Fairness for 9/11 Families Technical Fix Act

“(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 Judgement Creditor and withheld from distribution under clause (iv) shall be released and paid to the Havlish Settling Judgement 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).”

“(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.).”