, U.S. government records, or verified personal records of former employees; and (5) "survivor" as the widow, widower, dependent, or child (as defined in 5 U.S.C. 8341(a), applied to individuals performing qualifying service) of an individual who performed qualifying service or is a covered decedent.
This section authorizes the Director to provide award payments of $40,000 to (1) individuals who performed at least five years of qualifying service or their survivors, or (2) survivors of a covered decedent. It directs additional payments of $8,000 for each full year of qualifying service exceeding five years (pro rata for partial years). Survivor payments must go first to the surviving widow or widower, or if none, equally to surviving dependents or children.
This section limits the total amount of awards granted under the Act to $60 million. It further requires the Director, if funds required to satisfy all valid applications exceed that amount, to request from Congress sufficient additional funds to fulfill remaining payments; and authorizes the Director to award amounts, on a case-by-case basis, to individuals who performed qualifying service as employees of Intermountain Aviation.
This section establishes time limitations for award payments under the Act, requiring claimants to file claims with the Director not later than 2 years after the effective date of regulations prescribed under section 7. It further directs the Director to determine claimant eligibility not later than 90 days after receiving a claim and, if eligible, to issue a one-time lump-sum payment not later than 60 days after that determination. The section also requires the Director to notify the appropriate congressional committees of any payment delays not later than 30 days after the payment is due.
This section directs the Director to prescribe procedures for implementing the Act, including processes for claimants to submit claims, the Director to award payments under section 4, and claimants to appeal determinations under section 6. The procedures must be prescribed within 60 days of enactment, published in the Code of Federal Regulations, and exempt from notice-and-comment rulemaking requirements under the Administrative Procedure Act.
This section provides a rule of construction specifying that nothing in the Act (1) entitles any person to federal benefits, including retirement benefits under 5 U.S.C. chapters 83 or 84 or disability or death benefits under chapter 81; (2) changes the legal status of the former Air America corporation or any affiliated company; or (3) creates any legal rights, benefits, or entitlements beyond the one-time award authorized by the Act.
This section prohibits attorneys and agents from receiving more than 25% of an award under section 4 for services rendered in connection with such award. It subjects violators to fines under 18 U.S.C.
This section directs the Director to submit semiannual reports to the appropriate congressional committees—until all funds available for awards under this Act are expended—describing (1) the numbers of award payments made and denied during the preceding 180 days, including rationales for any denials, and (2) whether, in the Director's determination, available funds are insufficient to satisfy remaining or anticipated claims.