Catch-up payments for Khobar Victims
274 eligible Khobar Towers and Marine Barracks bombing victims remain unable to access $116 million in “catch-up” payments explicitly earmarked for them.
2081 other eligible Khobar and Beirut barrack bombing victims have been cleared to receive these payments.
Funds have already been set aside for the 274 victims, but the Special Master lacks the statutory authority to release these funds.
A clarification bill directing the Special Master to release the catch-up payments to the 274 eligible victims is all that is required.
Background
On November 1, 2024, the GAO issued Report 25-107564 – U.S. Victims of State Sponsored Terrorism Fund: 1983 Beirut Barracks and 1996 Khobar Towers Bombing Claimants Due $614 Million | U.S. GAO – detailing the legislative requirement for Congress to pass clarifying legislation authorizing the release of these funds.
The U.S. Victims of State Sponsored Terrorism Fund (USVSST Fund), established under the Justice for U.S. Victims of State Sponsored Terrorism Act (Victims Act), is mandated to distribute payments to victims of terrorism using funds seized from sanctioned state sponsors.
The Fairness for 9/11 Families Act (Fairness Act), enacted 12/29/2022, amended the law to require one-time lump-sum catch-up payments to Khobar and Beirut bombing victims who obtained federal district court judgments before December 29, 2022. It mandated applications from these certain victims between 12/29/2022 and 6/27/2023.
Despite their eligibility, 274 victims with pre-existing claims were misinformed by the DOJ-administered USVSST Fund that they should not apply for payments. This erroneous guidance caused them to comply and refrain from applying, leading to their exclusion.
In contrast, 512 claimants disregarded the USVSST Fund’s instructions, applied within the statutory period, and were initially rejected. However, the GAO later retroactively validated their applications, ensuring their eligibility.
Meanwhile, the 274 victims who followed the Fund’s erroneous guidance were excluded due to statutory deadlines—a penalty for their compliance with official instructions.
The Problem
The GAO report acknowledges that the 274 claimants were misled into believing they could not apply, resulting in their exclusion. This injustice persists solely because the Special Master does not have the authority to override the deadlines imposed by the Fairness Act.
The Solution
Congress must pass a simple clarification bill empowering the Special Master to release funds to the 274 victims who relied on erroneous DOJ guidance. The GAO explicitly recommends this action, and it aligns with the bipartisan intent of the Fairness Act.
Why this Matters
• Moral Obligation: These victims endured horrific attacks while serving their country and continue to suffer the consequences. Justice delayed is justice denied.
• No Fiscal Impact: The funds are already allocated and reserved. There is no additional cost to taxpayers.
• Trust in Government: Restoring access to these payments corrects a government error and reaffirms trust in institutions that promised justice.
• Bipartisan Precedent: The Fairness Act passed with overwhelming bipartisan support. This clarification measure upholds that spirit.
Call to Action
We urge Congress to swiftly enact the required legislation to correct this error and authorize the release of the $116 million already reserved for these victims. Failing to act perpetuates an injustice against victims who trusted and followed government directives. Immediate action is critical to restoring fairness and fulfilling Congress’s original intent without imposing any additional costs on taxpayers.
In The Media
The USVSST Fund: Honoring Khobar Towers Victims and Supporting Terrorism Victims
In a world fraught with acts of terrorism and violence, the United States government has made efforts to provide support…
